Water Resources Development Act of 2020

II 116TH CONGRESS 2D SESSION H. R. 7575 IN THE SENATE OF THE UNITED STATES JULY 30, 2020 Received AN ACT To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 21:52 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.RDS H7575 kjohnson on DSK79L0C42PROD with BILLS 2 HR 7575 RDS SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘Water Resources Development Act of 2020’’. 3 (b) TABLE OF CONTENTS.—The table of contents for 4 this Act is as follows: 5 Sec. 1. Short title; table of contents. Sec. 2. Secretary defined. TITLE I—GENERAL PROVISIONS Sec. 101. Budgetary treatment expansion and adjustment for the Harbor Main- tenance Trust Fund. Sec. 102. Funding for navigation. Sec. 103. Annual report to Congress on the Harbor Maintenance Trust Fund. Sec. 104. Additional measures at donor ports and energy transfer ports. Sec. 105. Assumption of maintenance of a locally preferred plan. Sec. 106. Coast Guard anchorages. Sec. 107. State contribution of funds for certain operation and maintenance costs. Sec. 108. Inland waterway projects. Sec. 109. Implementation of water resources principles and requirements. Sec. 110. Resiliency planning assistance. Sec. 111. Project consultation. Sec. 112. Review of resiliency assessments. Sec. 113. Small flood control projects. Sec. 114. Conforming amendment. Sec. 115. Feasibility studies; review of natural and nature-based features. Sec. 116. Report on corrosion prevention activities. Sec. 117. Quantification of benefits for flood risk management projects in seis- mic zones. Sec. 118. Federal interest determination. Sec. 119. Economically disadvantaged community flood protection and hurri- cane and storm damage reduction study pilot program. Sec. 120. Permanent measures to reduce emergency flood fighting needs for communities subject to repetitive flooding. Sec. 121. Emergency response to natural disasters. Sec. 122. Study on natural infrastructure at Corps of Engineers projects. Sec. 123. Review of Corps of Engineers assets. Sec. 124. Sense of Congress on multipurpose projects. Sec. 125. Beneficial reuse of dredged material; dredged material management plans. Sec. 126. Aquatic ecosystem restoration for anadromous fish. Sec. 127. Annual report to Congress. Sec. 128. Harmful algal bloom demonstration program. Sec. 129. Update on Invasive Species Policy Guidance. Sec. 130. Report on debris removal. Sec. 131. Missouri River interception-rearing complex construction. Sec. 132. Cost and benefit feasibility assessment. Sec. 133. Materials, services, and funds for repair, restoration, or rehabilitation of projects. VerDate Sep 11 2014 21:52 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H7575.RDS H7575 kjohnson on DSK79L0C42PROD with BILLS 3 HR 7575 RDS Sec. 134. Levee safety. Sec. 135. National Dam Safety Program. Sec. 136. Rehabilitation of Corps of Engineers constructed pump stations. Sec. 137. Non-Federal Project Implementation Pilot Program. Sec. 138. Definition of economically disadvantaged community. Sec. 139. Cost sharing provisions for territories and Indian Tribes. Sec. 140. Flood control and other purposes. Sec. 141. Review of contracting policies. Sec. 142. Buy America. Sec. 143. Annual report on status of feasibility studies. TITLE II—STUDIES AND REPORTS Sec. 201. Authorization of proposed feasibility studies. Sec. 202. Expedited completions. Sec. 203. Feasibility study modifications. Sec. 204. Selma, Alabama. Sec. 205. Comprehensive study of the Sacramento River, Yolo Bypass, Cali- fornia. Sec. 206. Lake Okeechobee regulation schedule, Florida. Sec. 207. Great Lakes Coastal Resiliency Study. Sec. 208. Rathbun Lake, Chariton River, Iowa. Sec. 209. Report on the status of restoration in the Louisiana coastal area. Sec. 210. Lower Mississippi River comprehensive study. Sec. 211. Upper Mississippi River Comprehensive Plan. Sec. 212. Lower Missouri Basin Flood Risk and Resiliency Study, Iowa, Kan- sas, Nebraska, and Missouri. Sec. 213. Portsmouth Harbor and Piscataqua River and Rye Harbor, New Hampshire. Sec. 214. Cougar and Detroit Dams, Willamette River Basin, Oregon. Sec. 215. Port Orford, Oregon. Sec. 216. Wilson Creek and Sloan Creek, Fairview, Texas. Sec. 217. GAO study on mitigation for water resources development projects. Sec. 218. GAO study on application of Harbor Maintenance Trust Fund ex- penditures. Sec. 219. GAO study on administration of environmental banks. Sec. 220. Study on Corps of Engineers concessionaire agreements. Sec. 221. Study on water supply and water conservation at water resources de- velopment projects. Sec. 222. PFAS review and inventory at Corps facilities. Sec. 223. Report on recreational facilities. TITLE III—DEAUTHORIZATIONS AND MODIFICATIONS Sec. 301. Deauthorization of inactive projects. Sec. 302. Abandoned and inactive noncoal mine restoration. Sec. 303. Tribal partnership program. Sec. 304. Lakes program. Sec. 305. Watercraft inspection stations. Sec. 306. Rehabilitation of Corps of Engineers constructed dams. Sec. 307. Chesapeake Bay Environmental Restoration and Protection Program. Sec. 308. Upper Mississippi River System Environmental Management Pro- gram. Sec. 309. McClellan-Kerr Arkansas River Navigation System. Sec. 310. Ouachita-Black River Navigation Project, Arkansas. Sec. 311. Sacramento River, Glenn-Colusa, California. VerDate Sep 11 2014 21:52 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H7575.RDS H7575 kjohnson on DSK79L0C42PROD with BILLS 4 HR 7575 RDS Sec. 312. Lake Isabella, California. Sec. 313. Lower San Joaquin River flood control project. Sec. 314. San Diego River and Mission Bay, San Diego County, California. Sec. 315. San Francisco, California, Waterfront Area. Sec. 316. Western Pacific Interceptor Canal, Sacramento River, California. Sec. 317. Rio Grande Environmental Management Program, Colorado, New Mexico, and Texas. Sec. 318. New London Harbor Waterfront Channel, Connecticut. Sec. 319. Washington Harbor, District of Columbia. Sec. 320. Big Cypress Seminole Indian Reservation Water Conservation Plan, Florida. Sec. 321. Central Everglades, Florida. Sec. 322. Miami River, Florida. Sec. 323. Julian Keen, Jr. Lock and Dam, Moore Haven, Florida. Sec. 324. Taylor Creek Reservoir and Levee L–73 (Section 1), Upper St. Johns River Basin, Florida. Sec. 325. Calcasieu River and Pass, Louisiana. Sec. 326. San Juan-Chama project; Abiquiu Dam, New Mexico. Sec. 327. Pawcatuck River, Little Narragansett Bay and Watch Hill Cove, Rhode Island and Connecticut. Sec. 328. Harris County, Texas. Sec. 329. Cap Sante Waterway, Washington. Sec. 330. Regional sediment management. Sec. 331. Additional assistance for critical projects. Sec. 332. Project modification authorizations. Sec. 333. Application of credit. Sec. 334. Project reauthorizations. Sec. 335. Conveyances. Sec. 336. Repeals. TITLE IV—WATER RESOURCES INFRASTRUCTURE Sec. 401. Project authorizations. Sec. 402. Special rules. Sec. 403. Authorization of projects based on feasibility studies prepared by non- Federal interests. TITLE V—BUDGETARY EFFECTS Sec. 501. Determination of Budgetary Effects. SEC. 2. SECRETARY DEFINED. 1 In this Act, the term ‘‘Secretary’’ means the Sec- 2 retary of the Army. 3 VerDate Sep 11 2014 21:52 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.RDS H7575 kjohnson on DSK79L0C42PROD with BILLS 5 HR 7575 RDS TITLE I—GENERAL PROVISIONS 1 SEC. 101. BUDGETARY TREATMENT EXPANSION AND AD- 2 JUSTMENT FOR THE HARBOR MAINTENANCE 3 TRUST FUND. 4 (a) IN GENERAL.—Section 14003 of division B of the 5 CARES Act (Public Law 116–136) is amended to read 6 as follows: 7 ‘‘SEC. 14003. Section 251(b)(2) of the Balanced 8 Budget and Emergency Deficit Control Act of 1985 (2 9 U.S.C. 901(b)(2)) is amended by adding at the end the 10 following: 11 ‘‘ ‘(H) HARBOR MAINTENANCE ACTIVI- 12 TIES.—If, for any fiscal year, appropriations for 13 the Construction, Mississippi River and Tribu- 14 taries, and Operation and Maintenance ac- 15 counts of the Corps of Engineers are enacted 16 that are derived from the Harbor Maintenance 17 Trust Fund established under section 9505(a) 18 of the Internal Revenue Code of 1986 and that 19 the Congress designates in statute as being for 20 harbor operations and maintenance activities, 21 then the adjustment for that fiscal year shall be 22 the total of such appropriations that are derived 23 from such Fund and designated as being for 24 VerDate Sep 11 2014 21:52 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.RDS H7575 kjohnson on DSK79L0C42PROD with BILLS 6 HR 7575 RDS harbor operations and maintenance activi- 1 ties.’.’’. 2 (b) EFFECTIVE DATE.—The amendment made by 3 subsection (a) shall take effect as if included in the enact- 4 ment of the CARES Act (Public Law 116–136). 5 SEC. 102. FUNDING FOR NAVIGATION. 6 (a) FUNDING FOR NAVIGATION.—Section 210 of the 7 Water Resources Development Act of 1986 (33 U.S.C. 8 2238) is amended, in the section heading, by striking 9 ‘‘AUTHORIZATION OF APPROPRIATIONS’’ and insert- 10 ing ‘‘FUNDING FOR NAVIGATION’’. 11 (b) OPERATION AND MAINTENANCE OF HARBOR 12 PROJECTS.—Section 210(c) of the Water Resources De- 13 velopment Act of 1986 (33 U.S.C. 2238(c)) is amended— 14 (1) by amending paragraph (1) to read as fol- 15 lows: 16 ‘‘(1) IN GENERAL.—For each fiscal year, of the 17 funds made available under this section (including 18 funds appropriated from the Harbor Maintenance 19 Trust Fund), the Secretary shall make expenditures 20 to pay for operation and maintenance costs of the 21 harbors and inland harbors referred to in subsection 22 (a)(2), using— 23 ‘‘(A) not less than 20 percent of such 24 funds for emerging harbor projects, to the ex- 25 VerDate Sep 11 2014 21:52 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.RDS H7575 kjohnson on DSK79L0C42PROD with BILLS 7 HR 7575 RDS tent there are identifiable operations and main- 1 tenance needs, including eligible breakwater and 2 jetty needs, at such harbor projects; 3 ‘‘(B) not less than 12 percent of such 4 funds for projects that are located within the 5 Great Lakes Navigation System; 6 ‘‘(C) 10 percent of such funds for ex- 7 panded uses carried out at donor ports, as such 8 term is defined in section 2106 of the Water 9 Resources Reform and Development Act of 10 2014 (33 U.S.C. 2238c); and 11 ‘‘(D) any remaining funds for operation 12 and maintenance costs of any harbor or inland 13 harbor referred to in subsection (a)(2) based on 14 an equitable allocation of such funds among 15 such harbors and inland harbors.’’; 16 (2) by amending paragraph (3) to read as fol- 17 lows: 18 ‘‘(3) ADDITIONAL USES AT EMERGING HAR- 19 BORS.— 20 ‘‘(A) IN GENERAL.—In each fiscal year, 21 the Secretary may use not more than 22 $5,000,000 of funds designated for emerging 23 harbor projects under paragraph (1)(A) to pay 24 for the costs of up to 10 projects for mainte- 25 VerDate Sep 11 2014 21:52 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.RDS H7575 kjohnson on DSK79L0C42PROD with BILLS 8 HR 7575 RDS nance dredging of a marina or berthing area, in 1 an emerging harbor, that includes an area that 2 is located adjacent to, or is accessible by, a 3 Federal navigation project, subject to subpara- 4 graphs (B) and (C) of this paragraph. 5 ‘‘(B) ELIGIBLE EMERGING HARBORS.— 6 The Secretary may use funds as authorized 7 under subparagraph (A) at an emerging harbor 8 that— 9 ‘‘(i) supports commercial activities, in- 10 cluding commercial fishing operations, 11 commercial fish processing operations, rec- 12 reational and sport fishing, and commer- 13 cial boat yards; or 14 ‘‘(ii) supports activities of the Sec- 15 retary of the department in which the 16 Coast Guard is operating. 17 ‘‘(C) COST-SHARING REQUIREMENTS.— 18 The Secretary shall require a non-Federal inter- 19 est to contribute not less than 25 percent of the 20 costs for maintenance dredging of that portion 21 of a maintenance dredging project described in 22 subparagraph (A) that is located outside of the 23 Federal navigation project, which may be pro- 24 vided as an in-kind contribution, including 25 VerDate Sep 11 2014 21:52 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.RDS H7575 kjohnson on DSK79L0C42PROD with BILLS 9 HR 7575 RDS through the use of dredge equipment owned by 1 non-Federal interest to carry out such activi- 2 ties.’’; and 3 (3) by adding at the end the following: 4 ‘‘(5) EMERGENCY EXPENDITURES.—Nothing in 5 this subsection prohibits the Secretary from making 6 an expenditure to pay for the operation and mainte- 7 nance costs of a specific harbor or inland harbor, in- 8 cluding the transfer of funding from the operation 9 and maintenance of a separate project, if— 10 ‘‘(A) the Secretary determines that the ac- 11 tion is necessary to address the navigation 12 needs of a harbor or inland harbor where safe 13 navigation has been severely restricted due to 14 an unforeseen event; and 15 ‘‘(B) the Secretary provides within 90 days 16 of the action notice and information on the 17 need for the action to the Committee on Envi- 18 ronment and Public Works and the Committee 19 on Appropriations of the Senate and the Com- 20 mittee on Transportation and Infrastructure 21 and the Committee on Appropriations of the 22 House of Representatives.’’. 23 (c) PRIORITIZATION.—Section 210 of the Water Re- 24 sources Development Act of 1986 (33 U.S.C. 2238) is 25 VerDate Sep 11 2014 21:52 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.RDS H7575 kjohnson on DSK79L0C42PROD with BILLS 10 HR 7575 RDS amended by striking subsection (d) and redesignating sub- 1 sections (e) and (f) as subsections (d) and (e), respectively. 2 (d) ASSESSMENT OF HARBORS AND INLAND HAR- 3 BORS.—Section 210(d)(2)(A)(ii) of the Water Resources 4 Development Act of 1986 (as so redesignated) is amended 5 by striking ‘‘expanded uses at eligible harbors or inland 6 harbors referred to in subsection (d)(2)’’ and inserting 7 ‘‘uses described in paragraphs (1)(C) and (3) of sub- 8 section (c)’’. 9 (e) DEFINITIONS.—Section 210(e) of the Water Re- 10 sources Development Act of 1986 (as so redesignated) is 11 amended— 12 (1) by striking paragraphs (6) through (9); 13 (2) by redesignating paragraphs (3) through 14 (5) as paragraphs (4) through (6), respectively; [Text truncated for display. 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