Continuing authority programs

(a) Project modifications for improvements to flood risk management (1) In general The Secretary shall establish a program to carry out studies and projects for the improvement of covered projects. (2) Requirements (A) Studies (i) In general The Secretary may carry out a study of a covered project under this subsection to determine whether there is a need to modify the structure or operations of the covered project in order to— (I) improve flood risk management; or (II) meet applicable Federal standards, including levee accreditation standards. (ii) Flood risk assessment The Secretary shall include in a study carried out under this subsection— (I) as part of the calculation of benefits and costs, each calculation identified in section 2033(d) of the Water Resources Development Act of 2007 (33 U.S.C. 2282a(d)); and (II) an assessment of geographical transfers of, or changes in, flood risk within and beyond the boundaries of the covered project. (B) Projects The Secretary may carry out a project under this subsection to make modifications to the structure or operations of a covered project if the Secretary determines, based on the study of the covered project carried out under subparagraph (A), that— (i) the modifications— (I) are feasible and consistent with the authorized purposes of the covered project; (II) will provide for flood risk management in the public interest; and (III) are cost effective; and (ii) any increases in flood risk that may result from the modifications will be offset within the boundaries of the covered project. (C) Coordination In carrying out this subsection, the Secretary shall coordinate with appropriate Federal, State, and local agencies. (D) Items provided by the non-Federal interest (i) In general The non-Federal interest for a project carried out under this subsection shall provide all land, easements, rights-of-way, and relocations necessary for the project. (ii) Credit The value of land, easements, rights-of-way, and relocations provided under clause (i) shall be credited toward the non-Federal share of the cost of the project carried out under this subsection. (E) Agreements Construction of a project under this subsection shall be initiated only after a non-Federal interest has entered into a binding agreement with the Secretary to pay— (i) the non-Federal share of the costs of construction required under this subsection; and (ii) 100 percent of any operation, maintenance, replacement, and rehabilitation costs associated with the project, in accordance with regulations prescribed by the Secretary. (3) Cost share (A) Study Subject to subparagraph (C), the Federal share of the cost of a study carried out under this subsection shall be 50 percent, except that the first $100,000 of the cost of the study shall be at Federal expense. (B) Construction (i) In general Subject to subparagraph (C), the non-Federal share of the cost of construction of a project carried out under this subsection shall be 75 percent. (ii) In-Kind contributions The non-Federal share of the cost of construction of a project carried out under this subsection may be provided in the form of in-kind contributions, including a contribution of a facility or supply or of a service that is necessary to carry out the project. (iii) Other Federal funds Subject to subparagraph (C), the non-Federal share of the cost of construction of a project carried out under this subsection may be provided in the form of funds provided to the non-Federal interest by another Federal agency, if such Federal agency provides written consent to the non-Federal interest for the use of such funds for the project. (C) Limitation The total Federal amount expended for a study or project under this subsection shall be not more than $15,000,000. (4) Limitations (A) Betterments The Secretary may include in a project under this subsection a modification to the structure or operations of a covered project that is necessary solely for purposes of meeting State or local building, zoning, or other standards only as an element of a locally preferred plan. (B) Deferred maintenance (i) In general The Secretary may not include in a project under this subsection any modification to the structure or operations of a covered project to address any operations and maintenance responsibilities of the non-Federal interest for the covered project, including to address any deferred or incomplete maintenance of the covered project by the non-Federal interest. (ii) Baseline condition The Secretary shall use the as-built condition of a covered project, including the as-built condition of any modifications authorized by the Secretary, as the basis for determining any modifications to the structure or operations of the covered project to be included in a project carried out under this subsection. (5) Covered project defined In this subsection, the term covered project means— (A) a water resources development project constructed by the Secretary for the purpose of flood risk management; and (B) a project with respect to which the Secretary is authorized to provide assistance under section 5 of the Act of August 18, 1941 (33 U.S.C. 701n). (6) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this subsection $50,000,000 for each fiscal year. (b) Applicability of expenditure limits (1) In general With respect to each covered water resources development project, the Secretary shall apply the maximum per-project Federal expenditure limit for the continuing authority program under which the project is authorized, as the provision of law establishing such limit is in effect on the day after the date of enactment of this Act. (2) Definitions In this subsection: (A) Continuing authority program The term continuing authority program has the meaning given that term in section 7001(c)(1)(D)(iii) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d(c)(1)(D)(iii)) (as amended by this Act). (B) Covered water resources development project defined The term covered water resources development project means a water resources development project authorized pursuant to a continuing authority program, including a water resources development project for which— (i) an initial construction contract was awarded before January 4, 2025; and (ii) construction is not complete as of the date of enactment of this Act. (c) Studies and projects for drought resiliency Section 155 of the Water Resources Development Act of 2020 (33 U.S.C. 2347c) is amended to read as follows: 155. Studies and projects for drought resiliency (a) In general The Secretary shall establish a program to carry out, in partnership with non-Federal interests, studies and projects for drought resiliency. (b) Requirements (1) Studies The Secretary may carry out a study under this section for a project to provide for drought resiliency, including through— (A) the implementation of water conservation measures to mitigate and address drought conditions; (B) the management of sediment for increased water in the applicable watershed; (C) mitigation and monitoring associated with aquatic or riparian nonnative species that exacerbate drought conditions, such as salt cedar; (D) the planting of native plant species that will reduce the risk of drought and the incidence of nonnative plant species; (E) the construction of small water storage projects; (F) groundwater aquifer recharge; or (G) other actions that increase drought resiliency and water conservation. (2) Projects The Secretary may carry out a project under this subsection if the Secretary determines, based on the study for the project carried out under paragraph (1), that the project— (A) will provide for drought resiliency, including through actions described in such paragraph; (B) is in the public interest; and (C) is cost effective. (3) Use of natural and nature-based features In carrying out a study or project under this section, the Secretary shall, to the maximum extent practicable, seek to incorporate natural features and nature-based features (as those terms are defined in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a))). (4) Items provided by non-Federal interest (A) In general The non-Federal interest for a project carried out under this section shall provide all land, easements, rights-of-way, and relocations necessary for the project. (B) Credit The value of the land, easements, rights-of-way, and relocations provided under subparagraph (A) shall be credited toward the non-Federal share of the cost of the project. (5) Agreements Construction of a project under this section shall be initiated only after a non-Federal interest has entered into a binding agreement with the Secretary to pay— (A) the non-Federal share of the costs of construction required under this section; and (B) 100 percent of any operation, maintenance, replacement, and rehabilitation costs associated with the project, in accordance with regulations prescribed by the Secretary. (c) Cost-Share (1) Studies Subject to paragraph (3), the Federal share of the cost of a study carried out under this section shall be 50 percent, except that the first $100,000 of the cost of the study shall be at Federal expense. (2) Construction (A) In general Subject to paragraph (3), and except as provided in subparagraph (B), the non-Federal share of the cost of construction of a project carried out under this section shall be 35 percent. (B) Small water storage projects A small water storage project carried out under this section shall be subject to the cost-sharing requirements applicable to construction of projects under section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213), including— (i) for municipal and industrial water supply, the non-Federal share of the cost shall be 100 percent; (ii) for agricultural water supply, the non-Federal share of the cost shall be 35 percent; and (iii) for recreation, including recreational navigation, the non-Federal share of the cost shall be 50 percent of separable costs and, in the case of any harbor or inland harbor or channel project, 50 percent of joint and separable costs allocated to recreational navigation. (3) Limitation The total Federal amount expended for a study or project under this section shall be not more than $10,000,000. (d) Technical assistance In carrying out this section, the Secretary may provide technical assistance to a non-Federal interest necessary to support comprehensive, systemwide approaches, and operations, maintenance, replacement, and rehabilitation activities, that take into account changing conditions from extreme and prolonged weather events. (e) Funding There is authorized to be appropriated to carry out this section $35,000,000 for each fiscal year. (f) Small water storage project defined In this section, the term small water storage project means a project for water storage that— (1) in the case of a new project, has a water storage capacity of not less than 2,000 acre-feet and not more than 30,000 acre-feet; or (2) in the case of an enlargement of an existing project, is for an enlargement of not less than 1,000 acre-feet and not more than 30,000 acre-feet.. (d) Emergency streambank and shoreline protection Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is amended by striking $50,000,000 and inserting $62,500,000. (e) Small flood control projects Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is amended, in the first sentence, by striking $90,000,000 and inserting $100,000,000. (f) Removal of obstructions; clearing channels Section 2 of the Act of August 28, 1937 (33 U.S.C. 701g) is amended by striking $15,000,000 and inserting $19,000,000. (g) Project modifications for improvement of environment or drought resiliency Section 1135(h) of the Water Resources Development Act of 1986 (33 U.S.C. 2309a(h)) is amended by striking $62,000,000 and inserting $75,000,000. (h) Conforming amendments Section 7001(c)(1)(D)(iii) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d(c)(1)(D)(iii)) is amended— (1) in subclause (IX), by striking; and and inserting a semicolon; (2) in subclause (X), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (XI) section 109(a) of the Water Resources Development Act of 2026; and (XII) section 155 of the Water Resources Development Act of 2020..