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[House Report 114-785]
[From the U.S. Government Publishing Office]

114th Congress   }                                  {    Rept. 114-785
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                  {           Part 1

======================================================================

 
                WATER RESOURCES DEVELOPMENT ACT OF 2016

                                _______
                                

September 22, 2016.--Committed to the Whole House on the Senate of the 
                    Union and ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5303]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 5303) to provide for improvements 
to the rivers and harbors of the United States, to provide for 
the conservation and development of water and related 
resources, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose of the Legislation.......................................    33
Background and Need for the Legislation..........................    33
Hearings.........................................................    33
Legislative History and Consideration............................    33
Committee Votes..................................................    35
Committee Oversight Findings.....................................    36
New Budget Authority and Tax Expenditures........................    36
Congressional Budget Office Cost Estimate........................    36
Performance Goals and Objectives.................................    39
Advisory of Earmarks.............................................    40
Duplication of Federal Programs..................................    40
Disclosure of Directed Rulemakings...............................    40
Federal Mandate Statement........................................    40
Preemption Clarification.........................................    40
Advisory Committee Statement.....................................    40
Applicability of Legislative Branch..............................    40
Section-by-Section Analysis of Legislation.......................    41
Changes in Existing Law Made by the Bill, as Reported............    54
Committee Correspondence.........................................   121

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Water Resources 
Development Act of 2016''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Secretary defined.

                      TITLE I--GENERAL PROVISIONS

Sec. 101. Sense of Congress regarding Water Resources Development Acts.
Sec. 102. Training and employment for veterans and members of Armed 
Forces in curation and historic preservation.
Sec. 103. Youth service and conservation corps organizations.
Sec. 104. Navigation safety.
Sec. 105. Emerging harbors.
Sec. 106. Federal breakwaters and jetties.
Sec. 107. Donor ports and energy transfer ports.
Sec. 108. Use of Harbor Maintenance Trust Fund to support navigation.
Sec. 109. Remote and subsistence harbors.
Sec. 110. Beneficial use of dredged material.
Sec. 111. Reservoir sediment.
Sec. 112. Contributed funds for reservoir operations.
Sec. 113. Water supply conservation.
Sec. 114. Interstate compacts.
Sec. 115. Nonstructural alternatives.
Sec. 116. Operation and maintenance of environmental protection and 
restoration and aquatic ecosystem restoration projects.
Sec. 117. Estuary restoration.
Sec. 118. Great Lakes fishery and ecosystem restoration.
Sec. 119. Agreements.
Sec. 120. Corps of Engineers operation of unmanned aircraft systems.
Sec. 121. Federal dredge fleet.
Sec. 122. Corps of Engineers assets.
Sec. 123. Funding to process permits.
Sec. 124. Credit in lieu of reimbursement.
Sec. 125. Clarification of contributions during emergency events.
Sec. 126. Study of water resources development projects by non-Federal 
interests.
Sec. 127. Non-Federal construction of authorized flood damage reduction 
projects.
Sec. 128. Multistate activities.
Sec. 129. Regional participation assurance for levee safety activities.
Sec. 130. Participation of non-Federal interests.
Sec. 131. Indian tribes.
Sec. 132. Dissemination of information on the annual report process.
Sec. 133. Scope of projects.
Sec. 134. Preliminary feasibility study activities.
Sec. 135. Post-authorization change reports.
Sec. 136. Maintenance dredging data.
Sec. 137. Electronic submission and tracking of permit applications.
Sec. 138. Data transparency.
Sec. 139. Backlog prevention.
Sec. 140. Quality control.
Sec. 141. Budget development and prioritization.
Sec. 142. Use of natural and nature-based features.
Sec. 143. Annual report on purchase of foreign manufactured articles.
Sec. 144. Integrated water resources planning.
Sec. 145. Evaluation of project partnership agreements.
Sec. 146. Additional measures at donor ports and energy transfer ports.
Sec. 147. Arctic deep draft port development partnerships.
Sec. 148. International outreach program.
Sec. 149. Comprehensive study.
Sec. 150. Alternative models for managing Inland Waterways Trust Fund.
Sec. 151. Alternative projects to maintenance dredging.
Sec. 152. Fish hatcheries.
Sec. 153. Environmental banks.

                           TITLE II--STUDIES

Sec. 201. Authorization of proposed feasibility studies.
Sec. 202. Expedited completion of reports for certain projects.

           TITLE III--DEAUTHORIZATIONS AND RELATED PROVISIONS

Sec. 301. Deauthorization of inactive projects.
Sec. 302. Valdez, Alaska.
Sec. 303. Los Angeles County Drainage Area, Los Angeles County, 
California.
Sec. 304. Sutter Basin, California.
Sec. 305. Essex River, Massachusetts.
Sec. 306. Port of Cascade Locks, Oregon.
Sec. 307. Central Delaware River, Philadelphia, Pennsylvania.
Sec. 308. Huntingdon County, Pennsylvania.
Sec. 309. Rivercenter, Philadelphia, Pennsylvania.
Sec. 310. Joe Pool Lake, Texas.
Sec. 311. Salt Creek, Graham, Texas.
Sec. 312. Texas City Ship Channel, Texas City, Texas.

                TITLE IV--WATER RESOURCES INFRASTRUCTURE

Sec. 401. Project authorizations.

SEC. 2. SECRETARY DEFINED.

  In this Act, the term ``Secretary'' means the Secretary of the Army.

                      TITLE I--GENERAL PROVISIONS

SEC. 101. SENSE OF CONGRESS REGARDING WATER RESOURCES DEVELOPMENT ACTS.

  (a) Findings.--Congress finds the following:
          (1) The Corps of Engineers constructs projects for the 
        purposes of navigation, flood control, beach erosion control 
        and shoreline protection, hydroelectric power, recreation, 
        water supply, environmental protection, restoration, and 
        enhancement, and fish and wildlife mitigation.
          (2) The Corps of Engineers is the primary Federal provider of 
        outdoor recreation in the United States.
          (3) The Corps of Engineers owns and operates more than 600 
        dams.
          (4) The Corps of Engineers operates and maintains 12,000 
        miles of commercial inland navigation channels.
          (5) The Corps of Engineers manages the dredging of more than 
        200,000,000 cubic yards of construction and maintenance dredge 
        material annually.
          (6) The Corps of Engineers maintains 926 coastal, Great 
        Lakes, and inland harbors.
          (7) The Corps of Engineers restores, creates, enhances, or 
        preserves tens of thousands of acres of wetlands annually under 
        the Corps' Regulatory Program.
          (8) The Corps of Engineers provides a total water supply 
        storage capacity of 329,200,000 acre-feet in major Corps lakes.
          (9) The Corps of Engineers owns and operates 24 percent of 
        United States hydropower capacity or 3 percent of the total 
        electric capacity of the United States.
          (10) The Corps of Engineers supports Army and Air Force 
        installations.
          (11) The Corps of Engineers provides technical and 
        construction support to more than 100 countries.
          (12) The Corps of Engineers manages an Army military 
        construction program that carried out approximately 
        $44,600,000,000 in construction projects (the largest 
        construction effort since World War II) between 2006 and 2013.
          (13) The Corps of Engineers researches and develops 
        technologies to protect the environment and enhance quality of 
        life in the United States.
          (14) The legislation for authorizing Corps of Engineers 
        projects is the Water Resources Development Act and, between 
        1986 and 2000, Congress typically enacted an authorization bill 
        every 2 years.
          (15) Since 2000, only 3 Water Resources Development Acts have 
        been enacted.
          (16) In 2014, the Water Resources Reform and Development Act 
        of 2014 was enacted, which accelerated the infrastructure 
        project delivery process, fostered fiscal responsibility, and 
        strengthened water transportation networks to promote the 
        competitiveness, prosperity, and economic growth of the United 
        States.
          (17) Section 1001 of the Water Resources Reform and 
        Development Act of 2014 (33 U.S.C. 2282c) requires typical 
        Corps of Engineers project feasibility studies to be completed 
        in 3 years.
          (18) Section 7001 of the Water Resources Reform and 
        Development Act of 2014 (33 U.S.C. 2282d) requires the Corps of 
        Engineers to submit annually a Report to Congress on Future 
        Water Resources Development, which ensures projects and 
        activities proposed at the local, regional, and State levels 
        are considered for authorization.
          (19) Passing Water Resources Development Acts on a routine 
        basis enables Congress to exercise oversight, ensures the Corps 
        of Engineers maintains an appropriately sized portfolio, 
        prevents project backlog, and keeps United States 
        infrastructure competitive.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) the missions and authorities of the Corps of Engineers 
        are a unique function that benefits all Americans;
          (2) water resources development projects are critical to 
        maintaining economic prosperity, national security, and 
        environmental protection;
          (3) Congress has required timely delivery of project and 
        study authorization proposals from non-Federal project sponsors 
        and the Corps of Engineers; and
          (4) Congress should consider a Water Resources Development 
        Act at least once every Congress.

SEC. 102. TRAINING AND EMPLOYMENT FOR VETERANS AND MEMBERS OF ARMED 
                    FORCES IN CURATION AND HISTORIC PRESERVATION.

  Using available funds, the Secretary, acting through the Chief of 
Engineers, shall carry out a Veterans' Curation Program to train and 
hire veterans and members of the Armed Forces to assist the Secretary 
in carrying out curation and historic preservation activities.

SEC. 103. YOUTH SERVICE AND CONSERVATION CORPS ORGANIZATIONS.

  Section 213 of the Water Resources Development Act of 2000 (33 U.S.C. 
2339) is amended--
          (1) by redesignating subsection (c) as subsection (d); and
          (2) by inserting after subsection (b) the following:
  ``(c) Youth Service and Conservation Corps Organizations.--The 
Secretary shall, to the maximum extent practicable, enter into 
cooperative agreements with qualified youth service and conservation 
corps organizations for services relating to projects under the 
jurisdiction of the Secretary and shall do so in a manner that ensures 
the maximum participation and opportunities for such organizations.''.

SEC. 104. NAVIGATION SAFETY.

  The Secretary shall use section 5 of the Act of March 4, 1915 (38 
Stat. 1053, chapter 142; 33 U.S.C. 562), to carry out navigation safety 
activities at those projects eligible for operation and maintenance 
under section 204(f) of the Water Resources Development Act of 1986 (33 
U.S.C. 2232(f)).

SEC. 105. EMERGING HARBORS.

  Section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 
2238) is amended--
          (1) in subsection (c)(3) by striking ``for each of fiscal 
        years 2015 through 2022'' and inserting ``for each fiscal 
        year''; and
          (2) in subsection (d)(1)(A)--
                  (A) in the matter preceding clause (i) by striking 
                ``For each of fiscal years 2015 through 2024'' and 
                inserting ``For each fiscal year'';
                  (B) in clause (i) by striking ``90'' and inserting 
                ``Not more than 90''; and
                  (C) in clause (ii) by striking ``10'' and inserting 
                ``At least 10''.

SEC. 106. FEDERAL BREAKWATERS AND JETTIES.

  (a) In General.--The Secretary shall, at Federal expense, establish 
an inventory and conduct an assessment of the general structural 
condition of all Federal breakwaters and jetties protecting harbors and 
inland harbors within the United States.
  (b) Contents.--The inventory and assessment carried out under 
subsection (a) shall include--
          (1) compiling location information for all Federal 
        breakwaters and jetties protecting harbors and inland harbors 
        within the United States;
          (2) determining the general structural condition of each 
        breakwater and jetty;
          (3) analyzing the potential risks to navigational safety, and 
        the impact on the periodic maintenance dredging needs of 
        protected harbors and inland harbors, resulting from the 
        general structural condition of each breakwater and jetty; and
          (4) estimating the costs, for each breakwater and jetty, to 
        restore or maintain the breakwater or jetty to authorized 
        levels and the total of all such costs.
  (c) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall submit to Congress a report 
on the results of the inventory and assessment carried out under 
subsection (a).

SEC. 107. DONOR PORTS AND ENERGY TRANSFER PORTS.

  Section 2106(a)(2)(B) of the Water Resources Reform and Development 
Act of 2014 (33 U.S.C. 2238c(a)(2)(B)) is amended by striking 
``$15,000,000'' and inserting ``$5,000,000''.

SEC. 108. USE OF HARBOR MAINTENANCE TRUST FUND TO SUPPORT NAVIGATION.

  (a) Availability of Amounts.--Section 210 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2238) is amended--
          (1) in the section heading by striking ``Authorization of 
        appropriations'' and inserting ``Funding for harbor 
        navigation'';
          (2) by redesignating subsections (c), (d), (e), and (f) as 
        subsections (d), (e), (f), and (g), respectively; and
          (3) by inserting after subsection (b) the following:
  ``(c) Use of Collected Funds in Fiscal Year 2027 and Thereafter.--
          ``(1) Use of funds.--In addition to the amounts appropriated 
        under subsections (a) and (b), there shall be available to the 
        Secretary, out of the Harbor Maintenance Trust Fund, without 
        further appropriation, for fiscal year 2027 and each fiscal 
        year thereafter, such sums as may be necessary to carry out the 
        purposes of subsection (a)(2).
          ``(2) Availability of amounts.--Amounts made available under 
        this subsection shall remain available until expended.''.
  (b) Conforming Amendments.--Section 210 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2238) is further amended--
          (1) in subsection (d)(2)(A)(i) (as redesignated by subsection 
        (a)(2) of this section) by striking ``subsection (e)'' and 
        inserting ``subsection (f)'';
          (2) in subsection (e)(3)(B)(i) (as redesignated by subsection 
        (a)(2) of this section) by striking ``subsection (c)(2)(A)'' 
        and inserting ``subsection (d)(2)(A)''; and
          (3) in subsection (f)(2)(A)(ii) (as redesignated by 
        subsection (a)(2) of this section) by striking ``subsection 
        (d)(2)'' and inserting ``subsection (e)(2)''.

SEC. 109. REMOTE AND SUBSISTENCE HARBORS.

  Section 2006 of the Water Resources Development Act of 2007 (33 
U.S.C. 2242) is amended--
          (1) in subsection (a)(3) by inserting ``in which the project 
        is located, or the long-term viability of a community that is 
        located in the region that is served by the project and that 
        will rely on the project,'' after ``community''; and
          (2) in subsection (b)--
                  (A) in paragraph (1) by inserting ``and communities 
                that are located in the region to be served by the 
                project and that will rely on the project'' after 
                ``community'';
                  (B) in paragraph (4) by striking ``local population'' 
                and inserting ``regional population to be served by the 
                project''; and
                  (C) in paragraph (5) by striking ``community'' and 
                inserting ``local community and communities that are 
                located in the region to be served by the project and 
                that will rely on the project''.

SEC. 110. BENEFICIAL USE OF DREDGED MATERIAL.

  (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary shall establish a pilot program to carry out 
projects for the beneficial use of dredged material, including projects 
for the purposes of--
          (1) reducing storm damage to property and infrastructure;
          (2) promoting public safety;
          (3) protecting, restoring, and creating aquatic ecosystem 
        habitats;
          (4) stabilizing stream systems and enhancing shorelines;
          (5) promoting recreation; and
          (6) supporting risk management adaptation strategies.
  (b) Project Selection.--In carrying out the pilot program, the 
Secretary shall--
          (1) identify for inclusion in the pilot program and carry out 
        10 projects for the beneficial use of dredged material;
          (2) consult with relevant State agencies in selecting 
        projects; and
          (3) select projects solely on the basis of--
                  (A) the environmental, economic, and social benefits 
                of the projects, including monetary and nonmonetary 
                benefits; and
                  (B) the need for a diversity of project types and 
                geographical project locations.
  (c) Regional Beneficial Use Teams.--
          (1) In general.--In carrying out the pilot program, the 
        Secretary shall establish regional beneficial use teams to 
        identify and assist in the implementation of projects under the 
        pilot program.
          (2) Composition.--
                  (A) Leadership.--For each regional beneficial use 
                team established under paragraph (1), the Secretary 
                shall appoint the Commander of the relevant division of 
                the Corps of Engineers to serve as the head of the 
                team.
                  (B) Membership.--The membership of each regional 
                beneficial use team shall include--
                          (i) representatives of relevant Corps of 
                        Engineers districts and divisions;
                          (ii) representatives of relevant State and 
                        local agencies; and
                          (iii) representatives of Federal agencies and 
                        such other entities as the Secretary determines 
                        appropriate, consistent with the purposes of 
                        this section.
  (d) Considerations.--The Secretary shall carry out the pilot program 
in a manner that--
          (1) maximizes the beneficial placement of dredged material 
        from Federal and non-Federal navigation channels;
          (2) incorporates, to the maximum extent practicable, 2 or 
        more Federal navigation, flood control, storm damage reduction, 
        or environmental restoration projects;
          (3) coordinates the mobilization of dredges and related 
        equipment, including through the use of such efficiencies in 
        contracting and environmental permitting as can be implemented 
        under existing laws and regulations;
          (4) fosters Federal, State, and local collaboration;
          (5) implements best practices to maximize the beneficial use 
        of dredged sand and other sediments; and
          (6) ensures that the use of dredged material is consistent 
        with all applicable environmental laws.
  (e) Cost Sharing.--Projects carried out under this section shall be 
subject to the cost-sharing requirements applicable to projects carried 
out under section 204 of the Water Resources Development Act of 1992 
(33 U.S.C. 2326).
  (f) Report.--Not later than 2 years after the date of enactment of 
this Act, and annually thereafter, the Secretary shall submit to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report that includes--
          (1) a description of the projects selected to be carried out 
        under the pilot program;
          (2) documentation supporting each of the projects selected;
          (3) the findings of regional beneficial use teams regarding 
        project selection; and
          (4) any recommendations of the Secretary or regional 
        beneficial use teams with respect to the pilot program.
  (g) Termination.--The pilot program shall terminate after completion 
of the 10 projects carried out pursuant to subsection (b)(1).
  (h)  Exemption From Other Standards.--The projects carried out under 
this section shall be carried out notwithstanding the definition of the 
term ``Federal standard'' in section 335.7 of title 33, Code of Federal 
Regulations.
  (i) Clarification.--Section 156(e) of the Water Resources Development 
Act of 1976 (42 U.S.C. 1962d-5f(e)) is amended by striking ``3'' and 
inserting ``6''.

SEC. 111. RESERVOIR SEDIMENT.

  (a) In General.--Section 215 of the Water Resources Development Act 
of 2000 (33 U.S.C. 2326c) is amended to read as follows:

``SEC. 215. RESERVOIR SEDIMENT.

  ``(a) In General.--Not later than 180 days after the date of 
enactment of the Water Resources Development Act of 2016 and after 
providing public notice, the Secretary shall establish, using available 
funds, a pilot program to accept services provided by a non-Federal 
interest or commercial entity for removal of sediment captured behind a 
dam owned or operated by the United States and under the jurisdiction 
of the Secretary for the purpose of restoring the authorized storage 
capacity of the project concerned.
  ``(b) Requirements.--In carrying out this section, the Secretary 
shall--
          ``(1) review the services of the non-Federal interest or 
        commercial entity to ensure that the services are consistent 
        with the authorized purposes of the project concerned;
          ``(2) ensure that the non-Federal interest or commercial 
        entity will indemnify the United States for, or has entered 
        into an agreement approved by the Secretary to address, any 
        adverse impact to the dam as a result of such services;
          ``(3) require the non-Federal interest or commercial entity, 
        prior to initiating the services and upon completion of the 
        services, to conduct sediment surveys to determine the pre- and 
        post-services sediment profile and sediment quality; and
          ``(4) limit the number of dams for which services are 
        accepted to 10.
  ``(c) Limitation.--
          ``(1) In general.--The Secretary may not accept services 
        under subsection (a) if the Secretary, after consultation with 
        the Chief of Engineers, determines that accepting the services 
        is not advantageous to the United States.
          ``(2) Report to congress.--If the Secretary makes a 
        determination under paragraph (1), the Secretary shall provide 
        to the Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committee on Environment and 
        Public Works of the Senate written notice describing the 
        reasoning for the determination.
  ``(d) Disposition of Removed Sediment.--In exchange for providing 
services under subsection (a), a non-Federal interest or commercial 
entity is authorized to retain, use, recycle, sell, or otherwise 
dispose of any sediment removed in connection with the services and the 
Corps of Engineers may not seek any compensation for the value of the 
sediment.
  ``(e) Congressional Notification.--Prior to accepting services 
provided by a non-Federal interest or commercial entity under this 
section, the Secretary shall provide to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate written notice of the 
acceptance of the services.
  ``(f) Report to Congress.--Upon completion of services at the 10 dams 
allowed under subsection (b)(4), the Secretary shall make publicly 
available and submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report documenting the 
results of the services.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) of the 
Water Resources Development Act of 2000 is amended by striking the item 
relating to section 215 and inserting the following:

``Sec. 215. Reservoir sediment.''.

SEC. 112. CONTRIBUTED FUNDS FOR RESERVOIR OPERATIONS.

  Section 5 of the Act of June 22, 1936 (49 Stat. 1572, chapter 688; 33 
U.S.C. 701h), is amended by inserting after ``authorized purposes of 
the project:'' the following: ``Provided further, That the Secretary is 
authorized to receive and expend funds from a State or a political 
subdivision thereof, and other non-Federal interests, to formulate, 
review, or revise operational documents for any reservoir for which the 
Secretary is authorized to prescribe regulations for the use of storage 
allocated for flood risk management or navigation pursuant to section 7 
of the Act of December 22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C. 
709):''.

SEC. 113. WATER SUPPLY CONSERVATION.

  (a) In General.--In a State in which a drought emergency has been 
declared or was in effect during the 1-year period ending on the date 
of enactment of this Act, the Secretary is authorized--
          (1) to conduct an evaluation for purposes of approving water 
        supply conservation measures that are consistent with the 
        authorized purposes of water resources development projects 
        under the jurisdiction of the Secretary; and
          (2) to enter into written agreements pursuant to section 221 
        of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) with non-
        Federal interests to carry out the conservation measures 
        approved by such evaluations.
  (b) Eligibility.--Water supply conservation measures evaluated under 
subsection (a) may include the following:
          (1) Storm water capture.
          (2) Releases for ground water replenishment or aquifer 
        storage and recovery.
          (3) Releases to augment water supply at another Federal or 
        non-Federal storage facility.
          (4) Other conservation measures that enhance usage of a Corps 
        of Engineers project for water supply.
  (c) Costs.--A non-Federal interest shall pay only the separable costs 
associated with the evaluation, implementation, operation, and 
maintenance of an approved water supply conservation measure, which 
payments may be accepted and expended by the Corps of Engineers to 
cover such costs.
  (d) Statutory Construction.--Nothing in this section may be construed 
to modify or alter the obligations of a non-Federal interest under 
existing or future agreements for--
          (1) water supply storage pursuant to section 301 of the Water 
        Supply Act of 1958 (43 U.S.C. 390b); or
          (2) surplus water use pursuant to section 6 of the Act of 
        December 22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C. 708).
  (e) Limitations.--Nothing in this section--
          (1) affects, modifies, or changes the authorized purposes of 
        a Corps of Engineers project;
          (2) affects existing Corps of Engineers authorities, 
        including its authorities with respect to navigation, flood 
        damage reduction, and environmental protection and restoration;
          (3) affects the Corps of Engineers ability to provide for 
        temporary deviations;
          (4) affects the application of a cost-share requirement under 
        section 101, 102, or 103 of the Water Resources Development Act 
        of 1986 (33 U.S.C. 2211, 2212, and 2213);
          (5) supersedes or modifies any written agreement between the 
        Federal Government and a non-Federal interest that is in effect 
        on the date of enactment of this Act;
          (6) supersedes or modifies any amendment to an existing 
        multistate water control plan, including those water control 
        plans along the Missouri River and those water control plans in 
        the Apalachicola-Chattahoochee-Flint and Alabama-Coosa-
        Tallapoosa basins;
          (7) affects any water right in existence on the date of 
        enactment of this Act; or
          (8) preempts or affects any State water law or interstate 
        compact governing water.

SEC. 114. INTERSTATE COMPACTS.

  Section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b) is 
amended by striking subsection (f).

SEC. 115. NONSTRUCTURAL ALTERNATIVES.

  Section 5(a)(1) of the Act of August 18, 1941 (55 Stat. 650, chapter 
377; 33 U.S.C. 701n(a)(1)), is amended by striking ``if requested'' 
each place it appears and inserting ``after consultation with the non-
Federal sponsor and if requested and agreed to''.

SEC. 116. OPERATION AND MAINTENANCE OF ENVIRONMENTAL PROTECTION AND 
                    RESTORATION AND AQUATIC ECOSYSTEM RESTORATION 
                    PROJECTS.

  (a) Non-Federal Obligations.--Notwithstanding section 103(j) of the 
Water Resources Development Act of 1986 (33 U.S.C. 2213(j)), a non-
Federal interest is released from any obligation to operate and 
maintain the nonstructural and nonmechanical components of a water 
resources development project carried out for the purposes of 
environmental protection and restoration or aquatic ecosystem 
restoration, including a project carried out under section 206 of the 
Water Resources Development Act of 1996 (33 U.S.C. 2330) or section 
1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a), 
if the Secretary determines that--
          (1) the 50-year period that began on the date on which 
        project construction was completed has concluded; or
          (2) the criteria identified in the guidance issued under 
        subsection (c) have been met with respect to the project.
  (b) Federal Obligations.--The Secretary is not responsible for the 
operation or maintenance of any components of a project with respect to 
which a non-Federal interest is released from obligations under 
subsection (a).
  (c) Guidance.--In consultation with non-Federal interests, and not 
later than 1 year after the date of enactment of this Act, the 
Secretary shall issue guidance that identifies criteria for 
determining, using the best available science, when the purpose of a 
project for environmental protection and restoration or aquatic 
ecosystem restoration has been achieved, including criteria for 
determining when a project has resulted in the return of the project 
location to a condition where natural hydrologic and ecological 
functions are the predominant factors in the condition, functionality, 
and durability of the location.

SEC. 117. ESTUARY RESTORATION.

  (a) Participation of Non-Federal Interests.--Section 104(f) of the 
Estuary Restoration Act of 2000 (33 U.S.C. 2903(f)) is amended by 
adding at the end the following:
          ``(3) Project agreements.--For a project carried out under 
        this title, the requirements of section 103(j)(1) of the Water 
        Resources Development Act of 1986 (33 U.S.C. 2213(j)(1)) may be 
        fulfilled by a nongovernmental organization serving as the non-
        Federal interest for the project pursuant to paragraph (2).''.
  (b) Extension.--Section 109(a) of the Estuary Restoration Act of 2000 
(33 U.S.C. 2908(a)) is amended by striking ``2012'' each place it 
appears and inserting ``2021''.

SEC. 118. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION.

  Section 506(g) of the Water Resources Development Act of 2000 (42 
U.S.C. 1962d-22(g)) is repealed.

SEC. 119. AGREEMENTS.

  Section 2036(c) of the Water Resources Development Act of 2007 (33 
U.S.C. 2317b) is repealed.

SEC. 120. CORPS OF ENGINEERS OPERATION OF UNMANNED AIRCRAFT SYSTEMS.

  (a) In General.--The Secretary shall designate an individual, within 
the headquarters office of the Corps of Engineers, who shall serve as 
the coordinator and principal approving official for developing the 
process and procedures by which the Corps of Engineers--
          (1) operates and maintains small unmanned aircraft (as 
        defined in section 331 of the FAA Modernization and Reform Act 
        of 2012 (49 U.S.C. 40101 note)) systems in support of civil 
        works and emergency response missions of the Corps of 
        Engineers; and
          (2) acquires, applies for, and receives any necessary Federal 
        Aviation Administration authorizations for such operations and 
        systems.
  (b) Requirements.--A small unmanned aircraft system acquired, 
operated, or maintained for carrying out the missions specified in 
subsection (a) shall be operated in accordance with regulations of the 
Federal Aviation Administration as a civil aircraft or public aircraft, 
at the discretion of the Secretary, and shall be exempt from 
regulations of the Department of Defense, including the Department of 
the Army, governing such system.
  (c) Limitation.--A small unmanned aircraft system acquired, operated, 
or maintained by the Corps of Engineers is excluded from use by the 
Department of Defense, including the Department of the Army, for any 
mission of the Department of Defense other than a mission specified in 
subsection (a).

SEC. 121. FEDERAL DREDGE FLEET.

  (a) Study.--The Comptroller General of the United States shall 
conduct a study on the costs and benefits of expanding, reducing, or 
maintaining the current configuration with respect to the size and 
makeup of the federally owned hopper dredge fleet.
  (b) Factors.--In carrying out the study, the Comptroller General 
shall evaluate--
          (1) the current and anticipated configuration and capacity of 
        the Federal and private hopper dredge fleet;
          (2) the current and anticipated trends for the volume and 
        type of dredge work required over the next 10 years, and the 
        alignment of the size of the existing Federal and private 
        hopper dredge fleet with future dredging needs;
          (3) available historic data on the costs, efficiency, and 
        time required to initiate and complete dredging work carried 
        out by Federal and private hopper dredge fleets, respectively;
          (4) whether the requirements of section 3 of the Act of 
        August 11, 1888 (25 Stat. 423, chapter 860; 33 U.S.C. 622), 
        have any demonstrable impacts on the factors identified in 
        paragraphs (1) through (3), and whether such requirements are 
        most economical and advantageous to the United States; and
          (5) other factors that the Comptroller General determines are 
        necessary to evaluate whether it is economical and advantageous 
        to the United States to expand, reduce, or maintain the current 
        configuration of the federally owned hopper dredge fleet.
  (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit to Congress a report on 
the results of the study.

SEC. 122. CORPS OF ENGINEERS ASSETS.

  Section 6002 of the Water Resources Reform and Development Act of 
2014 (Public Law 113-121; 128 Stat. 1349) is amended--
          (1) in subsection (a) by striking ``the date of enactment of 
        this Act'' and inserting ``the date of enactment of the Water 
        Resources Development Act of 2016''; and
          (2) in subsection (b) by adding at the end the following:
          ``(6) The extent to which the property has economic, 
        cultural, historic, or recreational significance, or impacts at 
        the national, State, or local level.''.

SEC. 123. FUNDING TO PROCESS PERMITS.

  Section 214(a) of the Water Resources Development Act of 2000 (33 
U.S.C. 2352(a)) is amended--
          (1) in paragraph (1) by adding at the end the following:
                  ``(C) Railroad carrier.--The term `railroad carrier' 
                has the meaning given the term in section 20102 of 
                title 49, United States Code.'';
          (2) in paragraph (2)--
                  (A) by striking ``or natural gas company'' and 
                inserting ``, natural gas company, or railroad 
                carrier''; and
                  (B) by striking ``or company'' and inserting ``, 
                company, or carrier'';
          (3) by striking paragraph (3);
          (4) by redesignating paragraphs (4) and (5) as paragraphs (3) 
        and (4), respectively; and
          (5) in paragraph (4) (as so redesignated) by striking ``and 
        natural gas companies'' and inserting ``, natural gas 
        companies, and railroad carriers''.

SEC. 124. CREDIT IN LIEU OF REIMBURSEMENT.

  Section 1022 of the Water Resources Reform and Development Act of 
2014 (33 U.S.C. 2225) is amended--
          (1) in subsection (a) by striking ``that has been constructed 
        by a non-Federal interest under section 211 of the Water 
        Resources Development Act of 1996 (33 U.S.C. 701b-13) before 
        the date of enactment of this Act'' and inserting ``for which a 
        written agreement with the Corps of Engineers for construction 
        was finalized on or before December 31, 2014, under section 211 
        of the Water Resources Development Act of 1996 (33 U.S.C. 701b-
        13)''; and
          (2) in subsection (b) by striking ``share of the cost of the 
        non-Federal interest of carrying out other flood damage 
        reduction projects or studies'' and inserting ``non-Federal 
        share of the cost of carrying out other water resources 
        development projects or studies of the non-Federal interest''.

SEC. 125. CLARIFICATION OF CONTRIBUTIONS DURING EMERGENCY EVENTS.

  Section 1024(a) of the Water Resources Reform and Development Act of 
2014 (33 U.S.C. 2325a(a)) is amended by inserting after ``emergency'' 
the following: ``, or that has had or may have an equipment failure 
(including a failure caused by a lack of or deferred maintenance),''.

SEC. 126. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL 
                    INTERESTS.

  Section 203 of the Water Resources Development Act of 1986 (33 U.S.C. 
2231) is amended by adding at the end the following:
  ``(e) Technical Assistance.--At the request of a non-Federal 
interest, the Secretary may provide to the non-Federal interest 
technical assistance relating to any aspect of a feasibility study if 
the non-Federal interest contracts with the Secretary to pay all costs 
of providing such technical assistance.''.

SEC. 127. NON-FEDERAL CONSTRUCTION OF AUTHORIZED FLOOD DAMAGE REDUCTION 
                    PROJECTS.

  Section 204(d) of the Water Resources Development Act of 1986 (33 
U.S.C. 2232(d)) is amended by adding at the end the following:
          ``(5) Discrete segments.--
                  ``(A) In general.--The Secretary may authorize credit 
                or reimbursement under this subsection for a discrete 
                segment of a flood damage reduction project, or 
                separable element thereof, before final completion of 
                the project or separable element if--
                          ``(i) except as provided in clause (ii), the 
                        Secretary determines that the discrete segment 
                        satisfies the requirements of paragraphs (1) 
                        through (4) in the same manner as the project 
                        or separable element; and
                          ``(ii) notwithstanding paragraph (1)(A)(ii), 
                        the Secretary determines, before the approval 
                        of the plans under paragraph (1)(A)(i), that 
                        the discrete segment is technically feasible 
                        and environmentally acceptable.
                  ``(B) Determination.--Credit or reimbursement may not 
                be made available to a non-Federal interest pursuant to 
                this paragraph until the Secretary determines that--
                          ``(i) the construction of the discrete 
                        segment for which credit or reimbursement is 
                        requested is complete; and
                          ``(ii) the construction is consistent with 
                        the authorization of the applicable flood 
                        damage reduction project, or separable element 
                        thereof, and the plans approved under paragraph 
                        (1)(A)(i).
                  ``(C) Written agreement.--
                          ``(i) In general.--As part of the written 
                        agreement required under paragraph (1)(A)(iii), 
                        a non-Federal interest to be eligible for 
                        credit or reimbursement under this paragraph 
                        shall--
                                  ``(I) identify any discrete segment 
                                that the non-Federal interest may carry 
                                out; and
                                  ``(II) agree to the completion of the 
                                flood damage reduction project, or 
                                separable element thereof, with respect 
                                to which the discrete segment is a part 
                                and establish a timeframe for such 
                                completion.
                          ``(ii) Remittance.--If a non-Federal interest 
                        fails to complete a flood damage reduction 
                        project, or separable element thereof, that it 
                        agreed to complete under clause (i)(II), the 
                        non-Federal interest shall remit any 
                        reimbursements received under this paragraph 
                        for a discrete segment of such project or 
                        separable element.
                  ``(D) Discrete segment defined.--In this paragraph, 
                the term `discrete segment' means a physical portion of 
                a flood damage reduction project, or separable element 
                thereof--
                          ``(i) described by a non-Federal interest in 
                        a written agreement required under paragraph 
                        (1)(A)(iii); and
                          ``(ii) that the non-Federal interest can 
                        operate and maintain, independently and without 
                        creating a hazard, in advance of final 
                        completion of the flood damage reduction 
                        project, or separable element thereof.''.

SEC. 128. MULTISTATE ACTIVITIES.

  Section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 
1962d-16) is amended--
          (1) in subsection (a)(1)--
                  (A) by striking ``or other non-Federal interest'' and 
                inserting ``, group of States, or non-Federal 
                interest'';
                  (B) by inserting ``or group of States'' after 
                ``working with a State''; and
                  (C) by inserting ``or group of States'' after 
                ``boundaries of such State''; and
          (2) in subsection (c)(1) by adding at the end the following: 
        ``The Secretary may allow 2 or more States to combine all or a 
        portion of the funds that the Secretary makes available to the 
        States in carrying out subsection (a)(1).''.

SEC. 129. REGIONAL PARTICIPATION ASSURANCE FOR LEVEE SAFETY ACTIVITIES.

  (a) National Levee Safety Program.--Section 9002 of the Water 
Resources Development Act of 2007 (33 U.S.C. 3301) is amended--
          (1) in paragraph (11) by striking ``State or Indian tribe'' 
        and inserting ``State, regional district, or Indian tribe'';
          (2) by redesignating paragraphs (12) through (16) as 
        paragraphs (13) through (17), respectively; and
          (3) by inserting after paragraph (11) the following:
          ``(12) Regional district.--The term `regional district' means 
        a subdivision of a State government, or a subdivision of 
        multiple State governments, that is authorized to acquire, 
        construct, operate, and maintain projects for the purpose of 
        flood damage reduction.''.
  (b) Inventory and Inspection of Levees.--Section 9004 of the Water 
Resources Development Act of 2007 (33 U.S.C. 3303) is amended--
          (1) in subsection (a)--
                  (A) in paragraph (1) by striking ``one year after the 
                date of enactment of this Act'' and inserting ``1 year 
                after the date of enactment of the Water Resources 
                Development Act of 2016'';
                  (B) in paragraph (2)(A) by striking ``States, Indian 
                tribes, Federal agencies, and other entities'' and 
                inserting ``States, regional districts, Indian tribes, 
                Federal agencies, and other entities''; and
                  (C) in paragraph (3)--
                          (i) in the heading for subparagraph (A) by 
                        striking ``federal, state, and local'' and 
                        inserting ``federal, state, regional, tribal, 
                        and local''; and
                          (ii) in subparagraph (A) by striking 
                        ``Federal, State, and local'' and inserting 
                        ``Federal, State, regional, tribal, and 
                        local''; and
          (2) in subsection (c)--
                  (A) in paragraph (4)--
                          (i) in the paragraph heading by striking 
                        ``State and tribal'' and inserting ``State, 
                        regional, and tribal''; and
                          (ii) by striking ``State or Indian tribe'' 
                        each place it appears and inserting ``State, 
                        regional district, or Indian tribe''; and
                  (B) in paragraph (5)--
                          (i) by striking ``State or Indian tribe'' and 
                        inserting ``State, regional district, or Indian 
                        tribe''; and
                          (ii) by striking ``chief executive of the 
                        tribal government'' and inserting ``chief 
                        executive of the regional district or tribal 
                        government''.
  (c) Levee Safety Initiative.--Section 9005 of the Water Resources 
Development Act of 2007 (33 U.S.C. 3303a) is amended--
          (1) in subsection (c)--
                  (A) in paragraph (1)--
                          (i) in the matter preceding subparagraph 
                        (A)--
                                  (I) by striking ``1 year after the 
                                date of enactment of this subsection'' 
                                and inserting ``1 year after the date 
                                of enactment of the Water Resources 
                                Development Act of 2016''; and
                                  (II) by striking ``State, local, and 
                                tribal governments and organizations'' 
                                and inserting ``State, regional, local, 
                                and tribal governments and 
                                organizations''; and
                          (ii) in subparagraph (A) by striking 
                        ``Federal, State, tribal, and local agencies'' 
                        and inserting ``Federal, State, regional, 
                        local, and tribal agencies'';
                  (B) in paragraph (3)--
                          (i) in subparagraph (A) by striking ``State, 
                        local, and tribal governments'' and inserting 
                        ``State, regional, local, and tribal 
                        governments''; and
                          (ii) in subparagraph (B) by inserting ``, 
                        regional, or tribal'' after ``State'' each 
                        place it appears; and
                  (C) in paragraph (5)(A) by striking ``States, non-
                Federal interests, and other appropriate stakeholders'' 
                and inserting ``States, regional districts, Indian 
                tribes, non-Federal interests, and other appropriate 
                stakeholders'';
          (2) in subsection (e)(1) in the matter preceding subparagraph 
        (A) by striking ``States, communities, and levee owners'' and 
        inserting ``States, regional districts, Indian tribes, 
        communities, and levee owners'';
          (3) in subsection (g)--
                  (A) in the subsection heading by striking ``State and 
                Tribal'' and inserting ``State, Regional, and Tribal'';
                  (B) in paragraph (1)--
                          (i) in subparagraph (A)--
                                  (I) by striking ``1 year after the 
                                date of enactment of this subsection'' 
                                and inserting ``1 year after the date 
                                of enactment of the Water Resources 
                                Development Act of 2016''; and
                                  (II) by striking ``State or tribal'' 
                                and inserting ``State, regional, or 
                                tribal''; and
                          (ii) in subparagraph (B)--
                                  (I) by striking ``State and Indian 
                                tribe'' and inserting ``State, regional 
                                district, and Indian tribe''; and
                                  (II) by striking ``State or Indian 
                                tribe'' and inserting ``State, regional 
                                district, or Indian tribe''; and
                  (C) in paragraph (2)--
                          (i) in the paragraph heading by striking 
                        ``states'' and inserting ``states, regional 
                        districts, and indian tribes'';
                          (ii) in subparagraph (A) by striking ``States 
                        and Indian tribes'' and inserting ``States, 
                        regional districts, and Indian tribes'';
                          (iii) in subparagraph (B)--
                                  (I) in the matter preceding clause 
                                (i) by striking ``State or Indian 
                                tribe'' and inserting ``State, regional 
                                district, or Indian tribe'';
                                  (II) in clause (ii) by striking 
                                ``levees within the State'' and 
                                inserting ``levees within the State or 
                                regional district''; and
                                  (III) in clause (iii) by striking 
                                ``State or Indian tribe'' and inserting 
                                ``State, regional district, or Indian 
                                tribe'';
                          (iv) in subparagraph (C)(ii) in the matter 
                        preceding subclause (I) by striking ``State or 
                        tribal'' and inserting ``State, regional, or 
                        tribal''; and
                          (v) in subparagraph (E)--
                                  (I) by striking ``States and Indian 
                                tribes'' each place it appears and 
                                inserting ``States, regional districts, 
                                and Indian tribes'';
                                  (II) in clause (ii)(II)--
                                          (aa) in the matter preceding 
                                        item (aa) by striking ``State 
                                        or Indian tribe'' and inserting 
                                        ``State, regional district, or 
                                        Indian tribe'';
                                          (bb) in item (aa) by striking 
                                        ``miles of levees in the 
                                        State'' and inserting ``miles 
                                        of levees in the State or 
                                        regional district''; and
                                          (cc) in item (bb) by striking 
                                        ``miles of levees in all 
                                        States'' and inserting ``miles 
                                        of levees in all States and 
                                        regional districts''; and
                                  (III) in clause (iii)--
                                          (aa) by striking ``State or 
                                        Indian tribe'' and inserting 
                                        ``State, regional district, or 
                                        Indian tribe''; and
                                          (bb) by striking ``State or 
                                        tribal'' and inserting ``State, 
                                        regional, or tribal''; and
          (4) in subsection (h)--
                  (A) in paragraph (1) by striking ``States, Indian 
                tribes, and local governments'' and inserting ``States, 
                regional districts, Indian tribes, and local 
                governments'';
                  (B) in paragraph (2)--
                          (i) in the matter preceding subparagraph (A) 
                        by striking ``State, Indian tribe, or local 
                        government'' and inserting ``State, regional 
                        district, Indian tribe, or local government''; 
                        and
                          (ii) in subparagraph (E) in the matter 
                        preceding clause (i) by striking ``State or 
                        tribal'' and inserting ``State, regional, or 
                        tribal'';
                  (C) in paragraph (3)--
                          (i) in subparagraph (A) by striking ``State, 
                        Indian tribe, or local government'' and 
                        inserting ``State, regional district, Indian 
                        tribe, or local government''; and
                          (ii) in subparagraph (D) by striking ``180 
                        days after the date of enactment of this 
                        subsection'' and inserting ``180 days after the 
                        date of enactment of the Water Resources 
                        Development Act of 2016''; and
                  (D) in paragraph (4)(A)(i) by striking ``State or 
                tribal'' and inserting ``State, regional, or tribal''.
  (d) Reports.--Section 9006 of the Water Resources Development Act of 
2007 (33 U.S.C. 3303b) is amended--
          (1) in subsection (a)(1)--
                  (A) in the matter preceding subparagraph (A) by 
                striking ``1 year after the date of enactment of this 
                subsection'' and inserting ``1 year after the date of 
                enactment of the Water Resources Development Act of 
                2016''; and
                  (B) in subparagraph (B) by striking ``State and 
                tribal'' and inserting ``State, regional, and tribal'';
          (2) in subsection (c)--
                  (A) in the matter preceding paragraph (1)--
                          (i) by striking ``2 years after the date of 
                        enactment of this subsection'' and inserting 
                        ``2 years after the date of enactment of the 
                        Water Resources Development Act of 2016''; and
                          (ii) by striking ``State, tribal, and local'' 
                        and inserting ``State, regional, tribal, and 
                        local'';
                  (B) in paragraph (2) by striking ``State and tribal'' 
                and inserting ``State, regional, and tribal''; and
                  (C) in paragraph (4) by striking ``State and local'' 
                and inserting ``State, regional, tribal, and local''; 
                and
          (3) in subsection (d)--
                  (A) in the matter preceding paragraph (1) by striking 
                ``1 year after the date of enactment of this 
                subsection'' and inserting ``1 year after the date of 
                enactment of the Water Resources Development Act of 
                2016''; and
                  (B) in paragraph (2) by striking ``State or tribal'' 
                and inserting ``State, regional, or tribal''.

SEC. 130. PARTICIPATION OF NON-FEDERAL INTERESTS.

  Section 221(b)(1) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b(b)(1)) is amended by inserting ``and, as defined in section 3 of the 
Alaska Native Claims Settlement Act (43 U.S.C. 1602), a Native village, 
Regional Corporation, and Village Corporation'' after ``Indian tribe''.

SEC. 131. INDIAN TRIBES.

  Section 1156 of the Water Resources Development Act of 1986 (33 
U.S.C. 2310) is amended--
          (1) in the section heading by inserting ``and indian tribes'' 
        after ``territories''; and
          (2) in subsection (a)--
                  (A) by striking ``projects in American'' and 
                inserting ``projects--
          ``(1) in American'';
                  (B) by striking the period at the end and inserting 
                ``; and''; and
                  (C) by adding at the end the following:
          ``(2) for a federally recognized Indian tribe.''.

SEC. 132. DISSEMINATION OF INFORMATION ON THE ANNUAL REPORT PROCESS.

  (a) Findings.--Congress finds the following:
          (1) Congress plays a central role in identifying, 
        prioritizing, and authorizing vital water resources 
        infrastructure activities throughout the United States.
          (2) The Water Resources Reform and Development Act of 2014 
        (Public Law 113-121) established a new and transparent process 
        to review and prioritize the water resources development 
        activities of the Corps of Engineers with strong congressional 
        oversight.
          (3) Section 7001 of the Water Resources Reform and 
        Development Act of 2014 (33 U.S.C. 2282d) requires the 
        Secretary to develop and submit to Congress each year a Report 
        to Congress on Future Water Resources Development and, as part 
        of the annual report process, to--
                  (A) publish a notice in the Federal Register that 
                requests from non-Federal interests proposed 
                feasibility studies and proposed modifications to 
                authorized water resources development projects and 
                feasibility studies for inclusion in the report; and
                  (B) review the proposals submitted and include in the 
                report those proposed feasibility studies and proposed 
                modifications that meet the criteria for inclusion 
                established under section 7001.
          (4) Congress will use the information provided in the annual 
        Report to Congress on Future Water Resources Development to 
        determine authorization needs and priorities for purposes of 
        water resources development legislation.
          (5) To ensure that Congress can gain a thorough understanding 
        of the water resources development needs and priorities of the 
        United States, it is important that the Secretary take 
        sufficient steps to ensure that non-Federal interests are made 
        aware of the new annual report process, including the need for 
        non-Federal interests to submit proposals during the 
        Secretary's annual request for proposals in order for such 
        proposals to be eligible for consideration by Congress.
  (b) Dissemination of Process Information.--The Secretary shall 
develop, support, and implement education and awareness efforts for 
non-Federal interests with respect to the annual Report to Congress on 
Future Water Resources Development required under section 7001 of the 
Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d), 
including efforts to--
          (1) develop and disseminate technical assistance materials, 
        seminars, and guidance on the annual process as it relates to 
        non-Federal interests;
          (2) provide written notice to previous and potential non-
        Federal interests and local elected officials on the annual 
        process and on opportunities to address local water resources 
        challenges through the missions and authorities of the Corps of 
        Engineers;
          (3) issue guidance for non-Federal interests to assist such 
        interests in developing proposals for water resources 
        development projects that satisfy the requirements of section 
        7001; and
          (4) provide, at the request of a non-Federal interest, 
        assistance with researching and identifying existing project 
        authorizations and Corps of Engineers decision documents.

SEC. 133. SCOPE OF PROJECTS.

  Section 7001(f) of the Water Resources Reform and Development Act of 
2014 (33 U.S.C. 2282d(f)) is amended by adding at the end the 
following:
          ``(5) Water resources development project.--The term `water 
        resources development project' includes a project under an 
        environmental infrastructure assistance program.''.

SEC. 134. PRELIMINARY FEASIBILITY STUDY ACTIVITIES.

  At the request of a non-Federal interest with respect to a proposed 
water resources development project, the Secretary shall meet with the 
non-Federal interest, prior to initiating a feasibility study relating 
to the proposed project, to review a preliminary analysis of the 
Federal interest in the proposed project and the costs, benefits, and 
environmental impacts of the proposed project, including an estimate of 
the costs of preparing a feasibility report.

SEC. 135. POST-AUTHORIZATION CHANGE REPORTS.

  (a) In General.--The completion of a post-authorization change report 
prepared by the Corps of Engineers for a water resources development 
project--
          (1) may not be delayed as a result of consideration being 
        given to changes in policy or priority with respect to project 
        consideration; and
          (2) shall be submitted, upon completion, to--
                  (A) the Committee on Environment and Public Works of 
                the Senate; and
                  (B) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
  (b) Completion Review.--With respect to a post-authorization change 
report subject to review by the Secretary, the Secretary shall, not 
later than 120 days after the date of completion of such report--
          (1) review the report; and
          (2) provide to Congress any recommendations of the Secretary 
        regarding modification of the applicable water resources 
        development project.
  (c) Prior Reports.--Not later than 120 days after the date of 
enactment of this Act, with respect to any post-authorization change 
report that was completed prior to the date of enactment of this Act 
and is subject to a review by the Secretary that has yet to be 
completed, the Secretary shall complete review of, and provide 
recommendations to Congress with respect to, the report.
  (d) Post-Authorization Change Report Inclusions.--In this section, 
the term ``post-authorization change report'' includes--
          (1) a general reevaluation report;
          (2) a limited reevaluation report; and
          (3) any other report that recommends the modification of an 
        authorized water resources development project.

SEC. 136. MAINTENANCE DREDGING DATA.

  (a) In General.--The Secretary shall establish, maintain, and make 
publicly available a database on maintenance dredging carried out by 
the Secretary, which shall include information on maintenance dredging 
carried out by Federal and non-Federal vessels.
  (b) Scope.--The Secretary shall include in the database maintained 
under subsection (a), for each maintenance dredging project and 
contract, data on--
          (1) the volume of dredged material removed;
          (2) the initial cost estimate of the Corps of Engineers;
          (3) the total cost;
          (4) the party and vessel carrying out the work; and
          (5) the number of private contractor bids received and the 
        bid amounts, including bids that did not win the final contract 
        award.

SEC. 137. ELECTRONIC SUBMISSION AND TRACKING OF PERMIT APPLICATIONS.

  (a) In General.--Section 2040 of the Water Resources Development Act 
of 2007 (33 U.S.C. 2345) is amended to read as follows:

``SEC. 2040. ELECTRONIC SUBMISSION AND TRACKING OF PERMIT APPLICATIONS.

  ``(a) Development of Electronic System.--
          ``(1) In general.--The Secretary shall research, develop, and 
        implement an electronic system to allow the electronic 
        preparation and submission of applications for permits and 
        requests for jurisdictional determinations under the 
        jurisdiction of the Secretary.
          ``(2) Inclusion.--The electronic system required under 
        paragraph (1) shall address--
                  ``(A) applications for standard individual permits;
                  ``(B) applications for letters of permission;
                  ``(C) joint applications with States for State and 
                Federal permits;
                  ``(D) applications for emergency permits;
                  ``(E) applications or requests for jurisdictional 
                determinations; and
                  ``(F) preconstruction notification submissions, when 
                required for a nationwide or other general permit.
          ``(3) Improving existing data systems.--The Secretary shall 
        seek to incorporate the electronic system required under 
        paragraph (1) into existing systems and databases of the Corps 
        of Engineers to the maximum extent practicable.
          ``(4) Protection of information.--The electronic system 
        required under paragraph (1) shall provide for the protection 
        of personal, private, privileged, confidential, and proprietary 
        information, and information the disclosure of which is 
        otherwise prohibited by law.
  ``(b) System Requirements.--The electronic system required under 
subsection (a) shall--
          ``(1) enable an applicant or requester to prepare 
        electronically an application for a permit or request;
          ``(2) enable an applicant or requester to submit to the 
        Secretary, by email or other means through the Internet, the 
        completed application form or request;
          ``(3) enable an applicant or requester to submit to the 
        Secretary, by email or other means through the Internet, data 
        and other information in support of the permit application or 
        request;
          ``(4) provide an online interactive guide to provide 
        assistance to an applicant or requester at any time while 
        filling out the permit application or request; and
          ``(5) enable an applicant or requester (or a designated 
        agent) to track the status of a permit application or request 
        in a manner that will--
                  ``(A) allow the applicant or requester to determine 
                whether the application is pending or final and the 
                disposition of the request;
                  ``(B) allow the applicant or requester to research 
                previously submitted permit applications and requests 
                within a given geographic area and the results of such 
                applications or requests; and
                  ``(C) allow identification and display of the 
                location of the activities subject to a permit or 
                request through a map-based interface.
  ``(c) Documentation.--All permit decisions and jurisdictional 
determinations made by the Secretary shall be in writing and include 
documentation supporting the basis for the decision or determination. 
The Secretary shall prescribe means for documenting all decisions or 
determinations to be made by the Secretary.
  ``(d) Record of Determinations.--
          ``(1) In general.--The Secretary shall maintain, for a 
        minimum of 5 years, a record of all permit decisions and 
        jurisdictional determinations made by the Secretary, including 
        documentation supporting the basis of the decisions and 
        determinations.
          ``(2) Archiving of information.--The Secretary shall explore 
        and implement an appropriate mechanism for archiving records of 
        permit decisions and jurisdictional determinations, including 
        documentation supporting the basis of the decisions and 
        determinations, after the 5-year maintenance period described 
        in paragraph (1).
  ``(e) Availability of Determinations.--
          ``(1) In general.--The Secretary shall make the records of 
        all permit decisions and jurisdictional determinations made by 
        the Secretary available to the public for review and 
        reproduction.
          ``(2) Protection of information.--The Secretary shall provide 
        for the protection of personal, private, privileged, 
        confidential, and proprietary information, and information the 
        disclosure of which is prohibited by law, which may be excluded 
        from disclosure.
  ``(f) Deadline for Electronic System Implementation.--
          ``(1) In general.--The Secretary shall develop and implement, 
        to the maximum extent practicable, the electronic system 
        required under subsection (a) not later than 2 years after the 
        date of enactment of the Water Resources Development Act of 
        2016.
          ``(2) Report on electronic system implementation.--Not later 
        than 180 days after the expiration of the deadline under 
        paragraph (1), the Secretary shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a report describing the measures 
        implemented and barriers faced in carrying out this section.
  ``(g) Applicability.--The requirements described in subsections (c), 
(d), and (e) shall apply to permit applications and requests for 
jurisdictional determinations submitted to the Secretary after the date 
of enactment of the Water Resources Development Act of 2016.
  ``(h) Limitation.--This section shall not preclude the submission to 
the Secretary, acting through the Chief of Engineers, of a physical 
copy of a permit application or a request for a jurisdictional 
determination.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) of the 
Water Resources Development Act of 2007 is amended by striking the item 
relating to section 2040 and inserting the following:

``Sec. 2040. Electronic submission and tracking of permit 
applications.''.

SEC. 138. DATA TRANSPARENCY.

  Section 2017 of the Water Resources Development Act of 2007 (33 
U.S.C. 2342) is amended to read as follows:

``SEC. 2017. ACCESS TO WATER RESOURCE DATA.

  ``(a) In General.--Using available funds, the Secretary shall make 
publicly available, including on the Internet, all data in the custody 
of the Corps of Engineers on--
          ``(1) the planning, design, construction, operation, and 
        maintenance of water resources development projects; and
          ``(2) water quality and water management of projects owned, 
        operated, or managed by the Corps of Engineers.
  ``(b) Limitation.--Nothing in this section may be construed to compel 
or authorize the disclosure of data or other information determined by 
the Secretary to be confidential information, privileged information, 
law enforcement information, national security information, 
infrastructure security information, personal information, or 
information the disclosure of which is otherwise prohibited by law.
  ``(c) Timing.--The Secretary shall ensure that data is made publicly 
available under subsection (a) as quickly as practicable after the data 
is generated by the Corps of Engineers.
  ``(d) Partnerships.--In carrying out this section, the Secretary may 
develop partnerships, including through cooperative agreements, with 
State, tribal, and local governments and other Federal agencies.''.

SEC. 139. BACKLOG PREVENTION.

  (a) Project Deauthorization.--
          (1) In general.--A water resources development project, or 
        separable element of such a project, authorized for 
        construction by this Act shall not be authorized after the last 
        day of the 7-year period beginning on the date of enactment of 
        this Act unless funds have been obligated for construction of 
        such project during that period.
          (2) Identification of projects.--Not later than 60 days after 
        the expiration of the 7-year period referred to in paragraph 
        (1), the Secretary shall submit to the Committee on Environment 
        and Public Works of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report that identifies the projects 
        deauthorized under paragraph (1).
  (b) Report to Congress.--Not later than 60 days after the expiration 
of the 12-year period beginning on the date of enactment of this Act, 
the Secretary shall submit to the Committee on Environment and Public 
Works of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives, and make available to 
the public, a report that contains--
          (1) a list of any water resources development projects 
        authorized by this Act for which construction has not been 
        completed during that period;
          (2) a description of the reasons the projects were not 
        completed;
          (3) a schedule for the completion of the projects based on 
        expected levels of appropriations; and
          (4) a 5-year and 10-year projection of construction backlog 
        and any recommendations to Congress regarding how to mitigate 
        current problems and the backlog.

SEC. 140. QUALITY CONTROL.

  (a) In General.--Paragraph (a) of the first section of the Act of 
December 22, 1944 (58 Stat. 888, chapter 665; 33 U.S.C. 701-1(a)), is 
amended by inserting ``and shall be made publicly available'' before 
the period at the end.
  (b) Project Administration.--Section 2041(b)(1) of the Water 
Resources Development Act of 2007 (33 U.S.C. 2346(b)(1)) is amended by 
inserting ``final post-authorization change report,'' after ``final 
reevaluation report,''.

SEC. 141. BUDGET DEVELOPMENT AND PRIORITIZATION.

  (a) In General.--In conjunction with the President's budget 
submission to Congress with respect to fiscal year 2018 under section 
1105(a) of title 31, United States Code, and biennially thereafter in 
conjunction with the President's budget submission, the Secretary shall 
submit to the Committee on Environment and Public Works and the 
Committee on Appropriations of the Senate and the Committee on 
Transportation and Infrastructure and the Committee on Appropriations 
of the House of Representatives a report that describes--
          (1) the metrics used in developing the civil works budget for 
        the applicable fiscal year;
          (2) the metrics used in developing each business line in the 
        civil works budget; and
          (3) how projects are prioritized in the applicable budget 
        submission, including how the Secretary determines those 
        projects for which construction initiation is recommended.
  (b) Notification.--
          (1) Requirement.--If the Secretary proposes a covered revised 
        budget estimate, the Secretary shall notify, in writing, each 
        Member of Congress representing a congressional district 
        affected by the study, project, or activity subject to the 
        revised estimate.
          (2) Covered revised budget estimate defined.--In this 
        subsection, the term ``covered revised budget estimate'' means 
        a budget estimate for a water resources development study, 
        project, or activity that differs from the estimate most 
        recently specified for that study, project, or activity in a 
        budget of the President submitted under section 1105(a) of 
        title 31, United States Code.

SEC. 142. USE OF NATURAL AND NATURE-BASED FEATURES.

  (a) Report.--Not later than February 1, 2017, and biennially 
thereafter, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate a report on 
the use of natural and nature-based features in water resources 
development projects, including flood risk reduction, coastal 
resiliency, and ecosystem restoration projects.
  (b) Contents.--The report shall include, at a minimum, the following:
          (1) An assessment of the observed and potential impacts of 
        the use of natural and nature-based features on the cost and 
        effectiveness of water resources development projects and any 
        co-benefits resulting from the use of such features.
          (2) A description of any statutory, fiscal, or regulatory 
        barrier to the appropriate consideration and use of natural and 
        nature-based features in carrying out water resources 
        development projects.

SEC. 143. ANNUAL REPORT ON PURCHASE OF FOREIGN MANUFACTURED ARTICLES.

  Section 213(a) of the Water Resources Development Act of 1992 (Public 
Law 102-580; 106 Stat. 4831) is amended by adding at the end the 
following:
          ``(4) Annual report on purchase of foreign manufactured 
        articles.--
                  ``(A) In general.--Not later than 90 days after the 
                last day of each fiscal year, the Secretary shall 
                submit to Congress a report on the amount of 
                acquisitions in such fiscal year made by the Corps of 
                Engineers for civil works projects from entities that 
                manufactured the articles, materials, or supplies 
                outside of the United States.
                  ``(B) Contents.--The report required under 
                subparagraph (A) shall indicate, for each acquisition--
                          ``(i) the dollar value of any articles, 
                        materials, or supplies purchased that were 
                        manufactured outside of the United States; and
                          ``(ii) a summary of the total procurement 
                        funds spent on goods manufactured in the United 
                        States and the total procurement funds spent on 
                        goods manufactured outside of the United 
                        States.
                  ``(C) Public availability.--Not later than 30 days 
                after the submission of a report under subparagraph 
                (A), the Secretary shall make such report publicly 
                available on the agency's Web site.''.

SEC. 144. INTEGRATED WATER RESOURCES PLANNING.

  In carrying out a feasibility study for a water resources development 
project, the Secretary shall coordinate with communities in the 
watershed covered by such study to determine if a local or regional 
water management plan exists or is under development for the purposes 
of stormwater management, water quality improvement, aquifer recharge, 
or water reuse. If such a local or regional water management plan 
exists for the watershed, the Secretary shall, in cooperation with the 
non-Federal sponsor for the plan and affected local public entities, 
avoid adversely affecting the purposes of the plan and, where feasible, 
incorporate the purposes of the plan into the Secretary's feasibility 
study.

SEC. 145. EVALUATION OF PROJECT PARTNERSHIP AGREEMENTS.

  To the maximum extent practicable, the Secretary shall prioritize and 
complete the activities required of the Secretary under section 1013 of 
the Water Resources Reform and Development Act of 2014 (Public Law 113-
121; 128 Stat. 1218).

SEC. 146. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY TRANSFER PORTS.

  Section 2106 of the Water Resources Reform and Development Act of 
2014 (33 U.S.C. 2238c) is amended--
          (1) in subsection (a)(4)(A) by striking ``Code of Federal 
        Regulation'' and inserting ``Code of Federal Regulations''; and
          (2) in subsection (f)--
                  (A) in paragraph (1) by striking ``2018'' and 
                inserting ``2020''; and
                  (B) in paragraph (3)--
                          (i) by striking ``2015 through 2018'' and 
                        inserting ``2016 through 2020''; and
                          (ii) by striking ``2019 through 2022'' and 
                        inserting ``2021 through 2025''.

SEC. 147. ARCTIC DEEP DRAFT PORT DEVELOPMENT PARTNERSHIPS.

  Section 2105 of the Water Resources Reform and Development Act of 
2014 (33 U.S.C. 2243) is amended--
          (1) by striking ``(25 U.S.C. 450b))'' each place it appears 
        and inserting ``(25 U.S.C. 450b)) and Native villages, Regional 
        Corporations, and Village Corporations (as those terms are 
        defined in section 3 of the Alaska Native Claims Settlement Act 
        (43 U.S.C. 1602))'';
          (2) by redesignating subsection (d) as subsection (e); and
          (3) by inserting after subsection (c) the following:
  ``(d) Consideration of National Security Interests.--In carrying out 
a study of the feasibility of an Arctic deep draft port, the Secretary 
shall consult with the Secretary of Homeland Security and the Secretary 
of Defense to identify national security benefits associated with the 
Arctic deep draft port.''.

SEC. 148. INTERNATIONAL OUTREACH PROGRAM.

  Section 401(a) of the Water Resources Development Act of 1992 (33 
U.S.C. 2329(a)) is amended to read as follows:
  ``(a) Authorization.--
          ``(1) In general.--The Secretary may engage in activities to 
        inform the United States of technological innovations abroad 
        that could significantly improve water resources development in 
        the United States.
          ``(2) Inclusions.--Activities under paragraph (1) may 
        include--
                  ``(A) development, monitoring, assessment, and 
                dissemination of information about foreign water 
                resources projects that could significantly improve 
                water resources development in the United States;
                  ``(B) research, development, training, and other 
                forms of technology transfer and exchange; and
                  ``(C) offering technical services that cannot be 
                readily obtained in the private sector to be 
                incorporated into water resources projects if the costs 
                for assistance will be recovered under the terms of 
                each project.''.

SEC. 149. COMPREHENSIVE STUDY.

  (a) In General.--The Secretary shall conduct a comprehensive study on 
the flood risks for vulnerable coastal populations in areas within the 
boundaries of the South Atlantic Division of the Corps of Engineers.
  (b) Inclusions.--In carrying out the study, the Secretary shall 
identify--
          (1) activities that warrant additional analysis by the Corps 
        of Engineers; and
          (2) institutional and other barriers to providing protection 
        to the vulnerable coastal populations.
  (c) Coordination.--The Secretary shall conduct the study in 
coordination with appropriate Federal agencies and State, local, and 
tribal entities to ensure consistency with related plans.
  (d) Authorization of Appropriations.--There is authorized to be 
appropriated $6,000,000 to carry out this section.

SEC. 150. ALTERNATIVE MODELS FOR MANAGING INLAND WATERWAYS TRUST FUND.

  (a) Study.--The Comptroller General of the United States shall 
conduct a study to analyze alternative models for managing the Inland 
Waterways Trust Fund, including the management of--
          (1) project schedules for projects receiving assistance from 
        the fund; and
          (2) expenditures from the fund.
  (b) Contents.--In conducting the study, the Comptroller General shall 
examine, at a minimum, the costs and benefits of transferring 
management of the fund to a not-for-profit corporation or government-
owned corporation.
  (c) Considerations.--In assessing costs and benefits under subsection 
(b), the Comptroller General shall consider, among other factors--
          (1) the benefits to the taxpayer;
          (2) the impact on project delivery; and
          (3) the impact on jobs.
  (d) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit to Congress a report on 
the results of the study.

SEC. 151. ALTERNATIVE PROJECTS TO MAINTENANCE DREDGING.

  The Secretary may enter into agreements to assume the operation and 
maintenance costs of an alternative project to maintenance dredging for 
a channel if the alternative project would lower the overall costs of 
maintaining the channel.

SEC. 152. FISH HATCHERIES.

  (a) In General.--Notwithstanding any other provision of law, the 
Secretary may operate a fish hatchery for the purpose of restoring a 
population of fish species located in the region surrounding the fish 
hatchery that is listed as a threatened species or an endangered 
species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) or a similar State law.
  (b) Costs.--A non-Federal entity, a Federal agency other than the 
Department of Defense, or a group of non-Federal entities or such 
Federal agencies shall be responsible for 100 percent of the costs 
associated with managing a fish hatchery for the purpose described in 
subsection (a) that are not authorized as of the date of enactment of 
this Act for the fish hatchery.

SEC. 153. ENVIRONMENTAL BANKS.

  (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Chairperson of the Gulf Coast Ecosystem 
Restoration Council, with the concurrence of two-thirds of the Council, 
shall issue such regulations as are necessary for the establishment of 
procedures and processes for the use, maintenance, and oversight of 
environmental banks for purposes of mitigating adverse environmental 
impacts sustained by construction or other activities as required by 
law or regulation.
  (b) Requirements.--The regulations issued pursuant to subsection (a) 
shall--
          (1) set forth procedures for certification of environmental 
        banks, including criteria for adoption of an environmental 
        banking instrument;
          (2) provide a mechanism for the transfer of environmental 
        credits;
          (3) provide for priority certification to environmental banks 
        that enhance the resilience of coastal resources to inundation 
        and coastal erosion, including the restoration of resources 
        within the scope of a project authorized for construction;
          (4) ensure certification is given only to banks with secured 
        adequate financial assurance and appropriate legally 
        enforceable protection for restored lands or resources;
          (5) stipulate conditions under which cross-crediting of 
        environmental services may occur and provide standards for the 
        conversion of such crediting;
          (6) establish performance criteria for environmental banks;
          (7) establish criteria for the operation and monitoring of 
        environmental banks; and
          (8) establish a framework whereby the purchase of credit from 
        an environmental bank may be used to offset or satisfy past, 
        current, or future adverse environmental impacts or liability 
        under law to wetlands, water, wildlife, or other natural 
        resources.
  (c) Consideration.--In developing the regulations required under 
subsection (a), the Chairperson shall take into consideration habitat 
equivalency analysis.
  (d) Modifications.--The Chairperson may modify or update the 
regulations issued pursuant to this section, subject to appropriate 
consultation and public participation, provided that two-thirds of the 
Gulf Coast Ecosystem Restoration Council approves the modification or 
update.
  (e) Definition of Environmental Bank.--In this section, the term 
``environmental bank'' means a project, project increment, or projects 
for purposes of restoring, creating, enhancing, or preserving natural 
resources in a designated site to provide for credits to offset adverse 
environmental impacts.
  (f) Savings Clause.--Nothing in this section--
          (1) affects the requirements of section 906 of the Water 
        Resources Development Act of 1986 (33 U.S.C. 2283); or
          (2) affects the obligations or requirements of any Federal 
        environmental law.

                           TITLE II--STUDIES

SEC. 201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.

  The Secretary is authorized to conduct a feasibility study for the 
following projects for water resources development and conservation and 
other purposes, as identified in the reports titled ``Report to 
Congress on Future Water Resources Development'' submitted to Congress 
on January 29, 2015, and January 29, 2016, respectively, pursuant to 
section 7001 of the Water Resources Reform and Development Act of 2014 
(33 U.S.C. 2282d) or otherwise reviewed by Congress:
          (1) Ouachita-black rivers, arkansas and louisiana.--Project 
        for navigation, Ouachita-Black Rivers, Arkansas and Louisiana.
          (2) Cache creek settling basin, california.--Project for 
        flood damage reduction and ecosystem restoration, Cache Creek 
        Settling Basin, California.
          (3) Coyote valley dam, california.--Project for flood damage 
        reduction, environmental restoration, and water supply, Coyote 
        Valley Dam, California.
          (4) Del rosa channel, city of san bernardino, california.--
        Project for flood damage reduction and ecosystem restoration, 
        Del Rosa Channel, city of San Bernardino, California.
          (5) Merced county streams, california.--Project for flood 
        damage reduction, Merced County Streams, California.
          (6) Mission-zanja channel, cities of san bernardino and 
        redlands, california.--Project for flood damage reduction and 
        ecosystem restoration, Mission-Zanja Channel, cities of San 
        Bernardino and Redlands, California.
          (7) Soboba indian reservation, california.--Project for flood 
        damage reduction, Soboba Indian Reservation, California.
          (8) Indian river inlet, delaware.--Project for hurricane and 
        storm damage reduction, Indian River Inlet, Delaware.
          (9) Lewes beach, delaware.--Project for hurricane and storm 
        damage reduction, Lewes Beach, Delaware.
          (10) Mispillion complex, kent and sussex counties, 
        delaware.--Project for hurricane and storm damage reduction, 
        Mispillion Complex, Kent and Sussex Counties, Delaware.
          (11) Daytona beach, florida.--Project for flood damage 
        reduction, Daytona Beach, Florida.
          (12) Brunswick harbor, georgia.--Project for navigation, 
        Brunswick Harbor, Georgia.
          (13) Dubuque, iowa.--Project for flood damage reduction, 
        Dubuque, Iowa.
          (14) St. tammany parish, louisiana.--Project for flood damage 
        reduction and ecosystem restoration, St. Tammany Parish, 
        Louisiana.
          (15) Cattaraugus creek, new york.--Project for flood damage 
        reduction, Cattaraugus Creek, New York.
          (16) Cayuga inlet, ithaca, new york.--Project for navigation 
        and flood damage reduction, Cayuga Inlet, Ithaca, New York.
          (17) Delaware river basin, new york, new jersey, 
        pennsylvania, and delaware.--Projects for flood control, 
        Delaware River Basin, New York, New Jersey, Pennsylvania, and 
        Delaware, authorized by section 408 of the Act of July 24, 1946 
        (60 Stat. 644, chapter 596), and section 203 of the Flood 
        Control Act of 1962 (76 Stat. 1182), to review operations of 
        the projects to enhance opportunities for ecosystem restoration 
        and water supply.
          (18) Silver creek, hanover, new york.--Project for flood 
        damage reduction and ecosystem restoration, Silver Creek, 
        Hanover, New York.
          (19) Tulsa and west tulsa levees, tulsa, oklahoma.--Project 
        for flood damage reduction, Tulsa and West Tulsa Levees, Tulsa, 
        Oklahoma.
          (20) Stonycreek and little conemaugh rivers, pennsylvania.--
        Project for flood damage reduction and recreation, Stonycreek 
        and Little Conemaugh Rivers, Pennsylvania.
          (21) Tioga-hammond lake, pennsylvania.--Project for ecosystem 
        restoration, Tioga-Hammond Lake, Pennsylvania.
          (22) Brazos river, fort bend county, texas.--Project for 
        flood damage reduction in the vicinity of the Brazos River, 
        Fort Bend County, Texas.
          (23) Chacon creek, city of laredo, texas.--Project for flood 
        damage reduction, ecosystem restoration, and recreation, Chacon 
        Creek, city of Laredo, Texas.
          (24) Corpus christi ship channel, texas.--Project for 
        navigation, Corpus Christi Ship Channel, Texas.
          (25) City of el paso, texas.--Project for flood damage 
        reduction, city of El Paso, Texas.
          (26) Gulf intracoastal waterway, brazoria and matagorda 
        counties, texas.--Project for navigation and hurricane and 
        storm damage reduction, Gulf Intracoastal Waterway, Brazoria 
        and Matagorda Counties, Texas.
          (27) Port of bay city, texas.--Project for navigation, Port 
        of Bay City, Texas.
          (28) Chincoteague island, virginia.--Project for hurricane 
        and storm damage reduction, navigation, and ecosystem 
        restoration, Chincoteague Island, Virginia.
          (29) Burley creek watershed, kitsap county, washington.--
        Project for flood damage reduction and ecosystem restoration, 
        Burley Creek Watershed, Kitsap County, Washington.

SEC. 202. EXPEDITED COMPLETION OF REPORTS FOR CERTAIN PROJECTS.

  (a) Feasibility Reports.--The Secretary shall expedite the completion 
of a feasibility study for each of the following projects, and if the 
Secretary determines that the project is justified in a completed 
report, may proceed directly to preconstruction planning, engineering, 
and design of the project:
          (1) Project for flood risk management, Little Colorado River 
        at Winslow, Navajo County, Arizona.
          (2) Project for flood risk management, Lower San Joaquin 
        River, California. In carrying out the feasibility study for 
        the project, the Secretary shall include Reclamation District 
        17 as part of the study.
          (3) Project for flood risk management and ecosystem 
        restoration, Sacramento River Flood Control System, California.
          (4) Project for hurricane and storm damage risk reduction, 
        Ft. Pierce, Florida.
          (5) Project for flood risk management, Des Moines and Raccoon 
        Rivers, Iowa.
          (6) Project for navigation, Mississippi River Ship Channel, 
        Louisiana.
          (7) Project for flood risk management, North Branch Ecorse 
        Creek, Wayne County, Michigan.
          (8) Project for flood risk management, Rahway River Basin 
        (Upper Basin), New Jersey.
          (9) Project for navigation, Upper Ohio River, Pennsylvania.
  (b) Post-Authorization Change Reports.--The Secretary shall expedite 
completion of a post-authorization change report for each of the 
following projects:
          (1) Project for flood risk management, Swope Park Industrial 
        Area, Kansas City, Missouri.
          (2) Project for hurricane and storm damage risk reduction, 
        New Hanover County, North Carolina.

           TITLE III--DEAUTHORIZATIONS AND RELATED PROVISIONS

SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS.

  (a) Purposes.--The purposes of this section are--
          (1) to identify $5,000,000,000 in water resources development 
        projects authorized by Congress that are no longer viable for 
        construction due to--
                  (A) a lack of local support;
                  (B) a lack of available Federal or non-Federal 
                resources; or
                  (C) an authorizing purpose that is no longer relevant 
                or feasible;
          (2) to create an expedited and definitive process for 
        Congress to deauthorize water resources development projects 
        that are no longer viable for construction; and
          (3) to allow the continued authorization of water resources 
        development projects that are viable for construction.
  (b) Interim Deauthorization List.--
          (1) In general.--The Secretary shall develop an interim 
        deauthorization list that identifies--
                  (A) each water resources development project, or 
                separable element of a project, authorized for 
                construction before November 8, 2007, for which--
                          (i) planning, design, or construction was not 
                        initiated before the date of enactment of this 
                        Act; or
                          (ii) planning, design, or construction was 
                        initiated before the date of enactment of this 
                        Act, but for which no funds, Federal or non-
                        Federal, were obligated for planning, design, 
                        or construction of the project or separable 
                        element of the project during the current 
                        fiscal year or any of the 6 preceding fiscal 
                        years; and
                  (B) each project or separable element identified and 
                included on a list to Congress for deauthorization 
                pursuant to section 1001(b)(2) of the Water Resources 
                Development Act of 1986 (33 U.S.C. 579a(b)(2)).
          (2) Public comment and consultation.--
                  (A) In general.--The Secretary shall solicit comments 
                from the public and the Governors of each applicable 
                State on the interim deauthorization list developed 
                under paragraph (1).
                  (B) Comment period.--The public comment period shall 
                be 90 days.
          (3) Submission to congress; publication.--Not later than 90 
        days after the date of the close of the comment period under 
        paragraph (2), the Secretary shall--
                  (A) submit a revised interim deauthorization list to 
                the Committee on Environment and Public Works of the 
                Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives; and
                  (B) publish the revised interim deauthorization list 
                in the Federal Register.
  (c) Final Deauthorization List.--
          (1) In general.--The Secretary shall develop a final 
        deauthorization list of water resources development projects, 
        or separable elements of projects, from the revised interim 
        deauthorization list described in subsection (b)(3).
          (2) Deauthorization amount.--
                  (A) Proposed final list.--The Secretary shall prepare 
                a proposed final deauthorization list of projects and 
                separable elements of projects that have, in the 
                aggregate, an estimated Federal cost to complete that 
                is at least $5,000,000,000.
                  (B) Determination of federal cost to complete.--For 
                purposes of subparagraph (A), the Federal cost to 
                complete shall take into account any allowances 
                authorized by section 902 of the Water Resources 
                Development Act of 1986 (33 U.S.C. 2280), as applied to 
                the most recent project schedule and cost estimate.
          (3) Identification of projects.--
                  (A) Sequencing of projects.--
                          (i) In general.--The Secretary shall identify 
                        projects and separable elements of projects for 
                        inclusion on the proposed final deauthorization 
                        list according to the order in which the 
                        projects and separable elements of the projects 
                        were authorized, beginning with the earliest 
                        authorized projects and separable elements of 
                        projects and ending with the latest project or 
                        separable element of a project necessary to 
                        meet the aggregate amount under paragraph (2).
                          (ii) Factors to consider.--The Secretary may 
                        identify projects and separable elements of 
                        projects in an order other than that 
                        established by clause (i) if the Secretary 
                        determines, on a case-by-case basis, that a 
                        project or separable element of a project is 
                        critical for interests of the United States, 
                        based on the possible impact of the project or 
                        separable element of the project on public 
                        health and safety, the national economy, or the 
                        environment.
                          (iii) Consideration of public comments.--In 
                        making determinations under clause (ii), the 
                        Secretary shall consider any comments received 
                        under subsection (b)(3).
                  (B) Appendix.--The Secretary shall include as part of 
                the proposed final deauthorization list an appendix 
                that--
                          (i) identifies each project or separable 
                        element of a project on the interim 
                        deauthorization list developed under subsection 
                        (b) that is not included on the proposed final 
                        deauthorization list; and
                          (ii) describes the reasons why the project or 
                        separable element is not included on the 
                        proposed final list.
          (4) Public comment and consultation.--
                  (A) In general.--The Secretary shall solicit comments 
                from the public and the Governor of each applicable 
                State on the proposed final deauthorization list and 
                appendix developed under paragraphs (2) and (3).
                  (B) Comment period.--The public comment period shall 
                be 90 days.
          (5) Submission of final list to congress; publication.--Not 
        later than 120 days after the date of the close of the comment 
        period under paragraph (4), the Secretary shall--
                  (A) submit a final deauthorization list and an 
                appendix to the final deauthorization list in a report 
                to the Committee on Environment and Public Works of the 
                Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives; and
                  (B) publish the final deauthorization list and the 
                appendix to the final deauthorization list in the 
                Federal Register.
  (d) Deauthorization; Congressional Review.--
          (1) In general.--After the expiration of the 180-day period 
        beginning on the date of submission of the final 
        deauthorization list and appendix under subsection (c), a 
        project or separable element of a project identified in the 
        final deauthorization list is hereby deauthorized, unless 
        Congress passes a joint resolution disapproving the final 
        deauthorization list prior to the end of such period.
          (2) Non-federal contributions.--
                  (A) In general.--A project or separable element of a 
                project identified in the final deauthorization list 
                under subsection (c) shall not be deauthorized under 
                this subsection if, before the expiration of the 180-
                day period referred to in paragraph (1), the non-
                Federal interest for the project or separable element 
                of the project provides sufficient funds to complete 
                the project or separable element of the project.
                  (B) Treatment of projects.--Notwithstanding 
                subparagraph (A), each project and separable element of 
                a project identified in the final deauthorization list 
                shall be treated as deauthorized for purposes of the 
                aggregate deauthorization amount specified in 
                subsection (c)(2).
          (3) Projects identified in appendix.--A project or separable 
        element of a project identified in the appendix to the final 
        deauthorization list shall remain subject to future 
        deauthorization by Congress.
  (e) Special Rule for Projects Receiving Funds for Post-Authorization 
Study.--A project or separable element of a project may not be 
identified on the interim deauthorization list developed under 
subsection (b), or the final deauthorization list developed under 
subsection (c), if the project or separable element received funding 
for a post-authorization study during the current fiscal year or any of 
the 6 preceding fiscal years.
  (f) General Provisions.--
          (1) Definitions.--In this section, the following definitions 
        apply:
                  (A) Post-authorization study.--The term ``post-
                authorization study'' means--
                          (i) a feasibility report developed under 
                        section 905 of the Water Resources Development 
                        Act of 1986 (33 U.S.C. 2282);
                          (ii) a feasibility study, as defined in 
                        section 105(d) of the Water Resources 
                        Development Act of 1986 (33 U.S.C. 2215(d)); or
                          (iii) a review conducted under section 216 of 
                        the Flood Control Act of 1970 (33 U.S.C. 549a), 
                        including an initial appraisal that--
                                  (I) demonstrates a Federal interest; 
                                and
                                  (II) requires additional analysis for 
                                the project or separable element.
                  (B) Water resources development project.--The term 
                ``water resources development project'' includes an 
                environmental infrastructure assistance project or 
                program of the Corps of Engineers.
          (2) Treatment of project modifications.--For purposes of this 
        section, if an authorized water resources development project 
        or separable element of the project has been modified by an Act 
        of Congress, the date of the authorization of the project or 
        separable element shall be deemed to be the date of the most 
        recent such modification.

SEC. 302. VALDEZ, ALASKA.

  (a) In General.--Subject to subsection (b), the portion of the 
project for navigation, Valdez, Alaska, identified as Tract G, Harbor 
Subdivision, shall not be subject to navigational servitude beginning 
on the date of enactment of this Act.
  (b) Entry by Federal Government.--The Federal Government may enter 
upon the property referred to in subsection (a) to carry out any 
required operation and maintenance of the general navigation features 
of the project referred to in subsection (a).

SEC. 303. LOS ANGELES COUNTY DRAINAGE AREA, LOS ANGELES COUNTY, 
                    CALIFORNIA.

  (a) In General.--The Secretary shall--
          (1) prioritize the updating of the Water Control Manuals for 
        control structures in the Los Angeles County Drainage Area, Los 
        Angeles County, California, authorized by section 101(b) of the 
        Water Resources Development Act of 1990 (Public Law 101-640; 
        104 Stat. 4611); and
          (2) integrate and incorporate into the project seasonal 
        operations for water conservation and water supply.
  (b) Participation.--The update referred to in subsection (a) shall be 
done in coordination with all appropriate Federal agencies, elected 
officials, and members of the public.

SEC. 304. SUTTER BASIN, CALIFORNIA.

  (a) In General.--The separable element constituting the locally 
preferred plan increment reflected in the report of the Chief of 
Engineers dated March 12, 2014, and authorized for construction in item 
8 of the table contained in section 7002(2) of the Water Resources 
Reform and Development Act of 2014 (Public Law 113-121; 128 Stat. 1366) 
is no longer authorized beginning on the date of enactment of this Act.
  (b) Savings Provisions.--The deauthorization under subsection (a) 
does not affect--
          (1) the national economic development plan separable element 
        reflected in the report of the Chief of Engineers dated March 
        12, 2014, and authorized for construction in item 8 of the 
        table contained in section 7002(2) of the Water Resources 
        Reform and Development Act of 2014 (Public Law 113-121; 128 
        Stat. 1366); or
          (2) previous authorizations providing for the Sacramento 
        River and major and minor tributaries project, including--
                  (A) section 2 of the Act of March 1, 1917 (39 Stat. 
                949, chapter 144);
                  (B) section 12 of the Act of December 22, 1944 (58 
                Stat. 900, chapter 665);
                  (C) section 204 of the Flood Control Act of 1950 (64 
                Stat. 177, chapter 188); and
                  (D) any other Acts relating to the authorization for 
                the Sacramento River and major and minor tributaries 
                project along the Feather River right bank between 
                levee stationing 1483+33 and levee stationing 2368+00.

SEC. 305. ESSEX RIVER, MASSACHUSETTS.

  (a) Deauthorization.--The portions of the project for navigation, 
Essex River, Massachusetts, authorized by the Act of July 13, 1892 (27 
Stat. 88, chapter 158), and modified by the Act of March 3, 1899 (30 
Stat. 1121, chapter 425), and the Act of March 2, 1907 (34 Stat. 1073, 
chapter 2509), that do not lie within the areas described in subsection 
(b) are no longer authorized beginning on the date of enactment of this 
Act.
  (b) Description of Project Areas.--The areas described in this 
subsection are as follows: Beginning at a point N3056139.82 E851780.21, 
thence southwesterly about 156.88 feet to a point N3055997.75 
E851713.67; thence southwesterly about 64.59 feet to a point 
N3055959.37 E851661.72; thence southwesterly about 145.14 feet to a 
point N3055887.10 E851535.85; thence southwesterly about 204.91 feet to 
a point N3055855.12 E851333.45; thence northwesterly about 423.50 feet 
to a point N3055976.70 E850927.78; thence northwesterly about 58.77 
feet to a point N3056002.99 E850875.21; thence northwesterly about 
240.57 feet to a point N3056232.82 E850804.14; thence northwesterly 
about 203.60 feet to a point N3056435.41 E850783.93; thence 
northwesterly about 78.63 feet to a point N3056499.63 E850738.56; 
thence northwesterly about 60.00 feet to a point N3056526.30 
E850684.81; thence southwesterly about 85.56 feet to a point 
N3056523.33 E850599.31; thence southwesterly about 36.20 feet to a 
point N3056512.37 E850564.81; thence southwesterly about 80.10 feet to 
a point N3056467.08 E850498.74; thence southwesterly about 169.05 feet 
to a point N3056334.36 E850394.03; thence northwesterly about 48.52 
feet to a point N3056354.38 E850349.83; thence northeasterly about 
83.71 feet to a point N3056436.35 E850366.84; thence northeasterly 
about 212.38 feet to a point N3056548.70 E850547.07; thence 
northeasterly about 47.60 feet to a point N3056563.12 E850592.43; 
thence northeasterly about 101.16 feet to a point N3056566.62 
E850693.53; thence southeasterly about 80.22 feet to a point 
N3056530.97 E850765.40; thence southeasterly about 99.29 feet to a 
point N3056449.88 E850822.69; thence southeasterly about 210.12 feet to 
a point N3056240.79 E850843.54; thence southeasterly about 219.46 feet 
to a point N3056031.13 E850908.38; thence southeasterly about 38.23 
feet to a point N3056014.02 E850942.57; thence southeasterly about 
410.93 feet to a point N3055896.06 E851336.21; thence northeasterly 
about 188.43 feet to a point N3055925.46 E851522.33; thence 
northeasterly about 135.47 feet to a point N3055992.91 E851639.80; 
thence northeasterly about 52.15 feet to a point N3056023.90 
E851681.75; thence northeasterly about 91.57 feet to a point 
N3056106.82 E851720.59.

SEC. 306. PORT OF CASCADE LOCKS, OREGON.

  (a) Extinguishment of Portions of Existing Flowage Easement.--With 
respect to the properties described in subsection (b), beginning on the 
date of enactment of this Act, the flowage easements described in 
subsection (c) are extinguished above elevation 82.2 feet (NGVD29), the 
ordinary high water line.
  (b) Affected Properties.--The properties described in this 
subsection, as recorded in Hood River County, Oregon, are as follows:
          (1) Lots 3, 4, 5, and 7 of the ``Port of Cascade Locks 
        Business Park'' subdivision, Instrument Number 2014-00436.
          (2) Parcels 1, 2, and 3 of Hood River County Partition, Plat 
        Number 2008-25P.
  (c) Flowage Easements.--The flowage easements described in this 
subsection are identified as Tracts 302E-1 and 304E-1 on the easement 
deeds recorded as instruments in Hood River County, Oregon, and 
described as follows:
          (1) A flowage easement dated October 3, 1936, recorded 
        December 1, 1936, book 25, page 531 (Records of Hood River 
        County, Oregon), in favor of the United States (302E-1-
        Perpetual Flowage Easement from 10/5/37, 10/5/36, and 10/3/36; 
        previously acquired as Tracts OH-36 and OH-41 and a portion of 
        Tract OH-47).
          (2) A flowage easement dated October 5, 1936, recorded 
        October 17, 1936, book 25, page 476 (Records of Hood River 
        County, Oregon), in favor of the United States, affecting that 
        portion below the 94-foot contour line above main sea level 
        (304 E1-Perpetual Flowage Easement from 8/10/37 and 10/3/36; 
        previously acquired as Tract OH-042 and a portion of Tract OH-
        47).
  (d) Federal Liabilities; Cultural, Environmental, and Other 
Regulatory Reviews.--
          (1) Federal liability.--The United States shall not be liable 
        for any injury caused by the extinguishment of an easement 
        under this section.
          (2) Cultural and environmental regulatory actions.--Nothing 
        in this section establishes any cultural or environmental 
        regulation relating to the properties described in subsection 
        (b).
  (e) Effect on Other Rights.--Nothing in this section affects any 
remaining right or interest of the Corps of Engineers in the properties 
described in subsection (b).

SEC. 307. CENTRAL DELAWARE RIVER, PHILADELPHIA, PENNSYLVANIA.

  (a) Area To Be Declared Nonnavigable.--Subject to subsection (c), 
unless the Secretary finds, after consultation with local and regional 
public officials (including local and regional public planning 
organizations), that there are substantive objections, those portions 
of the Delaware River, bounded by the former bulkhead and pierhead 
lines that were established by the Secretary of War and successors and 
described as follows, are declared to be nonnavigable waters of the 
United States:
          (1) Piers 70 South through 38 South, encompassing an area 
        bounded by the southern line of Moore Street extended to the 
        northern line of Catherine Street extended, including the 
        following piers: Piers 70, 68, 67, 64, 61-63, 60, 57, 55, 53, 
        48, 46, 40, and 38.
          (2) Piers 24 North through 72 North, encompassing an area 
        bounded by the southern line of Callowhill Street extended to 
        the northern line of East Fletcher Street extended, including 
        the following piers: Piers 24, 25, 27-35, 35.5, 36, 37, 38, 39, 
        49, 51-52, 53-57, 58-65, 66, 67, 69, 70-72, and Rivercenter.
  (b) Public Interest Determination.--The Secretary shall make the 
public interest determination under subsection (a) separately for each 
proposed project to be undertaken within the boundaries described in 
subsection (a), using reasonable discretion, not later than 150 days 
after the date of submission of appropriate plans for the proposed 
project.
  (c) Limits on Applicability; Regulatory Requirements.--The 
declaration under subsection (a) shall apply only to those parts of the 
areas described in subsection (a) that are or will be bulkheaded and 
filled or otherwise occupied by permanent structures, including marina 
and recreation facilities. All such work is subject to all applicable 
Federal statutes and regulations, including sections 9 and 10 of the 
Act of March 3, 1899 (30 Stat. 1151, chapter 425; 33 U.S.C. 401 and 
403), section 404 of the Federal Water Pollution Control Act (33 U.S.C. 
1344), and the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.).

SEC. 308. HUNTINGDON COUNTY, PENNSYLVANIA.

  (a) In General.--The Secretary shall--
          (1) prioritize the updating of the Master Plan for the 
        Juniata River and tributaries project, Huntingdon County, 
        Pennsylvania, authorized by section 203 of the Flood Control 
        Act of 1962 (Public Law 87-874; 76 Stat. 1182); and
          (2) ensure that alternatives for additional recreation access 
        and development at the project are fully assessed, evaluated, 
        and incorporated as a part of the update.
  (b) Participation.--The update referred to in subsection (a) shall be 
done in coordination with all appropriate Federal agencies, elected 
officials, and members of the public.

SEC. 309. RIVERCENTER, PHILADELPHIA, PENNSYLVANIA.

  Section 38(c) of the Water Resources Development Act of 1988 (33 
U.S.C. 59j-1(c)) is amended--
          (1) by striking ``(except 30 years from such date of 
        enactment, in the case of the area or any part thereof 
        described in subsection (a)(5))''; and
          (2) by adding at the end the following: ``Notwithstanding the 
        preceding sentence, the declaration of nonnavigability for the 
        area described in subsection (a)(5), or any part thereof, shall 
        not expire.''.

SEC. 310. JOE POOL LAKE, TEXAS.

  The Secretary shall accept from the Trinity River Authority of Texas, 
if received by September 30, 2016, $31,233,401 as payment in full of 
amounts owed to the United States, including any accrued interest, for 
the approximately 61,747.1 acre-feet of water supply storage space in 
Joe Pool Lake, Texas (previously known as Lakeview Lake), for which 
payment has not commenced under Article 5.a. (relating to project 
investment costs) of contract number DACW63-76-C-0106, as of the date 
of enactment of this Act.

SEC. 311. SALT CREEK, GRAHAM, TEXAS.

  (a) In General.--The project for flood control, environmental 
restoration, and recreation, Salt Creek, Graham, Texas, authorized by 
section 101(a)(30) of the Water Resources Development Act of 1999 
(Public Law 106-53; 113 Stat. 278), is no longer authorized as a 
Federal project beginning on the date of enactment of this Act.
  (b) Certain Project-Related Claims.--The non-Federal interest for the 
project shall hold and save the United States harmless from any claim 
that has arisen, or that may arise, in connection with the project.
  (c) Transfer.--The Secretary is authorized to transfer any land 
acquired by the Federal Government for the project on behalf of the 
non-Federal interest that remains in Federal ownership on or after the 
date of enactment of this Act to the non-Federal interest.
  (d) Reversion.--If the Secretary determines that land transferred 
under subsection (c) ceases to be owned by the public, all right, 
title, and interest in and to the land and improvements thereon shall 
revert, at the discretion of the Secretary, to the United States.

SEC. 312. TEXAS CITY SHIP CHANNEL, TEXAS CITY, TEXAS.

  (a) In General.--The portion of the Texas City Ship Channel, Texas 
City, Texas, described in subsection (b) shall not be subject to 
navigational servitude beginning on the date of enactment of this Act.
  (b) Description.--The portion of the Texas City Ship Channel 
described in this subsection is a tract or parcel containing 393.53 
acres (17,142,111 square feet) of land situated in the City of Texas 
City Survey, Abstract Number 681, and State of Texas Submerged Lands 
Tracts 98A and 99A, Galveston County, Texas, said 393.53 acre tract 
being more particularly described as follows:
          (1) Beginning at the intersection of an edge of fill along 
        Galveston Bay with the most northerly east survey line of said 
        City of Texas City Survey, Abstract No. 681, the same being a 
        called 375.75 acre tract patented by the State of Texas to the 
        City of Texas City and recorded in Volume 1941, Page 750 of the 
        Galveston County Deed Records (G.C.D.R.), from which a found 
        U.S. Army Corps of Engineers Brass Cap stamped ``R 4-3'' set in 
        the top of the Texas City Dike along the east side of Bay 
        Street bears North 56 14' 32? West, a distance of 6,045.31 
        feet and from which a found U.S. Army Corps of Engineers Brass 
        Cap stamped ``R 4-2'' set in the top of the Texas City Dike 
        along the east side of Bay Street bears North 49 13' 20? West, 
        a distance of 6,693.64 feet.
          (2) Thence, over and across said State Tracts 98A and 99A and 
        along the edge of fill along said Galveston Bay, the following 
        eight (8) courses and distances:
                  (A) South 75 49' 13? East, a distance of 298.08 feet 
                to an angle point of the tract herein described.
                  (B) South 81 16' 26? East, a distance of 170.58 feet 
                to an angle point of the tract herein described.
                  (C) South 79 20' 31? East, a distance of 802.34 feet 
                to an angle point of the tract herein described.
                  (D) South 75 57' 32? East, a distance of 869.68 feet 
                to a point for the beginning of a non-tangent curve to 
                the right.
                  (E) Easterly along said non-tangent curve to the 
                right having a radius of 736.80 feet, a central angle 
                of 24 55' 59?, a chord of South 68 47' 35? East - 
                318.10 feet, and an arc length of 320.63 feet to a 
                point for the beginning of a non-tangent curve to the 
                left.
                  (F) Easterly along said non-tangent curve to the left 
                having a radius of 373.30 feet, a central angle of 31 
                57' 42?, a chord of South 66 10' 42? East - 205.55 
                feet, and an arc length of 208.24 feet to a point for 
                the beginning of a non-tangent curve to the right.
                  (G) Easterly along said non-tangent curve to the 
                right having a radius of 15,450.89 feet, a central 
                angle of 02 04' 10?, a chord of South 81 56' 20? East 
                - 558.04 feet, and an arc length of 558.07 feet to a 
                point for the beginning of a compound curve to the 
                right and the northeasterly corner of the tract herein 
                described.
                  (H) Southerly along said compound curve to the right 
                and the easterly line of the tract herein described, 
                having a radius of 1,425.00 feet, a central angle of 
                133 08' 00?, a chord of South 14 20' 15? East - 
                2,614.94 feet, and an arc length of 3,311.15 feet to a 
                point on a line lying 125.00 feet northerly of and 
                parallel with the centerline of an existing levee for 
                the southeasterly corner of the tract herein described.
          (3) Thence, continuing over and across said State Tracts 98A 
        and 99A and along lines lying 125.00 feet northerly of, 
        parallel, and concentric with the centerline of said existing 
        levee, the following twelve (12) courses and distances:
                  (A) North 78 01' 58? West, a distance of 840.90 feet 
                to an angle point of the tract herein described.
                  (B) North 76 58' 35? West, a distance of 976.66 feet 
                to an angle point of the tract herein described.
                  (C) North 76 44' 33? West, a distance of 1,757.03 
                feet to a point for the beginning of a tangent curve to 
                the left.
                  (D) Southwesterly, along said tangent curve to the 
                left having a radius of 185.00 feet, a central angle of 
                82 27' 32?, a chord of South 62 01' 41? West - 243.86 
                feet, and an arc length of 266.25 feet to a point for 
                the beginning of a compound curve to the left.
                  (E) Southerly, along said compound curve to the left 
                having a radius of 4,535.58 feet, a central angle of 
                11 06' 58?, a chord of South 15 14' 26? West - 878.59 
                feet, and an arc length of 879.97 feet to an angle 
                point of the tract herein described.
                  (F) South 64 37' 11? West, a distance of 146.03 feet 
                to an angle point of the tract herein described.
                  (G) South 67 08' 21? West, a distance of 194.42 feet 
                to an angle point of the tract herein described.
                  (H) North 34 48' 22? West, a distance of 789.69 feet 
                to an angle point of the tract herein described.
                  (I) South 42 47' 10? West, a distance of 161.01 feet 
                to an angle point of the tract herein described.
                  (J) South 42 47' 10? West, a distance of 144.66 feet 
                to a point for the beginning of a tangent curve to the 
                right.
                  (K) Westerly, along said tangent curve to the right 
                having a radius of 310.00 feet, a central angle of 59 
                50' 28?, a chord of South 72 42' 24? West - 309.26 
                feet, and an arc length of 323.77 feet to an angle 
                point of the tract herein described.
                  (L) North 77 22' 21? West, a distance of 591.41 feet 
                to the intersection of said parallel line with the edge 
                of fill adjacent to the easterly edge of the Texas City 
                Turning Basin for the southwesterly corner of the tract 
                herein described, from which a found U.S. Army Corps of 
                Engineers Brass Cap stamped ``SWAN 2'' set in the top 
                of a concrete column set flush in the ground along the 
                north bank of Swan Lake bears South 20 51' 58? West, a 
                distance of 4,862.67 feet.
          (4) Thence, over and across said City of Texas City Survey 
        and along the edge of fill adjacent to the easterly edge of 
        said Texas City Turning Basin, the following eighteen (18) 
        courses and distances:
                  (A) North 01 34' 19? East, a distance of 57.40 feet 
                to an angle point of the tract herein described.
                  (B) North 05 02' 13? West, a distance of 161.85 feet 
                to an angle point of the tract herein described.
                  (C) North 06 01' 56? East, a distance of 297.75 feet 
                to an angle point of the tract herein described.
                  (D) North 06 18' 07? West, a distance of 71.33 feet 
                to an angle point of the tract herein described.
                  (E) North 07 21' 09? West, a distance of 122.45 feet 
                to an angle point of the tract herein described.
                  (F) North 26 41' 15? West, a distance of 46.02 feet 
                to an angle point of the tract herein described.
                  (G) North 01 31' 59? West, a distance of 219.78 feet 
                to an angle point of the tract herein described.
                  (H) North 15 54' 07? West, a distance of 104.89 feet 
                to an angle point of the tract herein described.
                  (I) North 04 00' 34? East, a distance of 72.94 feet 
                to an angle point of the tract herein described.
                  (J) North 06 46' 38? West, a distance of 78.89 feet 
                to an angle point of the tract herein described.
                  (K) North 12 07' 59? West, a distance of 182.79 feet 
                to an angle point of the tract herein described.
                  (L) North 20 50' 47? West, a distance of 105.74 feet 
                to an angle point of the tract herein described.
                  (M) North 02 02' 04? West, a distance of 184.50 feet 
                to an angle point of the tract herein described.
                  (N) North 08 07' 11? East, a distance of 102.23 feet 
                to an angle point of the tract herein described.
                  (O) North 08 16' 00? West, a distance of 213.45 feet 
                to an angle point of the tract herein described.
                  (P) North 03 15' 16? West, a distance of 336.45 feet 
                to a point for the beginning of a non-tangent curve to 
                the left.
                  (Q) Northerly along said non-tangent curve to the 
                left having a radius of 896.08 feet, a central angle of 
                14 00' 05?, a chord of North 09 36' 03? West - 218.43 
                feet, and an arc length of 218.97 feet to a point for 
                the beginning of a non-tangent curve to the right.
                  (R) Northerly along said non-tangent curve to the 
                right having a radius of 483.33 feet, a central angle 
                of 19 13' 34?, a chord of North 13 52' 03? East - 
                161.43 feet, and an arc length of 162.18 feet to a 
                point for the northwesterly corner of the tract herein 
                described.
          (5) Thence, continuing over and across said City of Texas 
        City Survey, and along the edge of fill along said Galveston 
        Bay, the following fifteen (15) courses and distances:
                  (A) North 30 45' 02? East, a distance of 189.03 feet 
                to an angle point of the tract herein described.
                  (B) North 34 20' 49? East, a distance of 174.16 feet 
                to a point for the beginning of a non-tangent curve to 
                the right.
                  (C) Northeasterly along said non-tangent curve to the 
                right having a radius of 202.01 feet, a central angle 
                of 25 53' 37?, a chord of North 33 14' 58? East - 
                90.52 feet, and an arc length of 91.29 feet to a point 
                for the beginning of a non-tangent curve to the left.
                  (D) Northeasterly along said non-tangent curve to the 
                left having a radius of 463.30 feet, a central angle of 
                23 23' 57?, a chord of North 48 02' 53? East - 187.90 
                feet, and an arc length of 189.21 feet to a point for 
                the beginning of a non-tangent curve to the right.
                  (E) Northeasterly along said non-tangent curve to the 
                right having a radius of 768.99 feet, a central angle 
                of 16 24' 19?, a chord of North 43 01' 40? East - 
                219.43 feet, and an arc length of 220.18 feet to an 
                angle point of the tract herein described.
                  (F) North 38 56' 50? East, a distance of 126.41 feet 
                to an angle point of the tract herein described.
                  (G) North 42 59' 50? East, a distance of 128.28 feet 
                to a point for the beginning of a non-tangent curve to 
                the right.
                  (H) Northerly along said non-tangent curve to the 
                right having a radius of 151.96 feet, a central angle 
                of 68 36' 31?, a chord of North 57 59' 42? East - 
                171.29 feet, and an arc length of 181.96 feet to a 
                point for the most northerly corner of the tract herein 
                described.
                  (I) South 77 14' 49? East, a distance of 131.60 feet 
                to an angle point of the tract herein described.
                  (J) South 84 44' 18? East, a distance of 86.58 feet 
                to an angle point of the tract herein described.
                  (K) South 58 14' 45? East, a distance of 69.62 feet 
                to an angle point of the tract herein described.
                  (L) South 49 44' 51? East, a distance of 149.00 feet 
                to an angle point of the tract herein described.
                  (M) South 44 47' 21? East, a distance of 353.77 feet 
                to a point for the beginning of a non-tangent curve to 
                the left.
                  (N) Easterly along said non-tangent curve to the left 
                having a radius of 253.99 feet, a central angle of 98 
                53' 23?, a chord of South 83 28' 51? East - 385.96 
                feet, and an arc length of 438.38 feet to an angle 
                point of the tract herein described.
                  (O) South 75 49' 13? East, a distance of 321.52 feet 
                to the point of beginning and containing 393.53 acres 
                (17,142,111 square feet) of land.

                TITLE IV--WATER RESOURCES INFRASTRUCTURE

SEC. 401. PROJECT AUTHORIZATIONS.

  The following projects for water resources development and 
conservation and other purposes, as identified in the reports titled 
``Report to Congress on Future Water Resources Development'' submitted 
to Congress on January 29, 2015, and January 29, 2016, respectively, 
pursuant to section 7001 of the Water Resources Reform and Development 
Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by Congress, are 
authorized to be carried out by the Secretary substantially in 
accordance with the plans, and subject to the conditions, described in 
the respective reports designated in this section:
          (1) Navigation.--

------------------------------------------------------------------------
                               C.  Date of
                                Report of
A. State       B.  Name          Chief of        D.  Estimated  Costs
                                Engineers
------------------------------------------------------------------------
1. TX     Brazos Island        Nov. 3, 2014  Federal: $116,116,000
           Harbor                            Non-Federal: $88,471,000
                                             Total: $204,587,000
------------------------------------------------------------------------
2. LA     Calcasieu Lock      Dec. 2, 2014   Total: $16,700,000 (to be
                                              derived \1/2\ from the
                                              general fund of the
                                              Treasury and \1/2\ from
                                              the Inland Waterways Trust
                                              Fund)
------------------------------------------------------------------------
3. NH,    Portsmouth Harbor   Feb. 8, 2015   Federal: $15,580,000
 ME        and Piscataqua                    Non-Federal: $5,190,000
           River                             Total: $20,770,000
------------------------------------------------------------------------
4. FL     Port Everglades     Jun. 25, 2015  Federal: $220,200,000
                                             Non-Federal: $102,500,000
                                             Total: $322,700,000
------------------------------------------------------------------------
5. AK     Little Diomede      Aug. 10, 2015  Federal: $26,015,000
           Harbor                            Non-Federal: $2,945,000
                                             Total: $28,960,000
------------------------------------------------------------------------
6. SC     Charleston Harbor   Sep. 8, 2015   Federal: $224,300,000
                                             Non-Federal: $269,000,000
                                             Total: $493,300,000
------------------------------------------------------------------------
7. AK     Craig Harbor        March 16,      Federal: $29,062,000
                               2016          Non-Federal: $3,255,000
                                             Total: $32,317,000.
------------------------------------------------------------------------

          (2) Flood risk management.--

------------------------------------------------------------------------
                               C.  Date of
                                Report of
A. State        B. Name          Chief of        D.  Estimated  Costs
                                Engineers
------------------------------------------------------------------------
1. TX     Leon Creek          Jun. 30, 2014  Federal: $18,314,000
           Watershed                         Non-Federal: $9,861,000
                                             Total: $28,175,000
------------------------------------------------------------------------
2. MO,    Armourdale and      Jan. 27, 2015  Federal: $207,036,000
 KS        Central                           Non-Federal: $111,481,000
           Industrial                        Total: $318,517,000
           District Levee
           Units, Missouri
           River and
           Tributaries at
           Kansas Citys
------------------------------------------------------------------------
3. KS     City of Manhattan   Apr. 30, 2015  Federal: $15,440,100
                                             Non-Federal: $8,313,900
                                             Total: $23,754,000
------------------------------------------------------------------------
4. TN     Mill Creek          Oct. 16, 2015  Federal: $17,759,000
                                             Non-Federal: $10,745,000
                                             Total: $28,504,000
------------------------------------------------------------------------
5. KS     Upper Turkey Creek   Dec. 22,      Federal: $24,584,000
           Basin               2015          Non-Federal: $13,238,000
                                             Total: $37,822,000
------------------------------------------------------------------------
6. NC     Princeville         Feb. 23, 2016  Federal: $14,001,000
                                             Non-Federal: $7,539,000
                                             Total: $21,540,000
------------------------------------------------------------------------
7. CA     American River      Apr. 26, 2016  Federal: $876,478,000
           Common Features                   Non-Federal: $689,272,000
                                             Total: $1,565,750,000
------------------------------------------------------------------------
8. CA     West Sacramento     Apr. 26, 2016  Federal: $776,517,000
                                             Non-Federal: $414,011,000
                                             Total: $1,190,528,000.
------------------------------------------------------------------------

          (3) Hurricane and storm damage risk reduction.--

------------------------------------------------------------------------
                               C.  Date of
                                Report of       D.  Estimated Initial
A. State       B.  Name          Chief of        Costs and  Estimated
                                Engineers        Renourishment  Costs
------------------------------------------------------------------------
1. SC     Colleton County     Sep. 5, 2014   Initial Federal:
                                              $13,733,850
                                              Initial Non-Federal:
                                              $7,395,150
                                             Initial Total: $21,129,000
                                              Renourishment Federal:
                                              $16,371,000
                                             Renourishment Non-Federal:
                                              $16,371,000
                                             Renourishment Total:
                                              $32,742,000
------------------------------------------------------------------------
2. FL     Flagler County      Dec. 23, 2014  Initial Federal: $9,218,300
                                              Initial Non-Federal:
                                              $4,963,700
                                              Initial Total: $14,182,000
                                             Renourishment Federal:
                                              $15,390,000
                                             Renourishment Non-Federal:
                                              $15,390,000
                                             Renourishment Total:
                                              $30,780,000
------------------------------------------------------------------------
3. NC     Carteret County     Dec. 23, 2014  Initial Federal:
                                              $24,263,000
                                             Initial Non-Federal:
                                              $13,064,000
                                              Initial Total: $37,327,000
                                              Renourishment Federal:
                                              $114,728,000
                                             Renourishment Non-Federal:
                                              $114,728,000
                                             Renourishment Total:
                                              $229,456,000
------------------------------------------------------------------------
4. NJ     Hereford Inlet to   Jan. 23, 2015  Initial Federal:
           Cape May Inlet,                    $14,040,000
           Cape May County                   Initial Non-Federal:
                                              $7,560,000
                                             Initial Total: $21,600,000
                                             Renourishment Federal:
                                              $41,215,000
                                             Renourishment Non-Federal:
                                              $41,215,000
                                             Renourishment Total:
                                              $82,430,000
------------------------------------------------------------------------
5. LA     West Shore Lake     Jun. 12, 2015  Federal: $466,760,000
           Pontchartrain                     Non-Federal: $251,330,000
                                             Total: $718,090,000
------------------------------------------------------------------------
6. CA     San Diego County    Apr. 26, 2016  Initial Federal:
                                              $20,166,000
                                             Initial Non-Federal:
                                              $10,858,000
                                             Initial Total: $31,024,000
                                             Renourishment Federal:
                                              $68,215,000
                                             Renourishment Non-Federal:
                                              $68,215,000
                                             Renourishment Total:
                                              $136,430,000.
------------------------------------------------------------------------

          (4) Ecosystem restoration.--

------------------------------------------------------------------------
                               C.  Date of
                                Report of
A. State       B.  Name          Chief of        D.  Estimated  Costs
                                Engineers
------------------------------------------------------------------------
1. FL     Central Everglades  Dec. 23, 2014  Federal: $976,375,000
                                             Non-Federal: $974,625,000
                                             Total: $1,951,000,000
------------------------------------------------------------------------
2. WA     Skokomish River     Dec. 14, 2015  Federal: $12,782,000
                                             Non-Federal: $6,882,000
                                             Total: $19,664,000.
------------------------------------------------------------------------

          (5) Flood risk management and ecosystem restoration.--

------------------------------------------------------------------------
                               C.  Date of
                                Report of
A. State       B.  Name          Chief of        D.  Estimated  Costs
                                Engineers
------------------------------------------------------------------------
1. IL,    Upper Des Plaines   Jun. 8, 2015   Federal: $199,393,000
 WI        River and                         Non-Federal: $107,694,000
           Tributaries                       Total: $307,087,000.
------------------------------------------------------------------------

          (6) Flood risk management, ecosystem restoration, and 
        recreation.--

------------------------------------------------------------------------
                               C.  Date of
                                Report of
A. State       B.  Name          Chief of        D.  Estimated  Costs
                                Engineers
------------------------------------------------------------------------
1. CA     South San           Dec. 18, 2015  Federal: $69,521,000
           Francisco Bay                     Non-Federal: $104,379,000
           Shoreline                         Total: $173,900,000.
------------------------------------------------------------------------

          (7) Ecosystem restoration and recreation.--

------------------------------------------------------------------------
                               C.  Date of
                                Report of
A. State       B.  Name          Chief of        D.  Estimated  Costs
                                Engineers
------------------------------------------------------------------------
1. OR     Willamette River    Dec. 14, 2015  Federal: $19,143,000
                                             Non-Federal: $10,631,000
                                             Total: $29,774,000
------------------------------------------------------------------------
2. CA     Los Angeles River   Dec. 18, 2015  Federal: $375,773,000
                                             Non-Federal: $980,835,000
                                             Total: $1,356,608,000.
------------------------------------------------------------------------

          (8) Deauthorizations, modifications, and other projects.--

------------------------------------------------------------------------
                               C.  Date of
A. State       B.  Name          Decision        D.  Estimated  Costs
                                 Document
------------------------------------------------------------------------
1. TX     Upper Trinity       May 21, 2008   Federal: $526,500,000
           River                             Non-Federal: $283,500,000
                                             Total: $810,000,000
------------------------------------------------------------------------
2. KY     Green River Locks   Apr. 30, 2015  Federal: $0
           and Dams 3, 4, 5,                 Non-Federal: $0
           6 and Barren                      Total: $0
           River Lock and
           Dam 1 Disposition
------------------------------------------------------------------------
3. KS     Turkey Creek Basin  May 13, 2016   Federal: $97,067,750
                                             Non-Federal: $55,465,250
                                             Total: $152,533,000
------------------------------------------------------------------------
4. KY     Ohio River          May 13, 2016   Federal: $20,309,900
           Shoreline                         Non-Federal: $10,936,100
                                             Total: $31,246,000.
------------------------------------------------------------------------
5. MO     Blue River Basin    May 13, 2016   Federal: $34,860,000
                                             Non-Federal: $11,620,000
                                             Total: $46,480,000
------------------------------------------------------------------------

                         Purpose of Legislation

    H.R. 5303 authorizes the United States Army Corps of 
Engineers (Corps) to carry out water resources development 
activities for the Nation, usually through cost-sharing 
partnerships with non-federal sponsors. Activities include 
navigation, flood damage reduction, shoreline protection, 
hydropower, dam safety, water supply, recreation, environmental 
restoration and protection, and disaster response and recovery. 
H.R. 5303 also reforms the Corps planning process, promotes 
timely project delivery, empowers non-federal project sponsors, 
and strengthens congressional oversight.

                  Background and Need for Legislation

    America is blessed with an unparalleled network of natural 
harbors and rivers. The ports, channels, locks, dams, and other 
infrastructure that support our maritime and waterways 
transportation system and provide flood protection for our 
homes and businesses are vitally important to a healthy 
national economy and job growth. Ensuring a sound 
infrastructure network is a shared responsibility, with a 
federal and state role recognized by our Founding Fathers. The 
Water Resources Development Act (WRDA) of 2016 promotes our 
Nation's competitiveness, prosperity, and economic growth by 
upholding the seminal federal responsibility to maintain a 
strong transportation infrastructure and ensure the efficient 
flow of domestic and international commerce, and to protect the 
lives and livelihoods of the American people in a sustainable 
manner. Through WRDA, Congress authorizes the key missions of 
the Corps, including developing, maintaining, and supporting 
the Nation's economically vital waterway infrastructure and 
supporting effective and targeted flood protection and 
environmental restoration needs. WRDA also provides Congress 
the opportunity to make much needed policy reforms, strengthen 
oversight, promote efficient, effective, and transparent 
project development and implementation, and open the door to 
innovation and stronger partnerships that will improve 
infrastructure development. Water resources legislation should 
be enacted every two years to provide oversight of and policy 
direction to the Administration and the Corps.

                                Hearings

    On February 24, 2016, the Subcommittee on Water Resources 
and Environment held a hearing on ``A Review of United States 
Army Corps of Engineers Reports to Congress on Future Water 
Resources Development and Chief's Reports.''
    On May 17, 2016, the Subcommittee on Water Resources and 
Environment held a hearing on ``A Review of Recently Completed 
United States Army Corps of Engineers Chief's Reports.''

                 Legislative History and Consideration

    On May 23, 2016, House Committee on Transportation and 
Infrastructure Chairman Bill Shuster, Ranking Member Peter 
DeFazio, Subcommittee on Water Resources and Environment 
Chairman Bob Gibbs, and Ranking Member Grace Napolitano 
introduced H.R. 5303, the Water Resources Development Act of 
2016.
    On May 25, 2016, the Committee on Transportation and 
Infrastructure met in open session and ordered the bill, as 
amended, reported favorably to the House by voice vote with a 
quorum present.
    An amendment was offered in Committee by Chairman Shuster, 
which was adopted by voice vote, making several technical and 
conforming changes to the bill.
    An amendment was offered in Committee by Representative 
Corrine Brown, which was withdrawn. The amendment would have 
struck Section 113 of the introduced bill, related to 
interstate compacts.
    An amendment was offered in Committee by Representative Don 
Young, which was adopted by voice vote, that would direct the 
Corps to consult with the Department of Homeland Security and 
the Department of Defense to identify national security 
benefits associated with the development of Arctic deep draft 
ports. The amendment was adopted by voice vote.
    An amendment was offered in Committee by Representative 
Eddie Bernice Johnson, which was withdrawn. The amendment would 
have authorized lead or other drinking water contaminant 
abatement as eligible activities under Section 219 of the 1992 
Water Resources Development Act.
    An amendment was offered in Committee by Representative 
John J. Duncan, which was withdrawn. The amendment would have 
modified the cost-share threshold for major rehabilitation 
projects on any inland navigation project from $20 million to 
$35 million.
    An amendment was offered in Committee by Representative 
Michael Capuano, which was withdrawn. The amendment would 
modify the cost share for coastal navigation construction 
projects that are proposed to be deeper than 45 feet.
    An amendment was offered in Committee by Representative 
Duncan Hunter, which was adopted by voice vote. The amendment 
clarifies the scope of the Corps of' International Outreach 
Program.
    An amendment was offered in Committee by Representative 
Donna Edwards, which was withdrawn. The amendment would have 
reauthorized the Clean Water State Revolving Fund and invested 
$20 billion over five years in wastewater infrastructure.
    An amendment was offered in Committee by Representative 
John Garamendi, which was withdrawn. The amendment would have 
included three regional restoration programs related to Lake 
Tahoe, the Great Lakes, and Long Island Sound in the bill.
    An amendment was offered in Committee by Representative 
Daniel Webster, which was adopted by voice vote. The amendment 
authorizes a comprehensive study to address the flood risks of 
coastal communities within the boundaries of the South Atlantic 
Division of the Corps.
    An amendment was offered in Committee by Representative 
Lois Frankel, which was withdrawn. The amendment would have 
amended current law to provide local communities the option to 
seek foreign sand sources for shore protection projects.
    An amendment was offered in Committee by Representative 
Reid Ribble, which was withdrawn. The amendment would have 
required the Corps review natural and nature-based features in 
all water resources development projects.
    An amendment was offered in Committee by Representative 
Corrine Brown, which was withdrawn. The amendment would have 
modified the budget criteria related to Corps construction 
projects.
    An amendment was offered in Committee by Representative 
Brian Babin, which was withdrawn. The amendment would have 
directed the Secretary of the Army to give preference to 
strategic seaports in determining priorities for budgetary 
consideration.
    An amendment was offered in Committee by Representative 
Garret Graves, which was adopted by voice vote. The amendment 
establishes an environmental bank to offset past, current, and 
future environmental impacts through the Gulf Coast Ecosystem 
Restoration Council.
    An amendment was offered in Committee by Representative 
Mimi Walters, which was withdrawn. The amendment would have 
required that environmental infrastructure projects be treated 
as traditional Corps water resources development projects.
    An amendment was offered in Committee by Representative 
Jared Huffman, which was adopted by voice vote. The amendment 
clarifies the authorities of the Corps related to fish 
hatcheries.
    An amendment was offered in Committee by Representative 
Elizabeth Esty, which was withdrawn. The amendment would have 
directed a study to assess the performance of innovative 
materials.
    An amendment was offered in Committee by Representative 
Elizabeth Esty, which was withdrawn. The amendment would have 
required the study related to the Northeast Coastal Region 
Ecosystem Restoration project be carried out at federal 
expense.
    An amendment was offered in Committee by Representative 
Rodney Davis, which was adopted by voice vote. The amendment 
requires a Government Accountability Office review of 
alternative models for managing the Inland Waterways Trust 
Fund.
    An amendment was offered in Committee by Representative 
Lois Frankel, which was adopted by voice vote. The amendment 
enables the Corps to enter into agreements with non-federal 
interests to reduce costs related to maintenance dredging.
    An amendment was offered in Committee by Representative 
Lois Frankel, which was withdrawn. The amendment would have 
waived compensatory mitigation requirements for local project 
sponsors under certain conditions.
    An amendment was offered in Committee by Representative 
Jared Huffman, which was withdrawn. The amendment would have 
authorized a pilot program to revise the water operations 
manuals of 15 Corps-constructed or operated reservoir projects 
in drought disaster areas based on best available science.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. There were no record votes taken in connection 
with consideration of H.R. 5303, or ordering the bill reported. 
A motion to order H.R. 5303, as amended, reported favorably to 
the House was agreed to by voice vote with a quorum present.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 5303, as amended, 
from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 22, 2016.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5303, the Water 
Resources Development Act of 2016.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Aurora 
Swanson.
            Sincerely,
                                             Mark P. Hadley
                                        (For Keith Hall, Director).
    Enclosure.

H.R. 5303--Water Resources Development Act of 2016

    Summary: H.R. 5303 would authorize the U.S. Army Corps of 
Engineers (Corps) to construct projects to mitigate storm and 
hurricane damage, to improve navigation and flood management, 
and to restore estuaries. CBO estimates, that implementing this 
legislation would cost about $970 million over the next five 
years and $3.1 billion over the 2017-2026 period, assuming 
appropriation of the authorized and necessary amounts.
    Because enacting H.R. 5303 would not affect direct spending 
or revenues over the 2017-2026 period, pay-as-you-go procedures 
do not apply.
    CBO estimates that enacting the bill would increase net 
direct spending and on-budget deficits by more than $5 billion 
in at least one of the four consecutive 10-year periods 
beginning in 2027. The legislation would increase direct 
spending, beginning in fiscal year 2027, by authorizing the 
Corps to spend amounts in the Harbor Maintenance Trust Fund 
without further appropriation.
    H.R. 5303 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary effects of H.R. 5303 are shown in the table below. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       By fiscal year, in millions of dollars--
                                                             -------------------------------------------------------------------------------------------
                                                               2017   2018   2019   2020   2021   2022   2023   2024   2025   2026  2017-2021  2017-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Water Resources Infrastructure:
    Estimated Authorization Level...........................     62     92    190    230    284    329    419    481    489    534       857      3,109
    Estimated Outlays.......................................     25     55    113    169    220    270    332    396    436    474       582      2,490
Policy Provisions and Studies:
    Estimated Authorization Level...........................     50     36     88     90     37     36     37     31     32     32       300        468
    Estimated Outlays.......................................     27     37     54     72     60     49     41     32     30     31       250        434
Estuary Restoration:
    Estimated Authorization Level...........................     35     36     37     38     38      0      0      0      0      0       184        184
    Estimated Outlays.......................................     14     25     31     35     36     21     10      4      0      0       140        175
    Total Costs
        Estimated Authorization Level.......................    146    163    314    357    359    365    456    512    521    566     1,341      3,761
        Estimated Outlays...................................     66    117    198    276    316    340    383    432    466    505       972      3,098
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Amounts may not sum to totals because of rounding.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
5303 will be enacted before the end of calendar year 2016 and 
that the authorized and necessary amounts will be appropriated 
for each fiscal year. Estimates of amounts necessary to 
implement the bill are based on information from the Corps; 
estimated outlays are based on historical spending patterns for 
similar projects and programs. Major components of the 
estimated costs are described below.
    CBO estimates that H.R. 5303 would authorize appropriations 
totaling about $3.8 billion over the 2017-2026 period for water 
infrastructure projects and studies administered by the Corps. 
We estimate that implementing those provisions would cost $3.1 
billion over the 2017-2026 period.

Water resources infrastructure

    CBO estimates that implementing title IV would cost about 
$2.5 billion over the 2017-2026 period, assuming appropriation 
of the amounts estimated to be necessary and accounting for 
anticipated inflation. This title would authorize the Corps to 
construct 27 new projects and would modify the existing 
authorization of four projects; those projects would aim to 
improve the nation's navigation system, strengthen flood-risk 
management, and restore the environment. Based on information 
from the Corps, CBO estimates that the total cost to complete 
those projects would be $10.5 billion. H.R. 5303 would 
authorize the appropriation of $5.7 billion to cover the 
federal share of those costs and nonfederal entities would be 
responsible for the remaining costs, totaling an estimated $4.8 
billion.
    To estimate how funds appropriated for those projects would 
be spent, CBO used information from the Corps for each project 
about when construction would begin, how long it would take to 
complete, and what funding would be necessary to complete it 
over the anticipated construction period. CBO also analyzed the 
historical spending patterns of similar projects. Because of 
the size and complexity of some large Corps projects, they can 
take several years to commence and more than ten years to 
complete. CBO estimates that the federal share of the projects 
and modifications authorized by this title would require the 
appropriation of about $3.1 billion over the 2017-2026 period; 
the remainder of the federal share to complete the projects 
would be needed after 2026.
    The estimated cost of the five largest projects authorized 
by H.R. 5303 totals $6.9 billion; the federal share would total 
about $3.5 billion. Those projects and their estimated federal 
cost are:
           The Central Everglades Planning Project to 
        restore the Everglades in central and southern Florida 
        ($1 billion);
           The American River Watershed Common Features 
        project to reduce the risk of flood along the American 
        and Sacramento Rivers near Sacramento, California ($880 
        million);
           The West Sacramento project to reduce the 
        risk of flood in the City of West Sacramento, 
        California ($780 million);
           The West Shore Lake Pontchartrain project to 
        reduce the risk of hurricane and storm damages in St. 
        Charles, St. John the Baptist, and St. James Parishes 
        in Louisiana ($480 million); and
           The Los Angeles River Ecosystem Restoration 
        project to restore ecosystems along the Los Angeles 
        River in Los Angeles County, California ($380 million).
    Assuming appropriation of the necessary amounts, CBO 
estimates that spending on those five projects would total 
about $1.1 billion and would be incurred over the 2017-2026 
period. CBO estimates that construction spending for the other 
22 projects and 4 modifications authorized by the bill would 
total about $1.4 billion over the next 10 years.

Studies and other provisions

    Based on a review of information provided by the Corps, CBO 
estimates that implementing the provisions described below 
would cost $434 million over the 2017-2026 period, assuming 
appropriation of the necessary amounts. Those provisions (and 
their federal costs) would:
           Authorize the Corps to conduct about 30 
        feasibility studies for projects to reduce risks 
        stemming from floods and hurricanes, to restore 
        ecosystems, and to improve navigation ($50 million);
           Direct the Corps to maintain the width and 
        depth of certain commercial harbors at the same 
        dimensions as they were originally constructed by the 
        Corps ($100 million);
           Authorize projects to restore fisheries and 
        ecosystems on the Great Lakes ($100 million);
           Require the Corps to report to the Congress 
        about the volume and types of foreign materials 
        purchased each year for civil works projects ($106 
        million); and
           Direct the Corps to develop beneficial uses 
        for dredge material, remove sediment from certain 
        reservoirs, waive certain cost-share requirements for 
        projects and studies for Indian Tribes, and maintain a 
        database on the condition of federal breakwaters and 
        jetties ($78 million).

Estuary restoration

    H.R. 5303 would authorize the annual appropriation for five 
years of $35 million for the Estuary Habitat Restoration 
program and additional amounts necessary to account for cost 
increases caused by inflation. CBO estimates the appropriation 
of those amounts would cost $175 million over the 2017-2026 
period.
    Increase in long-term net direct spending and deficits: CBO 
estimates that enacting the bill would increase net direct 
spending and on-budget deficits by more than $5 billion in at 
least one of the four consecutive 10-year periods beginning in 
2027.
    Under the bill, balances in the Harbor Maintenance Trust 
Fund (HMTF) would become available to the Corps, without 
further appropriation, beginning in fiscal year 2027. CBO 
estimates that the balance in the HMTF that would be available 
to spend in 2027 would be about $20 billion. In recent years 
the annual appropriation from the HMTF has been about $1 
billion.
    Intergovernmental and private-sector impact: H.R. 5303 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. State, local, and tribal governments would 
benefit from greater flexibility provided in the bill to 
administer and finance infrastructure projects supported by the 
Corps. Any costs to those entities under agreements with the 
Corps, including matching contributions, would be incurred 
voluntarily.
    Previous CBO estimate: On June 27, 2016, CBO transmitted a 
cost estimate for S. 2848 as ordered reported by the Senate 
Committee on Environment and Public Works on April 28, 2016. S. 
2848 authorized the Corps to construct water resources 
infrastructure projects that are also authorized in H.R. 5305. 
For projects common to both pieces of legislation, CBO's 
estimated costs are the same.
    Estimate prepared by: Federal spending: Aurora Swanson; 
Impact on state, local, and tribal governments: Jon Sperl; 
Impact on the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Assistant Director for 
Budget Analysis.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to 
authorize the key missions of the Corps, including developing, 
maintaining, and supporting the Nation's economically vital 
waterway infrastructure and supporting effective and targeted 
flood protection and environmental restoration needs. 
Additionally, H.R. 5303 is intended to accelerate the project 
delivery process, promote fiscal responsibility, and strengthen 
our water transportation networks to promote competiveness, 
prosperity, and economic growth. Finally, WRDA will make major 
reforms to increase transparency, accountability, and 
congressional oversight in reviewing and prioritizing future 
water resources development activities.

                          Advisory of Earmarks

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. No 
provision in the bill includes an earmark, limited tax benefit, 
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of 
rule XXI.

                    Duplication of Federal Programs

    Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015), 
the Committee finds that no provision of H.R. 5303, as amended, 
establishes or reauthorizes a program of the federal government 
known to be duplicative of another federal program, a program 
that was included in any report from the Government 
Accountability Office to Congress pursuant to section 21 of 
Public Law 111-139, or a program related to a program 
identified in the most recent Catalog of Federal Domestic 
Assistance.

                   Disclosure of Directed Rulemakings

    Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015), 
the Committee estimates that enacting H.R. 5303, as amended, 
does not specifically direct the completion of any specific 
rule makings within the meaning of section 551 of title 5, 
United States Code.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 5303, as 
reported, does not preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

               Section-by-Section Analysis of Legislation

Section 1. Short title; table of contents

    This section designates the short title of this bill as the 
``Water Resources Development Act of 2016''.

Section 2. Definition of Secretary

    This section defines the term ``Secretary'' as the 
Secretary of the Army

                      TITLE I--GENERAL PROVISIONS

Section 101. Sense of Congress regarding Water Resources Development 
        Acts

    This Sense of Congress emphasizes the unique functions and 
missions carried out by the Corps and re-affirms that Water 
Resources Development Acts should be considered by Congress 
every two years.

Section 102. Training and employment for veterans and members of Armed 
        Forces in curation and historic preservation

    This section directs the Corps to carry out a Veterans' 
Curation Program to train and hire veterans and members of the 
armed forces to assist the Corps in carrying out curation and 
historic preservation activities.

Section 103. Youth service and conservation corps organizations

    This section directs the Corps to enter into cooperative 
agreements with youth service and conservation corps 
organizations for services related to projects under the 
jurisdiction of the Corps.

Section 104. Navigation safety

    This section directs the Corps to use the existing 
operation and maintenance authorities to carry out navigation 
safety activities at those projects eligible for operation and 
maintenance under Section 204(f) of the Water Resources 
Development Act of 1986. The Committee is becoming exceedingly 
concerned that the Corps is requiring non-federal project 
sponsors to obtain construction authority to carry out bend 
easing activities that have traditionally been carried out 
using existing operation and maintenance authorities. This 
section clarifies the Corps' authority to use operation and 
maintenance authority for bend easing activities.

Section 105. Emerging harbors

    This section amends the Water Resources Development Act of 
1986 to clarify the distribution of priority funds between 
high-use and moderate-use harbor projects and emerging harbor 
projects.

Section 106. Federal breakwaters and jetties

    This section directs the Corps to compile and report to 
Congress with an inventory of all federal breakwaters and 
jetties protecting harbors and inland harbors, including 
information on location, the general structural condition of 
each breakwater or jetty, potential risks to navigational 
safety, the impact of the periodic maintenance dredging needs 
of protected harbors and inland harbors, and the costs to 
restore or maintain each breakwater or jetty.

Section 107. Donor ports and energy transfer ports

    This section amends Section 2106(a)(2)(B) of the Water 
Resources Reform and Development Act of 2014 to amend a portion 
of the definition of a donor port to be a port at which the 
total amount of harbor maintenance taxes collected comprise not 
less than $5,000,000 annually of the total funding of the 
Harbor Maintenance Trust Fund.

Section 108. Use of Harbor Maintenance Trust Fund to support navigation

    This section amends the Water Resources Development Act of 
1986 to allow the Corps to use the funds available in the 
Harbor Maintenance Trust Fund to carry out eligible operations 
and maintenance costs assigned to commercial navigation of 
harbors and inland harbors within the United States, beginning 
in fiscal year 2027.

Section 109. Remote and subsistence harbors

    This section amends the Water Resources Development Act of 
2007 to direct the Corps to give consideration to regions that 
rely on remote and subsistence harbors when conducting a study 
of harbor and navigation improvements.

Section 110. Beneficial use of dredged material

    This section directs the Corps to establish a pilot program 
to carry out projects for the beneficial reuse of dredged 
material. The program will consist of 10 geographically diverse 
pilot projects and will be carried out with the help of 
regional beneficial reuse teams put together by the Corps, made 
up of federal, state, and other appropriate stakeholders. The 
purpose of this pilot program is to identify and select 
projects to maximize the beneficial reuse of dredged material 
based solely on the environmental, economic, and social 
benefits of the project, including monetary and nonmonetary 
benefits, notwithstanding the current practices of the Corps. 
The program will be terminated upon completion of the 10 
selected projects. Additionally, the Corps is encouraged to 
look at innovative dredged material disposal along not just the 
Nation's coastal areas, but inland regions such as the Great 
Lakes.

Section 111. Reservoir sediment

    This section amends the Water Resources Development Act of 
2000 to direct the Corps to establish a pilot program to accept 
services provided by a non-federal interest or commercial 
entity to remove sediment captured behind a dam that is owned, 
operated, or under the jurisdiction of the Corps for the 
purposes of restoring the authorized storage capacity. A 
maximum of 10 dam sites shall be included in the established 
pilot program. The non-federal interest or commercial entity 
may retain, use, recycle, sell, or otherwise dispose of any 
sediment removed in connection with the services being provided 
through the pilot program.

Section 112. Contributed funds for reservoir operations

    This section amends Section 5 of the Act of June 22, 1936 
to allow the Corps to receive and expend funds from non-federal 
interests to formulate, review, or revise reservoir operations 
manuals at projects not owned by the Corps.

Section 113. Water supply conservation

    This section authorizes the Corps to enter into agreements 
with non-federal sponsors to carry out water supply 
conservation measures in states affected by drought. The water 
supply conservation measures must be consistent with the 
authorized purposes of Corps water resources development 
projects.

Section 114. Interstate compacts

    This section amends Section 301 of the Water Supply Act of 
1958 to strike subsection (f), a Sense of Congress related to 
interstate compacts.

Section 115. Nonstructural alternatives

    This section amends the Public Law 84-99 emergency response 
authorities to require the Corps to consult with the non-
federal sponsor on the availability of nonstructural 
alternatives to the repair or restoration of flood control 
works, and require the agreement of the non-federal sponsor 
before their implementation.

Section 116. Operation and maintenance of environmental protection and 
        restoration and aquatic ecosystem restoration projects

    This section releases a non-federal interest from any 
obligation to operate and maintain the non-structural and non-
mechanical components of a water resources development project 
carried out for the purposes of environmental protection and 
restoration or aquatic ecosystem restoration if the Corps 
determines that the 50-year period following completion of 
construction has concluded or that the criteria identified by 
the guidance in this section have been met. The Corps is 
further instructed to issue guidance that identifies criteria 
for determining when the purpose of a project for environmental 
protection and restoration or aquatic ecosystem restoration has 
been achieved.

Section 117. Estuary restoration

    This section amends the Estuary Restoration Act of 2000 to 
allow nongovernmental organizations to be considered ``non-
federal interests'' in order to enter into binding agreements 
with the Corps to indemnify the Corps during the construction 
of a proposed project. This section also amends the Estuary 
Restoration Act of 2000 to authorize the program for fiscal 
year 2017 through fiscal year 2021.

Section 118. Great Lakes fishery and ecosystem restoration

    This section amends the Water Resources Development Act of 
2000 to modify the Great Lakes Fishery and Ecosystem 
Restoration program to ensure consistency with the Great Lakes 
Restoration Initiative and other federal programs.

Section 119. Agreements

    This section amends the Water Resources Development Act of 
2007 by repealing Section 2036(c) to ensure that the Corps has 
alternative methods available for compensatory mitigation 
activities.

Section 120. Corps operation of unmanned aircraft systems

    This section instructs the Corps to designate a coordinator 
and principal approving official for the use of drones in 
support of civil works and emergency response missions. This 
section requires that drones used by the Corps be operated in 
accordance with Federal Aviation Administration regulation. 
Drones acquired, operated, or maintained by the Corps are not 
to be used for any Department of Defense mission other than in 
support of civil works and emergency response of the Corps.

Section 121. Federal dredge fleet

    This section directs the Comptroller General to study the 
costs and benefits of expanding, reducing, or maintaining the 
current configuration of the federally owned hopper dredge 
fleet.

Section 122. Corps assets

    This section amends Section 6002(b) of the Water Resources 
Reform and Development Act of 2014 to require the Corps, in its 
inventory and review of properties to consider the extent to 
which a property has economic, cultural, historic, or 
recreational significance, or impacts at the national, state, 
or local level to determine if the property is necessary to 
carry out the missions of the Corps.

Section 123. Funding to process permits

    This section amends Section 214 of the Water Resources 
Development Act of 2000 to include railroad carriers as 
eligible to contribute funds to the Corps to expedite the 
evaluation of a permit, under the jurisdiction of the 
Department of the Army, related to a project or activity for 
public purpose. This section also makes permanent the program 
for natural gas companies and railroad carriers.

Section 124. Credit in lieu of reimbursement

    This section amends Section 1022 of the Water Resources 
Reform and Development Act of 2014 by clarifying that projects 
specifically authorized under section 211 of the Water 
Resources Development Act of 1996 for which a written agreement 
for construction was finalized on or before December 31, 2014, 
are eligible for credit in lieu of reimbursement for non-
federal project sponsors.

Section 125. Clarification of contributions during emergency events

    This section amends Section 1024 of the Water Resources 
Reform and Development Act of 2014 to allow the Corps to accept 
contributed materials and services for the purpose of 
repairing, restoring, or replacing a water resources 
development project that has had a failure of equipment.

Section 126. Study of Water Resources Development projects by non-
        federal interests

    This section amends the Water Resources Development Act of 
1986 to allow the Secretary of the Army-Civil Works to provide 
technical assistance to a non-federal interest. Currently, when 
carrying out a study under Section 203 authority, the Assistant 
Secretary of the Army may not have the opportunity to review or 
participate in a proposed study until late in the process. This 
provision is intended to facilitate the ability of the 
Assistant Secretary of the Army's office to provide technical 
assistance for feasibility studies for non-federal interests to 
ensure an integrated process. The Committee is aware that 
private sector engineering firms are currently engaged both by 
the Corps and by other public and private entities to perform 
this service for water resource and other infrastructure 
projects. The Committee does not intend this section to change 
the current process for carrying out architect-engineer design 
work, either by the private or public sector.

Section 127. Non-Federal construction of authorized flood damage 
        reduction projects

    This section amends the Water Resources Development Act of 
1986 to authorize credit or reimbursement for a discrete 
segment of a flood damage reduction project, or a separable 
element of the project, once the Secretary determines that 
construction of the discrete segment is complete and consistent 
with current law and the project authorization. Discrete 
segment is defined in this section as a physical portion of a 
flood damage reduction project and can be operated and 
maintained independently and without creating a hazard prior to 
completion of the project as a whole. Additionally, it is the 
intent of this section that a discrete segment need not be 
economically justified.

Section 128. Multistate activities

    This section amends the Planning Assistance to States 
program authorized under Section 22 of the Water Resources 
Development Act of 1974 to include groups of states as eligible 
to work with the Corps in the preparation of comprehensive 
plans for the development, utilization, and conservation of the 
water and related resources of drainage basins located within 
the boundaries of such states. This provides states the option 
to work jointly on water resources issues that affect more than 
one state, such as creating comprehensive regional water 
conservation plans.

Section 129. Regional participation assurance for levee safety 
        activities

    This section amends the levee safety provisions in the 
Water Resources Development Act of 2007 to ensure regional 
districts are active participants and adequately consulted in 
carrying out the National Levee Safety Program.

Section 130. Participation of non-Federal interests

    This section amends Section 221 of the Flood Control Act of 
1970 to authorize Alaska Native Corporations to participate as 
non-federal, cost-share partners on Corps projects.

Section 131. Indian tribes

    This section amends the Water Resources Development Act of 
1986 to direct the Corps to waive local cost-sharing 
requirements up to $455,000 for all studies and projects for 
federally recognized Indian tribes.

Section 132. Dissemination of information on the annual report process

    This section directs the Corps to develop and support 
education and awareness efforts to ensure that potential non-
federal interests and locally elected officials are informed of 
the new annual Report to Congress on Future Water Resources 
Development process established under Section 7001 of the Water 
Resources Reform and Development Act of 2014.

Section 133. Scope of projects

    This section amends Section 7001(f) of the Water Resources 
Reform and Development Act of 2014 to include within the term 
``water resources development project,'' a project under an 
environmental infrastructure assistance program.

Section 134. Preliminary feasibility study activities

    This section directs the Corps to meet with a non-federal 
interest, at the non-federal interest's request, for the 
purpose of a scoping meeting prior to the initiation of a 
feasibility study for the non-federal interest's proposed water 
resources development project. The purpose of the meeting is to 
review any preliminary analysis of the costs, benefits, and 
environmental impacts of the proposed project and provide an 
estimate of the costs of preparing the feasibility report.

Section 135. Post-authorization change reports

    This section directs the Corps to furnish post-
authorization change reports to Congress upon completion, 
instead of after Administration review. Administration review 
is instructed to happen within 120 days after completion of the 
report and prompt review is directed for any post-authorization 
change report that is completed but pending Administration 
review prior to the date of enactment of this Act. Like Reports 
of the Chief of Engineers, which are required to be submitted 
to Congress upon completion, the Committee is interested in 
reviewing the Corps' technical analysis of any proposed post-
authorization change for a project, and not the policy and 
practice of the Office of Management and Budget.

Section 136. Maintenance dredging data

    This section directs the Corps to establish a publicly 
available database of maintenance dredging carried out by 
federal and non-federal vessels. The information included in 
the database shall include the volume of dredged material 
removed, the total cost of the project, the party and vessel 
carrying out the work, the number of private contractor bids 
received, and the initial cost estimate for each project.

Section 137. Electronic submission and tracking of permit applications

    This section amends the Water Resources Development Act of 
2007 to direct the Corps to research, develop, and implement an 
electronic system to allow the electronic preparation and 
submission of applications for permits and requests for 
jurisdictional determinations under the jurisdiction of the 
Corps. All permit decisions and jurisdictional determinations 
should be available for a minimum of five years. This 
electronic system should be developed and implemented within 
two years after the date of enactment.

Section 138. Data transparency

    This section amends the Water Resources Development Act of 
2007 to instruct the Corps to make publically available, 
including on the Internet, all data on the planning, design, 
construction, operation, and maintenance of water resources 
development projects and on water quality and water management 
of projects owned, operated, or managed by the Corps. None of 
the data or information disclosed pursuant to this section 
shall include confidential, privileged, law enforcement, 
national security, infrastructure security, or personal 
information, or information the disclosure of which is 
prohibited by law.

Section 139. Backlog prevention

    This section terminates the authorization for any project 
or separable element of a project authorized for construction 
by this Act after seven years unless construction has been 
initiated. At the end of the seven-year period, the Corps must 
submit to Congress a report that identifies the projects 
deauthorized by this section. After the expiration of a 12-year 
period, the Corps shall submit to Congress a report that 
identifies any projects for which construction has been 
initiated but not completed, describes the reasons the projects 
were not completed, and provides a schedule for the completion 
of the projects based on expected levels of appropriations.

Section 140. Quality control

    This section amends the Flood Control Act of 1944 to 
require that transmittal letters and any accompanying 
attachments for each final study, statement, report, and record 
of decision be made publicly available in addition to being 
printed as House or Senate documents. Additionally, the Corps 
is directed to provide to Congress a copy of each final study, 
statement, report, and record of decision prepared by the 
Corps. The Committee remains concerned about the quality of 
documents provided to the Committee, and want to ensure 
printing costs are kept to a minimum. Too often, the Corps 
submits final reports and documents to Congress that contain 
substantive and technical errors. The Committee also notes that 
the Corps has failed to implement section 2041(a) of the Water 
Resources Development Act of 2007 that requires the Corps to 
develop a unique tracking number for individual Corps projects. 
This provision was included to avoid confusion in the 
identification of projects, or separable elements of projects, 
and the Corps is directed to implement that provision of Water 
Resources Development Act of 2007.

Section 141. Budget development and prioritization

    This section directs the Corps to biennially submit to 
Congress a report in conjunction with the President's budget 
that describes the budgeting metrics used in developing the 
Civil Works Budget for the fiscal year, explains the metrics 
used for each business line, and demonstrates how projects are 
prioritized.

Section 142. Use of natural and nature-based features

    This section directs the Corps to submit a report to 
Congress every two years on the use of natural and nature-based 
features in water resources development projects, including 
flood risk reduction, coastal resiliency, and aquatic ecosystem 
restoration projects.

Section 143. Annual report on purchase of foreign manufactured articles

    This section amends the Water Resources Development Act of 
1992 to direct the Corps to submit a report to Congress at the 
conclusion of each fiscal year on the dollar value of any 
articles, materials, or supplies that were manufactured outside 
of the United States and purchased by the Corps for civil works 
projects during the fiscal year.

Section 144. Integrated water resources planning

    This section directs the Corps to work with communities 
covered by a proposed water resources development project to 
coordinate the feasibility study with any existing local or 
regional water management plan.

Section 145. Evaluation of project partnership agreements

    This section instructs the Corps to prioritize and complete 
the activities directed in Section 1013 of the Water Resources 
Reform and Development Act of 2014. The Committee remains 
concerned about the pace of implementation guidance issued 
related to the Water Resources Reform and Development Act of 
2014. At the time of the Full Committee markup of the Water 
Resources Development Act of 2016, more than 30% of the 
implementation guidance for the Water Resources Reform and 
Development Act of 2014 has yet to be issued.

Section 146. Additional measures at donor ports and energy transfer 
        ports

    This section amends the Section 2106 of the Water Resources 
Reform and Development Act of 2014 to adjust the sunset date 
for the authorization of appropriations for donor ports and 
energy transfer ports.

Section 147. Arctic deep draft port development partnerships

    This section amends the Water Resources Reform and 
Development Act of 2014 to direct the Corps to consult with 
Department of Homeland Security and the Department of Defense 
to identify national security benefits associated with the 
development of Arctic deep draft ports.

Section 148. International outreach program

    This section amends the Water Resources Development Act of 
1992 to allow the Corps to engage in activities to inform the 
United States of technological innovations from abroad that 
could significantly improve water resources development in the 
United States. Technology transfer has long been a part of the 
Corps programs. For instance, after the North Sea floods of 
1953, Dutch engineers sought the expertise from the Corps in 
constructing the Delta Works in the Netherlands. Countries like 
Israel have a long track record of successful planning, design, 
and construction of desalination technologies. The Corps should 
enter into international technology transfer agreements where 
appropriate.

Section 149. Comprehensive study

    This section directs the Corps to study the flood risks for 
vulnerable coastal populations in areas within the boundaries 
of the South Atlantic Division.

Section 150. Alternative models for managing inland waterways trust 
        fund

    This section directs the Comptroller General to conduct a 
study to analyze alternative models for managing the Inland 
Waterways Trust Fund.

Section 151. Alternative projects to maintenance dredging

    This section allows the Corps to assume the operation and 
maintenance costs of alternative projects to maintenance 
dredging for a channel if the alternative project would lower 
the overall costs of maintaining the channel.

Section 152. Fish hatcheries

    This section allows the Corps to operate fish hatcheries in 
order to restore the threatened or endangered populations of 
fish species in the region serviced by the fish hatcheries.

Section 153. Environmental banks

    This section directs the Gulf Coast Ecosystem Restoration 
Council, established pursuant to subtitle F of Public Law 112-
141, to issue regulations to establish environmental banks for 
the purpose of mitigating environmental impacts caused by 
construction or other development activities.

                           TITLE II--STUDIES

Section 201. Authorization of proposed feasibility studies

    This section authorizes the Corps to conduct feasibility 
studies for 29 projects for water resources development and 
conservation and other purposes. These projects that the Corps 
is authorized to study were submitted to Congress in a Report 
to Congress on Future Water Resources Development pursuant to 
Section 7001 of the Water Resources Reform and Development Act 
of 2014, or otherwise reviewed by Congress. Each of the 
projects has as its primary purpose, one of the following: 
navigation, hurricane and storm damage reduction, flood damage 
reduction, or ecosystem restoration.

Section 202. Expedited completion of reports for certain projects

    This section directs the Corps to expedite the completion 
of eight feasibility studies currently underway. Upon 
completion of the study, if the Corps determines that the 
project is justified, the Corps may proceed directly to 
preconstruction planning, engineering, and design. This section 
also directs the Corps to expedite the completion of post-
authorization change reports for two projects that are 
currently underway.

           TITLE III--DEAUTHORIZATIONS AND RELATED PROVISIONS

Section 301. Deauthorization of inactive projects

    This section establishes a process that will lead to the 
deauthorization of $5 billion in previously authorized, yet 
inactive projects. This section requires the Corps to submit a 
list of inactive projects to Congress that were authorized for 
construction prior to November 8, 2007, have not begun 
planning, design, or construction, or, if projects have begun 
planning, design, or construction, they have not received any 
funds, federal or non-federal, in the past six years. The Corps 
shall identify projects beginning from the oldest authorization 
to the newest until the target deauthorization is met. After a 
180-day period of congressional review, the projects on the 
list are automatically deauthorized.

Section 302. Valdez, Alaska

    This section exempts Tract G, Harbor Subdivision, a project 
for navigation in Valdez, Alaska, from navigational servitude 
beginning on the date of enactment of this Act. The federal 
government may enter the property to perform required operation 
and maintenance of the general navigation features.

Section 303. Los Angeles County drainage area, Los Angeles County, 
        California

    This section directs the Corps to update the Water Control 
Manuals for control structures in the Los Angeles County 
Drainage Area and to integrate and incorporate into the project 
seasonal operations for water conservation and water supply.

Section 304. Sutter Basin, California

    This section deauthorizes the separable element 
constituting the locally preferred plan increment reflected in 
the report of the Chief of Engineers, dated March 12, 2014, and 
authorized for construction in item 8 of the table contained in 
Section 7002(2) of the Water Resources Reform and Development 
Act of 2014.

Section 305. Essex River, Massachusetts

    This section deauthorizes portions of the Essex River, 
Massachusetts navigation project authorized by the Act of July 
13, 1892, as amended.

Section 306. Port of Cascade Locks, Oregon

    This section extinguishes two identified flowage easements 
above the ordinary high water line in Hood River County, 
Oregon.

Section 307. Central Delaware River, Philadelphia, Pennsylvania

    This section declares a portion of the Delaware River in 
Philadelphia, Pennsylvania to be nonnavigable waters of the 
United States. The declaration only applies to the sections of 
the River that are or will be bulkheaded and filled or 
otherwise occupied by permanent structures.

Section 308. Huntingdon County, Pennsylvania

    This section directs the Corps to prioritize the updating 
of the Master Plan for the Juniata River and tributaries 
project, Huntingdon County, Pennsylvania. As a part of the 
update, the Corps shall assess, evaluate, and incorporate any 
alternatives for additional recreation access and development.

Section 309. Rivercenter, Philadelphia, Pennsylvania

    This section amends the Water Resources Development Act of 
1988 to make permanent the declaration of nonnavigability for 
portions of Rivercenter, Philadelphia, Pennsylvania.

Section 310. Joe Pool Lake, Texas

    This section directs the Corps to accept payment from the 
Trinity River Authority of Texas related to water supply 
storage in Joe Pool Lake, Texas.

Section 311. Salt Creek, Graham, Texas

    This section deauthorizes the project for flood control, 
environmental restoration, and recreation, Salt Creek, Graham, 
Texas, previously authorized by Section 101(a)(30) of the Water 
Resources Development Act of 1999. The Corps may transfer any 
land acquired by the federal government for the project on 
behalf of the non-federal interest that remains in federal 
ownership on or after the date of enactment of this Act to the 
non-federal interest.

Section 312. Texas City Ship Channel, Texas City, Texas

    This section exempts a portion of the Texas City Ship 
Channel in Texas City, Texas from navigational servitude.

                TITLE IV--WATER RESOURCES INFRASTRUCTURE

Section 401. Project authorizations

    This section authorizes 27 water resources projects that 
have completed technical review by the Corps and are 
recommended by the Chief of Engineers. The projects are 
authorized to be carried out in accordance with the plan, and 
subject to the conditions, described in the Chief's Reports. 
Each of the projects has as its primary purpose, one of the 
following: navigation, flood risk management, hurricane and 
storm damage risk reduction, or ecosystem restoration. This 
section also authorizes five project modifications for 
previously authorized projects.

                           Additional Matters

    Congress has been conferring its authority to the Corps 
since the 1820's when the agency was given the mission to 
provide for navigation improvements to the Ohio and Mississippi 
Rivers. Throughout much of the Nation's history, this has 
proven to be a wise decision by Congress. However, in recent 
years, the Corps and the Office of Management and Budget (OMB) 
have found new and innovative approaches to rejecting, 
disqualifying, or otherwise stifling investment in worthwhile 
and beneficial water resources development projects.
    One of those unique methods is by utilizing an arbitrary 
and limiting ``new start'' policy. By unilaterally restricting 
budgetary consideration of critical water resources investment, 
the Administration is needlessly delaying initiation of many 
Congressionally authorized projects. While the Committee 
recognizes the importance of project completion, Members of 
Congresshave been consistently approaching the Committee about 
this ``new start'' policy, even offering amendments that spoke to this 
issue during consideration of this legislation.
    For instance, it has come to the attention of the Committee 
that the Corps and OMB are inflicting this ``new start'' policy 
on separable elements of projects that have already been 
initiated. Abandoned, or partially completed construction 
projects are of benefit to no one, and the Corps and OMB should 
provide flexibility and consideration for its non-federal cost-
share partners in determining its ``new start'' criteria.
    The Committee is aware of numerous concerns related to the 
Corps' implementation of Section 14 of the Rivers and Harbors 
Act of 1899 (commonly called a ``408 certification'', since 
this law is codified in 33 U.S.C. Sec. 408). Non-federal 
entities seeking to modify federal water resources projects are 
often required to obtain a 408 certification from the Corps 
prior to initiating the modification; however, the Committee 
believes that this process can be improved upon. For example, 
the Committee has heard concerns expressed on the length of 
time to receive this certification. Section 1007 of Water 
Resources Reform and Development Act of 2014 requires the 
Secretary to establish benchmark goals for completing section 
408 certifications in a timely manner. This is one of several 
provisions of Water Resources Reform and Development Act of 
2014 that the Corps has failed to implement. Further, the 
Committee is concerned that, in recent updates of its 
engineering circulars or guidance related to the 408 
certification process, the Corps has failed to recognize these 
benchmark goals to improve the pace of 408 certification 
review.
    The Committee has also heard concerns from non-federal 
entities on the scope of activities covered by the 408 
certification process, or that the Corps may suggest a proposed 
modification (requiring 408 certification) will not be 
acceptable prior to a non-federal entity completing its 
application for a 408 certification. While the unique 
circumstances of these concerns may be fact-specific to 
individual projects or applications, they are consistent with 
an overall frustration expressed by non-federal entities with 
the 408 certification process. The Committee believes that 
Corps should redouble its efforts to ensure that necessary 
certifications under this authority are carried out in an 
expeditious and transparent manner, consistent with federal 
law, and that Corps regulatory personnel are provided with 
sufficient federal resources to carry out this authority.
    The Committee remains concerned with the pace of issuance 
of required implementation guidance related to the Water 
Resources Reform and Development Act of 2014. At the time of 
Committee consideration of H.R. 5303, less than 70 percent of 
the implementation guidance had been issued, almost two years 
after enactment. Further, in specific cases, the guidance that 
was issued failed to provide a framework for implementation of 
the enacted language. For instance, in issuing the 
implementation guidance for requirements under section 5014 of 
Title V of the Water Resources Reform and Development Act of 
2014 related to Public Private Partnerships, the Corps provided 
guidance that essentially stated only when funds were provided 
to the Corps to carry out the law, would further implementation 
guidance be issued. The Corps is encouraged to re-issue this 
implementation guidance prior to receiving funding for these 
programs so Congress may get a better sense of how taxpayer 
funds will be invested, how proposals for public-private 
partnerships will be considered by the Corps, and how these 
partnerships will be incorporated into future budget policy.
    Additionally, the Committee has heard from many non-federal 
project sponsors and their associated representatives related 
to coordination and consultation on implementation guidance. In 
many instances, expertise on water resources development 
projects lies outside the Washington, D.C. Beltway. The Corps 
should adopt an open process to gather input and initiate a 
dialogue with those non-federal sponsors who have a stake in 
how programs and activities are carried out. Hosting one-way 
communications through Webinars and other non-participatory 
forums jeopardizes the necessary modifications and adjustments 
to the Corps programs and activities that were authorized in 
the Water Resources Reform and Development Act of 2014. The 
Corps should work to ensure all non-federal project sponsor 
voices are heard and incorporate those considerations and 
Congressional intent into final implementation guidance.
    Section 3022 of the Water Resources Reform and Development 
Act of 2014 directed the Secretary to encourage, to the maximum 
extent practicable, the use of durable and sustainable 
materials and resilient construction techniques that allow a 
water resources project to resist hazards due to a major 
disaster and to continue to serve its primary function post 
event.In carrying out this section, the Secretary should ensure 
that each of the materials and practices will increase 
performance reliability in anticipated use, reduce the risk of 
failure during extreme events, maintain a project's primary 
function during changing conditions, and help to support 
specific community recovery goals for water resources projects.
    Section 7001 of the Water Resources Reform and Development 
Act of 2014 requires the Corps to annually publish a notice in 
the Federal Register requesting proposals from non-federal 
interests for project authorizations, studies, and 
modifications to existing Corps projects. Further, it requires 
the Secretary to submit to Congress and make publicly available 
a ``Report to Congress on Future Water Resources Development'' 
(Annual Report) of those activities that are related to the 
missions of the Corps and require specific authorization by 
law.
    Additionally, this section requires the Secretary to 
certify the proposals included in the annual report meet the 
criteria established by Congress in this section. The section 
requires that information be provided about each proposal that 
is in the Annual Report submitted to the Congress. This 
information is meant to help the Congress set priorities 
regarding which potential studies, projects, and modifications 
will receive authorizations. The Secretary is expected to make 
use of information that is readily available and is not 
expected to begin a detailed and time-consuming analysis for 
additional information.
    The Committee would like to remind the Corps that the 
Annual Report is intended to reflect a broad spectrum of 
activities for Congress, not the Administration, to consider in 
authorizing future water resources projects. The job of the 
Corps under Section 7001 is primarily an administrative one. 
That is, the Corps is to collect proposals, screen them against 
the five criteria in the law, and simply report the findings.
    The contents of the first Annual Report did not meet this 
Committee's expectations, not only in terms of the number of 
proposals submitted by non-federal project sponsors, but also 
how the Administration used this process as a way to promote 
their priorities, and not those of the non-federal project 
sponsors. The Administration has many tools available to 
provide their priorities to Congress, but the Annual Report is 
not one of those tools.
    However, after an immense amount of oversight work by the 
Committee and with the Corps playing the role of a willing 
partner, the second Annual Report was much improved. Many of 
the projects submitted in the second Annual Report are proposed 
to be authorized in this legislation. The Committee expects the 
Corps to further refine the process required under section 7001 
of the Water Resources Reform and Development Act and eagerly 
anticipates another improved Annual Report in 2017.
    The Committee continues to encourage the Corps to 
prioritize investment in preconstruction engineering and design 
(PED) of measures authorized in title VIII of the Water 
Resources and Development Act of 2007 related to navigation and 
ecosystem improvements on the Upper Mississippi River and 
Illinois Waterway. Timely completion of PED and proceeding to 
construction will advance America's competiveness, as well as 
the readiness of the improved locks and a more functional 
ecosystem.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                WATER RESOURCES DEVELOPMENT ACT OF 2000

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the``Water 
Resources Development Act of 2000''.
  (b) Table of Contents.--

Sec. 1. Short title; table of contents.
     * * * * * * *

                      TITLE II--GENERAL PROVISIONS

     * * * * * * *
[Sec. 215. Dredged material marketing and recycling.]
Sec. 215. Reservoir sediment.
     * * * * * * *

TITLE II--GENERAL PROVISIONS

           *       *       *       *       *       *       *

SEC. 213. ASSISTANCE PROGRAMS.

  (a) Conservation and Recreation Management.--To further 
training and educational opportunities about water resources 
development projects under the jurisdiction of the Secretary, 
the Secretary may enter into cooperative agreements with non-
Federal public and nonprofit entities for services relating to 
natural resources conservation or recreation management.
  (b) Rural Community Assistance.--In carrying out studies and 
projects under the jurisdiction of the Secretary, the Secretary 
may enter into cooperative agreements with multistate regional 
private nonprofit rural community assistance entities for 
services, including water resource assessment, community 
participation, planning, development, and management 
activities.
  (c) Youth Service and Conservation Corps Organizations.--The 
Secretary shall, to the maximum extent practicable, enter into 
cooperative agreements with qualified youth service and 
conservation corps organizations for services relating to 
projects under the jurisdiction of the Secretary and shall do 
so in a manner that ensures the maximum participation and 
opportunities for such organizations.
  [(c)] (d) Cooperative Agreements.--A cooperative agreement 
entered into under this section shall not be considered to be, 
or treated as being, a cooperative agreement to which chapter 
63 of title 31, United States Code, applies.

SEC. 214. FUNDING TO PROCESS PERMITS.

  (a) Funding to Process Permits.--
          (1) Definitions.--In this subsection:
                  (A) Natural gas company.--The term ``natural 
                gas company'' has the meaning given the term in 
                section 1262 of the Public Utility Holding 
                Company Act of 2005 (42 U.S.C. 16451), except 
                that the term also includes a person engaged in 
                the transportation of natural gas in intrastate 
                commerce.
                  (B) Public-utility company.--The term 
                ``public-utility company'' has the meaning 
                given the term in section 1262 of the Public 
                Utility Holding Company Act of 2005 (42 U.S.C. 
                16451).
                  (C) Railroad carrier.--The term ``railroad 
                carrier'' has the meaning given the term in 
                section 20102 of title 49, United States Code.
          (2) Permit processing.--The Secretary, after public 
        notice, may accept and expend funds contributed by a 
        non-Federal public entity or a public-utility company 
        [or natural gas company], natural gas company, or 
        railroad carrier to expedite the evaluation of a permit 
        of that entity [or company], company, or carrier 
        related to a project or activity for a public purpose 
        under the jurisdiction of the Department of the Army.
          [(3) Limitation for public-utility and natural gas 
        companies.--The authority provided under paragraph (2) 
        to a public-utility company or natural gas company 
        shall expire on the date that is 7 years after the date 
        of enactment of this paragraph.]
          [(4)] (3) Effect on other entities.--To the maximum 
        extent practicable, the Secretary shall ensure that 
        expediting the evaluation of a permit through the use 
        of funds accepted and expended under this section does 
        not adversely affect the timeline for evaluation (in 
        the Corps district in which the project or activity is 
        located) of permits under the jurisdiction of the 
        Department of the Army of other entities that have not 
        contributed funds under this section.
          [(5)] (4) GAO study.--Not later than 4 years after 
        the date of enactment of this paragraph, the 
        Comptroller General of the United States shall carry 
        out a study of the implementation by the Secretary of 
        the authority provided under paragraph (2) to public-
        utility companies [and natural gas companies], natural 
        gas companies, and railroad carriers.
  (b) Effect on Permitting.--
          (1) In general.--In carrying out this section, the 
        Secretary shall ensure that the use of funds accepted 
        under subsection (a) will not impact impartial 
        decisionmaking with respect to permits, either 
        substantively or procedurally.
          (2) Impartial decisionmaking.--In carrying out this 
        section, the Secretary shall ensure that the evaluation 
        of permits carried out using funds accepted under this 
        section shall--
                  (A) be reviewed by--
                          (i) the District Commander, or the 
                        Commander's designee, of the Corps 
                        District in which the project or 
                        activity is located; or
                          (ii) the Commander of the Corps 
                        Division in which the District is 
                        located if the evaluation of the permit 
                        is initially conducted by the District 
                        Commander; and
                  (B) utilize the same procedures for decisions 
                that would otherwise be required for the 
                evaluation of permits for similar projects or 
                activities not carried out using funds 
                authorized under this section.
  (c) Limitation on Use of Funds.--None of the funds accepted 
under this section shall be used to carry out a review of the 
evaluation of permits required under subsection (b)(2)(A).
  (d) Public Availability.--
          (1) In general.--The Secretary shall ensure that all 
        final permit decisions carried out using funds 
        authorized under this section are made available to the 
        public in a common format, including on the Internet, 
        and in a manner that distinguishes final permit 
        decisions under this section from other final actions 
        of the Secretary.
          (2) Decision document.--The Secretary shall--
                  (A) use a standard decision document for 
                evaluating all permits using funds accepted 
                under this section; and
                  (B) make the standard decision document, 
                along with all final permit decisions, 
                available to the public, including on the 
                Internet.
          (3) Agreements.--The Secretary shall make all active 
        agreements to accept funds under this section available 
        on a single public Internet site.
  (e) Reporting.--
          (1) In general.--The Secretary shall prepare an 
        annual report on the implementation of this section, 
        which, at a minimum, shall include for each district of 
        the Corps of Engineers that accepts funds under this 
        section--
                  (A) a comprehensive list of any funds 
                accepted under this section during the previous 
                fiscal year;
                  (B) a comprehensive list of the permits 
                reviewed and approved using funds accepted 
                under this section during the previous fiscal 
                year, including a description of the size and 
                type of resources impacted and the mitigation 
                required for each permit; and
                  (C) a description of the training offered in 
                the previous fiscal year for employees that is 
                funded in whole or in part with funds accepted 
                under this section.
          (2) Submission.--Not later than 90 days after the end 
        of each fiscal year, the Secretary shall--
                  (A) submit to the Committee on Environment 
                and Public Works of the Senate and the 
                Committee on Transportation and Infrastructure 
                of the House of Representatives the annual 
                report described in paragraph (1); and
                  (B) make each report received under 
                subparagraph (A) available on a single publicly 
                accessible Internet site.

           *       *       *       *       *       *       *

[SEC. 215. DREDGED MATERIAL MARKETING AND RECYCLING.

  [(a) Dredged Material Marketing.--
          [(1) In general.--Not later than 180 days after the 
        date of enactment of this Act, the Secretary shall 
        establish a program to allow the direct marketing of 
        dredged material to public agencies and private 
        entities.
          [(2) Limitations.--The Secretary shall not establish 
        the program under paragraph (1) unless the Secretary 
        determines that the program is in the interest of the 
        United States and is economically justified, equitable, 
        and environmentally acceptable.
          [(3) Regional responsibility.--The program described 
        in paragraph (1) may authorize each of the 8 division 
        offices of the Corps of Engineers to market to public 
        agencies and private entities any dredged material from 
        projects under the jurisdiction of the regional office. 
        Any revenues generated from any sale of dredged 
        material to such entities shall be deposited in the 
        United States Treasury.
          [(4) Reports.--Not later than 180 days after the date 
        of enactment of this Act, and annually thereafter for a 
        period of 4 years, the Secretary shall transmit to 
        Congress a report on the program established under 
        paragraph (1).
          [(5) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this 
        subsection $2,000,000 for each fiscal year.
  [(b) Dredged Material Recycling.--
          [(1) Pilot program.--The Secretary shall conduct a 
        pilot program to provide incentives for the removal of 
        dredged material from confined disposal facilities 
        associated with Corps of Engineer navigation projects 
        for the purpose of recycling the dredged material and 
        extending the life of the confined disposal facilities.
          [(2) Report.--Not later than 90 days after the date 
        of completion of the pilot program, the Secretary shall 
        transmit to Congress a report on the results of the 
        program.
          [(3) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this 
        subsection $2,000,000, except that not to exceed 
        $1,000,000 may be expended with respect to any 
        project.]

SEC. 215. RESERVOIR SEDIMENT.

  (a) In General.--Not later than 180 days after the date of 
enactment of the Water Resources Development Act of 2016 and 
after providing public notice, the Secretary shall establish, 
using available funds, a pilot program to accept services 
provided by a non-Federal interest or commercial entity for 
removal of sediment captured behind a dam owned or operated by 
the United States and under the jurisdiction of the Secretary 
for the purpose of restoring the authorized storage capacity of 
the project concerned.
  (b) Requirements.--In carrying out this section, the 
Secretary shall--
          (1) review the services of the non-Federal interest 
        or commercial entity to ensure that the services are 
        consistent with the authorized purposes of the project 
        concerned;
          (2) ensure that the non-Federal interest or 
        commercial entity will indemnify the United States for, 
        or has entered into an agreement approved by the 
        Secretary to address, any adverse impact to the dam as 
        a result of such services;
          (3) require the non-Federal interest or commercial 
        entity, prior to initiating the services and upon 
        completion of the services, to conduct sediment surveys 
        to determine the pre- and post-services sediment 
        profile and sediment quality; and
          (4) limit the number of dams for which services are 
        accepted to 10.
  (c) Limitation.--
          (1) In general.--The Secretary may not accept 
        services under subsection (a) if the Secretary, after 
        consultation with the Chief of Engineers, determines 
        that accepting the services is not advantageous to the 
        United States.
          (2) Report to congress.--If the Secretary makes a 
        determination under paragraph (1), the Secretary shall 
        provide to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate 
        written notice describing the reasoning for the 
        determination.
  (d) Disposition of Removed Sediment.--In exchange for 
providing services under subsection (a), a non-Federal interest 
or commercial entity is authorized to retain, use, recycle, 
sell, or otherwise dispose of any sediment removed in 
connection with the services and the Corps of Engineers may not 
seek any compensation for the value of the sediment.
  (e) Congressional Notification.--Prior to accepting services 
provided by a non-Federal interest or commercial entity under 
this section, the Secretary shall provide to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public 
Works of the Senate written notice of the acceptance of the 
services.
  (f) Report to Congress.--Upon completion of services at the 
10 dams allowed under subsection (b)(4), the Secretary shall 
make publicly available and submit to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public 
Works of the Senate a report documenting the results of the 
services.

           *       *       *       *       *       *       *

SEC. 506. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION.

  (a) Findings.--Congress finds that--
          (1) the Great Lakes comprise a nationally and 
        internationally significant fishery and ecosystem;
          (2) the Great Lakes fishery and ecosystem should be 
        developed and enhanced in a coordinated manner; and
          (3) the Great Lakes fishery and ecosystem provides a 
        diversity of opportunities, experiences, and beneficial 
        uses.
  (b) Definitions.--In this section, the following definitions 
apply:
          (1) Great lake.--
                  (A) In general.--The term ``Great Lake'' 
                means Lake Superior, Lake Michigan, Lake Huron 
                (including Lake St. Clair), Lake Erie, and Lake 
                Ontario (including the St. Lawrence River to 
                the 45th parallel of latitude).
                  (B) Inclusions.--The term ``Great Lake'' 
                includes any connecting channel, historically 
                connected tributary, and basin of a lake 
                specified in subparagraph (A).
          (2) Great lakes commission.--The term ``Great Lakes 
        Commission'' means the Great Lakes Commission 
        established by the Great Lakes Basin Compact (82 Stat. 
        414).
          (3) Great lakes fishery commission.--The term ``Great 
        Lakes Fishery Commission'' has the meaning given the 
        term ``Commission'' in section 2 of the Great Lakes 
        Fishery Act of 1956 (16 U.S.C. 931).
          (4) Great lakes state.--The term ``Great Lakes 
        State'' means each of the States of Illinois, Indiana, 
        Michigan, Minnesota, Ohio, Pennsylvania, New York, and 
        Wisconsin.
  (c) Great Lakes Fishery and Ecosystem Restoration.--
          (1) Support plan.--
                  (A) In general.--Not later than 1 year after 
                December 11, 2000, the Secretary shall develop 
                a plan for activities of the Corps of Engineers 
                that support the management of Great Lakes 
                fisheries.
                  (B) Use of existing documents.--To the 
                maximum extent practicable, the plan shall make 
                use of and incorporate documents that relate to 
                the Great Lakes and are in existence on 
                December 11, 2000, such as lakewide management 
                plans and remedial action plans.
                  (C) Cooperation.--The Secretary shall develop 
                the plan in cooperation with--
                          (i) the signatories to the Joint 
                        Strategic Plan for Management of the 
                        Great Lakes Fisheries; and
                          (ii) other affected interests.
          (2) Reconnaissance studies.--Before planning, 
        designing, or constructing a project under paragraph 
        (3), the Secretary shall carry out a reconnaissance 
        study--
                  (A) to identify methods of restoring the 
                fishery, ecosystem, and beneficial uses of the 
                Great Lakes; and
                  (B) to determine whether planning of a 
                project under paragraph (3) should proceed.
          (3) Projects.--The Secretary shall plan, design, and 
        construct projects to support the restoration of the 
        fishery, ecosystem, and beneficial uses of the Great 
        Lakes.
          (4) Evaluation program.--
                  (A) In general.--The Secretary shall develop 
                a program to evaluate the success of the 
                projects carried out under paragraph (3) in 
                meeting fishery and ecosystem restoration 
                goals.
                  (B) Studies.--Evaluations under subparagraph 
                (A) shall be conducted in consultation with the 
                Great Lakes Fishery Commission and appropriate 
                Federal, State, and local agencies.
  (d)  Cooperative Agreements.--In carrying out this section, 
the Secretary may enter into a cooperative agreement with the 
Great Lakes Commission or any other agency established to 
facilitate active State participation in management of the 
Great Lakes.
  (e)  Relationship to Other Great Lakes Activities.--No 
activity under this section shall affect the date of completion 
of any other activity relating to the Great Lakes that is 
authorized under other law.
  (f) Cost Sharing.--
          (1) Development of plan.--The Federal share of the 
        cost of development of the plan under subsection (c)(1) 
        of this section shall be 65 percent.
          (2) Project planning, design, construction, and 
        evaluation.--Except for reconnaissance studies, the 
        Federal share of the cost of planning, design, 
        construction, and evaluation of a project under 
        paragraph (3) or (4) of subsection (c) of this section 
        shall be 65 percent.
          (3) Non-federal share.--
                  (A) Credit for land, easements, and rights-
                of-way.--The Secretary shall credit the non-
                Federal interest for the value of any land, 
                easement, right-of-way, dredged material 
                disposal area, or relocation provided for 
                carrying out a project under subsection (c)(3).
                  (B) Form.--The non-Federal interest may 
                provide up to 100 percent of the non-Federal 
                share required under paragraphs (1) and (2) in 
                the form of services, materials, supplies, or 
                other in-kind contributions.
          (4)  Operation and maintenance.--The operation, 
        maintenance, repair, rehabilitation, and replacement of 
        projects carried out under this section shall be a non-
        Federal responsibility.
          (5) Non-federal interests.--In accordance with 
        section 221 of the Flood Control Act of 1970 (42 U.S.C. 
        1962d-5b), for any project carried out under this 
        section, a non-Federal interest may include a private 
        interest and a nonprofit entity.
  [(g) Authorization of Appropriations.--
          [(1) Development of plan.--There is authorized to be 
        appropriated for development of the plan under 
        subsection (c)(1) of this section $300,000.
          [(2) Other activities.--There is authorized to be 
        appropriated to carry out paragraphs (2) and (3) of 
        subsection (c) of this section $100,000,000.]

           *       *       *       *       *       *       *

                              ----------                              

WATER RESOURCES DEVELOPMENT ACT OF 1986

           *       *       *       *       *       *       *

TITLE II--HARBOR DEVELOPMENT

           *       *       *       *       *       *       *

SEC. 203. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL 
                    INTERESTS.

  (a) Submission to Secretary.--
          (1) In general.--A non-Federal interest may undertake 
        a feasibility study of a proposed water resources 
        development project and submit the study to the 
        Secretary.
          (2) Guidelines.--To assist non-Federal interests, the 
        Secretary, as soon as practicable, shall issue 
        guidelines for feasibility studies of water resources 
        development projects to provide sufficient information 
        for the formulation of the studies.
  (b) Review by Secretary.--The Secretary shall review each 
feasibility study received under subsection (a)(1) for the 
purpose of determining whether or not the study, and the 
process under which the study was developed, each comply with 
Federal laws and regulations applicable to feasibility studies 
of water resources development projects.
  (c) Submission to Congress.--Not later than 180 days after 
the date of receipt of a feasibility study of a project under 
subsection (a)(1), the Secretary shall submit to the Committee 
on Environment and Public Works of the Senate and the Committee 
on Transportation and Infrastructure of the House of 
Representatives a report that describes--
          (1) the results of the Secretary's review of the 
        study under subsection (b), including a determination 
        of whether the project is feasible;
          (2) any recommendations the Secretary may have 
        concerning the plan or design of the project; and
          (3) any conditions the Secretary may require for 
        construction of the project.
  (d) Credit.--If a project for which a feasibility study has 
been submitted under subsection (a)(1) is authorized by a 
Federal law enacted after the date of the submission to 
Congress under subsection (c), the Secretary shall credit 
toward the non-Federal share of the cost of construction of the 
project an amount equal to the portion of the cost of 
developing the study that would have been the responsibility of 
the United States if the study had been developed by the 
Secretary.
  (e) Technical Assistance.--At the request of a non-Federal 
interest, the Secretary may provide to the non-Federal interest 
technical assistance relating to any aspect of a feasibility 
study if the non-Federal interest contracts with the Secretary 
to pay all costs of providing such technical assistance.

SEC. 204. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-
                    FEDERAL INTERESTS.

  (a) Water Resources Development Project Defined.--In this 
section, the term ``water resources development project'' means 
a project recommendation that results from--
          (1) a feasibility report, as such term is defined in 
        section 7001(f) of the Water Resources Reform and 
        Development Act of 2014;
          (2) a completed feasibility study developed under 
        section 203; or
          (3) a final feasibility study for water resources 
        development and conservation and other purposes that is 
        specifically authorized by Congress to be carried out 
        by the Secretary.
  (b) Authority.--
          (1) In general.--A non-Federal interest may carry out 
        a water resources development project, or separable 
        element thereof--
                  (A) in accordance with a plan approved by the 
                Secretary for the project or separable element; 
                and
                  (B) subject to any conditions that the 
                Secretary may require, including any conditions 
                specified under section 203(c)(3).
          (2) Conditions.--Before carrying out a water 
        resources development project, or separable element 
        thereof, under this section, a non-Federal interest 
        shall--
                  (A) obtain any permit or approval required in 
                connection with the project or separable 
                element under Federal or State law; and
                  (B) ensure that a final environmental impact 
                statement or environmental assessment, as 
                appropriate, for the project or separable 
                element has been filed.
  (c) Studies and Engineering.--When requested by an 
appropriate non-Federal interest, the Secretary may undertake 
all necessary studies and engineering for any construction to 
be undertaken under subsection (b), and provide technical 
assistance in obtaining all necessary permits for the 
construction, if the non-Federal interest contracts with the 
Secretary to furnish the United States funds for the studies, 
engineering, or technical assistance in the period during which 
the studies and engineering are being conducted.
  (d) Credit or Reimbursement.--
          (1) General rule.--Subject to paragraph (3), a 
        project or separable element of a project carried out 
        by a non-Federal interest under this section shall be 
        eligible for credit or reimbursement for the Federal 
        share of work carried out on a project or separable 
        element of a project if--
                  (A) before initiation of construction of the 
                project or separable element--
                          (i) the Secretary approves the plans 
                        for construction of the project or 
                        separable element of the project by the 
                        non-Federal interest;
                          (ii) the Secretary determines, before 
                        approval of the plans, that the project 
                        or separable element of the project is 
                        feasible; and
                          (iii) the non-Federal interest enters 
                        into a written agreement with the 
                        Secretary under section 221 of the 
                        Flood Control Act of 1970 (42 U.S.C. 
                        1962d-5b), including an agreement to 
                        pay the non-Federal share, if any, of 
                        the cost of operation and maintenance 
                        of the project; and
                  (B) the Secretary determines that all Federal 
                laws and regulations applicable to the 
                construction of a water resources development 
                project, and any conditions identified under 
                subsection (b)(1)(B), were complied with by the 
                non-Federal interest during construction of the 
                project or separable element of the project.
          (2) Application of credit.--The Secretary may apply 
        credit toward--
                  (A) the non-Federal share of authorized 
                separable elements of the same project; or
                  (B) subject to the requirements of this 
                section and section 1020 of the Water Resources 
                Reform and Development Act of 2014, at the 
                request of the non-Federal interest, the non-
                Federal share of a different water resources 
                development project.
          (3) Requirements.--The Secretary may only apply 
        credit or provide reimbursement under paragraph (1) 
        if--
                  (A) Congress has authorized construction of 
                the project or separable element of the 
                project; and
                  (B) the Secretary certifies that the project 
                has been constructed in accordance with--
                          (i) all applicable permits or 
                        approvals; and
                          (ii) this section.
          (4) Monitoring.--The Secretary shall regularly 
        monitor and audit any water resources development 
        project, or separable element of a water resources 
        development project, constructed by a non-Federal 
        interest under this section to ensure that--
                  (A) the construction is carried out in 
                compliance with the requirements of this 
                section; and
                  (B) the costs of the construction are 
                reasonable.
          (5) Discrete segments.--
                  (A) In general.--The Secretary may authorize 
                credit or reimbursement under this subsection 
                for a discrete segment of a flood damage 
                reduction project, or separable element 
                thereof, before final completion of the project 
                or separable element if--
                          (i) except as provided in clause 
                        (ii), the Secretary determines that the 
                        discrete segment satisfies the 
                        requirements of paragraphs (1) through 
                        (4) in the same manner as the project 
                        or separable element; and
                          (ii) notwithstanding paragraph 
                        (1)(A)(ii), the Secretary determines, 
                        before the approval of the plans under 
                        paragraph (1)(A)(i), that the discrete 
                        segment is technically feasible and 
                        environmentally acceptable.
                  (B) Determination.--Credit or reimbursement 
                may not be made available to a non-Federal 
                interest pursuant to this paragraph until the 
                Secretary determines that--
                          (i) the construction of the discrete 
                        segment for which credit or 
                        reimbursement is requested is complete; 
                        and
                          (ii) the construction is consistent 
                        with the authorization of the 
                        applicable flood damage reduction 
                        project, or separable element thereof, 
                        and the plans approved under paragraph 
                        (1)(A)(i).
                  (C) Written agreement.--
                          (i) In general.--As part of the 
                        written agreement required under 
                        paragraph (1)(A)(iii), a non-Federal 
                        interest to be eligible for credit or 
                        reimbursement under this paragraph 
                        shall--
                                  (I) identify any discrete 
                                segment that the non-Federal 
                                interest may carry out; and
                                  (II) agree to the completion 
                                of the flood damage reduction 
                                project, or separable element 
                                thereof, with respect to which 
                                the discrete segment is a part 
                                and establish a timeframe for 
                                such completion.
                          (ii) Remittance.--If a non-Federal 
                        interest fails to complete a flood 
                        damage reduction project, or separable 
                        element thereof, that it agreed to 
                        complete under clause (i)(II), the non-
                        Federal interest shall remit any 
                        reimbursements received under this 
                        paragraph for a discrete segment of 
                        such project or separable element.
                  (D) Discrete segment defined.--In this 
                paragraph, the term ``discrete segment'' means 
                a physical portion of a flood damage reduction 
                project, or separable element thereof--
                          (i) described by a non-Federal 
                        interest in a written agreement 
                        required under paragraph (1)(A)(iii); 
                        and
                          (ii) that the non-Federal interest 
                        can operate and maintain, independently 
                        and without creating a hazard, in 
                        advance of final completion of the 
                        flood damage reduction project, or 
                        separable element thereof.
  (e) Notification of Committees.--If a non-Federal interest 
notifies the Secretary that the non-Federal interest intends to 
carry out a project, or separable element thereof, under this 
section, the Secretary shall provide written notice to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives concerning the intent of the non-Federal 
interest.
  (f) Operation and Maintenance.--Whenever a non-Federal 
interest carries out improvements to a federally authorized 
harbor or inland harbor, the Secretary shall be responsible for 
operation and maintenance in accordance with section 101(b) 
if--
          (1) before construction of the improvements--
                  (A) the Secretary determines that the 
                improvements are feasible and consistent with 
                the purposes of this title; and
                  (B) the Secretary and the non-Federal 
                interest execute a written agreement relating 
                to operation and maintenance of the 
                improvements;
          (2) the Secretary certifies that the project or 
        separable element of the project is constructed in 
        accordance with applicable permits and appropriate 
        engineering and design standards; and
          (3) the Secretary does not find that the project or 
        separable element is no longer feasible.

           *       *       *       *       *       *       *

SEC. 210. [AUTHORIZATION OF APPROPRIATIONS] FUNDING FOR HARBOR 
                    NAVIGATION.

  (a) Trust Fund.--There are authorized to be appropriated out 
of the Harbor Maintenance Trust Fund, established by section 
9505 of the Internal Revenue Code of 1954, for each fiscal year 
such sums as may be necessary to pay--
          (1) 100 percent of the eligible operations and 
        maintenance costs of those portions of the Saint 
        Lawrence Seaway operated and maintained by the Saint 
        Lawrence Seaway Development Corporation for such fiscal 
        year; and
          (2) up to 100 percent of the eligible operations and 
        maintenance costs assigned to commercial navigation of 
        all harbors and inland harbors within the United 
        States.
  (b) General Fund.--There are authorized to be appropriated 
out of the general fund of the Treasury of the United States 
for each fiscal year such sums as may be necessary to pay the 
balance of all eligible operations and maintenance costs not 
provided by payments from the Harbor Maintenance Trust Fund 
under this section.
  (c) Use of Collected Funds in Fiscal Year 2027 and 
Thereafter.--
          (1) Use of funds.--In addition to the amounts 
        appropriated under subsections (a) and (b), there shall 
        be available to the Secretary, out of the Harbor 
        Maintenance Trust Fund, without further appropriation, 
        for fiscal year 2027 and each fiscal year thereafter, 
        such sums as may be necessary to carry out the purposes 
        of subsection (a)(2).
          (2) Availability of amounts.--Amounts made available 
        under this subsection shall remain available until 
        expended.
  [(c)] (d) Operation and Maintenance of Harbor Projects.--
          (1) In general.--To the maximum extent practicable, 
        the Secretary shall make expenditures to pay for 
        operation and maintenance costs of the harbors and 
        inland harbors referred to in subsection (a)(2), 
        including expenditures of funds appropriated from the 
        Harbor Maintenance Trust Fund, based on an equitable 
        allocation of funds among all such harbors and inland 
        harbors.
          (2) Criteria.--
                  (A) In general.--In determining an equitable 
                allocation of funds under paragraph (1), the 
                Secretary shall--
                          (i) consider the information obtained 
                        in the assessment conducted under 
                        [subsection (e)] subsection (f);
                          (ii) consider the national and 
                        regional significance of harbor 
                        operations and maintenance; and
                          (iii) as appropriate, consider 
                        national security and military 
                        readiness needs.
                  (B) Limitation.--The Secretary shall not 
                allocate funds under paragraph (1) based solely 
                on the tonnage transiting through a harbor.
          (3) Emerging harbor projects.--Notwithstanding any 
        other provision of this subsection, in making 
        expenditures under paragraph (1) [for each of fiscal 
        years 2015 through 2022] for each fiscal year, the 
        Secretary shall allocate for operation and maintenance 
        costs of emerging harbor projects an amount that is not 
        less than 10 percent of the funds made available under 
        this section for fiscal year 2012 to pay the costs 
        described in subsection (a)(2).
          (4) Management of great lakes navigation system.--To 
        sustain effective and efficient operation and 
        maintenance of the Great Lakes Navigation System, 
        including any navigation feature in the Great Lakes 
        that is a Federal responsibility with respect to 
        operation and maintenance, the Secretary shall manage 
        all of the individually authorized projects in the 
        Great Lakes Navigation System as components of a 
        single, comprehensive system, recognizing the 
        interdependence of the projects.
  [(d)] (e) Prioritization.--
          (1) Priority.--
                  (A) In general.--[For each of fiscal years 
                2015 through 2024] For each fiscal year, if 
                priority funds are available, the Secretary 
                shall use the priority funds as follows:
                          (i) [90] Not more than 90 percent of 
                        the priority funds shall be used for 
                        high- and moderate-use harbor projects.
                          (ii) [10] At least 10 percent of the 
                        priority funds shall be used for 
                        emerging harbor projects.
                  (B) Additional considerations.--For each of 
                fiscal years 2015 through 2024, of the priority 
                funds available, the Secretary shall use--
                          (i) not less than 5 percent of such 
                        funds for underserved harbor projects; 
                        and
                          (ii) not less than 10 percent of such 
                        funds for projects that are located 
                        within the Great Lakes Navigation 
                        System.
                  (C) Underserved harbors.--In determining 
                which underserved harbor projects shall receive 
                funds under this paragraph, the Secretary shall 
                consider--
                          (i) the total quantity of commerce 
                        supported by the water body on which 
                        the project is located; and
                          (ii) the minimum width and depth 
                        that--
                                  (I) would be necessary at the 
                                underserved harbor project to 
                                provide sufficient clearance 
                                for fully loaded commercial 
                                vessels using the underserved 
                                harbor project to maneuver 
                                safely; and
                                  (II) does not exceed the 
                                constructed width and depth of 
                                the authorized navigation 
                                project.
          (2) Expanded uses.--
                  (A) Definition of eligible harbor or inland 
                harbor defined.--In this paragraph, the term 
                ``eligible harbor or inland harbor'' means a 
                harbor or inland harbor at which the total 
                amount of harbor maintenance taxes collected in 
                the immediately preceding 3 fiscal years 
                exceeds the value of the work carried out for 
                the harbor or inland harbor using amounts from 
                the Harbor Maintenance Trust Fund during those 
                3 fiscal years.
                  (B) Use of expanded uses funds.--
                          (i) Fiscal years 2015 through 2024.--
                        For each of fiscal years 2015 through 
                        2024, of the priority funds available, 
                        the Secretary shall use not less than 
                        10 percent of such funds for expanded 
                        uses carried out at an eligible harbor 
                        or inland harbor.
                          (ii) Subsequent fiscal years.--For 
                        fiscal year 2025 and each fiscal year 
                        thereafter, the Secretary shall use not 
                        less than 10 percent of the priority 
                        funds available for expanded uses 
                        carried out at an eligible harbor or 
                        inland harbor.
                  (C) Prioritization.--In allocating funds 
                under this paragraph, the Secretary shall give 
                priority to projects at eligible harbors or 
                inland harbors for which the difference, 
                calculated in dollars, is greatest between--
                          (i) the total amount of funding made 
                        available for projects at that eligible 
                        harbor or inland harbor from the Harbor 
                        Maintenance Trust Fund in the 
                        immediately preceding 3 fiscal years; 
                        and
                          (ii) the total amount of harbor 
                        maintenance taxes collected at that 
                        harbor or inland harbor in the 
                        immediately preceding 3 fiscal years.
          (3) Remaining funds.--
                  (A) In general.--For each of fiscal years 
                2015 through 2024, if after fully funding all 
                projects eligible for funding under paragraphs 
                (1)(B) and (2)(B)(i), priority funds made 
                available under those paragraphs remain 
                unobligated, the Secretary shall use those 
                remaining funds to pay for operation and 
                maintenance costs of any harbor or inland 
                harbor referred to in subsection (a)(2) based 
                on an equitable allocation of those funds among 
                the harbors and inland harbors.
                  (B) Criteria.--In determining an equitable 
                allocation of funds under subparagraph (A), the 
                Secretary shall--
                          (i) use the criteria specified in 
                        [subsection (c)(2)(A)] subsection 
                        (d)(2)(A); and
                          (ii) make amounts available in 
                        accordance with the requirements of 
                        paragraph (1)(A).
          (4) Emergency expenditures.--Nothing in this 
        subsection prohibits the Secretary from making an 
        expenditure to pay for the operation and maintenance 
        costs of a specific harbor or inland harbor, including 
        the transfer of funding from the operation and 
        maintenance of a separate project, if--
                  (A) the Secretary determines that the action 
                is necessary to address the navigation needs of 
                a harbor or inland harbor where safe navigation 
                has been severely restricted due to an 
                unforeseen event; and
                  (B) the Secretary provides within 90 days of 
                the action notice and information on the need 
                for the action to the Committee on Environment 
                and Public Works and the Committee on 
                Appropriations of the Senate and the Committee 
                on Transportation and Infrastructure and the 
                Committee on Appropriations of the House of 
                Representatives.
  [(e)] (f) Assessment of Harbors and Inland Harbors.--
          (1) In general.--Not later than 270 days after the 
        date of enactment of this subsection, and biennially 
        thereafter, the Secretary shall assess the operation 
        and maintenance needs and uses of the harbors and 
        inland harbors referred to in subsection (a)(2).
          (2) Assessment of harbor needs and activities.--
                  (A) Total operation and maintenance needs of 
                harbors.--In carrying out paragraph (1), the 
                Secretary shall identify--
                          (i) the total future costs required 
                        to achieve and maintain the constructed 
                        width and depth for the harbors and 
                        inland harbors referred to in 
                        subsection (a)(2); and
                          (ii) the total expected costs for 
                        expanded uses at eligible harbors or 
                        inland harbors referred to in 
                        [subsection (d)(2)] subsection (e)(2).
                  (B) Uses of harbors and inland harbors.--In 
                carrying out paragraph (1), the Secretary shall 
                identify current uses (and, to the extent 
                practicable, assess the national, regional, and 
                local benefits of such uses) of harbors and 
                inland harbors referred to in subsection 
                (a)(2), including the use of those harbors 
                for--
                          (i) commercial navigation, including 
                        the movement of goods;
                          (ii) domestic trade;
                          (iii) international trade;
                          (iv) commercial fishing;
                          (v) subsistence, including use by 
                        Indian tribes (as defined in section 4 
                        of the Indian Self-Determination and 
                        Education Assistance Act (25 U.S.C. 
                        450b)) for subsistence and ceremonial 
                        purposes;
                          (vi) use as a harbor of refuge;
                          (vii) transportation of persons;
                          (viii) purposes relating to domestic 
                        energy production, including the 
                        fabrication, servicing, or supply of 
                        domestic offshore energy production 
                        facilities;
                          (ix) activities of the Secretary of 
                        the department in which the Coast Guard 
                        is operating;
                          (x) activities of the Secretary of 
                        the Navy;
                          (xi) public health and safety related 
                        equipment for responding to coastal and 
                        inland emergencies;
                          (xii) recreation purposes; and
                          (xiii) other authorized purposes.
          (3) Report to congress.--
                  (A) In general.--For fiscal year 2016, and 
                biennially thereafter, in conjunction with the 
                President's annual budget submission to 
                Congress under section 1105(a) of title 31, 
                United States Code, the Secretary shall submit 
                to the Committee on Environment and Public 
                Works and the Committee on Appropriations of 
                the Senate and the Committee on Transportation 
                and Infrastructure and the Committee on 
                Appropriations of the House of Representatives 
                a report that, with respect to harbors and 
                inland harbors referred to in subsection 
                (a)(2)--
                          (i) identifies the operation and 
                        maintenance costs associated with the 
                        harbors and inland harbors, including 
                        those costs required to achieve and 
                        maintain the constructed width and 
                        depth for the harbors and inland 
                        harbors and the costs for expanded uses 
                        at eligible harbors and inland harbors, 
                        on a project-by-project basis;
                          (ii) identifies the amount of funding 
                        requested in the President's budget for 
                        the operation and maintenance costs 
                        associated with the harbors and inland 
                        harbors, on a project-by-project basis;
                          (iii) identifies the unmet operation 
                        and maintenance needs associated with 
                        the harbors and inland harbors, on a 
                        project-by-project basis; and
                          (iv) identifies the harbors and 
                        inland harbors for which the President 
                        will allocate funding over the 
                        subsequent 5 fiscal years for operation 
                        and maintenance activities, on a 
                        project-by-project basis, including the 
                        amounts to be allocated for such 
                        purposes.
                  (B) Public availability.--The Secretary shall 
                make the report submitted under subparagraph 
                (A) available to the public, including on the 
                Internet.
  [(f)] (g) Definitions.--In this section:
          (1) Constructed width and depth.--The term 
        ``constructed width and depth'' means the width and 
        depth to which a project has been constructed, which 
        may not exceed the authorized width and depth of the 
        project.
          (2) Emerging harbor project.--The term ``emerging 
        harbor project'' means a project that is assigned to a 
        harbor or inland harbor referred to in subsection 
        (a)(2) that transits less than 1,000,000 tons of cargo 
        annually.
          (3) Expanded uses.--The term ``expanded uses'' means 
        the following activities:
                  (A) The maintenance dredging of a berth in a 
                harbor that is accessible to a Federal 
                navigation project and that benefits commercial 
                navigation at the harbor.
                  (B) The maintenance dredging and disposal of 
                legacy-contaminated sediment, and sediment 
                unsuitable for open water disposal, if--
                          (i) such dredging and disposal 
                        benefits commercial navigation at the 
                        harbor; and
                          (ii) such sediment is located in and 
                        affects the maintenance of a Federal 
                        navigation project or is located in a 
                        berth that is accessible to a Federal 
                        navigation project.
          (4) Great lakes navigation system.--The term ``Great 
        Lakes Navigation System'' includes--
                  (A)(i) Lake Superior;
                  (ii) Lake Huron;
                  (iii) Lake Michigan;
                  (iv) Lake Erie; and
                  (v) Lake Ontario;
                  (B) all connecting waters between the lakes 
                referred to in subparagraph (A) used for 
                commercial navigation;
                  (C) any navigation features in the lakes 
                referred to in subparagraph (A) or waters 
                described in subparagraph (B) that are a 
                Federal operation or maintenance 
                responsibility; and
                  (D) areas of the Saint Lawrence River that 
                are operated or maintained by the Federal 
                Government for commercial navigation.
          (5) Harbor maintenance tax.--The term ``harbor 
        maintenance tax'' means the amounts collected under 
        section 4461 of the Internal Revenue Code of 1986.
          (6) High-use harbor project.--The term ``high-use 
        harbor project'' means a project that is assigned to a 
        harbor or inland harbor referred to in subsection 
        (a)(2) that transits not less than 10,000,000 tons of 
        cargo annually.
          (7) Moderate-use harbor project.--The term 
        ``moderate-use harbor project'' means a project that is 
        assigned to a harbor or inland harbor referred to in 
        subsection (a)(2) that transits annually--
                  (A) more than 1,000,000 tons of cargo; but
                  (B) less than 10,000,000 tons of cargo.
          (8) Priority funds.--The term ``priority funds'' 
        means the difference between--
                  (A) the total funds that are made available 
                under this section to pay the costs described 
                in subsection (a)(2) for a fiscal year; and
                  (B) the total funds made available under this 
                section to pay the costs described in 
                subsection (a)(2) in fiscal year 2012.
          (9) Underserved harbor project.--
                  (A) In general.--The term ``underserved 
                harbor project'' means a project that is 
                assigned to a harbor or inland harbor referred 
                to in subsection (a)(2)--
                          (i) that is a moderate-use harbor 
                        project or an emerging harbor project;
                          (ii) that has been maintained at less 
                        than the constructed width and depth of 
                        the project during each of the 
                        preceding 6 fiscal years; and
                          (iii) for which State and local 
                        investments in infrastructure have been 
                        made at those projects during the 
                        preceding 6 fiscal years.
                  (B) Administration.--For purposes of this 
                paragraph, State and local investments in 
                infrastructure shall include infrastructure 
                investments made using amounts made available 
                for activities under section 105(a)(9) of the 
                Housing and Community Development Act of 1974 
                (42 U.S.C. 5305(a)(9)).

           *       *       *       *       *       *       *

TITLE XI--MISCELLANEOUS PROGRAMS AND PROJECTS

           *       *       *       *       *       *       *

SEC. 1156. COST SHARING PROVISIONS FOR THE TERRITORIES  AND INDIAN 
                    TRIBES.

  (a) In general.--The Secretary shall waive local cost-sharing 
requirements up to $200,000 for all studies and [projects in 
American] projects--
          (1) in American Samoa, Guam, the Northern Mariana 
        Islands, the Virgin Islands, Puerto Rico, and the Trust 
        Territory of the Pacific Islands[.]; and
          (2) for a federally recognized Indian tribe.
  (b) Inflation Adjustment.--The Secretary shall adjust the 
dollar amount specified in subsection (a) for inflation for the 
period beginning on November 17, 1986, and ending on the date 
of enactment of this subsection.

           *       *       *       *       *       *       *

                              ----------                              

WATER RESOURCES REFORM AND DEVELOPMENT ACT OF 2014

           *       *       *       *       *       *       *

TITLE I--PROGRAM REFORMS AND STREAMLINING

           *       *       *       *       *       *       *

SEC. 1022. CREDIT IN LIEU OF REIMBURSEMENT.

  (a) Requests for Credits.--With respect to an authorized 
flood damage reduction project, or separable element thereof, 
[that has been constructed by a non-Federal interest under 
section 211 of the Water Resources Development Act of 1996 (33 
U.S.C. 701b-13) before the date of enactment of this Act] for 
which a written agreement with the Corps of Engineers for 
construction was finalized on or before December 31, 2014, 
under section 211 of the Water Resources Development Act of 
1996 (33 U.S.C. 701b-13), the Secretary may provide to the non-
Federal interest, at the request of the non-Federal interest, a 
credit in an amount equal to the estimated Federal share of the 
cost of the project or separable element, in lieu of providing 
to the non-Federal interest a reimbursement in that amount.
  (b) Application of Credits.--At the request of the non-
Federal interest, the Secretary may apply such credit to the 
[share of the cost of the non-Federal interest of carrying out 
other flood damage reduction projects or studies] non-Federal 
share of the cost of carrying out other water resources 
development projects or studies of the non-Federal interest.

           *       *       *       *       *       *       *

SEC. 1024. AUTHORITY TO ACCEPT AND USE MATERIALS AND SERVICES.

  (a) In General.--Subject to subsection (b), the Secretary is 
authorized to accept and use materials and services contributed 
by a non-Federal public entity, a nonprofit entity, or a 
private entity for the purpose of repairing, restoring, or 
replacing a water resources development project that has been 
damaged or destroyed as a result of an emergency, or that has 
had or may have an equipment failure (including a failure 
caused by a lack of or deferred maintenance), if the Secretary 
determines that the acceptance and use of such materials and 
services is in the public interest.
  (b) Limitation.--Any entity that contributes materials or 
services under subsection (a) shall not be eligible for credit 
or reimbursement for the value of such materials or services.
  (c) Report.--Not later than 60 days after initiating an 
activity under this section, the Secretary shall submit to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report that includes--
          (1) a description of the activities undertaken, 
        including the costs associated with the activities; and
          (2) a comprehensive description of how the activities 
        are necessary for maintaining a safe and reliable water 
        resources project.

           *       *       *       *       *       *       *

TITLE II--NAVIGATION

           *       *       *       *       *       *       *

Subtitle B--Port and Harbor Maintenance

           *       *       *       *       *       *       *

SEC. 2105. ARCTIC DEEP DRAFT PORT DEVELOPMENT PARTNERSHIPS.

  (a) In General.--The Secretary may provide technical 
assistance to non-Federal public entities, including Indian 
tribes (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act [(25 U.S.C. 450b))] 
(25 U.S.C. 450b)) and Native villages, Regional Corporations, 
and Village Corporations (as those terms are defined in section 
3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)), 
for the development, construction, operation, and maintenance 
of channels, harbors, and related infrastructure associated 
with deep draft ports for purposes of dealing with Arctic 
development and security needs.
  (b) Acceptance of Funds.--The Secretary is authorized to 
accept and expend funds provided by non-Federal public 
entities, including Indian tribes (as defined in section 4 of 
the Indian Self-Determination and Education Assistance Act [(25 
U.S.C. 450b))] (25 U.S.C. 450b)) and Native villages, Regional 
Corporations, and Village Corporations (as those terms are 
defined in section 3 of the Alaska Native Claims Settlement Act 
(43 U.S.C. 1602)), to carry out the technical assistance 
activities described in subsection (a).
  (c) Limitation.--No assistance may be provided under this 
section until after the date on which the entity to which that 
assistance is to be provided enters into a written agreement 
with the Secretary that includes such terms and conditions as 
the Secretary determines to be appropriate and in the public 
interest.
  (d) Consideration of National Security Interests.--In 
carrying out a study of the feasibility of an Arctic deep draft 
port, the Secretary shall consult with the Secretary of 
Homeland Security and the Secretary of Defense to identify 
national security benefits associated with the Arctic deep 
draft port.
  [(d)] (e) Prioritization.--The Secretary shall prioritize 
technical assistance provided under this section for Arctic 
deep draft ports identified by the Secretary, the Secretary of 
Homeland Security, and the Secretary of Defense as important 
for Arctic development and security.

SEC. 2106. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY TRANSFER 
                    PORTS.

  (a) Definitions.--In this section:
          (1) Cargo container.--The term ``cargo container'' 
        means a cargo container that is 1 Twenty-foot 
        Equivalent Unit.
          (2) Donor port.--The term ``donor port'' means a 
        port--
                  (A) that is subject to the harbor maintenance 
                fee under section 24.24 of title 19, Code of 
                Federal Regulations (or a successor 
                regulation);
                  (B) at which the total amount of harbor 
                maintenance taxes collected comprise not less 
                than [$15,000,000] $5,000,000 annually of the 
                total funding of the Harbor Maintenance Trust 
                Fund established under section 9505 of the 
                Internal Revenue Code of 1986;
                  (C) that received less than 25 percent of the 
                total amount of harbor maintenance taxes 
                collected at that port in the previous 5 fiscal 
                years; and
                  (D) that is located in a State in which more 
                than 2,000,000 cargo containers were unloaded 
                from or loaded on to vessels in fiscal year 
                2012.
          (3) Energy commodity.--The term ``energy commodity'' 
        includes--
                  (A) petroleum products;
                  (B) natural gas;
                  (C) coal;
                  (D) wind and solar energy components; and
                  (E) biofuels.
          (4) Energy transfer port.--The term ``energy transfer 
        port'' means a port--
                  (A) that is subject to the harbor maintenance 
                fee under section 24.24 of title 19, [Code of 
                Federal Regulation] Code of Federal Regulations 
                (or any successor regulation); and
                  (B)(i) at which energy commodities comprised 
                greater than 25 percent of all commercial 
                activity by tonnage in fiscal year 2012; and
                          (ii) through which more than 
                        40,000,000 tons of cargo were 
                        transported in fiscal year 2012.
          (5) Expanded uses.--The term ``expanded uses'' has 
        the meaning given the term in section 210(f) of the 
        Water Resources Development Act of 1986 (33 U.S.C. 
        2238(f)).
          (6) Harbor maintenance tax.--The term ``harbor 
        maintenance tax'' has the meaning given the term in 
        section 210(f) of the Water Resources Development Act 
        of 1986 (33 U.S.C. 2238(f)).
  (b) Authority.--
          (1) In general.--Subject to the availability of 
        appropriations, the Secretary may provide to donor 
        ports and energy transfer ports amounts in accordance 
        with this section.
          (2) Limitations.--Amounts provided under this 
        section--
                  (A) for energy transfer ports shall be 
                divided equally among all States with an energy 
                transfer port; and
                  (B) shall be made available to a port as 
                either a donor port or an energy transfer port 
                and no port may receive amounts as both a donor 
                port and an energy transfer port.
  (c) Use of Funds.--Amounts provided under this section may be 
used by a donor port or an energy transfer port--
          (1) to provide payments to importers entering cargo 
        or shippers transporting cargo through that port, as 
        calculated by U.S. Customs and Border Protection 
        according to the amount of harbor maintenance taxes 
        collected;
          (2) for expanded uses; or
          (3) for environmental remediation related to dredging 
        berths and Federal navigation channels.
  (d) Administration of Payments.--If a donor port or an energy 
transfer port elects to provide payments to importers or 
shippers under subsection (c), the Secretary shall transfer the 
amount that would otherwise be provided to the port under this 
section that is equal to those payments to the Commissioner of 
U.S. Customs and Border Protection to provide the payments to 
the importers or shippers.
  (e) Report to Congress.--
          (1) In general.--Not later than 18 months after the 
        date of enactment of this section, the Secretary shall 
        assess the impact of the authority provided by this 
        section and submit to the Committee on Environment and 
        Public Works of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and make publicly available a report on 
        the results of that assessment, including any 
        recommendations for amending or reauthorizing the 
        authority.
          (2) Factors.--In carrying out the assessment under 
        paragraph (1), the Secretary shall assess--
                  (A) the impact of the amounts provided and 
                used under this section on those ports that 
                received funds under this section; and
                  (B) any impact on domestic harbors and ports 
                that did not receive funds under this section.
  (f) Authorization of Appropriations.--
          (1) In general.--There is authorized to be 
        appropriated to carry out this section $50,000,000 for 
        each of fiscal years 2015 through [2018] 2020.
          (2) Division between donor ports and energy transfer 
        ports.--For each fiscal year, amounts made available to 
        carry out this section shall be provided in equal 
        amounts to donor ports and energy transfer ports.
          (3) Additional appropriations.--If the target total 
        budget resources under subparagraphs (A) through (D) of 
        section 2101(b)(1) are met for each of fiscal years 
        [2015 through 2018] 2016 through 2020, there is 
        authorized to be appropriated to carry out this section 
        $50,000,000 for each of fiscal years [2019 through 
        2022] 2021 through 2025.

           *       *       *       *       *       *       *

TITLE VI--DEAUTHORIZATION AND BACKLOG PREVENTION

           *       *       *       *       *       *       *

SEC. 6002. REVIEW OF CORPS OF ENGINEERS ASSETS.

  (a) Assessment and Inventory.--Not later than 1 year after 
[the date of enactment of this Act] the date of enactment of 
the Water Resources Development Act of 2016, the Secretary 
shall conduct an assessment of all properties under the control 
of the Corps of Engineers and develop an inventory of the 
properties that are not needed for the missions of the Corps of 
Engineers.
  (b) Criteria.--In conducting the assessment and developing 
the inventory under subsection (a), the Secretary shall use the 
following criteria:
          (1) The extent to which the property aligns with the 
        current missions of the Corps of Engineers.
          (2) The economic impact of the property on existing 
        communities in the vicinity of the property.
          (3) The extent to which the utilization rate for the 
        property is being maximized and is consistent with 
        nongovernmental industry standards for the given 
        function or operation.
          (4) The extent to which the reduction or elimination 
        of the property could reduce operation and maintenance 
        costs of the Corps of Engineers.
          (5) The extent to which the reduction or elimination 
        of the property could reduce energy consumption by the 
        Corps of Engineers.
          (6) The extent to which the property has economic, 
        cultural, historic, or recreational significance, or 
        impacts at the national, State, or local level.
  (c) Notification.--As soon as practicable following 
completion of the inventory of properties under subsection (a), 
the Secretary shall provide the inventory to the Administrator 
of General Services.
  (d) Report to Congress.--Not later than 30 days after the 
date of the notification under subsection (c), the Secretary 
shall submit to the Committee on Environment and Public Works 
of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives and make 
publicly available a report containing the findings of the 
Secretary with respect to the assessment and inventory required 
under subsection (a).

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               TITLE VII--WATER RESOURCES INFRASTRUCTURE

SEC. 7001. ANNUAL REPORT TO CONGRESS.

  (a) In General.--Not later than February 1 of each year, the 
Secretary shall develop and submit to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives an annual report, to be entitled ``Report to 
Congress on Future Water Resources Development'', that 
identifies the following:
          (1) Feasibility reports.--Each feasibility report 
        that meets the criteria established in subsection 
        (c)(1)(A).
          (2) Proposed feasibility studies.--Any proposed 
        feasibility study submitted to the Secretary by a non-
        Federal interest pursuant to subsection (b) that meets 
        the criteria established in subsection (c)(1)(A).
          (3) Proposed modifications.--Any proposed 
        modification to an authorized water resources 
        development project or feasibility study that meets the 
        criteria established in subsection (c)(1)(A) that--
                  (A) is submitted to the Secretary by a non-
                Federal interest pursuant to subsection (b); or
                  (B) is identified by the Secretary for 
                authorization.
  (b) Requests for Proposals.--
          (1) Publication.--Not later than May 1 of each year, 
        the Secretary shall publish in the Federal Register a 
        notice requesting proposals from non-Federal interests 
        for proposed feasibility studies and proposed 
        modifications to authorized water resources development 
        projects and feasibility studies to be included in the 
        annual report.
          (2) Deadline for requests.--The Secretary shall 
        include in each notice required by this subsection a 
        requirement that non-Federal interests submit to the 
        Secretary any proposals described in paragraph (1) by 
        not later than 120 days after the date of publication 
        of the notice in the Federal Register in order for the 
        proposals to be considered for inclusion in the annual 
        report.
          (3) Notification.--On the date of publication of each 
        notice required by this subsection, the Secretary 
        shall--
                  (A) make the notice publicly available, 
                including on the Internet; and
                  (B) provide written notification of the 
                publication to the Committee on Environment and 
                Public Works of the Senate and the Committee on 
                Transportation and Infrastructure of the House 
                of Representatives.
  (c) Contents.--
          (1) Feasibility reports, proposed feasibility 
        studies, and proposed modifications.--
                  (A) Criteria for inclusion in report.--The 
                Secretary shall include in the annual report 
                only those feasibility reports, proposed 
                feasibility studies, and proposed modifications 
                to authorized water resources development 
                projects and feasibility studies that--
                          (i) are related to the missions and 
                        authorities of the Corps of Engineers;
                          (ii) require specific congressional 
                        authorization, including by an Act of 
                        Congress;
                          (iii) have not been congressionally 
                        authorized;
                          (iv) have not been included in any 
                        previous annual report; and
                          (v) if authorized, could be carried 
                        out by the Corps of Engineers.
                  (B) Description of benefits.--
                          (i) Description.--The Secretary shall 
                        describe in the annual report, to the 
                        extent applicable and practicable, for 
                        each proposed feasibility study and 
                        proposed modification to an authorized 
                        water resources development project or 
                        feasibility study included in the 
                        annual report, the benefits, as 
                        described in clause (ii), of each such 
                        study or proposed modification 
                        (including the water resources 
                        development project that is the subject 
                        of the proposed feasibility study or 
                        the proposed modification to an 
                        authorized feasibility study).
                          (ii) Benefits.--The benefits (or 
                        expected benefits, in the case of a 
                        proposed feasibility study) described 
                        in this clause are benefits to--
                                  (I) the protection of human 
                                life and property;
                                  (II) improvement to 
                                transportation;
                                  (III) the national economy;
                                  (IV) the environment; or
                                  (V) the national security 
                                interests of the United States.
                  (C) Identification of other factors.--The 
                Secretary shall identify in the annual report, 
                to the extent practicable--
                          (i) for each proposed feasibility 
                        study included in the annual report, 
                        the non-Federal interest that submitted 
                        the proposed feasibility study pursuant 
                        to subsection (b); and
                          (ii) for each proposed feasibility 
                        study and proposed modification to an 
                        authorized water resources development 
                        project or feasibility study included 
                        in the annual report, whether the non-
                        Federal interest has demonstrated--
                                  (I) that local support exists 
                                for the proposed feasibility 
                                study or proposed modification 
                                to an authorized water 
                                resources development project 
                                or feasibility study (including 
                                the water resources development 
                                project that is the subject of 
                                the proposed feasibility study 
                                or the proposed modification to 
                                an authorized feasibility 
                                study); and
                                  (II) the financial ability to 
                                provide the required non-
                                Federal cost share.
          (2) Transparency.--The Secretary shall include in the 
        annual report, for each feasibility report, proposed 
        feasibility study, and proposed modification to an 
        authorized water resources development project or 
        feasibility study included under paragraph (1)(A)--
                  (A) the name of the associated non-Federal 
                interest, including the name of any non-Federal 
                interest that has contributed, or is expected 
                to contribute, a non-Federal share of the cost 
                of--
                          (i) the feasibility report;
                          (ii) the proposed feasibility study;
                          (iii) the authorized feasibility 
                        study for which the modification is 
                        proposed; or
                          (iv) construction of--
                                  (I) the water resources 
                                development project that is the 
                                subject of--
                                          (aa) the feasibility 
                                        report;
                                          (bb) the proposed 
                                        feasibility study; or
                                          (cc) the authorized 
                                        feasibility study for 
                                        which a modification is 
                                        proposed; or
                                  (II) the proposed 
                                modification to an authorized 
                                water resources development 
                                project;
                  (B) a letter or statement of support for the 
                feasibility report, proposed feasibility study, 
                or proposed modification to an authorized water 
                resources development project or feasibility 
                study from each associated non-Federal 
                interest;
                  (C) the purpose of the feasibility report, 
                proposed feasibility study, or proposed 
                modification to an authorized water resources 
                development project or feasibility study;
                  (D) an estimate, to the extent practicable, 
                of the Federal, non-Federal, and total costs 
                of--
                          (i) the proposed modification to an 
                        authorized feasibility study; and
                          (ii) construction of--
                                  (I) the water resources 
                                development project that is the 
                                subject of--
                                          (aa) the feasibility 
                                        report; or
                                          (bb) the authorized 
                                        feasibility study for 
                                        which a modification is 
                                        proposed, with respect 
                                        to the change in costs 
                                        resulting from such 
                                        modification; or
                                  (II) the proposed 
                                modification to an authorized 
                                water resources development 
                                project; and
                  (E) an estimate, to the extent practicable, 
                of the monetary and nonmonetary benefits of--
                          (i) the water resources development 
                        project that is the subject of--
                                  (I) the feasibility report; 
                                or
                                  (II) the authorized 
                                feasibility study for which a 
                                modification is proposed, with 
                                respect to the benefits of such 
                                modification; or
                          (ii) the proposed modification to an 
                        authorized water resources development 
                        project.
          (3) Certification.--The Secretary shall include in 
        the annual report a certification stating that each 
        feasibility report, proposed feasibility study, and 
        proposed modification to an authorized water resources 
        development project or feasibility study included in 
        the annual report meets the criteria established in 
        paragraph (1)(A).
          (4) Appendix.--The Secretary shall include in the 
        annual report an appendix listing the proposals 
        submitted under subsection (b) that were not included 
        in the annual report under paragraph (1)(A) and a 
        description of why the Secretary determined that those 
        proposals did not meet the criteria for inclusion under 
        such paragraph.
  (d) Special Rule for Initial Annual Report.--Notwithstanding 
any other deadlines required by this section, the Secretary 
shall--
          (1) not later than 60 days after the date of 
        enactment of this Act, publish in the Federal Register 
        a notice required by subsection (b)(1); and
          (2) include in such notice a requirement that non-
        Federal interests submit to the Secretary any proposals 
        described in subsection (b)(1) by not later than 120 
        days after the date of publication of such notice in 
        the Federal Register in order for such proposals to be 
        considered for inclusion in the first annual report 
        developed by the Secretary under this section.
  (e) Publication.--Upon submission of an annual report to 
Congress, the Secretary shall make the annual report publicly 
available, including through publication on the Internet.
  (f) Definitions.--In this section:
          (1) Annual report.--The term ``annual report'' means 
        a report required by subsection (a).
          (2) Feasibility report.--
                  (A) In general.--The term ``feasibility 
                report'' means a final feasibility report 
                developed under section 905 of the Water 
                Resources Development Act of 1986 (33 U.S.C. 
                2282).
                  (B) Inclusions.--The term ``feasibility 
                report'' includes--
                          (i) a report described in section 
                        105(d)(2) of the Water Resources 
                        Development Act of 1986 (33 U.S.C. 
                        2215(d)(2)); and
                          (ii) where applicable, any associated 
                        report of the Chief of Engineers.
          (3) Feasibility study.--The term ``feasibility 
        study'' has the meaning given that term in section 105 
        of the Water Resources Development Act of 1986 (33 
        U.S.C. 2215).
          (4) Non-federal interest.--The term ``non-Federal 
        interest'' has the meaning given that term in section 
        221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-
        5b).
          (5) Water resources development project.--The term 
        ``water resources development project'' includes a 
        project under an environmental infrastructure 
        assistance program.

           *       *       *       *       *       *       *

                              ----------                              

                WATER RESOURCES DEVELOPMENT ACT OF 2007

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Water 
Resources Development Act of 2007''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

     * * * * * * *

                      TITLE II--GENERAL PROVISIONS

     * * * * * * *
[Sec. 2040. Electronic submission of permit applications.]
Sec. 2040. Electronic submission and tracking of permit applications.

           *       *       *       *       *       *       *

TITLE II--GENERAL PROVISIONS

           *       *       *       *       *       *       *

SEC. 2006. REMOTE AND SUBSISTENCE HARBORS.

  (a) In General.--In conducting a study of harbor and 
navigation improvements, the Secretary may recommend a project 
without the need to demonstrate that the project is justified 
solely by national economic development benefits if the 
Secretary determines that--
          (1)(A) the community to be served by the project is 
        at least 70 miles from the nearest surface accessible 
        commercial port and has no direct rail or highway link 
        to another community served by a surface accessible 
        port or harbor; or
          (B) the project would be located in the State of 
        Hawaii or Alaska, the Commonwealth of Puerto Rico, 
        Guam, the Commonwealth of the Northern Mariana Islands, 
        the United States Virgin Islands, or American Samoa;
          (2) the harbor is economically critical such that 
        over 80 percent of the goods transported through the 
        harbor would be consumed within the region served by 
        the harbor and navigation improvement, as determined by 
        the Secretary, including consideration of information 
        provided by the non-Federal interest; and
          (3) the long-term viability of the community in which 
        the project is located, or the long-term viability of a 
        community that is located in the region that is served 
        by the project and that will rely on the project, would 
        be threatened without the harbor and navigation 
        improvement.
  (b) Justification.--In considering whether to recommend a 
project under subsection (a), the Secretary shall consider the 
benefits of the project to--
          (1) public health and safety of the local community 
        and communities that are located in the region to be 
        served by the project and that will rely on the 
        project, including access to facilities designed to 
        protect public health and safety;
          (2) access to natural resources for subsistence 
        purposes;
          (3) local and regional economic opportunities;
          (4) welfare of the [local population] regional 
        population to be served by the project; and
          (5) social and cultural value to the [community] 
        local community and communities that are located in the 
        region to be served by the project and that will rely 
        on the project.
  (c) Prioritization.--Projects recommended by the Secretary 
under subsection (a) shall be given equivalent budget 
consideration and priority as projects recommended solely by 
national economic development benefits.
  (d) Disposition.--
          (1) In general.--The Secretary may carry out any 
        project identified in the study carried out pursuant to 
        subsection (a) in accordance with the criteria for 
        projects carried out under the authority of the 
        Secretary under section 107 of the River and Harbor Act 
        of 1960 (33 U.S.C. 577).
          (2) Non-Federal interests.--In evaluating and 
        implementing a project under this section, the 
        Secretary shall allow a non-Federal interest to 
        participate in the financing of a project in accordance 
        with the criteria established for flood control 
        projects under section 903(c) of the Water Resources 
        Development Act of 1986 (Public Law 99-662; 100 Stat. 
        4184).
  (e) Annual Report.--For a project that cannot be carried out 
under the authority specified in subsection (d), on a 
determination by the Secretary of the feasibility of the 
project under subsection (a), the Secretary may include a 
recommendation concerning the project in the annual report 
submitted to Congress under section 7001.

           *       *       *       *       *       *       *

[SEC. 2017. ACCESS TO WATER RESOURCE DATA.

  [(a) In General.--The Secretary shall carry out a program to 
provide public access to water resources and related water 
quality data in the custody of the Corps of Engineers.
  [(b) Data.--Public access under subsection (a) shall--
          [(1) include, at a minimum, access to data generated 
        in water resources project development and regulation 
        under section 404 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1344); and
          [(2) appropriately employ geographic information 
        system technology and linkages to water resource models 
        and analytical techniques.
  [(c) Partnerships.--To the maximum extent practicable, in 
carrying out activities under this section, the Secretary shall 
develop partnerships, including cooperative agreements, with 
State, tribal, and local governments and other Federal 
agencies.
  [(d) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $3,000,000 for each 
fiscal year.]

SEC. 2017. ACCESS TO WATER RESOURCE DATA.

  (a) In General.--Using available funds, the Secretary shall 
make publicly available, including on the Internet, all data in 
the custody of the Corps of Engineers on--
          (1) the planning, design, construction, operation, 
        and maintenance of water resources development 
        projects; and
          (2) water quality and water management of projects 
        owned, operated, or managed by the Corps of Engineers.
  (b) Limitation.--Nothing in this section may be construed to 
compel or authorize the disclosure of data or other information 
determined by the Secretary to be confidential information, 
privileged information, law enforcement information, national 
security information, infrastructure security information, 
personal information, or information the disclosure of which is 
otherwise prohibited by law.
  (c) Timing.--The Secretary shall ensure that data is made 
publicly available under subsection (a) as quickly as 
practicable after the data is generated by the Corps of 
Engineers.
  (d) Partnerships.--In carrying out this section, the 
Secretary may develop partnerships, including through 
cooperative agreements, with State, tribal, and local 
governments and other Federal agencies.

           *       *       *       *       *       *       *

SEC. 2036. MITIGATION FOR FISH AND WILDLIFE AND WETLANDS LOSSES.

  (a) Mitigation for Fish and Wildlife Losses.--Section 906(d) 
of the Water Resources Development Act of 1986 (33 U.S.C. 
2283(d)) is amended--
          (1) in the first sentence of paragraph (1) by 
        striking ``to the Congress'' and inserting ``to 
        Congress in any report, and shall not select a project 
        alternative in any report,'';
          (2) in the second sentence of paragraph (1) by 
        inserting ``, and other habitat types are mitigated to 
        not less than in-kind conditions'' after ``mitigated 
        in-kind''; and
          (3) by adding at the end the following:
          ``(3) Mitigation requirements.--
                  ``(A) In general.--To mitigate losses to 
                flood damage reduction capabilities and fish 
                and wildlife resulting from a water resources 
                project, the Secretary shall ensure that the 
                mitigation plan for each water resources 
                project complies with the mitigation standards 
                and policies established pursuant to the 
                regulatory programs administered by the 
                Secretary.
                  ``(B) Inclusions.--A specific mitigation plan 
                for a water resources project under paragraph 
                (1) shall include, at a minimum--
                          ``(i) a plan for monitoring the 
                        implementation and ecological success 
                        of each mitigation measure, including 
                        the cost and duration of any 
                        monitoring, and, to the extent 
                        practicable, a designation of the 
                        entities that will be responsible for 
                        the monitoring;
                          ``(ii) the criteria for ecological 
                        success by which the mitigation will be 
                        evaluated and determined to be 
                        successful based on replacement of lost 
                        functions and values of the habitat, 
                        including hydrologic and vegetative 
                        characteristics;
                          ``(iii) a description of the land and 
                        interests in land to be acquired for 
                        the mitigation plan and the basis for a 
                        determination that the land and 
                        interests are available for 
                        acquisition;
                          ``(iv) a description of--
                                  ``(I) the types and amount of 
                                restoration activities to be 
                                conducted;
                                  ``(II) the physical action to 
                                be undertaken to achieve the 
                                mitigation objectives within 
                                the watershed in which such 
                                losses occur and, in any case 
                                in which the mitigation will 
                                occur outside the watershed, a 
                                detailed explanation for 
                                undertaking the mitigation 
                                outside the watershed; and
                                  ``(III) the functions and 
                                values that will result from 
                                the mitigation plan; and
                          ``(v) a contingency plan for taking 
                        corrective actions in cases in which 
                        monitoring demonstrates that mitigation 
                        measures are not achieving ecological 
                        success in accordance with criteria 
                        under clause (ii).
                  ``(C) Responsibility for monitoring.--In any 
                case in which it is not practicable to identify 
                in a mitigation plan for a water resources 
                project the entity responsible for monitoring 
                at the time of a final report of the Chief of 
                Engineers or other final decision document for 
                the project, such entity shall be identified in 
                the partnership agreement entered into with the 
                non-Federal interest under section 221 of Flood 
                Control Act of 1970 (42 U.S.C. 1962d-5b).
          ``(4) Determination of success.--
                  ``(A) In general.--A mitigation plan under 
                this subsection shall be considered to be 
                successful at the time at which the criteria 
                under paragraph (3)(B)(ii) are achieved under 
                the plan, as determined by monitoring under 
                paragraph (3)(B)(i).
                  ``(B) Consultation.--In determining whether a 
                mitigation plan is successful under 
                subparagraph (A), the Secretary shall consult 
                annually with appropriate Federal agencies and 
                each State in which the applicable project is 
                located on at least the following:
                          ``(i) The ecological success of the 
                        mitigation as of the date on which the 
                        report is submitted.
                          ``(ii) The likelihood that the 
                        mitigation will achieve ecological 
                        success, as defined in the mitigation 
                        plan.
                          ``(iii) The projected timeline for 
                        achieving that success.
                          ``(iv) Any recommendations for 
                        improving the likelihood of success.
          ``(5) Monitoring.--Mitigation monitoring shall 
        continue until it has been demonstrated that the 
        mitigation has met the ecological success criteria.''.
  (b) Status Report.--
          (1) In general.--Concurrent with the President's 
        submission to Congress of the President's request for 
        appropriations for the Civil Works Program for a fiscal 
        year, the Secretary shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and 
        Public Works of the Senate a report on the status of 
        construction of projects that require mitigation under 
        section 906 of the Water Resources Development Act of 
        1986 (33 U.S.C. 2283), the status of such mitigation, 
        and the results of the consultation under subsection 
        (d)(4)(B) of such section.
          (2) Projects included.--The status report shall 
        include the status of--
                  (A) all projects that are under construction 
                as of the date of the report;
                  (B) all projects for which the President 
                requests funding for the next fiscal year; and
                  (C) all projects that have undergone or 
                completed construction, but have not completed 
                the mitigation required under section 906 of 
                the Water Resources Development Act of 1986.
          (3) Information included.--In reporting the status of 
        all projects included in the report, the Secretary 
        shall--
                  (A) use a uniform methodology for determining 
                the status of all projects included in the 
                report;
                  (B) use a methodology that describes both a 
                qualitative and quantitative status for all 
                projects in the report; and
                  (C) provide specific dates for participation 
                in the consultations required under section 
                906(d)(4)(B) of the Water Resources Development 
                Act of 1986 (33 U.S.C. 2283(d)(4)(B)).
          (4) Availability of information.--The Secretary shall 
        make information contained in the status report 
        available to the public, including on the Internet.
  [(c) Wetlands Mitigation.--
          [(1) In general.--In carrying out a water resources 
        project that involves wetlands mitigation and that has 
        impacts that occur within the service area of a 
        mitigation bank, the Secretary, where appropriate, 
        shall first consider the use of the mitigation bank if 
        the bank contains sufficient available credits to 
        offset the impact and the bank is approved in 
        accordance with the Federal Guidance for the 
        Establishment, Use and Operation of Mitigation Banks 
        (60 Fed. Reg. 58605) or other applicable Federal law 
        (including regulations).
          [(2) Service area.--To the maximum extent 
        practicable, the service area of the mitigation bank 
        under paragraph (1) shall be in the same watershed as 
        the affected habitat.
          [(3) Responsibility for monitoring.--
                  [(A) In general.--Purchase of credits from a 
                mitigation bank for a water resources project 
                relieves the Secretary and the non-Federal 
                interest from responsibility for monitoring or 
                demonstrating mitigation success.
                  [(B) Applicability.--The relief of 
                responsibility under subparagraph (A) applies 
                only in any case in which the Secretary 
                determines that monitoring of mitigation 
                success is being conducted by the Secretary or 
                by the owner or operator of the mitigation 
                bank.]

           *       *       *       *       *       *       *

[SEC. 2040. ELECTRONIC SUBMISSION OF PERMIT APPLICATIONS.

  [(a) In General.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall implement a program 
to allow electronic submission of permit applications for 
permits under the jurisdiction of the Secretary.
  [(b) Limitations.--This section does not preclude the 
submission of a physical copy.
  [(c) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $3,000,000.]

SEC. 2040. ELECTRONIC SUBMISSION AND TRACKING OF PERMIT APPLICATIONS.

  (a) Development of Electronic System.--
          (1) In general.--The Secretary shall research, 
        develop, and implement an electronic system to allow 
        the electronic preparation and submission of 
        applications for permits and requests for 
        jurisdictional determinations under the jurisdiction of 
        the Secretary.
          (2) Inclusion.--The electronic system required under 
        paragraph (1) shall address--
                  (A) applications for standard individual 
                permits;
                  (B) applications for letters of permission;
                  (C) joint applications with States for State 
                and Federal permits;
                  (D) applications for emergency permits;
                  (E) applications or requests for 
                jurisdictional determinations; and
                  (F) preconstruction notification submissions, 
                when required for a nationwide or other general 
                permit.
          (3) Improving existing data systems.--The Secretary 
        shall seek to incorporate the electronic system 
        required under paragraph (1) into existing systems and 
        databases of the Corps of Engineers to the maximum 
        extent practicable.
          (4) Protection of information.--The electronic system 
        required under paragraph (1) shall provide for the 
        protection of personal, private, privileged, 
        confidential, and proprietary information, and 
        information the disclosure of which is otherwise 
        prohibited by law.
  (b) System Requirements.--The electronic system required 
under subsection (a) shall--
          (1) enable an applicant or requester to prepare 
        electronically an application for a permit or request;
          (2) enable an applicant or requester to submit to the 
        Secretary, by email or other means through the 
        Internet, the completed application form or request;
          (3) enable an applicant or requester to submit to the 
        Secretary, by email or other means through the 
        Internet, data and other information in support of the 
        permit application or request;
          (4) provide an online interactive guide to provide 
        assistance to an applicant or requester at any time 
        while filling out the permit application or request; 
        and
          (5) enable an applicant or requester (or a designated 
        agent) to track the status of a permit application or 
        request in a manner that will--
                  (A) allow the applicant or requester to 
                determine whether the application is pending or 
                final and the disposition of the request;
                  (B) allow the applicant or requester to 
                research previously submitted permit 
                applications and requests within a given 
                geographic area and the results of such 
                applications or requests; and
                  (C) allow identification and display of the 
                location of the activities subject to a permit 
                or request through a map-based interface.
  (c) Documentation.--All permit decisions and jurisdictional 
determinations made by the Secretary shall be in writing and 
include documentation supporting the basis for the decision or 
determination. The Secretary shall prescribe means for 
documenting all decisions or determinations to be made by the 
Secretary.
  (d) Record of Determinations.--
          (1) In general.--The Secretary shall maintain, for a 
        minimum of 5 years, a record of all permit decisions 
        and jurisdictional determinations made by the 
        Secretary, including documentation supporting the basis 
        of the decisions and determinations.
          (2) Archiving of information.--The Secretary shall 
        explore and implement an appropriate mechanism for 
        archiving records of permit decisions and 
        jurisdictional determinations, including documentation 
        supporting the basis of the decisions and 
        determinations, after the 5-year maintenance period 
        described in paragraph (1).
  (e) Availability of Determinations.--
          (1) In general.--The Secretary shall make the records 
        of all permit decisions and jurisdictional 
        determinations made by the Secretary available to the 
        public for review and reproduction.
          (2) Protection of information.--The Secretary shall 
        provide for the protection of personal, private, 
        privileged, confidential, and proprietary information, 
        and information the disclosure of which is prohibited 
        by law, which may be excluded from disclosure.
  (f) Deadline for Electronic System Implementation.--
          (1) In general.--The Secretary shall develop and 
        implement, to the maximum extent practicable, the 
        electronic system required under subsection (a) not 
        later than 2 years after the date of enactment of the 
        Water Resources Development Act of 2016.
          (2) Report on electronic system implementation.--Not 
        later than 180 days after the expiration of the 
        deadline under paragraph (1), the Secretary shall 
        submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate 
        a report describing the measures implemented and 
        barriers faced in carrying out this section.
  (g) Applicability.--The requirements described in subsections 
(c), (d), and (e) shall apply to permit applications and 
requests for jurisdictional determinations submitted to the 
Secretary after the date of enactment of the Water Resources 
Development Act of 2016.
  (h) Limitation.--This section shall not preclude the 
submission to the Secretary, acting through the Chief of 
Engineers, of a physical copy of a permit application or a 
request for a jurisdictional determination.

SEC. 2041. PROJECT ADMINISTRATION.

  (a) Project Tracking.--The Secretary shall assign a unique 
tracking number to each water resources project under the 
jurisdiction of the Secretary to be used by each Federal agency 
throughout the life of the project.
  (b) Report Repository.--
          (1) In general.--The Secretary shall provide to the 
        Library of Congress a copy of each final feasibility 
        study, final environmental impact statement, final 
        reevaluation report, final post-authorization change 
        report, record of decision, and report to Congress 
        prepared by the Corps of Engineers.
          (2) Availability to public.--Each document described 
        in paragraph (1) shall be made available to the public, 
        and an electronic copy of each document shall be made 
        permanently available to the public through the 
        Internet.

           *       *       *       *       *       *       *

TITLE IX--NATIONAL LEVEE SAFETY PROGRAM

           *       *       *       *       *       *       *

SEC. 9002. DEFINITIONS.

   In this title, the following definitions apply:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the Federal Emergency Management 
        Agency.
          (2) Canal structure.--
                  (A) In general.--The term ``canal structure'' 
                means an embankment, wall, or structure along a 
                canal or manmade watercourse that--
                          (i) constrains water flows;
                          (ii) is subject to frequent water 
                        loading; and
                          (iii) is an integral part of a flood 
                        risk reduction system that protects the 
                        leveed area from flood waters 
                        associated with hurricanes, 
                        precipitation events, seasonal high 
                        water, and other weather-related 
                        events.
                  (B) Exclusion.--The term ``canal structure'' 
                does not include a barrier across a 
                watercourse.
          (3) Committee.--The term ``committee'' means the 
        Committee on Levee Safety established by section 
        9003(a).
          (4) Floodplain management.--The term ``floodplain 
        management'' means the operation of a community program 
        of corrective and preventative measures for reducing 
        flood damage.
          (5) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        450b).
          (6) Inspection.--The term ``inspection'' means an 
        actual inspection of a levee--
                  (A) to establish the global information 
                system location of the levee;
                  (B) to determine the general condition of the 
                levee; and
                  (C) to estimate the number of structures and 
                population at risk and protected by the levee 
                that would be adversely impacted if the levee 
                fails or water levels exceed the height of the 
                levee.
          (7) Levee.--
                  (A) In general.--The term ``levee'' means a 
                manmade barrier (such as an embankment, 
                floodwall, or other structure)--
                          (i) the primary purpose of which is 
                        to provide hurricane, storm, or flood 
                        protection relating to seasonal high 
                        water, storm surges, precipitation, or 
                        other weather events; and
                          (ii) that is normally subject to 
                        water loading for only a few days or 
                        weeks during a calendar year.
                  (B) Inclusions.--The term ``levee'' includes 
                a levee system, including--
                          (i) levees and canal structures 
                        that--
                                  (I) constrain water flows;
                                  (II) are subject to more 
                                frequent water loading; and
                                  (III) do not constitute a 
                                barrier across a watercourse; 
                                and
                          (ii) roadway and railroad 
                        embankments, but only to the extent 
                        that the embankments are integral to 
                        the performance of a flood damage 
                        reduction system.
                  (C) Exclusions.--The term ``levee'' does not 
                include--
                          (i) a roadway or railroad embankment 
                        that is not integral to the performance 
                        of a flood damage reduction system;
                          (ii) a canal constructed completely 
                        within natural ground without any 
                        manmade structure (such as an 
                        embankment or retaining wall to retain 
                        water or a case in which water is 
                        retained only by natural ground);
                          (iii) a canal regulated by a Federal 
                        or State agency in a manner that 
                        ensures that applicable Federal safety 
                        criteria are met;
                          (iv) a levee or canal structure--
                                  (I) that is not a part of a 
                                Federal flood damage reduction 
                                system;
                                  (II) that is not recognized 
                                under the National Flood 
                                Insurance Program as providing 
                                protection from the 1-percent-
                                annual-chance or greater flood;
                                  (III) that is not greater 
                                than 3 feet high;
                                  (IV) the population in the 
                                leveed area of which is less 
                                than 50 individuals; and
                                  (V) the leveed area of which 
                                is less than 1,000 acres; or
                          (v) any shoreline protection or river 
                        bank protection system (such as 
                        revetments or barrier islands).
          (8) Levee feature.--The term ``levee feature'' means 
        a structure that is critical to the functioning of a 
        levee, including--
                  (A) an embankment section;
                  (B) a floodwall section;
                  (C) a closure structure;
                  (D) a pumping station;
                  (E) an interior drainage work; and
                  (F) a flood damage reduction channel.
          (9) Levee system.--The term ``levee system'' means 1 
        or more levee segments, including all levee features 
        that are interconnected and necessary to ensure 
        protection of the associated leveed areas--
                  (A) that collectively provide flood damage 
                reduction to a defined area; and
                  (B) the failure of 1 of which may result in 
                the failure of the entire system.
          (10) National levee database.--The term ``national 
        levee database'' means the levee database established 
        under section 9004.
          (11) Participating program.--The term ``participating 
        program'' means a levee safety program developed by a 
        [State or Indian tribe] State, regional district, or 
        Indian tribe that includes the minimum components 
        necessary for recognition by the Secretary.
          (12) Regional district.--The term ``regional 
        district'' means a subdivision of a State government, 
        or a subdivision of multiple State governments, that is 
        authorized to acquire, construct, operate, and maintain 
        projects for the purpose of flood damage reduction.
          [(12)] (13) Rehabilitation.--The term 
        ``rehabilitation'' means the repair, replacement, 
        reconstruction, removal of a levee, or reconfiguration 
        of a levee system, including a setback levee, that is 
        carried out to reduce flood risk or meet national levee 
        safety guidelines.
          [(13)] (14) Risk.--The term ``risk'' means a measure 
        of the probability and severity of undesirable 
        consequences.
          [(14)] (15) State.--The term ``State'' means--
                  (A) a State;
                  (B) the District of Columbia;
                  (C) the Commonwealth of Puerto Rico; and
                  (D) any other territory or possession of the 
                United States.
          [(15)] (16) State levee safety agency.--The term 
        ``State levee safety agency'' means the agency of a 
        State that has regulatory authority over the safety of 
        any non-Federal levee in the State.
          [(16)] (17) United states.--The term ``United 
        States'', when used in a geographical sense, means all 
        of the States.

           *       *       *       *       *       *       *

SEC. 9004. INVENTORY AND INSPECTION OF LEVEES.

  (a) Levee Database.--
          (1) In general.--Not later than [one year after the 
        date of enactment of this Act] 1 year after the date of 
        enactment of the Water Resources Development Act of 
        2016, the Secretary shall establish and maintain a 
        database with an inventory of the Nation's levees.
          (2) Contents.--The database shall include--
                  (A) location information of all Federal 
                levees in the Nation (including global 
                information system information) and updated 
                levee information provided by [States, Indian 
                tribes, Federal agencies, and other entities] 
                States, regional districts, Indian tribes, 
                Federal agencies, and other entities;
                  (B) utilizing such information as is 
                available, the general condition of each levee; 
                and
                  (C) an estimate of the number of structures 
                and population at risk and protected by each 
                levee that would be adversely impacted if the 
                levee fails or water levels exceed the height 
                of the levee.
          (3) Availability of information.--
                  (A) Availability to [federal, state, and 
                local]  federal, state, regional, tribal, and 
                local governmental agencies.--The Secretary 
                shall make all of the information in the 
                database available to appropriate [Federal, 
                State, and local] Federal, State, regional, 
                tribal, and local governmental agencies.
                  (B) Availability to the public.--The 
                Secretary shall make the information in the 
                database described in paragraph (2)(A), and 
                such other information in the database as the 
                Secretary determines appropriate, available to 
                the public.
  (b) Inventory and Inspection of Levees.--
          (1) Federal levees.--The Secretary, at Federal 
        expense, shall establish an inventory and conduct an 
        inspection of all federally owned and operated levees.
          (2) Federally constructed, nonfederally operated and 
        maintained levees.--The Secretary shall establish an 
        inventory and conduct an inspection of all federally 
        constructed, non-federally operated and maintained 
        levees, at the original cost share for the project.
          (3) Participating levees.--For non-Federal levees the 
        owners of which are participating in the emergency 
        response to natural disasters program established under 
        section 5 of the Act entitled ``An Act authorizing the 
        construction of certain public works on rivers and 
        harbors for flood control, and for other purposes'', 
        approved August 18, 1941 (33 U.S.C. 701n), the 
        Secretary shall establish an inventory and conduct an 
        inspection of each such levee if the owner of the levee 
        requests such inspection. The Federal share of the cost 
        of an inspection under this paragraph shall be 65 
        percent.
  (c) Levee Review.--
          (1) In general.--The Secretary shall carry out a one-
        time inventory and review of all levees identified in 
        the national levee database.
          (2) No federal interest.--The inventory and 
        inspection under paragraph (1) does not create a 
        Federal interest in the construction, operation, or 
        maintenance of any levee that is included in the 
        inventory or inspected under this subsection.
          (3) Review criteria.--In carrying out the inventory 
        and review, the Secretary shall use the levee safety 
        action classification criteria to determine whether a 
        levee should be classified in the inventory as 
        requiring a more comprehensive inspection.
          (4)  [State and tribal]  State, regional, and tribal 
        participation.--At the request of a [State or Indian 
        tribe] State, regional district, or Indian tribe with 
        respect to any levee subject to review under this 
        subsection, the Secretary shall--
                  (A) allow an official of the [State or Indian 
                tribe] State, regional district, or Indian 
                tribe to participate in the review of the 
                levee; and
                  (B) provide information to the [State or 
                Indian tribe] State, regional district, or 
                Indian tribe relating to the location, 
                construction, operation, or maintenance of the 
                levee.
          (5) Exceptions.--In carrying out the inventory and 
        review under this subsection, the Secretary shall not 
        be required to review any levee that has been inspected 
        by a [State or Indian tribe] State, regional district, 
        or Indian tribe using the same methodology described in 
        paragraph (3) during the 1-year period immediately 
        preceding the date of enactment of this subsection if 
        the Governor of the State or [chief executive of the 
        tribal government] chief executive of the regional 
        district or tribal government, as applicable, requests 
        an exemption from the review.

SEC. 9005. LEVEE SAFETY INITIATIVE.

  (a) Establishment.--The Secretary, in consultation with the 
Administrator, shall carry out a levee safety initiative.
  (b) Management.--The Secretary shall appoint--
          (1) an administrator of the levee safety initiative; 
        and
          (2) such staff as are necessary to implement the 
        initiative.
  (c) Levee Safety Guidelines.--
          (1) Establishment.--Not later than [1 year after the 
        date of enactment of this subsection] 1 year after the 
        date of enactment of the Water Resources Development 
        Act of 2016, the Secretary, in consultation with the 
        Administrator and in coordination with [State, local, 
        and tribal governments and organizations] State, 
        regional, local, and tribal governments and 
        organizations with expertise in levee safety, shall 
        establish a set of voluntary, comprehensive, national 
        levee safety guidelines that--
                  (A) are available for common, uniform use by 
                all [Federal, State, tribal, and local 
                agencies] Federal, State, regional, local, and 
                tribal agencies;
                  (B) incorporate policies, procedures, 
                standards, and criteria for a range of levee 
                types, canal structures, and related facilities 
                and features; and
                  (C) provide for adaptation to local, 
                regional, or watershed conditions.
          (2) Requirement.--The policies, procedures, 
        standards, and criteria under paragraph (1)(B) shall be 
        developed taking into consideration the levee hazard 
        potential classification system established under 
        subsection (d).
          (3) Incorporation.--The guidelines shall address, to 
        the maximum extent practicable--
                  (A) the activities and practices carried out 
                by [State, local, and tribal governments] 
                State, regional, local, and tribal governments, 
                and the private sector to safely build, 
                regulate, operate, and maintain levees; and
                  (B) Federal activities that facilitate State, 
                regional, or tribal efforts to develop and 
                implement effective State, regional, or tribal 
                programs for the safety of levees, including 
                levee inspection, levee rehabilitation, locally 
                developed floodplain management, and public 
                education and training programs.
          (4) Consideration by Federal agencies.--To the 
        maximum extent practicable, all Federal agencies shall 
        consider the levee safety guidelines in carrying out 
        activities relating to the management of levees.
          (5) Public comment.--Prior to finalizing the 
        guidelines under this subsection, the Secretary shall--
                  (A) issue draft guidelines for public 
                comment, including comment by [States, non-
                Federal interests, and other appropriate 
                stakeholders] States, regional districts, 
                Indian tribes, non-Federal interests, and other 
                appropriate stakeholders; and
                  (B) consider any comments received in the 
                development of final guidelines.
  (d) Hazard Potential Classification system.--
          (1) Establishment.--The Secretary shall establish a 
        hazard potential classification system for use under 
        the levee safety initiative and participating programs.
          (2) Revision.--The Secretary shall review and, as 
        necessary, revise the hazard potential classification 
        system not less frequently than once every 5 years.
          (3) Consistency.--The hazard potential classification 
        system established pursuant to this subsection shall be 
        consistent with and incorporated into the levee safety 
        action classification tool developed by the Corps of 
        Engineers.
  (e) Technical Assistance and Materials.--
          (1) Establishment.--The Secretary, in consultation 
        with the Administrator, shall provide technical 
        assistance and training to promote levee safety and 
        assist [States, communities, and levee owners] States, 
        regional districts, Indian tribes, communities, and 
        levee owners in--
                  (A) developing levee safety programs;
                  (B) identifying and reducing flood risks 
                associated with levees;
                  (C) identifying local actions that may be 
                carried out to reduce flood risks in leveed 
                areas; and
                  (D) rehabilitating, improving, replacing, 
                reconfiguring, modifying, and removing levees 
                and levee systems.
          (2) Eligibility.--To be eligible to receive technical 
        assistance under this subsection, a State shall--
                  (A) be in the process of establishing or have 
                in effect a State levee safety program under 
                which a State levee safety agency, in 
                accordance with State law, carries out the 
                guidelines established under subsection (c)(1); 
                and
                  (B) allocate sufficient funds in the budget 
                of that State to carry out that State levee 
                safety program.
          (3) Work plans.--The Secretary shall enter into an 
        agreement with each State receiving technical 
        assistance under this subsection to develop a work plan 
        necessary for the State levee safety program of that 
        State to reach a level of program performance that 
        meets the guidelines established under subsection 
        (c)(1).
  (f) Public Education and Awareness.--
          (1) In general.--The Secretary, in coordination with 
        the Administrator, shall carry out public education and 
        awareness efforts relating to the levee safety 
        initiative.
          (2) Contents.--In carrying out the efforts under 
        paragraph (1), the Secretary and the Administrator 
        shall--
                  (A) educate individuals living in leveed 
                areas regarding the risks of living in those 
                areas; and
                  (B) promote consistency in the transmission 
                of information regarding levees among Federal 
                agencies and regarding risk communication at 
                the State and local levels.
  (g)  [State and Tribal] State, Regional, and Tribal Levee 
Safety Program.--
          (1) Guidelines.--
                  (A) In general.--Not later than [1 year after 
                the date of enactment of this subsection] 1 
                year after the date of enactment of the Water 
                Resources Development Act of 2016, in 
                consultation with the Administrator, the 
                Secretary shall issue guidelines that establish 
                the minimum components necessary for 
                recognition of a [State or tribal] State, 
                regional, or tribal levee safety program as a 
                participating program.
                  (B) Guideline contents.--The guidelines under 
                subparagraph (A) shall include provisions and 
                procedures requiring each participating [State 
                and Indian tribe] State, regional district, and 
                Indian tribe to certify to the Secretary that 
                the [State or Indian tribe] State, regional 
                district, or Indian tribe, as applicable--
                          (i) has the authority to participate 
                        in the levee safety initiative;
                          (ii) can receive funds under this 
                        title;
                          (iii) has adopted any levee safety 
                        guidelines developed under this title;
                          (iv) will carry out levee 
                        inspections;
                          (v) will carry out, consistent with 
                        applicable requirements, flood risk 
                        management and any emergency action 
                        planning procedures the Secretary 
                        determines to be necessary relating to 
                        levees;
                          (vi) will carry out public education 
                        and awareness activities consistent 
                        with the efforts carried out under 
                        subsection (f); and
                          (vii) will collect and share 
                        information regarding the location and 
                        condition of levees, including for 
                        inclusion in the national levee 
                        database.
                  (C) Public comment.--Prior to finalizing the 
                guidelines under this paragraph, the Secretary 
                shall--
                          (i) issue draft guidelines for public 
                        comment; and
                          (ii) consider any comments received 
                        in the development of final guidelines.
          (2) Assistance to [states]  states, regional 
        districts, and indian tribes.--
                  (A) Establishment.--The Administrator may 
                provide assistance, subject to the availability 
                of funding specified in appropriations Acts for 
                Federal Emergency Management Agency activities 
                pursuant to this title and subject to amounts 
                available under subparagraph (E), to [States 
                and Indian tribes] States, regional districts, 
                and Indian tribes in establishing participating 
                programs, conducting levee inventories, and 
                improving levee safety programs in accordance 
                with subparagraph (B).
                  (B) Requirements.--To be eligible to receive 
                assistance under this section, a [State or 
                Indian tribe] State, regional district, or 
                Indian tribe shall--
                          (i) meet the requirements of a 
                        participating program established by 
                        the guidelines issued under paragraph 
                        (1);
                          (ii) use not less than 25 percent of 
                        any amounts received to identify and 
                        assess non-Federal [levees within the 
                        State] levees within the State or 
                        regional district or on land of the 
                        Indian tribe;
                          (iii) submit to the Secretary and 
                        Administrator any information collected 
                        by the [State or Indian tribe] State, 
                        regional district, or Indian tribe in 
                        carrying out this subsection for 
                        inclusion in the national levee safety 
                        database; and
                          (iv) identify actions to address 
                        hazard mitigation activities associated 
                        with levees and leveed areas identified 
                        in the hazard mitigation plan of the 
                        State approved by the Administrator of 
                        the Federal Emergency Management Agency 
                        under the Robert T. Stafford Disaster 
                        Relief and Emergency Assistance Act (42 
                        U.S.C. 5121 et seq.).
                  (C) Measures to assess effectiveness.--
                          (i) In general.--Not later than 1 
                        year after the date of enactment of 
                        this subsection, the Administrator 
                        shall implement quantifiable 
                        performance measures and metrics to 
                        assess the effectiveness of the 
                        assistance provided in accordance with 
                        subparagraph (A).
                          (ii) Considerations.--In assessing 
                        the effectiveness of assistance under 
                        clause (i), the Administrator shall 
                        consider the degree to which the [State 
                        or tribal] State, regional, or tribal 
                        program--
                                  (I) ensures that human lives 
                                and property that are protected 
                                by new and existing levees are 
                                safe;
                                  (II) encourages the use of 
                                appropriate engineering 
                                policies, procedures, and 
                                technical practices for levee 
                                site investigation, design, 
                                construction, operation and 
                                maintenance, inspection, 
                                assessment, and emergency 
                                preparedness;
                                  (III) develops and supports 
                                public education and awareness 
                                projects to increase public 
                                acceptance and support of levee 
                                safety programs and provide 
                                information;
                                  (IV) builds public awareness 
                                of the residual risks 
                                associated with living in levee 
                                protected areas; and
                                  (V) develops technical 
                                assistance materials, seminars, 
                                and guidelines to improve the 
                                security of levees of the 
                                United States.
                  (D) Maintenance of effort.--Technical 
                assistance or grants may not be provided to a 
                State under this subsection during a fiscal 
                year unless the State enters into an agreement 
                with the Administrator to ensure that the State 
                will maintain during that fiscal year aggregate 
                expenditures for programs to ensure levee 
                safety that equal or exceed the average annual 
                level of such expenditures for the State for 
                the 2 fiscal years preceding that fiscal year.
                  (E) Authorization of appropriations.--
                          (i) In general.--There is authorized 
                        to be appropriated to the Administrator 
                        to carry out this subsection 
                        $25,000,000 for each of fiscal years 
                        2015 through 2019.
                          (ii) Allocation.--For each fiscal 
                        year, amounts made available under this 
                        subparagraph shall be allocated among 
                        the [States and Indian tribes] States, 
                        regional districts, and Indian tribes 
                        as follows:
                                  (I) \1/3\ among [States and 
                                Indian tribes] States, regional 
                                districts, and Indian tribes 
                                that qualify for assistance 
                                under this subsection.
                                  (II) \2/3\ among [States and 
                                Indian tribes] States, regional 
                                districts, and Indian tribes 
                                that qualify for assistance 
                                under this subsection, to each 
                                such [State or Indian tribe] 
                                State, regional district, or 
                                Indian tribe in the proportion 
                                that--
                                          (aa) the [miles of 
                                        levees in the State] 
                                        miles of levees in the 
                                        State or regional 
                                        district or on the land 
                                        of the Indian tribe 
                                        that are listed on the 
                                        inventory of levees; 
                                        bears to
                                          (bb) the [miles of 
                                        levees in all States] 
                                        miles of levees in all 
                                        States and regional 
                                        districts and on the 
                                        land of all Indian 
                                        tribes that are in the 
                                        national levee 
                                        database.
                          (iii) Maximum Amount of Allocation.--
                        The amounts allocated to a [State or 
                        Indian tribe] State, regional district, 
                        or Indian tribe under this subparagraph 
                        shall not exceed 50 percent of the 
                        reasonable cost of implementing the 
                        [State or tribal] State, regional, or 
                        tribal levee safety program.
                  (F) Prohibition.--No amounts made available 
                to the Administrator under this title shall be 
                used for levee construction, rehabilitation, 
                repair, operations, or maintenance.
  (h) Levee Rehabilitation Assistance Program.--
          (1) Establishment.--The Secretary shall provide 
        assistance to [States, Indian tribes, and local 
        governments] States, regional districts, Indian tribes, 
        and local governments relating to addressing flood 
        mitigation activities that result in an overall 
        reduction in flood risk.
          (2) Requirements.--To be eligible to receive 
        assistance under this subsection, a [State, Indian 
        tribe, or local government] State, regional district, 
        Indian tribe, or local government shall--
                  (A) participate in, and comply with, all 
                applicable Federal floodplain management and 
                flood insurance programs;
                  (B) have in place a hazard mitigation plan 
                that--
                          (i) includes all levee risks; and
                          (ii) complies with the Disaster 
                        Mitigation Act of 2000 (Public Law 106-
                        390; 114 Stat. 1552);
                  (C) submit to the Secretary an application at 
                such time, in such manner, and containing such 
                information as the Secretary may require;
                  (D) commit to provide normal operation and 
                maintenance of the project for the 50 year-
                period following completion of rehabilitation; 
                and
                  (E) comply with such minimum eligibility 
                requirements as the Secretary, in consultation 
                with the committee, may establish to ensure 
                that each owner and operator of a levee under a 
                participating [State or tribal] State, 
                regional, or tribal levee safety program--
                          (i) acts in accordance with the 
                        guidelines developed under subsection 
                        (c); and
                          (ii) carries out activities relating 
                        to the public in the leveed area in 
                        accordance with the hazard mitigation 
                        plan described in subparagraph (B).
          (3) Floodplain management plans.--
                  (A) In general.--Not later than 1 year after 
                the date of execution of a project agreement 
                for assistance under this subsection, a [State, 
                Indian tribe, or local government] State, 
                regional district, Indian tribe, or local 
                government shall prepare a floodplain 
                management plan in accordance with the 
                guidelines under subparagraph (D) to reduce the 
                impacts of future flood events in each 
                applicable leveed area.
                  (B) Inclusions.--A plan under subparagraph 
                (A) shall address--
                          (i) potential measures, practices, 
                        and policies to reduce loss of life, 
                        injuries, damage to property and 
                        facilities, public expenditures, and 
                        other adverse impacts of flooding in 
                        each applicable leveed area;
                          (ii) plans for flood fighting and 
                        evacuation; and
                          (iii) public education and awareness 
                        of flood risks.
                  (C) Implementation.--Not later than 1 year 
                after the date of completion of construction of 
                the applicable project, a floodplain management 
                plan prepared under subparagraph (A) shall be 
                implemented.
                  (D) Guidelines.--Not later than [180 days 
                after the date of enactment of this subsection] 
                180 days after the date of enactment of the 
                Water Resources Development Act of 2016, the 
                Secretary, in consultation with the 
                Administrator, shall develop such guidelines 
                for the preparation of floodplain management 
                plans prepared under this paragraph as the 
                Secretary determines to be appropriate.
                  (E) Technical support.--The Secretary may 
                provide technical support for the development 
                and implementation of floodplain management 
                plans prepared under this paragraph.
          (4) Use of funds.--
                  (A) In general.--Assistance provided under 
                this subsection may be used--
                          (i) for any rehabilitation activity 
                        to maximize overall risk reduction 
                        associated with a levee under a 
                        participating [State or tribal] State, 
                        regional, or tribal levee safety 
                        program; and
                          (ii) only for a levee that is not 
                        federally operated and maintained.
                  (B) Prohibition.--Assistance provided under 
                this subsection shall not be used--
                          (i) to perform routine operation or 
                        maintenance for a levee; or
                          (ii) to make any modification to a 
                        levee that does not result in an 
                        improvement to public safety.
          (5) No proprietary interest.--A contract for 
        assistance provided under this subsection shall not be 
        considered to confer any proprietary interest on the 
        United States.
          (6) Cost share.--The maximum Federal share of the 
        cost of any assistance provided under this subsection 
        shall be 65 percent.
          (7) Project limit.--The maximum amount of Federal 
        assistance for a project under this subsection shall be 
        $10,000,000.
          (8) Limitation.--A project shall not receive Federal 
        assistance under this subsection more than 1 time.
          (9) Federal interest.--For a project that is not a 
        project eligible for rehabilitation assistance under 
        section 5 of the Act of August 18, 1941 (33 U.S.C. 
        701n), the Secretary shall determine that the proposed 
        rehabilitation is in the Federal interest prior to 
        providing assistance for such rehabilitation.
          (10) Other laws.--Assistance provided under this 
        subsection shall be subject to all applicable laws 
        (including regulations) that apply to the construction 
        of a civil works project of the Corps of Engineers.
  (i) Effect of Section.--Nothing in this section--
          (1) affects the requirement under section 
        100226(b)(2) of Public Law 112-141 (42 U.S.C. 4101 
        note; 126 Stat. 942); or
          (2) confers any regulatory authority on--
                  (A) the Secretary; or
                  (B) the Administrator, including for the 
                purpose of setting premium rates under the 
                national flood insurance program established 
                under chapter 1 of the National Flood Insurance 
                Act of 1968 (42 U.S.C. 4011 et seq.).

SEC. 9006. REPORTS.

  (a) State of Levees.--
          (1) In general.--Not later than [1 year after the 
        date of enactment of this subsection] 1 year after the 
        date of enactment of the Water Resources Development 
        Act of 2016, and biennially thereafter, the Secretary 
        in coordination with the committee, shall submit to 
        Congress and make publicly available a report 
        describing the state of levees in the United States and 
        the effectiveness of the levee safety initiative, 
        including--
                  (A) progress achieved in implementing the 
                levee safety initiative;
                  (B) [State and tribal] State, regional, and 
                tribal participation in the levee safety 
                initiative;
                  (C) recommendations to improve coordination 
                of levee safety, floodplain management, and 
                environmental protection concerns, including--
                          (i) identifying and evaluating 
                        opportunities to coordinate public 
                        safety, floodplain management, and 
                        environmental protection activities 
                        relating to levees; and
                          (ii) evaluating opportunities to 
                        coordinate environmental permitting 
                        processes for operation and maintenance 
                        activities at existing levee projects 
                        in compliance with all applicable laws; 
                        and
                  (D) any recommendations for legislation and 
                other congressional actions necessary to ensure 
                national levee safety.
          (2) Inclusion.--Each report under paragraph (1) shall 
        include a report of the committee that describes the 
        independent recommendations of the committee for the 
        implementation of the levee safety initiative.
  (b) National Dam and Levee Safety Program.--Not later than 3 
years after the date of enactment of this subsection, to the 
maximum extent practicable, the Secretary and the 
Administrator, in coordination with the committee, shall submit 
to Congress and make publicly available a report that includes 
recommendations regarding the advisability and feasibility of, 
and potential approaches for, establishing a joint national dam 
and levee safety program.
  (c) Alignment of Federal Programs Relating to Levees.--Not 
later than [2 years after the date of enactment of this 
subsection] 2 years after the date of enactment of the Water 
Resources Development Act of 2016, the Comptroller General of 
the United States shall submit to Congress a report on 
opportunities for alignment of Federal programs to provide 
incentives to [State, tribal, and local] State, regional, 
tribal, and local governments and individuals and entities--
          (1) to promote shared responsibility for levee 
        safety;
          (2) to encourage the development of strong [State and 
        tribal] State, regional, and tribal levee safety 
        programs;
          (3) to better align the levee safety initiative with 
        other Federal flood risk management programs; and
          (4) to promote increased levee safety through other 
        Federal programs providing assistance to [State and 
        local] State, regional, tribal, and local governments.
  (d) Liability for Certain Levee Engineering Projects.--Not 
later than [1 year after the date of enactment of this 
subsection] 1 year after the date of enactment of the Water 
Resources Development Act of 2016, the Secretary shall submit 
to Congress and make publicly available a report that includes 
recommendations that identify and address any legal liability 
associated with levee engineering projects that prevent--
          (1) levee owners from obtaining needed levee 
        engineering services; or
          (2) development and implementation of a [State or 
        tribal] State, regional, or tribal levee safety 
        program.

           *       *       *       *       *       *       *

                              ----------                              

       SECTION 156 OF THE WATER RESOURCES DEVELOPMENT ACT OF 1976

  Sec. 156.
  (a) In General.--The Secretary of the Army, acting through 
the Chief of Engineers, is authorized to provide periodic beach 
nourishment in the case of each water resources development 
project where such nourishment has been authorized for a 
limited period for such additional period as he determines 
necessary but in no event shall such additional period extend 
beyond the fiftieth year which begins after the date of 
initiation of construction of such project.
  (b) Review.--Notwithstanding subsection (a), the Secretary 
shall, at the request of the non-Federal interest, carry out a 
study to determine the feasibility of extending the period of 
nourishment described in subsection (a) for a period not to 
exceed 15 additional years beyond the maximum period described 
in subsection (a).
  (c) Plan for Reducing Risk to People and Property.--
          (1) In general.--As part of the review described in 
        subsection (b), the non-Federal interest shall submit 
        to the Secretary a plan for reducing risk to people and 
        property during the life of the project.
          (2) Inclusion of plan in recommendation to 
        congress.--The Secretary shall include the plan 
        described in subsection (a) in the recommendations to 
        Congress described in subsection (d).
  (d) Report to Congress.--Upon completion of the review 
described in subsection (b), the Secretary shall--
          (1) submit to the Committee on Environment and Public 
        Works of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives any 
        recommendations of the Secretary related to the review; 
        and
          (2) include in the subsequent annual report to 
        Congress required under section 7001 of the Water 
        Resources Reform and Development Act of 2014, any 
        recommendations that require specific congressional 
        authorization.
  (e) Special Rule.--Notwithstanding any other provision of 
this section, for any existing authorized water resources 
development project for which the maximum period for 
nourishment described in subsection (a) will expire within the 
5 year-period beginning on the date of enactment of the Water 
Resources Reform and Development Act of 2014, that project 
shall remain eligible for nourishment for an additional [3] 6 
years after the expiration of such period.
                              ----------                              

                 SECTION 5 OF THE ACT OF JUNE 22, 1936

 AN ACT Authorizing the construction of certain public works on rivers 
         and harbors for flood control, and for other purposes.

                       FLOOD CONTROL ACT OF 1936

  Sec. 5. That pursuant to the policy outlined in sections 1 
and 3, the following works of improvement, for the benefit of 
navigation and the control of destructive flood waters and 
other purposes, are hereby adopted and authorized to be 
prosecuted, in order of their emergency as may be designated by 
the President, under the direction of the Secretary of War and 
supervision of the Chief of Engineers in accordance with the 
plans in the respective reports and records hereinafter 
designated: Provided, That penstocks or other similar 
facilities, adapted to possible future use in the development 
of adequate electric power may be installed in any dam herein 
authorized when approved by the Secretary of War upon the 
recommendation of the Chief of Engineers. Provided further, 
That the Secretary of War is authorized to receive from States 
and political subdivisions thereof and other non-Federal 
interests, such funds as may be contributed by them for work, 
which includes planning and design, to be expended in 
connection with funds appropriated by the United States for any 
authorized water resources development study or project, 
including a project for navigation on the inland waterways, 
whenever such work and expenditure may be considered by the 
Secretary of War, on recommendation of the Chief of Engineers, 
as advantageous in the public interest, and the plans for any 
reservoir project may, in the discretion of the Secretary of 
War, on recommendation of the Chief of Engineers, be modified 
to provide additional storage capacity for domestic water 
supply or other conservation storage, on condition that the 
cost of such increased storage capacity is contributed by local 
agencies and that the local agencies agree to utilize such 
additional storage capacity in a manner consistent with Federal 
uses and purposes: Provided, That the Secretary is authorized 
to receive and expend funds from a State or a political 
subdivision thereof, and other non-Federal interests or private 
entities, to operate a hurricane barrier project to support 
recreational activities at or in the vicinity of the project, 
at no cost to the Federal Government, if the Secretary 
determines that operation for such purpose is not inconsistent 
with the operation and maintenance of the project for the 
authorized purposes of the project: Provided further, That the 
Secretary is authorized to receive and expend funds from a 
State or a political subdivision thereof, and other non-Federal 
interests, to formulate, review, or revise operational 
documents for any reservoir for which the Secretary is 
authorized to prescribe regulations for the use of storage 
allocated for flood risk management or navigation pursuant to 
section 7 of the Act of December 22, 1944 (58 Stat. 890, 
chapter 665; 33 U.S.C. 709): Provided further, That when 
contributions made by States and political subdivisions thereof 
and other non-Federal interests, are in excess of the actual 
cost of the work contemplated and properly chargeable to such 
contributions, such excess contributions may, with the approval 
of the Secretary of War, be returned to the proper 
representatives of the contributing interests: Provided 
further, That the term ``States'' means the several States, the 
District of Columbia, the commonwealths, territories, and 
possessions of the United States, and Federally recognized 
Indian tribes: Provided further, That the term ``non-Federal 
interest'' has the meaning given that term in section 221 of 
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b).
                              ----------                              

              SECTION 301 OF THE WATER SUPPLY ACT OF 1958

  Sec. 301. (a) It is hereby declared to be the policy of the 
Congress to recognize the primary responsibilities of the 
States and local interests in developing water supplies for 
domestic, municipal, industrial, and other purposes and that 
the Federal Government should participate and cooperate with 
States and local interests in developing such water supplies in 
connection with the construction, maintenance, and operation of 
Federal navigation, flood control, irrigation, or multiple 
purpose projects.
  (b) In carrying out the policy set forth in this section, it 
is provided that storage may be included in any reservoir 
project surveyed, planned, constructed or to be planned, 
surveyed and/or constructed by the Corps of Engineers or the 
Bureau of Reclamation to impound water for present or 
anticipated future demand or need for municipal or industrial 
water, and the reasonable value thereof may be taken into 
account in estimating the economic value of the entire project: 
Provided, That the cost of any construction or modification 
authorized under the provisions of this section shall be 
determined on the basis that all authorized purposes served by 
the project shall share equitably in the benefits of multiple 
purpose construction, as determined by the Secretary of the 
Army or the Secretary of the Interior, as the case may be: 
Provided further, That before construction or modification of 
any project including water supply provisions for present 
demand is initiated, State or local interests shall agree to 
pay for the cost of such provisions in accordance with the 
provisions of this section: And provided further, That (1) for 
Corps of Engineers projects, not to exceed 30 percent of the 
total estimated cost of any project may be allocated to 
anticipated future demands, and, (2) for Bureau of Reclamation 
projects, not to exceed 30 per centum of the total estimated 
cost of any project may be allocated to anticipated future 
demands where State or local interests give reasonable 
assurances, and there is reasonable evidence, that such demands 
for the use of such storage will be made within a period of 
time which will permit paying out the costs allocated to water 
supply within the life of the project: And provided further, 
That for Corps of Engineers projects, the Secretary of the Army 
may permit the full non-Federal contribution to be made, 
without interest, during construction of the project, or, with 
interest, over a period of not more than thirty years from the 
date of completion, with repayment contracts providing for 
recalculation of the interest rate at, five-year intervals, and 
for Bureau of Reclamation projects, the entire amount of the 
construction costs, including interest during construction, 
allocated to water supply shall be repaid within the life of 
the project but in no event to exceed fifty years after the 
project is first used for the storage of water for water supply 
purposes, except that (1) no payment need be made with respect 
to storage for future water supply until such supply is first 
used, and (2) no interest shall be charged on such cost until 
such supply is first used, but in no case shall the interest-
free period exceed ten years. For Corps of Engineers projects, 
all annual operation, maintenance, and replacement costs for 
municipal and industrial water supply storage under the 
provisions of this section shall be reimbursed from State or 
local interests on an annual basis. For Corps of Engineers 
projects, any repayment by a State or local interest shall be 
made with interest at a rate to be determined by the Secretary 
of the Treasury, taking into consideration the average market 
yields on outstanding marketable obligations of the United 
States with remaining periods to maturity comparable to the 
reimbursement period, during the month preceding the fiscal 
year in which costs for the construction of the project are 
first incurred (or, when a recalculation is made), plus a 
premium of one-eighth of one percentage point for transaction 
costs. For Bureau of Reclamation projects, the interest rate 
used for purposes of computing interest during construction and 
interest on the unpaid balance shall be determined by the 
Secretary of the Treasury, as of the beginning of the fiscal 
year in which construction is initiated, on the basis of the 
computed average interest rate payable by the Treasury upon its 
outstanding marketable public obligations, which are neither 
due nor callable for redemption for fifteen years from date of 
issue. The provisions of this subsection insofar as they relate 
to the Bureau of Reclamation and the Secretary of the Interior 
shall be alternative to and not a substitute for the provisions 
of the Reclamation Projects Act of 1939 (53 Stat. 1187) 
relating to the same subject.
  (c) Release of Future Water Storage.--
          (1) Establishment of 10-year plans for the 
        utilization of future storage.--
                  (A) In general.--For the period beginning 180 
                days after the date of enactment of this 
                paragraph and ending on January 1, 2016, the 
                Secretary may accept from a State or local 
                interest a plan for the utilization of 
                allocated water storage for future use under 
                this Act.
                  (B) Contents.--A plan submitted under 
                subparagraph (A) shall include--
                          (i) a 10-year timetable for the 
                        conversion of future use storage to 
                        present use; and
                          (ii) a schedule of actions that the 
                        State or local interest agrees to carry 
                        out over a 10-year period, in 
                        cooperation with the Secretary, to seek 
                        new and alternative users of future 
                        water storage that is contracted to the 
                        State or local interest on the date of 
                        enactment of this paragraph.
          (2) Future water storage.--For water resource 
        development projects managed by the Secretary, a State 
        or local interest that the Secretary determines has 
        complied with paragraph (1) may request from the 
        Secretary a release to the United States of any right 
        of the State or local interest to future water storage 
        under this Act that was allocated for future use water 
        supply prior to November 17, 1986.
          (3) Administration.--
                  (A) In general.--Not later than 180 days 
                after receiving a request under paragraph (2), 
                the Secretary shall provide to the applicable 
                State or local interest a written decision on 
                whether the Secretary recommends releasing 
                future water storage rights.
                  (B) Recommendation.--If the Secretary 
                recommends releasing future water storage 
                rights, the Secretary shall include that 
                recommendation in the annual plan submitted 
                under section 7001 of the Water Resources 
                Reform and Development Act of 2014.
          (4) Savings clause.--Nothing in this subsection 
        authorizes the Secretary to release a State or local 
        interest from a contractual obligation unless 
        specifically authorized by Congress.
  (d) The provisions of this section shall not be construed to 
modify the provisions of section 1 and section 8 of the Flood 
Control Act of 1944 (58 Stat. 887), as amended and extended, or 
the provisions of section 8 of the Reclamation Act of 1902 (32 
Stat. 390).
  (e) Modifications of a reservoir project heretofore 
authorized, surveyed, planned, or constructed to include 
storage as provided in subsection (b), which would seriously 
affect the purposes for which the project was authorized, 
surveyed, planned, or constructed, or which would involve major 
structural or operational changes shall be made only upon the 
approval of Congress as now provided by law.
  [(f) The Committees of jurisdiction are very concerned about 
the operation of projects in the Apalachicola-Chattahoochee-
Flint River System and the Alabama-Coosa-Tallapoosa River 
System, and further, the Committees of jurisdiction recognize 
that this ongoing water resources dispute raises serious 
concerns related to the authority of the Secretary of the Army 
to allocate substantial storage at projects to provide local 
water supply pursuant to the Water Supply Act of 1958 absent 
congressional approval. Interstate water disputes of this 
nature are more properly addressed through interstate water 
agreements that take into consideration the concerns of all 
affected States including impacts to other authorized uses of 
the projects, water supply for communities and major cities in 
the region, water quality, freshwater flows to communities, 
rivers, lakes, estuaries, and bays located downstream of 
projects, agricultural uses, economic development, and other 
appropriate concerns. To that end, the Committees of 
jurisdiction strongly urge the Governors of the affected States 
to reach agreement on an interstate water compact as soon as 
possible, and we pledge our commitment to work with the 
affected States to ensure prompt consideration and approval of 
any such agreement. Absent such action, the Committees of 
jurisdiction should consider appropriate legislation to address 
these matters including any necessary clarifications to the 
Water Supply Act of 1958 or other law. This subsection does not 
alter existing rights or obligations under law.]
                              ----------                              

                         ACT OF AUGUST 18, 1941

 AN ACT Authorizing the construction of certain public works on rivers 
         and harbors for flood control, and for other purposes.

  Sec. 5. (a)(1) That there is authorized an emergency fund to 
be expended in preparation for emergency response to any 
natural disaster, in flood fighting and rescue operations, or 
in the repair or restoration of any flood control work 
threatened or destroyed by flood, including the strengthening, 
raising, extending, or other modification thereof as may be 
necessary in the discretion of the Chief of Engineers for the 
adequate functioning of the work for flood control and subject 
to the condition that the Chief of Engineers may include 
modifications to the structure or project, or in implementation 
of nonstructural alternatives to the repair or restoration of 
such flood control work [if requested] after consultation with 
the non-Federal sponsor and if requested and agreed to by the 
non-Federal sponsor; in the emergency protection of federally 
authorized hurricane or shore protection being threatened when 
in the discretion of the Chief of Engineers such protection is 
warranted to protect against imminent and substantial loss to 
life and property; in the repair and restoration of any 
federally authorized hurricane or shore protective structure or 
project damaged or destroyed by wind, wave, or water action of 
other than an ordinary nature to the design level of protection 
when, in the discretion of the Chief of Engineers, such repair 
and restoration is warranted for the adequate functioning of 
the structure or project for hurricane or shore protection, 
subject to the condition that the Chief of Engineers may 
include modifications to the structure or project to address 
major deficiencies or implement nonstructural alternatives to 
the repair or restoration of the structure [if requested] after 
consultation with the non-Federal sponsor and if requested and 
agreed to by the non-Federal sponsor. The emergency fund may 
also be expended for emergency dredging for restoration of 
authorized project depths for Federal navigable channels and 
waterways made necessary by flood, drought, earthquake, or 
other natural disasters. In any case in which the Chief of 
Engineers is otherwise performing work under this section in an 
area for which the Governor of the affected State has requested 
a determination that an emergency exists or a declaration that 
a major disaster exists under the Disaster Relief and Emergency 
Assistance Act, the Chief of Engineers is further authorized to 
perform on public and private lands and waters for a period of 
ten days following the Governor's request any emergency work 
made necessary by such emergency or disaster which is essential 
for the preservation of life and property, including, but not 
limited to, channel clearance, emergency shore protection, 
clearance and removal of debris and wreckage endangering public 
health and safety, and temporary restoration of essential 
public facilities and services. The Chief of Engineers, in the 
exercise of his discretion, is further authorized to provide 
emergency supplies of clean water, on such terms as he 
determines to be advisable, to any locality which he finds is 
confronted with a source of contaminated water causing or 
likely to cause a substantial threat to the public health and 
welfare of the inhabitants of the locality. The appropriation 
of such moneys for the initial establishment of this fund and 
for its replenishment on an annual basis, is authorized: 
Provided, That pending the appropriation of sums to such 
emergency fund, the Secretary of the Army may allot, from 
existing flood-control appropriations, such sums as may be 
necessary for the immediate prosecution of the work herein 
authorized, such appropriations to be reimbursed from the 
appropriation herein authorized when made. The Chief of 
Engineers is authorized, in the prosecution of work in 
connection with rescue operations, or in conducting other flood 
emergency work, to acquire on a rental basis such motor 
vehicles, including passenger cars and buses, as in his 
discretion are deemed necessary.
  (2) In preparing a cost and benefit feasibility assessment 
for any emergency project described in paragraph (1), the Chief 
of Engineers shall consider the benefits to be gained by such 
project for the protection of--
          (A) residential establishments;
          (B) commercial establishments, including the 
        protection of inventory; and
          (C) agricultural establishments, including the 
        protection of crops.
  (b)(1) The Secretary, upon a written request for assistance 
under this paragraph made by any farmer, rancher, or political 
subdivision within a distressed area, and after a determination 
by the Secretary that (A) as a result of the drought such 
farmer, rancher, or political subdivision has an inadequate 
supply of water, (B) an adequate supply of water can be made 
available to such farmer, rancher, or political subdivision 
through the construction of a well, and (C) as a result of the 
drought such well could not be constructed by a private 
business, the Secretary, subject to paragraph (3) of this 
subsection, may enter into an agreement with such farmer, 
rancher, or political subdivision for the construction of such 
well.
  (2) The Secretary, upon a written request for assistance 
under this paragraph made by any farmer, rancher, or political 
subdivision within a distressed area, and after a determination 
by the Secretary that as a result of the drought such farmer, 
rancher, or political subdivision has an inadequate supply of 
water and water cannot be obtained by such farmer, rancher, or 
political subdivision, the Secretary may transport water to 
such farmer, rancher, or political subdivision by methods which 
include, but are not limited to, small-diameter emergency water 
lines and tank trucks, until such time as the Secretary 
determines that an adequate supply of water is available to 
such farmer, rancher, or political subdivision.
  (3)(A) Any agreement entered into by the Secretary pursuant 
to paragraph (1) of this subsection shall require the farmer, 
rancher, or political subdivision for whom the well is 
constructed to pay to the United States the reasonable cost of 
such construction, with interest, over such number of years, 
not to exceed thirty, as the Secretary deems appropriate. The 
rate of interest shall be that rate which the Secretary 
determines would apply if the amount to be repaid was a loan 
made pursuant to section 7(b)(2) of the Small Business Act.
  (B) The Secretary shall not construct any well pursuant to 
this subsection unless the farmer, rancher, or political 
subdivision for whom the well is being constructed has 
obtained, prior to construction, all necessary State and local 
permits.
  (4) The Federal share for the transportation of water 
pursuant to paragraph (2) of this subsection shall be 100 per 
centum.
  (5) For purposes of this subsection--
          (A) the term ``construction'' includes construction, 
        reconstruction, or repair;
          (B) the term ``distressed area'' means an area which 
        the Secretary determines due to drought conditions has 
        an inadequate water supply which is causing, or is 
        likely to cause, a substantial threat to the health and 
        welfare of the inhabitants of the area including threat 
        of damage or loss of property;
          (C) the term ``political subdivision'' means a city, 
        town, borough, county, parish, district, association, 
        or other public body created by or pursuant to State 
        law and having jurisdiction over the water supply of 
        such public body;
          (D) the term ``reasonable cost'' means the lesser of 
        (i) the cost to the Secretary of constructing a well 
        pursuant to this subsection exclusive of the cost of 
        transporting equipment used in the construction of 
        wells, or (ii) the cost to a private business of 
        constructing such well;
          (E) the term ``Secretary'' means the Secretary of the 
        Army, acting through the Chief of Engineers; and
          (F) the term ``State'' means a State, the District of 
        Columbia, the Commonwealth of Puerto Rico, the Virgin 
        Islands, Guam, American Samoa, and the Trust Territory 
        of the Pacific Islands.
  (c) Levee Owners Manual.--
          (1) In general.--Not later than 1 year after the date 
        of the enactment of this subsection, in accordance with 
        chapter 5 of title 5, United States Code, the Secretary 
        of the Army shall prepare a manual describing the 
        maintenance and upkeep responsibilities that the Corps 
        of Engineers requires of a non-Federal interest in 
        order for the non-Federal interest to receive Federal 
        assistance under this section. The Secretary shall 
        provide a copy of the manual at no cost to each non-
        Federal interest that is eligible to receive Federal 
        assistance under this section.
          (2) Authorization of appropriations.--There is 
        authorized to be appropriated $1,000,000 to carry out 
        this subsection.
          (3) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Maintenance and upkeep.--The term 
                ``maintenance and upkeep'' means all 
                maintenance and general upkeep of a levee 
                performed on a regular and consistent basis 
                that is not repair and rehabilitation.
                  (B) Repair and rehabilitation.--The term 
                ``repair and rehabilitation''--
                          (i) means the repair or rebuilding of 
                        a levee or other flood control 
                        structure, after the structure has been 
                        damaged by a flood, to the level of 
                        protection provided by the structure 
                        before the flood; but
                          (ii) does not include--
                                  (I) any improvement to the 
                                structure; or
                                  (II) repair or rebuilding 
                                described in clause (i) if, in 
                                the normal course of usage, the 
                                structure becomes structurally 
                                unsound and is no longer fit to 
                                provide the level of protection 
                                for which the structure was 
                                designed.

           *       *       *       *       *       *       *

                              ----------                              

ESTUARY RESTORATION ACT OF 2000

           *       *       *       *       *       *       *

TITLE I--ESTUARY RESTORATION

           *       *       *       *       *       *       *

SEC. 104. ESTUARY HABITAT RESTORATION PROGRAM.

  (a) Establishment.--There is established an estuary habitat 
restoration program under which the Secretary may carry out 
estuary habitat restoration projects and provide technical 
assistance through the award of contracts and cooperative 
agreements in accordance with the requirements of this title.
  (b) Origin of Projects.--A proposed estuary habitat 
restoration project shall originate from a non-Federal interest 
consistent with State or local laws.
  (c) Selection of Projects.--
          (1) In general.--The Secretary shall select estuary 
        habitat restoration projects from a list of project 
        proposals submitted by the Estuary Habitat Restoration 
        Council under section 105(b).
          (2) Required elements.--Each estuary habitat 
        restoration project selected by the Secretary must--
                  (A) address restoration needs identified in 
                an estuary habitat restoration plan;
                  (B) be consistent with the estuary habitat 
                restoration strategy developed under section 
                106;
                  (C) include a monitoring plan that is 
                consistent with standards for monitoring 
                developed under section 107 to ensure that 
                short-term and long-term restoration goals are 
                achieved; and
                  (D) include satisfactory assurance from the 
                non-Federal interests proposing the project 
                that the non-Federal interests will have 
                adequate personnel, funding, and authority to 
                carry out items of local cooperation and 
                properly maintain the project.
          (3) Factors for selection of projects.--In selecting 
        an estuary habitat restoration project, the Secretary 
        shall consider the following factors:
                  (A) Whether the project is part of an 
                approved Federal or State estuary management or 
                habitat restoration plan.
                  (B) The technical feasibility of the project.
                  (C) The scientific merit of the project.
                  (D) Whether the project will encourage 
                increased coordination and cooperation among 
                Federal, State, and local government agencies.
                  (E) Whether the project fosters public-
                private partnerships and uses Federal resources 
                to encourage increased private sector 
                involvement, including consideration of the 
                amount of private funds or in-kind 
                contributions for an estuary habitat 
                restoration activity.
                  (F) Whether the project is cost-effective.
                  (G) Whether the State in which the non-
                Federal interest is proposing the project has a 
                dedicated source of funding to acquire or 
                restore estuary habitat, natural areas, and 
                open spaces for the benefit of estuary habitat 
                restoration or protection.
                  (H) Other factors that the Secretary 
                determines to be reasonable and necessary for 
                consideration.
          (4) Priority.--In selecting estuary habitat 
        restoration projects to be carried out under this 
        title, the Secretary shall give priority consideration 
        to a project if, in addition to meriting selection 
        based on the factors under paragraph (3)--
                  (A) the project occurs within a watershed in 
                which there is a program being carried out that 
                addresses sources of pollution and other 
                activities that otherwise would re-impair the 
                restored habitat; or
                  (B) the project includes pilot testing of or 
                a demonstration of an innovative technology or 
                approach having the potential for improved 
                cost-effectiveness in estuary habitat 
                restoration.
  (d) Cost Sharing.--
          (1) Federal share.--
                  (A) In general.--Except as provided in 
                paragraph (2) and subsection (e)(2), the 
                Federal share of the cost of an estuary habitat 
                restoration project (other than the cost of 
                operation and maintenance of the project) 
                carried out under this title shall not exceed 
                65 percent of such cost.
                  (B) Monitoring.--
                          (i) Costs.--The costs of monitoring 
                        an estuary habitat restoration project 
                        funded under this title may be included 
                        in the total cost of the estuary 
                        habitat restoration project.
                          (ii) Goals.--The goals of the 
                        monitoring shall be--
                                  (I) to measure the 
                                effectiveness of the 
                                restoration project; and
                                  (II) to allow adaptive 
                                management to ensure project 
                                success.
          (2) Innovative technology costs.--The Federal share 
        of the incremental additional cost of including in a 
        project pilot testing of or a demonstration of an 
        innovative technology or approach described in 
        subsection (c)(4)(B) shall be 85 percent.
          (3) Non-federal share.--The non-Federal share of the 
        cost of an estuary habitat restoration project carried 
        out under this title shall include lands, easements, 
        rights-of-way, and relocations and may include services 
        (including monitoring), or any other form of in-kind 
        contribution determined by the Secretary to be an 
        appropriate contribution equivalent to the monetary 
        amount required for the non-Federal share of the 
        activity.
          (4) Operation and maintenance.--The non-Federal 
        interests shall be responsible for all costs associated 
        with operating, maintaining, replacing, repairing, and 
        rehabilitating all projects carried out under this 
        section.
  (e) Interim Actions.--
          (1) In general.--Pending completion of the estuary 
        habitat restoration strategy to be developed under 
        section 106, the Secretary may take interim actions to 
        carry out an estuary habitat restoration activity.
          (2) Federal share.--The Federal share of the cost of 
        an estuary habitat restoration activity before the 
        completion of the estuary habitat restoration strategy 
        shall not exceed 25 percent of such cost.
  (f) Cooperation of Non-Federal Interests.--
          (1) In general.--The Secretary may not carry out an 
        estuary habitat restoration project until a non-Federal 
        interest has entered into a written agreement with the 
        Secretary in which the non-Federal interest agrees to--
                  (A) provide all lands, easements, rights-of-
                way, and relocations and any other elements the 
                Secretary determines appropriate under 
                subsection (d)(3); and
                  (B) provide for long-term maintenance and 
                monitoring of the project.
          (2) Nongovernmental organizations.--Notwithstanding 
        section 221(b) of the Flood Control Act of 1970 (42 
        U.S.C. 1962d-5b(b)), for any project to be undertaken 
        under this title, the Secretary, in consultation and 
        coordination with appropriate State and local 
        governmental agencies and Indian tribes, may allow a 
        nongovernmental organization to serve as the non-
        Federal interest for the project.
          (3) Project agreements.--For a project carried out 
        under this title, the requirements of section 103(j)(1) 
        of the Water Resources Development Act of 1986 (33 
        U.S.C. 2213(j)(1)) may be fulfilled by a 
        nongovernmental organization serving as the non-Federal 
        interest for the project pursuant to paragraph (2).
  (g) Delegation of Project Implementation.--
          (1) In general.--In carrying out this title, the 
        Secretary may delegate project implementation to 
        another Federal department or agency on a reimbursable 
        basis if the Secretary, upon the recommendation of the 
        Council, determines such delegation is appropriate.
          (2) Small projects.--
                  (A) Small project defined.--In this 
                paragraph, the term ``small project'' means a 
                project carried out under this title with an 
                estimated Federal cost of less than $1,000,000.
                  (B) Delegation of project implementation.--In 
                carrying out this section, the Secretary, on 
                recommendation of the Council, may delegate 
                implementation of a small project to--
                          (i) the Secretary of the Interior 
                        (acting through the Director of the 
                        United States Fish and Wildlife 
                        Service);
                          (ii) the Under Secretary for Oceans 
                        and Atmosphere of the Department of 
                        Commerce;
                          (iii) the Administrator of the 
                        Environmental Protection Agency; or
                          (iv) the Secretary of Agriculture.
                  (C) Funding.--A small project delegated to 
                the head of a Federal department or agency 
                under this paragraph may be carried out using 
                funds appropriated to the department or agency 
                under section 109(a)(1) or other funds 
                available to the department or agency.
                  (D) Agreements.--The head of a Federal 
                department or agency to which a small project 
                is delegated under this paragraph shall enter 
                into an agreement with the non-Federal interest 
                for the project generally in conformance with 
                the criteria in subsections (d) and (e). 
                Cooperative agreements may be used for any 
                delegated project to allow the non-Federal 
                interest to carry out the project on behalf of 
                the Federal agency.

           *       *       *       *       *       *       *

SEC. 109. FUNDING.

  (a) Authorization of Appropriations.--
          (1) Estuary habitat restoration projects.--There is 
        authorized to be appropriated for carrying out and 
        providing technical assistance for estuary habitat 
        restoration projects--
                  (A) to the Secretary, $25,000,000 for each of 
                fiscal years 2008 through [2012] 2021;
                  (B) to the Secretary of the Interior (acting 
                through the Director of the United States Fish 
                and Wildlife Service), $2,500,000 for each of 
                fiscal years 2008 through [2012] 2021;
                  (C) to the Under Secretary for Oceans and 
                Atmosphere of the Department of Commerce, 
                $2,500,000 for each of fiscal years 2008 
                through [2012] 2021;
                  (D) to the Administrator of the Environmental 
                Protection Agency, $2,500,000 for each of 
                fiscal years 2008 through [2012] 2021; and
                  (E) to the Secretary of Agriculture, 
                $2,500,000 for each of fiscal years 2008 
                through [2012] 2021.
        Such sums shall remain available until expended.
          (2) Monitoring.--There is authorized to be 
        appropriated to the Under Secretary for Oceans and 
        Atmosphere of the Department of Commerce for the 
        acquisition, maintenance, and management of monitoring 
        data on restoration projects carried out under this 
        title and other information compiled under section 107, 
        $1,500,000 for each of fiscal years 2001 through [2012] 
        2021. Such sums shall remain available until expended.
  (b) Set-Aside for Administrative Expenses of the Council.--
Not to exceed 3 percent of the amounts appropriated for a 
fiscal year under subsection (a)(1) or $1,500,000, whichever is 
greater, may be used by the Secretary for administration and 
operation of the Council.

           *       *       *       *       *       *       *

                              ----------                              

WATER RESOURCES DEVELOPMENT ACT OF 1974

           *       *       *       *       *       *       *

  Sec. 22. (a) Federal State Cooperation.--
          (1) Comprehensive plans.--The Secretary of the Army, 
        acting through the Chief of Engineers, is authorized to 
        cooperate with any State [or other non-Federal 
        interest], group of States, or non-Federal interest 
        working with a State or group of States in the 
        preparation of comprehensive plans for the development, 
        utilization, and conservation of the water and related 
        resources of drainage basins, watersheds, or ecosystems 
        located within the boundaries of such State or group of 
        States, including plans to comprehensively address 
        water resources challenges, and to submit to Congress 
        reports and recommendations with respect to appropriate 
        Federal participation in carrying out such plans.
          (2) Technical assistance.--
                  (A) In general.--At the request of a 
                governmental agency or non-Federal interest, 
                the Secretary may provide technical assistance 
                to such agency or non-Federal interest in 
                managing water resources.
                  (B) Types of assistance.--Technical 
                assistance under this paragraph may include 
                provision and integration of hydrologic, 
                economic, and environmental data and analyses.
  (b) Fees.--
          (1) Establishmenant and collection.--For the purpose 
        of recovering 50 percent of the total cost of providing 
        assistance pursuant to subsection (a), the Secretary of 
        the Army is authorized to establish appropriate fees, 
        as determined by the Secretary, and to collect such 
        fees from States and other non-Federal public bodies to 
        whom assistance is provided under subsection (a).
          (2) Contributed funds.--The Secretary may accept and 
        expend funds in excess of the fees established under 
        paragraph (1) that are provided by a State or other 
        non-Federal interest for assistance under this section.
          (3) In-kind services.--The non-Federal contribution 
        for preparation of a plan subject to the cost sharing 
        program under this subsection may be made by the 
        provision of services, materials, supplies, or other 
        in-kind services necessary to prepare the plan.
          (4) Deposit and use.--Fees collected under this 
        subsectionshall be deposited into the account in the 
        Treasury of theUnited States entitled, ``Contributions 
        and Advances, Rivers and Harbors, Corps of Engineers 
        (8862)'' and shall be available untilexpended to carry 
        out this section.
  (c) Authorization of Appropriations.--
          (1) Federal and state cooperation.--There is 
        authorized to be appropriated not to exceed $30,000,000 
        annually to carry out subsection (a)(1), except that 
        not more than $5,000,000 in Federal funds shall be 
        expended in any one year in any one State. The 
        Secretary may allow 2 or more States to combine all or 
        a portion of the funds that the Secretary makes 
        available to the States in carrying out subsection 
        (a)(1).
          (2) Technical assistance.--There is authorized to be 
        appropriated $15,000,000 annually to carry out 
        subsection (a)(2), of which not more than $2,000,000 
        annually may be used by the Secretary to enter into 
        cooperative agreements with nonprofit organizations to 
        provide assistance to rural and small communities.
  (d) Annual Submission of Proposed Activities.--Concurrent 
with the President's submission to Congress of the President's 
request for appropriations for the Civil Works Program for a 
fiscal year, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public 
Works of the Senate a report describing the individual 
activities proposed for funding under subsection (a)(1) for 
that fiscal year.
  (e) For the purposes of this section, the term ``State'' 
means theseveral States of the United States, Indian tribes, 
the Commonwealth of PuertoRico, Guam, American Samoa, the 
Virgin Islands, the Commonwealthof the Northern Marianas, and 
the Trust Territory of thePacific Islands.
                              ----------                              

                       FLOOD CONTROL ACT OF 1970

SEC. 221. WRITTEN AGREEMENT REQUIREMENT FOR WATER RESOURCES PROJECTS.

  (a) Cooperation of Non-Federal Interest.--
          (1) In general.--After December 31, 1970, the 
        construction of any water resources project, or an 
        acceptable separable element thereof, by the Secretary 
        of the Army, acting through the Chief of Engineers, or 
        by a non-Federal interest where such interest will be 
        reimbursed for such construction under any provision of 
        law, shall not be commenced until each non-Federal 
        interest has entered into a written partnership 
        agreement with the Secretary (or, where appropriate, 
        the district engineer for the district in which the 
        project will be carried out) under which each party 
        agrees to carry out its responsibilities and 
        requirements for implementation or construction of the 
        project or the appropriate element of the project, as 
        the case may be; except that no such agreement shall be 
        required if the Secretary determines that the 
        administrative costs associated with negotiating, 
        executing, or administering the agreement would exceed 
        the amount of the contribution required from the non-
        Federal interest and are less than $25,000.
          (2) Liquidated damages.--A partnership agreement 
        described in paragraph (1) may include a provision for 
        liquidated damages in the event of a failure of one or 
        more parties to perform.
          (3) Obligation of future appropriations.--In any 
        partnership agreement described in paragraph (1) and 
        entered into by a State, or a body politic of the State 
        which derives its powers from the State constitution, 
        or a governmental entity created by the State 
        legislature, the agreement may reflect that it does not 
        obligate future appropriations for such performance and 
        payment when obligating future appropriations would be 
        inconsistent with constitutional or statutory 
        limitations of the State or a political subdivision of 
        the State.
          (4) Credit for in-kind contributions.--
                  (A) In general.--A partnership agreement 
                described in paragraph (1) may provide with 
                respect to a project that the Secretary shall 
                credit toward the non-Federal share of the cost 
                of the project, including a project implemented 
                without specific authorization in law or a 
                project under an environmental infrastructure 
                assistance program, the value of in-kind 
                contributions made by the non-Federal interest, 
                including--
                          (i) the costs of planning (including 
                        data collection), design, management, 
                        mitigation, construction, and 
                        construction services that are provided 
                        by the non-Federal interest for 
                        implementation of the project;
                          (ii) the value of materials or 
                        services provided before execution of 
                        the partnership agreement, including 
                        efforts on constructed elements 
                        incorporated into the project; and
                          (iii) the value of materials and 
                        services provided after execution of 
                        the partnership agreement.
                  (B) Condition.--The Secretary may credit an 
                in-kind contribution under subparagraph (A) 
                only if the Secretary determines that the 
                material or service provided as an in-kind 
                contribution is integral to the project.
                  (C) Work performed before partnership 
                agreement.--
                          (i) Construction.--
                                  (I) In general.--In any case 
                                in which the non-Federal 
                                interest is to receive credit 
                                under subparagraph (A) for the 
                                cost of construction carried 
                                out by the non-Federal interest 
                                before execution of a 
                                partnership agreement and that 
                                construction has not been 
                                carried out as of November 8, 
                                2007, the Secretary and the 
                                non-Federal interest shall 
                                enter into an agreement under 
                                which the non-Federal interest 
                                shall carry out such work and 
                                shall do so prior to the non-
                                Federal interest initiating 
                                construction or issuing a 
                                written notice to proceed for 
                                the construction.
                                  (II) Eligibility.--
                                Construction that is carried 
                                out after the execution of an 
                                agreement to carry out work 
                                described in subclause (I) and 
                                any design activities that are 
                                required for that construction, 
                                even if the design activity is 
                                carried out prior to the 
                                execution of the agreement to 
                                carry out work, shall be 
                                eligible for credit.
                          (ii) Planning.--
                                  (I) In general.--In any case 
                                in which the non-Federal 
                                interest is to receive credit 
                                under subparagraph (A) for the 
                                cost of planning carried out by 
                                the non-Federal interest before 
                                execution of a feasibility 
                                cost-sharing agreement, the 
                                Secretary and the non-Federal 
                                interest shall enter into an 
                                agreement under which the non-
                                Federal interest shall carry 
                                out such work and shall do so 
                                prior to the non-Federal 
                                interest initiating that 
                                planning.
                                  (II) Eligibility.--Planning 
                                that is carried out by the non-
                                Federal interest after the 
                                execution of an agreement to 
                                carry out work described in 
                                subclause (I) shall be eligible 
                                for credit.
                  (D) Limitations.--Credit authorized under 
                this paragraph for a project--
                          (i) shall not exceed the non-Federal 
                        share of the cost of the project;
                          (ii) shall not alter any requirement 
                        that a non-Federal interest pay a 
                        portion of the costs of construction of 
                        the project under sections 101(a)(2) 
                        and 103(a)(1)(A) of the Water Resources 
                        Development Act of 1986 (33 U.S.C. 
                        2211(a)(2); 33 U.S.C. 2213(a)(1)(A)) of 
                        the Water Resources Development Act of 
                        1986 (33 U.S.C. 2211; 33 U.S.C. 2213); 
                        and
                          (iii) shall not alter any requirement 
                        that a non-Federal interest pay a 
                        portion of the costs of construction of 
                        the project under sections 101 and 103 
                        of the Water Resources Development Act 
                        of 1986 (33 U.S.C. 2211; 33 U.S.C. 
                        2213); and
                          (iv) shall not exceed the actual and 
                        reasonable costs of the materials, 
                        services, or other things provided by 
                        the non-Federal interest, as determined 
                        by the Secretary.
                  (E) Analysis of costs and benefits.--In the 
                evaluation of the costs and benefits of a 
                project, the Secretary shall not consider 
                construction carried out by a non-Federal 
                interest under this subsection as part of the 
                future without project condition.
                  (F) Transfer of credit between separable 
                elements of a project.--Credit for in-kind 
                contributions provided by a non-Federal 
                interest that are in excess of the non-Federal 
                cost share for an authorized separable element 
                of a project may be applied toward the non-
                Federal cost share for a different authorized 
                separable element of the same project.
                  (G) Application of credit.--
                          (i) In general.--To the extent that 
                        credit for in-kind contributions, as 
                        limited by subparagraph (D), and credit 
                        for required land, easements, rights-
                        of-way, dredged material disposal 
                        areas, and relocations provided by the 
                        non-Federal interest exceed the non-
                        Federal share of the cost of 
                        construction of a project other than a 
                        navigation project, the Secretary, 
                        subject to the availability of funds, 
                        shall enter into a reimbursement 
                        agreement with the non-Federal 
                        interest, which shall be in addition to 
                        a partnership agreement under 
                        subparagraph (A), to reimburse the 
                        difference to the non-Federal interest.
                          (ii) Priority.--If appropriated funds 
                        are insufficient to cover the full cost 
                        of all requested reimbursement 
                        agreements under clause (i), the 
                        Secretary shall enter into 
                        reimbursement agreements in the order 
                        in which requests for such agreements 
                        are received.
                  (H) Applicability.--
                          (i) In general.--This paragraph shall 
                        apply to water resources projects 
                        authorized after November 16, 1986, 
                        including projects initiated after 
                        November 16, 1986, without specific 
                        authorization in law, and to water 
                        resources projects authorized prior to 
                        the date of enactment of the Water 
                        Resources Development Act of 1986 
                        (Public Law 99-662), if correction of 
                        design deficiencies is necessary.
                                          (ii) Authorization as 
                                        addition to other 
                                        authorizations.--The 
                                        authority of the 
                                        Secretary to provide 
                                        credit for in-kind 
                                        contributions pursuant 
                                        to this paragraph shall 
                                        be in addition to any 
                                        other authorization to 
                                        provide credit for in-
                                        kind contributions and 
                                        shall not be construed 
                                        as a limitation on such 
                                        other authorization. 
                                        The Secretary shall 
                                        apply the provisions of 
                                        this paragraph, in lieu 
                                        of provisions under 
                                        other crediting 
                                        authority, only if so 
                                        requested by the non-
                                        Federal interest.
  (b) Definition of Non-Federal Interest.--The term ``non-
Federal interest'' means--
          (1) a legally constituted public body (including a 
        federally recognized Indian tribe and, as defined in 
        section 3 of the Alaska Native Claims Settlement Act 
        (43 U.S.C. 1602), a Native village, Regional 
        Corporation, and Village Corporation); or
          (2) a nonprofit entity with the consent of the 
        affected local government,
that has full authority and capability to perform the terms of 
its agreement and to pay damages, if necessary, in the event of 
failure to perform.
  (c) Every agreement entered into pursuant to this section 
shall beenforcible in the appropriate district court of the 
United States.
  (d) After commencement of construction of a project, the 
Chief ofEngineers may undertake performance of those items of 
cooperationnecessary to the functioning of the project for its 
purposes, if he hasfirst notified the non-Federal interest of 
its failure to perform theterms of its agreement and has given 
such interest a reasonable timeafter such notification to so 
perform.
  (e) Delegation of Authority.--Not later than June 30, 2008, 
the Secretary shall issue policies and guidelines for 
partnership agreements that delegate to the district engineers, 
at a minimum--
          (1) the authority to approve any policy in a 
        partnership agreement that has appeared in an agreement 
        previously approved by the Secretary;
          (2) the authority to approve any policy in a 
        partnership agreement the specific terms of which are 
        dictated by law or by a final feasibility study, final 
        environmental impact statement, or other final decision 
        document for a water resources project;
          (3) the authority to approve any partnership 
        agreement that complies with the policies and 
        guidelines issued by the Secretary; and
          (4) the authority to sign any partnership agreement 
        for any water resources project unless, within 30 days 
        of the date of authorization of the project, the 
        Secretary notifies the district engineer in which the 
        project will be carried out that the Secretary wishes 
        to retain the prerogative to sign the partnership 
        agreement for that project.
  (f) Report to Congress.--Not later than 2 years after the 
date of enactment of this subsection, and every year 
thereafter, the Secretary shall submit to Congress a report 
detailing the following:
          (1) The number of partnership agreements signed by 
        district engineers and the number of partnership 
        agreements signed by the Secretary.
          (2) For any partnership agreement signed by the 
        Secretary, an explanation of why delegation to the 
        district engineer was not appropriate.
  (g) Public Availability.--Not later than 120 days after the 
date of enactment of this subsection, the Chief of Engineers 
shall--
          (1) ensure that each district engineer has made 
        available to the public, including on the Internet, all 
        partnership agreements entered into under this section 
        within the preceding 10 years and all partnership 
        agreements for water resources projects currently being 
        carried out in that district; and
          (2) make each partnership agreement entered into 
        after such date of enactment available to the public, 
        including on the Internet, not later than 7 days after 
        the date on which such agreement is entered into.
  (h) This section shall not apply to any project the 
construction ofwhich was commenced before January 1,1972.
                              ----------                              

                        ACT OF DECEMBER 22, 1944

 AN ACT Authorizing the construction of certain public works on rivers 
         and harbors for flood control, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, In connection 
with the exercise of jurisdiction over the rivers of the Nation 
through the construction of works of improvement, for 
navigation or flood control, as herein authorized, it is 
declared to be the policy of the Congress to recognize the 
interests and rights of the States in determining the 
development of the watersheds within their borders and likewise 
their interests and rights in water utilization and control, as 
herein authorized to preserve and protect to the fullest 
possible extent established and potential uses, for all 
purposes, of the waters of the Nation's rivers; to facilitate 
the consideration of projects on a basis of comprehensive and 
coordinated development; and to limit the authorization and 
construction of navigation works to those in which a 
substantial benefit to navigation will be realized therefrom 
and which can be operated consistently with appropriate and 
economic use of the waters of such rivers by other users.
   In conformity with this policy:
  (a) Plans, proposals, or reports of the Chief of Engineers, 
Department of the Army, for any works of improvement for 
navigation or flood control not heretofore or herein 
authorized, shall be submitted to the Congress only upon 
compliance with the provisions of this paragraph (a). 
Investigations which form the basis of any such plans, 
proposals, or reports shall be conducted in such a manner as to 
give to the affected State or States, during the course of the 
investigations, information developed by the investigations and 
also opportunity for consultation regarding plans and 
proposals, and, to the extent deemed practicable by the Chief 
of Engineers, opportunity to cooperate in the investigations. 
If such investigations in whole or part are concerned with the 
use or control of waters arising west of the ninety-seventh 
meridian, the Chief of Engineers shall give to the Secretary of 
the Interior, during the course of the investigations, 
information developed by the investigations and also 
opportunity for consultation regarding plans and proposals, and 
to the extent deemed practicable by the Chief of Engineers, 
opportunity to cooperate in the investigations. The relations 
of the Chief of Engineers with any State under this paragraph 
(a) shall be with the Governor of the State or such official or 
agency of the State as the Governor may designate. The term 
``affected State or States'' shall include those in which the 
works or any part thereof are proposed to be located; those 
which in whole or part are both within the drainage basin 
involved and situated in a State lying wholly or in part west 
of the ninety-eighth meridian; and such of those which are east 
of the ninety-eighth meridian as, in the judgment of the Chief 
of Engineers, will be substantially affected. Such plans, 
proposals, or reports and related investigations shall be made 
to the end, among other things, of facilitating the 
coordination of plans for the construction and operation of the 
proposed works with other plans involving the waters which 
would be used or controlled by such proposed works. Each report 
submitting any such plans or proposals to the Congress shall 
set out therein, among other things, the relationship between 
the plans for construction and operation of the proposed works 
and the plans, if any, submitted by the affected States and by 
the Secretary of the Interior. The Chief of Engineers shall 
transmit a copy of his proposed report to each affected State, 
and, in case the plans or proposals covered by the report are 
concerned with the use or control of waters which rise in whole 
or in part west of the ninety-seventh meridian, to the 
Secretary of the Interior. Within 30 days from the date of 
receipt of said proposed report, the written views and 
recommendations of each affected State and of the Secretary of 
the Interior may be submitted to the Chief of Engineers. The 
Secretary of the Army shall transmit to the Congress, with such 
comments and recommendations as he deems appropriate, the 
proposed report together with the submitted views and 
recommendations of affected States and of the Secretary of the 
Interior. The Secretary of the Army may prepare and make said 
transmittal any time following said 30-day period. The letter 
of transmittal and its attachments shall be printed as a House 
or Senate document and shall be made publicly available.
  (b) The use for navigation, in connection with the operation 
and maintenance of such works herein authorized for 
construction, of waters arising in States lying wholly or 
partly west of the ninety-eighth meridian shall be only such 
use as does not conflict with any beneficial consumptive use, 
present or future, in States lying wholly or partly west of the 
ninety-eighth meridian, of such waters for domestic, municipal, 
stock water, irrigation, mining, or industrial purposes.
  (c) The Secretary of the Interior, in making investigations 
of and reports on works for irrigation and purposes incidental 
thereto shall, in relation to an affected State or States (as 
defined in paragraph (a) of this section), and to the Secretary 
of the Army, be subject to the same provisions regarding 
investigations, plans, proposals, and reports as prescribed in 
paragraph (a) of this section for the Chief of Engineers and 
the Secretary of the Army. In the event a submission of views 
and recommendations, made by an affected State or by the 
Secretary of the Army pursuant to said provisions, sets forth 
objections to the plans or proposals covered by the report of 
the Secretary of the Interior, the proposed works shall not be 
deemed authorized except upon approval by an Act of Congress; 
and section 9 (a) of the Reclamation Project Act of 1939 (53 
Stat. 1187) and subsection 3 (a) of the Act of August 11, 1939 
(53 Stat. 1418), as amended, are hereby amended accordingly.

           *       *       *       *       *       *       *

                              ----------                              

WATER RESOURCES DEVELOPMENT ACT OF 1992

           *       *       *       *       *       *       *

TITLE II--GENERALLY APPLICABLE PROVISIONS

           *       *       *       *       *       *       *

SEC. 213. USE OF DOMESTIC PRODUCTS.

  (a) Compliance With Buy American Act.--
          (1) In general.--Except as provided in paragraph (2), 
        the Secretary shall ensure that procurements with funds 
        appropriated to carry out this Act are conducted in 
        compliance with sections 2 through 4 of the Act of 
        March 3, 1933 (41 U.S.C. 10a-l0c), popularly known as 
        the ``Buy American Act''.
          (2) Limitation on applicability.--This subsection 
        shall apply only to procurements made for which--
                  (A) amounts are authorized by this Act to be 
                made available; and
                  (B) solicitations for bids are issued after 
                the date of the enactment of this Act.
          (3) Reports.--The Secretary shall report to Congress 
        on procurements covered under this subsection of 
        products that are not domestic products.
          (4) Annual report on purchase of foreign manufactured 
        articles.--
                  (A) In general.--Not later than 90 days after 
                the last day of each fiscal year, the Secretary 
                shall submit to Congress a report on the amount 
                of acquisitions in such fiscal year made by the 
                Corps of Engineers for civil works projects 
                from entities that manufactured the articles, 
                materials, or supplies outside of the United 
                States.
                  (B) Contents.--The report required under 
                subparagraph (A) shall indicate, for each 
                acquisition--
                          (i) the dollar value of any articles, 
                        materials, or supplies purchased that 
                        were manufactured outside of the United 
                        States; and
                          (ii) a summary of the total 
                        procurement funds spent on goods 
                        manufactured in the United States and 
                        the total procurement funds spent on 
                        goods manufactured outside of the 
                        United States.
                  (C) Public availability.--Not later than 30 
                days after the submission of a report under 
                subparagraph (A), the Secretary shall make such 
                report publicly available on the agency's Web 
                site.
  (b) Definitions.--For the purposes of this section, the term 
"domestic product" means a product--
          (1) that is manufactured or produced in the United 
        States; and
          (2) at least 50 percent of the cost of the articles, 
        materials, or supplies of which are mined, produced, or 
        manufactured in the United States.

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     TITLE IV--INFRASTRUCTURE TECHNOLOGY, RESEARCH AND DEVELOPMENT

SEC. 401. INTERNATIONAL OUTREACH PROGRAM.

  [(a) In General.--The Secretary is authorized to engage in 
activities to inform the United States maritime industry and 
port authorities of technological innovations abroad that could 
significantly improve waterborne transportation in the United 
States, both inland and deep draft. Such activities may 
include--
          [(1) development, monitoring, assessment, and 
        dissemination of information about foreign water 
        transportation and port facilities that could 
        significantly improve water transportation in the 
        United States;
          [(2) research, development, training, and other forms 
        of technology transfer and exchange; and
          [(3) offering technical services which cannot be 
        readily obtained in the private sector to be 
        incorporated in the proposals of port authorities or 
        other water transportation developers if the costs for 
        assistance will be recovered under the terms of each 
        project.]
  (a) Authorization.--
          (1) In general.--The Secretary may engage in 
        activities to inform the United States of technological 
        innovations abroad that could significantly improve 
        water resources development in the United States.
          (2) Inclusions.--Activities under paragraph (1) may 
        include--
                  (A) development, monitoring, assessment, and 
                dissemination of information about foreign 
                water resources projects that could 
                significantly improve water resources 
                development in the United States;
                  (B) research, development, training, and 
                other forms of technology transfer and 
                exchange; and
                  (C) offering technical services that cannot 
                be readily obtained in the private sector to be 
                incorporated into water resources projects if 
                the costs for assistance will be recovered 
                under the terms of each project.
  (b) Cooperation.--The Secretary may carry out the provisions 
of this section in cooperation with Federal departments and 
agencies, State and local agencies, authorities, institutions, 
corporations (profit or nonprofit), foreign governments, or 
other organizations.
  (c) Funding.--The funds to carry out the provisions of this 
section shall include funds deposited in a special account with 
the Secretary of the Treasury for such purposes by any 
cooperating entity or organization according to cost-sharing 
agreements proscribed by the Secretary. Reimbursement for 
services provided under this section shall be credited to the 
appropriation concerned.

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                              ----------                              

WATER RESOURCES DEVELOPMENT ACT OF 1988

           *       *       *       *       *       *       *

SEC. 38. DECLARATION OF NONNAVIGABILITY FOR PORTIONS OF THE DELAWARE 
                    RIVER.

  (a) Area To Be Declared Non-Navigable; Public Interest.--
Unless the Secretary finds, after consultation with local and 
regionalpublic officials (including local and regional public 
planning organizations), that the proposed projects in 
Philadelphia, Pennsylvania, to be undertaken within the 
boundaries described below,are not in the public interest then, 
subject to subsections (b) and (c) of this section, those 
portions of the Delaware River, bounded anddescribed as 
follows, are declared to be non-navigable waters of theUnited 
States:
          (1) Liberty Landing.--[Omitted]
          (2) Marina Towers and World Trade Center-Pier 25 
        North.--[Omitted]
          (3) Marine Trade Center-Pier 24 North.--[Omitted]
          (4) National Sugar Company ``Sugar House''.--
        [Omitted]
          (5) Rivercenter.--[Omitted]
  (b)  Limits on Applicability; Regulatory Requirement.--The 
declaration under subsection (a) shall apply only to those 
parts of the areas described in subsection (a) of this section 
which are or will be bulk headed and filled or otherwise 
occupied by permanent structures, including marina facilities. 
All such work is subject to all applicable Federal statutes and 
regulations, including, but not necessarily limited to, 
sections 9 and 10 of the Act of March 3, 1899 (30 Stat. 1151; 
33 U.S.C. 401 and 403), commonly known as the River and Harbors 
Appropriation Act of 1899, section 404 of the Federal Water 
Pollution Control Act, and the National Environmental Policy 
Act of 1969.
  (c) Expiration Date.--If, 20 years from the date of the 
enactment of this Act, any area or part thereof described in 
subsection (a) [(except 30 years from such date of enactment, 
in the case of the area or any part thereof described in 
subsection (a)(5))] is not bulk headed or filled or occupied by 
permanent structures, including marina facilities, in 
accordance with the requirements set out in subsection (b) of 
this section, or if work in connection with any activity 
permitted in subsection (b) is not commenced within 5 years 
after issuance of such permits, then the declaration of non-
navigability for such area or part thereof shall expire. 
Notwithstanding the preceding sentence, the declaration of 
nonnavigability for the area described in subsection (a)(5), or 
any part thereof, shall not expire.

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