Sec. 216. Lower and Upper Missouri River Comprehensive Flood Protection

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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 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 subsection, 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 subsection, 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 subsection; 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 in the Lower Missouri River Basin undertaken by the Secretary during the study period. In this subsection: 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. The Secretary, in collaboration with the heads of other relevant Federal agencies, shall conduct a comprehensive study to address flood risk in areas affected by severe flooding in 2019 along the Upper Missouri River, including an examination of— the use of structural and nonstructural flood control and floodplain management strategies, including the consideration of 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 ); continued operation and maintenance of the navigation project; management of bank caving and erosion; maintenance of water supply; fish and wildlife habitat management; recreation needs; environmental restoration needs; the division of responsibilities of the Federal Government and non-Federal interests with respect to Missouri River flooding; the roles and responsibilities of Federal agencies with respect to Missouri River flooding; and any other related matters, as determined by the Secretary. In conducting the study under this subsection, the Secretary may develop recommendations to Congress for— the construction of a water resources development project; the structural or operational modification of an existing water resources development project; such additional monitoring of, or adaptive management measures to carry out with respect to, existing water resources development projects, to respond to changing conditions; geographic areas within the Upper Missouri River basin for additional study by the Secretary; management plans and actions to be carried out by the responsible Federal agencies to reduce flood risk and improve resiliency; any necessary changes to the general comprehensive plan for flood control and other purposes in the Missouri River Basin under section 4 of the Act of June 28, 1938 (chapter 795, 52 Stat. 1218; 58 Stat. 891); and follow-up studies for problem areas for which data or current technology does not allow immediate solutions. Not later than 3 years after the date of enactment of this subsection, 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 that— contains the results of the comprehensive study required by this subsection, including any recommendations developed under paragraph (2); addresses— the potential for the transfer of flood risk between and within the Upper and Lower Missouri River basins with respect to any changes recommended pursuant to paragraph (2)(F); adverse impacts to navigation and other authorized purposes of the applicable Missouri River project with respect to any changes recommended under paragraph (2)(F); and whether there are opportunities for increased non-Federal management in the Upper Missouri River Basin; recognizes— the interest and rights of States in— determining the development of watersheds within the borders of the State; and water utilization and control; and the primary responsibilities of States and local interests in developing water supplies for domestic, municipal, industrial, and other purposes; and describes any interim actions relating to existing water resources development projects in the Upper Missouri River Basin undertaken by the Secretary during the study period. In carrying out this subsection, the Secretary shall consult with applicable Federal and State agencies, Indian Tribes, and other stakeholders within the Upper Missouri River Basin and solicit public comment. In carrying out any study described in or authorized by this subsection, 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 ). Section 1001 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282c ) shall not apply to the comprehensive study carried out under this section or any feasibility study described in paragraph (7). Any feasibility study carried out pursuant to a recommendation included in the report submitted under this subsection shall be considered to be a continuation of the comprehensive study required under paragraph (1). In this subsection, the term Missouri River project means a project constructed as part of— the Pick-Sloan Missouri River Basin Program (authorized by section 9(b) of the Act of December 22, 1944 (chapter 665, 58 Stat. 891)), located in the States of Wyoming, Montana, North Dakota, or South Dakota; the Missouri River Bank Stabilization and Navigation project (authorized by section 2 of the Act of March 2, 1945 (chapter 19, 59 Stat. 19)); or a non-Federal, publicly owned levee system located within the Upper Missouri River Basin. Upon completion of the studies under subsections

(a)and (b), the Secretary shall develop a strategy that, to the maximum extent practicable, coordinates and aligns the results of such studies.

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