Agenda - Public Works Committee - 10/20/2020

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S. 3021-33 SEC. 1164. LOCAL GOVERNMENT WATER MANAGEMENT PLANS. With the consent of the non -Federal interest for a feasibility study for a water resources development project, the Secretary may enter into a written agreement under section 221(a) of the Flood Control Act of 1970, with a unit of local government in the watershed that has adopted a local or regional water manage- ment plan, to allow the unit of local government to participate in the feasibility study to determine if there is an opportunity to include additional feasible elements in the project in order to help achieve the purposes identified in the local or regional water management plan. SEC. 1165. STRUCTURES AND FACILITIES CONSTRUCTED BY SEC- RETARY. Section 14 of the Act of March 3, 1899 (33 U.S.C. 408) is amended by adding at the end the following: "(d) WORK DEFINED. —For the purposes of this section, the term `work' shall not include unimproved real estate owned or operated by the Secretary as part of a water resources development project if the Secretary determines that modification of such real estate would not affect the function and usefulness of the project.". SEC. 1166. ADVANCED FUNDS FOR WATER RESOURCES DEVELOPMENT STUDIES AND PROJECTS. (a) CONTRIBUTIONS BY STATES AND POLITICAL SUBDIVISIONS FOR IMMEDIATE USE ON AUTHORIZED FLOOD -CONTROL WORK; REPAY- MENT. —The Act of October 15, 1940 (33 U.S.C. 701h-1) is amended— (1) by striking "a flood -control project duly adopted and authorized by law" and inserting "a federally authorized water resources development project,"; (2) by striking "such work" and inserting "such project"; (3) by striking "from appropriations which may be provided by Congress for flood -control work" and inserting "if appropria- tions are provided by Congress for such purpose"; and (4) by adding at the end the following: "For purposes of this Act, the term `State' means the several States, the District of Columbia, the commonwealths, territories, and possessions of the United States, and Indian tribes (as defined in section 4(e) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 5304(e))).". (b) NO ADVERSE EFFECT ON PROCESSES. —In implementing any provision of law that authorizes a non -Federal interest to provide, advance, or contribute funds to the Secretary for the development or implementation of a water resources development project (including sections 203 and 204 of the Water Resources Develop- ment Act of 1986 (33 U.S.C. 2231, 2232), section 5 of the Act of June 22, 1936 (33 U.S.C. 701h), and the Act of October 15, 1940 (33 U.S.C. 701h-1)), the Secretary shall ensure, to the max- imum extent practicable, that the use by a non -Federal interest of snrl-h authorities tines not, diversely affect.