Sec. 101. Continuing authority programs

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Not later than 180 days after the date of enactment of this Act, the Secretary shall implement a pilot program, in accordance with this subsection, allowing a non-Federal interest or the Secretary to carry out a project under a continuing authority program through the use of an alternative delivery method. The Secretary shall implement the pilot program under this subsection through a single office, which shall be headed by a Director. In carrying out paragraph (1), the Director shall— solicit project proposals from non-Federal interests by posting program information on a public-facing website and reaching out to non-Federal interests that have previously submitted project requests to the Secretary; review such proposals and select projects, taking into consideration geographic diversity among the selected projects and the alternative delivery methods used for the selected projects; and notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of each project selected under subparagraph (B), including— identification of the project name, type, and location, and the associated non-Federal interest; a description of the type of alternative delivery method being used to carry out the project; and a description of how the project meets the authorized purposes and requirements of the applicable continuing authority program.

The Federal and non-Federal shares of the cost of a project carried out pursuant to this subsection shall be consistent with the cost share requirements of the applicable continuing authority program. With respect to a project selected under paragraph (3), the Secretary shall— allow the non-Federal interest to contribute more than the non-Federal share of the project required under the applicable continuing authority program; allow the use of return on Federal investment as an alternative to benefit-cost analysis; allow the use of a real estate acquisition audit process to replace existing crediting, oversight, and review processes and procedures; and notwithstanding any otherwise applicable requirement of a continuing authority program, allow the use of a single contract with the non-Federal interest that incorporates the feasibility and construction phases, and may also include the operations and maintenance of the project.

A project selected under paragraph

(3)that is carried out by a non-Federal interest pursuant to this subsection shall be eligible for credit or reimbursement for the Federal share of the cost of the project if, before initiation of construction of the project— the non-Federal interest enters into a written agreement with the Secretary under section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ), including an agreement to pay the non-Federal share of the cost of operation and maintenance of the project, consistent with the applicable continuing authority program; and the Director— reviews the plans for construction of the project developed by the non-Federal interest; determines that the project meets the requirements of the applicable continuing authority program; determines that the project outputs are consistent with the project scope; determines that the plans comply with applicable Federal laws and regulations; and verifies that the construction documents, including supporting information, have been signed by an Engineer of Record. With respect to a project selected under paragraph (3), the Secretary may only apply credit under subparagraph

(A)toward the non-Federal share of that project. The Secretary may only provide reimbursement under subparagraph

(A)if the Director certifies that— the non-Federal interest has obligated funds for the cost of the project selected under paragraph

(3)and has requested reimbursement of the Federal share of the cost of the project; and the project has been constructed in accordance with— all applicable permits or approvals; and the requirements of this subsection. The Director shall regularly monitor and audit any project constructed by a non-Federal interest pursuant to this subsection to ensure that— the construction is carried out in compliance with the requirements of this subsection; and the costs of construction are reasonable. The Director shall annually 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 on the progress and outcomes of projects carried out pursuant to this subsection, including— an assessment of whether the use of alternative delivery methods has resulted in cost savings or time efficiencies; and identification of changes to laws or policies needed in order to implement more projects using alternative delivery methods. In this subsection: The term alternative delivery method means a project delivery method that is not the traditional design-bid-build method, including progressive design-build, public-private partnerships, and construction manager at risk. The term continuing authority program has the meaning given that term in the section 7001(c)(1)(D) of Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282d ). The term Director means the Director of the office through which the Secretary is implementing the pilot program under this subsection. The term return on Federal investment means, with respect to Federal investment in a water resources development project, the economic return on the investment for the Federal government, taking into consideration qualitative returns for any anticipated life safety, risk reduction, economic growth, environmental, and social benefits accruing as a result of the investment. The authority to commence pursuant to this subsection a project selected under paragraph

(3)shall terminate on the date that is 10 years after the date of enactment of this Act. There is authorized to be appropriated to carry out this subsection $50,000,000 for each fiscal year. Except with respect to a project carried out pursuant to subsection (a), the Secretary shall delegate decision-making authority and review of projects under a continuing authority program to the District Commander of the district of the Corps of Engineers in which the project is located. Authority delegated under subparagraph

(A)shall include authority related to the approval of project initiation, allocation of funds within statutory limits, and oversight of project implementation. If, during the pre-construction phase of a project under a continuing authority program, the total Federal costs of the project are projected to exceed the established Federal per-project limit, the District Commander to whom authority has been delegated under paragraph

(1)with respect to the project shall conduct an assessment to determine whether the project can continue to be carried out with a revised scope. If the District Commander determines under subparagraph

(A)that a project cannot continue to be carried out with a revised scope within the existing authority for the project, and the cost of completing the project is not projected to exceed twice the applicable established per-project limit— the project may be considered a new feasibility study and shall be prioritized for investigation funds from the Secretary to minimize starts and stops on project implementation; and such transition to a new feasibility study shall require approval from the Secretary and shall include a notification to Congress. If the District Commander determines under subparagraph

(A)that a project cannot continue to be carried out with a revised scope within the existing authority for the project, and the cost of completing the project is projected to exceed twice the applicable established per-project limit, the project may only continue as a feasibility study subject to the requirements of section 105 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2215 ). A project carried out pursuant to subparagraph

(B)shall not count towards the annual program funding authorization limits for the applicable continuing authority program. In this subsection, the term continuing authority program has the meaning given that term in the section 7001(c)(1)(D) of Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282d ). Section 14 of the Flood Control Act of 1946 ( 33 U.S.C. 701r ) is amended by striking $25,000,000 and inserting $50,000,000 . Section 3(c) of the Act of August 13, 1946 ( 33 U.S.C. 426g(c) ) is amended— in paragraph (1), by striking $37,500,000 and inserting $62,500,000 ; and in paragraph (2)(B), by striking $10,000,000 and inserting $12,500,000 . Section 107(b) of the River and Harbor Act of 1960 ( 33 U.S.C. 577(b) ) is amended by striking $10,000,000 and inserting $12,500,000 . Section 206 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330 ) is amended— in subsection (b), by adding at the end the following: Notwithstanding paragraph (1), for projects carried out under subsection (a)(3), the non-Federal interest shall provide 15 percent of the cost of construction, including provision of all lands, easements, rights-of-way, and necessary relocations. ; and in subsection (d), by striking $10,000,000 and inserting $15,000,000 . Section 2 of the Act of August 28, 1937 ( 33 U.S.C. 701g ) is amended by striking $500,000 and inserting $1,000,000 . Section 1135 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2309a ) is amended— in the section heading, by inserting after or drought resiliency ; environment in subsection (a)— by striking for the purpose of improving and inserting “for the purpose of— improving ; by striking the period at the end and inserting ; or ; and by adding at the end the following: providing drought resiliency. ; in subsection (b), by striking

(2)will improve and inserting

(2)will provide for drought resilience or will improve ; in subsection (d), by striking $10,000,000 and inserting $12,500,000 ; in subsection (h), by striking $50,000,000 and inserting $62,000,000 ; and by adding at the end the following: Drought resilience measures carried out under this section may include— water conservation measures to mitigate and address drought conditions; removal of sediment captured behind a dam for the purpose of restoring or increasing the authorized storage capacity of the project concerned; the planting of native plant species that will reduce the risk of drought and the incidence of non-native species; and other actions that increase drought resilience, water conservation, or water availability. . Section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s ) is amended to read as follows: The Secretary shall carry out a program for the implementation, in partnership with non-Federal interests, of small structural or nonstructural projects for flood risk management, stormwater management, and related purposes not specifically authorized by Congress when in the opinion of the Chief of Engineers such work is advisable. The non-Federal share for a project implemented under this section of the costs assigned to purposes described in subsection

(a)shall be 35 percent. The non-Federal interest for a project implemented under this section shall pay 5 percent of the costs assigned to purposes described in subsection

(a)during construction of the project. The non-Federal share for a project implemented under this section of the costs assigned to purposes not described in subsection

(a)shall be consistent with the cost share requirements of section 103 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213 ). The non-Federal interest for a project implemented under this section shall provide all lands, easements, rights-of-way, dredged material disposal areas, and perform all related necessary relocations. Construction of a project under this section shall be initiated only after a non-Federal interest has entered into an agreement with the Secretary to pay— the non-Federal share of the costs of construction required by this section; and 100 percent of any operation, maintenance, replacement, and rehabilitation costs associated with the project in accordance with regulations prescribed by the Secretary. A project implemented under this section shall be complete in itself and shall not commit the United States to any additional improvement for the successful operation of the project. The Secretary is authorized to, in coordination with the non-Federal interest for a project implemented under this section, incorporate natural features and nature-based features, water reuse and recycling practices, and other innovative stormwater management practices and techniques, including green infrastructure, permeable pavements, rain gardens, and retention basins into the project. In implementing a project under this section, the Secretary shall, where appropriate, examine opportunities to include features for the reclamation, treatment, and reuse of flood water and stormwater associated with the project that will not result in— a determination that the project is not economically justified; or the limitation described in subsection (h)(1) conflicting with the required Federal share of the cost of the project. For any project for stormwater management implemented under this section, the Secretary shall include management of stormwater that flows at a rate of less than 800 cubic feet per second for the 10-percent flood. Not more than $15,000,000 in Federal funds may be allocated under this section for a single project within a single specific geographic area, such as a city, town, or county. There is authorized to be appropriated to carry out this section $90,000,000 for each fiscal year. . Nothing in the amendment made by this subsection shall affect any agreement in effect on the date of enactment of this Act under section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s ), except that, upon request by the non-Federal interest for the project that is the subject of such an agreement, the Secretary and the non-Federal interest may modify the agreement to reflect the requirements of such section 205, as so amended. Section 165(a) of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note) is amended— by striking the subsection heading and inserting ; Community revitalization program in paragraph (1), by striking pilot program and inserting program ; in paragraph (2)— by amending subparagraph

(A)to read as follows: solicit project proposals from non-Federal interests by posting program information on a public-facing website and reaching out to non-Federal interests that have previously submitted project requests to the Secretary; and ; and in subparagraph (B), by striking a total of 20 projects and inserting projects ; by striking paragraph

(4)and inserting the following: In carrying out this subsection, the Secretary shall prioritize the following projects: Projects located in coastal communities in western Alaska impacted by Typhoon Merbok. The Hatch Dam project, Arizona, carried out pursuant to section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s ). Projects located in Guam. ; and by adding at the end the following: There is authorized to be appropriated to carry out this subsection $50,000,000 for each fiscal year. .

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