Lower Missouri River comprehensive flood protection

(a) In general The Secretary may carry out a project for flood risk management in the Lower Missouri River, as identified in the System Plan, if the Secretary determines that the project is feasible. (b) Eligible activities (1) Projects included in System Plan For any project identified in the System Plan as a System Plan component, the Secretary may carry out flood risk management measures for such project in accordance with the design criteria and guidelines of the System Plan. (2) Compatible measures The Secretary may include in a flood risk management project authorized under this section compatible measures for environmental improvements and recreation, if the Secretary determines the compatible measures are— (A) feasible; (B) consistent with System Plan recommendations; (C) beneficial to the community; (D) not detrimental to flood protection; and (E) supported by State and local partners. (c) Spinoff studies Any project or spinoff studies identified in the System Plan may be considered a continuation of the Lower Missouri Basin study and studied and designed in accordance with section 216(a) of the Water Resources Development Act of 2020 (134 Stat. 2681). (d) Coordination The Secretary shall coordinate activities carried out pursuant to this section with other activities carried out by the Secretary in the Missouri River Basin. (e) System Plan Update (1) In general The Secretary is authorized to update the System Plan, as necessary and in accordance with section 216 of the Water Resources Development Act of 2020 (134 Stat. 2681), as additional data is developed, and projects are implemented pursuant to this section. (2) Projects not included in System Plan For any project not identified in the System Plan as a System Plan component, the Secretary is authorized to study such project and, if the Secretary determines that such project is feasible and consistent with the flood risk management measures identified in the feasibility report for such study and the goals identified in the System Plan, the Secretary shall update the System Plan pursuant to paragraph (1) so that the System Plan includes such project. (f) Cost limitation (1) In general Except as provided in paragraph (2), the Secretary may not expend more than $60,000,000 in Federal funds for a single project carried out under this section in the State of Missouri. (2) Exception With respect to a project under this section in the State of Missouri for which the Federal share of costs is expected to exceed $60,000,000 or a project within the scope of the Lower Missouri Basin study, the Secretary may carry out the project if— (A) the Secretary submits to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate the determination that the project is feasible; and (B) construction of the project, to be carried out substantially in accordance with the System Plan and subject to the conditions described in such determination, is specifically authorized by Congress. (g) Limitation for incomplete or deferred maintenance or upkeep The Secretary may not carry out a project under this section to address deferred, or incomplete, maintenance or upkeep of such project, except if such maintenance or upkeep is— (1) attributable to changed conditions or design standards; and (2) in compliance with such 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). (h) Definitions In this section: (1) Lower Missouri Basin study The term Lower Missouri Basin study has the meaning given such term in section 216(a)(10) of the Water Resources Development Act of 2020 (134 Stat. 2681). (2) System Plan The term System Plan means the Lower Missouri Flood Risk and Resiliency System Plan prepared pursuant to section 216(a) of the Water Resources Development Act of 2020 (134 Stat. 2681).

(a) In general The Secretary may carry out a project for flood risk management in the Lower Missouri River, as identified in the System Plan, if the Secretary determines that the project is feasible. (b) Eligible activities (1) Projects included in System Plan For any project identified in the System Plan as a System Plan component, the Secretary may carry out flood risk management measures for such project in accordance with the design criteria and guidelines of the System Plan. (2) Compatible measures The Secretary may include in a flood risk management project authorized under this section compatible measures for environmental improvements and recreation, if the Secretary determines the compatible measures are— (A) feasible; (B) consistent with System Plan recommendations; (C) beneficial to the community; (D) not detrimental to flood protection; and (E) supported by State and local partners. (c) Spinoff studies Any project or spinoff studies identified in the System Plan may be considered a continuation of the Lower Missouri Basin study and studied and designed in accordance with section 216(a) of the Water Resources Development Act of 2020 (134 Stat. 2681). (d) Coordination The Secretary shall coordinate activities carried out pursuant to this section with other activities carried out by the Secretary in the Missouri River Basin. (e) System Plan Update (1) In general The Secretary is authorized to update the System Plan, as necessary and in accordance with section 216 of the Water Resources Development Act of 2020 (134 Stat. 2681), as additional data is developed, and projects are implemented pursuant to this section. (2) Projects not included in System Plan For any project not identified in the System Plan as a System Plan component, the Secretary is authorized to study such project and, if the Secretary determines that such project is feasible and consistent with the flood risk management measures identified in the feasibility report for such study and the goals identified in the System Plan, the Secretary shall update the System Plan pursuant to paragraph (1) so that the System Plan includes such project. (f) Cost limitation (1) In general Except as provided in paragraph (2), the Secretary may not expend more than $60,000,000 in Federal funds for a single project carried out under this section in the State of Missouri. (2) Exception With respect to a project under this section in the State of Missouri for which the Federal share of costs is expected to exceed $60,000,000 or a project within the scope of the Lower Missouri Basin study, the Secretary may carry out the project if— (A) the Secretary submits to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate the determination that the project is feasible; and (B) construction of the project, to be carried out substantially in accordance with the System Plan and subject to the conditions described in such determination, is specifically authorized by Congress. (g) Limitation for incomplete or deferred maintenance or upkeep The Secretary may not carry out a project under this section to address deferred, or incomplete, maintenance or upkeep of such project, except if such maintenance or upkeep is— (1) attributable to changed conditions or design standards; and (2) in compliance with such 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). (h) Definitions In this section: (1) Lower Missouri Basin study The term Lower Missouri Basin study has the meaning given such term in section 216(a)(10) of the Water Resources Development Act of 2020 (134 Stat. 2681). (2) System Plan The term System Plan means the Lower Missouri Flood Risk and Resiliency System Plan prepared pursuant to section 216(a) of the Water Resources Development Act of 2020 (134 Stat. 2681).