SYSTEMWIDE IMPROVEMENT FRAMEWORK AND ENCROACHMENTS.

SEC. 1146. SYSTEMWIDE IMPROVEMENT FRAMEWORK AND ENCROACHMENTS. (a) In General.—Section 5(c) of the Act of August 18, 1941 (33 U.S.C. 701n(c)) is amended— (1) by striking paragraph (2) and inserting the following: “(2) Systemwide improvement plan.— “(A) In general.—Notwithstanding the status of compliance of a non-Federal interest with the requirements of a levee owner’s manual described in paragraph (1), or any other eligibility requirement established by the Secretary related to the maintenance and upkeep responsibilities of the non-Federal interest, the Secretary shall consider the non-Federal interest to be eligible for repair and rehabilitation assistance under this section if— “(i) in coordination with the Secretary, the non-Federal interest develops a systemwide improvement plan, prior to the natural disaster, that— “(I) identifies any items of deferred or inadequate maintenance and upkeep, including any such items identified by the Secretary or through periodic inspection of the flood control work; “(II) identifies any additional measures, including repair and rehabilitation work, that the Secretary determines necessary to ensure that the flood control work performs as designed and intended; “(III) includes specific timelines for addressing such items and measures; “(IV) requires the non-Federal interest to be responsible for the cost of addressing the items and measures identified under subclauses (I) and (II); and “(ii) the Secretary— “(I) determines that the systemwide improvement plan meets the requirements of clause (i) and the Secretary, acting through the District Commander, approves such plan; and “(II) determines that the non-Federal interest makes satisfactory progress in meeting the timelines described in subclause (III) of that clause. “(B) Grandfathered encroachments.—At the request of the non-Federal interest, the Secretary— “(i) shall review documentation developed by the non-Federal interest showing a covered encroachment does not negatively impact the integrity of the flood control work; “(ii) shall make a written determination with respect to whether removal or modification of such covered encroachment is necessary to ensure the encroachment does not negatively impact the integrity of the flood control work; and “(iii) may not determine that a covered encroachment is a deficiency requiring corrective action unless such action is necessary to ensure the encroachment does not negatively impact the integrity of the flood control work.” ; and (2) in paragraph (4)— (A) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and (B) by inserting before subparagraph (B) (as so redesignated) the following: “(A) Covered encroachment.—The term ‘covered encroachment’ means a permanent nonproject structure that— “(i) is located inside the boundaries of a flood control work; “(ii) is depicted on construction drawings or operation and maintenance plans for the flood control work that are signed by an engineer of record; and “(iii) is determined by the Secretary to be an encroachment of such flood control work.” . (b) Conforming Amendment.— (1) In general.—Section 3011 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 701n note) is repealed. (2) Clerical amendment.—The table of contents contained in section 1(b) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1194) is amended by striking the item relating to section 3011. (c) [33 U.S.C. 701n note] Transition.—The amendments made by this section shall have no effect on any written agreement signed by the Secretary and a non-Federal interest pursuant to paragraph (2) of section 5(c) of the Act of August 18, 1941 (33 U.S.C. 701n(c)) (as in effect on the day before the date of enactment of this Act), if the non-Federal interest otherwise continues to meet the requirements of that paragraph (as so in effect). (d) [33 U.S.C. 701n note] Participation in Preparedness Exercises.—The Secretary may not condition the eligibility of a non-Federal interest for rehabilitation assistance under section 5 of the Act of August 18, 1941(33 U.S.C. 701n), on the participation of the non-Federal interest in disaster preparedness exercises that are unrelated to necessary repairs, rehabilitation, maintenance, and upkeep of a flood control work.