Sec. 1001. Upper and Lower Missouri River comprehensive flood protection studies

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In this section, 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 (commonly known as the “Flood Control Act of 1944”) (58 Stat. 891, chapter 665); or the Missouri River Bank Stabilization and Navigation Project authorized by section 2 of the Act of March 2, 1945 (commonly known as the “River and Harbor Act of 1945”) (59 Stat. 19, chapter 19); and a locally owned or operated levee system located within the Upper or Lower Missouri River basin.

The Secretary, in collaboration with the heads of other relevant Federal agencies, shall conduct, and submit to Congress a comprehensive strategy and report that describes the results of and aligns the recommendations of, 2 comprehensive studies to address flood risk in areas affected by severe flooding in 2019 along the Upper and Lower 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 those terms are defined in section 1184(a) of the Water Infrastructure Improvements for the Nation Act ( 33 U.S.C. 2289a(a) )); 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.

The studies conducted under subsection

(b)shall— include 1 study for the Upper Missouri River and 1 study for the Lower Missouri River; include recommendations on management plans and actions to be carried out by the responsible Federal agencies to reduce flood risk and improve resiliency that shall be used in recommending projects for construction authorization; address whether changes are necessary 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 (52 Stat. 1218, chapter 795) and modified by section 9(b) of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 891, chapter 665); address the potential for the transfer of flood risk between and within the Upper and Lower Missouri River Basin for any changes recommended under paragraph (3); address adverse impacts to navigation and other authorized purposes of the applicable Missouri River project for any changes recommended under paragraph (3); address whether there are opportunities for increased non-Federal management in the Missouri River Basin; recognize the interest and rights of States in— determining the development of watersheds within the borders of the State; and water utilization and control; recognize the primary responsibilities of States and local interests in developing water supplies for domestic, municipal, industrial, and other purposes; and include recommendations for— non-Federal and Federal action where appropriate; and follow-up studies for problem areas for which data or current technology does not allow immediate solutions. As part of the studies conducted under subsection (b), the Secretary shall— identify institutional and other barriers to providing protection to the areas evaluated in the studies; carry out activities that warrant additional analysis by the Corps of Engineers, including feasibility studies; and provide recommendations for inclusion of projects and feasibility studies in the report under section 1013. A feasibility study carried out under paragraph (1)(B) shall be considered to be a continuation of the applicable study under subsection (b). Except as provided in subparagraph (B), the non-Federal share of the cost of carrying out a feasibility study under paragraph (1)(B) shall not be more than 35 percent. In carrying out a feasibility study under paragraph (1)(B) in partnership with a small community or a disadvantaged community (as those terms are defined in section 1017(a)(1)), if the Secretary determines that the life safety or economic viability of the community is at risk, the Secretary shall reduce the non-Federal cost share applicable to the study through a mutual agreement between the Corps of Engineers and the non-Federal interest, in an amount that is— not less than 10 percent of the total project cost; and up to 100 percent of the non-Federal cost share applicable to the study. The Secretary shall carry out feasibility studies under paragraph (1)(B) as expeditiously as possible. The Secretary shall delegate the approval authority for initiating any feasibility study under paragraph (1)(B) to the Commander of the Northwestern Division of the Corps of Engineers. In conducting the studies under subsection (b), the Secretary shall consult with applicable Federal and State agencies, Indian Tribes, and other stakeholders. In conducting the studies under subsection (b), the Secretary shall make maximum use of data in existence on the date of enactment of this Act and ongoing programs and efforts of Federal agencies, States, Indian Tribes, and other stakeholders. The studies conducted under subsection

(b)shall be at full Federal expense. Section 1001(a) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282c(a) )— shall not apply to the studies conducted under subsection (b); and shall apply to a feasibility study carried out under subsection (d)(1)(B). The Secretary shall submit to Congress— an interim report on the results of the studies under subsection

(b)by not later than 1 year after the date of enactment of this Act; and a final report on the results of the studies under subsection

(b)by not later than 3 years after the date of enactment of this Act. There is authorized to be appropriated to carry out this section $50,000,000, to remain available until expended.

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