DEPARTMENT OF THE ARMY

DEPARTMENT OF THE ARMY Corps of Engineers—Civil The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related efforts. investigations For expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed studies, and plans and specifications of proposed river and harbor, 140 STAT. 63 flood and storm damage reduction, shore protection, and aquatic ecosystem restoration projects, and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations, and, when authorized by law, surveys and detailed studies, and plans and specifications of projects prior to construction, $150,384,000, to remain available until expended: Provided, That the Secretary Work plan.shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. construction For expenses necessary for the construction of river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for conducting detailed studies, and plans and specifications, of such projects (including those involving participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to construction); $3,169,966,000, to remain available until expended; of which $217,983,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of construction costs for facilities under the Dredged Material Disposal Facilities program; and of which such sums as are necessary to cover 25 percent of the costs of construction, replacement, rehabilitation, and expansion of inland waterways projects shall be derived from the Inland Waterways Trust Fund, except as otherwise specifically provided for in law: Provided, Work plan.That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. mississippi river and tributaries For expenses necessary for flood damage reduction projects and related efforts in the Mississippi River alluvial valley below Cape Girardeau, Missouri, as authorized by law, $531,588,000, to remain available until expended, of which $9,768,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of eligible operation and maintenance costs for inland harbors: Provided, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. operation and maintenance (including transfer of funds) For expenses necessary for the operation, maintenance, and care of existing river and harbor, flood and storm damage reduction, aquatic ecosystem restoration, and related projects authorized by law; providing security for infrastructure owned or operated by the Corps, including administrative buildings and laboratories; maintaining harbor channels provided by a State, municipality, or other public agency that serve essential navigation needs of general commerce, where authorized by law; surveying and charting northern and northwestern lakes and connecting waters; clearing 140 STAT. 64 and straightening channels; and removing obstructions to navigation, $6,013,217,000, to remain available until expended, of which $3,245,249,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of eligible operations and maintenance costs for coastal harbors and channels, and for inland harbors, of which $416,760,000 shall be for donor and energy ports as specified in section 102 of the Water Resources Development Act of 2020; of which $40,000,000, to be derived from the general fund of the Treasury, shall be for the design and construction to replace Federal dredges, in addition to amounts otherwise made available for such purposes, and shall be transferred to and merged with funds available for such purposes in the revolving fund established by the first section of the Act of July 27, 1953 (33 U.S.C. 576); of which such sums as may be necessary shall be derived from amounts collected in this or prior fiscal years under section 210 of the Flood Control Act of 1968 (16 U.S.C. 460d–3) and are not otherwise appropriated shall be for resource protection, research, interpretation, and maintenance activities related to resource protection in the areas at which outdoor recreation is available; of which such sums as become available from fees collected under section 217 of Public Law 104–303 shall be used to cover the cost of operation and maintenance of the dredged material disposal facilities for which such fees have been collected; and of which $62,000,000, to be derived from the general fund of the Treasury, shall be to carry out subsection (c) of section 2106 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238c) and shall be designated as being for such purpose pursuant to paragraph (2) of section 14003 of division B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136): Provided, Allocation.That funding derived from the Harbor Maintenance Trust Fund for donor and energy ports shall be allocated solely in accordance with section 2106 of the Water Resources Reform and Development Act of 2014: Provided further,Allocation.Time period. That 1 percent of the total amount of funds provided for each of the programs, projects, or activities funded under this heading shall not be allocated to a field operating activity prior to the beginning of the fourth quarter of the fiscal year and shall be available for use by the Chief of Engineers to fund such emergency activities as the Chief of Engineers determines to be necessary and appropriate, and that the Chief of Engineers shall allocate during the fourth quarter any remaining funds which have not been used for emergency activities proportionally in accordance with the amounts provided for the programs, projects, or activities: Provided further, ThatWork plan. the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. regulatory program For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $221,000,000, to remain available until September 30, 2027. formerly utilized sites remedial action program For expenses necessary to clean up contamination from sites in the United States resulting from work performed as part of 140 STAT. 65 the Nation’s early atomic energy program, $75,000,000, to remain available until expended. flood control and coastal emergencies For expenses necessary to prepare for flood, hurricane, and other natural disasters and support emergency operations, repairs, and other activities in response to such disasters as authorized by law, $40,000,000, to remain available until expended. expenses For expenses necessary for the supervision and general administration of the civil works program in the headquarters of the Corps of Engineers and the offices of the Division Engineers; and for costs of management and operation of the Humphreys Engineer Center Support Activity, the Institute for Water Resources, the United States Army Engineer Research and Development Center, and the United States Army Corps of Engineers Finance Center allocable to the civil works program, $220,000,000, to remain available until September 30, 2027, of which not to exceed $5,000 may be used for official reception and representation purposes and only during the current fiscal year: Provided, That no part of any other appropriation provided in this title shall be available to fund the civil works activities of the Office of the Chief of Engineers or the civil works executive direction and management activities of the division offices: Provided further, That any Flood Control and Coastal Emergencies appropriation may be used to fund the supervision and general administration of emergency operations, repairs, and other activities in response to any flood, hurricane, or other natural disaster. office of the assistant secretary of the Reports.Work plan.Allocation.army for civil works For the Office of the Assistant Secretary of the Army for Civil Works as authorized by 10 U.S.C. 7016(b)(3), $7,000,000, to remain available until September 30, 2027: Provided, That not more than 75 percent of such amount may be obligated or expended until the Assistant Secretary submits to the Committees on Appropriations of both Houses of Congress the report required under section 101(d) of this Act and a work plan that allocates at least 95 percent of the additional funding provided under each heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), to specific programs, projects, or activities. water infrastructure finance and innovation program account For the cost of direct loans and for the cost of guaranteed loans, as authorized by the Water Infrastructure Finance and Innovation Act of 2014, $2,200,000, to remain available until expended, for safety projects to maintain, upgrade, and repair dams identified in the National Inventory of Dams with a primary owner type of State, local government, public utility, or private: Provided, That any activity that results in a decrease in the hazard or a decrease in the potential consequences of poor performance of a dam structure listed on the National Inventory of Dams with 140 STAT. 66 a primary owner type of State, local government, public utility, or private shall be considered a safety project eligible for funds provided under this heading for that purpose by this or any prior Act: Provided further, That any safety project for a dam identified in the National Inventory of Dams with a primary owner type of State, local government, public utility, or private shall be eligible under section 5026(1)(A) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121) (33 U.S.C. 3905(1)(A)) for funds provided under this heading for that purpose by this or any prior Act: Provided further, That no project may be funded with amounts provided under this heading in this or any prior Act for a dam that is identified as jointly owned in the National Inventory of Dams and where one of those joint owners is the Federal Government: Provided further, Deadline.Notice.That not later than 90 days following the end of any submittal period occurring before or after the date of enactment of this Act of a solicitation of preliminary applications from prospective borrowers seeking credit assistance of funds made available under this heading by this or any prior Act, the Secretary shall provide to each applicant a written notice to inform the applicant whether the applicant will be invited to apply for credit assistance: Provided further, That amounts made available under this heading in this Act shall also be available for projects to construct, maintain, upgrade, and repair levees and ancillary features with a primary owner type of State, municipal, county, private, or other non-Federal entity: Provided further, That Deadline.Regulations.33 USC 3902 note.not later than 60 days after the date of enactment of this Act, the Secretary shall begin a rulemaking process to establish the process to provide financial assistance for projects to construct, maintain, upgrade, and repair levees and ancillary features with a primary owner type of State, municipal, county, private, or other non-Federal entity: Provided furtherCertification., That no project may be funded with amounts provided under this heading for a levee unless the Secretary has certified in advance, in writing, that the levee is not owned, in whole or in part, by the Federal Government: Provided further, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans, including capitalized interest, and total loan principal, including capitalized interest, any part of which is to be guaranteed, not to exceed $500,000,000: Provided further, That the Loans.use of direct loans or loan guarantee authority under this heading for direct loans or commitments to guarantee loans for any project, including any project that is made eligible for funds pursuant to the second proviso under this heading, shall be in accordance with the criteria published in the Federal Register on June 30, 2020 (85 FR 39189) pursuant to the fourth proviso under the heading “Water Infrastructure Finance and Innovation Program Account” in division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94): Provided Loans.Certification.Compliance.further, That none of the direct loans or loan guarantee authority made available under this heading shall be available for any project unless the Secretary and the Director of the Office of Management and Budget have certified in advance in writing that the direct loan or loan guarantee, as applicable, and the project comply with the criteria referenced in the previous proviso: Provided further, That any references to the Environmental Protection Agency (EPA) or the 140 STAT. 67 Administrator in the criteria referenced in the previous two provisos shall be deemed to be references to the Army Corps of Engineers or the Secretary of the Army, respectively, for purposes of the direct loans or loan guarantee authority made available under this heading: Provided further,Records. That for the purposes of carrying out the Congressional Budget Act of 1974, the Director of the Congressional Budget Office may request, and the Secretary shall promptly provide, documentation and information relating to a project identified in a Letter of Interest submitted to the Secretary pursuant to a Notice of Funding Availability for applications for credit assistance under the Water Infrastructure Finance and Innovation Act Program, including with respect to a project that was initiated or completed before the date of enactment of this Act. In addition, fees authorized to be collected pursuant to sections 5029 and 5030 of the Water Infrastructure Finance and Innovation Act of 2014 shall be deposited in this account, to remain available until expended. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, notwithstanding section 5033 of the Water Infrastructure Finance and Innovation Act of 2014, $5,000,000, to remain available until September 30, 2027.