Sec. 1107. CONTINUING AUTHORITY PROGRAMS

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## SEC. 1107 CONTINUING AUTHORITY PROGRAMS ###

(a)Pilot Program for Alternative Project Delivery for Continuing Authority Program Projects **[**[33 U.S.C. 2201 note](/us/usc/t33/s2201)**]** ####

(1)In general 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, at the request of the non-Federal interest, to carry out a project under a continuing authority program through the use of an alternative delivery method. ####

(2)Participation in pilot program In carrying out paragraph (1), the Secretary shall— #####

(A)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; #####

(B)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 #####

(C)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— ######

(i)identification of the project name, type, and location, and the associated non-Federal interest; ######

(ii)a description of the type of alternative delivery method being used to carry out the project; and ######

(iii)a description of how the project meets the authorized purposes and requirements of the applicable continuing authority program. ####

(3)Cost share 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. ####

(4)Modifications to processes With respect to a project selected under paragraph (3), the Secretary, at the request of the non-federal interest, shall to the maximum extent practicable— #####

(A)allow the non-Federal interest to contribute more than the non-Federal share of the project required under the applicable continuing authority program; #####

(B)allow the use of return on Federal investment as an alternative to benefit-cost analysis; #####

(C)allow the use of a real estate acquisition audit process to replace existing crediting, oversight, and review processes and procedures; and #####

(D)allow the use of a single contract with the non-Federal interest that incorporates the feasibility and construction phases. ####

(5)Reimbursement #####

(A)In general A project selected under paragraph

(3)that is carried out by a non-Federal interest pursuant to this subsection shall be eligible for reimbursement for the Federal share of the cost of the project if, before initiation of construction of the project— ######

(i)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) consistent with the applicable continuing authority program; and ######

(ii)the Secretary— ######

(I)reviews the plans for construction of the project developed by the non-Federal interest; ######

(II)determines that the project meets the requirements of the applicable continuing authority program; ######

(III)determines that the project outputs are consistent with the project scope; ######

(IV)determines that the plans comply with applicable Federal laws and regulations; and ######

(V)verifies that the construction documents, including supporting information, have been signed by an Engineer of Record. #####

(B)Application of reimbursement The Secretary may only provide reimbursement under subparagraph

(A)if the Secretary certifies that— ######

(i)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 ######

(ii)the project has been constructed in accordance with— ######

(I)all applicable permits or approvals; and ######

(II)the requirements of this subsection. #####

(C)Monitoring The Secretary shall regularly monitor and audit any project being constructed by a non-Federal interest pursuant to this subsection to ensure that the construction is carried out in compliance with the requirements of— ######

(i)this subsection; and ######

(ii)the relevant continuing authorities program. ####

(6)Evaluations and reporting The Secretary 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— #####

(A)an assessment of whether the use of alternative delivery methods has resulted in cost savings or time efficiencies; and #####

(B)identification of changes to laws or policies needed in order to implement more projects using alternative delivery methods. ####

(7)Definitions In this subsection: #####

(A)Alternative delivery method 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. #####

(B)Continuing authority program 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). #####

(C)Return on federal investment 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. ####

(8)Maximum projects Not more than 25 projects may be carried out under this subsection. ####

(9)Sunset 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. ####

(10)Authorization of appropriations There is authorized to be appropriated to carry out this subsection $50,000,000 for each of fiscal years 2025 through 2032. ###

(b)Emergency Streambank and Shoreline Protection Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is amended— ####

(1)by striking “$25,000,000” and inserting “$50,000,000”; and ####

(2)by striking “$10,000,000” and inserting “$15,000,000”. ###

(c)Storm and Hurricane Restoration and Impact Minimization Program Section 3(c) of the Act of August 13, 1946 (33 U.S.C. 426g(c)) is amended— ####

(1)in paragraph (1), by striking “$37,500,000” and inserting “$62,500,000”; and ####

(2)in paragraph (2)(B), by striking “$10,000,000” and inserting “$15,000,000”. ###

(d)Small River and Harbor Improvement Projects 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 “$15,000,000”. ###

(e)Aquatic Ecosystem Restoration Section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330) is amended— ####

(1)in subsection (a), by adding at the end the following: > > #### “(4) Drought resilience > > A project under this section may include measures that enhance drought resilience through the restoration of wetlands or the removal of invasive species.” > ; ####

(2)in subsection (b), by adding at the end the following: > > #### “(3) Anadromous fish > > 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.” > ; ####

(3)in subsection (d), by striking “$10,000,000” and inserting “$15,000,000”; and ####

(4)in subsection (f), by striking “$62,500,000” and inserting “$75,000,000”. ###

(f)Removal of Obstructions; Clearing Channels Section 2 of the Act of August 28, 1937 (33 U.S.C. 701g) is amended— ####

(1)by striking “$7,500,000” and inserting “$15,000,000”; ####

(2)by inserting “for preventing and mitigating flood damages associated with ice jams,” after “other debris,”; and ####

(3)by striking “$500,000” and inserting “$1,000,000”. ###

(g)Project Modifications for Improvement of Environment or Drought Resiliency Section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a) is amended— ####

(1)in the section heading, by inserting “or Drought Resiliency” after “Environment”; ####

(2)in subsection (a)— #####

(A)by striking “ for the purpose of improving ” and inserting the following: > “for the purpose of— > > > #### “(1) > > improving” > ; #####

(B)in paragraph

(1)(as so designated), by striking the period at the end and inserting “; or”; and #####

(C)by adding at the end the following: > > #### “(2) > > providing drought resiliency.” > ; ####

(3)in subsection (b), by striking “(2) will improve” and inserting “(2) will provide for drought resilience or will improve”; ####

(4)in subsection (d), by striking “$10,000,000” and inserting “$15,000,000”; ####

(5)in subsection (h), by striking “$50,000,000” and inserting “$62,000,000”; and ####

(6)by adding at the end the following: > > ### “(j) Drought Resilience > > Drought resilience measures carried out under this section may include— > > > #### “(1) > > water conservation measures to mitigate and address drought conditions; > > > #### “(2) > > removal of sediment captured behind a dam for the purpose of restoring or increasing the authorized storage capacity of the project concerned; > > > #### “(3) > > the planting of native plant species that will reduce the risk of drought and the incidence of nonnative species; and > > > #### “(4) > > other actions that increase drought resilience, water conservation, or water availability.” > . ###

(h)Shore Damage Prevention or Mitigation Section 111(c) of the River and Harbor Act of 1968 (33 U.S.C. 426i(c)) is amended by striking “$12,500,000” and inserting “$15,000,000”. ###

(i)Regional Sediment Management Section 204(c)(1)(C) of the Water Resources Development Act of 1992 (33 U.S.C. 2326(c)(1)(C)) is amended by striking “$10,000,000” and inserting “$15,000,000”. ###

(j)Small Flood Control Projects Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is amended— ####

(1)in the first sentence, by striking “$68,750,000” and inserting “$90,000,000”; and ####

(2)in the third sentence, by striking “$10,000,000” and inserting “$15,000,000”. ###

(k)Community Revitalization Program Section 165(a) of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note) is amended— ####

(1)by striking the subsection heading and inserting “Community Revitalization Program”; ####

(2)in paragraph (1), by striking “pilot program” and inserting “program”; ####

(3)in paragraph (2)— #####

(A)in the paragraph heading, by striking “pilot”; #####

(B)by amending subparagraph

(A)to read as follows: > > ##### “(A) > > 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 relevant project proposals to the Secretary; and” > ; and #####

(C)in subparagraph (B), by striking “a total of 20 projects” and inserting “projects”; ####

(3)by striking paragraph (4); and ####

(4)by redesignating paragraph

(5)as paragraph (4); ####

(5)in paragraph (4), as so redesignated, by inserting “the” before “Water”; and ####

(6)by adding at the end the following: > > #### “(5) Authorization of appropriations > > There is authorized to be appropriated to carry out this subsection $150,000,000 for each fiscal year.” > .

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