This bill requires the Army Corps of Engineers to study and construct water resources development projects to provide flood protection to communities that are located in the Lower Missouri River Basin and have experienced multiple flooding events over a 10-year period.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3403 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3403
To establish a lower Missouri River flood prevention program, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2020
Mr. Blunt (for himself, Mr. Grassley, Mr. Roberts, Mr. Moran, Mrs.
Fischer, Mr. Hawley, Ms. Ernst, and Mr. Sasse) introduced the following
bill; which was read twice and referred to the Committee on Environment
and Public Works
_______________________________________________________________________
A BILL
To establish a lower Missouri River flood prevention program, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LOWER MISSOURI RIVER FLOOD PREVENTION PROGRAM.
(a) Definitions.--In this section:
(1) Affected community.--The term ``affected community''
means a legally constituted public body (as that term is used
in section 221(b) of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b(b)) the jurisdiction of which has been subject to
flooding from the lower Missouri River or a tributary of the
lower Missouri River in not less than 2 events during any 10-
year period beginning on or after January 1, 2000,
notwithstanding the provision of emergency flood fighting
assistance under section 5 of the Act of August 18, 1941
(commonly known as the ``Flood Control Act of 1941'') (55 Stat.
650, chapter 377; 33 U.S.C. 701n), from the Corps of Engineers
during those flooding events.
(2) Lower missouri river.--The term ``lower Missouri
River'' means--
(A) the lower 735 miles of the Missouri River from
Sioux City, Iowa, to the mouth of the Missouri River;
and
(B) the tributaries of the portion of the Missouri
River described in subparagraph (A).
(3) Missouri river project.--The term ``Missouri River
project'' means--
(A) a project constructed as part of--
(i) the Pick-Sloan Missouri River Basin
Program authorized by section 9(b) of the Act
of December 22, 1944 (commonly known as the
``Flood Control Act of 1944'') (58 Stat. 891,
chapter 665); or
(ii) the Missouri River Bank Stabilization
and Navigation Project authorized by section 2
of the Act of March 2, 1945 (commonly known as
the ``River and Harbor Act of 1945'') (59 Stat.
19, chapter 19); and
(B) a locally owned levee system, as identified by
the Secretary for participation under the program under
subsection (b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(b) Program.--
(1) In general.--The Secretary shall carry out a program to
study, design, and construct water resources development
projects, and modifications to completed water resources
development projects, to provide flood protection to affected
communities.
(2) Preliminary technical evaluations.--The Secretary shall
carry out, at full Federal expense, any technical evaluations
or analyses of a Missouri River project determined by the
Secretary to be necessary to formulate flood protection
recommendations for affected communities that avoid or
minimize--
(A) the potential for flood risk transfer; and
(B) adverse impacts to navigation and other
authorized purposes of the applicable Missouri River
project.
(3) System plan.--
(A) In general.--A preliminary technical evaluation
under paragraph (2) shall include development of a
system plan for reducing flood risk and improving
resiliency that shall be used in recommending projects
for construction.
(B) Considerations.--In developing a system plan
under subparagraph (A), the Secretary shall consider--
(i) recommendations of the Pick-Sloan
Missouri River Basin Program authorized by
section 9(b) of the Act of December 22, 1944
(commonly known as the ``Flood Control Act of
1944'') (58 Stat. 891, chapter 665), and
subsequent relevant engineering observations
and reports; and
(ii) the use of both structural and
nonstructural measures, including the setting
back of levees and removing structures from
areas of recurring flood vulnerability where
advantageous to reduce system flood risk and
damages, and where locally acceptable.
(4) Consultation.--The Secretary shall carry out the
program under this subsection in consultation with applicable
Federal and State agencies, Indian Tribes, and other
stakeholders.
(5) Construction.--
(A) Feasibility report.--For each project
recommended for construction under this subsection, the
District Commander of the district in which the project
is located shall develop a feasibility report for
approval by the Commander of the Northwestern Division
of the Corps of Engineers that includes project
features, costs, cooperation requirements, and
justification.
(B) Construction of projects.--After approval of a
feasibility report under subparagraph (A) and subject
to paragraph (6), the Secretary shall construct the
project.
(C) Timeliness.--The Secretary shall carry out
feasibility studies and construction phase activities
under this subsection as expeditiously as possible,
including by concurrently conducting project planning
and construction activities where advisable.
(6) Cost.--
(A) In general.--Except as provided under
subparagraph (B), not more than $75,000,000 may be used
for the Federal costs of construction of a project
under this subsection.
(B) Specific authorization.--The Secretary may
carry out a project under this subsection for which the
Federal share of the cost of the project exceeds
$75,000,000 if Congress provides a specific
authorization for the project prior to construction.
(7) Cost-share.--
(A) In general.--Notwithstanding any other
provision of law and subject to subparagraph (C), the
Federal share of the cost of a feasibility study or
project carried out under this subsection shall be 80
percent.
(B) Inclusions.--Costs of a project carried out
under this subsection shall include the costs of--
(i) design;
(ii) design-related activities and data
gathering;
(iii) all land, easements, right-of-way
acquisitions, and borrow and disposal areas,
including related administrative costs,
required for construction and maintenance of
the project;
(iv) costs to relocate compensable public
and private utilities; and
(v) construction and construction
management.
(C) Ability to pay.--
(i) In general.--A cost-sharing agreement
for a project under this subsection shall be
subject to the ability of the affected
community to pay.
(ii) Determination.--The ability of an
affected community to pay shall be determined
by the Secretary, in accordance with procedures
established by the Secretary.
(iii) Treatment.--Any reduction in the
share of the affected community of the cost of
a project under this subsection in accordance
with clause (i) shall not be included for
purposes of the amount described in paragraph
(6)(A).
(8) Transfer.--On completion of a project under this
subsection, the Secretary shall transfer ownership (including
operation and maintenance responsibility) of the project,
including any permanent land and easements acquired for the
project, to the non-Federal interest.
(9) Authorization of appropriations.--There is authorized
to be appropriated for planning, design, and construction under
this section $500,000,000, to remain available until expended.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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