S 4137 — Water Resources Development Act of 2022

(a) Prohibition on admissions fees No entrance or admission fees shall be collected after March 31, 1970, by any officer or employee of the United States at public recreation areas located at lakes and reservoirs under the jurisdiction of the Corps of Engineers, United States Army. (b) Fees for use of developed recreation sites and facilities (1) Establishment and collection Subject to paragraphs (2) and (3), the Secretary of the Army may establish and collect fees for the use of developed recreation sites and facilities, including campsites, swimming beaches, and boat launching ramps but excluding a site or facility which includes only a boat launch ramp and a courtesy dock. (2) Exemption of certain facilities The Secretary shall not establish or collect fees under this subsection for the use or provision of drinking water, wayside exhibits, roads, scenic drives, overlook sites, picnic tables, toilet facilities, surface water areas, undeveloped or lightly developed shoreland, or general visitor information. (3) Per vehicle limit The fee under this subsection for use of a site or facility (other than an overnight camping site or facility or any other site or facility at which a fee is charged for use of the site or facility as of August 10, 1993) for persons entering the site or facility by private, noncommercial vehicle transporting not more than 8 persons (including the driver) shall not exceed $3 per day per vehicle, which amount may be adjusted annually by the Secretary for changes in the Consumer Price Index of All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (4) Use of funds The fees collected under this subsection shall be credited to the currently applicable appropriation, account, or fund of the Department of the Army as discretionary offsetting collections, and shall be available only to the extent provided in advance in appropriations Acts, for the operation and maintenance of recreation sites and facilities under the jurisdiction of the Secretary, subject to the condition that not less than 80 percent of fees collected at recreation areas of a specific water resources development project shall be used at such project.

(a) In general The personnel described in subsection (b) who are employed primarily on duty connected with non-military public works prosecuted under the direction of the Chief of Engineers, including river and harbor improvements, flood control, and other such works, shall, while so employed, be paid their pay and allowances from the appropriation for the works upon which they are employed. (b) Personnel described The personnel referred to in subsection (a) are the following: (1) Regular officers of the Corps of Engineers of the Army. (2) The following members of the Army who are assigned to the Corps of Engineers: (A) Reserve component officers. (B) Warrant officers (whether regular or reserve component). (C) Enlisted members (whether regular or reserve component).

(a) In general (1) In general There is hereby authorized a comprehensive program to provide for prevention, control, and progressive eradication of noxious aquatic plant growths and aquatic invasive species from the navigable waters, tributary streams, connecting channels, and other allied waters of the United States, in the combined interest of navigation, flood control, drainage, agriculture, fish and wildlife conservation, public health, and related purposes, including continued research for development of the most effective and economic control measures, to be administered by the Chief of Engineers, under the direction of the Secretary of the Army, in cooperation with other Federal and State agencies. (2) Local interests Local interests shall agree to hold and save the United States free from claims that may occur from control operations and to participate to the extent of 30 per centum of the cost of such operations. (3) Federal costs Costs for research and planning undertaken pursuant to the authorities of this section shall be borne fully by the Federal Government. (b) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section (except for subsections (f) and (g)) $130,000,000 for each fiscal year, of which— (A) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(i); (B) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(ii); (C) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(iii); (D) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(iv); and (E) $10,000,000 shall be made available to carry out subsection (d)(1)(A)(v). (2) Other programs (A) In general There are authorized to be appropriated— (i) $10,000,000 for each of fiscal years 2025 through 2029 to carry out subsection (f); and (ii) $75,000,000 for each of fiscal years 2021 through 2029 to carry out subsection (g)(2). (B) Invasive plant species pilot program There is authorized to be appropriated to the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, $10,000,000 to carry out subsection (g)(3). (3) Control operations Any funds made available under paragraph (1) or (2)(A) to be used for control operations shall be allocated by the Chief of Engineers on a priority basis, based on the urgency and need of each area and the availability of local funds. (c) Support In carrying out the program under this section, the Secretary is encouraged to use contracts, cooperative agreements, and grants with colleges and universities and other non-Federal entities. (d) Watercraft inspection and Decontamination stations (1) In general (A) Watercraft inspection and decontamination stations In carrying out this section, the Secretary shall establish (as applicable), operate, and maintain new or existing watercraft inspection and decontamination stations— (i) to protect the Columbia River Basin; (ii) to protect the Upper Missouri River Basin; (iii) to protect the Upper Colorado River Basin and the South Platte and Arkansas River Basins; (iv) to protect the Russian River Basin, California; and (v) to protect basins and watersheds that adjoin an international border between the United States and Canada. (B) Locations The Secretary shall place watercraft inspection and decontamination stations under subparagraph (A) at locations with the highest likelihood of preventing the spread of aquatic invasive species into and out of waters of the United States, as determined by the Secretary in consultation with the Governors and entities described in paragraph (3). (C) Rapid response The Secretary shall assist States within the areas described in subparagraph (A) with rapid response to any aquatic invasive species, including quagga or zebra mussel, infestation. (2) Cost share The non-Federal share of the cost of constructing, operating, and maintaining watercraft inspection and decontamination stations describe...

(a) Short title; Congressional declaration of intent (1) This section may be cited as the “Upper Mississippi River Management Act of 1986”. (2) To ensure the coordinated development and enhancement of the Upper Mississippi River system, it is hereby declared to be the intent of Congress to recognize that system as a nationally significant ecosystem and a nationally significant commercial navigation system. Congress further recognizes that the system provides a diversity of opportunities and experiences. The system shall be administered and regulated in recognition of its several purposes. (b) Definitions For purposes of this section— (1) the terms “Upper Mississippi River system” and “system” mean those river reaches having commercial navigation channels on the Mississippi River main stem north of Cairo, Illinois; the Minnesota River, Minnesota; Black River, Wisconsin; Saint Croix River, Minnesota and Wisconsin; Illinois River and Waterway, Illinois; and Kaskaskia River, Illinois; (2) the term “Master Plan” means the comprehensive master plan for the management of the Upper Mississippi River system, dated January 1, 1982, prepared by the Upper Mississippi River Basin Commission and submitted to Congress pursuant to Public Law 95–502; (3) the term “GREAT I, GREAT II, and GRRM studies” means the studies entitled “GREAT Environmental Action Team—GREAT I—A Study of the Upper Mississippi River”, dated September 1980, “GREAT River Environmental Action Team—GREAT II—A Study of the Upper Mississippi River”, dated December 1980, and “GREAT River Resource Management Study”, dated September 1982; and (4) the term “Upper Mississippi River Basin Association” means an association of the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, formed for the purposes of cooperative effort and united assistance in the comprehensive planning for the use, protection, growth, and development of the Upper Mississippi River System. (c) Congressional approval of Master Plan (1) Congress hereby approves the Master Plan as a guide for future water policy on the Upper Mississippi River system. Such approval shall not constitute authorization of any recommendation contained in the Master Plan. (2) Omitted. (d) Cooperative effort and mutual assistance among States (1) The consent of the Congress is hereby given to the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, or any two or more of such States, to enter into negotiations for agreements, not in conflict with any law of the United States, for cooperative effort and mutual assistance in the comprehensive planning for the use, protection, growth, and development of the Upper Mississippi River system, and to establish such agencies, joint or otherwise, or designate an existing multi-State entity, as they may deem desirable for making effective such agreements. To the extent required by Article I, section 10 of the Constitution, such agreements shall become final only after ratification by an Act of Congress. (2) The Secretary is authorized to enter into cooperative agreements with the Upper Mississippi River Basin Association or any other agency established under paragraph (1) of this subsection to promote and facilitate active State government participation in the river system management, development, and protection. (3) For the purpose of ensuring the coordinated planning and implementation of programs authorized in subsections (e) and (h)(2) of this section, the Secretary shall enter into an interagency agreement with the Secretary of the Interior to provide for the direct participation of, and transfer of funds to, the Fish and Wildlife Service and any other agency or bureau of the Department of the Interior for the planning, design, implementation, and evaluation of such programs. (4) The Upper Mississippi River Basin Association or any other agency established under paragraph (1) of this subsection is hereby designated by Congress as the caretaker of the master plan. Any chan...

(a) Emergency fund (1) There is authorized an emergency fund to be expended in preparation for emergency response to any natural disaster, in flood fighting and rescue operations, or in the repair or restoration of any flood control work threatened or destroyed by flood, including the strengthening, raising, extending, realigning, or other modification thereof as may be necessary in the discretion of the Chief of Engineers for the adequate functioning of the work for flood control and subject to the condition that the Chief of Engineers may include modifications to the structure or project, or in implementation of nonstructural alternatives to the repair or restoration of such flood control work if requested by the non-Federal sponsor; in the emergency protection of federally authorized hurricane or shore protection being threatened when in the discretion of the Chief of Engineers such protection is warranted to protect against imminent and substantial loss to life and property; in the repair and restoration of any federally authorized hurricane or shore protective structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to the pre-storm level of protection, to the design level of protection, or, notwithstanding the authorized dimensions of the structure or project, to a level sufficient to meet the authorized purpose of such structure or project, whichever provides greater protection, when, in the discretion of the Chief of Engineers, such repair and restoration is warranted for the adequate functioning of the structure or project for hurricane or shore protection, including to ensure the structure or project is functioning adequately to protect against projected changes in wave action or height or storm surge (including changes that result from relative sea level change over the useful life of the structure or project), subject to the condition that the Chief of Engineers may, if requested by the non-Federal sponsor, include modifications to the structure or project (including the addition of new project features) to address major deficiencies, increase resilience, increase benefits from the reduction of damages from inundation, wave action, or erosion, or implement nonstructural alternatives to the repair or restoration of the structure. The emergency fund may also be expended for emergency dredging for restoration of authorized project depths for Federal navigable channels and waterways made necessary by flood, drought, earthquake, or other natural disasters. In any case in which the Chief of Engineers is otherwise performing work under this section in an area for which the Governor of the affected State has requested a determination that an emergency exists or a declaration that a major disaster exists under the Disaster Relief and Emergency Assistance Act [42 U.S.C. 5121 et seq.], the Chief of Engineers is further authorized to perform on public and private lands and waters for a period of ten days following the Governor’s request any emergency work made necessary by such emergency or disaster which is essential for the preservation of life and property, including, but not limited to, channel clearance, emergency shore protection, clearance and removal of debris and wreckage endangering public health and safety, and temporary restoration of essential public facilities and services. The Chief of Engineers, in the exercise of his discretion, is further authorized to provide emergency supplies of clean water, on such terms as he determines to be advisable, to any locality which he finds is confronted with a source of contaminated water causing or likely to cause a substantial threat to the public health and welfare of the inhabitants of the locality. The appropriation of such moneys for the initial establishment of this fund and for its replenishment on an annual basis, is authorized: Provided, That pending the appropriation of sums to such emergency fund, the Secretary of...

The Secretary of the Army is authorized to allot from any appropriations heretofore or hereafter made for flood control, not to exceed $50,000,000 per year, for the construction, repair, restoration, and modification of emergency streambank and shoreline protection works to prevent damage to highways, bridge approaches, lighthouses (including those lighthouses with historical value), and public works, churches, hospitals, schools, and other nonprofit public services, when in the opinion of the Chief of Engineers such work is advisable: Provided, That not more than $15,000,000 shall be allotted for this purpose at any single locality from the appropriations for any one fiscal year, and if such amount is not sufficient to cover the costs included in the Federal cost share for a project, as determined by the Secretary, the non-Federal interest shall be responsible for any such costs that exceed such amount.

(a) Compilation and dissemination (1) In general In recognition of the increasing use and development of the flood plains of the rivers of the United States and of the need for information on flood hazards to serve as a guide to such development, and as a basis for avoiding future flood hazards by regulation of use by States and political subdivisions thereof, and to assure that Federal departments and agencies may take proper cognizance of flood hazards, the Secretary of the Army, through the Chief of Engineers, is hereby authorized to compile and disseminate information on floods and flood damages, including identification of areas subject to inundation by floods of various magnitudes and frequencies, identification of areas subject to floods due to accumulated snags and other debris, and general criteria for guidance of Federal and non-Federal interests and agencies in the use of flood plain areas; and to provide advice to other Federal agencies and local interests for their use in planning to ameliorate the flood hazard, to avoid repetitive flooding impacts, to anticipate, prepare, and adapt to changing climatic conditions and extreme weather events, and to withstand, respond to, and recover rapidly from disruption due to the flood hazards. (2) Surveys and guides Surveys and guides will be made for States and political subdivisions thereof only upon the request of a State or a political subdivision thereof, and upon approval by the Chief of Engineers, and such information and advice provided them only upon such request and approval. (3) Identification of assistance (A) In general To the maximum extent practicable, in providing assistance under this subsection, the Secretary shall identify and communicate to States and non-Federal interests specific opportunities to partner with the Corps of Engineers to address flood hazards. (B) Coordination The Secretary shall coordinate activities under this paragraph with activities described in section 1962d–16 of title 42. (b) Flood prevention coordination The Secretary shall coordinate with the Administrator of the Federal Emergency Management Agency and the heads of other Federal agencies to ensure that flood control projects and plans are complementary and integrated to the extent practicable and appropriate. (c) Fees The Secretary of the Army is authorized to establish and collect fees from Federal agencies and private persons for the purpose of recovering the cost of providing services pursuant to this section. Funds collected pursuant to this section shall be deposited into the account of the Treasury of the United States entitled “Contributions and Advances, Rivers and Harbor, Corps of Engineers (8862)” and shall be available until expended to carry out this section. No fees shall be collected from State, regional, or local governments or other non-Federal public agencies for services provided pursuant to this section, but the Secretary of the Army may accept funds voluntarily contributed by such entities for the purpose of expanding the scope of the services requested by the entities. (d) Institutions of higher education Notwithstanding section 4141 of title 10, in carrying out this section, the Secretary may work with an institution of higher education, as determined appropriate by the Secretary. (e) Fiscal year limitation on expenditures The Secretary of the Army is authorized to expend not to exceed $50,000,000 per fiscal year for the compilation and dissemination of information under this section.

(a) Construction 75 percent of the costs of construction— (1) of each project authorized by title III of this Act, (2) of the project authorized by section 652(j) of this title, and (3) allocated to inland navigation for the project authorized by section 844 of this Act, shall be paid only from amounts appropriated from the general fund of the Treasury. 25 percent of such costs shall be paid only from amounts appropriated from the Inland Waterways Trust Fund. For purposes of this subsection, the term “construction” shall include planning, designing, engineering, surveying, the acquisition of all lands, easements, and rights-of-way necessary for the project, including lands for disposal of dredged material, and relocations necessary for the project. (b) Operation and maintenance The Federal share of the cost of operation and maintenance of any project for navigation on the inland waterways is 100 percent. (c) Floodgates on the Inland Waterways (1) Operation and maintenance carried out by the Secretary Notwithstanding any other provision of law, the Secretary shall be responsible for the operation and maintenance, including repair, of any flood gate, as well as any pumping station constructed within the channel as a single unit with that flood gate, that— (A) was constructed as of June 10, 2014, as a feature of an authorized hurricane and storm damage reduction project; and (B) crosses an inland or intracoastal waterway described in section 1804 of this title. (2) Non-Federal cost share The non-Federal share of the cost of operation, maintenance, repair, rehabilitation, and replacement of any structure under this subsection shall be 35 percent. (d) Authorizations from general fund Any Federal responsibility— (1) with respect to a project authorized by title III or section 652(j) of this title, or (2) with respect to the portion of the project authorized by section 844 allocated to inland navigation, which responsibility is not provided for in subsection (a) of this section shall be paid only from amounts appropriated from the general fund of the Treasury.

(a) Flood control (1) General rule The non-Federal interests for a project with costs assigned to flood control (other than a nonstructural project) shall— (A) pay 5 percent of the cost of the project assigned to flood control during construction of the project; (B) provide all lands, easements, rights-of-way, and dredged material disposal areas required only for flood control and perform all related necessary relocations; and (C) provide that portion of the joint costs of lands, easements, rights-of-way, dredged material disposal areas, and relocations which is assigned to flood control. (2) 35 percent minimum contribution If the value of the contributions required under paragraph (1) of this subsection is less than 35 percent of the cost of the project assigned to flood control, the non-Federal interest shall pay during construction of the project such additional amounts as are necessary so that the total contribution of the non-Federal interests under this subsection is equal to 35 percent of the cost of the project assigned to flood control. (3) 50 percent maximum The non-Federal share under paragraph (1) shall not exceed 50 percent of the cost of the project assigned to flood control. The preceding sentence does not modify the requirement of paragraph (1)(A) of this subsection. (4) Deferred payment of amount exceeding 30 percent If the total amount of the contribution required under paragraph (1) of this subsection exceeds 30 percent of the cost of the project assigned to flood control, the non-Federal interests may pay the amount of the excess to the Secretary over a 15-year period (or such shorter period as may be agreed to by the Secretary and the non-Federal interests) beginning on the date construction of the project or separable element is completed, at an interest rate determined pursuant to section 2216 of this title. The preceding sentence does not modify the requirement of paragraph (1)(A) of this subsection. (b) Projects using nonstructural, natural, or nature-based features (1) In general The non-Federal share of the cost of a flood risk management or hurricane and storm damage risk reduction measure using a nonstructural feature, or a natural feature or nature-based feature (as those terms are defined in section 2289a(a) of this title), shall be 35 percent of the cost of such measures. The non-Federal interests for any such measures shall be required to provide all lands, easements, rights-of-way, dredged material disposal areas, and relocations necessary for the project, but shall not be required to contribute any amount in cash during construction for a nonstructural feature if the costs of land, easements, rights-of-way, dredged material disposal areas, and relocations for such feature are estimated to exceed 35 percent. (2) Non-Federal contribution in excess of 35 percent At any time during construction of a project, if the Secretary determines that the costs of land, easements, rights-of-way, dredged material disposal areas, and relocations for the project, in combination with other costs contributed by the non-Federal interests, will exceed 35 percent, any additional costs for the project (not to exceed 65 percent of the total costs of the project) shall be a Federal responsibility and shall be contributed during construction as part of the Federal share. (c) Other purposes The non-Federal share of the cost assigned to other project purposes shall be as follows: (1) hydroelectric power: 100 percent, except that the marketing of such power and the recovery of costs of constructing, operating, maintaining, and rehabilitating such projects shall be in accordance with existing law: Provided, That after November 17, 1986, the Secretary shall not submit to Congress any proposal for the authorization of any water resources project that has a hydroelectric power component unless such proposal contains the comments of the appropriate Power Marketing Administrator designated pursuant to section 7152 of title 4...

(a) In general In the case of a flood risk management or coastal storm risk management project in a region of moderate or high seismic hazard, for the purpose of a benefit-cost analysis for the project, the Secretary shall not include in that analysis any additional design and construction costs resulting from addressing seismic concerns. (b) Savings provision Except with respect to the benefit-cost analysis, the additional costs referred to in subsection (a) shall be— (1) included in the total project cost; and (2) subject to cost-share requirements otherwise applicable to the project.

The non-Federal interest for a water resources development study or project, including a study or project under a continuing authority program (as defined in section 2282d(c)(1)(D) of this title) and a study or project under an environmental infrastructure assistance program, may use, and the Secretary shall accept, funds provided by a Federal agency under any other Federal program, to satisfy, in whole or in part, the non-Federal share of the cost of the study or project if— (1) the statutory authority for the funds provided by the Federal agency does not expressly prohibit use of the funds for a study or project of the Corps of Engineers; and (2) the Federal agency that provides the funds determines that the study or project activities for which the funds will be used are otherwise eligible for funding under such statutory authority.

(a) Application of credit (1) In general Subject to subsection (b), the Secretary may apply credit for in-kind contributions provided by a non-Federal interest that are in excess of the required non-Federal cost share for a water resources development study or project toward the required non-Federal cost share for a different water resources development study or project. (2) Application prior to completion of project On request of a non-Federal interest, the credit described in paragraph (1) may be applied prior to completion of a study or project, if the credit amount is verified by the Secretary. (3) Studies and projects with multiple non-Federal interests A credit described in paragraph (1) for a study or project with multiple non-Federal interests may be applied to the required non-Federal cost share for a study or project of any such non-Federal interest, if each such non-Federal interest agrees in writing to such application. (b) Restrictions (1) In general Except for subsection (a)(4)(D)(i) of that section, the requirements of section 1962d–5b of title 42 (as amended by section 1018(a)) shall apply to any credit under this section. (2) Conditions Credit in excess of the non-Federal share for a study or project may be approved under this section only if— (A) the non-Federal interest submits a comprehensive plan to the Secretary that identifies— (i) the studies and projects for which the non-Federal interest intends to provide in-kind contributions for credit that are in excess of the non-Federal cost share for the study or project; and (ii) the authorized studies and projects to which that excess credit would be applied; (B) the Secretary approves the comprehensive plan; and (C) the total amount of credit does not exceed the total non-Federal share for the studies and projects in the approved comprehensive plan. (3) Conditional approval of excess credit Notwithstanding paragraph (2)(A)(ii), the Secretary may approve credit in excess of the non-Federal share for a study or project prior to the identification of each authorized study or project to which the excess credit will be applied, subject to the condition that the non-Federal interest agrees to submit for approval by the Secretary an amendment to the comprehensive plan prepared under paragraph (2) that identifies each authorized study or project in advance of execution of the feasibility cost-sharing agreement or project partnership agreement for that authorized study or project. (c) Additional criteria In evaluating a request to apply credit in excess of the non-Federal share for a study or project toward a different study or project, the Secretary shall consider whether applying that credit will— (1) help to expedite the completion of a project or group of projects; (2) reduce costs to the Federal Government; and (3) aid the completion of a project that provides significant flood risk reduction or environmental benefits. (d) Termination of authority The authority provided in this section shall terminate on December 31, 2030. (e) Report (1) Deadlines (A) In general Not later than 2 years after June 10, 2014, and once every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available an interim report on the use of the authority under this section. (B) Final report Not later than December 31, 2030, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a final report on the use of the authority under this section. (2) Inclusions The reports described in paragraph (1) shall include— (A) a description of the use of the authority under this section during the reporting period; (B) an assessment of the impact of the authority under this section on the time re...

(a) Requests for credits With respect to an authorized flood damage reduction project, or separable element thereof, that has been constructed by a non-Federal interest under section 701b–13 1 of this title, or an authorized coastal navigation project that has been constructed by the Corps of Engineers pursuant to section 561 of this title before October 23, 2018, the Secretary may provide to the non-Federal interest, at the request of the non-Federal interest, a credit in an amount equal to the estimated Federal share of the cost of the project or separable element, in lieu of providing to the non-Federal interest a reimbursement in that amount or reimbursement of funds of an equivalent amount, subject to the availability of appropriations. (b) Application of credits At the request of the non-Federal interest, the Secretary may apply all or a portion of such credit to the share of the cost of the non-Federal interest of carrying out other flood damage reduction and coastal navigation projects or studies. (c) Application of reimbursement At the request of the non-Federal interest, the Secretary may apply such funds, subject to the availability of appropriations, equal to the share of the cost of the non-Federal interest of carrying out other flood damage reduction and coastal navigation projects or studies.

(a) In general Subject to subsection (b), the Secretary may carry out an authorized water resources development project on Federal land that is under the administrative jurisdiction of another Federal agency where the cost of the acquisition of such Federal land has been paid for by the non-Federal interest for the project. (b) MOU required The Secretary may carry out a project pursuant to subsection (a) only after the non-Federal interest has entered into a memorandum of understanding with the Federal agency that includes such terms and conditions as the Secretary determines to be necessary. (c) Applicability Nothing in this section alters any non-Federal cost-sharing requirements for the project.

(a) Definitions In this section: (1) Indian tribe The terms “Indian tribe” and “Indian Tribe” have the meanings given the terms “Indian tribe” has the meaning given the term 1 in section 5304 of title 25. (2) Inter-tribal consortium The term “inter-tribal consortium” has the meaning given the term in section 3202 of title 25. (3) Tribal organization The term “Tribal organization” has the meaning given the term in section 5304 of title 25. (b) Program (1) In general In cooperation with Indian tribes, inter-tribal consortiums, Tribal organizations, and the heads of other Federal agencies, the Secretary may carry out water-related planning activities, or activities relating to the study, design, and construction of water resources development projects, that— (A) will substantially benefit Indian tribes, inter-tribal consortiums, or Tribal organizations; and (B) are located primarily within Indian country (as defined in section 1151 of title 18, and including lands that are within the jurisdictional area of an Oklahoma Indian tribe, as determined by the Secretary of the Interior, and are recognized by the Secretary of the Interior as eligible for trust land status under part 151 of title 25, Code of Federal Regulations) or in proximity to Alaska Native villages. (2) Authorized activities An activity conducted under paragraph (1) may address— (A) projects for flood or hurricane and storm damage reduction, including erosion control and stormwater management (including management of stormwater that flows at a rate of less than 800 cubic feet per second for the 10-percent flood), environmental restoration and protection, and preservation of cultural and natural resources; (B) watershed assessments and planning activities; (C) technical assistance to an Indian Tribe, an inter-tribal consortium, or a Tribal organization, including— (i) assistance for planning to ameliorate flood hazards, to avoid repetitive flood impacts, to anticipate, prepare, and adapt to changing hydrological and climatic conditions and extreme weather events, and to withstand, respond to, and recover rapidly from disruption due to flood hazards; and (ii) the provision of, and integration into planning of, hydrologic, economic, and environmental data and analyses; (D) projects that improve emergency response capabilities and provide increased access to infrastructure that may be utilized in the event of a severe weather event or other natural disaster; and (E) such other projects as the Secretary, in cooperation with Indian Tribes, inter-tribal consortiums, Tribal organizations, and the heads of other Federal agencies, determines to be appropriate. (3) Feasibility study and reports (A) In general On the request of an Indian tribe, an inter-tribal consortium, or a Tribal organization, the Secretary shall conduct a study on, and provide to the Indian tribe, inter-tribal consortium, or Tribal organization a report describing, the feasibility of a water resources development project described in paragraph (1). (B) Recommendation A report under subparagraph (A) may, but shall not be required to, contain a recommendation on a specific water resources development project. (C) Initial costs The first $200,000 of the costs of a study under this section shall be at Federal expense. (4) Design and construction (A) In general The Secretary may carry out the design and construction of a water resources development project, or separable element of a project, described in paragraph (1) that the Secretary determines is feasible if the Federal share of the cost of the project or separable element is not more than $28,500,000. (B) Specific authorization If the Federal share of the cost of the project or separable element described in subparagraph (A) is more than $26,000,000, the Secretary may only carry out the project or separable element if Congress enacts a law authorizing the Secretary to carry out the project or separable element. (5) Project justification Notwithstanding an...

(a) In general The Secretary shall waive local cost-sharing requirements up to $200,000 for all studies and projects— (1) in American Samoa, Guam, the Northern Mariana Islands, the Virgin Islands, Puerto Rico, and the Trust Territory of the Pacific Islands; (2) for any Indian tribe or tribal organization (as those terms are defined in section 5304 of title 25); and (3) for any organization that— (A) is composed primarily of people who are— (i) recognized and defined under Federal law as indigenous people of the United States; and (ii) from a specific community; and (B) assists in the social, cultural, and educational development of such people in that community. (b) Inflation adjustment The Secretary shall adjust the dollar amount specified in subsection (a) on an annual basis for inflation. (c) Inclusion For purposes of this section, the term “study” includes a watershed assessment. (d) Application The Secretary shall apply the waiver amount described in subsection (a) to reduce only the non-Federal share of study and project costs.

(a) In general The Secretary is authorized to carry out basic, applied, and advanced research activities as required to aid in the planning, design, construction, operation, and maintenance of water resources development projects and to support the missions and authorities of the Corps of Engineers. (b) Testing and application In carrying out subsection (a), the Secretary is authorized to test and apply technology, tools, techniques, and materials developed pursuant to such subsection, including the testing and application of such technology, tools, techniques, and materials at authorized water resources development projects, in consultation with the non-Federal interests for such projects. (c) Other transactional authority for prototype projects (1) In general In carrying out subsection (b), the Secretary is authorized to enter into transactions (other than contracts, cooperative agreements, or grants) to carry out prototype projects to support basic, applied, and advanced research activities that are directly relevant to the civil works missions and authorities of the Corps of Engineers. (2) Follow-on production transactions A transaction entered into under paragraph (1) for a prototype project may provide for the award of a follow-on production contract or transaction to the participants in the transaction in accordance with the requirements of section 4022 of title 10. (3) Guidance Prior to entering into the first transaction under this subsection, the Secretary shall issue guidance for entering into transactions under this subsection (including guidance for follow-on production contracts or transactions under paragraph (2)). (4) Conditions In carrying out this subsection, the Secretary shall ensure that— (A) competitive procedures are used to the maximum extent practicable to award each transaction; and (B) at least one of the following conditions is met with respect to each transaction: (i) The prototype project includes significant participation by at least one nonprofit research institution or nontraditional defense contractor, as that term is defined in section 3014 of title 10. (ii) All significant participants in the transaction other than the Federal Government are small business concerns, as that term is used in section 632 of title 15 (including such concerns participating in a program described in section 638 of title 15). (iii) At least one-third of the total cost of the prototype project is to be paid out of funds provided by sources other than the Federal Government. (iv) The Head of the Contracting Activity for the Corps of Engineers submits to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a notification that exceptional circumstances justify the use of a transaction that provides for innovative business arrangements or structures that would not be feasible or appropriate under a contract, cooperative agreement, or grant. (5) Notification Not later than 30 days before the Secretary enters into a transaction under paragraph (1), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of— (A) the dollar amount of the transaction; (B) the entity carrying out the prototype project that is the subject of the transaction; (C) the justification for the transaction; and (D) as applicable, the water resources development project where the prototype project will be carried out. (6) Report Not later than 4 years after December 23, 2022, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the use of the authority under this subsection. (7) Comptroller General access to information (A) Examination of records Each transaction entered into under this subsection s...

(a) Policy Congress declares that it is the policy of the United States that— (1) the development of non-Federal hydroelectric power at Corps of Engineers water resources development projects, including locks and dams, shall be given priority; (2) Corps of Engineers approval of non-Federal hydroelectric power at Corps of Engineers water resources development projects, including permitting required under section 408 of this title, shall be completed by the Corps of Engineers in a timely and consistent manner; and (3) approval of hydropower at Corps of Engineers water resources development projects shall in no way diminish the other priorities and missions of the Corps of Engineers, including authorized project purposes and habitat and environmental protection. (b) Implementation of policy The Secretary shall— (1) ensure that the policy described in subsection (a) is implemented nationwide in an efficient, consistent, and coordinated manner; and (2) assess opportunities— (A) to increase the development of hydroelectric power at existing water resources development projects of the Corps of Engineers with hydroelectric facilities; and (B) to develop new hydroelectric power at existing nonpowered water resources development projects of the Corps of Engineers. (c) Report Not later than 2 years after June 10, 2014, and biennially thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that, at a minimum, shall include— (1) a description of initiatives carried out by the Secretary to encourage the development of hydroelectric power by non-Federal entities at Corps of Engineers water resources development projects and to meet the requirements of subsection (b); (2) a list of all new hydroelectric power activities by non-Federal entities approved at Corps of Engineers water resources development projects in that fiscal year, including the length of time the Secretary needed to approve those activities; (3) a description of the status of each pending application from non-Federal entities for approval to develop hydroelectric power at Corps of Engineers water resources development projects; (4) a description of any benefits or impacts to the environment, recreation, or other uses associated with Corps of Engineers water resources development projects at which non-Federal entities have developed hydroelectric power in the previous fiscal year; and (5) the total annual amount of payments or other services provided to the Corps of Engineers, the Treasury, and any other Federal agency as a result of approved non-Federal hydropower projects at Corps of Engineers water resources development projects. (d) Reviewing hydropower at Corps of Engineers facilities (1) Definition of eligible non-Federal interest In this subsection, the term “eligible non-Federal interest” means a non-Federal interest that owns or operates an existing non-Federal hydropower facility at a Corps of Engineers water resources development project. (2) Evaluation (A) In general On the written request of an eligible non-Federal interest, the Secretary shall conduct an evaluation to consider operational changes at the applicable project to facilitate production of non-Federal hydropower, consistent with authorized project purposes. The Secretary shall solicit input from interested stakeholders as part of the evaluation. (B) Deadline Not later than 180 days after the date on which the Secretary receives a written request under subparagraph (A), the Secretary shall provide to the non-Federal interest a written response to inform the non-Federal interest— (i) that the Secretary has approved the request to conduct an evaluation; or (ii) of any additional information necessary for the Secretary to approve the request to conduct an evaluation. (3) Operational changes An operational change referred to in paragraph ...

(a) Definitions In this section: (1) Eligible pump station The term “eligible pump station” means a pump station— (A) that is a feature of— (i) a federally authorized flood or coastal storm risk management project; or (ii) an integrated flood risk reduction system that includes a federally authorized flood or coastal storm risk management project; and (B) the failure of which the Secretary has determined would demonstrably impact the function of the federally authorized flood or coastal storm risk management project. (2) Rehabilitation (A) In general The term “rehabilitation”, with respect to an eligible pump station, means to address a major deficiency of the eligible pump station caused by long-term degradation of the foundation, construction materials, or engineering systems or components of the eligible pump station. (B) Inclusions The term “rehabilitation”, with respect to an eligible pump station, includes— (i) the incorporation into the eligible pump station of— (I) current design standards; (II) efficiency improvements; and (III) associated drainage; and (ii) increasing the capacity of the eligible pump station, subject to the condition that the increase shall— (I) significantly decrease the risk of loss of life and property damage; or (II) decrease total lifecycle rehabilitation costs for the eligible pump station. (b) Authorization The Secretary may carry out rehabilitation of an eligible pump station, if the Secretary determines that— (1) the eligible pump station has a major deficiency; and (2) the rehabilitation is feasible. (c) Cost sharing The non-Federal interest for the eligible pump station shall— (1) provide 35 percent of the cost of rehabilitation of an eligible pump station carried out under this section; and (2) provide all land, easements, rights-of-way, and necessary relocations associated with the rehabilitation described in subparagraph (A), at no cost to the Federal Government. (d) Agreement required The rehabilitation of an eligible pump station pursuant to this section shall be initiated only after a non-Federal interest has entered into a binding agreement with the Secretary— (1) to pay the non-Federal share of the costs of rehabilitation under subsection (c); and (2) to pay 100 percent of the operation and maintenance costs of the rehabilitated eligible pump station, in accordance with regulations promulgated by the Secretary. (e) Treatment The rehabilitation of an eligible pump station pursuant to this section shall not be considered to be a separable element of the associated flood risk management project constructed by the Corps of Engineers. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $60,000,000, to remain available until expended. (g) Prioritization To the maximum extent practicable, the Secretary shall prioritize the rehabilitation of eligible pump stations under this section that benefit economically disadvantaged communities, as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note), including economically disadvantaged communities located in urban and rural areas.

(a) In general The Secretary may carry out studies and projects to— (1) reduce flood and hurricane and storm damage hazards; or (2) restore the natural functions and values of rivers and shorelines throughout the United States. (b) Studies and projects (1) Authority (A) Studies In carrying out subsection (a), the Secretary may carry out studies to identify appropriate measures for— (i) the reduction of flood and hurricane and storm damage hazards, including measures for erosion mitigation and bank stabilization; or (ii) the conservation and restoration of the natural functions and values of rivers and shorelines. (B) Projects Subject to subsection (f)(2), in carrying out subsection (a), the Secretary may design and implement projects described in subsection (a). (2) Consultation and coordination The studies and projects carried out under this section shall be conducted, to the maximum extent practicable, in consultation and coordination with the Federal Emergency Management Agency and other appropriate Federal agencies, and in consultation and coordination with appropriate State and local agencies and tribes. (3) Nonstructural approaches The studies and projects shall emphasize, to the maximum extent practicable and appropriate, nonstructural approaches to preventing or reducing flood and hurricane and storm damages, including the use of natural features or nature-based features. (4) Participation The studies and projects shall be conducted, to the maximum extent practicable, in cooperation with State and local agencies and tribes to ensure the coordination of local flood and hurricane and storm damage reduction or riverine, shoreline, and wetland restoration studies with projects that conserve, restore, and manage hydrologic and hydraulic regimes and restore the natural functions and values of floodplains and coastal barriers. (c) Cost-sharing requirements (1) Studies Studies conducted under this section shall be subject to cost sharing in accordance with section 2215 of this title, except that the first $200,000 of the costs of a study conducted under this section shall be at Federal expense. (2) Environmental restoration and nonstructural projects (A) In general Design and construction of a project under this section that includes a nonstructural measure, a natural feature or nature-based feature, or an environmental restoration measure, shall be subject to cost sharing in accordance with section 2213 of this title, except that the non-Federal share of the cost to design and construct such a project benefitting an economically disadvantaged community (including economically disadvantaged communities located in urban and rural areas) shall be 10 percent. (B) Items provided by non-Federal interests The non-Federal interests shall provide all land, easements, rights-of-way, dredged material disposal areas, and relocations necessary for such projects. (C) Credit The value of such land, easements, rights-of-way, dredged material disposal areas, and relocations shall be credited toward the payment required under this paragraph. (3) Structural flood control or hurricane and storm damage reduction projects Any structural flood control or hurricane and storm damage reduction projects carried out under this section shall be subject to cost sharing in accordance with section 2213 of this title, except that the non-Federal share of the cost to design and construct such a project benefitting an economically disadvantaged community (including economically disadvantaged communities located in urban and rural areas) shall be 10 percent. (4) Operation and maintenance The non-Federal interests shall be responsible for all costs associated with operating, maintaining, replacing, repairing, and rehabilitating all projects carried out under this section. (d) Project justification Notwithstanding any requirement for economic justification established under section 1962–2 of title 42, the Secretary may implement a project under this section if...

(a) In general The Secretary may provide technical, planning, and design assistance to Federal and non-Federal interests for carrying out projects to address water quality problems caused by drainage and related activities from abandoned and inactive noncoal mines. (b) Specific measures Assistance provided under subsection (a) may be in support of projects for the purposes of— (1) managing drainage from abandoned and inactive noncoal mines; (2) restoring and protecting streams, rivers, wetlands, other waterbodies, and riparian areas degraded by drainage from abandoned and inactive noncoal mines; and (3) demonstrating management practices and innovative and alternative treatment technologies to minimize or eliminate adverse environmental effects associated with drainage from abandoned and inactive noncoal mines. (c) Non-Federal share The non-Federal share of the cost of assistance under subsection (a) shall be 50 percent, except that the Federal share with respect to projects located on land owned by the United States, on land held in trust by the Secretary of the Interior on behalf of, and for the benefit of, an Indian Tribe, or on restricted land of any Indian Tribe, shall be 100 percent. (d) Effect on authority of Secretary of the Interior Nothing in this section affects the authority of the Secretary of the Interior under title IV of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.). (e) Technology database for reclamation of abandoned mines The Secretary may provide assistance to non-Federal and nonprofit entities to develop, manage, and maintain a database of conventional and innovative, cost-effective technologies for reclamation of abandoned and inactive noncoal mine sites. Such assistance shall be provided through the Restoration of Abandoned Mine Sites Program managed by the Albuquerque District Office of the Corps of Engineers. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000.

(a) Funding to process permits (1) Definitions In this subsection: (A) Natural gas company The term “natural gas company” has the meaning given the term in section 16451 of title 42, except that the term also includes a person engaged in the transportation of natural gas in intrastate commerce. (B) Public-utility company The term “public-utility company” has the meaning given the term in section 16451 of title 42. (C) Railroad carrier The term “railroad carrier” has the meaning given the term in section 20102 of title 49. (D) Indian Tribe The term “Indian Tribe” means— (i) an Indian Tribe, as such term is defined in section 5304 of title 25; and (ii) any entity formed under the authority of one or more Indian Tribes, as so defined. (2) Permit processing (A) In general The Secretary, after public notice, may accept and expend funds contributed by a non-Federal public entity or a public-utility company, Indian Tribe, natural gas company, or railroad carrier to expedite the evaluation of a permit of that entity, company, or carrier related to a project or activity for a public purpose under the jurisdiction of the Department of the Army, including an aquatic ecosystem restoration project. (B) Mitigation bank instrument processing An activity carried out by the Secretary to expedite evaluation of a permit described in subparagraph (A) may include the evaluation of an instrument for a mitigation bank if— (i) the non-Federal public entity, public-utility company, Indian Tribe, natural gas company, or railroad carrier applying for the permit described in that subparagraph is the sponsor of the mitigation bank; and (ii) expediting evaluation of the instrument is necessary to expedite evaluation of the permit described in that subparagraph. (3) Effect on other entities To the maximum extent practicable, the Secretary shall ensure that expediting the evaluation of a permit through the use of funds accepted and expended under this section does not adversely affect the timeline for evaluation (in the Corps district in which the project or activity is located) of permits under the jurisdiction of the Department of the Army of other entities that have not contributed funds under this section. (b) Effect on permitting (1) In general In carrying out this section, the Secretary shall ensure that the use of funds accepted under subsection (a) will not impact impartial decisionmaking with respect to permits, either substantively or procedurally. (2) Impartial decisionmaking In carrying out this section, the Secretary shall ensure that the evaluation of permits carried out using funds accepted under this section shall— (A) be reviewed by— (i) the District Commander, or the Commander’s designee, of the Corps District in which the project or activity is located; or (ii) the Commander of the Corps Division in which the District is located if the evaluation of the permit is initially conducted by the District Commander; and (B) utilize the same procedures for decisions that would otherwise be required for the evaluation of permits for similar projects or activities not carried out using funds authorized under this section. (c) Limitation on use of funds None of the funds accepted under this section shall be used to carry out a review of the evaluation of permits required under subsection (b)(2)(A). (d) Public availability (1) In general The Secretary shall ensure that all final permit decisions carried out using funds authorized under this section are made available to the public in a common format, including on the Internet, and in a manner that distinguishes final permit decisions under this section from other final actions of the Secretary. (2) Decision document The Secretary shall— (A) use a standard decision document for evaluating all permits using funds accepted under this section; and (B) make the standard decision document, along with all final permit decisions, available to the public, including on the Internet. (3) Agreements The Secret...

In this chapter, the following definitions apply: (1) Administrator The term “Administrator” means the Administrator of the Federal Emergency Management Agency. (2) Canal structure (A) In general The term “canal structure” means an embankment, wall, or structure along a canal or manmade watercourse that— (i) constrains water flows; (ii) is subject to frequent water loading; and (iii) is an integral part of a flood risk reduction system that protects the leveed area from flood waters associated with hurricanes, precipitation events, seasonal high water, and other weather-related events. (B) Exclusion The term “canal structure” does not include a barrier across a watercourse. (3) Committee The term “committee” means the Committee on Levee Safety established by section 3302(a) of this title. (4) Floodplain management The term “floodplain management” means the operation of a community program of corrective and preventative measures for reducing flood damage. (5) Indian tribe The term “Indian tribe” has the meaning given the term in section 5304 of title 25. (6) Inspection The term “inspection” means an actual inspection of a levee— (A) to establish the global information system location of the levee; (B) to determine the general condition of the levee; and (C) to estimate the number of structures and population at risk and protected by the levee that would be adversely impacted if the levee fails or water levels exceed the height of the levee. (7) Levee (A) In general The term “levee” means a manmade barrier (such as an embankment, floodwall, or other structure)— (i) the primary purpose of which is to provide hurricane, storm, or flood protection relating to seasonal high water, storm surges, precipitation, or other weather events; and (ii) that is normally subject to water loading for only a few days or weeks during a calendar year. (B) Inclusions The term “levee” includes a levee system, including— (i) levees and canal structures that— (I) constrain water flows; (II) are subject to more frequent water loading; and (III) do not constitute a barrier across a watercourse; and (ii) roadway and railroad embankments, but only to the extent that the embankments are integral to the performance of a flood damage reduction system. (C) Exclusions The term “levee” does not include— (i) a roadway or railroad embankment that is not integral to the performance of a flood damage reduction system; (ii) a canal constructed completely within natural ground without any manmade structure (such as an embankment or retaining wall to retain water or a case in which water is retained only by natural ground); (iii) a canal regulated by a Federal or State agency in a manner that ensures that applicable Federal safety criteria are met; (iv) a levee or canal structure— (I) that is not a part of a Federal flood damage reduction system; (II) that is not recognized under the National Flood Insurance Program as providing protection from the 1-percent-annual-chance or greater flood; (III) that is not greater than 3 feet high; (IV) the population in the leveed area of which is less than 50 individuals; and (V) the leveed area of which is less than 1,000 acres; or (v) any shoreline protection or river bank protection system (such as revetments or barrier islands). (8) Levee feature The term “levee feature” means a structure that is critical to the functioning of a levee, including— (A) an embankment section; (B) a floodwall section; (C) a closure structure; (D) a pumping station; (E) an interior drainage work; and (F) a flood damage reduction channel. (9) Levee system The term “levee system” means 1 or more levee segments, including all levee features that are interconnected and necessary to ensure protection of the associated leveed areas— (A) that collectively provide flood damage reduction to a defined area; and (B) the failure of 1 of which may result in the failure of the entire system. (10) National levee database The term “national levee database” means ...

(a) Establishment The Secretary, in consultation with the Administrator, shall carry out a levee safety initiative. (b) Management The Secretary shall appoint— (1) an administrator of the levee safety initiative; and (2) such staff as are necessary to implement the initiative. (c) Levee safety guidelines (1) Establishment Not later than 1 year after December 16, 2016, the Secretary, in consultation with the Administrator and in coordination with State, regional, local, and tribal governments and organizations with expertise in levee safety, shall establish a set of voluntary, comprehensive, national levee safety guidelines that— (A) are available for common, uniform use by all Federal, State, regional, local, and tribal agencies; (B) incorporate policies, procedures, standards, and criteria for a range of levee types, canal structures, and related facilities and features; and (C) provide for adaptation to local, regional, or watershed conditions. (2) Requirement The policies, procedures, standards, and criteria under paragraph (1)(B) shall be developed taking into consideration the levee hazard potential classification system established under subsection (d). (3) Incorporation The guidelines shall address, to the maximum extent practicable— (A) the activities and practices carried out by State, regional, local, and tribal governments and the private sector to safely build, regulate, operate, and maintain levees; and (B) Federal activities that facilitate State, regional, or tribal efforts to develop and implement effective State, regional, or tribal programs for the safety of levees, including levee inspection, levee rehabilitation, locally developed floodplain management, and public education and training programs. (4) Consideration by Federal agencies To the maximum extent practicable, all Federal agencies shall consider the levee safety guidelines in carrying out activities relating to the management of levees. (5) Public comment Prior to finalizing the guidelines under this subsection, the Secretary shall— (A) issue draft guidelines for public comment, including comment by States, regional districts, Indian tribes, non-Federal interests, and other appropriate stakeholders; and (B) consider any comments received in the development of final guidelines. (d) Hazard potential classification system (1) Establishment The Secretary shall establish a hazard potential classification system for use under the levee safety initiative and participating programs. (2) Revision The Secretary shall review and, as necessary, revise the hazard potential classification system not less frequently than once every 5 years. (3) Consistency The hazard potential classification system established pursuant to this subsection shall be consistent with and incorporated into the levee safety action classification tool developed by the Corps of Engineers. (e) Technical assistance and materials (1) Establishment The Secretary, in consultation with the Administrator, shall provide technical assistance and training to promote levee safety and assist States, regional districts, Indian tribes, communities, and levee owners in— (A) developing levee safety programs; (B) identifying and reducing flood risks associated with levees; (C) identifying local actions that may be carried out to reduce flood risks in leveed areas; and (D) rehabilitating, improving, replacing, reconfiguring, modifying, and removing levees and levee systems. (2) Eligibility To be eligible to receive technical assistance under this subsection, a State shall— (A) be in the process of establishing or have in effect a State levee safety program under which a State levee safety agency, in accordance with State law, carries out the guidelines established under subsection (c)(1); and (B) allocate sufficient funds in the budget of that State to carry out that State levee safety program. (3) Work plans The Secretary shall enter into an agreement with each State receiving technical assistance under...

(a) Federal State cooperation (1) Comprehensive plans The Secretary of the Army, acting through the Chief of Engineers, is authorized to cooperate with any State, group of States, non-Federal interest working with a State or group of States, local government, or regional coalition of governmental entities in the preparation of comprehensive plans for the development, utilization, and conservation of the water and related resources of drainage basins, watersheds, or ecosystems located within the boundaries of such State, interest, local government, or entity, including plans to comprehensively address water resources challenges, and to submit to Congress reports and recommendations with respect to appropriate Federal participation in carrying out such plans. (2) Technical assistance (A) In general At the request of a governmental agency or non-Federal interest, the Secretary may provide technical assistance to such agency or non-Federal interest in managing water resources. (B) Types of assistance Technical assistance under this paragraph may include provision and integration of hydrologic, economic, and environmental data and analyses and title research for abandoned structures. (3) Institution of higher education Notwithstanding section 4141 of title 10, in carrying out this subsection, the Secretary may work with an institution of higher education, as determined appropriate by the Secretary. (4) Prioritization To the maximum extent practicable, the Secretary shall prioritize the provision of assistance under this subsection to address both inland and coastal life safety risks. (b) Fees (1) Establishment and collection For the purpose of recovering 50 percent of the total cost of providing assistance pursuant to subsection (a), the Secretary of the Army is authorized to establish appropriate fees, as determined by the Secretary, and to collect such fees from States and other non-Federal public bodies to whom assistance is provided under subsection (a). (2) Contributed funds The Secretary may accept and expend funds in excess of the fees established under paragraph (1) that are provided by a State or other non-Federal interest for assistance under this section. (3) In-kind services The non-Federal contribution for preparation of a plan subject to the cost sharing program under this subsection may be made by the provision of services, materials, supplies, or other in-kind services necessary to prepare the plan. (4) Deposit and use Fees collected under this subsection shall be deposited into the account in the Treasury of the United States entitled, “Contributions and Advances, Rivers and Harbors, Corps of Engineers (8862)” and shall be available until expended to carry out this section. (c) Authorization of appropriations (1) Federal and State cooperation There is authorized to be appropriated not to exceed $30,000,000 annually to carry out subsection (a)(1), except that not more than $5,000,000 in Federal funds shall be expended in any one year in any one State. The Secretary may allow 2 or more States to combine all or a portion of the funds that the Secretary makes available to the States in carrying out subsection (a)(1). (2) Technical assistance There is authorized to be appropriated $30,000,000 annually to carry out subsection (a)(2), of which not more than $2,000,000 annually may be used by the Secretary to enter into cooperative agreements with nonprofit organizations to provide assistance to rural and small communities. (d) Annual submission of proposed activities Concurrent with the President’s submission to Congress of the President’s request for appropriations for the Civil Works Program for a fiscal year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the individual activities proposed for funding under subsection (a)(1) for that fiscal year. (e) “State” defined Fo...

(a) In general The Secretary of the Army, acting through the Chief of Engineers, is authorized to provide periodic beach nourishment in the case of each water resources development project where such nourishment has been authorized for a limited period for such additional period as he determines necessary but in no event shall such additional period extend beyond the fiftieth year which begins after the date of initiation of construction of such project. (b) Review (1) In general Notwithstanding subsection (a), the Secretary shall, at the request of the non-Federal interest, carry out a study to determine the feasibility of extending the period of nourishment described in subsection (a) for a period not to exceed 50 additional years beyond the maximum period described in subsection (a). (2) Timing The additional years provided under paragraph (1) shall begin on the date of initiation of construction of congressionally authorized nourishment. (c) Plan for reducing risk to people and property (1) In general As part of the review described in subsection (b), the non-Federal interest shall submit to the Secretary a plan for reducing risk to people and property during the life of the project. (2) Inclusion of plan in recommendation to Congress The Secretary shall include the plan described in subsection (a) in the recommendations to Congress described in subsection (d). (d) Report to Congress Upon completion of the review described in subsection (b), the Secretary shall— (1) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives any recommendations of the Secretary related to the review; and (2) include in the subsequent annual report to Congress required under section 2282d of title 33, any recommendations that require specific congressional authorization. (e) Special rule Notwithstanding any other provision of this section, for any existing authorized water resources development project for which the maximum period for nourishment described in subsection (a) will expire within the 16-year period beginning on June 10, 2014, that project shall remain eligible for nourishment for an additional 12 years after the expiration of such period.

(a) Implementation of Flood Protection Structure Accreditation Task Force In carrying out section 100226 of Public Law 112–141 (42 U.S.C. 4101 note; 126 Stat. 942), the Secretary shall— (1) ensure that at least 1 program activity carried out for levee systems under the levee safety and dam safety programs of the Corps of Engineers provides adequate information to the Secretary to reach a levee accreditation decision under section 65.10 of title 44, Code of Federal Regulations (or successor regulation); (2) to the maximum extent practicable, carry out the activities referred to in paragraph (1) in alignment with the schedule established for the national flood insurance program established under chapter I of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.); and (3) in the case of a levee system that is operated and maintained by the Corps of Engineers, to the maximum extent practicable, cooperate with local governments seeking a levee accreditation decision for the levee to provide information necessary to support the accreditation decision in a timely manner. (b) Accelerated levee system evaluations (1) In general On receipt of a request from a non-Federal interest, the Secretary may carry out a levee system evaluation of a federally authorized levee for purposes of the national flood insurance program established under chapter 1 1 of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.) if the evaluation will be carried out earlier than such an evaluation would be carried out under subsection (a). (2) Requirements A levee system evaluation under paragraph (1) shall— (A) at a minimum, comply with section 65.10 of title 44, Code of Federal Regulations (as in effect on June 10, 2014); and (B) be carried out in accordance with such procedures as the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, may establish. (3) Funding (A) In general The Secretary may use amounts made available under section 1962d–16 of this title to carry out this subsection. (B) Cost share The Secretary shall apply the cost share under section 1962d–16(b) of this title to any activities carried out under this subsection. (C) Contributed funds Notwithstanding subparagraph (B), a non-Federal interest may fund up to 100 percent of the cost of any activity carried out under this subsection.

(a) Declaration of policy It is declared to be the policy of the Congress to recognize the primary responsibilities of the States and local interests in developing water supplies for domestic, municipal, industrial, and other purposes and that the Federal Government should participate and cooperate with States and local interests in developing such water supplies in connection with the construction, maintenance, and operation of Federal navigation, flood control, irrigation, or multiple purpose projects. (b) Storage in reservoir projects; agreements for payment of cost of construction or modification of projects In carrying out the policy set forth in this section, it is provided that storage may be included in any reservoir project surveyed, planned, constructed or to be planned, surveyed and/or constructed by the Corps of Engineers or the Bureau of Reclamation to impound water for present or anticipated future demand or need for municipal or industrial water, and the reasonable value thereof may be taken into account in estimating the economic value of the entire project: Provided, That the cost of any construction or modification authorized under the provisions of this section shall be determined on the basis that all authorized purposes served by the project shall share equitably in the benefits of multiple purpose construction, as determined by the Secretary of the Army or the Secretary of the Interior, as the case may be: Provided further, That before construction or modification of any project including water supply provisions for present demand is initiated, State or local interests shall agree to pay for the cost of such provisions in accordance with the provisions of this section: And provided further, That (1) for Corps of Engineers projects, not to exceed 30 percent of the total estimated cost of any project may be allocated to anticipated future demands, and, (2) for Bureau of Reclamation projects, not to exceed 30 per centum of the total estimated cost of any project may be allocated to anticipated future demands where State or local interests give reasonable assurances, and there is reasonable evidence, that such demands for the use of such storage will be made within a period of time which will permit paying out the costs allocated to water supply within the life of the project: And provided further, That for Corps of Engineers projects, the Secretary of the Army may permit the full non-Federal contribution to be made, without interest, during construction of the project, or, with interest, over a period of not more than thirty years from the date of completion, with repayment contracts providing for recalculation of the interest rate at, five-year intervals, and for Bureau of Reclamation projects, the entire amount of the construction costs, including interest during construction, allocated to water supply shall be repaid within the life of the project but in no event to exceed fifty years after the project is first used for the storage of water for water supply purposes, except that (1) no payment need be made with respect to storage for future water supply until such supply is first used, and (2) no interest shall be charged on such cost until such supply is first used, but in no case shall the interest-free period exceed ten years. For Corps of Engineers projects, all annual operation and maintenance costs for municipal and industrial water supply storage under this section shall be reimbursed from State or local interests on an annual basis, and all repair, rehabilitation, and replacement costs for municipal and industrial water supply storage under this section shall be reimbursed from State or local interests (1) without interest, during construction of the repair, rehabilitation, or replacement, (2) with interest, in lump sum on the completion of the repair, rehabilitation, or replacement, or (3) at the request of the State or local interest, with interest, over a period of not more than 25 years beg...