Sec. 211. Lower Missouri Basin Flood Risk and Resiliency Study, Iowa, Kansas, Nebraska, and Missouri

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Except as provided in paragraph (2), upon the request of the non-Federal interest for the Lower Missouri Basin study, the Secretary shall expand the scope of such study to investigate and provide recommendations relating to— modifications to projects in Iowa, Kansas, Nebraska, and Missouri authorized under the Pick-Sloan Missouri River Basin Program (authorized by section 9(b) of the Flood Control Act of December 22, 1944 (chapter 665, 58 Stat. 891)) and the Missouri River Bank Stabilization and Navigation project (authorized by section 2 of the Act of March 2, 1945 (chapter 19, 59 Stat. 19)), including modifications to the authorized purposes of such projects to further flood risk management and resiliency; and modifications to non-Federal, publicly owned levees in the Lower Missouri River Basin.

If the Secretary determines that expanding the scope of the Lower Missouri Basin study as provided in paragraph

(1)is not practicable, and the non-Federal interest for such study concurs in such determination, the Secretary shall carry out such additional studies as are necessary to investigate the modifications described in paragraph (1). The following studies shall be considered a continuation of the Lower Missouri Basin study: Any additional study carried out under paragraph (2). Any study recommended to be carried out in a report that the Chief of Engineers prepares for the Lower Missouri Basin study. Any study recommended to be carried out in a report that the Chief of Engineers prepares for an additional study carried out under paragraph (2). Any study spun off from the Lower Missouri Basin study before the completion of such study. Any study spun off from an additional study carried out under paragraph

(2)before the completion of such additional study. In carrying out any study described in or authorized by this section, the Secretary, to the extent practicable, shall rely on existing data and analysis, including data and analysis prepared under section 22 of the Water Resources Development Act of 1974 ( 42 U.S.C. 1962d–16 ). In developing recommendations under paragraph (1), the Secretary shall— consider the use of— structural and nonstructural measures, including the setting back of levees and removing structures from areas of recurring flood vulnerability, where advantageous, to reduce flood risk and damages in the Lower Missouri River Basin; and where such features are locally acceptable, natural features or nature-based features (as such terms are defined in section 1184 of the Water Resources Development Act of 2016 ( 33 U.S.C. 2289a ); and consult with applicable Federal and State agencies, Indian Tribes, and other stakeholders within the Lower Missouri River Basin and solicit public comment on such recommendations. Section 1001 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282c ) shall not apply to the Lower Missouri Basin study or any study described in paragraph (3). Upon completion of a study authorized by this section, if the Secretary determines that a recommended project, or modification to a project described in paragraph (1), is justified, the Secretary may proceed directly to preconstruction planning, engineering, and design of the project or modification. For the provision of technical assistance to support small communities and economically disadvantaged communities in the planning and design of flood risk management and flood risk resiliency projects in the Lower Missouri River Basin, for each of fiscal years 2021 through 2026, there are authorized to be appropriated— $2,000,000 to carry out section 206 of the Flood Control Act of 1960 ( 33 U.S.C. 709a ), in addition to amounts otherwise authorized to carry out such section; and $2,000,000 to carry out section 22(a)(2) of the Water Resources Development Act of 1974 ( 42 U.S.C. 1962d–16 ), in addition to amounts otherwise authorized to carry out such section. The limitations on the use of funds in section 206(d) of the Flood Control Act of 1960 and section 22(c)(2) of the Water Resources Development Act of 1974 shall not apply to the amounts authorized to be appropriated by subparagraph (A). Nothing in this paragraph restricts the authority of the Secretary to use any funds otherwise appropriated to carry out section 206 of the Flood Control Act of 1960 or section 22(a)(2) of the Water Resources Development Act of 1974 to provide technical assistance described in subparagraph (A). Not later than 3 years after the date of enactment of this Act, 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 detailing— the results of the study authorized by this section; any additional, site-specific areas within the Lower Missouri River Basin for which additional study for flood risk management projects is recommended by the Secretary; and any interim actions relating to existing water resources development projects undertaken by the Secretary during the study period. In this section: The term Lower Missouri Basin study means the Lower Missouri Basin Flood Risk and Resiliency Study, Iowa, Kansas, Nebraska, and Missouri, authorized pursuant to section 216 of the Flood Control Act of 1970 ( 33 U.S.C. 549a ). The term small community means a local government that serves a population of less than 15,000.

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