Sec. 309. Delaware shore protection and restoration

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The project for coastal storm risk management, Delaware Beneficial Use of Dredged Material for the Delaware River, Delaware, authorized by section 401(3) of the Water Resources Development Act of 2020 (134 Stat. 2736) (referred to in this subsection as the project ), is modified— to direct the Secretary to implement the project using alternative borrow sources to the Delaware River, Philadelphia to the Sea, project, Delaware, New Jersey, Pennsylvania, authorized by the Act of June 25, 1910 (chapter 382, 36 Stat. 637; 46 Stat. 921; 52 Stat. 803; 59 Stat. 14; 68 Stat. 1249; 72 Stat. 297); and until the Secretary implements the modification under subparagraph (A), to authorize the Secretary, at the request of a non-Federal interest, to carry out initial construction or periodic nourishments at any site included in the project under— section 1122 of the Water Resources Development Act of 2016 ( 33 U.S.C. 2326 note;

Public Law 114–322 ); or section 204(d) of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326(d) ). If the Secretary determines that a study is required to carry out paragraph (1)(A), the study shall be considered to be a continuation of the study that formulated the project. The Federal share of the cost of the project, including the cost of any modifications carried out under subsection (a)(1), shall be 90 percent. The Indian River Inlet Sand Bypass Plant, Delaware, coastal storm risk management project (referred to in this subsection as the project ), authorized by section 869 of the Water Resources Development Act of 1986 (100 Stat. 4182), is modified to authorize the Secretary, at the request of a non-Federal interest, to provide periodic nourishment through dedicated dredging or other means to maintain or restore the functioning of the project when— the sand bypass plant is inoperative; or operation of the sand bypass plant is insufficient to maintain the functioning of the project.

A cycle of periodic nourishment provided pursuant to paragraph

(1)shall be subject to the following requirements: The non-Federal share of the cost of a cycle shall be the same percentage as the non-Federal share of the cost to operate the sand bypass plant. If the Secretary determines that a decision document is required to support a request for funding for the Federal share of a cycle, the decision document may be prepared using funds made available to the Secretary for construction or for investigations. A decision document prepared under subparagraph

(B)shall not be subject to a new investment determination. A cycle shall be considered continuing construction. The Secretary is authorized to repair or restore any beach or any federally authorized hurricane or shore protective structure or project located in the State of Delaware pursuant to section 5(a) of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 ) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a) ), if— the structure, project, or beach is damaged by wind, wave, or water action associated with a storm of any magnitude; and the damage prevents the adequate functioning of the structure, project, or beach. The Secretary shall determine that the benefits attributable to the objectives set forth in section 209 of the Flood Control Act of 1970 ( 42 U.S.C. 1962–2 ) and section 904(a) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2281(a) ) exceed the cost for work carried out under this subsection. The authority provided by this subsection shall be in addition to any authority provided by section 5(a) of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 ) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a) ) to repair or restore a beach or federally authorized hurricane or shore protection structure or project located in the State of Delaware damaged or destroyed by wind, wave, or water action of other than an ordinary nature. In carrying out major maintenance of the project for navigation, Indian River Inlet and Bay, Delaware, authorized by the Act of August 26, 1937 (50 Stat. 846, chapter 832), and section 2 of the Act of March 2, 1945 (59 Stat. 14, chapter 19), the Secretary shall repair, restore, or relocate any non-Federal facility or other infrastructure, that has been damaged, in whole or in part, by the deterioration or failure of the project. Notwithstanding any other provision of law, for each fiscal year, the Secretary may reprogram amounts made available for a coastal storm risk management project to use such amounts for the project for coastal storm risk management, Indian River Inlet Sand Bypass Plant, Delaware, authorized by section 869 of the Water Resources Development Act of 1986 (100 Stat. 4182). The Secretary may carry out not more than 2 reprogramming actions under paragraph

(1)for each fiscal year. For each fiscal year, the Secretary may reprogram— not more than $100,000 per reprogramming action; and not more than $200,000 for each fiscal year.

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