PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1193 

Public Law 113–121 

113th Congress 

An Act 

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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Water 

Resources Reform and Development Act of 2014’’. 

(b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—PROGRAM REFORMS AND STREAMLINING 

Sec. 1001. Vertical integration and acceleration of studies. 

Sec. 1002. Consolidation of studies. 

Sec. 1003. Expedited completion of reports. 

Sec. 1004. Removal of duplicative analyses. 

Sec. 1005. Project acceleration. 

Sec. 1006. Expediting the evaluation and processing of permits. 

Sec. 1007. Expediting approval of modifications and alterations of projects by nonFederal interests. 

Sec. 1008. Expediting hydropower at Corps of Engineers facilities. 

Sec. 1009. Enhanced use of electronic commerce in Federal procurement. 

Sec. 1010. Determination of project completion. 

Sec. 1011. Prioritization. 

Sec. 1012. Transparency in accounting and administrative expenses. 

Sec. 1013. Evaluation of project Partnership Agreements. 

Sec. 1014. Study and construction of water resources development projects by nonFederal interests. 

Sec. 1015. Contributions by non-Federal interests. 

Sec. 1016. Operation and maintenance of certain projects. 

Sec. 1017. Acceptance of contributed funds to increase lock operations. 

Sec. 1018. Credit for in-kind contributions. 

Sec. 1019. Clarification of in-kind credit authority. 

Sec. 1020. Transfer of excess credit. 

Sec. 1021. Crediting authority for federally authorized navigation projects. 

Sec. 1022. Credit in lieu of reimbursement. 

Sec. 1023. Additional contributions by non-Federal interests. 

Sec. 1024. Authority to accept and use materials and services. 

Sec. 1025. Water resources projects on Federal land. 

Sec. 1026. Clarification of impacts to other Federal facilities. 

Sec. 1027. Clarification of munition disposal authorities. 

Sec. 1028. Clarification of mitigation authority. 

Sec. 1029. Clarification of interagency support authorities. 

Sec. 1030. Continuing authority. 

Sec. 1031. Tribal partnership program. 

Sec. 1032. Territories of the United States. 

Sec. 1033. Corrosion prevention. 

Sec. 1034. Advanced modeling technologies. 

Sec. 1035. Recreational access. 

Sec. 1036. Non-Federal plans to provide additional flood risk reduction. 

33 USC 2201 

note. 

June 10, 2014 

[H.R. 3080] 


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128 STAT. 1194 PUBLIC LAW 113–121—JUNE 10, 2014 

Sec. 1037. Hurricane and storm damage reduction. 

Sec. 1038. Reduction of Federal costs for hurricane and storm damage reduction 

projects. 

Sec. 1039. Invasive species. 

Sec. 1040. Fish and wildlife mitigation. 

Sec. 1041. Mitigation status report. 

Sec. 1042. Reports to Congress. 

Sec. 1043. Non-Federal implementation pilot program. 

Sec. 1044. Independent peer review. 

Sec. 1045. Report on surface elevations at drought affected lakes. 

Sec. 1046. Reservoir operations and water supply. 

Sec. 1047. Special use permits. 

Sec. 1048. America the Beautiful National Parks and Federal Recreational Lands 

Pass program. 

Sec. 1049. Applicability of spill prevention, control, and countermeasure rule. 

Sec. 1050. Namings. 

Sec. 1051. Interstate water agreements and compacts. 

Sec. 1052. Sense of Congress regarding water resources development bills. 

TITLE II—NAVIGATION 

Subtitle A—Inland Waterways 

Sec. 2001. Definitions. 

Sec. 2002. Project delivery process reforms. 

Sec. 2003. Efficiency of revenue collection. 

Sec. 2004. Inland waterways revenue studies. 

Sec. 2005. Inland waterways stakeholder roundtable. 

Sec. 2006. Preserving the Inland Waterway Trust Fund. 

Sec. 2007. Inland waterways oversight. 

Sec. 2008. Assessment of operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway. 

Sec. 2009. Inland waterways riverbank stabilization. 

Sec. 2010. Upper Mississippi River protection. 

Sec. 2011. Corps of Engineers lock and dam energy development. 

Sec. 2012. Restricted areas at Corps of Engineers dams. 

Sec. 2013. Operation and maintenance of fuel taxed inland waterways. 

Subtitle B—Port and Harbor Maintenance 

Sec. 2101. Funding for harbor maintenance programs. 

Sec. 2102. Operation and maintenance of harbor projects. 

Sec. 2103. Consolidation of deep draft navigation expertise. 

Sec. 2104. Remote and subsistence harbors. 

Sec. 2105. Arctic deep draft port development partnerships. 

Sec. 2106. Additional measures at donor ports and energy transfer ports. 

Sec. 2107. Preserving United States harbors. 

TITLE III—SAFETY IMPROVEMENTS AND ADDRESSING EXTREME 

WEATHER EVENTS 

Subtitle A—Dam Safety 

Sec. 3001. Dam Safety. 

Subtitle B—Levee Safety 

Sec. 3011. Systemwide improvement framework. 

Sec. 3012. Management of flood risk reduction projects. 

Sec. 3013. Vegetation management policy. 

Sec. 3014. Levee certifications. 

Sec. 3015. Planning assistance to States. 

Sec. 3016. Levee safety. 

Sec. 3017. Rehabilitation of existing levees. 

Subtitle C—Additional Safety Improvements and Risk Reduction Measures 

Sec. 3021. Use of innovative materials. 

Sec. 3022. Durability, sustainability, and resilience. 

Sec. 3023. Study on risk reduction. 

Sec. 3024. Management of flood, drought, and storm damage. 

Sec. 3025. Post-disaster watershed assessments. 

Sec. 3026. Hurricane and storm damage reduction study. 

Sec. 3027. Emergency communication of risk. 

Sec. 3028. Safety assurance review. 

Sec. 3029. Emergency response to natural disasters. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1195 

TITLE IV—RIVER BASINS AND COASTAL AREAS 

Sec. 4001. River basin commissions. 

Sec. 4002. Mississippi River. 

Sec. 4003. Missouri River. 

Sec. 4004. Arkansas River. 

Sec. 4005. Columbia Basin. 

Sec. 4006. Rio Grande. 

Sec. 4007. Northern Rockies headwaters. 

Sec. 4008. Rural Western water. 

Sec. 4009. North Atlantic Coastal Region. 

Sec. 4010. Chesapeake Bay. 

Sec. 4011. Louisiana coastal area. 

Sec. 4012. Red River Basin. 

Sec. 4013. Technical corrections. 

Sec. 4014. Ocean and coastal resiliency. 

TITLE V—WATER INFRASTRUCTURE FINANCING 

Subtitle A—State Water Pollution Control Revolving Funds 

Sec. 5001. General authority for capitalization grants. 

Sec. 5002. Capitalization grant agreements. 

Sec. 5003. Water pollution control revolving loan funds. 

Sec. 5004. Requirements. 

Sec. 5005. Report on the allotment of funds. 

Sec. 5006. Effective date. 

Subtitle B—General Provisions 

Sec. 5011. Watershed pilot projects. 

Sec. 5012. Definition of treatment works. 

Sec. 5013. Funding for Indian programs. 

Sec. 5014. Water infrastructure public-private partnership pilot program. 

Subtitle C—Innovative Financing Pilot Projects 

Sec. 5021. Short title. 

Sec. 5022. Definitions. 

Sec. 5023. Authority to provide assistance. 

Sec. 5024. Applications. 

Sec. 5025. Eligible entities. 

Sec. 5026. Projects eligible for assistance. 

Sec. 5027. Activities eligible for assistance. 

Sec. 5028. Determination of eligibility and project selection. 

Sec. 5029. Secured loans. 

Sec. 5030. Program administration. 

Sec. 5031. State, tribal, and local permits. 

Sec. 5032. Regulations. 

Sec. 5033. Funding. 

Sec. 5034. Reports on pilot program implementation. 

Sec. 5035. Requirements. 

TITLE VI—DEAUTHORIZATION AND BACKLOG PREVENTION 

Sec. 6001. Deauthorization of inactive projects. 

Sec. 6002. Review of Corps of Engineers assets. 

Sec. 6003. Backlog prevention. 

Sec. 6004. Deauthorizations. 

Sec. 6005. Land conveyances. 

TITLE VII—WATER RESOURCES INFRASTRUCTURE 

Sec. 7001. Annual report to Congress. 

Sec. 7002. Authorization of final feasibility studies. 

Sec. 7003. Authorization of project modifications recommended by the Secretary. 

Sec. 7004. Expedited consideration in the House and Senate. 

SEC. 2. DEFINITION OF SECRETARY. 

In this Act, the term ‘‘Secretary’’ means the Secretary of the 

Army. 

33 USC 2201 

note. 


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128 STAT. 1196 PUBLIC LAW 113–121—JUNE 10, 2014 

TITLE I—PROGRAM REFORMS AND 

STREAMLINING 

SEC. 1001. VERTICAL INTEGRATION AND ACCELERATION OF STUDIES. 

(a) IN GENERAL.—To the extent practicable, a feasibility study 

initiated by the Secretary, after the date of enactment of this 

Act, under section 905(a) of the Water Resources Development 

Act of 1986 (33 U.S.C. 2282(a)) shall— 

(1) result in the completion of a final feasibility report 

not later than 3 years after the date of initiation; (2) have a maximum Federal cost of $3,000,000; and 

(3) ensure that personnel from the district, division, and 

headquarters levels of the Corps of Engineers concurrently 

conduct the review required under that section. 

(b) EXTENSION.—If the Secretary determines that a feasibility 

study described in subsection (a) will not be conducted in accordance 

with subsection (a), the Secretary, not later than 30 days after 

the date of making the determination, shall— 

(1) prepare an updated feasibility study schedule and cost 

estimate; 

(2) notify the non-Federal feasibility cost-sharing partner 

that the feasibility study has been delayed; and 

(3) 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 as to the reasons the requirements of subsection (a) are 

not attainable. 

(c) TERMINATION OF AUTHORIZATION.—A feasibility study for 

which the Secretary has issued a determination under subsection 

(b) is not authorized after the last day of the 1-year period beginning 

on the date of the determination if the Secretary has not completed 

the study on or before such last day. 

(d) EXCEPTION.— (1) IN GENERAL.—Notwithstanding the requirements of subsection (c), the Secretary may extend the timeline of a study 

by a period not to exceed 3 years, if the Secretary determines 

that the feasibility study is too complex to comply with the 

requirements of subsections (a) and (c). 

(2) FACTORS.—In making a determination that a study 

is too complex to comply with the requirements of subsections 

(a) and (c), the Secretary shall consider— 

(A) the type, size, location, scope, and overall cost 

of the project; 

(B) whether the project will use any innovative design 

or construction techniques; 

(C) whether the project will require significant action 

by other Federal, State, or local agencies; 

(D) whether there is significant public dispute as to 

the nature or effects of the project; and 

(E) whether there is significant public dispute as to 

the economic or environmental costs or benefits of the 

project. 

(3) NOTIFICATION.—Each time the Secretary makes a determination under this subsection, the Secretary shall provide 

written notice to the Committee on Environment and Public 

Works of the Senate and the Committee on Transportation 

Time period. 

Determination. 

Time period. 

Notification. 

Cost estimate. 

Determination. 

Deadline. 

Reports. 

Deadline. 

33 USC 2282c. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1197 

and Infrastructure of the House of Representatives as to the 

results of that determination, including an identification of 

the specific 1 or more factors used in making the determination 

that the project is complex. 

(4) LIMITATION.—The Secretary shall not extend the 

timeline for a feasibility study for a period of more than 7 

years, and any feasibility study that is not completed before 

that date shall no longer be authorized. 

(e) REVIEWS.—Not later than 90 days after the date of the 

initiation of a study described in subsection (a) for a project, the 

Secretary shall— 

(1) take all steps necessary to initiate the process for completing federally mandated reviews that the Secretary is 

required to complete as part of the study, including the environmental review process under section 1005; 

(2) convene a meeting of all Federal, tribal, and State 

agencies identified under section 2045(e) of the Water Resources 

Development Act of 2007 (33 U.S.C. 2348(e)) that may be 

required by law to conduct or issue a review, analysis, or 

opinion on or to make a determination concerning a permit 

or license for the study; and 

(3) take all steps necessary to provide information that 

will enable required reviews and analyses related to the project 

to be conducted by other agencies in a thorough and timely 

manner. 

(f) INTERIM REPORT.—Not later than 18 months after 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 publicly available a report that 

describes— 

(1) the status of the implementation of the planning process 

under this section, including the number of participating 

projects; 

(2) a review of project delivery schedules, including a 

description of any delays on those studies participating in the 

planning process under this section; and 

(3) any recommendations for additional authority necessary 

to support efforts to expedite the feasibility study process for 

water resource projects. 

(g) FINAL REPORT.—Not later than 4 years after 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 publicly available a report that describes— 

(1) the status of the implementation of this section, 

including a description of each feasibility study subject to the 

requirements of this section; 

(2) the amount of time taken to complete each feasibility 

study; and 

(3) any recommendations for additional authority necessary 

to support efforts to expedite the feasibility study process, 

including an analysis of whether the limitation established 

by subsection (a)(2) needs to be adjusted to address the impacts 

of inflation. 

Public 

information. 

Public 

information. 

Meeting. 

Deadline. 


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128 STAT. 1198 PUBLIC LAW 113–121—JUNE 10, 2014 

SEC. 1002. CONSOLIDATION OF STUDIES. 

(a) IN GENERAL.— 

(1) REPEAL.—Section 905(b) of the Water Resources 

Development Act of 1986 (33 U.S.C. 2282(b)) is repealed. 

(2) CONFORMING AMENDMENT.—Section 905(a)(1) of the 

Water Resources Development Act of 1986 (33 U.S.C. 

2282(a)(1)) is amended by striking ‘‘perform a reconnaissance 

study and’’. 

(b) CONTENTS OF FEASIBILITY REPORTS.—Section 905(a)(2) of 

the Water Resources Development Act of 1986 (33 U.S.C. 2282(a)(2)) 

is amended by adding at the end the following: ‘‘A feasibility report 

shall include a preliminary analysis of the Federal interest and 

the costs, benefits, and environmental impacts of the project.’’. 

(c) FEASIBILITY STUDIES.—Section 905 of the Water Resources 

Development Act of 1986 (33 U.S.C. 2282) is amended by adding 

at the end the following: 

‘‘(g) DETAILED PROJECT SCHEDULE.— 

‘‘(1) IN GENERAL.—Not later than 180 days after the date 

of enactment of this subsection, the Secretary shall determine 

a set of milestones needed for the completion of a feasibility 

study under this subsection, including all major actions, report 

submissions and responses, reviews, and comment periods. 

‘‘(2) DETAILED PROJECT SCHEDULE MILESTONES.—Each District Engineer shall, to the maximum extent practicable, establish a detailed project schedule, based on full funding capability, 

that lists all deadlines for milestones relating to feasibility 

studies in the District developed by the Secretary under paragraph (1). 

‘‘(3) NON-FEDERAL INTEREST NOTIFICATION.—Each District 

Engineer shall submit by certified mail the detailed project 

schedule under paragraph (2) to each relevant non-Federal 

interest— 

‘‘(A) for projects that have received funding from the 

General Investigations Account of the Corps of Engineers 

in the period beginning on October 1, 2009, and ending 

on the date of enactment of this subsection, not later than 

180 days after the establishment of milestones under paragraph (1); and 

‘‘(B) for projects for which a feasibility cost-sharing 

agreement is executed after the establishment of milestones 

under paragraph (1), not later than 90 days after the 

date on which the agreement is executed. 

‘‘(4) CONGRESSIONAL AND PUBLIC NOTIFICATION.—Beginning 

in the first full fiscal year after the date of enactment of 

this subsection, the Secretary shall— 

‘‘(A) submit an annual report that lists all detailed 

project schedules under paragraph (2) and an explanation 

of any missed deadlines 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) make publicly available, including on the Internet, 

a copy of the annual report described in subparagraph 

(A) not later than 14 days after date on which a report 

is submitted to Congress. 

Public 

information. 

Web posting. 

Records. 

Deadline. 

Reports. 

Effective date. 

Time period. 

Deadlines. 

Certified mail. 

Deadline. 

Determination. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1199 

‘‘(5) FAILURE TO ACT.—If a District Engineer fails to meet 

any of the deadlines in the project schedule under paragraph 

(2), the District Engineer shall— 

‘‘(A) not later than 30 days after each missed deadline, 

submit to the non-Federal interest a report detailing— 

‘‘(i) why the District Engineer failed to meet the 

deadline; and 

‘‘(ii) a revised project schedule reflecting amended 

deadlines for the feasibility study; and 

‘‘(B) not later than 30 days after each missed deadline, 

make publicly available, including on the Internet, a copy 

of the amended project schedule described in subparagraph 

(A)(ii).’’. 

(d) APPLICABILITY.—The Secretary shall continue to carry out 

a study for which a reconnaissance level investigation has been 

initiated before the date of enactment of this Act as if this section, 

including the amendments made by this section, had not been 

enacted. 

SEC. 1003. EXPEDITED COMPLETION OF REPORTS. 

The Secretary shall— 

(1) expedite the completion of any on-going feasibility study 

for a project initiated before the date of enactment of this 

Act; and 

(2) if the Secretary determines that the project is justified 

in a completed report, proceed directly to preconstruction planning, engineering, and design of the project in accordance with 

section 910 of the Water Resources Development Act of 1986 

(33 U.S.C. 2287). 

SEC. 1004. REMOVAL OF DUPLICATIVE ANALYSES. 

Section 911 of the Water Resources Development Act of 1986 

(33 U.S.C. 2288) is repealed. 

SEC. 1005. PROJECT ACCELERATION. 

(a) PROJECT ACCELERATION.— (1) AMENDMENT.—Section 2045 of the Water Resources 

Development Act of 2007 (33 U.S.C. 2348) is amended to read 

as follows: 

‘‘SEC. 2045. PROJECT ACCELERATION. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) ENVIRONMENTAL IMPACT STATEMENT.—The term 

‘environmental impact statement’ means the detailed statement 

of environmental impacts of a project required to be prepared 

pursuant to the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.). 

‘‘(2) ENVIRONMENTAL REVIEW PROCESS.— 

‘‘(A) IN GENERAL.—The term ‘environmental review 

process’ means the process of preparing an environmental 

impact statement, environmental assessment, categorical 

exclusion, or other document under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for 

a project study. 

‘‘(B) INCLUSIONS.—The term ‘environmental review 

process’ includes the process for and completion of any 

environmental permit, approval, review, or study required 

for a project study under any Federal law other than the 

Determination. 

33 USC 2282 

note. 

33 USC 2282 

note. 

Public 

information. 

Web posting. 

Records. 

Deadlines. 

Reports. 


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128 STAT. 1200 PUBLIC LAW 113–121—JUNE 10, 2014 

National Environmental Policy Act of 1969 (42 U.S.C. 4321 

et seq.). 

‘‘(3) FEDERAL JURISDICTIONAL AGENCY.—The term ‘Federal 

jurisdictional agency’ means a Federal agency with jurisdiction 

delegated by law, regulation, order, or otherwise over a review, 

analysis, opinion, statement, permit, license, or other approval 

or decision required for a project study under applicable Federal 

laws (including regulations). 

‘‘(4) FEDERAL LEAD AGENCY.—The term ‘Federal lead 

agency’ means the Corps of Engineers. 

‘‘(5) PROJECT.—The term ‘project’ means a water resources 

development project to be carried out by the Secretary. 

‘‘(6) PROJECT SPONSOR.—The term ‘project sponsor’ has the 

meaning given the term ‘non-Federal interest’ in section 221(b) 

of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)). 

‘‘(7) PROJECT STUDY.—The term ‘project study’ means a 

feasibility study for a project carried out pursuant to section 

905 of the Water Resources Development Act of 1986 (33 U.S.C. 

2282). 

‘‘(b) APPLICABILITY.— 

‘‘(1) IN GENERAL.—This section— 

‘‘(A) shall apply to each project study that is initiated 

after the date of enactment of the Water Resources Reform 

and Development Act of 2014 and for which an environmental impact statement is prepared under the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); 

and 

‘‘(B) may be applied, to the extent determined appropriate by the Secretary, to other project studies initiated 

after such date of enactment and for which an environmental review process document is prepared under that 

Act. 

‘‘(2) FLEXIBILITY.—Any authority granted under this section 

may be exercised, and any requirement established under this 

section may be satisfied, for the conduct of an environmental 

review process for a project study, a class of project studies, 

or a program of project studies. 

‘‘(3) LIST OF PROJECT STUDIES.— 

‘‘(A) IN GENERAL.—The Secretary shall annually prepare, and make publicly available, a separate list of each 

study that the Secretary has determined— 

‘‘(i) meets the standards described in paragraph 

(1); and 

‘‘(ii) does not have adequate funding to make 

substantial progress toward the completion of the 

project study. 

‘‘(B) INCLUSIONS.—The Secretary shall include for each 

project study on the list under subparagraph (A) a description of the estimated amounts necessary to make substantial progress on the project study. 

‘‘(c) PROJECT REVIEW PROCESS.— ‘‘(1) IN GENERAL.—The Secretary shall develop and implement a coordinated environmental review process for the 

development of project studies. 

‘‘(2) COORDINATED REVIEW.—The coordinated environmental review process described in paragraph (1) shall require 

that any review, analysis, opinion, statement, permit, license, 

Deadline. 

Public 

information. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1201 

or other approval or decision issued or made by a Federal, 

State, or local governmental agency or an Indian tribe for 

a project study described in subsection (b) be conducted, to 

the maximum extent practicable, concurrently with any other 

applicable governmental agency or Indian tribe. 

‘‘(3) TIMING.—The coordinated environmental review 

process under this subsection shall be completed not later than 

the date on which the Secretary, in consultation and concurrence with the agencies identified under subsection (e), establishes with respect to the project study. 

‘‘(d) LEAD AGENCIES.— ‘‘(1) JOINT LEAD AGENCIES.— ‘‘(A) IN GENERAL.—At the discretion of the Secretary 

and subject to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 

the requirements of section 1506.8 of title 40, Code of 

Federal Regulations (or successor regulations), including 

the concurrence of the proposed joint lead agency, a project 

sponsor may serve as the joint lead agency. 

‘‘(B) PROJECT SPONSOR AS JOINT LEAD AGENCY.—A 

project sponsor that is a State or local governmental entity 

may— 

‘‘(i) with the concurrence of the Secretary, serve 

as a joint lead agency with the Federal lead agency 

for purposes of preparing any environmental document 

under the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.); and 

‘‘(ii) prepare any environmental review process 

document under the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321 et seq.) required in support 

of any action or approval by the Secretary if— 

‘‘(I) the Secretary provides guidance in the 

preparation process and independently evaluates 

that document; 

‘‘(II) the project sponsor complies with all 

requirements applicable to the Secretary under— 

‘‘(aa) the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321 et seq.); 

‘‘(bb) any regulation implementing that 

Act; and 

‘‘(cc) any other applicable Federal law; and 

‘‘(III) the Secretary approves and adopts the 

document before the Secretary takes any subsequent action or makes any approval based on that 

document, regardless of whether the action or 

approval of the Secretary results in Federal 

funding. 

‘‘(2) DUTIES.—The Secretary shall ensure that— 

‘‘(A) the project sponsor complies with all design and 

mitigation commitments made jointly by the Secretary and 

the project sponsor in any environmental document prepared by the project sponsor in accordance with this subsection; and 

‘‘(B) any environmental document prepared by the 

project sponsor is appropriately supplemented to address 

any changes to the project the Secretary determines are 

necessary. 

Deadline. 

Consultation. 


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128 STAT. 1202 PUBLIC LAW 113–121—JUNE 10, 2014 

‘‘(3) ADOPTION AND USE OF DOCUMENTS.—Any environmental document prepared in accordance with this subsection 

shall be adopted and used by any Federal agency making 

any determination related to the project study to the same 

extent that the Federal agency could adopt or use a document 

prepared by another Federal agency under— 

‘‘(A) the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.); and 

‘‘(B) parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regulations). 

‘‘(4) ROLES AND RESPONSIBILITY OF LEAD AGENCY.—With 

respect to the environmental review process for any project 

study, the Federal lead agency shall have authority and responsibility— 

‘‘(A) to take such actions as are necessary and proper 

and within the authority of the Federal lead agency to 

facilitate the expeditious resolution of the environmental 

review process for the project study; and 

‘‘(B) to prepare or ensure that any required environmental impact statement or other environmental review 

document for a project study required to be completed 

under the National Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.) is completed in accordance with this 

section and applicable Federal law. 

‘‘(e) PARTICIPATING AND COOPERATING AGENCIES.— 

‘‘(1) IDENTIFICATION OF JURISDICTIONAL AGENCIES.—With 

respect to carrying out the environmental review process for 

a project study, the Secretary shall identify, as early as practicable in the environmental review process, all Federal, State, 

and local government agencies and Indian tribes that may— 

‘‘(A) have jurisdiction over the project; 

‘‘(B) be required by law to conduct or issue a review, 

analysis, opinion, or statement for the project study; or 

‘‘(C) be required to make a determination on issuing 

a permit, license, or other approval or decision for the 

project study. 

‘‘(2) STATE AUTHORITY.—If the environmental review 

process is being implemented by the Secretary for a project 

study within the boundaries of a State, the State, consistent 

with State law, may choose to participate in the process and 

to make subject to the process all State agencies that— 

‘‘(A) have jurisdiction over the project; 

‘‘(B) are required to conduct or issue a review, analysis, 

opinion, or statement for the project study; or 

‘‘(C) are required to make a determination on issuing 

a permit, license, or other approval or decision for the 

project study. 

‘‘(3) INVITATION.— 

‘‘(A) IN GENERAL.—The Federal lead agency shall 

invite, as early as practicable in the environmental review 

process, any agency identified under paragraph (1) to 

become a participating or cooperating agency, as applicable, 

in the environmental review process for the project study. 

‘‘(B) DEADLINE.—An invitation to participate issued 

under subparagraph (A) shall set a deadline by which 

a response to the invitation shall be submitted, which 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1203 

may be extended by the Federal lead agency for good 

cause. 

‘‘(4) PROCEDURES.—Section 1501.6 of title 40, Code of Federal Regulations (as in effect on the date of enactment of 

the Water Resources Reform and Development Act of 2014) 

shall govern the identification and the participation of a cooperating agency. 

‘‘(5) FEDERAL COOPERATING AGENCIES.—Any Federal agency 

that is invited by the Federal lead agency to participate in 

the environmental review process for a project study shall 

be designated as a cooperating agency by the Federal lead 

agency unless the invited agency informs the Federal lead 

agency, in writing, by the deadline specified in the invitation 

that the invited agency— 

‘‘(A)(i)(I) has no jurisdiction or authority with respect 

to the project; 

‘‘(II) has no expertise or information relevant to 

the project; or 

‘‘(III) does not have adequate funds to participate 

in the project; and 

‘‘(ii) does not intend to submit comments on the project; 

or 

‘‘(B) does not intend to submit comments on the project. 

‘‘(6) ADMINISTRATION.—A participating or cooperating 

agency shall comply with this section and any schedule established under this section. 

‘‘(7) EFFECT OF DESIGNATION.—Designation as a participating or cooperating agency under this subsection shall not 

imply that the participating or cooperating agency— 

‘‘(A) supports a proposed project; or 

‘‘(B) has any jurisdiction over, or special expertise with 

respect to evaluation of, the project. 

‘‘(8) CONCURRENT REVIEWS.—Each participating or cooperating agency shall— 

‘‘(A) carry out the obligations of that agency under 

other applicable law concurrently and in conjunction with 

the required environmental review process, unless doing 

so would prevent the participating or cooperating agency 

from conducting needed analysis or otherwise carrying out 

those obligations; and 

‘‘(B) formulate and implement administrative, policy, 

and procedural mechanisms to enable the agency to ensure 

completion of the environmental review process in a timely, 

coordinated, and environmentally responsible manner. 

‘‘(f) PROGRAMMATIC COMPLIANCE.— 

‘‘(1) IN GENERAL.—The Secretary shall issue guidance 

regarding the use of programmatic approaches to carry out 

the environmental review process that— 

‘‘(A) eliminates repetitive discussions of the same 

issues; 

‘‘(B) focuses on the actual issues ripe for analyses at 

each level of review; 

‘‘(C) establishes a formal process for coordinating with 

participating and cooperating agencies, including the creation of a list of all data that is needed to carry out 

an environmental review process; and 

‘‘(D) complies with— 

Guidance. 


srobinson on DSKB307YQ1PROD with PUBLIC LAWS
128 STAT. 1204 PUBLIC LAW 113–121—JUNE 10, 2014 

‘‘(i) the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.); and 

‘‘(ii) all other applicable laws. 

‘‘(2) REQUIREMENTS.—In carrying out paragraph (1), the 

Secretary shall— 

‘‘(A) as the first step in drafting guidance under that 

paragraph, consult with relevant Federal, State, and local 

governmental agencies, Indian tribes, and the public on 

the appropriate use and scope of the programmatic 

approaches; 

‘‘(B) emphasize the importance of collaboration among 

relevant Federal, State, and local governmental agencies, 

and Indian tribes in undertaking programmatic reviews, 

especially with respect to including reviews with a broad 

geographical scope; 

‘‘(C) ensure that the programmatic reviews— 

‘‘(i) promote transparency, including of the analyses and data used in the environmental review 

process, the treatment of any deferred issues raised 

by Federal, State, and local governmental agencies, 

Indian tribes, or the public, and the temporal and 

special scales to be used to analyze those issues; 

‘‘(ii) use accurate and timely information in the 

environmental review process, including— 

‘‘(I) criteria for determining the general duration of the usefulness of the review; and 

‘‘(II) the timeline for updating any out-of-date 

review; 

‘‘(iii) describe— 

‘‘(I) the relationship between programmatic 

analysis and future tiered analysis; and 

‘‘(II) the role of the public in the creation of 

future tiered analysis; and 

‘‘(iv) are available to other relevant Federal, State, 

and local governmental agencies, Indian tribes, and 

the public; 

‘‘(D) allow not fewer than 60 days of public notice 

and comment on any proposed guidance; and 

‘‘(E) address any comments received under subparagraph (D). 

‘‘(g) COORDINATED REVIEWS.— 

‘‘(1) COORDINATION PLAN.— 

‘‘(A) ESTABLISHMENT.— 

‘‘(i) IN GENERAL.—The Federal lead agency shall, 

after consultation with and with the concurrence of 

each participating and cooperating agency and the 

project sponsor or joint lead agency, as applicable, 

establish a plan for coordinating public and agency 

participation in, and comment on, the environmental 

review process for a project study or a category of 

project studies. 

‘‘(ii) INCORPORATION.—The plan established under 

clause (i) shall be incorporated into the project schedule 

milestones set under section 905(g)(2) of the Water 

Resources Development Act of 1986 (33 U.S.C. 

2282(g)(2)). 

‘‘(B) SCHEDULE.— 

Consultation. 

Deadline. 

Public 

information. 

Consultation. 


srobinson on DSKB307YQ1PROD with PUBLIC LAWS
PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1205 

‘‘(i) IN GENERAL.—As soon as practicable but not 

later than 45 days after the close of the public comment 

period on a draft environmental impact statement, the 

Federal lead agency, after consultation with and the 

concurrence of each participating and cooperating 

agency and the project sponsor or joint lead agency, 

as applicable, shall establish, as part of the coordination plan established in subparagraph (A), a schedule 

for completion of the environmental review process 

for the project study. 

‘‘(ii) FACTORS FOR CONSIDERATION.—In establishing 

a schedule, the Secretary shall consider factors such 

as— 

‘‘(I) the responsibilities of participating and 

cooperating agencies under applicable laws; 

‘‘(II) the resources available to the project 

sponsor, joint lead agency, and other relevant Federal and State agencies, as applicable; 

‘‘(III) the overall size and complexity of the 

project; 

‘‘(IV) the overall schedule for and cost of the 

project; and 

‘‘(V) the sensitivity of the natural and historical resources that could be affected by the project. 

‘‘(iii) MODIFICATIONS.—The Secretary may— 

‘‘(I) lengthen a schedule established under 

clause (i) for good cause; and 

‘‘(II) shorten a schedule only with concurrence 

of the affected participating and cooperating agencies and the project sponsor or joint lead agency, 

as applicable. 

‘‘(iv) DISSEMINATION.—A copy of a schedule established under clause (i) shall be— 

‘‘(I) provided to each participating and cooperating agency and the project sponsor or joint lead 

agency, as applicable; and 

‘‘(II) made available to the public. 

‘‘(2) COMMENT DEADLINES.—The Federal lead agency shall 

establish the following deadlines for comment during the 

environmental review process for a project study: 

‘‘(A) DRAFT ENVIRONMENTAL IMPACT STATEMENTS.—For 

comments by Federal and States agencies and the public 

on a draft environmental impact statement, a period of 

not more than 60 days after publication in the Federal 

Register of notice of the date of public availability of the 

draft environmental impact statement, unless— 

‘‘(i) a different deadline is established by agreement of the Federal lead agency, the project sponsor 

or joint lead agency, as applicable, and all participating 

and cooperating agencies; or 

‘‘(ii) the deadline is extended by the Federal lead 

agency for good cause. 

‘‘(B) OTHER ENVIRONMENTAL REVIEW PROCESSES.—For 

all other comment periods established by the Federal lead 

agency for agency or public comments in the environmental 

review process, a period of not more than 30 days after 

Federal Register, 

publication. 

Notice. 

Time periods. 

Public 

information. 

Records. 

Deadline. 

Consultation. 


srobinson on DSKB307YQ1PROD with PUBLIC LAWS
128 STAT. 1206 PUBLIC LAW 113–121—JUNE 10, 2014 

the date on which the materials on which comment is 

requested are made available, unless— 

‘‘(i) a different deadline is established by agreement of the Federal lead agency, the project sponsor, 

or joint lead agency, as applicable, and all participating 

and cooperating agencies; or 

‘‘(ii) the deadline is extended by the Federal lead 

agency for good cause. 

‘‘(3) DEADLINES FOR DECISIONS UNDER OTHER LAWS.—In 

any case in which a decision under any Federal law relating 

to a project study, including the issuance or denial of a permit 

or license, is required to be made by the date described in 

subsection (h)(5)(B)(ii), 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) as soon as practicable after the 180-day period 

described in subsection (h)(5)(B)(ii), an initial notice of 

the failure of the Federal agency to make the decision; 

and 

‘‘(B) every 60 days thereafter until such date as all 

decisions of the Federal agency relating to the project study 

have been made by the Federal agency, an additional notice 

that describes the number of decisions of the Federal 

agency that remain outstanding as of the date of the additional notice. 

‘‘(4) INVOLVEMENT OF THE PUBLIC.—Nothing in this subsection reduces any time period provided for public comment 

in the environmental review process under applicable Federal 

law (including regulations). 

‘‘(5) TRANSPARENCY REPORTING.— 

‘‘(A) REPORTING REQUIREMENTS.—Not later than 1 year 

after the date of enactment of the Water Resources Reform 

and Development Act of 2014, the Secretary shall establish 

and maintain an electronic database and, in coordination 

with other Federal and State agencies, issue reporting 

requirements to make publicly available the status and 

progress with respect to compliance with applicable requirements of the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et. seq.) and any other Federal, State, 

or local approval or action required for a project study 

for which this section is applicable. 

‘‘(B) PROJECT STUDY TRANSPARENCY.—Consistent with 

the requirements established under subparagraph (A), the 

Secretary shall publish the status and progress of any 

Federal, State, or local decision, action, or approval 

required under applicable laws for each project study for 

which this section is applicable. 

‘‘(h) ISSUE IDENTIFICATION AND RESOLUTION.— 

‘‘(1) COOPERATION.—The Federal lead agency, the cooperating agencies, and any participating agencies shall work 

cooperatively in accordance with this section to identify and 

resolve issues that could delay completion of the environmental 

review process or result in the denial of any approval required 

for the project study under applicable laws. 

‘‘(2) FEDERAL LEAD AGENCY RESPONSIBILITIES.— 

Publication. 

Database. 

Public 

information. 

Notifications. 


srobinson on DSKB307YQ1PROD with PUBLIC LAWS
PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1207 

‘‘(A) IN GENERAL.—The Federal lead agency shall make 

information available to the cooperating agencies and 

participating agencies as early as practicable in the 

environmental review process regarding the environmental 

and socioeconomic resources located within the project area 

and the general locations of the alternatives under consideration. 

‘‘(B) DATA SOURCES.—The information under subparagraph (A) may be based on existing data sources, including 

geographic information systems mapping. 

‘‘(3) COOPERATING AND PARTICIPATING AGENCY RESPONSIBIL- ITIES.—Based on information received from the Federal lead 

agency, cooperating and participating agencies shall identify, 

as early as practicable, any issues of concern regarding the 

potential environmental or socioeconomic impacts of the project, 

including any issues that could substantially delay or prevent 

an agency from granting a permit or other approval that is 

needed for the project study. 

‘‘(4) ACCELERATED ISSUE RESOLUTION AND ELEVATION.— 

‘‘(A) IN GENERAL.—On the request of a participating 

or cooperating agency or project sponsor, the Secretary 

shall convene an issue resolution meeting with the relevant 

participating and cooperating agencies and the project 

sponsor or joint lead agency, as applicable, to resolve issues 

that may— 

‘‘(i) delay completion of the environmental review 

process; or 

‘‘(ii) result in denial of any approval required for 

the project study under applicable laws. 

‘‘(B) MEETING DATE.—A meeting requested under this 

paragraph shall be held not later than 21 days after the 

date on which the Secretary receives the request for the 

meeting, unless the Secretary determines that there is 

good cause to extend that deadline. 

‘‘(C) NOTIFICATION.—On receipt of a request for a 

meeting under this paragraph, the Secretary shall notify 

all relevant participating and cooperating agencies of the 

request, including the issue to be resolved and the date 

for the meeting. 

‘‘(D) ELEVATION OF ISSUE RESOLUTION.—If a resolution 

cannot be achieved within the 30 day-period beginning 

on the date of a meeting under this paragraph and a 

determination is made by the Secretary that all information 

necessary to resolve the issue has been obtained, the Secretary shall forward the dispute to the heads of the relevant 

agencies for resolution. 

‘‘(E) CONVENTION BY SECRETARY.—The Secretary may 

convene an issue resolution meeting under this paragraph 

at any time, at the discretion of the Secretary, regardless 

of whether a meeting is requested under subparagraph 

(A). 

‘‘(5) FINANCIAL PENALTY PROVISIONS.— 

‘‘(A) IN GENERAL.—A Federal jurisdictional agency shall 

complete any required approval or decision for the environmental review process on an expeditious basis using the 

shortest existing applicable process. 

‘‘(B) FAILURE TO DECIDE.— 

Time period. 

Deadline. 

Meeting. 


srobinson on DSKB307YQ1PROD with PUBLIC LAWS
128 STAT. 1208 PUBLIC LAW 113–121—JUNE 10, 2014 

‘‘(i) IN GENERAL.—If a Federal jurisdictional agency 

fails to render a decision required under any Federal 

law relating to a project study that requires the 

preparation of an environmental impact statement or 

environmental assessment, including the issuance or 

denial of a permit, license, statement, opinion, or other 

approval by the date described in clause (ii), the 

amount of funds made available to support the office 

of the head of the Federal jurisdictional agency shall 

be reduced by an amount of funding equal to the 

amounts specified in subclause (I) or (II) and those 

funds shall be made available to the division of the 

Federal jurisdictional agency charged with rendering 

the decision by not later than 1 day after the applicable 

date under clause (ii), and once each week thereafter 

until a final decision is rendered, subject to subparagraph (C)— 

‘‘(I) $20,000 for any project study requiring 

the preparation of an environmental assessment 

or environmental impact statement; or 

‘‘(II) $10,000 for any project study requiring 

any type of review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

other than an environmental assessment or 

environmental impact statement. 

‘‘(ii) DESCRIPTION OF DATE.—The date referred to 

in clause (i) is the later of— 

‘‘(I) the date that is 180 days after the date 

on which an application for the permit, license, 

or approval is complete; and 

‘‘(II) the date that is 180 days after the date 

on which the Federal lead agency issues a decision 

on the project under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

‘‘(C) LIMITATIONS.— ‘‘(i) IN GENERAL.—No transfer of funds under 

subparagraph (B) relating to an individual project 

study shall exceed, in any fiscal year, an amount equal 

to 1 percent of the funds made available for the 

applicable agency office. 

‘‘(ii) FAILURE TO DECIDE.—The total amount transferred in a fiscal year as a result of a failure by 

an agency to make a decision by an applicable deadline 

shall not exceed an amount equal to 5 percent of the 

funds made available for the applicable agency office 

for that fiscal year. 

‘‘(iii) AGGREGATE.—Notwithstanding any other 

provision of law, for each fiscal year, the aggregate 

amount of financial penalties assessed against each 

applicable agency office under the Water Resources 

Reform and Development Act of 2014 and any other 

Federal law as a result of a failure of the agency 

to make a decision by an applicable deadline for 

environmental review, including the total amount 

transferred under this paragraph, shall not exceed an 

amount equal to 9.5 percent of the funds made available for the agency office for that fiscal year. 

Time period. 

Deadline. 


srobinson on DSKB307YQ1PROD with PUBLIC LAWS
PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1209 

‘‘(D) NO FAULT OF AGENCY.— 

‘‘(i) IN GENERAL.—A transfer of funds under this 

paragraph shall not be made if the applicable agency 

described in subparagraph (A) notifies, with a supporting explanation, the Federal lead agency, cooperating agencies, and project sponsor, as applicable, 

that— 

‘‘(I) the agency has not received necessary 

information or approvals from another entity in 

a manner that affects the ability of the agency 

to meet any requirements under Federal, State, 

or local law; 

‘‘(II) significant new information, including 

from public comments, or circumstances, including 

a major modification to an aspect of the project, 

requires additional analysis for the agency to make 

a decision on the project application; or 

‘‘(III) the agency lacks the financial resources 

to complete the review under the scheduled time 

frame, including a description of the number of 

full-time employees required to complete the 

review, the amount of funding required to complete 

the review, and a justification as to why not 

enough funding is available to complete the review 

by the deadline. 

‘‘(ii) LACK OF FINANCIAL RESOURCES.—If the agency 

provides notice under clause (i)(III), the Inspector General of the agency shall— 

‘‘(I) conduct a financial audit to review the 

notice; and 

‘‘(II) not later than 90 days after the date 

on which the review described in subclause (I) 

is completed, 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 on the 

notice. 

‘‘(E) LIMITATION.—The Federal agency from which 

funds are transferred pursuant to this paragraph shall 

not reprogram funds to the office of the head of the agency, 

or equivalent office, to reimburse that office for the loss 

of the funds. 

‘‘(F) EFFECT OF PARAGRAPH.—Nothing in this paragraph affects or limits the application of, or obligation 

to comply with, any Federal, State, local, or tribal law. 

‘‘(i) MEMORANDUM OF AGREEMENTS FOR EARLY COORDINATION.— 

‘‘(1) SENSE OF CONGRESS.—It is the sense of Congress that— 

‘‘(A) the Secretary and other Federal agencies with 

relevant jurisdiction in the environmental review process 

should cooperate with each other, State agencies, and 

Indian tribes on environmental review and project delivery 

activities at the earliest practicable time to avoid delays 

and duplication of effort later in the process, prevent potential conflicts, and ensure that planning and project development decisions reflect environmental values; and 

Deadline. 

Reports. 

Audit. 


srobinson on DSKB307YQ1PROD with PUBLIC LAWS
128 STAT. 1210 PUBLIC LAW 113–121—JUNE 10, 2014 

‘‘(B) the cooperation referred to in subparagraph (A) 

should include the development of policies and the designation of staff that advise planning agencies and project 

sponsors of studies or other information foreseeably 

required for later Federal action and early consultation 

with appropriate State and local agencies and Indian tribes. 

‘‘(2) TECHNICAL ASSISTANCE.—If requested at any time by 

a State or project sponsor, the Secretary and other Federal 

agencies with relevant jurisdiction in the environmental review 

process, shall, to the maximum extent practicable and appropriate, as determined by the agencies, provide technical assistance to the State or project sponsor in carrying out early 

coordination activities. 

‘‘(3) MEMORANDUM OF AGENCY AGREEMENT.—If requested 

at any time by a State or project sponsor, the Federal lead 

agency, in consultation with other Federal agencies with relevant jurisdiction in the environmental review process, may 

establish memoranda of agreement with the project sponsor, 

Indian tribe, State and local governments, and other appropriate entities to carry out the early coordination activities, 

including providing technical assistance in identifying potential 

impacts and mitigation issues in an integrated fashion. 

‘‘(j) LIMITATIONS.—Nothing in this section preempts or interferes with— 

‘‘(1) any obligation to comply with the provisions of any 

Federal law, including— 

‘‘(A) the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.); and 

‘‘(B) any other Federal environmental law; 

‘‘(2) the reviewability of any final Federal agency action 

in a court of the United States or in the court of any State; 

‘‘(3) any requirement for seeking, considering, or responding 

to public comment; or 

‘‘(4) any power, jurisdiction, responsibility, duty, or 

authority that a Federal, State, or local governmental agency, 

Indian tribe, or project sponsor has with respect to carrying 

out a project or any other provision of law applicable to projects. 

‘‘(k) TIMING OF CLAIMS.— 

‘‘(1) TIMING.— 

‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, a claim arising under Federal law seeking 

judicial review of a permit, license, or other approval issued 

by a Federal agency for a project study shall be barred 

unless the claim is filed not later than 3 years after publication of a notice in the Federal Register announcing that 

the permit, license, or other approval is final pursuant 

to the law under which the agency action is taken, unless 

a shorter time is specified in the Federal law that allows 

judicial review. 

‘‘(B) APPLICABILITY.—Nothing in this subsection creates 

a right to judicial review or places any limit on filing 

a claim that a person has violated the terms of a permit, 

license, or other approval. 

‘‘(2) NEW INFORMATION.— 

‘‘(A) IN GENERAL.—The Secretary shall consider new 

information received after the close of a comment period 

Deadline. 

Consultation. 


srobinson on DSKB307YQ1PROD with PUBLIC LAWS
PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1211 

if the information satisfies the requirements for a supplemental environmental impact statement under title 40, 

Code of Federal Regulations (including successor regulations). 

‘‘(B) SEPARATE ACTION.—The preparation of a supplemental environmental impact statement or other environmental document, if required under this section, shall be 

considered a separate final agency action and the deadline 

for filing a claim for judicial review of the action shall 

be 3 years after the date of publication of a notice in 

the Federal Register announcing the action relating to 

such supplemental environmental impact statement or 

other environmental document. 

‘‘(l) CATEGORICAL EXCLUSIONS.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date 

of enactment of the Water Resources Reform and Development 

Act of 2014, the Secretary shall— 

‘‘(A) survey the use by the Corps of Engineers of categorical exclusions in projects since 2005; 

‘‘(B) publish a review of the survey that includes a 

description of— 

‘‘(i) the types of actions that were categorically 

excluded or could be the basis for developing a new 

categorical exclusion; and 

‘‘(ii) any requests previously received by the Secretary for new categorical exclusions; and 

‘‘(C) solicit requests from other Federal agencies and 

project sponsors for new categorical exclusions. 

‘‘(2) NEW CATEGORICAL EXCLUSIONS.—Not later than 1 year 

after the date of enactment of the Water Resources Reform 

and Development Act of 2014, if the Secretary has identified 

a category of activities that merit establishing a categorical 

exclusion that did not exist on the day before the date of 

enactment of the Water Resources Reform and Development 

Act of 2014 based on the review under paragraph (1), the 

Secretary shall publish a notice of proposed rulemaking to 

propose that new categorical exclusion, to the extent that the 

categorical exclusion meets the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (or successor regulation). 

‘‘(m) REVIEW OF PROJECT ACCELERATION REFORMS.— 

‘‘(1) IN GENERAL.—The Comptroller General of the United 

States shall— 

‘‘(A) assess the reforms carried out under this section; 

and 

‘‘(B) not later than 5 years and not later than 10 

years after the date of enactment of the Water Resources 

Reform and Development Act of 2014, 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 

the results of the assessment. 

‘‘(2) CONTENTS.—The reports under paragraph (1) shall 

include an evaluation of impacts of the reforms carried out 

under this section on— 

‘‘(A) project delivery; 

‘‘(B) compliance with environmental laws; and 

Evaluation. 

Deadlines. 

Reports. 

Deadline. 

Publication. 

Notice. 

Publication. 

Survey. 

Deadline. 

Deadline. 


srobinson on DSKB307YQ1PROD with PUBLIC LAWS
128 STAT. 1212 PUBLIC LAW 113–121—JUNE 10, 2014 

‘‘(C) the environmental impact of projects. 

‘‘(n) PERFORMANCE MEASUREMENT.—The Secretary shall establish a program to measure and report on progress made toward 

improving and expediting the planning and environmental review 

process. 

‘‘(o) IMPLEMENTATION GUIDANCE.—The Secretary shall prepare, 

in consultation with the Council on Environmental Quality and 

other Federal agencies with jurisdiction over actions or resources 

that may be impacted by a project, guidance documents that 

describe the coordinated environmental review processes that the 

Secretary intends to use to implement this section for the planning 

of projects, in accordance with the civil works program of the 

Corps of Engineers and all applicable law.’’. 

(2) CLERICAL AMENDMENT.—The table of contents contained 

in section 1(b) of the Water Resources Development Act of 

2007 (121 Stat. 1042) is amended by striking the item relating 

to section 2045 and inserting the following: 

‘‘Sec. 2045. Project acceleration.’’. 

(b) CATEGORICAL EXCLUSIONS IN EMERGENCIES.—For the repair, 

reconstruction, or rehabilitation of a water resources project that 

is in operation or under construction when damaged by an event 

or incident that results in a declaration by the President of a 

major disaster or emergency pursuant to the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 

et seq.), the Secretary shall treat such repair, reconstruction, or 

rehabilitation activity as a class of action categorically excluded 

from the requirements relating to environmental assessments or 

environmental impact statements under section 1508.4 of title 40, 

Code of Federal Regulations (or successor regulations), if the repair 

or reconstruction activity is— 

(1) in the same location with the same capacity, dimensions, 

and design as the original water resources project as before 

the declaration described in this section; and 

(2) commenced within a 2-year period beginning on the 

date of a declaration described in this subsection. 

SEC. 1006. EXPEDITING THE EVALUATION AND PROCESSING OF PERMITS. 

Section 214 of the Water Resources Development Act of 2000 

(Public Law 106–541; 33 U.S.C. 2201 note) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘(a) IN GENERAL.—The Secretary’’ and 

inserting the following: 

‘‘(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 ‘publicutility company’ has the meaning given the term in section 

1262 of the Public Utility Holding Company Act of 2005 

(42 U.S.C. 16451). 

‘‘(2) PERMIT PROCESSING.—The Secretary’’; 

Time period. 

33 USC 2349. 

Consultation. 

Reports. 


srobinson on DSKB307YQ1PROD with PUBLIC LAWS
PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1213 

(B) in paragraph (2) (as so designated)— 

(i) by inserting ‘‘or a public-utility company or 

natural gas company’’ after ‘‘non-Federal public entity’’; 

and 

(ii) by inserting ‘‘or company’’ after ‘‘that entity’’; 

and 

(C) by adding at the end the following: 

‘‘(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) 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) 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.’’; 

and 

(2) by striking subsections (d) and (e) and inserting the 

following: 

‘‘(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 

Web posting. 

Deadline. 

Expiration date. 


srobinson on DSKB307YQ1PROD with PUBLIC LAWS
128 STAT. 1214 PUBLIC LAW 113–121—JUNE 10, 2014 

‘‘(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. 1007. EXPEDITING APPROVAL OF MODIFICATIONS AND ALTERATIONS OF PROJECTS BY NON-FEDERAL INTERESTS. 

(a) SECTION 14 APPLICATION DEFINED.—In this section, the 

term ‘‘section 14 application’’ means an application submitted by 

an applicant to the Secretary requesting permission for the temporary occupation or use of a public work, or the alteration or 

permanent occupation or use of a public work, under section 14 

of the Act of March 3, 1899 (commonly known as the ‘‘Rivers 

and Harbors Appropriation Act of 1899’’) (33 U.S.C. 408). 

(b) REVIEW.—Not later than 1 year after the date of enactment 

of this Act, the Secretary, after providing notice and an opportunity 

for comment, shall establish a process for the review of section 

14 applications in a timely and consistent manner. 

(c) BENCHMARK GOALS.— 

(1) ESTABLISHMENT OF BENCHMARK GOALS.—In carrying out 

subsection (b), the Secretary shall— 

(A) establish benchmark goals for determining the 

amount of time it should take the Secretary to determine 

whether a section 14 application is complete; 

(B) establish benchmark goals for determining the 

amount of time it should take the Secretary to approve 

or disapprove a section 14 application; and 

(C) to the extent practicable, use such benchmark goals 

to make a decision on section 14 applications in a timely 

and consistent manner. 

(2) BENCHMARK GOALS.— 

(A) BENCHMARK GOALS FOR DETERMINING WHETHER

SECTION 14 APPLICATIONS ARE COMPLETE.—To the extent 

practicable, the benchmark goals established under paragraph (1) shall provide that— 

(i) the Secretary reach a decision on whether a 

section 14 application is complete not later than 15 

days after the date of receipt of the application; and 

(ii) if the Secretary determines that a section 14 

application is not complete, the Secretary promptly 

notify the applicant of the specific information that 

is missing or the analysis that is needed to complete 

the application. 

(B) BENCHMARK GOALS FOR REVIEWING COMPLETED

APPLICATIONS.—To the extent practicable, the benchmark 

goals established under paragraph (1) shall provide that— 

(i) the Secretary generally approve or disapprove 

a completed section 14 application not later than 45 

Determination. 

Notification. 

Deadlines. 

Deadline. 

33 USC 408a. 

Public 

information. 

Web posting. 


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days after the date of receipt of the completed application; and 

(ii) in a case in which the Secretary determines 

that additional time is needed to review a completed 

section 14 application due to the type, size, cost, complexity, or impacts of the actions proposed in the 

application, the Secretary generally approve or disapprove the application not later than 180 days after 

the date of receipt of the completed application. 

(3) NOTICE.—In any case in which the Secretary determines 

that it will take the Secretary more than 45 days to review 

a completed section 14 application, the Secretary shall— 

(A) provide written notification to the applicant; and 

(B) include in the written notice a best estimate of 

the Secretary as to the amount of time required for completion of the review. 

(d) FAILURE TO ACHIEVE BENCHMARK GOALS.—In any case in 

which the Secretary fails make a decision on a section 14 application 

in accordance with the process established under this section, the 

Secretary shall provide written notice to the applicant, including 

a detailed description of— 

(1) why the Secretary failed to make a decision in accordance with such process; 

(2) the additional actions required before the Secretary 

will issue a decision; and 

(3) the amount of time the Secretary will require to issue 

a decision. 

(e) NOTIFICATION.— 

(1) SUBMISSION TO CONGRESS.—The Secretary shall provide 

a copy of any written notice provided under subsection (d) 

to the Committee on Environment and Public Works of the 

Senate and the Committee on Transportation and Infrastructure of the House of Representatives. 

(2) PUBLIC AVAILABILITY.—The Secretary shall maintain 

a publicly available database, including on the Internet, on— 

(A) all section 14 applications received by the Secretary; and 

(B) the current status of such applications. 

SEC. 1008. EXPEDITING HYDROPOWER AT CORPS OF ENGINEERS 

FACILITIES. 

(a) POLICY.—Congress declares that it is the policy of the United 

States that— 

(1) the development of non-Federal hydroelectric power 

at Corps of Engineers civil works projects, including locks and 

dams, shall be given priority; 

(2) Corps of Engineers approval of non-Federal hydroelectric power at Corps of Engineers civil works projects, 

including permitting required under section 14 of the Act of 

March 3, 1899 (33 U.S.C. 408), shall be completed by the 

Corps of Engineers in a timely and consistent manner; and 

(3) approval of hydropower at Corps of Engineers civil 

works projects shall in no way diminish the other priorities 

and missions of the Corps of Engineers, including authorized 

project purposes and habitat and environmental protection. 

(b) REPORT.—Not later than 2 years after the date of enactment 

of this Act and biennially thereafter, the Secretary shall submit 

Public 

information. 

33 USC 2321b. 

Database. 

Records. 

Notification. 


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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 

that, at a minimum, shall include— 

(1) a description of initiatives carried out by the Secretary 

to encourage the development of hydroelectric power by nonFederal entities at Corps of Engineers civil works projects; 

(2) a list of all new hydroelectric power activities by nonFederal entities approved at Corps of Engineers civil works 

projects in that fiscal year, including the length of time the 

Secretary needed to approve those activities; 

(3) a description of the status of each pending application 

from non-Federal entities for approval to develop hydroelectric 

power at Corps of Engineers civil works projects; 

(4) a description of any benefits or impacts to the environment, recreation, or other uses associated with Corps of Engineers civil works projects at which non-Federal entities have 

developed hydroelectric power in the previous fiscal year; and 

(5) the total annual amount of payments or other services 

provided to the Corps of Engineers, the Treasury, and any 

other Federal agency as a result of approved non-Federal hydropower projects at Corps of Engineers civil works projects. 

SEC. 1009. ENHANCED USE OF ELECTRONIC COMMERCE IN FEDERAL 

PROCUREMENT. 

(a) REPORT.—Not later than 180 days after 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 publicly available a report describing the actions 

of the Secretary in carrying out section 2301 of title 41, United 

States Code, regarding the use of electronic commerce in Federal 

procurement. 

(b) CONTENTS.—The report submitted under subsection (a) shall 

include, with respect to the 2 fiscal years most recently ended 

before the fiscal year in which the report is submitted— 

(1) an identification of the number, type, and dollar value 

of procurement solicitations with respect to which the public 

was permitted to respond to the solicitation electronically, 

which shall differentiate between solicitations that allowed full 

or partial electronic submission; 

(2) an analysis of the information provided under paragraph 

(1) and actions that could be taken by the Secretary to refine 

and improve the use of electronic submission for procurement 

solicitation responses; 

(3) an analysis of the potential benefits of and obstacles 

to full implementation of electronic submission for procurement 

solicitation responses, including with respect to cost savings, 

error reduction, paperwork reduction, increased bidder participation, and competition, and expanded use of electronic bid 

data collection for cost-effective contract management and 

timely reporting; and 

(4) an analysis of the options and technologies available 

to facilitate expanded implementation of electronic submission 

for procurement solicitation responses and the suitability of 

each option and technology for contracts of various types and 

sizes. 

Public 

information. 


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SEC. 1010. DETERMINATION OF PROJECT COMPLETION. 

(a) IN GENERAL.—The Secretary shall notify the applicable 

non-Federal interest when construction of a water resources project 

or a functional portion of the project is completed so the nonFederal interest may commence responsibilities, as applicable, for 

operating and maintaining the project. 

(b) NON-FEDERAL INTEREST APPEAL OF DETERMINATION.— 

(1) IN GENERAL.—Not later than 7 days after receiving 

a notification under subsection (a), the non-Federal interest 

may appeal the completion determination of the Secretary in 

writing with a detailed explanation of the basis for questioning 

the completeness of the project or functional portion of the 

project. 

(2) INDEPENDENT REVIEW.— 

(A) IN GENERAL.—On notification that a non-Federal 

interest has submitted an appeal under paragraph (1), 

the Secretary shall contract with 1 or more independent, 

non-Federal experts to evaluate whether the applicable 

water resources project or functional portion of the project 

is complete. 

(B) TIMELINE.—An independent review carried out 

under subparagraph (A) shall be completed not later than 

180 days after the date on which the Secretary receives 

an appeal from a non-Federal interest under paragraph 

(1). 

SEC. 1011. PRIORITIZATION. 

(a) PRIORITIZATION OF HURRICANE AND STORM DAMAGE RISK

REDUCTION EFFORTS.— 

(1) PRIORITY.—For authorized projects and ongoing feasibility studies with a primary purpose of hurricane and storm 

damage risk reduction, the Secretary shall give funding priority 

to projects and ongoing studies that— 

(A) address an imminent threat to life and property; 

(B) prevent storm surge from inundating populated 

areas; 

(C) prevent the loss of coastal wetlands that help 

reduce the impact of storm surge; 

(D) protect emergency hurricane evacuation routes or 

shelters; 

(E) prevent adverse impacts to publicly owned or 

funded infrastructure and assets; 

(F) minimize disaster relief costs to the Federal 

Government; and 

(G) address hurricane and storm damage risk reduction 

in an area for which the President declared a major disaster 

in accordance with section 401 of the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5170). 

(2) EXPEDITED CONSIDERATION OF CURRENTLY AUTHORIZED

PROJECTS.—Not later than 180 days after the date of enactment 

of this Act, 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 a list of all— 

Lists. 

Deadline. 

33 USC 2341a. 

Deadline. 

Contracts. 

Deadline. 

Notification. 

33 USC 2347a. 


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128 STAT. 1218 PUBLIC LAW 113–121—JUNE 10, 2014 

(i) ongoing hurricane and storm damage reduction 

feasibility studies that have signed feasibility costshare agreements and have received Federal funds 

since 2009; and 

(ii) authorized hurricane and storm damage reduction projects that— 

(I) have been authorized for more than 20 

years but are less than 75 percent complete; or 

(II) are undergoing a post-authorization 

change report, general reevaluation report, or limited reevaluation report; 

(B) identify those projects on the list required under 

subparagraph (A) that meet the criteria described in paragraph (1); and 

(C) provide a plan for expeditiously completing the 

projects identified under subparagraph (B), subject to available funding. 

(b) PRIORITIZATION OF ECOSYSTEM RESTORATION EFFORTS.—For 

authorized projects with a primary purpose of ecosystem restoration, 

the Secretary shall give funding priority to projects— 

(1) that— 

(A) address an identified threat to public health, safety, 

or welfare; 

(B) preserve or restore ecosystems of national significance; or 

(C) preserve or restore habitats of importance for federally protected species, including migratory birds; and 

(2) for which the restoration activities will contribute to 

other ongoing or planned Federal, State, or local restoration 

initiatives. 

SEC. 1012. TRANSPARENCY IN ACCOUNTING AND ADMINISTRATIVE 

EXPENSES. 

(a) IN GENERAL.—On the request of a non-Federal interest, 

the Secretary shall provide to the non-Federal interest a detailed 

accounting of the Federal expenses associated with a water 

resources project. 

(b) STUDY.— (1) IN GENERAL.—The Secretary shall contract with the 

National Academy of Public Administration to carry out a study 

on the efficiency of the Corps Engineers current staff salaries 

and administrative expense procedures as compared to using 

a separate administrative expense account. 

(2) CONTENTS.—The study under paragraph (1) shall 

include any recommendations of the National Academy of Public 

Administration for improvements to the budgeting and administrative processes that will increase the efficiency of the Corps 

of Engineers project delivery. 

SEC. 1013. EVALUATION OF PROJECT PARTNERSHIP AGREEMENTS. 

(a) IN GENERAL.—The Secretary shall contract with the 

National Academy of Public Administration to carry out a comprehensive review of the process for preparing, negotiating, and 

approving Project Partnership Agreements and the Project Partnership Agreement template, which shall include— 

(1) an evaluation of the process for preparing, negotiating, 

and approving Project Partnership Agreements, as in effect 

on the day before the date of enactment of this Act, including 

Review. 

Recommendations. 

Contracts. 

33 USC 2315a. 

Plan. 


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suggested modifications to the process provided by non-Federal 

interests; and 

(2) recommendations based on the evaluation under paragraph (1) to improve the Project Partnership Agreement template and the process for preparing, negotiating, and approving 

Project Partnership Agreements. 

(b) SUBMISSION TO CONGRESS.— (1) IN GENERAL.—The Secretary shall submit the findings 

of the National Academy of Public Administration to the Committee on Environment and Public Works of the Senate and 

the Committee on Transportation and Infrastructure of the 

House of Representatives. 

(2) REPORT.—Not later than 180 days after the date on 

which the findings are received under 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 

detailed response, including any recommendations the Secretary plans to implement, on the process for preparing, negotiating, and approving Project Partnership Agreements and the 

Project Partnership Agreement template. 

SEC. 1014. STUDY AND CONSTRUCTION OF WATER RESOURCES 

DEVELOPMENT PROJECTS BY NON-FEDERAL INTERESTS. 

(a) STUDIES.—Section 203 of the Water Resources Development 

Act of 1986 (33 U.S.C. 2231) is amended to read as follows: 

‘‘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 

Deadline. 

Reports. 

Recommendations. 


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128 STAT. 1220 PUBLIC LAW 113–121—JUNE 10, 2014 

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.’’. 

(b) CONSTRUCTION.— (1) IN GENERAL.—Section 204 of the Water Resources 

Development Act of 1986 (33 U.S.C. 2232) is amended to read 

as follows: 

‘‘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 nonFederal 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— 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1221 

‘‘(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. 

‘‘(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— 

Audit. 

Certification. 

Determination. 

Contracts. 

Determination. 


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128 STAT. 1222 PUBLIC LAW 113–121—JUNE 10, 2014 

‘‘(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.’’. 

(c) REPEALS.—The following provisions are repealed: 

(1) Section 404 of the Water Resources Development Act 

of 1990 (33 U.S.C. 2232 note; 104 Stat. 4646) and the item 

relating to that section in the table of contents contained in 

section 1(b) of that Act. 

(2) Section 206 of the Water Resources Development Act 

of 1992 (33 U.S.C. 426i–1) and the item relating to that section 

in the table of contents contained in section 1(b) of that Act. 

(3) Section 211 of the Water Resources Development Act 

of 1996 (33 U.S.C. 701b–13) and the item relating to that 

section in the table of contents contained in section 1(b) of 

that Act. 

(d) SAVINGS PROVISION.—Nothing in this section may be construed to affect an agreement in effect on the date of enactment 

of this Act, or an agreement that is finalized between the Corps 

of Engineers and a non-Federal interest on or before December 

31, 2014, under any of the following sections (as such sections 

were in effect on the day before such date of enactment): 

(1) Section 204 of the Water Resources Development Act 

of 1986 (33 U.S.C. 2232). 

(2) Section 206 of the Water Resources Development Act 

of 1992 (33 U.S.C. 426i–1). 

(3) Section 211 of the Water Resources Development Act 

of 1996 (33 U.S.C. 701b–13). 

SEC. 1015. CONTRIBUTIONS BY NON-FEDERAL INTERESTS. 

(a) IN GENERAL.—Section 5 of the Act of June 22, 1936 (33 

U.S.C. 701h), is amended— 

(1) by inserting ‘‘and other non-Federal interests’’ after 

‘‘States and political subdivisions thereof’’ each place it appears; 

(2) by inserting ‘‘, including a project for navigation on 

the inland waterways,’’ after ‘‘study or project’’; 

(3) by striking ‘‘Provided, That when’’ and inserting ‘‘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 when’’; and 

(4) by striking the period at the end and inserting the 

following: ‘‘: Provided further, That the term ‘non-Federal 

Determination. 

22 USC 2232 

note. 

Certification. 

Contracts. 

Determination. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1223 

interest’ has the meaning given that term in section 221 of 

the Flood Control Act of 1970 (42 U.S.C. 1962d–5b).’’. 

(b) NOTIFICATION FOR CONTRIBUTED FUNDS.—Prior to accepting 

funds contributed under section 5 of the Act of June 22, 1936 

(33 U.S.C. 701h), the Secretary shall provide written notice of 

the funds 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. 

(c) TECHNICAL AMENDMENT.—Section 111(b) of the Energy and 

Water Development and Related Agencies Appropriations Act, 2012 

(125 Stat. 858) is repealed. 

SEC. 1016. OPERATION AND MAINTENANCE OF CERTAIN PROJECTS. 

The Secretary may assume responsibility for operation and 

maintenance in accordance with section 101(b) of the Water 

Resources Development Act of 1986 (33 U.S.C. 2211(b)) (as amended 

by section 2102(b)) for improvements to a federally authorized 

harbor or inland harbor that are carried out by a non-Federal 

interest prior to December 31, 2014, if the Secretary determines 

that the requirements under paragraphs (2) and (3) of section 

204(f) of the Water Resources Development Act of 1986 (33 U.S.C. 

2232(f)) are met. 

SEC. 1017. ACCEPTANCE OF CONTRIBUTED FUNDS TO INCREASE LOCK 

OPERATIONS. 

(a) IN GENERAL.—The Secretary, after providing public notice, 

shall establish a pilot program for the acceptance and expenditure 

of funds contributed by non-Federal interests to increase the hours 

of operation of locks at water resources development projects. 

(b) APPLICABILITY.—The establishment of the pilot program 

under this section shall not affect the periodic review and adjustment of hours of operation of locks based on increases in commercial 

traffic carried out by the Secretary. 

(c) PUBLIC COMMENT.—Not later than 180 days before a proposed modification to the operation of a lock at a water resources 

development project will be carried out, the Secretary shall— 

(1) publish the proposed modification in the Federal Register; and 

(2) accept public comment on the proposed modification. 

(d) REPORTS.— (1) IN GENERAL.—Not later than 1 year after 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 publicly available a 

report that evaluates the cost-savings resulting from reduced 

lock hours and any economic impacts of modifying lock operations. 

(2) REVIEW OF PILOT PROGRAM.—Not later than September 

30, 2017, and each year 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 describes 

the effectiveness of the pilot program under this section. 

(e) ANNUAL REVIEW.—The Secretary shall carry out an annual 

review of the commercial use of locks and make any necessary 

adjustments to lock operations based on that review. 

33 USC 2212 

note. 

33 USC 2232 

note. 

33 USC 701h 

note. 


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128 STAT. 1224 PUBLIC LAW 113–121—JUNE 10, 2014 

(f) TERMINATION.—The authority to accept funds under this 

section shall terminate 5 years after the date of enactment of 

this Act. 

SEC. 1018. CREDIT FOR IN-KIND CONTRIBUTIONS. 

(a) IN GENERAL.—Section 221(a)(4) of the Flood Control Act 

of 1970 (42 U.S.C. 1962d–5b(a)(4)) is amended— 

(1) in subparagraph (A), in the matter preceding clause 

(i), by inserting ‘‘or a project under an environmental infrastructure assistance program’’ after ‘‘law’’; 

(2) in subparagraph (C) by striking ‘‘In any case’’ and 

all that follows through the period at the end and inserting 

the following: 

‘‘(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.’’; 

(3) in subparagraph (D)(iii) by striking ‘‘sections 101 and 

103’’ and inserting ‘‘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))’’; 

(4) by redesignating subparagraph (E) as subparagraph 

(H); 

(5) by inserting after subparagraph (D) the following: 

‘‘(E) ANALYSIS OF COSTS AND BENEFITS.—In the evaluation of the costs and benefits of a project, the Secretary 

Contracts. 

Contracts. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1225 

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.’’; and 

(6) in subparagraph (H) (as redesignated by paragraph 

(4))— 

(A) in clause (i) by inserting ‘‘, 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’’ 

before the period at the end; and 

(B) by striking clause (ii) and inserting the following: 

‘‘(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) APPLICABILITY.—Section 2003(e) of the Water Resources 

Development Act of 2007 (42 U.S.C. 1962d–5b note) is amended— 

(1) by inserting ‘‘, or construction of design deficiency 

corrections on the project,’’ after ‘‘construction on the project’’; 

and 

(2) by inserting ‘‘, or under which construction of the project 

has not been completed and the work to be performed by 

Applicability. 

Contracts. 


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128 STAT. 1226 PUBLIC LAW 113–121—JUNE 10, 2014 

the non-Federal interests has not been carried out and is creditable only toward any remaining non-Federal cost share,’’ after 

‘‘has not been initiated’’. 

(c) EFFECTIVE DATE.—The amendments made by subsections 

(a) and (b) take effect on November 8, 2007. 

(d) GUIDELINES.— (1) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, the Secretary shall update any guidance or regulations for carrying out section 221(a)(4) of the 

Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) (as 

amended by subsection (a)) that are in existence on the date 

of enactment of this Act or issue new guidelines, as determined 

to be appropriate by the Secretary. 

(2) INCLUSIONS.—Any guidance, regulations, or guidelines 

updated or issued under paragraph (1) shall include, at a 

minimum— 

(A) the milestone for executing an in-kind memorandum of understanding for construction by a non-Federal 

interest; 

(B) criteria and procedures for evaluating a request 

to execute an in-kind memorandum of understanding for 

construction by a non-Federal interest that is earlier than 

the milestone under subparagraph (A) for that execution; 

and 

(C) criteria and procedures for determining whether 

work carried out by a non-Federal interest is integral to 

a project. 

(3) PUBLIC AND STAKEHOLDER PARTICIPATION.—Before 

issuing any new or revised guidance, regulations, or guidelines 

or any subsequent updates to those documents, the Secretary 

shall— 

(A) consult with affected non-Federal interests; 

(B) publish the proposed guidelines developed under 

this subsection in the Federal Register; and 

(C) provide the public with an opportunity to comment 

on the proposed guidelines. 

(e) OTHER CREDIT.—Nothing in section 221(a)(4) of the Flood 

Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) (as amended by 

subsection (a)) affects any eligibility for credit under section 104 

of the Water Resources Development of 1986 (33 U.S.C. 2214) 

that was approved by the Secretary prior to the date of enactment 

of this Act. 

SEC. 1019. CLARIFICATION OF IN-KIND CREDIT AUTHORITY. 

(a) NON-FEDERAL COST SHARE.—Section 7007 of the Water 

Resources Development Act of 2007 (121 Stat. 1277) is amended— 

(1) in subsection (a), by inserting ‘‘, on, or after’’ after 

‘‘before’’; 

(2) by striking subsection (d) and inserting the following: 

‘‘(d) TREATMENT OF CREDIT BETWEEN PROJECTS.—The value 

of any land, easements, rights-of-way, relocations, and dredged 

material disposal areas and the costs of planning, design, and 

construction work provided by the non-Federal interest that exceed 

the non-Federal cost share for a study or project under this title 

may be applied toward the non-Federal cost share for any other 

study or project carried out under this title.’’; and 

(3) by adding at the end the following: 

42 USC 

1962d–5b note. 

Public 

information. 

Federal Register, 

publication. 

Consultation. 

Deadline. 

42 USC 1962d–5 

note. 

42 USC 

1962d–5b note. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1227 

‘‘(g) DEFINITION OF STUDY OR PROJECT.—In this section, the 

term ‘study or project’ includes any eligible activity that is— 

‘‘(1) carried out pursuant to the coastal Louisiana ecosystem 

science and technology program authorized under section 

7006(a); and 

‘‘(2) in accordance with the restoration plan.’’. 

(b) IMPLEMENTATION.—Not later than 90 days after the date 

of enactment of this Act, the Secretary, in coordination with any 

relevant agencies of the State of Louisiana, shall establish a process 

by which to carry out the amendment made by subsection (a)(2). 

(c) EFFECTIVE DATE.—The amendments made by subsection 

(a) take effect on November 8, 2007. 

SEC. 1020. TRANSFER OF EXCESS CREDIT. 

(a) IN GENERAL.—Subject to subsection (b), the Secretary may 

apply credit for in-kind contributions provided by a non-Federal 

interest that are in excess of the required non-Federal cost share 

for a water resources development study or project toward the 

required non-Federal cost share for a different water resources 

development study or project. 

(b) RESTRICTIONS.— 

(1) IN GENERAL.—Except for subsection (a)(4)(D)(i) of that 

section, the requirements of section 221 of the Flood Control 

Act of 1970 (42 U.S.C. 1962d–5b) (as amended by section 

1018(a)) shall apply to any credit under this section. 

(2) CONDITIONS.—Credit in excess of the non-Federal share 

for a study or project may be approved under this section 

only if— 

(A) the non-Federal interest submits a comprehensive 

plan to the Secretary that identifies— 

(i) the studies and projects for which the nonFederal interest intends to provide in-kind contributions for credit that are in excess of the non-Federal 

cost share for the study or project; and 

(ii) the authorized studies and projects to which 

that excess credit would be applied; 

(B) the Secretary approves the comprehensive plan; 

and 

(C) the total amount of credit does not exceed the 

total non-Federal share for the studies and projects in 

the approved comprehensive plan. 

(c) ADDITIONAL CRITERIA.—In evaluating a request to apply 

credit in excess of the non-Federal share for a study or project 

toward a different study or project, the Secretary shall consider 

whether applying that credit will— 

(1) help to expedite the completion of a project or group 

of projects; 

(2) reduce costs to the Federal Government; and 

(3) aid the completion of a project that provides significant 

flood risk reduction or environmental benefits. 

(d) TERMINATION OF AUTHORITY.—The authority provided in 

this section shall terminate 10 years after the date of enactment 

of this Act. 

(e) REPORT.— 

(1) DEADLINES.— (A) IN GENERAL.—Not later than 2 years after the 

date of enactment of this Act, and once every 2 years 

Public 

information. 

33 USC 2223. 

Deadline. 

Louisiana. 


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128 STAT. 1228 PUBLIC LAW 113–121—JUNE 10, 2014 

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 and make publicly available an 

interim report on the use of the authority under this section. 

(B) FINAL REPORT.—Not later than 10 years after 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 publicly available a final report on the use of the authority 

under this section. 

(2) INCLUSIONS.—The reports described in paragraph (1) 

shall include— 

(A) a description of the use of the authority under 

this section during the reporting period; 

(B) an assessment of the impact of the authority under 

this section on the time required to complete projects; 

and 

(C) an assessment of the impact of the authority under 

this section on other water resources projects. 

SEC. 1021. CREDITING AUTHORITY FOR FEDERALLY AUTHORIZED 

NAVIGATION PROJECTS. 

A non-Federal interest may carry out operation and maintenance activities for an authorized navigation project, subject to 

the condition that the non-Federal interest complies with all Federal 

laws and regulations applicable to such operation and maintenance 

activities, and may receive credit for the costs incurred by the 

non-Federal interest in carrying out such activities towards the 

share of construction costs of that non-Federal interest for another 

element of the same project or another authorized navigation 

project, except that in no instance may such credit exceed 20 percent 

of the total costs associated with construction of the general navigation features of the project for which such credit may be applied 

pursuant to this section. 

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, the Secretary may 

provide to the non-Federal interest, at the request of the nonFederal 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. 

SEC. 1023. ADDITIONAL CONTRIBUTIONS BY NON-FEDERAL 

INTERESTS. 

Section 902 of the Water Resources Development Act of 1986 

(33 U.S.C. 2280) is amended— 

33 USC 2225. 

33 USC 2224. 

Assessments. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1229 

(1) by striking ‘‘In order to insure’’ and inserting ‘‘(a) IN

GENERAL.—In order to insure’’; and 

(2) by adding at the end the following: 

‘‘(b) CONTRIBUTIONS BY NON-FEDERAL INTERESTS.—Notwithstanding subsection (a), in accordance with section 5 of the Act 

of June 22, 1936 (33 U.S.C. 701h), the Secretary may accept funds 

from a non-Federal interest for any authorized water resources 

development project that has exceeded its maximum cost under 

subsection (a), and use such funds to carry out such project, if 

the use of such funds does not increase the Federal share of the 

cost of such project.’’. 

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 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. 

SEC. 1025. WATER RESOURCES PROJECTS ON FEDERAL LAND. 

(a) IN GENERAL.—Subject to subsection (b), the Secretary may 

carry out an authorized water resources development project on 

Federal land that is under the administrative jurisdiction of another 

Federal agency where the cost of the acquisition of such Federal 

land has been paid for by the non-Federal interest for the project. 

(b) MOU REQUIRED.—The Secretary may carry out a project 

pursuant to subsection (a) only after the non-Federal interest has 

entered into a memorandum of understanding with the Federal 

agency that includes such terms and conditions as the Secretary 

determines to be necessary. 

(c) APPLICABILITY.—Nothing in this section alters any nonFederal cost-sharing requirements for the project. 

SEC. 1026. CLARIFICATION OF IMPACTS TO OTHER FEDERAL FACILITIES. 

In any case where the modification or construction of a water 

resources development project carried out by the Secretary 

adversely impacts other Federal facilities, the Secretary may accept 

from other Federal agencies such funds as may be necessary to 

address the adverse impact, including by removing, relocating, or 

reconstructing those facilities. 

33 USC 2227. 

33 USC 2226. 

33 USC 2325a. 


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128 STAT. 1230 PUBLIC LAW 113–121—JUNE 10, 2014 

SEC. 1027. CLARIFICATION OF MUNITION DISPOSAL AUTHORITIES. 

(a) IN GENERAL.—The Secretary may implement any response 

action the Secretary determines to be necessary at a site where— 

(1) the Secretary has carried out a project under civil 

works authority of the Secretary that includes placing sand 

on a beach; and 

(2) as a result of the project described in paragraph (1), 

military munitions that were originally released as a result 

of Department of Defense activities are deposited on the beach, 

posing a threat to human health or the environment. 

(b) RESPONSE ACTION FUNDING.—A response action described 

in subsection (a) shall be funded from amounts made available 

to the agency within the Department of Defense responsible for 

the original release of the munitions. 

SEC. 1028. CLARIFICATION OF MITIGATION AUTHORITY. 

(a) IN GENERAL.—The Secretary may carry out measures to 

improve fish species habitat within the boundaries and downstream 

of a water resources project constructed by the Secretary that 

includes a fish hatchery if the Secretary— 

(1) has been explicitly authorized to compensate for fish 

losses associated with the project; and 

(2) determines that the measures are— 

(A) feasible; 

(B) consistent with authorized project purposes and 

the fish hatchery; and 

(C) in the public interest. 

(b) COST SHARING.— 

(1) IN GENERAL.—Subject to paragraph (2), the non-Federal 

interest shall contribute 35 percent of the total cost of carrying 

out activities under this section, including the costs relating 

to the provision or acquisition of required land, easements, 

rights-of-way, dredged material disposal areas, and relocations. 

(2) OPERATION AND MAINTENANCE.—The non-Federal 

interest shall contribute 100 percent of the costs of operation, 

maintenance, replacement, repair, and rehabilitation of the 

measures carried out under this section. 

SEC. 1029. CLARIFICATION OF INTERAGENCY SUPPORT AUTHORITIES. 

Section 234 of the Water Resources Development Act of 1996 

(33 U.S.C. 2323a) is amended— 

(1) in subsection (a), by striking ‘‘other Federal agencies,’’ 

and inserting ‘‘Federal departments or agencies, nongovernmental organizations,’’; 

(2) in subsection (b), by inserting ‘‘or foreign governments’’ 

after ‘‘organizations’’; 

(3) in subsection (c), by inserting ‘‘and restoration’’ after 

‘‘protection’’; and 

(4) in subsection (d)— 

(A) in the first sentence, by striking ‘‘There is’’ and 

inserting ‘‘(1) IN GENERAL.—There is’’; and 

(B) in the second sentence— 

(i) by striking ‘‘The Secretary’’ and inserting ‘‘(2) 

ACCEPTANCE OF FUNDS.—The Secretary’’; and 

(ii) by striking ‘‘other Federal agencies,’’ and 

inserting ‘‘Federal departments or agencies, nongovernmental organizations,’’. 

33 USC 2283b. 

33 USC 426e–2. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1231 

SEC. 1030. CONTINUING AUTHORITY. 

(a) CONTINUING AUTHORITY PROGRAMS.— 

(1) DEFINITION OF CONTINUING AUTHORITY PROGRAM

PROJECT.—In this subsection, the term ‘‘continuing authority 

program’’ means 1 of the following authorities: 

(A) Section 205 of the Flood Control Act of 1948 (33 

U.S.C. 701s). 

(B) Section 111 of the River and Harbor Act of 1968 

(33 U.S.C. 426i). 

(C) Section 206 of the Water Resources Development 

Act of 1996 (33 U.S.C. 2330). 

(D) Section 1135 of the Water Resources Development 

Act of 1986 (33 U.S.C. 2309a). 

(E) Section 107 of the River and Harbor Act of 1960 

(33 U.S.C. 577). 

(F) Section 3 of the Act of August 13, 1946 (33 U.S.C. 

426g). 

(G) Section 14 of the Flood Control Act of 1946 (33 

U.S.C. 701r). 

(H) Section 103 of the River and Harbor Act of 1962 

(Public Law 87–874; 76 Stat. 1178). 

(I) Section 204(e) of the Water Resources Development 

Act of 1992 (33 U.S.C. 2326(e)). 

(J) Section 208 of the Flood Control Act of 1958 (33 

U.S.C. 701b–8a). 

(K) Section 104(a) of the River and Harbor Act of 

1958 (33 U.S.C. 610(a)). 

(2) PRIORITIZATION.—Not later than 1 year after the date 

of enactment of this Act, the Secretary shall publish in the 

Federal Register and on a publicly available website, the criteria the Secretary uses for prioritizing annual funding for 

continuing authority program projects. 

(3) ANNUAL REPORT.—Not later than 1 year after the date 

of enactment of this Act and each year thereafter, the Secretary 

shall publish in the Federal Register and on a publicly available 

website, a report on the status of each continuing authority 

program, which, at a minimum, shall include— 

(A) the name and a short description of each active 

continuing authority program project; 

(B) the cost estimate to complete each active project; 

and 

(C) the funding available in that fiscal year for each 

continuing authority program. 

(4) CONGRESSIONAL NOTIFICATION.—On publication in the 

Federal Register under paragraphs (2) and (3), 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 copy 

of all information published under those paragraphs. 

(b) SMALL RIVER AND HARBOR IMPROVEMENT PROJECTS.—Section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577) 

is amended— 

(1) in subsection (a), by striking ‘‘$35,000,000’’ and inserting 

‘‘$50,000,000’’; and 

(2) in subsection (b), by striking ‘‘$7,000,000’’ and inserting 

‘‘$10,000,000’’. 

Records. 

Federal Register, 

publication. 

Web posting. 

Deadline. 

Federal Register, 

publication. 

Web posting. 

Criteria. 

33 USC 400. 


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128 STAT. 1232 PUBLIC LAW 113–121—JUNE 10, 2014 

(c) SHORE DAMAGE PREVENTION OR MITIGATION.—Section 111(c) 

of the River and Harbor Act of 1968 (33 U.S.C. 426i(c)) is amended 

by striking ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. 

(d) REGIONAL SEDIMENT MANAGEMENT.— 

(1) IN GENERAL.—Section 204 of the Water Resources 

Development Act of 1992 (33 U.S.C. 2326) is amended— 

(A) in subsection (c)(1)(C), by striking ‘‘$5,000,000’’ and 

inserting ‘‘$10,000,000’’; and 

(B) in subsection (g), by striking ‘‘$30,000,000’’ and 

inserting ‘‘$50,000,000’’. 

(2) APPLICABILITY.—Section 2037 of the Water Resources 

Development Act of 2007 (121 Stat. 1094) is amended by adding 

at the end the following: 

‘‘(c) APPLICABILITY.—The amendment made by subsection (a) 

shall not apply to any project authorized under this Act if a report 

of the Chief of Engineers for the project was completed prior to 

the date of enactment of this Act.’’. 

(e) SMALL FLOOD CONTROL PROJECTS.—Section 205 of the Flood 

Control Act of 1948 (33 U.S.C. 701s) is amended in the third 

sentence by striking ‘‘$7,000,000’’ and inserting ‘‘$10,000,000’’. 

(f) PROJECT MODIFICATIONS FOR IMPROVEMENT OF ENVIRONMENT.—Section 1135(d) of the Water Resources Development Act 

of 1986 (33 U.S.C. 2309a(d)) is amended— 

(1) in the second sentence, by striking ‘‘Not more than 

80 percent of the non-Federal share may be’’ and inserting 

‘‘The non-Federal share may be provided’’; and 

(2) in the third sentence, by striking ‘‘$5,000,000’’ and 

inserting ‘‘$10,000,000’’. 

(g) AQUATIC ECOSYSTEM RESTORATION.—Section 206(d) of the 

Water Resources Development Act of 1996 (33 U.S.C. 2330(d)) is 

amended by striking ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. 

(h) FLOODPLAIN MANAGEMENT SERVICES.—Section 206(d) of the 

Flood Control Act of 1960 (33 U.S.C. 709a(d)) is amended by striking 

‘‘$15,000,000’’ and inserting ‘‘$50,000,000’’. 

(i) EMERGENCY STREAMBANK AND SHORELINE PROTECTION.— 

Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is 

amended— 

(1) by striking ‘‘$15,000,000’’ and inserting ‘‘$20,000,000’’; 

and 

(2) by striking ‘‘$1,500,000’’ and inserting ‘‘$5,000,000’’. 

SEC. 1031. TRIBAL PARTNERSHIP PROGRAM. 

(a) IN GENERAL.—Section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269) is amended— 

(1) in subsection (d)(1)(B)— 

(A) by striking ‘‘The ability’’ and inserting the following: 

‘‘(i) IN GENERAL.—The ability’’; and 

(B) by adding at the end the following: 

‘‘(ii) DETERMINATION.—Not later than 180 days 

after the date of enactment of this clause, the Secretary 

shall issue guidance on the procedures described in 

clause (i).’’; and 

(2) by striking subsection (e) and inserting the following: 

‘‘(e) RESTRICTIONS.—The Secretary is authorized to carry out 

activities under this section for fiscal years 2015 through 2024.’’. 

Deadline. 

Guidance. 

33 USC 2326 

note. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1233 

(b) COOPERATIVE AGREEMENTS WITH INDIAN TRIBES.—The Secretary may enter into a cooperative agreement with an Indian 

tribe (or a designated representative of an Indian tribe) to carry 

out authorized activities of the Corps of Engineers to protect fish, 

wildlife, water quality, and cultural resources. 

SEC. 1032. TERRITORIES OF THE UNITED STATES. 

Section 1156 of the Water Resources Development Act of 1986 

(33 U.S.C. 2310) is amended— 

(1) by striking ‘‘The Secretary shall waive’’ and inserting 

‘‘(a) IN GENERAL.—The Secretary shall waive’’; 

(2) in subsection (a) (as so designated), by inserting ‘‘Puerto 

Rico,’’ before ‘‘and the Trust Territory of the Pacific Islands’’; 

and 

(3) by adding at the end the following: 

‘‘(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.’’. 

SEC. 1033. CORROSION PREVENTION. 

(a) IN GENERAL.—To the greatest extent practicable, the Secretary shall encourage and incorporate corrosion prevention activities at water resources development projects. 

(b) ACTIVITIES.—In carrying out subsection (a), the Secretary, 

to the greatest extent practicable, shall ensure that contractors 

performing work for water resources development projects— 

(1) use best practices to carry out corrosion prevention 

activities in the field; 

(2) use industry-recognized standards and corrosion mitigation and prevention methods when— 

(A) determining protective coatings; 

(B) selecting materials; and 

(C) determining methods of cathodic protection, design, 

and engineering for corrosion prevention; 

(3) use certified coating application specialists and cathodic 

protection technicians and engineers; 

(4) use best practices in environmental protection to prevent environmental degradation and to ensure careful handling 

of all hazardous materials; 

(5) demonstrate a history of employing industry-certified 

inspectors to ensure adherence to best practices and standards; 

and 

(6) demonstrate a history of compliance with applicable 

requirements of the Occupational Safety and Health Administration. 

(c) CORROSION PREVENTION ACTIVITIES DEFINED.—In this section, the term ‘‘corrosion prevention activities’’ means— 

(1) the application and inspection of protective coatings 

for complex work involving steel and cementitious structures, 

including structures that will be exposed in immersion; 

(2) the installation, testing, and inspection of cathodic 

protection systems; and 

(3) any other activities related to corrosion prevention the 

Secretary determines appropriate. 

33 USC 2350. 

Time period. 

33 USC 2339a. 


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128 STAT. 1234 PUBLIC LAW 113–121—JUNE 10, 2014 

SEC. 1034. ADVANCED MODELING TECHNOLOGIES. 

(a) IN GENERAL.—To the greatest extent practicable, the Secretary shall encourage and incorporate advanced modeling technologies, including 3-dimensional digital modeling, that can expedite 

project delivery or improve the evaluation of water resources 

development projects that receive Federal funding by— 

(1) accelerating and improving the environmental review 

process; 

(2) increasing effective public participation; 

(3) enhancing the detail and accuracy of project designs; 

(4) increasing safety; 

(5) accelerating construction and reducing construction 

costs; or 

(6) otherwise achieving the purposes described in paragraphs (1) through (5). 

(b) ACTIVITIES.—In carrying out subsection (a), the Secretary, 

to the greatest extent practicable, shall— 

(1) compile information related to advanced modeling technologies, including industry best practices with respect to the 

use of the technologies; 

(2) disseminate to non-Federal interests the information 

described in paragraph (1); and 

(3) promote the use of advanced modeling technologies. 

SEC. 1035. RECREATIONAL ACCESS. 

(a) DEFINITION OF FLOATING CABIN.—In this section, the term 

‘‘floating cabin’’ means a vessel (as defined in section 3 of title 

1, United States Code) that has overnight accommodations. 

(b) RECREATIONAL ACCESS.—The Secretary shall allow the use 

of a floating cabin on waters under the jurisdiction of the Secretary 

in the Cumberland River basin if— 

(1) the floating cabin— 

(A) is in compliance with regulations for recreational 

vessels issued under chapter 43 of title 46, United States 

Code, and section 312 of the Federal Water Pollution Control Act (33 U.S.C. 1322); 

(B) is located at a marina leased by the Corps of 

Engineers; and 

(C) is maintained by the owner to required health 

and safety standards; and 

(2) the Secretary has authorized the use of recreational 

vessels on such waters. 

SEC. 1036. NON-FEDERAL PLANS TO PROVIDE ADDITIONAL FLOOD 

RISK REDUCTION. 

(a) IN GENERAL.—If requested by a non-Federal interest, the 

Secretary shall carry out a locally preferred plan that provides 

a higher level of protection than a flood risk management project 

authorized under this Act if the Secretary determines that— 

(1) the plan is technically feasible and environmentally 

acceptable; and 

(2) the benefits of the plan exceed the costs of the plan. 

(b) NON-FEDERAL COST SHARE.—If the Secretary carries out 

a locally preferred plan under subsection (a), the Federal share 

of the cost of the project shall be not greater than the share 

as provided by law for elements of the national economic development plan. 

Determination. 

33 USC 701b–15. 

33 USC 2314b. 


srobinson on DSKB307YQ1PROD with PUBLIC LAWS
PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1235 

SEC. 1037. HURRICANE AND STORM DAMAGE REDUCTION. 

(a) IN GENERAL.—Section 156 of the Water Resources Development Act of 1976 (42 U.S.C. 1962d–5f) is amended— 

(1) by striking ‘‘The Secretary’’ and inserting the following: 

‘‘(a) IN GENERAL.—The Secretary’’; and 

(2) by adding at the end the following: 

‘‘(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 CON- GRESS.—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 years after the expiration 

of such period.’’. 

(b) REVIEW OF AUTHORIZED PERIODIC NOURISHMENT

AUTHORITY.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of enactment of this Act, the Secretary shall initiate a review 

of all authorized water resources development projects for which 

the Secretary is authorized to provide periodic nourishment 

under section 156 of the Water Resources Development Act 

of 1976 (42 U.S.C. 1962d–5f). 

(2) SCOPE OF REVIEW.—In carrying out the review under 

paragraph (1), the Secretary shall assess the Federal costs 

associated with that nourishment authority and the projected 

benefits of each project. 

(3) REPORT TO CONGRESS.—Upon completion of the review 

under paragraph (1), the Secretary shall issue 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 review, including any proposed changes the 

Secretary may recommend to the nourishment authority. 

Public 

information. 

Deadline. 

Time periods. 

Recommendations. 

Study. 

Time period. 


srobinson on DSKB307YQ1PROD with PUBLIC LAWS
128 STAT. 1236 PUBLIC LAW 113–121—JUNE 10, 2014 

SEC. 1038. REDUCTION OF FEDERAL COSTS FOR HURRICANE AND 

STORM DAMAGE REDUCTION PROJECTS. 

Section 204 of the Water Resources Development Act of 1992 

(33 U.S.C. 2326) (as amended by section 1030(d)(1)) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by inserting ‘‘or used in’’ after 

‘‘obtained through’’; 

(B) in paragraph (3)(C), by inserting ‘‘for the purposes 

of improving environmental conditions in marsh and littoral systems, stabilizing stream channels, enhancing 

shorelines, and supporting State and local risk management adaptation strategies’’ before the period at the end; 

and 

(C) by adding at the end the following: 

‘‘(4) REDUCING COSTS.—To reduce or avoid Federal costs, 

the Secretary shall consider the beneficial use of dredged material in a manner that contributes to the maintenance of sediment resources in the nearby coastal system.’’; 

(2) in subsection (d)— 

(A) by striking the subsection designation and heading 

and inserting the following: 

‘‘(d) SELECTION OF DREDGED MATERIAL DISPOSAL METHOD FOR

PURPOSES RELATED TO ENVIRONMENTAL RESTORATION OR STORM

DAMAGE AND FLOOD REDUCTION.—’’; and 

(B) in paragraph (1), by striking ‘‘in relation to’’ and 

all that follows through the period at the end and inserting 

‘‘in relation to— 

‘‘(A) the environmental benefits, including the benefits 

to the aquatic environment to be derived from the creation 

of wetlands and control of shoreline erosion; or 

‘‘(B) the flood and storm damage and flood reduction 

benefits, including shoreline protection, protection against 

loss of life, and damage to improved property.’’; and 

(3) in subsection (e), by striking paragraph (1) and inserting 

the following: 

‘‘(1) cooperate with any State or group of States in the 

preparation of a comprehensive State or regional sediment 

management plan within the boundaries of the State or among 

States;’’. 

SEC. 1039. INVASIVE SPECIES. 

(a) AQUATIC SPECIES REVIEW.— 

(1) REVIEW OF AUTHORITIES.—The Secretary, in consultation with the Director of the United States Fish and Wildlife 

Service, the Chairman of the Tennessee Valley Authority, and 

other applicable heads of Federal agencies, shall— 

(A) carry out a review of existing Federal authorities 

relating to responding to invasive species, including aquatic 

weeds, aquatic snails, and other aquatic invasive species, 

that have an impact on water resources; and 

(B) based on the review under subparagraph (A), make 

any recommendations to Congress and applicable State 

agencies for improving Federal and State laws to more 

effectively respond to the threats posed by those invasive 

species. 

(2) FEDERAL INVESTMENT.— 

Recommendations. 

Consultation. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1237 

(A) ASSESSMENT.—The Comptroller General of the 

United States shall conduct an assessment of the Federal 

costs of, and spending on, aquatic invasive species. 

(B) CONTENTS.—The assessment conducted under 

subparagraph (A) shall include— 

(i) identification of current Federal spending on, 

and projected future Federal costs of, operation and 

maintenance related to mitigating the impacts of 

aquatic invasive species on federally owned or operated 

facilities; 

(ii) identification of current Federal spending on 

aquatic invasive species prevention; 

(iii) analysis of whether spending identified in 

clause (ii) is adequate for the maintenance and protection of services provided by federally owned or operated 

facilities, based on the current spending and projected 

future costs identified in clause (i); and 

(iv) review of any other aspect of aquatic invasive 

species prevention or mitigation determined appropriate by the Comptroller General. 

(C) FINDINGS.—Not later than 1 year after the date 

of enactment of this Act, the Comptroller General shall 

submit to the Committee on Environment and Public Works 

and the Committee on Energy and Natural Resources of 

the Senate and the Committee on Transportation and Infrastructure and the Committee on Natural Resources of the 

House of Representatives a report containing the findings 

of the assessment conducted under subparagraph (A). 

(b) AQUATIC INVASIVE SPECIES PREVENTION.— 

(1) MULTIAGENCY EFFORT TO SLOW THE SPREAD OF ASIAN

CARP IN THE UPPER MISSISSIPPI AND OHIO RIVER BASINS AND

TRIBUTARIES.— 

(A) IN GENERAL.—The Director of the United States 

Fish and Wildlife Service, in coordination with the Secretary, the Director of the National Park Service, and the 

Director of the United States Geological Survey, shall lead 

a multiagency effort to slow the spread of Asian carp in 

the Upper Mississippi and Ohio River basins and tributaries by providing technical assistance, coordination, best 

practices, and support to State and local governments in 

carrying out activities designed to slow, and eventually 

eliminate, the threat posed by Asian carp. 

(B) BEST PRACTICES.—To the maximum extent practicable, the multiagency effort shall apply lessons learned 

and best practices such as those described in the document 

prepared by the Asian Carp Working Group entitled 

‘‘Management and Control Plan for Bighead, Black, Grass, 

and Silver Carps in the United States’’ and dated November 

2007, and the document prepared by the Asian Carp 

Regional Coordinating Committee entitled ‘‘FY 2012 Asian 

Carp Control Strategy Framework’’ and dated February 

2012. 

(2) REPORT TO CONGRESS.— 

(A) IN GENERAL.—Not later than December 31 of each 

year, the Director of the United States Fish and Wildlife 

Service, in coordination with the Secretary, shall submit 

to the Committee on Appropriations and the Committee 

Public 

information. 

16 USC 4701 

note. 

Deadline. 

Reports. 


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128 STAT. 1238 PUBLIC LAW 113–121—JUNE 10, 2014 

on Environment and Public Works of the Senate and the 

Committee on Appropriations, the Committee on Natural 

Resources, and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report describing the coordinated strategies 

established and progress made toward the goals of controlling and eliminating Asian carp in the Upper Mississippi 

and Ohio River basins and tributaries. 

(B) CONTENTS.—Each report submitted under subparagraph (A) shall include— 

(i) any observed changes in the range of Asian 

carp in the Upper Mississippi and Ohio River basins 

and tributaries during the 2-year period preceding 

submission of the report; 

(ii) a summary of Federal agency efforts, including 

cooperative efforts with non-Federal partners, to control the spread of Asian carp in the Upper Mississippi 

and Ohio River basins and tributaries; 

(iii) any research that the Director determines 

could improve the ability to control the spread of Asian 

carp; 

(iv) any quantitative measures that the Director 

intends to use to document progress in controlling the 

spread of Asian carp; and 

(v) a cross-cut accounting of Federal and non-Federal expenditures to control the spread of Asian carp. 

(c) PREVENTION, GREAT LAKES AND MISSISSIPPI RIVER BASIN.— 

(1) IN GENERAL.—The Secretary is authorized to implement 

measures recommended in the efficacy study authorized under 

section 3061 of the Water Resources Development Act of 2007 

(121 Stat. 1121) or in interim reports, with any modifications 

or any emergency measures that the Secretary determines to 

be appropriate to prevent aquatic nuisance species from dispersing into the Great Lakes by way of any hydrologic connection between the Great Lakes and the Mississippi River Basin. 

(2) NOTIFICATIONS.—The Secretary shall notify the Committees on Environment and Public Works and Appropriations 

of the Senate and the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives 

any emergency actions taken pursuant to this subsection. 

(d) PREVENTION AND MANAGEMENT.—Section 104 of the River 

and Harbor Act of 1958 (33 U.S.C. 610) is amended— 

(1) in subsection (a)— 

(A) in the first sentence, by striking ‘‘There is’’ and 

inserting the following: 

‘‘(1) IN GENERAL.—There is’’; 

(B) in the second sentence, by striking ‘‘Local’’ and 

inserting the following: 

‘‘(2) LOCAL INTERESTS.—Local’’; 

(C) in the third sentence, by striking ‘‘Costs’’ and 

inserting the following: 

‘‘(3) FEDERAL COSTS.—Costs’’; and 

(D) in paragraph (1) (as designated by subparagraph 

(A))— 

(i) by striking ‘‘control and progressive,’’ and 

inserting ‘‘prevention, control, and progressive’’; and 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1239 

(ii) by inserting ‘‘and aquatic invasive species’’ after 

‘‘noxious aquatic plant growths’’; 

(2) in subsection (b), in the first sentence, by striking ‘‘$15,000,000 annually’’ and inserting ‘‘$40,000,000, of which 

$20,000,000 shall be made available to implement subsection 

(d), annually’’; and 

(3) by inserting after subsection (c) the following: 

‘‘(d) WATERCRAFT INSPECTION STATIONS.— ‘‘(1) IN GENERAL.—In carrying out this section, the Secretary may establish watercraft inspection stations in the 

Columbia River Basin to be located in the States of Idaho, 

Montana, Oregon, and Washington at locations, as determined 

by the Secretary, with the highest likelihood of preventing 

the spread of aquatic invasive species at reservoirs operated 

and maintained by the Secretary. 

‘‘(2) COST SHARE.—The non-Federal share of the cost of 

constructing, operating, and maintaining watercraft inspection 

stations described in paragraph (1) (including personnel costs) 

shall be— 

‘‘(A) 50 percent; and 

‘‘(B) provided by the State or local governmental entity 

in which such inspection station is located. 

‘‘(3) COORDINATION.—In carrying out this subsection, the 

Secretary shall consult and coordinate with— 

‘‘(A) the States described in paragraph (1); 

‘‘(B) Indian tribes; and 

‘‘(C) other Federal agencies, including— 

‘‘(i) the Department of Agriculture; 

‘‘(ii) the Department of Energy; 

‘‘(iii) the Department of Homeland Security; 

‘‘(iv) the Department of Commerce; and 

‘‘(v) the Department of the Interior. 

‘‘(e) MONITORING AND CONTINGENCY PLANNING.—In carrying 

out this section, the Secretary may— 

‘‘(1) carry out risk assessments of water resources facilities; 

‘‘(2) monitor for aquatic invasive species; 

‘‘(3) establish watershed-wide plans for expedited response 

to an infestation of aquatic invasive species; and 

‘‘(4) monitor water quality, including sediment cores and 

fish tissue samples.’’. 

SEC. 1040. FISH AND WILDLIFE MITIGATION. 

(a) IN GENERAL.—Section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283) is amended— 

(1) in subsection (d)— 

(A) in paragraph (1)— 

(i) in the first sentence— 

(I) by inserting ‘‘for damages to ecological 

resources, including terrestrial and aquatic 

resources, and’’ after ‘‘mitigate’’; 

(II) by inserting ‘‘ecological resources and’’ 

after ‘‘impact on’’; and 

(III) by inserting ‘‘without the implementation 

of mitigation measures’’ before the period; and 

(ii) by inserting before the last sentence the following: ‘‘If the Secretary determines that mitigation 

to in-kind conditions is not possible, the Secretary shall 

Determination. 

Reports. 

Consultation. 

State listings. 


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128 STAT. 1240 PUBLIC LAW 113–121—JUNE 10, 2014 

identify in the report the basis for that determination 

and the mitigation measures that will be implemented 

to meet the requirements of this section and the goals 

of section 307(a)(1) of the Water Resources Development Act of 1990 (33 U.S.C. 2317(a)(1)).’’; 

(B) in paragraph (2)— 

(i) in the heading, by striking ‘‘DESIGN’’ and 

inserting ‘‘SELECTION AND DESIGN’’; 

(ii) by inserting ‘‘select and’’ after ‘‘shall’’; and 

(iii) by inserting ‘‘using a watershed approach’’ 

after ‘‘projects’’; and 

(C) in paragraph (3)— 

(i) in subparagraph (A), by inserting ‘‘, at a minimum,’’ after ‘‘complies with’’; and 

(ii) in subparagraph (B)— 

(I) by striking clause (iii); 

(II) by redesignating clauses (iv) and (v) as 

clauses (v) and (vi), respectively; and 

(III) by inserting after clause (ii) the following: 

‘‘(iii) for projects where mitigation will be carried 

out by the Secretary— 

‘‘(I) a description of the land and interest in 

land to be acquired for the mitigation plan; 

‘‘(II) the basis for a determination that the 

land and interests are available for acquisition; 

and 

‘‘(III) a determination that the proposed 

interest sought does not exceed the minimum 

interest in land necessary to meet the mitigation 

requirements for the project; 

‘‘(iv) for projects where mitigation will be carried 

out through a third party mitigation arrangement in 

accordance with subsection (i)— 

‘‘(I) a description of the third party mitigation 

instrument to be used; and 

‘‘(II) the basis for a determination that the 

mitigation instrument can meet the mitigation 

requirements for the project;’’; and 

(2) by adding at the end the following: 

‘‘(h) PROGRAMMATIC MITIGATION PLANS.— 

‘‘(1) IN GENERAL.—The Secretary may develop programmatic mitigation plans to address the potential impacts 

to ecological resources, fish, and wildlife associated with 

existing or future Federal water resources development projects. 

‘‘(2) USE OF MITIGATION PLANS.—The Secretary shall, to 

the maximum extent practicable, use programmatic mitigation 

plans developed in accordance with this subsection to guide 

the development of a mitigation plan under subsection (d). 

‘‘(3) NON-FEDERAL PLANS.—The Secretary shall, to the maximum extent practicable and subject to all conditions of this 

subsection, use programmatic environmental plans developed 

by a State, a body politic of the State, which derives its powers 

from a State constitution, a government entity created by State 

legislation, or a local government, that meet the requirements 

of this subsection to address the potential environmental 

impacts of existing or future water resources development 

projects. 

Determination. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1241 

‘‘(4) SCOPE.—A programmatic mitigation plan developed 

by the Secretary or an entity described in paragraph (3) to 

address potential impacts of existing or future water resources 

development projects shall, to the maximum extent practicable— 

‘‘(A) be developed on a regional, ecosystem, watershed, 

or statewide scale; 

‘‘(B) include specific goals for aquatic resource and 

fish and wildlife habitat restoration, establishment, 

enhancement, or preservation; 

‘‘(C) identify priority areas for aquatic resource and 

fish and wildlife habitat protection or restoration; 

‘‘(D) encompass multiple environmental resources 

within a defined geographical area or focus on a specific 

resource, such as aquatic resources or wildlife habitat; and 

‘‘(E) address impacts from all projects in a defined 

geographical area or focus on a specific type of project. 

‘‘(5) CONSULTATION.—The scope of the plan shall be determined by the Secretary or an entity described in paragraph 

(3), as appropriate, in consultation with the agency with jurisdiction over the resources being addressed in the environmental 

mitigation plan. 

‘‘(6) CONTENTS.—A programmatic environmental mitigation 

plan may include— 

‘‘(A) an assessment of the condition of environmental 

resources in the geographical area covered by the plan, 

including an assessment of recent trends and any potential 

threats to those resources; 

‘‘(B) an assessment of potential opportunities to 

improve the overall quality of environmental resources in 

the geographical area covered by the plan through strategic 

mitigation for impacts of water resources development 

projects; 

‘‘(C) standard measures for mitigating certain types 

of impacts; 

‘‘(D) parameters for determining appropriate mitigation 

for certain types of impacts, such as mitigation ratios or 

criteria for determining appropriate mitigation sites; 

‘‘(E) adaptive management procedures, such as protocols that involve monitoring predicted impacts over time 

and adjusting mitigation measures in response to information gathered through the monitoring; 

‘‘(F) acknowledgment of specific statutory or regulatory 

requirements that must be satisfied when determining 

appropriate mitigation for certain types of resources; and 

‘‘(G) any offsetting benefits of self-mitigating projects, 

such as ecosystem or resource restoration and protection. 

‘‘(7) PROCESS.—Before adopting a programmatic environmental mitigation plan for use under this subsection, the Secretary shall— 

‘‘(A) for a plan developed by the Secretary— 

‘‘(i) make a draft of the plan available for review 

and comment by applicable environmental resource 

agencies and the public; and 

‘‘(ii) consider any comments received from those 

agencies and the public on the draft plan; and 

Public 

information. 


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128 STAT. 1242 PUBLIC LAW 113–121—JUNE 10, 2014 

‘‘(B) for a plan developed under paragraph (3), determine, not later than 180 days after receiving the plan, 

whether the plan meets the requirements of paragraphs 

(4) through (6) and was made available for public comment. 

‘‘(8) INTEGRATION WITH OTHER PLANS.—A programmatic 

environmental mitigation plan may be integrated with other 

plans, including watershed plans, ecosystem plans, species 

recovery plans, growth management plans, and land use plans. 

‘‘(9) CONSIDERATION IN PROJECT DEVELOPMENT AND PERMITTING.—If a programmatic environmental mitigation plan has 

been developed under this subsection, any Federal agency 

responsible for environmental reviews, permits, or approvals 

for a water resources development project may use the recommendations in that programmatic environmental mitigation 

plan when carrying out the responsibilities of the agency under 

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 

et seq.). 

‘‘(10) PRESERVATION OF EXISTING AUTHORITIES.—Nothing 

in this subsection limits the use of programmatic approaches 

to reviews under the National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.). 

‘‘(11) MITIGATION FOR EXISTING PROJECTS.—Nothing in this 

subsection requires the Secretary to undertake additional mitigation for existing projects for which mitigation has already 

been initiated. 

‘‘(i) THIRD-PARTY MITIGATION ARRANGEMENTS.— 

‘‘(1) ELIGIBLE ACTIVITIES.—In accordance with all applicable 

Federal laws (including regulations), mitigation efforts carried 

out under this section may include— 

‘‘(A) participation in mitigation banking or other thirdparty mitigation arrangements, such as— 

‘‘(i) the purchase of credits from commercial or 

State, regional, or local agency-sponsored mitigation 

banks; and 

‘‘(ii) the purchase of credits from in-lieu fee mitigation programs; and 

‘‘(B) contributions to statewide and regional efforts to 

conserve, restore, enhance, and create natural habitats and 

wetlands if the Secretary determines that the contributions 

will ensure that the mitigation requirements of this section 

and the goals of section 307(a)(1) of the Water Resources 

Development Act of 1990 (33 U.S.C. 2317(a)(1)) will be 

met. 

‘‘(2) INCLUSION OF OTHER ACTIVITIES.—The banks, programs, and efforts described in paragraph (1) include any 

banks, programs, and efforts developed in accordance with 

applicable law (including regulations). 

‘‘(3) TERMS AND CONDITIONS.—In carrying out natural 

habitat and wetlands mitigation efforts under this section, contributions to the mitigation effort may— 

‘‘(A) take place concurrent with, or in advance of, the 

commitment of funding to a project; and 

‘‘(B) occur in advance of project construction only if 

the efforts are consistent with all applicable requirements 

of Federal law (including regulations) and water resources 

development planning processes. 

Determination. 

Deadline. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1243 

‘‘(4) PREFERENCE.—At the request of the non-Federal 

project sponsor, preference may be given, to the maximum 

extent practicable, to mitigating an environmental impact 

through the use of a mitigation bank, in-lieu fee, or other 

third-party mitigation arrangement, if the use of credits from 

the mitigation bank or in-lieu fee, or the other third-party 

mitigation arrangement for the project has been approved by 

the applicable Federal agency.’’. 

(b) APPLICATION.—The amendments made by subsection (a) 

shall not apply to a project for which a mitigation plan has been 

completed as of the date of enactment of this Act. 

(c) TECHNICAL ASSISTANCE.— (1) IN GENERAL.—The Secretary may provide technical 

assistance to States and local governments to establish thirdparty mitigation instruments, including mitigation banks and 

in-lieu fee programs, that will help to target mitigation payments to high-priority ecosystem restoration actions. 

(2) REQUIREMENTS.—In providing technical assistance 

under this subsection, the Secretary shall give priority to States 

and local governments that have developed State, regional, 

or watershed-based plans identifying priority restoration 

actions. 

(3) MITIGATION INSTRUMENTS.—The Secretary shall seek 

to ensure any technical assistance provided under this subsection will support the establishment of mitigation 

instruments that will result in restoration of high-priority areas 

identified in the plans under paragraph (2). 

SEC. 1041. MITIGATION STATUS REPORT. 

Section 2036(b) of the Water Resources Development Act of 

2007 (33 U.S.C. 2283a) is amended— 

(1) by redesignating paragraph (3) as paragraph (4); and 

(2) by inserting after paragraph (2) the following: 

‘‘(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)).’’. 

SEC. 1042. REPORTS TO CONGRESS. 

(a) IN GENERAL.—Subject to the availability of appropriations, 

the Secretary shall complete and submit to Congress by the 

applicable date required the reports that address public safety 

and enhanced local participation in project delivery described in 

subsection (b). 

(b) REPORTS.—The reports referred to in subsection (a) are 

the reports required under— 

(1) subparagraphs (A) and (B) of section 1043(a)(5); 

(2) section 1046(a)(2)(B); 

(3) section 210(e)(3) of the Water Resources Development 

Act of 1986 (33 U.S.C. 2238(e)(3)) (as amended by section 

2102(a)); and 

33 USC 2201 

note. 

33 USC 2283c. 

33 USC 2283 

note. 


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128 STAT. 1244 PUBLIC LAW 113–121—JUNE 10, 2014 

(4) section 7001. 

(c) FAILURE TO PROVIDE A COMPLETED REPORT.— 

(1) IN GENERAL.—Subject to subsection (d), if the Secretary 

fails to provide a report listed under subsection (b) by the 

date that is 180 days after the applicable date required for 

that report, $5,000 shall be reprogrammed from the General 

Expenses account of the civil works program of the Army Corps 

of Engineers into the account of the division of the Army 

Corps of Engineers with responsibility for completing that 

report. 

(2) SUBSEQUENT REPROGRAMMING.—Subject to subsection 

(d), for each additional week after the date described in paragraph (1) in which a report described in that paragraph remains 

uncompleted and unsubmitted to Congress, $5,000 shall be 

reprogrammed from the General Expenses account of the civil 

works program of the Army Corps of Engineers into the account 

of the division of the Secretary of the Army with responsibility 

for completing that report. 

(d) LIMITATIONS.— 

(1) IN GENERAL.—For each report, the total amounts 

reprogrammed under subsection (c) shall not exceed, in any 

fiscal year, $50,000. 

(2) AGGREGATE LIMITATION.—The total amount 

reprogrammed under subsection (c) in a fiscal year shall not 

exceed $200,000. 

(e) NO FAULT OF THE SECRETARY.—Amounts shall not be 

reprogrammed under subsection (c) if the Secretary certifies in 

a letter to the applicable committees of Congress that— 

(1) a major modification has been made to the content 

of the report that requires additional analysis for the Secretary 

to make a final decision on the report; 

(2) amounts have not been appropriated to the agency 

under this Act or any other Act to carry out the report; or 

(3) additional information is required from an entity other 

than the Corps of Engineers and is not available in a timely 

manner to complete the report by the deadline. 

(f) LIMITATION.—The Secretary shall not reprogram funds to 

the General Expenses account of the civil works program of the 

Corps of Engineers for the loss of the funds. 

SEC. 1043. NON-FEDERAL IMPLEMENTATION PILOT PROGRAM. 

(a) NON-FEDERAL IMPLEMENTATION OF FEASIBILITY STUDIES.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of enactment of this Act, the Secretary shall establish and 

implement a pilot program to evaluate the cost-effectiveness 

and project delivery efficiency of allowing non-Federal interests 

to carry out feasibility studies for flood risk management, hurricane and storm damage reduction, aquatic ecosystem restoration, and coastal harbor and channel and inland navigation. 

(2) PURPOSES.—The purposes of the pilot program are— 

(A) to identify project delivery and cost-saving alternatives to the existing feasibility study process; 

(B) to evaluate the technical, financial, and organizational efficiencies of a non-Federal interest carrying out 

a feasibility study of 1 or more projects; and 

Deadline. 

Evaluation. 

33 USC 2201 

note. 

Certification. 

Deadline. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1245 

(C) to evaluate alternatives for the decentralization 

of the project planning, management, and operational 

decisionmaking process of the Corps of Engineers. 

(3) ADMINISTRATION.— 

(A) IN GENERAL.—On the request of a non-Federal 

interest, the Secretary may enter into an agreement with 

the non-Federal interest for the non-Federal interest to 

provide full project management control of a feasibility 

study for a project for— 

(i) flood risk management; 

(ii) hurricane and storm damage reduction, 

including levees, floodwalls, flood control channels, and 

water control structures; 

(iii) coastal harbor and channel and inland navigation; and 

(iv) aquatic ecosystem restoration. 

(B) USE OF NON-FEDERAL FUNDS.— 

(i) IN GENERAL.—A non-Federal interest that has 

entered into an agreement with the Secretary pursuant 

to subparagraph (A) may use non-Federal funds to 

carry out the feasibility study. 

(ii) CREDIT.—The Secretary shall credit towards 

the non-Federal share of the cost of construction of 

a project for which a feasibility study is carried out 

under this subsection an amount equal to the portion 

of the cost of developing the study that would have 

been the responsibility of the Secretary, if the study 

were carried out by the Secretary, subject to the conditions that— 

(I) non-Federal funds were used to carry out 

the activities that would have been the responsibility of the Secretary; 

(II) the Secretary determines that the feasibility study complies with all applicable Federal 

laws and regulations; and 

(III) the project is authorized by any provision 

of Federal law enacted after the date on which 

an agreement is entered into under subparagraph 

(A). 

(C) TRANSFER OF FUNDS.— 

(i) IN GENERAL.—After the date on which an agreement is executed pursuant to subparagraph (A), the 

Secretary may transfer to the non-Federal interest to 

carry out the feasibility study— 

(I) if applicable, the balance of any unobligated 

amounts appropriated for the study, except that 

the Secretary shall retain sufficient amounts for 

the Corps of Engineers to carry out any responsibilities of the Corps of Engineers relating to the 

project and pilot program; and 

(II) additional amounts, as determined by the 

Secretary, from amounts made available under 

paragraph (8), except that the total amount transferred to the non-Federal interest shall not exceed 

the updated estimate of the Federal share of the 

cost of the feasibility study. 

Contracts. 


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(ii) ADMINISTRATION.—The Secretary shall include 

such provisions as the Secretary determines to be necessary in an agreement under subparagraph (A) to 

ensure that a non-Federal interest receiving Federal 

funds under this paragraph— 

(I) has the necessary qualifications to administer those funds; and 

(II) will comply with all applicable Federal 

laws (including regulations) relating to the use 

of those funds. 

(D) NOTIFICATION.—The Secretary shall notify the 

Committee on Environment and Public Works of the Senate 

and the Committee on Transportation and Infrastructure 

of the House of Representatives on the initiation of each 

feasibility study under the pilot program. 

(E) AUDITING.—The Secretary shall regularly monitor 

and audit each feasibility study carried out by a nonFederal interest under this section to ensure that the use 

of any funds transferred under subparagraph (C) are used 

in compliance with the agreement signed under subparagraph (A). 

(F) TECHNICAL ASSISTANCE.—On the request of a nonFederal interest, the Secretary may provide technical 

assistance to the non-Federal interest relating to any aspect 

of the feasibility study, if the non-Federal interest contracts 

with the Secretary for the technical assistance and compensates the Secretary for the technical assistance. 

(G) DETAILED PROJECT SCHEDULE.—Not later than 180 

days after entering into an agreement under subparagraph 

(A), each non-Federal interest, to the maximum extent 

practicable, shall submit to the Secretary a detailed project 

schedule, based on full funding capability, that lists all 

deadlines for milestones relating to the feasibility study. 

(4) COST SHARE.—Nothing in this subsection affects the 

cost-sharing requirement applicable on the day before the date 

of enactment of this Act to a feasibility study carried out 

under this subsection. 

(5) REPORT.— 

(A) IN GENERAL.—Not later than 2 years after 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 publicly available a report detailing the results of the pilot 

program carried out under this section, including— 

(i) a description of the progress of the non-Federal 

interests in meeting milestones in detailed project 

schedules developed pursuant to paragraph (3)(G); and 

(ii) any recommendations of the Secretary concerning whether the program or any component of 

the program should be implemented on a national 

basis. 

(B) UPDATE.—Not later than 5 years after the date 

of enactment of this Act, the Secretary shall submit to 

the Committee on Environment and Public Works of the 

Public 

information. 

Deadline. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1247 

Senate and the Committee on Transportation and Infrastructure of the House of Representatives an update of 

the report described in subparagraph (A). 

(C) FAILURE TO MEET DEADLINE.—If the Secretary fails 

to submit a report by the required deadline under this 

paragraph, 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 detailed explanation of why 

the deadline was missed and a projected date for submission of the report. 

(6) ADMINISTRATION.—All laws and regulations that would 

apply to the Secretary if the Secretary were carrying out the 

feasibility study shall apply to a non-Federal interest carrying 

out a feasibility study under this subsection. 

(7) TERMINATION OF AUTHORITY.—The authority to commence a feasibility study under this subsection terminates on 

the date that is 5 years after the date of enactment of this 

Act. 

(8) AUTHORIZATION OF APPROPRIATIONS.—In addition to any 

amounts appropriated for a specific project, there is authorized 

to be appropriated to the Secretary to carry out the pilot program under this subsection, including the costs of administration of the Secretary, $25,000,000 for each of fiscal years 2015 

through 2019. 

(b) NON-FEDERAL PROJECT IMPLEMENTATION PILOT PROGRAM.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of enactment of this Act, the Secretary shall establish and 

implement a pilot program to evaluate the cost-effectiveness 

and project delivery efficiency of allowing non-Federal interests 

to carry out flood risk management, hurricane and storm damage reduction, coastal harbor and channel inland navigation, 

and aquatic ecosystem restoration projects. 

(2) PURPOSES.—The purposes of the pilot program are— 

(A) to identify project delivery and cost-saving alternatives that reduce the backlog of authorized Corps of 

Engineers projects; 

(B) to evaluate the technical, financial, and organizational efficiencies of a non-Federal interest carrying out 

the design, execution, management, and construction of 

1 or more projects; and 

(C) to evaluate alternatives for the decentralization 

of the project management, design, and construction for 

authorized Corps of Engineers water resources projects. 

(3) ADMINISTRATION.— 

(A) IN GENERAL.—In carrying out the pilot program, 

the Secretary shall— 

(i) identify a total of not more than 15 projects 

for flood risk management, hurricane and storm damage reduction (including levees, floodwalls, flood control 

channels, and water control structures), coastal harbor 

and channels, inland navigation, and aquatic ecosystem restoration that have been authorized for 

construction prior to the date of enactment of this 

Act, including— 

(I) not more than 12 projects that— 

Deadline. 

Applicability. 


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128 STAT. 1248 PUBLIC LAW 113–121—JUNE 10, 2014 

(aa)(AA) have received Federal funds prior 

to the date of enactment of this Act; or 

(BB) for more than 2 consecutive fiscal 

years, have an unobligated funding balance 

for that project in the Corps of Engineers 

construction account; and 

(bb) to the maximum extent practicable, 

are located in each of the divisions of the 

Corps of Engineers; and 

(II) not more than 3 projects that have not 

received Federal funds in the period beginning 

on the date on which the project was authorized 

and ending on the date of enactment of this Act; 

(ii) notify the Committee on Environment and 

Public Works of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives on the identification of each project under 

the pilot program; 

(iii) in collaboration with the non-Federal interest, 

develop a detailed project management plan for each 

identified project that outlines the scope, budget, 

design, and construction resource requirements necessary for the non-Federal interest to execute the 

project, or a separable element of the project; 

(iv) on the request of the non-Federal interest, 

enter into a project partnership agreement with the 

non-Federal interest for the non-Federal interest to 

provide full project management control for construction of the project, or a separable element of the project, 

in accordance with plans approved by the Secretary; 

(v) following execution of the project partnership 

agreement, transfer to the non-Federal interest to carry 

out construction of the project, or a separable element 

of the project— 

(I) if applicable, the balance of the unobligated 

amounts appropriated for the project, except that 

the Secretary shall retain sufficient amounts for 

the Corps of Engineers to carry out any responsibilities of the Corps of Engineers relating to the 

project and pilot program; and 

(II) additional amounts, as determined by the 

Secretary, from amounts made available under 

paragraph (8), except that the total amount transferred to the non-Federal interest shall not exceed 

the updated estimate of the Federal share of the 

cost of construction, including any required design; 

and 

(vi) regularly monitor and audit each project being 

constructed by a non-Federal interest under this section to ensure that the construction activities are carried out in compliance with the plans approved by 

the Secretary and that the construction costs are 

reasonable. 

(B) DETAILED PROJECT SCHEDULE.—Not later than 180 

days after entering into an agreement under subparagraph 

(A)(iv), each non-Federal interest, to the maximum extent 

practicable, shall submit to the Secretary a detailed project 

Deadline. 

Audit. 

Contracts. 

Plan. 

Notification. 

Time period. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1249 

schedule, based on estimated funding levels, that lists all 

deadlines for each milestone in the construction of the 

project. 

(C) TECHNICAL ASSISTANCE.—On the request of a nonFederal interest, the Secretary may provide technical 

assistance to the non-Federal interest, if the non-Federal 

interest contracts with and compensates the Secretary for 

the technical assistance relating to— 

(i) any study, engineering activity, and design 

activity for construction carried out by the non-Federal 

interest under this subsection; and 

(ii) expeditiously obtaining any permits necessary 

for the project. 

(4) COST SHARE.—Nothing in this subsection affects the 

cost-sharing requirement applicable on the day before the date 

of enactment of this Act to a project carried out under this 

subsection. 

(5) REPORT.— 

(A) IN GENERAL.—Not later than 3 years after 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 publicly available a report detailing the results of the pilot 

program carried out under this subsection, including— 

(i) a description of the progress of non-Federal 

interests in meeting milestones in detailed project 

schedules developed pursuant to paragraph (2)(B); and 

(ii) any recommendations of the Secretary concerning whether the program or any component of 

the program should be implemented on a national 

basis. 

(B) UPDATE.—Not later than 5 years after 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 an update of 

the report described in subparagraph (A). 

(C) FAILURE TO MEET DEADLINE.—If the Secretary fails 

to submit a report by the required deadline under this 

paragraph, 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 detailed explanation of why 

the deadline was missed and a projected date for submission of the report. 

(6) ADMINISTRATION.—All laws and regulations that would 

apply to the Secretary if the Secretary were carrying out the 

project shall apply to a non-Federal interest carrying out a 

project under this subsection. 

(7) TERMINATION OF AUTHORITY.—The authority to commence a project under this subsection terminates on the date 

that is 5 years after the date of enactment of this Act. 

(8) AUTHORIZATION OF APPROPRIATIONS.—In addition to any 

amounts appropriated for a specific project, there is authorized 

Applicability. 

Public 

information. 


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128 STAT. 1250 PUBLIC LAW 113–121—JUNE 10, 2014 

to be appropriated to the Secretary to carry out the pilot program under this subsection, including the costs of administration of the Secretary, $25,000,000 for each of fiscal years 2015 

through 2019. 

SEC. 1044. INDEPENDENT PEER REVIEW. 

(a) MANDATORY PROJECT STUDIES SUBJECT TO PEER REVIEW.— Section 2034(a)(3)(A)(i) of the Water Resources Development Act 

of 2007 (33 U.S.C. 2343(a)(3)(A)(i)) is amended by striking 

‘‘$45,000,000’’ and inserting ‘‘$200,000,000’’. 

(b) TIMING OF PEER REVIEW.—Section 2034(b) of the Water 

Resources Development Act of 2007 (33 U.S.C. 2343(b)) is 

amended— 

(1) by redesignating paragraph (3) as paragraph (4); and 

(2) by inserting after paragraph (2) the following: 

‘‘(3) REASONS FOR TIMING.—If the Chief of Engineers does 

not initiate a peer review for a project study at a time described 

in paragraph (2), the Chief shall— 

‘‘(A) not later than 7 days after the date on which 

the Chief of Engineers determines not to initiate a peer 

review— 

‘‘(i) notify the Committee on Environment and 

Public Works of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives of that decision; and 

‘‘(ii) make publicly available, including on the 

Internet, the reasons for not conducting the review; 

and 

‘‘(B) include the reasons for not conducting the review 

in the decision document for the project study.’’. 

(c) ESTABLISHMENT OF PANELS.—Section 2034(c) of the Water 

Resources Development Act of 2007 (33 U.S.C. 2343(c)) is amended 

by striking paragraph (4) and inserting the following: 

‘‘(4) CONGRESSIONAL AND PUBLIC NOTIFICATION.—Following 

the identification of a project study for peer review under 

this section, but prior to initiation of the review by the panel 

of experts, the Chief of Engineers shall, not later than 7 days 

after the date on which the Chief of Engineers determines 

to conduct a review— 

‘‘(A) notify the Committee on Environment and Public 

Works of the Senate and the Committee on Transportation 

and Infrastructure of the House of Representatives of the 

review conducted under this section; and 

‘‘(B) make publicly available, including on the Internet, 

information on— 

‘‘(i) the dates scheduled for beginning and ending 

the review; 

‘‘(ii) the entity that has the contract for the review; 

and 

‘‘(iii) the names and qualifications of the panel 

of experts.’’. 

(d) RECOMMENDATIONS OF PANEL.—Section 2034(f) of the Water 

Resources Development Act of 2007 (33 U.S.C. 2343(f)) is amended 

by striking paragraph (2) and inserting the following: 

‘‘(2) PUBLIC AVAILABILITY AND SUBMISSION TO CONGRESS.— After receiving a report on a project study from a panel of 

experts under this section, the Chief of Engineers shall make 

Web posting. 

Records. 

Deadlines. 

Public 

information. 

Web posting. 

Notification. 

Deadline. 

Public 

information. 

Web posting. 

Notification. 

Deadline. 

Determination. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1251 

available to the public, including on the Internet, 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— 

‘‘(A) a copy of the report not later than 7 days after 

the date on which the report is delivered to the Chief 

of Engineers; and 

‘‘(B) a copy of any written response of the Chief of 

Engineers on recommendations contained in the report not 

later than 3 days after the date on which the response 

is delivered to the Chief of Engineers. 

‘‘(3) INCLUSION IN PROJECT STUDY.—A report on a project 

study from a panel of experts under this section and the written 

response of the Chief of Engineers shall be included in the 

final decision document for the project study.’’. 

(e) APPLICABILITY.—Section 2034(h)(2) of the Water Resources 

Development Act of 2007 (33 U.S.C. 2343(h)(2)) is amended by 

striking ‘‘7 years’’ and inserting ‘‘12 years’’. 

SEC. 1045. REPORT ON SURFACE ELEVATIONS AT DROUGHT AFFECTED 

LAKES. 

(a) IN GENERAL.—Not later than 180 days after the date of 

enactment of this Act, the Secretary, in coordination with the Federal Energy Regulatory Commission (referred to in this section 

as ‘‘FERC’’), shall initiate an assessment of the effects of drought 

conditions on lakes managed by the Secretary that are affected 

by FERC-licensed reservoirs, which shall include an assessment 

of— 

(1) lake levels and rule curves in areas of previous, current, 

and prolonged drought; and 

(2) the effect the long-term FERC licenses have on the 

ability of the Secretary to manage lakes for hydropower generation, navigation, flood protection, water supply, fish and wildlife, and recreation. 

(b) REPORT.—The Secretary, in coordination with the FERC, 

shall submit to Congress and make publicly available a report 

on the assessment carried out under subsection (a). 

SEC. 1046. RESERVOIR OPERATIONS AND WATER SUPPLY. 

(a) DAM OPTIMIZATION.— (1) DEFINITION OF PROJECT.—In this subsection, the term 

‘‘project’’ means a water resources development project that 

is operated and maintained by the Secretary. 

(2) REPORTS.— (A) ASSESSMENT OF WATER SUPPLY IN ARID REGIONS.— (i) IN GENERAL.—The Secretary shall conduct an 

assessment of the management practices, priorities, 

and authorized purposes at Corps of Engineers reservoirs in arid regions to determine the effects of such 

practices, priorities, and purposes on water supply 

during periods of drought. 

(ii) INCLUSIONS.—The assessment under clause (i) 

shall identify actions that can be carried out within 

the scope of existing authorities of the Secretary to 

increase project flexibility for the purpose of mitigating 

drought impacts. 

(iii) REPORT.—Not later than 1 year after the date 

of enactment of this Act, the Secretary shall submit 

Public 

information. 

33 USC 2319 

note. 

Public 

information. 

Assessment. 


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128 STAT. 1252 PUBLIC LAW 113–121—JUNE 10, 2014 

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 the assessment. 

(B) UPDATED REPORT.— (i) IN GENERAL.—Not later than 2 years after the 

date of enactment of this Act, the Secretary shall 

update and make publicly available the report entitled 

‘‘Authorized and Operating Purposes of Corps of Engineers Reservoirs’’ and dated July 1992, which was 

produced pursuant to section 311 of the Water 

Resources Development Act of 1990 (104 Stat. 4639). 

(ii) INCLUSIONS.—The updated report described in 

clause (i) shall— 

(I) include— 

(aa) the date on which the most recent 

review of project operations was conducted and 

any recommendations of the Secretary relating 

to that review the Secretary determines to 

be significant; 

(bb) the activities carried out pursuant 

to each such review to improve the efficiency 

of operations and maintenance and to improve 

project benefits consistent with authorized 

purposes; 

(cc) the degree to which reviews of project 

operations and subsequent activities pursuant 

to completed reviews complied with the policies and requirements of applicable law and 

regulations; and 

(dd) a plan for reviewing the operations 

of individual projects, including a detailed 

schedule for future reviews of project operations, that— 

(AA) complies with the polices and 

requirements of applicable law and regulations; 

(BB) gives priority to reviews and 

activities carried out pursuant to such 

plan where the Secretary determines that 

there is support for carrying out those 

reviews and activities; and 

(CC) ensures that reviews and activities are carried out pursuant to such plan; 

(II) be coordinated with appropriate Federal, 

State, and local agencies and those public and 

private entities that the Secretary determines may 

be affected by those reviews or activities; 

(III) not supersede or modify any written 

agreement between the Federal Government and 

a non-Federal interest that is in effect on the 

date of enactment of this Act; 

(IV) not supersede or authorize any amendment to a multistate water control plan, including 

the Missouri River Master Water Control Manual 

(as in effect on the date of enactment of this Act); 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1253 

(V) not affect any water right in existence 

on the date of enactment of this Act; 

(VI) not preempt or affect any State water 

law or interstate compact governing water; 

(VII) not affect any authority of a State, as 

in effect on the date of enactment of this Act, 

to manage water resources within that State; and 

(VIII) comply with section 301 of the Water 

Supply Act of 1958 (43 U.S.C. 390b). 

(3) GENERAL ACCOUNTABILITY OFFICE REPORT TO CON- GRESS.—The Comptroller General shall— 

(A) conduct an audit to determine— 

(i) whether reviews of project operations carried 

out by the Secretary prior to the date of enactment 

of this Act complied with the policies and requirements 

of applicable law and regulations; and 

(ii) whether the plan developed by the Secretary 

pursuant to paragraph (2)(B)(ii)(I)(dd) complies with 

this subsection and with the policies and requirements 

of applicable law and regulation; and 

(B) not later than 2 years after the date of enactment 

of this Act, submit to Congress a report that— 

(i) summarizes the results of the audit required 

by subparagraph (A); 

(ii) includes an assessment of whether existing 

practices for managing and reviewing project operations could result in greater efficiencies that would 

enable the Corps of Engineers to better prepare for, 

contain, and respond to flood, storm, and drought 

conditions; and 

(iii) includes recommendations for improving the 

review of project operations to improve the efficiency 

and effectiveness of such operations and to better 

achieve authorized purposes while enhancing overall 

project benefits. 

(4) INTERAGENCY AND COOPERATIVE AGREEMENTS.—The Secretary may enter into interagency agreements with other Federal agencies and cooperative agreements with non-Federal 

entities to carry out this subsection and reviews of project 

operations or activities resulting from those reviews. 

(5) FUNDING.— 

(A) IN GENERAL.—The Secretary may use to carry out 

this subsection, including any reviews of project operations 

identified in the plan developed under paragraph 

(2)(B)(ii)(I)(dd), amounts made available to the Secretary. 

(B) FUNDING FROM OTHER SOURCES.—The Secretary 

may accept and expend amounts from non-Federal entities 

and other Federal agencies to carry out this subsection 

and reviews of project operations or activities resulting 

from those reviews. 

(6) EFFECT OF SUBSECTION.— (A) IN GENERAL.—Nothing in this subsection changes 

the authorized purpose of any Corps of Engineers dam 

or reservoir. 

(B) ADMINISTRATION.—The Secretary may carry out 

any recommendations and activities under this subsection 

pursuant to existing law. 

Recommendations. 

Assessment. 

Audit. 


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128 STAT. 1254 PUBLIC LAW 113–121—JUNE 10, 2014 

(b) IMPROVING PLANNING AND ADMINISTRATION OF WATER

SUPPLY STORAGE.— (1) IN GENERAL.—For each water supply feature of a reservoir managed by the Secretary, the Secretary shall notify 

the applicable non-Federal interests before each fiscal year 

of the anticipated operation and maintenance activities for that 

fiscal year and each of the subsequent 4 fiscal years (including 

the cost of those activities) for which the non-Federal interests 

are required to contribute amounts. 

(2) CLARIFICATION.—The information provided to a nonFederal interest under paragraph (1) shall— 

(A) be an estimate which the non-Federal interest may 

use for planning purposes; and 

(B) not be construed as or relied upon by the nonFederal interest as the actual amounts that the non-Federal interest will be required to contribute. 

(c) SURPLUS WATER STORAGE.— 

(1) IN GENERAL.—The Secretary shall not charge a fee 

for surplus water under a contract entered into pursuant to 

section 6 of the Act of December 22, 1944 (commonly known 

as the ‘‘Flood Control Act of 1944’’) (33 U.S.C. 708) if the 

contract is for surplus water stored in the Upper Missouri 

Mainstem Reservoirs. 

(2) OFFSET.— 

(A) IN GENERAL.—Subject to subparagraph (B), of any 

amounts made available to the Secretary to carry out activities under the heading ‘‘OPERATION AND MAINTENANCE’’ 

under the heading ‘‘CORPS OF ENGINEERS–CIVIL’’ that 

remain unobligated as of the date of enactment of this 

Act, $5,000,000 is rescinded. 

(B) RESTRICTION.—No amounts that have been designated by Congress as being for emergency requirements 

pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 

and Emergency Deficit Control Act of 1985 (2 U.S.C. 

901(b)(2)(A)(i)) shall be rescinded under subparagraph (A). 

(3) LIMITATION.—The limitation provided under paragraph 

(1) shall expire on the date that is 10 years after the date 

of enactment of this Act. 

(4) APPLICABILITY.—Nothing in this subsection— 

(A) affects the authority of the Secretary under section 

2695 of title 10, United States Code, to accept funds or 

to cover the administrative expenses relating to certain 

real property transactions; or 

(B) affects the application of section 6 of the Act of 

December 22, 1944 (commonly known as the ‘‘Flood Control 

Act of 1944’’) (33 U.S.C. 708) to surplus water stored outside 

of the Upper Missouri Mainstem Reservoirs. 

(d) FUTURE WATER SUPPLY.—Section 301 of the Water Supply 

Act of 1958 (43 U.S.C. 390b) is amended— 

(1) by redesignating subsections (c) and (d) as subsections 

(d) and (e), respectively; and 

(2) by inserting after subsection (b) the following: 

‘‘(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 

Time period. 

Expiration date. 

Recission. 

Notification. 

43 USC 390b–1. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1255 

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.’’. 

SEC. 1047. SPECIAL USE PERMITS. 

(a) SPECIAL USE PERMITS.— 

(1) IN GENERAL.—The Secretary may issue special permits 

for uses such as group activities, recreation events, motorized 

recreation vehicles, and such other specialized recreation uses 

as the Secretary determines to be appropriate, subject to such 

terms and conditions as the Secretary determines to be in 

the best interest of the Federal Government. 

(2) FEES.— 

(A) IN GENERAL.—In carrying out this subsection, the 

Secretary may— 

(i) establish and collect fees associated with the 

issuance of the permits described in paragraph (1); 

or 

(ii) accept in-kind services in lieu of those fees. 

(B) OUTDOOR RECREATION EQUIPMENT.—The Secretary 

may establish and collect fees for the provision of outdoor 

recreation equipment and services for activities described 

in paragraph (1) at public recreation areas located at lakes 

and reservoirs operated by the Corps of Engineers. 

33 USC 2328a. 

Deadline. 


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128 STAT. 1256 PUBLIC LAW 113–121—JUNE 10, 2014 

(C) USE OF FEES.—Any fees generated pursuant to 

this subsection shall be— 

(i) retained at the site collected; and 

(ii) available for use, without further appropriation, solely for administering the special permits under 

this subsection and carrying out related operation and 

maintenance activities at the site at which the fees 

are collected. 

(b) COOPERATIVE MANAGEMENT.— (1) PROGRAM.— (A) IN GENERAL.—Subject to subparagraph (B), the Secretary may enter into an agreement with a State or local 

government to provide for the cooperative management 

of a public recreation area if— 

(i) the public recreation area is located— 

(I) at a lake or reservoir operated by the Corps 

of Engineers; and 

(II) adjacent to or near a State or local park 

or recreation area; and 

(ii) the Secretary determines that cooperative 

management between the Corps of Engineers and a 

State or local government agency of a portion of the 

Corps of Engineers recreation area or State or local 

park or recreation area will allow for more effective 

and efficient management of those areas. 

(B) RESTRICTION.—The Secretary may not transfer 

administration responsibilities for any public recreation 

area operated by the Corps of Engineers. 

(2) ACQUISITION OF GOODS AND SERVICES.—The Secretary 

may acquire from or provide to a State or local government 

with which the Secretary has entered into a cooperative agreement under paragraph (1) goods and services to be used by 

the Secretary and the State or local government in the cooperative management of the areas covered by the agreement. 

(3) ADMINISTRATION.—The Secretary may enter into 1 or 

more cooperative management agreements or such other 

arrangements as the Secretary determines to be appropriate, 

including leases or licenses, with non-Federal interests to share 

the costs of operation, maintenance, and management of recreation facilities and natural resources at recreation areas that 

are jointly managed and funded under this subsection. 

(c) USE OF FUNDS.— 

(1) IN GENERAL.—If the Secretary determines that it is 

in the public interest for purposes of enhancing recreation 

opportunities at Corps of Engineers water resources development projects, the Secretary may use funds made available 

to the Secretary to support activities carried out by State, 

local, and tribal governments and such other public or private 

nonprofit entities as the Secretary determines to be appropriate. 

(2) COOPERATIVE AGREEMENTS.—Any use of funds pursuant 

to this subsection shall be carried out through the execution 

of a cooperative agreement, which shall contain such terms 

and conditions as the Secretary determines to be necessary 

in the public interest. 

(d) SERVICES OF VOLUNTEERS.—Chapter IV of title I of Public 

Law 98–63 (33 U.S.C. 569c) is amended in the first sentence by 

inserting ‘‘, including expenses relating to uniforms, transportation, 

Determination. 

Determination. 

Contracts. 


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lodging, and the subsistence of those volunteers,’’ after ‘‘incidental 

expenses’’. 

(e) TRAINING AND EDUCATIONAL ACTIVITIES.—Section 213(a) of 

the Water Resources Development Act of 2000 (33 U.S.C. 2339) 

is amended by striking ‘‘at’’ and inserting ‘‘about’’. 

SEC. 1048. AMERICA THE BEAUTIFUL NATIONAL PARKS AND FEDERAL 

RECREATIONAL LANDS PASS PROGRAM. 

The Secretary may participate in the America the Beautiful 

National Parks and Federal Recreational Lands Pass program in 

the same manner as the National Park Service, the Bureau of 

Land Management, the United States Fish and Wildlife Service, 

the Forest Service, and the Bureau of Reclamation, including the 

provision of free annual passes to active duty military personnel 

and dependents. 

SEC. 1049. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND 

COUNTERMEASURE RULE. 

(a) DEFINITIONS.—In this section: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the Environmental Protection Agency. 

(2) FARM.—The term ‘‘farm’’ has the meaning given the 

term in section 112.2 of title 40, Code of Federal Regulations 

(or successor regulations). 

(3) GALLON.—The term ‘‘gallon’’ means a United States 

gallon. 

(4) OIL.—The term ‘‘oil’’ has the meaning given the term 

in section 112.2 of title 40, Code of Federal Regulations (or 

successor regulations). 

(5) OIL DISCHARGE.—The term ‘‘oil discharge’’ has the 

meaning given the term ‘‘discharge’’ in section 112.2 of title 

40, Code of Federal Regulations (or successor regulations). 

(6) REPORTABLE OIL DISCHARGE HISTORY.— 

(A) IN GENERAL.—Subject to subparagraph (B), the 

term ‘‘reportable oil discharge history’’ means a single oil 

discharge, as described in section 112.1(b) of title 40, Code 

of Federal Regulations (including successor regulations), 

that exceeds 1,000 gallons or 2 oil discharges, as described 

in section 112.1(b) of title 40, Code of Federal Regulations 

(including successor regulations), that each exceed 42 gallons within any 12-month period— 

(i) in the 3 years prior to the certification date 

of the Spill Prevention, Control, and Countermeasure 

plan (as described in section 112.3 of title 40, Code 

of Federal Regulations (including successor regulations); or 

(ii) since becoming subject to part 112 of title 40, 

Code of Federal Regulations, if the facility has been 

in operation for less than 3 years. 

(B) EXCLUSIONS.—The term ‘‘reportable oil discharge 

history’’ does not include an oil discharge, as described 

in section 112.1(b) of title 40, Code of Federal Regulations 

(including successor regulations), that is the result of a 

natural disaster, an act of war, or terrorism. 

(7) SPILL PREVENTION, CONTROL, AND COUNTERMEASURE

RULE.—The term ‘‘Spill Prevention, Control, and Countermeasure rule’’ means the regulation, including amendments, 

Time period. 

33 USC 1361 

note. 

16 USC 6804 

note. 


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promulgated by the Administrator under part 112 of title 40, 

Code of Federal Regulations (or successor regulations). 

(b) CERTIFICATION.—In implementing the Spill Prevention, Control, and Countermeasure rule with respect to any farm, the 

Administrator shall— 

(1) require certification by a professional engineer for a 

farm with— 

(A) an individual tank with an aboveground storage 

capacity greater than 10,000 gallons; 

(B) an aggregate aboveground storage capacity greater 

than or equal to 20,000 gallons; or 

(C) a reportable oil discharge history; or 

(2) allow certification by the owner or operator of the farm 

(via self-certification) for a farm with— 

(A) an aggregate aboveground storage capacity less 

than 20,000 gallons and greater than the lesser of— 

(i) 6,000 gallons; and 

(ii) the adjustment quantity established under subsection (d)(2); and 

(B) no reportable oil discharge history; and 

(3) not require compliance with the rule by any farm— 

(A) with an aggregate aboveground storage capacity 

greater than 2,500 gallons and less than the lesser of— 

(i) 6,000 gallons; and 

(ii) the adjustment quantity established under subsection (d)(2); and 

(B) no reportable oil discharge history; and 

(4) not require compliance with the rule by any farm with 

an aggregate aboveground storage capacity of less than 2,500 

gallons. 

(c) CALCULATION OF AGGREGATE ABOVEGROUND STORAGE

CAPACITY.—For purposes of subsection (b), the aggregate aboveground storage capacity of a farm excludes— 

(1) all containers on separate parcels that have a capacity 

that is 1,000 gallons or less; and 

(2) all containers holding animal feed ingredients approved 

for use in livestock feed by the Commissioner of Food and 

Drugs. 

(d) STUDY.— 

(1) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, the Administrator, in consultation 

with the Secretary of Agriculture, shall conduct a study to 

determine the appropriate exemption under paragraphs (2) and 

(3) of subsection (b), which shall be not more than 6,000 gallons 

and not less than 2,500 gallons, based on a significant risk 

of discharge to water. 

(2) ADJUSTMENT.—Not later than 18 months after the date 

on which the study described in paragraph (1) is complete, 

the Administrator, in consultation with the Secretary of Agriculture, shall promulgate a rule to adjust the exemption levels 

described in paragraphs (2) and (3) of subsection (b) in accordance with the study. 

SEC. 1050. NAMINGS. 

(a) DONALD G. WALDON LOCK AND DAM.—It is the sense of 

Congress that, at an appropriate time and in accordance with 

Tennessee. 

Regulations. 

Deadlines. 

Consultation. 


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the rules of the Senate and the House of Representatives, to recognize the contributions of Donald G. Waldon, whose selfless determination and tireless work, while serving as administrator of the 

Tennessee-Tombigbee Waterway for 21 years, contributed greatly 

to the realization and success of the Tennessee-Tombigbee Waterway Development Compact, that the lock and dam located at mile 

357.5 on the Tennessee-Tombigbee Waterway should be known 

and designated as the ‘‘Donald G. Waldon Lock and Dam’’. 

(b) REDESIGNATION OF LOWER MISSISSIPPI RIVER MUSEUM AND

RIVERFRONT INTERPRETIVE SITE.— 

(1) IN GENERAL.—Section 103(c)(1) of the Water Resources 

Development Act of 1992 (106 Stat. 4811) is amended by 

striking ‘‘Lower Mississippi River Museum and Riverfront 

Interpretive Site’’ and inserting ‘‘Jesse Brent Lower Mississippi 

River Museum and Riverfront Interpretive Site’’. 

(2) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the 

museum and interpretive site referred to in paragraph (1) shall 

be deemed to be a reference to the ‘‘Jesse Brent Lower Mississippi River Museum and Riverfront Interpretive Site’’. 

(c) JERRY F. COSTELLO LOCK AND DAM.— 

(1) REDESIGNATION.—The lock and dam located in Modoc, 

Illinois, authorized by the Act of July 3, 1930 (46 Stat. 927), 

and commonly known as the Kaskaskia Lock and Dam, is 

redesignated as the ‘‘Jerry F. Costello Lock and Dam’’. 

(2) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the 

lock and dam referred to in section 1 shall be deemed to 

be a reference to the ‘‘Jerry F. Costello Lock and Dam’’. 

SEC. 1051. INTERSTATE WATER AGREEMENTS AND COMPACTS. 

(a) WATER SUPPLY.—Section 301 of the Water Supply Act of 

1958 (43 U.S.C. 390b) (as amended by section 1046(d)) is amended 

by adding at the end the following: 

‘‘(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 


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the Water Supply Act of 1958 or other law. This subsection does 

not alter existing rights or obligations under law.’’. 

(b) SENSE OF CONGRESS REGARDING INTERSTATE WATER AGREEMENTS AND COMPACTS.— (1) FINDINGS.—Congress finds the following: 

(A) States and local interests have primary responsibility for developing water supplies for domestic, municipal, 

industrial, and other purposes. 

(B) The Federal Government cooperates with States 

and local interests in developing water supplies through 

the construction, maintenance, and operation of Federal 

water resources development projects. 

(C) Interstate water disputes are most properly 

addressed through interstate water agreements or compacts that take into consideration the concerns of all 

affected States. 

(2) SENSE OF CONGRESS.—It is the sense of Congress that— 

(A) Congress and the Secretary should urge States 

to reach agreement on interstate water agreements and 

compacts; 

(B) at the request of the Governor of a State, the 

Secretary should facilitate and assist in the development 

of an interstate water agreement or compact; 

(C) Congress should provide prompt consideration of 

interstate water agreements and compacts; and 

(D) the Secretary should adopt policies and implement 

procedures for the operation of reservoirs of the Corps 

of Engineers that are consistent with interstate water 

agreements and compacts. 

SEC. 1052. SENSE OF CONGRESS REGARDING WATER RESOURCES 

DEVELOPMENT BILLS. 

It is the sense of Congress that, because the missions of the 

Corps of Engineers are unique and benefit all individuals in the 

United States and because water resources development projects 

are critical to maintaining economic prosperity, national security, 

and environmental protection, Congress should consider a water 

resources development bill not less than once every Congress. 

TITLE II—NAVIGATION 

Subtitle A—Inland Waterways 

SEC. 2001. DEFINITIONS. 

In this title: 

(1) INLAND WATERWAYS TRUST FUND.—The term ‘‘Inland 

Waterways Trust Fund’’ means the Inland Waterways Trust 

Fund established by section 9506(a) of the Internal Revenue 

Code of 1986. 

(2) QUALIFYING PROJECT.—The term ‘‘qualifying project’’ 

means any construction or major rehabilitation project for 

navigation infrastructure of the inland and intracoastal waterways that is— 

(A) authorized before, on, or after the date of enactment 

of this Act; 

33 USC 2252 

note. 


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(B) not completed on the date of enactment of this 

Act; and 

(C) funded at least in part from the Inland Waterways 

Trust Fund. 

SEC. 2002. PROJECT DELIVERY PROCESS REFORMS. 

(a) REQUIREMENTS FOR QUALIFYING PROJECTS.—With respect 

to each qualifying project, the Secretary shall require— 

(1) for each project manager, that— 

(A) the project manager have formal project management training and certification; and 

(B) the project manager be assigned from among personnel certified by the Chief of Engineers; and 

(2) for an applicable cost estimation, that— 

(A) the Secretary utilize a risk-based cost estimate 

with a confidence level of at least 80 percent; and 

(B) the cost estimate be developed— 

(i) for a qualifying project that requires an increase 

in the authorized amount in accordance with section 

902 of the Water Resources Development Act of 1986 

(33 U.S.C. 2280), during the preparation of a postauthorization change report or other similar decision 

document; 

(ii) for a qualifying project for which the first 

construction contract has not been awarded, prior to 

the award of the first construction contract; 

(iii) for a qualifying project without a completed 

feasibility report in accordance with section 905 of 

the Water Resources Development Act of 1986 (33 

U.S.C. 2282), prior to the completion of such a report; 

and 

(iv) for a qualifying project with a completed feasibility report in accordance with section 905 of the 

Water Resources Development Act of 1986 (33 U.S.C. 

2282) that has not yet been authorized, during design 

for the qualifying project. 

(b) ADDITIONAL PROJECT DELIVERY PROCESS REFORMS.—Not 

later than 18 months after the date of enactment of this Act, 

the Secretary shall— 

(1) establish a system to identify and apply on a continuing 

basis best management practices from prior or ongoing qualifying projects to improve the likelihood of on-time and onbudget completion of qualifying projects; 

(2) evaluate early contractor involvement acquisition procedures to improve on-time and on-budget project delivery 

performance; and 

(3) implement any additional measures that the Secretary 

determines will achieve the purposes of this subtitle, 

including— 

(A) the implementation of applicable practices and 

procedures developed pursuant to management by the Secretary of an applicable military construction program; 

(B) the development and use of a portfolio of standard 

designs for inland navigation locks, incorporating the use 

of a center of expertise for the design and review of qualifying projects; 

Evaluation. 

Deadline. 

33 USC 2252. 


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(C) the use of full-funding contracts or formulation 

of a revised continuing contracts clause; and 

(D) the establishment of procedures for recommending 

new project construction starts using a capital projects 

business model. 

(c) PILOT PROJECTS.— (1) IN GENERAL.—Subject to paragraph (2), the Secretary 

may carry out pilot projects to evaluate processes and procedures for the study, design, and construction of qualifying 

projects. 

(2) INCLUSIONS.—At a minimum, the Secretary shall carry 

out pilot projects under this subsection to evaluate— 

(A) early contractor involvement in the development 

of features and components; 

(B) an appropriate use of continuing contracts for the 

construction of features and components; and 

(C) applicable principles, procedures, and processes 

used for military construction projects. 

(d) INLAND WATERWAYS USERS BOARD.—Section 302 of the 

Water Resources Development Act of 1986 (33 U.S.C. 2251) is 

amended— 

(1) by striking subsection (b) and inserting the following: 

‘‘(b) DUTIES OF USERS BOARD.— 

‘‘(1) IN GENERAL.—The Users Board shall meet not less 

frequently than semiannually to develop and make recommendations to the Secretary and Congress regarding the 

inland waterways and inland harbors of the United States. 

‘‘(2) ADVICE AND RECOMMENDATIONS.—For commercial 

navigation features and components of the inland waterways 

and inland harbors of the United States, the Users Board 

shall provide— 

‘‘(A) prior to the development of the budget proposal 

of the President for a given fiscal year, advice and recommendations to the Secretary regarding construction and 

rehabilitation priorities and spending levels; 

‘‘(B) advice and recommendations to Congress 

regarding any feasibility report for a project on the inland 

waterway system that has been submitted to Congress 

pursuant to section 7001 of the Water Resources Reform 

and Development Act of 2014; 

‘‘(C) advice and recommendations to Congress 

regarding an increase in the authorized cost of those features and components; 

‘‘(D) not later than 60 days after the date of the submission of the budget proposal of the President to Congress, 

advice and recommendations to Congress regarding 

construction and rehabilitation priorities and spending 

levels; and 

‘‘(E) advice and recommendations on the development 

of a long-term capital investment program in accordance 

with subsection (d). 

‘‘(3) PROJECT DEVELOPMENT TEAMS.—The chairperson of the 

Users Board shall appoint a representative of the Users Board 

to serve as an advisor to the project development team for 

a qualifying project or the study or design of a commercial 

navigation feature or component of the inland waterways and 

inland harbors of the United States. 

Appointment. 

Deadline. 

Recommendations. 

Procedures. 


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‘‘(4) INDEPENDENT JUDGMENT.—Any advice or recommendation made by the Users Board to the Secretary shall reflect 

the independent judgment of the Users Board.’’; 

(2) by striking subsection (c) and inserting the following: 

‘‘(c) DUTIES OF SECRETARY.—The Secretary shall— 

‘‘(1) communicate not less frequently than once each 

quarter to the Users Board the status of the study, design, 

or construction of all commercial navigation features or components of the inland waterways or inland harbors of the United 

States; and 

‘‘(2) submit to the Users Board a courtesy copy of all 

completed feasibility reports relating to a commercial navigation feature or component of the inland waterways or inland 

harbors of the United States. 

‘‘(d) CAPITAL INVESTMENT PROGRAM.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date 

of enactment of this subsection, the Secretary, in coordination 

with the Users Board, shall develop and submit to Congress 

a report describing a 20-year program for making capital investments on the inland and intracoastal waterways based on the 

application of objective, national project selection prioritization 

criteria. 

‘‘(2) CONSIDERATION.—In developing the program under 

paragraph (1), the Secretary shall take into consideration the 

20-year capital investment strategy contained in the Inland 

Marine Transportation System (IMTS) Capital Projects Business Model, Final Report published on April 13, 2010, as 

approved by the Users Board. 

‘‘(3) CRITERIA.—In developing the plan and prioritization 

criteria under paragraph (1), the Secretary shall ensure, to 

the maximum extent practicable, that investments made under 

the 20-year program described in paragraph (1)— 

‘‘(A) are made in all geographical areas of the inland 

waterways system; and 

‘‘(B) ensure efficient funding of inland waterways 

projects. 

‘‘(4) STRATEGIC REVIEW AND UPDATE.—Not later than 5 

years after the date of enactment of this subsection, and not 

less frequently than once every 5 years thereafter, the Secretary, in coordination with the Users Board, shall— 

‘‘(A) submit to Congress and make publicly available 

a strategic review of the 20-year program in effect under 

this subsection, which shall identify and explain any 

changes to the project-specific recommendations contained 

in the previous 20-year program (including any changes 

to the prioritization criteria used to develop the updated 

recommendations); and 

‘‘(B) make revisions to the program, as appropriate. 

‘‘(e) PROJECT MANAGEMENT PLANS.—The chairperson of the 

Users Board and the project development team member appointed 

by the chairperson under subsection (b)(3) may sign the project 

management plan for the qualifying project or the study or design 

of a commercial navigation feature or component of the inland 

waterways and inland harbors of the United States. 

‘‘(f) ADMINISTRATION.— ‘‘(1) IN GENERAL.—The Users Board shall be subject to 

the Federal Advisory Committee Act (5 U.S.C. App.), other 

Public 

information. 

Deadlines. 

Deadline. 

Reports. 

Records. 


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than section 14, and, with the consent of the appropriate agency 

head, the Users Board may use the facilities and services 

of any Federal agency. 

‘‘(2) MEMBERS NOT CONSIDERED SPECIAL GOVERNMENT

EMPLOYEES.—For the purposes of complying with the Federal 

Advisory Committee Act (5 U.S.C. App.), the members of the 

Users Board shall not be considered special Government 

employees (as defined in section 202 of title 18, United States 

Code). 

‘‘(3) TRAVEL EXPENSES.—Non-Federal members of the Users 

Board while engaged in the performance of their duties away 

from their homes or regular places of business, may be allowed 

travel expenses, including per diem in lieu of subsistence, as 

authorized by section 5703 of title 5, United States Code.’’. 

SEC. 2003. EFFICIENCY OF REVENUE COLLECTION. 

Not later than 2 years after the date of enactment of this 

Act, the Comptroller General of the United States shall prepare 

a report on the efficiency of collecting the fuel tax for the Inland 

Waterways Trust Fund, which shall include— 

(1) an evaluation of whether current methods of collection 

of the fuel tax result in full compliance with requirements 

of the law; 

(2) whether alternative methods of collection would result 

in increased revenues into the Inland Waterways Trust Fund; 

and 

(3) an evaluation of alternative collection options. 

SEC. 2004. INLAND WATERWAYS REVENUE STUDIES. 

(a) INLAND WATERWAYS CONSTRUCTION BONDS STUDY.— (1) STUDY.—The Secretary, in coordination with the heads 

of appropriate Federal agencies, shall conduct a study on the 

potential benefits and implications of authorizing the issuance 

of federally tax-exempt bonds secured against the available 

proceeds, including projected annual receipts, in the Inland 

Waterways Trust Fund established by section 9506(a) of the 

Internal Revenue Code of 1986. 

(2) CONTENTS.—In carrying out the study, the Secretary 

shall examine the implications of issuing such bonds, including 

the potential revenues that could be generated and the projected 

net cost to the Treasury, including loss of potential revenue. 

(3) CONSULTATION.—In carrying out the study, the Secretary, at a minimum, shall consult with— 

(A) representatives of the Inland Waterway Users 

Board established by section 302 of the Water Resources 

Development Act of 1986 (33 U.S.C. 2251); 

(B) representatives of the commodities and bulk cargos 

that are currently shipped for commercial purposes on the 

segments of the inland and intracoastal waterways listed 

in section 206 of the Inland Waterways Revenue Act of 

1978 (33 U.S.C. 1804); 

(C) representatives of other users of locks and dams 

on the inland and intracoastal waterways, including persons owning, operating, using, or otherwise benefitting 

from— 

(i) hydropower generation facilities; 

(ii) electric utilities that rely on the waterways 

for cooling of existing electricity generation facilities; 

Taxes. 

Evaluation. 

Deadline. 

Reports. 

Taxes. 


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(iii) municipal and industrial water supply; 

(iv) recreation; 

(v) irrigation water supply; or 

(vi) flood damage reduction; and 

(D) other stakeholders associated with the inland and 

intracoastal waterways, as identified by the Secretary. 

(4) REPORT TO CONGRESS.— (A) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, the Secretary shall submit to 

the Committee on Environment and Public Works, the 

Committee on Finance, and the Committee on the Budget 

of the Senate and the Committee on Transportation and 

Infrastructure, the Committee on Ways and Means, and 

the Committee on the Budget of the House of Representatives, and make publicly available, a report on the results 

of the study. 

(B) IDENTIFICATION OF ISSUES.—As part of the report, 

the Secretary shall identify any potential benefits or other 

implications of the issuance of bonds described in subsection (a)(1), including any potential changes in Federal 

or State law that may be necessary to provide such benefits 

or to address such implications. 

(b) POTENTIAL REVENUE SOURCES FOR INLAND AND INTRACOASTAL WATERWAYS INFRASTRUCTURE.— 

(1) IN GENERAL.—The Secretary shall conduct a study and 

submit to Congress a report on potential revenue sources from 

which funds could be collected to generate additional revenues 

for the Inland Waterways Trust Fund established by section 

9506(a) of the Internal Revenue Code of 1986. 

(2) SCOPE OF STUDY.— 

(A) IN GENERAL.—In carrying out the study, the Secretary shall evaluate an array of potential revenue sources 

from which funds could be collected in amounts that, when 

combined with funds generated by section 4042 of the 

Internal Revenue Code of 1986, are sufficient to support 

one-half of annual construction expenditure levels of 

$380,000,000 for the authorized purposes of the Inland 

Waterways Trust Fund. 

(B) POTENTIAL REVENUE SOURCES FOR STUDY.—In carrying out the study, the Secretary, at a minimum, shall— 

(i) evaluate potential revenue sources identified 

in and documented by known authorities of the Inland 

Waterways System; and 

(ii) review appropriate reports and associated literature related to revenue sources. 

(3) CONDUCT OF STUDY.—In carrying out the study, the 

Secretary shall— 

(A) take into consideration whether the potential revenues from other sources— 

(i) are equitably associated with the construction, 

operation, and maintenance of inland and intracoastal 

waterway infrastructure, including locks, dams, and 

navigation channels; and 

(ii) can be efficiently collected; 

(B) consult with, at a minimum— 

(i) representatives of the Inland Waterways Users 

Board; and 

Review. 

Evaluation. 

Study. 

Reports. 

Public 

information. 


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(ii) representatives of other nonnavigation beneficiaries of inland and intracoastal waterway infrastructure, including persons benefitting from— 

(I) municipal water supply; 

(II) hydropower; 

(III) recreation; 

(IV) industrial water supply; 

(V) flood damage reduction; 

(VI) agricultural water supply; 

(VII) environmental restoration; 

(VIII) local and regional economic development; or 

(IX) local real estate interests; and 

(iii) representatives of other interests, as identified 

by the Secretary; and 

(C) provide the opportunity for public hearings in each 

of the geographic regions that contain segments of the 

inland and intracoastal waterways listed in section 206 

of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 

1804). 

(4) REPORT TO CONGRESS.—Not later than 1 year after 

the date of enactment of this Act, the Secretary shall submit 

to the Committee on Environment and Public Works, the Committee on Finance, and the Committee on the Budget of the 

Senate and the Committee on Transportation and Infrastructure, the Committee on Ways and Means, and the Committee 

on the Budget of the House of Representatives, and make 

publicly available, a report on the results of the study. 

SEC. 2005. INLAND WATERWAYS STAKEHOLDER ROUNDTABLE. 

(a) IN GENERAL.—The Secretary shall conduct an inland waterways stakeholder roundtable to provide for a review and evaluation 

of issues related to financial management of the inland and intracoastal waterways. 

(b) SELECTION OF PARTICIPANTS.— (1) IN GENERAL.—Not later than 45 days after the date 

on which the Secretary submits to Congress the report required 

by section 2004(b), the Secretary, in consultation with the 

Inland Waterways Users Board, shall select individuals to be 

invited to participate in the stakeholder roundtable. 

(2) COMPOSITION.—The individuals selected under paragraph (1) shall include— 

(A) representatives of the primary users, shippers, and 

suppliers utilizing the inland and intracoastal waterways 

for commercial purposes; 

(B) representatives of State and Federal agencies 

having a direct and substantial interest in the commercial 

use of the inland and intracoastal waterways; 

(C) representatives of other nonnavigation beneficiaries 

of the inland and intracoastal waterways infrastructure, 

including individuals benefitting from— 

(i) municipal water supply; 

(ii) hydropower; 

(iii) recreation; 

(iv) industrial water supply; 

(v) flood damage reduction; 

(vi) agricultural water supply; 

Deadline. 

Consultation. 

Selection. 

Review. 

Evaluation. 

Public 

information. 

Public 

information. 


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(vii) environmental restoration; 

(viii) local and regional economic development; or 

(ix) local real estate interests; and 

(D) other interested individuals with significant financial and engineering expertise and direct knowledge of 

the inland and coastal waterways. 

(c) FRAMEWORK AND AGENDA.—The Secretary shall work with 

a group of the individuals selected under subsection (b) to develop 

the framework and agenda for the stakeholder roundtable. 

(d) CONDUCT OF STAKEHOLDER ROUNDTABLE.— (1) IN GENERAL.—Not later than 120 days after the date 

on which the Secretary submits to Congress the report required 

by section 2004(b), the Secretary shall conduct the stakeholder 

roundtable. 

(2) ISSUES TO BE DISCUSSED.—The stakeholder roundtable 

shall provide for the review and evaluation described in subsection (a) and shall include the following: 

(A) An evaluation of any recommendations that have 

been developed to address funding options for the inland 

and coastal waterways, including any recommendations in 

the report required under section 2004(b). 

(B) An evaluation of the funding status of the inland 

and coastal waterways. 

(C) Identification and evaluation of the ongoing and 

projected water infrastructure needs of the inland and 

coastal waterways. 

(D) Identification of a process for meeting such needs, 

with timeline for addressing the funding challenges for 

the Inland Waterways Trust Fund. 

(e) REPORT TO CONGRESS.—Not later than 180 days after the 

date on which the Secretary submits to Congress the report required 

by section 2004(b), the Secretary shall submit to Congress and 

make publicly available a report that contains— 

(1) a summary of the stakeholder roundtable, including 

areas of concurrence on funding approaches and areas of disagreement in meeting funding needs; and 

(2) recommendations developed by the Secretary for next 

steps to address the issues discussed at the stakeholder roundtable. 

SEC. 2006. PRESERVING THE INLAND WATERWAY TRUST FUND. 

(a) OLMSTED PROJECT REFORM.— 

(1) DEFINITION OF OLMSTED PROJECT.—In this subsection, 

the term ‘‘Olmsted Project’’ means the project for navigation, 

Lower Ohio River, Locks and Dams 52 and 53, Illinois and 

Kentucky, authorized by section 3(a)(6) of the Water Resources 

Development Act of 1988 (102 Stat. 4013). 

(2) OLMSTED PROJECT REFORM.—Notwithstanding section 

3(a)(6) of the Water Resources Development Act of 1988 (102 

Stat. 4013), for each fiscal year beginning after September 

30, 2014, 15 percent of the cost of construction for the Olmsted 

Project shall be paid from amounts appropriated from the 

Inland Waterways Trust Fund. 

(3) SENSE OF CONGRESS.—It is the sense of Congress that 

the appropriation for the Olmsted Project should be not less 

than $150,000,000 for each fiscal year until construction of 

the project is completed. 

Effective date. 

Recommendations. 

Public 

information. 

Deadline. 


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(4) REHABILITATION OF PROJECTS.—Section 205(1)(E)(ii) of 

the Water Resources Development Act of 1992 (33 U.S.C. 

2327(1)(E)(ii)) is amended by striking ‘‘$8,000,000’’ and 

inserting ‘‘$20,000,000’’. 

SEC. 2007. INLAND WATERWAYS OVERSIGHT. 

(a) REPORT.—Not later than 1 year after 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 publicly available a report regarding the lessons learned 

from the experience of planning and constructing the Olmsted 

Project and how such lessons might apply to future inland waterway 

studies and projects. 

(b) ANNUAL FINANCIAL REVIEW.—For any inland waterways 

project that the Secretary carries out that has an estimated total 

cost of $500,000,000 or more, the Secretary shall submit to the 

congressional committees referred to in subsection (a) an annual 

financial plan for the project. The plan shall be based on detailed 

annual estimates of the cost to complete the remaining elements 

of the project and on reasonable assumptions, as determined by 

the Secretary, of any future increases of the cost to complete the 

project. 

(c) GOVERNMENT ACCOUNTABILITY OFFICE REPORT.—As soon 

as practicable after the date of enactment of this Act, the Comptroller General of the United States shall conduct, and submit 

to Congress a report describing the results of, a study to determine 

why, and to what extent, the project for navigation, Lower Ohio 

River, Locks and Dams 52 and 53, Illinois and Kentucky (commonly 

known as the ‘‘Olmsted Locks and Dam project’’), authorized by 

section 3(a)(6) of the Water Resources Development Act of 1988 

(102 Stat. 4013), has exceeded the budget for the project and the 

reasons why the project failed to be completed as scheduled, 

including an assessment of— 

(1) engineering methods used for the project; 

(2) the management of the project; 

(3) contracting for the project; 

(4) the cost to the United States of benefits foregone due 

to project delays; and 

(5) such other contributory factors as the Comptroller General determines to be appropriate. 

SEC. 2008. ASSESSMENT OF OPERATION AND MAINTENANCE NEEDS 

OF THE ATLANTIC INTRACOASTAL WATERWAY AND THE 

GULF INTRACOASTAL WATERWAY. 

(a) IN GENERAL.—Not later than 90 days after the date of 

enactment of this Act, the Secretary shall assess the operation 

and maintenance needs of the Atlantic Intracoastal Waterway and 

the Gulf Intracoastal Waterway. 

(b) TYPES OF ACTIVITIES.—In carrying out subsection (a), the 

Secretary shall assess the operation and maintenance needs of 

the Atlantic Intracoastal Waterway and the Gulf Intracoastal 

Waterway as used for the following purposes: 

(1) Commercial navigation. 

(2) Commercial fishing. 

Deadline. 

33 USC 2254. 

Plan. 

33 USC 2253. 

Public 

information. 


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(3) Subsistence, including utilization 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. 

(4) Use as ingress and egress to harbors of refuge. 

(5) Transportation of persons. 

(6) Purposes relating to domestic energy production, 

including fabrication, servicing, and supply of domestic offshore 

energy production facilities. 

(7) Activities of the Secretary of the department in which 

the Coast Guard is operating. 

(8) Public health and safety related equipment for 

responding to coastal and inland emergencies. 

(9) Recreation purposes. 

(10) Any other authorized purpose. 

(c) REPORT TO CONGRESS.—For fiscal year 2015, and biennially 

thereafter, in conjunction with the annual budget submission by 

the President to Congress under section 1105(a) of title 31, United 

States Code, 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 that, with respect to 

the Atlantic Intracoastal Waterway and the Gulf Intracoastal 

Waterway— 

(1) identifies the operation and maintenance costs required 

to achieve the authorized length, width, and depth; 

(2) identifies the amount of funding requested in the President’s budget for operation and maintenance costs; and 

(3) identifies the unmet operation and maintenance needs 

of the Atlantic Intracoastal Waterway and the Gulf Intracoastal 

Waterway. 

SEC. 2009. INLAND WATERWAYS RIVERBANK STABILIZATION. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, and biennially thereafter, the Secretary shall 

conduct a study to determine the feasibility of— 

(1) carrying out projects for the inland and intracoastal 

waterways for purposes of— 

(A) flood damage reduction; 

(B) emergency streambank and shoreline protection; 

and 

(C) prevention and mitigation of shore damages attributable to navigation improvements; and 

(2) modifying projects for the inland and intracoastal waterways for the purpose of improving the quality of the environment. 

(b) RECOMMENDATIONS.—In conducting the study, the Secretary 

shall develop specific project recommendations and prioritize those 

recommendations based on— 

(1) the extent of damage and land loss resulting from 

riverbank erosion; 

(2) the rate of erosion; 

(3) the significant threat of future flood risk to public 

property, public infrastructure, or public safety; 

(4) the destruction of natural resources or habitats; and 

(5) the potential cost savings for maintenance of the 

channel. 

Deadlines. 

Study. 

33 USC 2255. 

Public 

information. 


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(c) DISPOSITION.—The Secretary may carry out any project 

identified in the study conducted pursuant to subsection (a) in 

accordance with the criteria for projects carried out under one 

of the following authorities: 

(1) Section 14 of the Flood Control Act of 1946 (33 U.S.C. 

701r). 

(2) Section 205 of the Flood Control Act of 1948 (33 U.S.C. 

701s). 

(3) Section 111 of the River and Harbor Act of 1968 (33 

U.S.C. 426i). 

(4) Section 1135 of the Water Resources Development Act 

of 1986 (33 U.S.C. 2309a). 

(d) ANNUAL REPORT.—For a project recommended pursuant 

to the study that cannot be carried out under any of the authorities 

specified in subsection (c), upon a determination by the Secretary 

of the feasibility of the project, the Secretary may include a recommendation concerning the project in the annual report submitted 

to Congress under section 7001. 

SEC. 2010. UPPER MISSISSIPPI RIVER PROTECTION. 

(a) DEFINITION OF UPPER ST. ANTHONY FALLS LOCK AND DAM.— 

In this section, the term ‘‘Upper St. Anthony Falls Lock and Dam’’ 

means the lock and dam located on Mississippi River Mile 853.9 

in Minneapolis, Minnesota. 

(b) MANDATORY CLOSURE.—Not later than 1 year after the 

date of enactment of this Act, the Secretary shall close the Upper 

St. Anthony Falls Lock and Dam. 

(c) EMERGENCY OPERATIONS.—Nothing in this section prevents 

the Secretary from carrying out emergency lock operations necessary to mitigate flood damage. 

SEC. 2011. CORPS OF ENGINEERS LOCK AND DAM ENERGY DEVELOPMENT. 

Section 1117 of the Water Resources Development Act of 1986 

(100 Stat. 4236) is amended to read as follows: 

‘‘SEC. 1117. W.D. MAYO LOCK AND DAM. 

‘‘(a) IN GENERAL.—The Cherokee Nation of Oklahoma may— 

‘‘(1) design and construct one or more hydroelectric generating facilities at the W.D. Mayo Lock and Dam on the 

Arkansas River, Oklahoma; and 

‘‘(2) market the electricity generated from any such facility. 

‘‘(b) PRECONSTRUCTION REQUIREMENTS.— 

‘‘(1) PERMITS.—Before the date on which construction of 

a hydroelectric generating facility begins under subsection (a), 

the Cherokee Nation shall obtain any permit required under 

Federal or State law, except that the Cherokee Nation shall 

be exempt from licensing requirements that may otherwise 

apply to construction, operation, or maintenance of the facility 

under the Federal Power Act (16 U.S.C. 791a et seq.). 

‘‘(2) REVIEW OF PLANS AND SPECIFICATIONS.—The Cherokee 

Nation may initiate the design or construction of a hydroelectric 

generating facility under subsection (a) only after the Secretary 

reviews and approves the plans and specifications for the design 

and construction. 

‘‘(c) PAYMENT OF DESIGN AND CONSTRUCTION COSTS.— ‘‘(1) IN GENERAL.—The Secretary may accept funds offered 

by the Cherokee Nation and use such funds to carry out the 

Oklahoma. 

Deadline. 

Minnesota. 


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design and construction of a hydroelectric generating facility 

under subsection (a). 

‘‘(2) ALLOCATION OF COSTS.—The Cherokee Nation shall— 

‘‘(A) bear all costs associated with the design and 

construction of a hydroelectric generating facility under 

subsection (a); and 

‘‘(B) provide any funds necessary for the design and 

construction to the Secretary prior to the Secretary initiating any activities related to the design and construction. 

‘‘(d) ASSUMPTION OF LIABILITY.—The Cherokee Nation shall— 

‘‘(1) hold all title to a hydroelectric generating facility constructed under subsection (a) and may, subject to the approval 

of the Secretary, assign such title to a third party; 

‘‘(2) be solely responsible for— 

‘‘(A) the operation, maintenance, repair, replacement, 

and rehabilitation of the facility; and 

‘‘(B) the marketing of the electricity generated by the 

facility; and 

‘‘(3) release and indemnify the United States from any 

claims, causes of action, or liabilities that may arise out of 

any activity undertaken to carry out this section. 

‘‘(e) ASSISTANCE AVAILABLE.—The Secretary may provide technical and construction management assistance requested by the 

Cherokee Nation relating to the design and construction of a hydroelectric generating facility under subsection (a). 

‘‘(f) THIRD PARTY AGREEMENTS.—The Cherokee Nation may 

enter into agreements with the Secretary or a third party that 

the Cherokee Nation or the Secretary determines are necessary 

to carry out this section.’’. 

SEC. 2012. RESTRICTED AREAS AT CORPS OF ENGINEERS DAMS. 

Section 2 of the Freedom to Fish Act (127 Stat. 449) is 

amended— 

(1) in subsection (b)(1) by striking ‘‘2 years after the date 

of enactment of this Act’’ and inserting ‘‘4 years after the 

date of enactment of the Water Resources Reform and Development Act of 2014’’; 

(2) in the heading of subsection (c) by inserting ‘‘OR MODI- FIED’’ after ‘‘NEW’’; and 

(3) in subsection (c)— 

(A) in matter preceding paragraph (1) by inserting 

‘‘new or modified’’ after ‘‘establishes any’’; and 

(B) in paragraph (3) by striking ‘‘2 years after the 

date of enactment of this Act’’ and inserting ‘‘4 years after 

the date of enactment of the Water Resources Reform and 

Development Act of 2014’’. 

SEC. 2013. OPERATION AND MAINTENANCE OF FUEL TAXED INLAND 

WATERWAYS. 

Section 102 of the Water Resources Development Act of 1986 

(33 U.S.C. 2212) is amended— 

(1) by redesignating subsection (c) as subsection (d); and 

(2) by inserting after subsection (b) the following: 

‘‘(c) FLOODGATES ON THE INLAND WATERWAYS.— 

‘‘(1) OPERATION AND MAINTENANCE CARRIED OUT BY THE

SECRETARY.—Notwithstanding any other provision of law, the 

Secretary shall be responsible for the operation and maintenance, including repair, of any flood gate, as well as any 


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128 STAT. 1272 PUBLIC LAW 113–121—JUNE 10, 2014 

pumping station constructed within the channel as a single 

unit with that flood gate, that— 

‘‘(A) was constructed as of the date of enactment of 

the Water Resources Reform and Development Act of 2014 

as a feature of an authorized hurricane and storm damage 

reduction project; and 

‘‘(B) crosses an inland or intracoastal waterway 

described in section 206 of the Inland Waterways Revenue 

Act of 1978 (33 U.S.C. 1804). 

‘‘(2) NON-FEDERAL COST SHARE.—The non-Federal share of 

the cost of operation, maintenance, repair, rehabilitation, and 

replacement of any structure under this subsection shall be 

35 percent.’’. 

Subtitle B—Port and Harbor Maintenance 

SEC. 2101. FUNDING FOR HARBOR MAINTENANCE PROGRAMS. 

(a) DEFINITIONS.—In this section: 

(1) TOTAL AMOUNT OF HARBOR MAINTENANCE TAXES

RECEIVED.—The term ‘‘total amount of harbor maintenance 

taxes received’’ means, with respect to a fiscal year, the aggregate of amounts appropriated, transferred, or credited to the 

Harbor Maintenance Trust Fund under section 9505(a) of the 

Internal Revenue Code of 1986 for that fiscal year as set 

forth in the current year estimate provided in the President’s 

budget request for the subsequent fiscal year, submitted pursuant to section 1105 of title 31, United States Code. 

(2) TOTAL BUDGET RESOURCES.—The term ‘‘total budget 

resources’’ means the total amount made available by appropriations Acts from the Harbor Maintenance Trust Fund for 

a fiscal year for making expenditures under section 9505(c) 

of the Internal Revenue Code of 1986. 

(b) TARGET APPROPRIATIONS.— 

(1) IN GENERAL.—The target total budget resources made 

available to the Secretary from the Harbor Maintenance Trust 

Fund for a fiscal year shall be not less than the following: 

(A) For fiscal year 2015, 67 percent of the total amount 

of harbor maintenance taxes received in fiscal year 2014. 

(B) For fiscal year 2016, 69 percent of the total amount 

of harbor maintenance taxes received in fiscal year 2015. 

(C) For fiscal year 2017, 71 percent of the total amount 

of harbor maintenance taxes received in fiscal year 2016. 

(D) For fiscal year 2018, 74 percent of the total amount 

of harbor maintenance taxes received in fiscal year 2017. 

(E) For fiscal year 2019, 77 percent of the total amount 

of harbor maintenance taxes received in fiscal year 2018. 

(F) For fiscal year 2020, 80 percent of the total amount 

of harbor maintenance taxes received in fiscal year 2019. 

(G) For fiscal year 2021, 83 percent of the total amount 

of harbor maintenance taxes received in fiscal year 2020. 

(H) For fiscal year 2022, 87 percent of the total amount 

of harbor maintenance taxes received in fiscal year 2021. 

(I) For fiscal year 2023, 91 percent of the total amount 

of harbor maintenance taxes received in fiscal year 2022. 

(J) For fiscal year 2024, 95 percent of the total amount 

of harbor maintenance taxes received in fiscal year 2023. 

33 USC 2238b. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1273 

(K) For fiscal year 2025, and each fiscal year thereafter, 

100 percent of the total amount of harbor maintenance 

taxes received in the previous fiscal year. 

(2) USE OF AMOUNTS.—The total budget resources described 

in paragraph (1) may be used only for making expenditures 

under section 9505(c) of the Internal Revenue Code of 1986. 

(c) IMPACT ON OTHER FUNDS.— (1) SENSE OF CONGRESS.—It is the sense of Congress that 

any increase in funding for harbor maintenance programs under 

this section shall result from an overall increase in appropriations for the civil works program of the Corps of Engineers 

and not from reductions in the appropriations for other programs, projects, and activities carried out by the Corps of 

Engineers for other authorized purposes. 

(2) APPLICATION.—The target total budget resources for 

a fiscal year specified in subsection (b)(1) shall only apply 

in a fiscal year for which the level of appropriations provided 

for the civil works program of the Corps of Engineers in that 

fiscal year is increased, as compared to the previous fiscal 

year, by a dollar amount that is at least equivalent to the 

dollar amount necessary to address such target total budget 

resources in that fiscal year. 

SEC. 2102. OPERATION AND MAINTENANCE OF HARBOR PROJECTS. 

(a) IN GENERAL.—Section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238) is amended by adding at the 

end the following: 

‘‘(c) 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); 

‘‘(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, 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 

Expenditures. 


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128 STAT. 1274 PUBLIC LAW 113–121—JUNE 10, 2014 

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) PRIORITIZATION.— 

‘‘(1) PRIORITY.— 

‘‘(A) IN GENERAL.—For each of fiscal years 2015 

through 2024, if priority funds are available, the Secretary 

shall use the priority funds as follows: 

‘‘(i) 90 percent of the priority funds shall be used 

for high- and moderate-use harbor projects. 

‘‘(ii) 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. 


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‘‘(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); 

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) 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 

Deadlines. 

Deadline. 

Notification. 

Determination. 


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‘‘(ii) the total expected costs for expanded uses 

at eligible harbors or inland harbors referred to in 

subsection (d)(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-byproject 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 


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‘‘(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) 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 legacycontaminated 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 ‘moderateuse harbor project’ means a project that is assigned to a harbor 


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128 STAT. 1278 PUBLIC LAW 113–121—JUNE 10, 2014 

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)).’’. 

(b) OPERATION AND MAINTENANCE.—Section 101(b)(1) of the 

Water Resources Development Act of 1986 (33 U.S.C. 2211(b)(1)) 

is amended by striking ‘‘45 feet’’ and inserting ‘‘50 feet’’. 

(c) CONFORMING AMENDMENT.—Section 9505(c)(1) of the 

Internal Revenue Code of 1986 is amended by striking ‘‘(as in 

effect on the date of the enactment of the Water Resources Development Act of 1996)’’. 

SEC. 2103. CONSOLIDATION OF DEEP DRAFT NAVIGATION EXPERTISE. 

Section 2033(e) of the Water Resources Development Act of 

2007 (33 U.S.C. 2282a(e)) is amended by adding at the end the 

following: 

‘‘(3) DEEP DRAFT NAVIGATION PLANNING CENTER OF EXPERTISE.— 

‘‘(A) IN GENERAL.—The Secretary shall consolidate deep 

draft navigation expertise within the Corps of Engineers 

into a deep draft navigation planning center of expertise. 

‘‘(B) LIST.—Not later than 60 days after the date of 

the consolidation required under subparagraph (A), 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 list of the grade levels and expertise of 

each of the personnel assigned to the center described 

in subparagraph (A).’’. 

Deadline. 

26 USC 9505. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1279 

SEC. 2104. 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)— 

(A) in paragraph (1)(B) by inserting ‘‘or Alaska’’ after 

‘‘Hawaii’’; and 

(B) in paragraph (2)— 

(i) by striking ‘‘community’’ and inserting ‘‘region’’; 

and 

(ii) by inserting ‘‘, as determined by the Secretary, 

including consideration of information provided by the 

non-Federal interest’’ after ‘‘improvement’’; and 

(2) by adding at the end the following: 

‘‘(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. 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)), 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 SelfDetermination and Education Assistance Act (25 U.S.C. 450b)), 

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) PRIORITIZATION.—The Secretary shall prioritize technical 

assistance provided under this section for Arctic deep draft ports 

Contracts. 

33 USC 2243. 


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128 STAT. 1280 PUBLIC LAW 113–121—JUNE 10, 2014 

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 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 (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 

33 USC 2238c. 


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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. 

(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, 

there is authorized to be appropriated to carry out this section 

$50,000,000 for each of fiscal years 2019 through 2022. 

SEC. 2107. PRESERVING UNITED STATES HARBORS. 

(a) IN GENERAL.—Upon a request from a non-Federal interest, 

the Secretary shall review a report developed by the non-Federal 

interest that provides an economic justification for Federal investment in the operation and maintenance of a federally authorized 

harbor or inland harbor (referred to in this section as a ‘‘federally 

authorized harbor’’). 

(b) JUSTIFICATION OF INVESTMENT.—A report submitted under 

subsection (a) may provide for an economic justification of Federal 

Review. 

Reports. 

33 USC 2211a. 

Public 

information. 

Assessment. 


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investment in the operation and maintenance of a federally authorized harbor based on— 

(1) the projected economic benefits, including transportation savings and job creation; and 

(2) other factors, including navigation safety, national security, and sustainability of subsistence harbors. 

(c) WRITTEN RESPONSE.—Not later than 180 days after the 

date on which the Secretary receives a report under subsection 

(a), the Secretary shall provide to the non-Federal interest a written 

response to the report, including an assessment of the information 

provided by the non-Federal interest. 

(d) PRIORITIZATION.—As the Secretary determines to be appropriate, the Secretary may use the information provided in the 

report under subsection (a) to justify additional operation and 

maintenance funding for a federally authorized harbor in accordance 

with section 101(b) of the Water Resources Development Act of 

1986 (33 U.S.C. 2211(b)). 

(e) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 

section may be construed to preclude the operation and maintenance 

of a federally authorized harbor under section 101(b) of the Water 

Resources Development Act of 1986 (33 U.S.C. 2211(b)). 

TITLE III—SAFETY IMPROVEMENTS 

AND ADDRESSING EXTREME WEATHER EVENTS 

Subtitle A—Dam Safety 

SEC. 3001. DAM SAFETY. 

(a) ADMINISTRATOR.— 

(1) IN GENERAL.—The National Dam Safety Program Act 

(33 U.S.C. 467 et seq.) is amended by striking ‘‘Director’’ each 

place it appears and inserting ‘‘Administrator’’. 

(2) CONFORMING AMENDMENT.—Section 2 of the National 

Dam Safety Program Act (33 U.S.C. 467) is amended— 

(A) by striking paragraph (3); 

(B) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and 

(C) by inserting before paragraph (2) (as redesignated 

by subparagraph (B)) the following: 

‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the 

Administrator of the Federal Emergency Management Agency.’’. 

(b) INSPECTION OF DAMS.—Section 3(b)(1) of the National Dam 

Safety Program Act (33 U.S.C. 467a(b)(1)) is amended by striking 

‘‘or maintenance’’ and inserting ‘‘maintenance, condition, or provisions for emergency operations’’. 

(c) NATIONAL DAM SAFETY PROGRAM.— 

(1) OBJECTIVES.—Section 8(c) of the National Dam Safety 

Program Act (33 U.S.C. 467f(c)) is amended by striking paragraph (4) and inserting the following: 

‘‘(4) develop and implement a comprehensive dam safety 

hazard education and public awareness initiative to assist the 

public in preparing for, mitigating, responding to, and recovering from dam incidents;’’. 

Definition. 

Deadline. 

Assessment. 


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(2) BOARD.—Section 8(f)(4) of the National Dam Safety 

Program Act (33 U.S.C. 467f(f)(4)) is amended by inserting 

‘‘, representatives from nongovernmental organizations,’’ after 

‘‘State agencies’’. 

(d) PUBLIC AWARENESS AND OUTREACH FOR DAM SAFETY.— The National Dam Safety Program Act (33 U.S.C. 467 et seq.) 

is amended— 

(1) by redesignating sections 11, 12, and 13 as sections 

12, 13, and 14, respectively; and 

(2) by inserting after section 10 (33 U.S.C. 467g–1) the 

following: 

‘‘SEC. 11. PUBLIC AWARENESS AND OUTREACH FOR DAM SAFETY. 

‘‘The Administrator, in consultation with other Federal agencies, State and local governments, dam owners, the emergency 

management community, the private sector, nongovernmental 

organizations and associations, institutions of higher education, 

and any other appropriate entities shall, subject to the availability 

of appropriations, carry out a nationwide public awareness and 

outreach initiative to assist the public in preparing for, mitigating, 

responding to, and recovering from dam incidents.’’. 

(e) AUTHORIZATION OF APPROPRIATIONS.— 

(1) NATIONAL DAM SAFETY PROGRAM.— 

(A) ANNUAL AMOUNTS.—Section 14(a)(1) of the National 

Dam Safety Program Act (33 U.S.C. 467j(a)(1)) (as so 

redesignated) is amended by striking ‘‘$6,500,000’’ and all 

that follows through ‘‘2011’’ and inserting ‘‘$9,200,000 for 

each of fiscal years 2015 through 2019’’. 

(B) MAXIMUM AMOUNT OF ALLOCATION.—Section 

14(a)(2)(B) of the National Dam Safety Program Act (33 

U.S.C. 467j(a)(2)(B)) (as so redesignated) is amended— 

(i) by striking ‘‘The amount’’ and inserting the 

following: 

‘‘(i) IN GENERAL.—The amount’’; and 

(ii) by adding at the end the following: 

‘‘(ii) FISCAL YEAR 2015 AND SUBSEQUENT FISCAL

YEARS.—For fiscal year 2015 and each subsequent 

fiscal year, the amount of funds allocated to a State 

under this paragraph may not exceed the amount of 

funds committed by the State to implement dam safety 

activities.’’. 

(2) NATIONAL DAM INVENTORY.—Section 14(b) of the 

National Dam Safety Program Act (33 U.S.C. 467j(b)) (as so 

redesignated) is amended by striking ‘‘$650,000’’ and all that 

follows through ‘‘2011’’ and inserting ‘‘$500,000 for each of 

fiscal years 2015 through 2019’’. 

(3) PUBLIC AWARENESS.—Section 14 of the National Dam 

Safety Program Act (33 U.S.C. 467j) (as so redesignated) is 

amended— 

(A) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and 

(B) by inserting after subsection (b) the following: 

‘‘(c) PUBLIC AWARENESS.—There is authorized to be appropriated to carry out section 11 $1,000,000 for each of fiscal years 

2015 through 2019.’’. 

(4) RESEARCH.—Section 14(d) of the National Dam Safety 

Program Act (as so redesignated) is amended by striking 

Consultation. 

33 USC 467g–2. 

33 USC 

467h–467j. 


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‘‘$1,600,000’’ and all that follows through ‘‘2011’’ and inserting 

‘‘$1,450,000 for each of fiscal years 2015 through 2019’’. 

(5) DAM SAFETY TRAINING.—Section 14(e) of the National 

Dam Safety Program Act (as so redesignated) is amended by 

striking ‘‘$550,000’’ and all that follows through ‘‘2011’’ and 

inserting ‘‘$750,000 for each of fiscal years 2015 through 2019’’. 

(6) STAFF.—Section 14(f) of the National Dam Safety Pro- gram Act (as so redesignated) is amended by striking ‘‘$700,000’’ 

and all that follows through ‘‘2011’’ and inserting ‘‘$1,000,000 

for each of fiscal years 2015 through 2019’’. 

(f) TECHNICAL AMENDMENT.—Section 14(a)(1) of the National 

Dam Safety Program Act (33 U.S.C. 467j(a)(1)) (as so redesignated) 

is amended by striking ‘‘sections 7, 8, and 11’’ and inserting ‘‘sections 

7, 8, and 12’’. 

Subtitle B—Levee Safety 

SEC. 3011. SYSTEMWIDE IMPROVEMENT FRAMEWORK. 

A levee system shall remain eligible for rehabilitation assistance under the authority provided by section 5 of the Act of August 

18, 1941 (33 U.S.C. 701n) as long as the levee system sponsor 

continues to make satisfactory progress, as determined by the Secretary, on an approved systemwide improvement framework or 

letter of intent. 

SEC. 3012. MANAGEMENT OF FLOOD RISK REDUCTION PROJECTS. 

(a) IN GENERAL.—If 2 or more flood control projects are located 

within the same geographic area, the Secretary shall, at the request 

of the non-Federal interests for the affected projects, consider those 

projects as a single program for budgetary or project management 

purposes, if the Secretary determines that doing so would not 

be incompatible with the authorized project purposes. 

(b) COST SHARE.— (1) IN GENERAL.—If any work on a project to which subsection (a) applies is required solely because of impacts to 

that project from a navigation project, the cost of carrying 

out that work shall be shared in accordance with the costsharing requirements for the navigation project. 

(2) USE OF AMOUNTS.—Work described in paragraph (1) 

may be carried out using amounts made available under subsection (a). 

SEC. 3013. VEGETATION MANAGEMENT POLICY. 

(a) DEFINITION OF GUIDELINES.—In this section, the term 

‘‘guidelines’’ means the Corps of Engineers policy guidelines for 

management of vegetation on levees, including— 

(1) Engineering Technical Letter 1110–2–571 entitled 

‘‘Guidelines for Landscape Planting and Vegetation Management at Levees, Floodwalls, Embankment Dams, and Appurtenant Structures’’ and adopted April 10, 2009; and 

(2) the draft policy guidance letter entitled ‘‘Process for 

Requesting a Variance from Vegetation Standards for Levees 

and Floodwalls’’ (77 Fed. Reg. 9637 (Feb. 17, 2012)). 

(b) REVIEW.—The Secretary shall carry out a comprehensive 

review of the guidelines in order to determine whether current 

Federal policy relating to levee vegetation is appropriate for all 

regions of the United States. 

33 USC 701n 

note. 

Determination. 

33 USC 701b–16. 

33 USC 701n 

note. 


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(c) FACTORS.— (1) IN GENERAL.—In carrying out the review, the Secretary 

shall consider— 

(A) the varied interests and responsibilities in managing flood risks, including the need— 

(i) to provide the greatest benefits for public safety 

with limited resources; and 

(ii) to ensure that levee safety investments minimize environmental impacts and provide corresponding 

public safety benefits; 

(B) the levee safety benefits that can be provided by 

woody vegetation; 

(C) the preservation, protection, and enhancement of 

natural resources, including— 

(i) the benefit of vegetation on levees in providing 

habitat for species of concern, including endangered, 

threatened, and candidate species; and 

(ii) the impact of removing levee vegetation on 

compliance with other regulatory requirements; 

(D) protecting the rights of Indian tribes pursuant 

to treaties and statutes; 

(E) determining how vegetation impacts the performance of a levee or levee system during a storm or flood 

event; 

(F) the available science and the historical record 

regarding the link between vegetation on levees and flood 

risk; 

(G) the avoidance of actions requiring significant economic costs and environmental impacts; and 

(H) other factors relating to the factors described in 

subparagraphs (A) through (F) identified in public comments that the Secretary determines to be appropriate. 

(2) VARIANCE CONSIDERATIONS.— 

(A) IN GENERAL.—In carrying out the review, the Secretary shall specifically consider factors that promote and 

allow for consideration of variances from guidelines on 

a Statewide, tribal, regional, or watershed basis, including 

variances based on— 

(i) regional or watershed soil conditions; 

(ii) hydrologic factors; 

(iii) vegetation patterns and characteristics; 

(iv) environmental resources, including endangered, threatened, or candidate species and related 

regulatory requirements; 

(v) levee performance history, including historical 

information on original construction and subsequent 

operation and maintenance activities; 

(vi) any effects on water supply; 

(vii) any scientific evidence on the link between 

levee vegetation and levee safety; 

(viii) institutional considerations, including 

implementation challenges and conflicts with or violations of Federal or State environmental laws; 

(ix) the availability of limited funds for levee 

construction and rehabilitation; 

(x) the economic and environmental costs of 

removing woody vegetation on levees; and 


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(xi) other relevant factors identified in public comments that the Secretary determines to be appropriate. 

(B) SCOPE.—The scope of a variance approved by the 

Secretary may include a complete exemption to guidelines, 

if appropriate. 

(d) COOPERATION AND CONSULTATION; RECOMMENDATIONS.— 

(1) IN GENERAL.—The Secretary shall carry out the review 

under this section in consultation with other applicable Federal 

agencies, representatives of State, regional, local, and tribal 

governments, appropriate nongovernmental organizations, and 

the public. 

(2) RECOMMENDATIONS.— 

(A) REGIONAL INTEGRATION TEAMS.—Corps of Engineers Regional Integration Teams, representing districts, 

divisions, and headquarters, in consultation with State and 

Federal resource agencies, and with participation by local 

agencies, shall submit to the Secretary any recommendations for vegetation management policies for levees that 

conform with Federal and State laws and other applicable 

requirements, including recommendations relating to the 

review of guidelines under subsection (b) and the consideration of variances under subsection (c)(2). 

(B) STATE, TRIBAL, REGIONAL, AND LOCAL ENTITIES.— 

The Secretary shall consider and accept recommendations 

from any State, tribal, regional, or local entity for vegetation management policies for levees that conform with Federal and State laws and other applicable requirements, 

including recommendations relating to the review of guidelines under subsection (b) and the consideration of 

variances under subsection (c)(2). 

(e) INDEPENDENT CONSULTATION.— 

(1) IN GENERAL.—As part of the review, the Secretary shall 

solicit and consider the views of independent experts on the 

engineering, environmental, and institutional considerations 

underlying the guidelines, including the factors described in 

subsection (c) and any information obtained by the Secretary 

under subsection (d). 

(2) AVAILABILITY OF VIEWS.—The views of the independent 

experts obtained under paragraph (1) shall be— 

(A) made available to the public; and 

(B) included in supporting materials issued in connection with the revised guidelines required under subsection 

(f). 

(f) REVISION OF GUIDELINES.— 

(1) IN GENERAL.—Not later than 18 months after the date 

of enactment of this Act, the Secretary shall— 

(A) revise the guidelines based on the results of the 

review, including— 

(i) recommendations received as part of the consultation described in subsection (d)(1); and 

(ii) the views received under subsection (e); 

(B) provide the public not less than 30 days to review 

and comment on draft guidelines before issuing final guidelines; and 

(C) submit to Congress and make publicly available 

a report that contains a summary of the activities of the 

Reports. 

Deadline. 

Public 

information. 

Public 

information. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1287 

Secretary and a description of the findings of the Secretary 

under this section. 

(2) CONTENT; INCORPORATION INTO MANUAL.—The revised 

guidelines shall— 

(A) provide a practical, flexible process for approving 

Statewide, tribal, regional, or watershed variances from 

the guidelines that— 

(i) reflect due consideration of the factors described 

in subsection (c); and 

(ii) incorporate State, tribal, and regional vegetation management guidelines for specific areas that— 

(I) are consistent with the guidelines; and 

(II) have been adopted through a formal public 

process; and 

(B) be incorporated into the manual proposed under 

section 5(c) of the Act of August 18, 1941 (33 U.S.C. 

701n(c)). 

(3) FAILURE TO MEET DEADLINES.—If the Secretary fails 

to submit a report by the required deadline under this subsection, 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 detailed explanation of— 

(A) why the deadline was missed; 

(B) solutions needed to meet the deadline; and 

(C) a projected date for submission of the report. 

(g) INTERIM ACTIONS.— 

(1) IN GENERAL.—Until the date on which revisions to 

the guidelines are adopted in accordance with subsection (f), 

the Secretary shall not require the removal of existing vegetation as a condition or requirement for any approval or funding 

of a project, or any other action, unless the specific vegetation 

has been demonstrated to present an unacceptable safety risk. 

(2) REVISIONS.—Beginning on the date on which the revisions to the guidelines are adopted in accordance with subsection (f), the Secretary shall reconsider, on request of an 

affected entity, any previous action of the Corps of Engineers 

in which the outcome was affected by the former guidelines. 

SEC. 3014. LEVEE CERTIFICATIONS. 

(a) IMPLEMENTATION OF FLOOD PROTECTION STRUCTURE

ACCREDITATION TASK FORCE.—In carrying out section 100226 of 

Public Law 112–141 (42 U.S.C. 4101 note; 126 Stat. 942), the 

Secretary shall— 

(1) ensure that at least 1 program activity carried out 

under the inspection of completed works program of the Corps 

of Engineers provides adequate information to the Secretary 

to reach a levee accreditation decision under section 65.10 

of title 44, Code of Federal Regulations (or successor regulation); 

and 

(2) to the maximum extent practicable, carry out activities 

under the inspection of completed works program of the Corps 

of Engineers in alignment with the schedule established for 

the national flood insurance program established under chapter 

1 of the National Flood Insurance Act of 1968 (42 U.S.C. 

4011 et seq.). 

(b) ACCELERATED LEVEE SYSTEM EVALUATIONS.— 

42 USC 4131. 

Effective date. 


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(1) IN GENERAL.—On receipt of a request from a non-Federal interest, the Secretary may carry out a levee system 

evaluation of a federally authorized levee for purposes of the 

national flood insurance program established under chapter 

1 of the National Flood Insurance Act of 1968 (42 U.S.C. 

4011 et seq.) if the evaluation will be carried out earlier than 

such an evaluation would be carried out under subsection (a). 

(2) REQUIREMENTS.—A levee system evaluation under paragraph (1) shall— 

(A) at a minimum, comply with section 65.10 of title 

44, Code of Federal Regulations (as in effect on the date 

of enactment of this Act); and 

(B) be carried out in accordance with such procedures 

as the Secretary, in consultation with the Administrator 

of the Federal Emergency Management Agency, may establish. 

(3) FUNDING.— 

(A) IN GENERAL.—The Secretary may use amounts 

made available under section 22 of the Water Resources 

Development Act of 1974 (42 U.S.C. 1962d–16) to carry 

out this subsection. 

(B) COST SHARE.—The Secretary shall apply the cost 

share under section 22(b) of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16(b)) to any activities 

carried out under this subsection. 

SEC. 3015. PLANNING ASSISTANCE TO STATES. 

Section 22 of the Water Resources Development Act of 1974 

(42 U.S.C. 1962d–16) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) by inserting ‘‘or other non-Federal interest 

working with a State’’ after ‘‘cooperate with any State’’; 

and 

(ii) by inserting ‘‘, including plans to comprehensively address water resources challenges,’’ after ‘‘of 

such State’’; and 

(B) in paragraph (2)(A), by striking ‘‘, at Federal 

expense,’’; 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘subsection (a)(1)’’ 

each place it appears and inserting ‘‘subsection (a)’’; 

(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and 

(C) by inserting after paragraph (1) the following: 

‘‘(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.’’; and 

(3) in subsection (c)— 

(A) in paragraph (1)— 

(i) by striking ‘‘$10,000,000’’ and inserting 

‘‘$30,000,000’’; and 

(ii) by striking ‘‘$2,000,000’’ and inserting 

‘‘$5,000,000 in Federal funds’’; and 

(B) in paragraph (2), by striking ‘‘$5,000,000’’ and 

inserting ‘‘$15,000,000’’. 

Applicability. 

Consultation. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1289 

SEC. 3016. LEVEE SAFETY. 

(a) PURPOSES.—Section 9001 of the Water Resources Development Act of 2007 (33 U.S.C. 3301 note) is amended— 

(1) in the section heading, by inserting ‘‘; PURPOSES’’ after ‘‘TITLE’’; 

(2) by striking ‘‘This title’’ and inserting the following: 

‘‘(a) SHORT TITLE.—This title’’; and 

(3) by adding at the end the following: 

‘‘(b) PURPOSES.—The purposes of this title are— 

‘‘(1) to ensure that human lives and property that are 

protected by new and existing levees are safe; 

‘‘(2) to encourage the use of appropriate engineering policies, procedures, and technical practices for levee site investigation, design, construction, operation and maintenance, inspection, assessment, and emergency preparedness; 

‘‘(3) to develop and support public education and awareness 

projects to increase public acceptance and support of levee 

safety programs and provide information; 

‘‘(4) to build public awareness of the residual risks associated with living in levee protected areas; 

‘‘(5) to develop technical assistance materials, seminars, 

and guidelines to improve the security of levees of the United 

States; and 

‘‘(6) to encourage the establishment of effective State and 

tribal levee safety programs.’’. 

(b) DEFINITIONS.—Section 9002 of the Water Resources Development Act of 2007 (33 U.S.C. 3301) is amended— 

(1) by redesignating paragraphs (1), (2), (3), (4), (5), and 

(6), as paragraphs (3), (6), (7), (14), (15), and (16), respectively; 

(2) by inserting before paragraph (3) (as redesignated by 

paragraph (1)) the following: 

‘‘(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) by inserting after paragraph (3) (as redesignated by 

paragraph (1)) the following: 

‘‘(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).’’; and 

(4) by striking paragraph (7) (as redesignated by paragraph 

(1)) and inserting the following: 

‘‘(7) LEVEE.— 


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128 STAT. 1290 PUBLIC LAW 113–121—JUNE 10, 2014 

‘‘(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. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1291 

‘‘(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 that includes the minimum components necessary for recognition by the Secretary. 

‘‘(12) 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) RISK.—The term ‘risk’ means a measure of the probability and severity of undesirable consequences.’’. 

(c) COMMITTEE ON LEVEE SAFETY.—Section 9003 of the Water 

Resources Development Act of 2007 (33 U.S.C. 3302) is amended— 

(1) in subsection (b)— 

(A) by striking paragraphs (1) and (2) and inserting 

the following: 

‘‘(1) NONVOTING MEMBERS.—The following 2 nonvoting 

members: 

‘‘(A) The Secretary (or a designee of the Secretary). 

‘‘(B) The Administrator (or a designee of the Administrator).’’; 

(B) by redesignating paragraph (3) as paragraph (2); 

and 

(C) in paragraph (2) (as redesignated by subparagraph 

(B)) by inserting ‘‘voting’’ after ‘‘14’’; 

(2) by redesignating subsection (g) as subsection (h); and 

(3) by striking subsections (c) through (f) and inserting 

the following: 

‘‘(c) ADMINISTRATION.— 

‘‘(1) TERMS OF VOTING MEMBERS.— 

‘‘(A) IN GENERAL.—A voting member of the committee 

shall be appointed for a term of 3 years, except that, 

of the members first appointed— 

‘‘(i) 5 shall be appointed for a term of 1 year; 

‘‘(ii) 5 shall be appointed for a term of 2 years; 

and 

‘‘(iii) 4 shall be appointed for a term of 3 years. 

‘‘(B) REAPPOINTMENT.—A voting member of the committee may be reappointed to the committee, as the Secretary determines to be appropriate. 

‘‘(C) VACANCIES.—A vacancy on the committee shall 

be filled in the same manner as the original appointment 

was made. 

‘‘(2) CHAIRPERSON.— 


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128 STAT. 1292 PUBLIC LAW 113–121—JUNE 10, 2014 

‘‘(A) IN GENERAL.—The voting members of the committee shall appoint a chairperson from among the voting 

members of the committee. 

‘‘(B) TERM.—The chairperson shall serve a term of 

not more than 2 years. 

‘‘(d) STANDING COMMITTEES.— ‘‘(1) IN GENERAL.—The committee may establish standing 

committees comprised of volunteers from all levels of government and the private sector, to advise the committee regarding 

specific levee safety issues, including participating programs, 

technical issues, public education and awareness, and safety 

and the environment. 

‘‘(2) MEMBERSHIP.—The committee shall recommend to the 

Secretary for approval individuals for membership on the 

standing committees. 

‘‘(e) DUTIES AND POWERS.—The committee— 

‘‘(1) shall submit to the Secretary and Congress an annual 

report regarding the effectiveness of the levee safety initiative 

in accordance with section 9006; and 

‘‘(2) may secure from other Federal agencies such services, 

and enter into such contracts, as the committee determines 

to be necessary to carry out this subsection. 

‘‘(f) TASK FORCE COORDINATION.—The committee shall, to the 

maximum extent practicable, coordinate the activities of the committee with the Federal Interagency Floodplain Management Task 

Force. 

‘‘(g) COMPENSATION.— 

‘‘(1) FEDERAL EMPLOYEES.—Each member of the committee 

who is an officer or employee of the United States— 

‘‘(A) shall serve without compensation in addition to 

compensation received for the services of the member as 

an officer or employee of the United States; but 

‘‘(B) shall be allowed a per diem allowance for travel 

expenses, at rates authorized for an employee of an agency 

under subchapter I of chapter 57 of title 5, United States 

Code, while away from the home or regular place of business of the member in the performance of the duties of 

the committee. 

‘‘(2) NON-FEDERAL EMPLOYEES.—To the extent amounts are 

made available to carry out this section in appropriations Acts, 

the Secretary shall provide to each member of the committee 

who is not an officer or employee of the United States a stipend 

and a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 

57 of title 5, United States Code, while away from the home 

or regular place of business of the member in performance 

of services for the committee. 

‘‘(3) STANDING COMMITTEE MEMBERS.—Each member of a 

standing committee shall serve in a voluntary capacity.’’. 

(d) INVENTORY OF LEVEES.—Section 9004 of the Water 

Resources Development Act of 2007 (33 U.S.C. 3303) is amended— 

(1) in subsection (a)(2)(A) by striking ‘‘and, for non-Federal 

levees, such information on levee location as is provided to 

the Secretary by State and local governmental agencies’’ and 

inserting ‘‘and updated levee information provided by States, 

Indian tribes, Federal agencies, and other entities’’; and 

(2) by adding at the end the following: 

Reports. 

Appointment. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1293 

‘‘(c) LEVEE REVIEW.— 

‘‘(1) IN GENERAL.—The Secretary shall carry out a onetime 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 PARTICIPATION.—At the request of 

a State 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 to 

participate in the review of the levee; and 

‘‘(B) provide information to the State 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 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, as applicable, requests 

an exemption from the review.’’. 

(e) LEVEE SAFETY INITIATIVE.— 

(1) IN GENERAL.—Sections 9005 and 9006 of the Water 

Resources Development Act of 2007 (33 U.S.C. 3304, 3305) 

are redesignated as sections 9007 and 9008, respectively. 

(2) LEVEE SAFETY INITIATIVE.—Title IX of the Water 

Resources Development Act of 2007 (33 U.S.C. 3301 et seq.) 

is amended by inserting after section 9004 the following: 

‘‘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, the Secretary, in consultation 

with the Administrator and in coordination with State, 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; 

‘‘(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. 

Deadline. 

Appointment. 

Consultation. 

33 USC 3303a. 

Time period. 


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128 STAT. 1294 PUBLIC LAW 113–121—JUNE 10, 2014 

‘‘(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, and the private sector to 

safely build, regulate, operate, and maintain levees; and 

‘‘(B) Federal activities that facilitate State efforts to 

develop and implement effective State 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; 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 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. 

Review. 

Deadline. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1295 

‘‘(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 LEVEE SAFETY PROGRAM.— 

‘‘(1) GUIDELINES.— 

‘‘(A) IN GENERAL.—Not later than 1 year after the 

date of enactment of this subsection, in consultation with 

the Administrator, the Secretary shall issue guidelines that 

establish the minimum components necessary for recognition of a State 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 to certify to the Secretary that the State 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.— 

‘‘(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 

Procedures. 

Deadline. 

Contracts. 


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128 STAT. 1296 PUBLIC LAW 113–121—JUNE 10, 2014 

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 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 or on land of the Indian tribe; 

‘‘(iii) submit to the Secretary and Administrator 

any information collected by the State 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 

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 

Contracts. 

Deadline. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1297 

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 as follows: 

‘‘(I) 1⁄3 among States and Indian tribes that 

qualify for assistance under this subsection. 

‘‘(II) 2⁄3 among States and Indian tribes that 

qualify for assistance under this subsection, to 

each such State or Indian tribe in the proportion 

that— 

‘‘(aa) the miles of levees in the State 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 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 under 

this subparagraph shall not exceed 50 percent of the 

reasonable cost of implementing the State 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 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 

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 levee safety 

program— 


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128 STAT. 1298 PUBLIC LAW 113–121—JUNE 10, 2014 

‘‘(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 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, 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 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. 

Deadlines. 


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‘‘(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, 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 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 

Recommendations. 

Public 

information. 

33 USC 3303b. 


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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, 

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 governments and 

individuals and entities— 

‘‘(1) to promote shared responsibility for levee safety; 

‘‘(2) to encourage the development of strong State 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 governments. 

‘‘(d) LIABILITY FOR CERTAIN LEVEE ENGINEERING PROJECTS.— 

Not later than 1 year after the date of enactment of this subsection, 

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 

levee safety program.’’. 

(f) AUTHORIZATION OF APPROPRIATIONS.—Section 9008 of the 

Water Resources Development Act of 2007 (as redesignated by 

subsection (e)(1)) is amended— 

(1) by striking ‘‘are’’ and inserting ‘‘is’’; and 

(2) by striking ‘‘Secretary’’ and all that follows through 

the period at the end and inserting the following: 

‘‘Secretary— 

‘‘(1) to carry out sections 9003, 9005(c), 9005(d), 9005(e), 

and 9005(f), $4,000,000 for each of fiscal years 2015 through 

2019; 

‘‘(2) to carry out section 9004, $20,000,000 for each of 

fiscal years 2015 through 2019; and 

‘‘(3) to carry out section 9005(h), $30,000,000 for each of 

fiscal years 2015 through 2019.’’. 

SEC. 3017. REHABILITATION OF EXISTING LEVEES. 

(a) IN GENERAL.—The Secretary shall carry out measures that 

address consolidation, settlement, subsidence, sea level rise, and 

new datum to restore federally authorized hurricane and storm 

damage reduction projects that were constructed as of the date 

of enactment of this Act to the authorized levels of protection 

of the projects if the Secretary determines the necessary work 

is technically feasible, environmentally acceptable, and economically 

justified. 

(b) LIMITATION.—This section shall only apply to those projects 

for which the executed project partnership agreement provides that 

the non-Federal interest is not required to perform future measures 

to restore the project to the authorized level of protection of the 

Applicability. 

Determination. 

33 USC 3303a 

note. 

33 USC 3305. 


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project to account for subsidence and sea-level rise as part of the 

operation, maintenance, repair, replacement, and rehabilitation 

responsibilities. 

(c) COST SHARE.— 

(1) IN GENERAL.—The non-Federal share of the cost of 

construction of a project carried out under this section shall 

be determined as provided in subsections (a) through (d) of 

section 103 of the Water Resources Development Act of 1986 

(33 U.S.C. 2213). 

(2) CERTAIN ACTIVITIES.—The non-Federal share of the cost 

of operations, maintenance, repair, replacement, and rehabilitation for a project carried out under this section shall be 100 

percent. 

(d) REPORT TO CONGRESS.—Not later than 5 years after the 

date of enactment of this Act, the Secretary shall include in the 

annual report developed under section 7001— 

(1) any recommendations relating to the continued need 

for the authority provided under this section; 

(2) a description of the measures carried out under this 

section; 

(3) any lessons learned relating to the measures implemented under this section; and 

(4) best practices for carrying out measures to restore hurricane and storm damage reduction projects. 

(e) TERMINATION OF AUTHORITY.—The authority of the Secretary under this subsection terminates on the date that is 10 

years after the date of enactment of this Act. 

Subtitle C—Additional Safety Improvements and Risk Reduction Measures 

SEC. 3021. USE OF INNOVATIVE MATERIALS. 

Section 8(d) of the Water Resources Development Act of 1988 

(33 U.S.C. 2314) is amended by striking ‘‘materials’’ and all that 

follows through the period at the end and inserting ‘‘methods, 

or materials, including roller compacted concrete, geosynthetic 

materials, and advanced composites, that the Secretary determines 

are appropriate to carry out this section.’’. 

SEC. 3022. DURABILITY, SUSTAINABILITY, AND RESILIENCE. 

In carrying out the activities of the Corps of Engineers, the 

Secretary, to the maximum extent practicable, shall encourage the 

use of durable and sustainable materials and resilient construction 

techniques that— 

(1) allow a water resources infrastructure project— 

(A) to resist hazards due to a major disaster; and 

(B) to continue to serve the primary function of the 

water resources infrastructure project following a major 

disaster; 

(2) reduce the magnitude or duration of a disruptive event 

to a water resources infrastructure project; and 

(3) have the absorptive capacity, adaptive capacity, and 

recoverability to withstand a potentially disruptive event. 

33 USC 2351. 


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128 STAT. 1302 PUBLIC LAW 113–121—JUNE 10, 2014 

SEC. 3023. STUDY ON RISK REDUCTION. 

(a) IN GENERAL.—Not later than 18 months after the date 

of enactment of this Act, the Secretary, in coordination with the 

Secretary of the Interior and the Secretary of Commerce, shall 

enter into an arrangement with the National Academy of Sciences 

to carry out a study and make recommendations relating to infrastructure and coastal restoration options for reducing risk to human 

life and property from extreme weather events, such as hurricanes, 

coastal storms, and inland flooding. 

(b) CONSIDERATIONS.—The study under subsection (a) shall 

include— 

(1) an analysis of strategies and water resources projects, 

including authorized water resources projects that have not 

yet been constructed, and other projects implemented in the 

United States and worldwide to respond to risk associated 

with extreme weather events; 

(2) an analysis of— 

(A) historical extreme weather events; 

(B) the ability of existing infrastructure to mitigate 

risks associated with extreme weather events; and 

(C) the reduction in long-term costs and vulnerability 

to infrastructure through the use of resilient construction 

techniques; 

(3) identification of proven, science-based approaches and 

mechanisms for ecosystem protection and identification of natural resources likely to have the greatest need for protection, 

restoration, and conservation so that the infrastructure and 

restoration projects can continue safeguarding the communities 

in, and sustaining the economy of, the United States; 

(4) an estimation of the funding necessary to improve infrastructure in the United States to reduce risk associated with 

extreme weather events; 

(5) an analysis of the adequacy of current funding sources 

and the identification of potential new funding sources to 

finance the necessary infrastructure improvements referred to 

in paragraph (3); and 

(6) an analysis of the Federal, State, and local costs of 

natural disasters and the potential cost-savings associated with 

implementing mitigation measures. 

(c) COORDINATION.—The National Academy of Sciences may 

cooperate with the National Academy of Public Administration to 

carry out 1 or more aspects of the study under subsection (a). 

(d) PUBLICATION.—Not later than 30 days after completion of 

the study under subsection (a), the National Academy of Sciences 

shall— 

(1) submit a copy of the study to the Committee on Environment and Public Works of the Senate and the Committee 

on Transportation and Infrastructure of the House of Representatives; and 

(2) make a copy of the study available on a publicly accessible Internet site. 

SEC. 3024. MANAGEMENT OF FLOOD, DROUGHT, AND STORM DAMAGE. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the 

Committee on Environment and Public Works of the Senate and 

the Committee on Transportation and Infrastructure of the House 

Deadline. 

Study. 

Public 

information. 

Deadline. 

Records. 

Deadline. 

Contracts. 

Recommendations. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1303 

of Representatives a study of the strategies used by the Corps 

of Engineers for the comprehensive management of water resources 

in response to floods, storms, and droughts, including an historical 

review of the ability of the Corps of Engineers to manage and 

respond to historical drought, storm, and flood events. 

(b) CONSIDERATIONS.—The study under subsection (a) shall 

address— 

(1) the extent to which existing water management activities of the Corps of Engineers can better meet the goal of 

addressing future flooding, drought, and storm damage risks, 

which shall include analysis of all historical extreme weather 

events that have been recorded during the previous 5 centuries 

as well as in the geological record; 

(2) whether existing water resources projects built or maintained by the Corps of Engineers, including dams, levees, 

floodwalls, flood gates, and other appurtenant infrastructure 

were designed to adequately address flood, storm, and drought 

impacts and the extent to which the water resources projects 

have been successful at addressing those impacts; 

(3) any recommendations for approaches for repairing, 

rebuilding, or restoring infrastructure, land, and natural 

resources that consider the risks and vulnerabilities associated 

with past and future extreme weather events; 

(4) whether a reevaluation of existing management 

approaches of the Corps of Engineers could result in greater 

efficiencies in water management and project delivery that 

would enable the Corps of Engineers to better prepare for, 

contain, and respond to flood, storm, and drought conditions; 

(5) any recommendations for improving the planning processes of the Corps of Engineers to provide opportunities for 

comprehensive management of water resources that increases 

efficiency and improves response to flood, storm, and drought 

conditions; 

(6) any recommendations on the use of resilient construction techniques to reduce future vulnerability from flood, storm, 

and drought conditions; and 

(7) any recommendations for improving approaches to 

rebuilding or restoring infrastructure and natural resources 

that contribute to risk reduction, such as coastal wetlands, 

to prepare for flood and drought. 

SEC. 3025. POST-DISASTER WATERSHED ASSESSMENTS. 

(a) WATERSHED ASSESSMENTS.— 

(1) IN GENERAL.—In an area that the President has 

declared a major disaster in accordance with section 401 of 

the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), the Secretary may carry out a 

watershed assessment to identify, to the maximum extent practicable, specific flood risk reduction, hurricane and storm damage reduction, ecosystem restoration, or navigation project recommendations that will help to rehabilitate and improve the 

resiliency of damaged infrastructure and natural resources to 

reduce risks to human life and property from future natural 

disasters. 

(2) EXISTING PROJECTS.—A watershed assessment carried 

out paragraph (1) may identify existing projects being carried 

33 USC 2267b. 


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128 STAT. 1304 PUBLIC LAW 113–121—JUNE 10, 2014 

out under 1 or more of the authorities referred to in subsection 

(b)(1). 

(3) DUPLICATE WATERSHED ASSESSMENTS.—In carrying out 

a watershed assessment under paragraph (1), the Secretary 

shall use all existing watershed assessments and related 

information developed by the Secretary or other Federal, State, 

or local entities. 

(b) PROJECTS.— 

(1) IN GENERAL.—The Secretary may carry out projects 

identified under a watershed assessment under subsection (a) 

in accordance with the criteria for projects carried out under 

one of the following authorities: 

(A) Section 205 of the Flood Control Act of 1948 (33 

U.S.C. 701s). 

(B) Section 111 of the River and Harbor Act of 1968 

(33 U.S.C. 426i). 

(C) Section 206 of the Water Resources Development 

Act of 1996 (33 U.S.C. 2330). 

(D) Section 1135 of the Water Resources Development 

Act of 1986 (33 U.S.C. 2309a). 

(E) Section 107 of the River and Harbor Act of 1960 

(33 U.S.C. 577). 

(F) Section 3 of the Act of August 13, 1946 (33 U.S.C. 

426g). 

(2) ANNUAL PLAN.—For each project that does not meet 

the criteria under paragraph (1), the Secretary shall include 

a recommendation relating to the project in the annual report 

submitted to Congress by the Secretary in accordance with 

section 7001. 

(3) EXISTING PROJECTS.—In carrying out a project under 

paragraph (1), the Secretary shall— 

(A) to the maximum extent practicable, use all existing 

information and studies available for the project; and 

(B) not require any element of a study completed for 

the project prior to the disaster to be repeated. 

(c) REQUIREMENTS.—All requirements applicable to a project 

under the Acts described in subsection (b) shall apply to the project. 

(d) LIMITATIONS ON ASSESSMENTS.—A watershed assessment 

under subsection (a) shall be initiated not later than 2 years after 

the date on which the major disaster declaration is issued. 

SEC. 3026. HURRICANE AND STORM DAMAGE REDUCTION STUDY. 

(a) IN GENERAL.—As part of the study for flood and storm 

damage reduction related to natural disasters to be carried out 

by the Secretary under title II of division A of the Disaster Relief 

Appropriations Act, 2013, under the heading ‘‘Department of the 

Army—Corps of Engineers—Civil—Investigations’’ (127 Stat. 5), the 

Secretary shall make specific project recommendations. 

(b) CONSULTATION.—In making recommendations pursuant to 

this section, the Secretary may consult with key stakeholders, 

including State, county, and city governments, and, as applicable, 

State and local water districts, and in the case of recommendations 

concerning projects that substantially affect communities served 

by historically Black colleges and universities, Tribal Colleges and 

Universities, and other minority-serving institutions, the Secretary 

shall consult with those colleges, universities, and institutions. 

Recommendations. 

Deadline. 

Recommendations. 

Reports. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1305 

(c) REPORT.—The Secretary shall include any recommendations 

of the Secretary under this section in the annual report submitted 

to Congress by the Secretary in accordance with section 7001. 

SEC. 3027. EMERGENCY COMMUNICATION OF RISK. 

(a) DEFINITIONS.—In this section: 

(1) AFFECTED GOVERNMENT.—The term ‘‘affected government’’ means a State, local, or tribal government with jurisdiction over an area that will be affected by a flood. 

(2) ANNUAL OPERATING PLAN.—The term ‘‘annual operating 

plan’’ means a plan prepared by the Secretary that describes 

potential water condition scenarios for a river basin for a year. 

(b) COMMUNICATION.—In any river basin where the Secretary 

carries out flood risk management activities subject to an annual 

operating plan, the Secretary shall establish procedures for providing the public and affected governments, including Indian tribes, 

in the river basin with— 

(1) timely information regarding expected water levels; 

(2) advice regarding appropriate preparedness actions; 

(3) technical assistance; and 

(4) any other information or assistance determined appropriate by the Secretary. 

(c) PUBLIC AVAILABILITY OF INFORMATION.—To the maximum 

extent practicable, the Secretary, in coordination with the Administrator of the Federal Emergency Management Agency, shall make 

the information required under subsection (b) available to the public 

through widely used and readily available means, including on 

the Internet. 

(d) PROCEDURES.—The Secretary shall use the procedures established under subsection (b) only when precipitation or runoff exceeds 

those calculations considered as the lowest risk to life and property 

contemplated by the annual operating plan. 

SEC. 3028. SAFETY ASSURANCE REVIEW. 

Section 2035 of the Water Resources Development Act of 2007 

(33 U.S.C. 2344) is amended by adding at the end the following: 

‘‘(g) NONAPPLICABILITY OF FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to a safety assurance 

review conducted under this section.’’. 

SEC. 3029. EMERGENCY RESPONSE TO NATURAL DISASTERS. 

(a) EMERGENCY RESPONSE TO NATURAL DISASTERS.—Section 

5(a)(1) of the Act of August 18, 1941 (33 U.S.C. 701n(a)(1)), is 

amended in the first sentence— 

(1) by inserting ‘‘and subject to the condition that the 

Chief of Engineers may include modifications to the structure 

or project’’ after ‘‘work for flood control’’; and 

(2) by striking ‘‘structure damaged or destroyed by wind, 

wave, or water action of other than an ordinary nature when 

in the discretion of the Chief of Engineers such repair and 

restoration is warranted for the adequate functioning of the 

structure for hurricane or shore protection’’ and inserting 

‘‘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 

Web posting. 

Procedures. 

33 USC 709c. 


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128 STAT. 1306 PUBLIC LAW 113–121—JUNE 10, 2014 

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 by the 

non-Federal sponsor’’. 

(b) REVIEW OF EMERGENCY RESPONSE AUTHORITIES.— 

(1) IN GENERAL.—The Secretary shall undertake a review 

of implementation of section 5 of the Act of August 18, 1941 

(33 U.S.C. 701n), to evaluate the alternatives available to the 

Secretary to ensure— 

(A) the safety of affected communities to future flooding 

and storm events; 

(B) the resiliency of water resources development 

projects to future flooding and storm events; 

(C) the long-term cost-effectiveness of water resources 

development projects that provide flood control and hurricane and storm damage reduction benefits; and 

(D) the policy goals and objectives that have been 

outlined by the President as a response to recent extreme 

weather events, including Hurricane Sandy, that relate 

to preparing for future floods are met. 

(2) SCOPE OF REVIEW.—In carrying out the review, the 

Secretary shall— 

(A) review the historical precedents and implementation of section 5 of that Act, including those actions undertaken by the Secretary, over time, under that section— 

(i) to repair or restore a project; and 

(ii) to increase the level of protection for a damaged 

project to address future conditions; 

(B) evaluate the difference between adopting, as an 

appropriate standard under section 5 of that Act, the repair 

or restoration of a project to pre-flood or pre-storm levels 

and the repair or restoration of a project to a design level 

of protection, including an assessment for each standard 

of— 

(i) the implications on populations at risk of 

flooding or damage; 

(ii) the implications on probability of loss of life; 

(iii) the implications on property values at risk 

of flooding or damage; 

(iv) the implications on probability of increased 

property damage and associated costs; 

(v) the implications on local and regional economies; and 

(vi) the estimated total cost and estimated cost 

savings; 

(C) review and evaluate the historic and potential uses, 

and economic feasibility for the life of the project, of nonstructural alternatives, including natural features such as 

dunes, coastal wetlands, floodplains, marshes, and 

mangroves, to reduce the damage caused by floods, storm 

surges, winds, and other aspects of extreme weather events, 

and to increase the resiliency and long-term cost-effectiveness of water resources development projects; 

(D) incorporate the science on expected rates of sealevel rise and extreme weather events; 

Evaluation. 

Evaluation. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1307 

(E) incorporate the work completed by the Hurricane 

Sandy Rebuilding Task Force, established by Executive 

Order No. 13632 (77 Fed. Reg. 74341); and 

(F) review the information obtained from the report 

developed under subsection (c)(1). 

(c) REPORTS.— (1) BIENNIAL REPORT TO CONGRESS.— (A) IN GENERAL.—Not later than 2 years after the 

date of enactment of this Act and every 2 years 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 detailing the amounts expended in 

the previous 5 fiscal years to carry out Corps of Engineers 

projects under section 5 of the Act of August 18, 1941 

(33 U.S.C. 701n). 

(B) INCLUSIONS.—A report under subparagraph (A) 

shall, at a minimum, include a description of— 

(i) each structure, feature, or project for which 

amounts are expended, including the type of structure, 

feature, or project and cost of the work; and 

(ii) how the Secretary has repaired, restored, 

replaced, or modified each structure, feature, or project 

or intends to restore the structure, feature, or project 

to the design level of protection for the structure, feature, or project. 

(2) REPORT ON REVIEW OF EMERGENCY RESPONSE AUTHORI- TIES.—Not later than 18 months after 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 publicly available a report on the 

results of the review under subsection (b). 

TITLE IV—RIVER BASINS AND COASTAL 

AREAS 

SEC. 4001. RIVER BASIN COMMISSIONS. 

Section 5019 of the Water Resources Development Act of 2007 

(121 Stat. 1201) is amended by striking subsection (b) and inserting 

the following: 

‘‘(b) AUTHORIZATION TO ALLOCATE.— ‘‘(1) IN GENERAL.—The Secretary shall allocate funds to 

the Susquehanna River Basin Commission, the Delaware River 

Basin Commission, and the Interstate Commission on the 

Potomac River Basin to fulfill the equitable funding requirements of the respective interstate compacts. 

‘‘(2) AMOUNTS.—For each fiscal year, the Secretary shall 

allocate to each Commission described in paragraph (1) an 

amount equal to the amount determined by the Commission 

in accordance with the respective interstate compact approved 

by Congress. 

‘‘(3) NOTIFICATION.—If the Secretary does not allocate funds 

for a given fiscal year in accordance with paragraph (2), the 

Secretary, in conjunction with the subsequent submission by 

the President of the budget to Congress under section 1105(a) 

Public 

information. 

33 USC 701n–1. 


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128 STAT. 1308 PUBLIC LAW 113–121—JUNE 10, 2014 

of title 31, United States Code, 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 notice that describes— 

‘‘(A) the reasons why the Secretary did not allocate 

funds in accordance with paragraph (2) for that fiscal year; 

and 

‘‘(B) the impact of that decision not to allocate funds 

on each area of jurisdiction of each Commission described 

in paragraph (1), including with respect to— 

‘‘(i) water supply allocation; 

‘‘(ii) water quality protection; 

‘‘(iii) regulatory review and permitting; 

‘‘(iv) water conservation; 

‘‘(v) watershed planning; 

‘‘(vi) drought management; 

‘‘(vii) flood loss reduction; 

‘‘(viii) recreation; and 

‘‘(ix) energy development.’’. 

SEC. 4002. MISSISSIPPI RIVER. 

(a) MISSISSIPPI RIVER FORECASTING IMPROVEMENTS.— 

(1) IN GENERAL.—The Secretary, in consultation with the 

Secretary of the department in which the Coast Guard is operating, the Director of the United States Geological Survey, 

the Administrator of the National Oceanic and Atmospheric 

Administration, and the Director of the National Weather 

Service, as applicable, shall improve forecasting on the Mississippi River by— 

(A) updating forecasting technology deployed on the 

Mississippi River and its tributaries through— 

(i) the construction of additional automated river 

gages; 

(ii) the rehabilitation of existing automated and 

manual river gages; and 

(iii) the replacement of manual river gages with 

automated gages, as the Secretary determines to be 

necessary; 

(B) constructing additional sedimentation ranges on 

the Mississippi River and its tributaries; and 

(C) deploying additional automatic identification 

system base stations at river gage sites. 

(2) PRIORITIZATION.—In carrying out this subsection, the 

Secretary shall prioritize the sections of the Mississippi River 

on which additional and more reliable information would have 

the greatest impact on maintaining navigation on the Mississippi River. 

(3) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress and 

make publicly available a report on the activities carried out 

by the Secretary under this subsection. 

(b) MIDDLE MISSISSIPPI RIVER PILOT PROGRAM.— 

(1) IN GENERAL.—In accordance with the project for navigation, Mississippi River between the Ohio and Missouri Rivers 

(Regulating Works), Missouri and Illinois, authorized by the 

Act of June 25, 1910 (36 Stat. 631, chapter 382) (commonly 

known as the ‘‘River and Harbor Act of 1910’’), the Act of 

Public 

information. 

Consultation. 

33 USC 605a. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1309 

January 1, 1927 (44 Stat. 1010, chapter 47) (commonly known 

as the ‘‘River and Harbor Act of 1927’’), and the Act of July 

3, 1930 (46 Stat. 918, chapter 847), the Secretary may study 

improvements to navigation and aquatic ecosystem restoration 

in the middle Mississippi River. 

(2) DISPOSITION.— 

(A) IN GENERAL.—The Secretary may carry out any 

project identified pursuant to paragraph (1) in accordance 

with the criteria for projects carried out under one of the 

following authorities: 

(i) Section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330). 

(ii) Section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a). 

(iii) Section 107 of the River and Harbor Act of 

1960 (33 U.S.C. 577). 

(iv) Section 104(a) of the River and Harbor Act 

of 1958 (33 U.S.C. 610(a)). 

(B) REPORT.—For each project that does not meet the 

criteria under subparagraph (A), the Secretary shall include 

a recommendation relating to the project in the annual 

report submitted to Congress by the Secretary in accordance with section 7001. 

(c) GREATER MISSISSIPPI RIVER BASIN SEVERE FLOODING AND

DROUGHT MANAGEMENT STUDY.— 

(1) DEFINITION OF GREATER MISSISSIPPI RIVER BASIN.—In 

this subsection, the term ‘‘greater Mississippi River Basin’’ 

means the area covered by hydrologic units 5, 6, 7, 8, 10, 

and 11, as identified by the United States Geological Survey 

as of the date of enactment of this Act. 

(2) IN GENERAL.—The Secretary shall carry out a study 

of the greater Mississippi River Basin— 

(A) to improve the coordinated and comprehensive 

management of water resource projects in the greater Mississippi River Basin relating to severe flooding and drought 

conditions; and 

(B) to identify and evaluate— 

(i) modifications to those water resource projects, 

consistent with the authorized purposes of those 

projects; and 

(ii) the development of new water resource projects 

to improve the reliability of navigation and more effectively reduce flood risk. 

(3) REPORT.—Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress and 

make publicly available a report on the study carried out under 

this subsection. 

(4) SAVINGS CLAUSE.—Nothing in this subsection impacts 

the operations and maintenance of the Missouri River 

Mainstem System, as authorized by the Act of December 22, 

1944 (commonly known as the ‘‘Flood Control Act of 1944’’)(58 

Stat. 897, chapter 665). 

(d) FLEXIBILITY IN MAINTAINING NAVIGATION.— 

(1) EXTREME LOW WATER EVENT DEFINED.—In this subsection, the term ‘‘extreme low water event’’ means an extended 

period of time during which low water threatens the safe 

Public 

information. 

Recommendations. 


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commercial use of the Mississippi River for navigation, 

including the use and availability of fleeting areas. 

(2) REPORT ON AREAS FOR ACTION.— 

(A) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, the Secretary, in consultation 

with the Secretary of the department in which the Coast 

Guard is operating, shall complete and make publicly available a report identifying areas that are unsafe and unreliable for commercial navigation during extreme low water 

events along the authorized Federal navigation channel 

on the Mississippi River and measures to address those 

restrictions. 

(B) INCLUSIONS.—The report under subparagraph (A) 

shall— 

(i) consider data from the most recent extreme 

low water events that impacted navigation along the 

authorized Federal navigation channel on the Mississippi River; 

(ii) identify locations for potential modifications, 

including improvements outside the authorized navigation channel, that will alleviate hazards at areas that 

constrain navigation during extreme low water events 

along the authorized Federal navigation channel on 

the Mississippi River; and 

(iii) include recommendations for possible actions 

to address constrained navigation during extreme low 

water events. 

(3) AUTHORIZED ACTIVITIES.—If the Secretary, in consultation with the Secretary of the department in which the Coast 

Guard is operating, determines it to be critical to maintaining 

safe and reliable navigation within the authorized Federal 

navigation channel on the Mississippi River, the Secretary may 

carry out activities outside the authorized Federal navigation 

channel along the Mississippi River, including the construction 

and operation of maintenance of fleeting areas, that— 

(A) are necessary for safe and reliable navigation in 

the Federal channel; and 

(B) have been identified in the report under paragraph 

(2). 

(4) RESTRICTION.—The Secretary shall only carry out activities authorized under paragraph (3) for such period of time 

as is necessary to maintain reliable navigation during the 

extreme low water event. 

(5) NOTIFICATION.—Not later than 60 days after initiating 

an activity under this subsection, 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 notice that includes— 

(A) a description of the activities undertaken, including 

the costs associated with the activities; and 

(B) a comprehensive description of how the activities 

are necessary for maintaining safe and reliable navigation 

of the Federal channel. 

SEC. 4003. MISSOURI RIVER. 

(a) UPPER MISSOURI BASIN FLOOD AND DROUGHT MONI- TORING.— 

Public 

information. 


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(1) IN GENERAL.—The Secretary, in coordination with the 

Administrator of the National Oceanic and Atmospheric 

Administration, the Chief of the Natural Resources Conservation Service, the Director of the United States Geological 

Survey, and the Commissioner of the Bureau of Reclamation, 

shall carry out activities to improve and support management 

of Corps of Engineers water resources development projects, 

including— 

(A) soil moisture and snowpack monitoring in the 

Upper Missouri River Basin to reduce flood risk and 

improve river and water resource management in the 

Upper Missouri River Basin, as outlined in the February 

2013 report entitled ‘‘Upper Missouri Basin Monitoring 

Committee—Snow Sampling and Instrumentation Recommendations’’; 

(B) restoring and maintaining existing mid- and highelevation snowpack monitoring sites operated under the 

SNOTEL program of the Natural Resources Conservation 

Service; and 

(C) operating streamflow gages and related interpretive 

studies in the Upper Missouri River Basin under the 

cooperative water program and the national streamflow 

information program of the United States Geological 

Service. 

(2) USE OF FUNDS.—Amounts made available to the Secretary to carry out activities under this subsection shall be 

used to supplement but not supplant other related activities 

of Federal agencies that are carried out within the Missouri 

River Basin. 

(3) COOPERATIVE AGREEMENTS.— 

(A) IN GENERAL.—The Secretary may enter into 

cooperative agreements with other Federal agencies to 

carry out this subsection. 

(B) MAINTENANCE OF EFFORT.—The Secretary may only 

enter into a cooperative agreement with another Federal 

agency under this paragraph if such agreement specifies 

that the agency will maintain aggregate expenditures in 

the Missouri River Basin for existing programs that implement activities described in paragraph (1) at a level that 

is equal to or exceeds the aggregate expenditures for the 

fiscal year immediately preceding the fiscal year in which 

such agreement is signed. 

(4) REPORT.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States, 

in consultation with 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— 

(A) identifies progress made by the Secretary and other 

Federal agencies in implementing the recommendations 

contained in the report described in paragraph (1)(A) with 

respect to enhancing soil moisture and snowpack monitoring in the Upper Missouri Basin; 

(B) includes recommendations— 

(i) to enhance soil moisture and snowpack monitoring in the Upper Missouri Basin that would enhance 

Recommendations. 

Deadline. 


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water resources management, including managing 

flood risk, in that basin; and 

(ii) on the most efficient manner of collecting and 

sharing data to assist Federal agencies with water 

resources management responsibilities; 

(C) identifies the expected costs and timeline for implementing the recommendations described in subparagraph 

(B)(i); and 

(D) identifies the role of States and other Federal agencies in gathering necessary soil moisture and snowpack 

monitoring data. 

(b) MISSOURI RIVER BETWEEN FORT PECK DAM, MONTANA AND

GAVINS POINT DAM, SOUTH DAKOTA AND NEBRASKA.—Section 9(f) 

of the Act of December 22, 1944 (commonly known as the ‘‘Flood 

Control Act of 1944’’) (58 Stat. 891, chapter 665; 102 Stat. 4031) 

is amended in the second sentence by striking ‘‘$3,000,000’’ and 

inserting ‘‘$5,000,000’’. 

(c) MISSOURI RIVER RECOVERY IMPLEMENTATION COMMITTEE

EXPENSES REIMBURSEMENT.—Section 5018(b)(5) of the Water 

Resources Development Act of 2007 (121 Stat. 1200) is amended 

by striking subparagraph (B) and inserting the following: 

‘‘(B) TRAVEL EXPENSES.—Subject to the availability of 

funds, the Secretary may reimburse a member of the Committee for travel expenses, including per diem in lieu of 

subsistence, at rates authorized for an employee of a Federal agency under subchapter I of chapter 57 of title 5, 

United States Code, while away from the home or regular 

place of business of the member in performance of services 

for the Committee.’’. 

(d) UPPER MISSOURI SHORELINE STABILIZATION.— 

(1) IN GENERAL.—The Secretary shall conduct a study to 

determine the feasibility of carrying out projects to address 

shoreline erosion in the Upper Missouri River Basin (including 

the States of South Dakota, North Dakota, and Montana) 

resulting from the operation of a reservoir constructed under 

the Pick-Sloan Missouri River Basin Program (authorized by 

section 9 of the Act of December 22, 1944 (commonly known 

as the ‘‘Flood Control Act of 1944’’) (58 Stat. 891, chapter 

665)). 

(2) CONTENTS.—The study carried out under paragraph 

(1) shall, to the maximum extent practicable— 

(A) use previous assessments completed by the Corps 

of Engineers or other Federal agencies; and 

(B) assess the infrastructure needed to— 

(i) reduce shoreline erosion; 

(ii) mitigate additional loss of land; 

(iii) contribute to environmental and ecosystem 

improvement; and 

(iv) protect existing community infrastructure, 

including roads and water and waste-water related 

infrastructure. 

(3) DISPOSITION.—The Secretary may carry out projects 

identified in the study under paragraph (1) in accordance with 

the criteria for projects carried out under section 14 of the 

Flood Control Act of 1946 (33 U.S.C. 701r). 

(4) ANNUAL REPORT.—For each project identified in the 

study under paragraph (1) that cannot be carried out under 

Determination. 

Study. 


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any of the authorities specified in paragraph (3), upon determination by the Secretary of the feasibility of the project, 

the Secretary may include a recommendation relating to the 

project in the annual report submitted to Congress under section 7001. 

(5) COORDINATION.—In carrying out this subsection, the 

Secretary shall consult and coordinate with the appropriate 

State or tribal agency for the area in which the project is 

located. 

(6) PAYMENT OPTIONS.—The Secretary shall allow the full 

non-Federal contribution for a project under this subsection 

to be paid in accordance with section 103(k) of the Water 

Resources Development Act of 1986 (33 U.S.C. 2213(k)). 

(e) MISSOURI RIVER FISH AND WILDLIFE MITIGATION.—The Secretary shall include in the first budget of the United States Government submitted by the President under section 1105 of title 31, 

United States Code, after the date of enactment of this Act, and 

biennially thereafter, a report that describes activities carried out 

by the Secretary relating to the project for mitigation of fish and 

wildlife losses, Missouri River Bank Stabilization and Navigation 

Project, Missouri, Kansas, Iowa, and Nebraska, authorized by section 601(a) of the Water Resources Development Act of 1986 (100 

Stat. 4143), including— 

(1) an inventory of all actions taken by the Secretary in 

furtherance of the project, including an inventory of land owned 

or acquired by the Secretary; 

(2) a description, including a prioritization, of the specific 

actions proposed to be undertaken by the Secretary for the 

subsequent fiscal year in furtherance of the project; 

(3) an assessment of the progress made in furtherance 

of the project, including— 

(A) a description of how each of the actions identified 

under paragraph (1) have impacted the progress; and 

(B) the status of implementation of any applicable 

requirements of the Endangered Species Act of 1973 (16 

U.S.C. 1531 et seq.), including any applicable biological 

opinions; and 

(4) an assessment of additional actions or authority necessary to achieve the results of the project. 

(f) LOWER YELLOWSTONE.—Section 3109 of the Water Resources 

Development Act of 2007 (121 Stat. 1135) is amended— 

(1) by striking ‘‘The Secretary may’’ and inserting the following: 

‘‘(a) IN GENERAL.—The Secretary may’’; and 

(2) by adding at the end the following: 

‘‘(b) LOCAL PARTICIPATION.—In carrying out subsection (a), the 

Secretary shall consult with, and consider the activities being carried out by— 

‘‘(1) other Federal agencies; 

‘‘(2) conservation districts; 

‘‘(3) the Yellowstone River Conservation District Council; 

and 

‘‘(4) the State of Montana.’’. 

SEC. 4004. ARKANSAS RIVER. 

(a) PROJECT GOAL.—The goal for operation of the McClellanKerr Arkansas River navigation system, Arkansas and Oklahoma, 

Consultation. 

Reports. 

Deadline. 

Consultation. 


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shall be to maximize the use of the system in a balanced approach 

that incorporates advice from representatives from all project purposes to ensure that the full value of the system is realized by 

the United States. 

(b) MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION SYSTEM

ADVISORY COMMITTEE.— 

(1) IN GENERAL.—In accordance with the Federal Advisory 

Committee Act (5 U.S.C. App.), the Secretary shall establish 

an advisory committee for the McClellan-Kerr Arkansas River 

navigation system, Arkansas and Oklahoma project authorized 

by the first section of the Act of July 24, 1946 (60 Stat. 635, 

chapter 595). 

(2) DUTIES.—The advisory committee shall— 

(A) serve in an advisory capacity only; and 

(B) provide information and recommendations to the 

Corps of Engineers relating to the efficiency, reliability, 

and availability of the operations of the McClellan-Kerr 

Arkansas River navigation system. 

(3) SELECTION AND COMPOSITION.—The advisory committee 

shall be— 

(A) selected jointly by the Little Rock district engineer 

and the Tulsa district engineer; and 

(B) composed of members that equally represent the 

McClellan-Kerr Arkansas River navigation system project 

purposes. 

(4) AGENCY RESOURCES.—The Little Rock district and the 

Tulsa district of the Corps of Engineers, under the supervision 

of the southwestern division, shall jointly provide the advisory 

committee with adequate staff assistance, facilities, and 

resources. 

(5) TERMINATION.— 

(A) IN GENERAL.—Subject to subparagraph (B), the 

advisory committee shall terminate on the date on which 

the Secretary submits a report to Congress demonstrating 

increases in the efficiency, reliability, and availability of 

the McClellan-Kerr Arkansas River navigation system. 

(B) RESTRICTION.—The advisory committee shall terminate not less than 2 calendar years after the date on 

which the advisory committee is established. 

SEC. 4005. COLUMBIA BASIN. 

Section 536(g) of the Water Resources Development Act of 

2000 (114 Stat. 2661) is amended by striking ‘‘$30,000,000’’ and 

inserting ‘‘$50,000,000’’. 

SEC. 4006. RIO GRANDE. 

Section 5056 of the Water Resources Development Act of 2007 

(121 Stat. 1213) is amended— 

(1) in subsection (b)(2)— 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘2008’’ and inserting ‘‘2014’’; and 

(B) in subparagraph (C), by inserting ‘‘and an assessment of needs for other related purposes in the Rio Grande 

Basin, including flood damage reduction’’ after ‘‘assessment’’; 

(2) in subsection (c)(2)— 

Establishment. 

Oklahoma. 


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(A) by striking ‘‘an interagency agreement with’’ and 

inserting ‘‘1 or more interagency agreements with the Secretary of State and’’; and 

(B) by inserting ‘‘or the U.S. Section of the International Boundary and Water Commission’’ after ‘‘the 

Department of the Interior’’; and 

(3) in subsection (f), by striking ‘‘2011’’ and inserting ‘‘2019’’. 

SEC. 4007. NORTHERN ROCKIES HEADWATERS. 

(a) IN GENERAL.—The Secretary shall conduct a study to determine the feasibility of carrying out projects for aquatic ecosystem 

restoration and flood risk reduction that will mitigate the impacts 

of extreme weather events, including floods and droughts, on 

communities, water users, and fish and wildlife located in and 

along the headwaters of the Columbia, Missouri, and Yellowstone 

Rivers (including the tributaries of those rivers) in the States of 

Idaho and Montana. 

(b) INCLUSIONS.—The study under subsection (a) shall, to the 

maximum extent practicable— 

(1) emphasize the protection and enhancement of natural 

riverine processes; and 

(2) assess the individual and cumulative needs associated 

with— 

(A) floodplain restoration and reconnection; 

(B) floodplain and riparian area protection through 

the use of conservation easements; 

(C) instream flow restoration projects; 

(D) fish passage improvements; 

(E) channel migration zone mapping; and 

(F) invasive weed management. 

(c) DISPOSITION.— 

(1) IN GENERAL.—The Secretary may carry out any project 

identified in the study pursuant to subsection (a) in accordance 

with the criteria for projects carried out under one of the 

following authorities: 

(A) Section 206 of the Water Resources Development 

Act of 1996 (33 U.S.C. 2330). 

(B) Section 1135 of the Water Resources Development 

Act of 1986 (33 U.S.C. 2309a). 

(C) Section 104(a) of the River and Harbor Act of 

1958 (33 U.S.C. 610(a)). 

(D) Section 205 of the Flood Control Act of 1948 (33 

U.S.C. 701s). 

(2) REPORT.—For each project that does not meet the criteria under paragraph (1), the Secretary shall include a recommendation relating to the project in the annual report submitted to Congress by the Secretary in accordance with section 

7001. 

(d) COORDINATION.—In carrying out this section, the Secretary— 

(1) shall consult and coordinate with the appropriate agency 

for each State and Indian tribe; and 

(2) may enter into cooperative agreements with those State 

or tribal agencies described in paragraph (1). 

(e) LIMITATIONS.—Nothing in this section invalidates, preempts, 

or creates any exception to State water law, State water rights, 

or Federal or State permitted activities or agreements in the States 

Contracts. 

Consultation. 

Recommendations. 

Study. 

Idaho. 

Montana. 


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of Idaho and Montana or any State containing tributaries to rivers 

in those States. 

SEC. 4008. RURAL WESTERN WATER. 

Section 595 of the Water Resources Development Act of 1999 

(113 Stat. 383) is amended— 

(1) by striking subsection (c) and inserting the following: 

‘‘(c) FORM OF ASSISTANCE.—Assistance under this section may 

be in the form of— 

‘‘(1) design and construction assistance for water-related 

environmental infrastructure and resource protection and 

development in Idaho, Montana, rural Nevada, New Mexico, 

rural Utah, and Wyoming, including projects for— 

‘‘(A) wastewater treatment and related facilities; 

‘‘(B) water supply and related facilities; 

‘‘(C) environmental restoration; and 

‘‘(D) surface water resource protection and development; and 

‘‘(2) technical assistance to small and rural communities 

for water planning and issues relating to access to water 

resources.’’; and 

(2) by striking subsection (h) and inserting the following: 

‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section for the period beginning 

with fiscal year 2001, $435,000,000, which shall— 

‘‘(1) be made available to the States and locales described 

in subsection (b) consistent with program priorities determined 

by the Secretary in accordance with criteria developed by the 

Secretary to establish the program priorities; and 

‘‘(2) remain available until expended.’’. 

SEC. 4009. NORTH ATLANTIC COASTAL REGION. 

(a) IN GENERAL.—The Secretary shall conduct a study to determine the feasibility of carrying out projects to restore aquatic ecosystems within the coastal waters of the Northeastern United States 

from the State of Virginia to the State of Maine, including associated 

bays, estuaries, and critical riverine areas. 

(b) STUDY.—In carrying out the study under subsection (a), 

the Secretary shall— 

(1) as appropriate, coordinate with the heads of other appropriate Federal agencies, the Governors of the coastal States 

from Virginia to Maine, nonprofit organizations, and other 

interested parties; 

(2) identify projects for aquatic ecosystem restoration based 

on an assessment of the need and opportunities for aquatic 

ecosystem restoration within the coastal waters of the Northeastern States described in subsection (a); and 

(3) use, to the maximum extent practicable, any existing 

plans and data. 

(c) DISPOSITION.— 

(1) IN GENERAL.—The Secretary may carry out any project 

identified in the study pursuant to subsection (a) in accordance 

with the criteria for projects carried out under one of the 

following authorities: 

(A) Section 206 of the Water Resources Development 

Act of 1996 (33 U.S.C. 2330). 

(B) Section 1135 of the Water Resources Development 

Act of 1986 (33 U.S.C. 2309a). 

Study. 

State listing. 


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(C) Section 3 of the Act of August 13, 1946 (33 U.S.C. 

426g). 

(D) Section 204 of the Water Resources Development 

Act of 1992 (33 U.S.C. 2326). 

(2) REPORT.—For each project that does not meet the criteria under paragraph (1), the Secretary shall include a recommendation relating to the project in the annual report submitted to Congress by the Secretary in accordance with section 

7001. 

SEC. 4010. CHESAPEAKE BAY. 

(a) IN GENERAL.—Section 510 of the Water Resources Development Act of 1996 (Public Law 104–303; 110 Stat. 3759; 121 Stat. 

1202) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) by striking ‘‘pilot program’’ and inserting ‘‘program’’; and 

(ii) by inserting ‘‘in the basin States described 

in subsection (f) and the District of Columbia’’ after 

‘‘interests’’; and 

(B) by striking paragraph (2) and inserting the following: 

‘‘(2) FORM.—The assistance under paragraph (1) shall be 

in the form of design and construction assistance for waterrelated resource protection and restoration projects affecting 

the Chesapeake Bay estuary, based on the comprehensive plan 

under subsection (b), including projects for— 

‘‘(A) sediment and erosion control; 

‘‘(B) protection of eroding shorelines; 

‘‘(C) ecosystem restoration, including restoration of submerged aquatic vegetation; 

‘‘(D) protection of essential public works; 

‘‘(E) beneficial uses of dredged material; and 

‘‘(F) other related projects that may enhance the living 

resources of the estuary.’’; 

(2) by striking subsection (b) and inserting the following: 

‘‘(b) COMPREHENSIVE PLAN.— 

‘‘(1) IN GENERAL.—Not later than 2 years after the date 

of enactment of the Water Resources Reform and Development 

Act of 2014, the Secretary, in cooperation with State and local 

governmental officials and affected stakeholders, shall develop 

a comprehensive Chesapeake Bay restoration plan to guide 

the implementation of projects under subsection (a)(2). 

‘‘(2) COORDINATION.—The restoration plan described in 

paragraph (1) shall, to the maximum extent practicable, consider and avoid duplication of any ongoing or planned actions 

of other Federal, State, and local agencies and nongovernmental 

organizations. 

‘‘(3) PRIORITIZATION.—The restoration plan described in 

paragraph (1) shall give priority to projects eligible under subsection (a)(2) that will also improve water quality or quantity 

or use natural hydrological features and systems.’’; 

(3) in subsection (c)— 

(A) in paragraph (1), by striking ‘‘to provide’’ and all 

that follows through the period at the end and inserting 

‘‘for the design and construction of a project carried out 

Deadline. 

Recommendations. 


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pursuant to the comprehensive Chesapeake Bay restoration 

plan described in subsection (b).’’; 

(B) in paragraph (2)(A), by striking ‘‘facilities or 

resource protection and development plan’’ and inserting 

‘‘resource protection and restoration plan’’; and 

(C) by adding at the end the following: 

‘‘(3) PROJECTS ON FEDERAL LAND.—A project carried out 

pursuant to the comprehensive Chesapeake Bay restoration 

plan described in subsection (b) that is located on Federal 

land shall be carried out at the expense of the Federal agency 

that owns the land on which the project will be a carried 

out. 

‘‘(4) NON-FEDERAL CONTRIBUTIONS.—A Federal agency carrying out a project described in paragraph (3) may accept 

contributions of funds from non-Federal entities to carry out 

that project.’’; 

(4) by striking subsection (e) and inserting the following: 

‘‘(e) COOPERATION.—In carrying out this section, the Secretary 

shall cooperate with— 

‘‘(1) the heads of appropriate Federal agencies, including— 

‘‘(A) the Administrator of the Environmental Protection 

Agency; 

‘‘(B) the Secretary of Commerce, acting through the 

Administrator of the National Oceanographic and 

Atmospheric Administration; 

‘‘(C) the Secretary of the Interior, acting through the 

Director of the United States Fish and Wildlife Service; 

and 

‘‘(D) the heads of such other Federal agencies as the 

Secretary determines to be appropriate; and 

‘‘(2) agencies of a State or political subdivision of a State, 

including the Chesapeake Bay Commission.’’; 

(5) by striking subsection (f) and inserting the following: 

‘‘(f) PROJECTS.—The Secretary shall establish, to the maximum 

extent practicable, at least 1 project under this section in— 

‘‘(1) regions within the Chesapeake Bay watershed of each 

of the basin States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia; and 

‘‘(2) the District of Columbia.’’; 

(6) by striking subsection (h); and 

(7) by redesignating subsection (i) as subsection (h). 

(b) CHESAPEAKE BAY OYSTER RESTORATION.—Section 704(b) of 

Water Resources Development Act of 1986 (33 U.S.C. 2263(b)) is 

amended— 

(1) in paragraph (1), by striking ‘‘$50,000,000’’ and inserting 

‘‘$60,000,000’’; and 

(2) in paragraph (4), by striking subparagraph (B) and 

inserting the following: 

‘‘(B) FORM.—The non-Federal share may be provided 

through in-kind services, including— 

‘‘(i) the provision by the non-Federal interest of 

shell stock material that is determined by the Secretary to be suitable for use in carrying out the project; 

and 

‘‘(ii) in the case of a project carried out under 

paragraph (2)(D) after the date of enactment of this 

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clause, land conservation or restoration efforts undertaken by the non-Federal interest that the Secretary 

determines provide water quality benefits that— 

‘‘(I) enhance the viability of oyster restoration 

efforts; 

‘‘(II) are integral to the project; and 

‘‘(III) are cost effective.’’. 

SEC. 4011. LOUISIANA COASTAL AREA. 

(a) REVIEW OF COASTAL MASTER PLAN.—Section 7002(c) of the 

Water Resources Development Act of 2007 (121 Stat. 1271) is 

amended by inserting ‘‘, or the plan entitled ‘Louisiana Comprehensive Master Plan for a Sustainable Coast’ prepared by the State 

of Louisiana and accepted by the Louisiana Coastal Protection 

and Restoration Authority (including any subsequent amendments 

or revisions)’’ before the period at the end. 

(b) INTERIM USE OF PLAN.— (1) DEFINITIONS.—In this subsection: 

(A) ANNUAL REPORT.—The term ‘‘annual report’’ has 

the meaning given the term in section 7001(f). 

(B) FEASIBILITY REPORT; FEASIBILITY STUDY.—The 

terms ‘‘feasibility report’’ and ‘‘feasibility study’’ have the 

meanings given those terms in section 7001(f). 

(2) REVIEW.—The Secretary shall— 

(A) review the plan entitled ‘Louisiana’s Comprehensive Master Plan for a Sustainable Coast’ prepared by 

the State of Louisiana and accepted by the Louisiana 

Coastal Protection and Restoration Authority Board 

(including any subsequent amendments or revisions); and 

(B) in consultation with the State of Louisiana, identify 

and conduct feasibility studies for up to 10 projects included 

in the plan described in subparagraph (A). 

(3) RECOMMENDATIONS.—The Secretary shall include in the 

subsequent annual report, in accordance with section 7001— 

(A) any proposed feasibility study initiated under paragraph (2)(B); and 

(B) any feasibility report for a project identified under 

paragraph (2)(B). 

(4) ADMINISTRATION.—Section 7008 of the Water Resources 

Development Act of 2007 (121 Stat. 1278) shall not apply to 

any feasibility study carried out under this subsection. 

(c) SCIENCE AND TECHNOLOGY.—Section 7006(a)(2) of the Water 

Resources Development Act of 2007 (121 Stat. 1274) is amended— 

(1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and 

(2) by inserting after subparagraph (B) the following: 

‘‘(C) to examine a systemwide approach to coastal 

sustainability;’’. 

SEC. 4012. RED RIVER BASIN. 

(a) IN GENERAL.—In the case of a reservoir located within 

the Red River Basin for which the Department of the Army is 

authorized to provide for municipal and industrial water supply 

storage and irrigation storage, the Secretary may reassign unused 

irrigation storage to storage for municipal and industrial water 

supply for use by a State or local interest that has entered into 

an agreement with the Secretary for water supply storage at that 

reservoir prior to the date of enactment of this Act. 

Contracts. 

Consultation. 

Studies. 


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(b) ADMINISTRATION.—Any assignment under subsection (a) 

shall be subject to such terms and conditions as the Secretary 

determines to be appropriate and necessary in the public interest. 

SEC. 4013. TECHNICAL CORRECTIONS. 

(a) RARITAN RIVER.—Section 102 of the Energy and Water 

Development Appropriations Act, 1998 (Public Law 105–62; 111 

Stat. 1327), is repealed. 

(b) DES MOINES, BOONE, AND RACCOON RIVERS.—The boundaries for the project referred to as the Des Moines Recreational 

River and Greenbelt, Iowa, under the heading ‘‘CORPS OF ENGINEERS—CIVIL’’ under the heading ‘‘DEPARTMENT OF THE ARMY’’ 

under the heading ‘‘DEPARTMENT OF DEFENSE—CIVIL’’ in 

chapter IV of title I of the Supplemental Appropriations Act, 1985 

(99 Stat. 313), are revised to include the entirety of sections 19 

and 29, situated in T. 89 N., R. 28 W. 

(c) SOUTH FLORIDA COASTAL AREA.—Section 109 of title I of 

division B of the Miscellaneous Appropriations Act, 2001 (114 Stat. 

2763A–221; 121 Stat. 1217) is amended— 

(1) in subsection (a), by inserting ‘‘and unincorporated 

communities’’ after ‘‘municipalities’’; 

(2) by redesignating subsection (f) as subsection (g); and 

(3) by inserting after subsection (e) the following: 

‘‘(f) PRIORITY.—In providing assistance under this section, the 

Secretary shall give priority to projects sponsored by current nonFederal interests, incorporated communities in Monroe County, 

Monroe County, and the State of Florida.’’. 

(d) TRINITY RIVER AND TRIBUTARIES.—Section 5141(a)(2) of the 

Water Resources Development Act of 2007 (121 Stat. 1253) is 

amended by inserting ‘‘and the Interior Levee Drainage Study 

Phase–II report, Dallas, Texas, dated January 2009,’’ after ‘‘September 2006,’’. 

(e) CENTRAL AND SOUTHERN FLORIDA CANAL.— 

(1) IN GENERAL.—The Secretary shall consider any amounts 

and associated program income provided prior to the date of 

enactment of this Act by the Secretary of the Interior to the 

non-Federal interest for the acquisition of areas identified in 

section 316(b)(2) of the Water Resources Development Act of 

1996 (110 Stat. 3715)— 

(A) as satisfying the requirements of that paragraph; 

and 

(B) as part of the Federal share of the cost of implementing the plan under that subsection. 

(2) NON-FEDERAL COST SHARE.—The non-Federal interest 

shall receive credit for land, easements, rights-of-way, and 

relocations provided for the project as part of the non-Federal 

share of the cost of implementing the plan under section 

316(b)(2) of the Water Resources Development Act of 1996 

(110 Stat. 3715). 

(3) CONFORMING AMENDMENT.—Section 316(b)(2) of the 

Water Resources Development Act of 1996 (110 Stat. 3715) 

is amended in the first sentence by striking ‘‘shall pay’’ and 

inserting ‘‘may pay up to’’. 

(f) SOUTH PLATTE RIVER WATERSHED.—Section 116 of the 

Energy and Water Development and Related Agencies Appropriations Act, 2009 (123 Stat. 608) is amended in the matter preceding 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1321 

the proviso by inserting ‘‘(or a designee of the Department)’’ after 

‘‘Colorado Department of Natural Resources’’. 

(g) POTOMAC RIVER.—Section 84(a) of the Water Resources 

Development Act of 1974 (88 Stat. 35) is amended by striking 

paragraph (1) and inserting the following: 

‘‘(1) A channel capacity sufficient to pass the 100-year 

flood event, as identified in the document entitled ‘Four Mile 

Run Watershed Feasibility Report’ and dated January 2014.’’. 

SEC. 4014. OCEAN AND COASTAL RESILIENCY. 

(a) IN GENERAL.—The Secretary shall conduct studies to determine the feasibility of carrying out Corps of Engineers projects 

in coastal zones to enhance ocean and coastal ecosystem resiliency. 

(b) STUDY.—In carrying out the study under subsection (a), 

the Secretary shall— 

(1) as appropriate, coordinate with the heads of other appropriate Federal agencies, the Governors and other chief executive 

officers of the coastal states, nonprofit organizations, and other 

interested parties; 

(2) identify Corps of Engineers projects in coastal zones 

for enhancing ocean and coastal ecosystem resiliency based 

on an assessment of the need and opportunities for, and feasibility of, the projects; 

(3) to the maximum extent practicable, use any existing 

Corps of Engineers plans and data; and 

(4) not later than 365 days after initial appropriations 

for this section, and every five years thereafter subject to the 

availability of appropriations, complete a study authorized 

under subsection (a). 

(c) DISPOSITION.— 

(1) IN GENERAL.—The Secretary may carry out a project 

identified in the study pursuant to subsection (a) in accordance 

with the criteria for projects carried out under one of the 

following authorities: 

(A) Section 206(a)–(d) of the Water Resources Development Act of 1996 (33 U.S.C. 2330(a)–(d)). 

(B) Section 1135(a)–(g) and (i) of the Water Resources 

Development Act of 1986 (33 U.S.C. 2309a(a)–(g) and (i)). 

(C) Section 3(a)–(b), and (c)(1) of the Act of August, 

13 1946 (33 U.S.C. 426g(a)–(b), and (c)(1)). 

(D) Section 204(a)–(f) of the Water Resources Development Act of 1992 (33 U.S.C. 2326(a)–(f)). 

(2) REPORT.—For each project that does not meet the criteria under paragraph (1), the Secretary shall include a recommendation relating to the project in the annual report submitted to Congress by the Secretary in accordance with section 

7001. 

(d) REQUESTS FOR PROJECTS.—The Secretary may carry out 

a project for a coastal state under this section only at the request 

of the Governor or chief executive officer of the coastal state, as 

appropriate. 

(e) DEFINITION.—In this section, the terms ‘‘coastal zone’’ and 

‘‘coastal state’’ have the meanings given such terms in section 

304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453), 

as in effect on the date of enactment of this Act. 

Recommendations. 

Deadlines. 

Studies. 

33 USC 2803a. 


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128 STAT. 1322 PUBLIC LAW 113–121—JUNE 10, 2014 

TITLE V—WATER INFRASTRUCTURE 

FINANCING 

Subtitle A—State Water Pollution Control 

Revolving Funds 

SEC. 5001. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS. 

Section 601(a) of the Federal Water Pollution Control Act (33 

U.S.C. 1381(a)) is amended by striking ‘‘for providing assistance’’ 

and all that follows through the period at the end and inserting 

the following: ‘‘to accomplish the objectives, goals, and policies of 

this Act by providing assistance for projects and activities identified 

in section 603(c).’’. 

SEC. 5002. CAPITALIZATION GRANT AGREEMENTS. 

Section 602(b) of the Federal Water Pollution Control Act (33 

U.S.C. 1382(b)) is amended— 

(1) in paragraph (6)— 

(A) by striking ‘‘section 603(c)(1) of’’; 

(B) by striking ‘‘before fiscal’’ and all that follows 

through ‘‘grants under this title and’’ and inserting ‘‘with 

assistance made available by a State water pollution control 

revolving fund authorized under this title, or’’; 

(C) by inserting ‘‘, or both,’’ after ‘‘205(m) of this Act’’; 

and 

(D) by striking ‘‘201(b)’’ and all that follows through 

‘‘511(c)(1),’’ and inserting ‘‘511(c)(1)’’; 

(2) in paragraph (9), by striking ‘‘standards; and’’ and 

inserting ‘‘standards, including standards relating to the 

reporting of infrastructure assets;’’; 

(3) in paragraph (10), by striking the period at the end 

and inserting a semicolon; and 

(4) by adding at the end the following: 

‘‘(11) the State will establish, maintain, invest, and credit 

the fund with repayments, such that the fund balance will 

be available in perpetuity for activities under this Act; 

‘‘(12) any fees charged by the State to recipients of assistance that are considered program income will be used for 

the purpose of financing the cost of administering the fund 

or financing projects or activities eligible for assistance from 

the fund; 

‘‘(13) beginning in fiscal year 2016, the State will require 

as a condition of providing assistance to a municipality or 

intermunicipal, interstate, or State agency that the recipient 

of such assistance certify, in a manner determined by the 

Governor of the State, that the recipient— 

‘‘(A) has studied and evaluated the cost and effectiveness of the processes, materials, techniques, and technologies for carrying out the proposed project or activity 

for which assistance is sought under this title; and 

‘‘(B) has selected, to the maximum extent practicable, 

a project or activity that maximizes the potential for efficient water use, reuse, recapture, and conservation, and 

energy conservation, taking into account— 

‘‘(i) the cost of constructing the project or activity; 

Effective date. 

Certification. 


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‘‘(ii) the cost of operating and maintaining the 

project or activity over the life of the project or activity; 

and 

‘‘(iii) the cost of replacing the project or activity; 

and 

‘‘(14) a contract to be carried out using funds directly 

made available by a capitalization grant under this title for 

program management, construction management, feasibility 

studies, preliminary engineering, design, engineering, surveying, mapping, or architectural related services shall be negotiated in the same manner as a contract for architectural and 

engineering services is negotiated under chapter 11 of title 

40, United States Code, or an equivalent State qualificationsbased requirement (as determined by the Governor of the 

State).’’. 

SEC. 5003. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS. 

Section 603 of the Federal Water Pollution Control Act (33 

U.S.C. 1383) is amended— 

(1) by striking subsection (c) and inserting the following: 

‘‘(c) PROJECTS AND ACTIVITIES ELIGIBLE FOR ASSISTANCE.—The 

amounts of funds available to each State water pollution control 

revolving fund shall be used only for providing financial assistance— 

‘‘(1) to any municipality or intermunicipal, interstate, or 

State agency for construction of publicly owned treatment works 

(as defined in section 212); 

‘‘(2) for the implementation of a management program 

established under section 319; 

‘‘(3) for development and implementation of a conservation 

and management plan under section 320; 

‘‘(4) for the construction, repair, or replacement of decentralized wastewater treatment systems that treat municipal 

wastewater or domestic sewage; 

‘‘(5) for measures to manage, reduce, treat, or recapture 

stormwater or subsurface drainage water; 

‘‘(6) to any municipality or intermunicipal, interstate, or 

State agency for measures to reduce the demand for publicly 

owned treatment works capacity through water conservation, 

efficiency, or reuse; 

‘‘(7) for the development and implementation of watershed 

projects meeting the criteria set forth in section 122; 

‘‘(8) to any municipality or intermunicipal, interstate, or 

State agency for measures to reduce the energy consumption 

needs for publicly owned treatment works; 

‘‘(9) for reusing or recycling wastewater, stormwater, or 

subsurface drainage water; 

‘‘(10) for measures to increase the security of publicly owned 

treatment works; and 

‘‘(11) to any qualified nonprofit entity, as determined by 

the Administrator, to provide assistance to owners and operators of small and medium publicly owned treatment works— 

‘‘(A) to plan, develop, and obtain financing for eligible 

projects under this subsection, including planning, design, 

and associated preconstruction activities; and 

‘‘(B) to assist such treatment works in achieving 

compliance with this Act.’’; 

Contracts. 


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128 STAT. 1324 PUBLIC LAW 113–121—JUNE 10, 2014 

(2) in subsection (d)— 

(A) in paragraph (1)— 

(i) in subparagraph (A), by striking ‘‘20 years’’ 

and inserting ‘‘the lesser of 30 years and the projected 

useful life (as determined by the State) of the project 

to be financed with the proceeds of the loan’’; 

(ii) in subparagraph (B), by striking ‘‘not later 

than 20 years after project completion’’ and inserting 

‘‘upon the expiration of the term of the loan’’; 

(iii) in subparagraph (C), by striking ‘‘and’’ at the 

end; 

(iv) in subparagraph (D), by inserting ‘‘and’’ after 

the semicolon at the end; and 

(v) by adding at the end the following: 

‘‘(E) for a treatment works proposed for repair, replacement, or expansion, and eligible for assistance under subsection (c)(1), the recipient of a loan shall— 

‘‘(i) develop and implement a fiscal sustainability 

plan that includes— 

‘‘(I) an inventory of critical assets that are 

a part of the treatment works; 

‘‘(II) an evaluation of the condition and 

performance of inventoried assets or asset 

groupings; 

‘‘(III) a certification that the recipient has 

evaluated and will be implementing water and 

energy conservation efforts as part of the plan; 

and 

‘‘(IV) a plan for maintaining, repairing, and, 

as necessary, replacing the treatment works and 

a plan for funding such activities; or 

‘‘(ii) certify that the recipient has developed and 

implemented a plan that meets the requirements under 

clause (i);’’; and 

(B) in paragraph (7), by inserting ‘‘, $400,000 per year, 

or 1⁄5 percent per year of the current valuation of the 

fund, whichever amount is greatest, plus the amount of 

any fees collected by the State for such purpose regardless 

of the source’’ before the period at the end; and 

(3) by adding at the end the following: 

‘‘(i) ADDITIONAL SUBSIDIZATION.— 

‘‘(1) IN GENERAL.—In any case in which a State provides 

assistance to a municipality or intermunicipal, interstate, or 

State agency under subsection (d), the State may provide additional subsidization, including forgiveness of principal and 

negative interest loans— 

‘‘(A) to benefit a municipality that— 

‘‘(i) meets the affordability criteria of the State 

established under paragraph (2); or 

‘‘(ii) does not meet the affordability criteria of the 

State if the recipient— 

‘‘(I) seeks additional subsidization to benefit 

individual ratepayers in the residential user rate 

class; 

‘‘(II) demonstrates to the State that such ratepayers will experience a significant hardship from 

the increase in rates necessary to finance the 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1325 

project or activity for which assistance is sought; 

and 

‘‘(III) ensures, as part of an assistance agreement between the State and the recipient, that 

the additional subsidization provided under this 

paragraph is directed through a user charge rate 

system (or other appropriate method) to such ratepayers; or 

‘‘(B) to implement a process, material, technique, or 

technology— 

‘‘(i) to address water-efficiency goals; 

‘‘(ii) to address energy-efficiency goals; 

‘‘(iii) to mitigate stormwater runoff; or 

‘‘(iv) to encourage sustainable project planning, 

design, and construction. 

‘‘(2) AFFORDABILITY CRITERIA.— ‘‘(A) ESTABLISHMENT.— 

‘‘(i) IN GENERAL.—Not later than September 30, 

2015, and after providing notice and an opportunity 

for public comment, a State shall establish affordability 

criteria to assist in identifying municipalities that 

would experience a significant hardship raising the 

revenue necessary to finance a project or activity 

eligible for assistance under subsection (c)(1) if additional subsidization is not provided. 

‘‘(ii) CONTENTS.—The criteria under clause (i) shall 

be based on income and unemployment data, population trends, and other data determined relevant by 

the State, including whether the project or activity 

is to be carried out in an economically distressed area, 

as described in section 301 of the Public Works and 

Economic Development Act of 1965 (42 U.S.C. 3161). 

‘‘(B) EXISTING CRITERIA.—If a State has previously 

established, after providing notice and an opportunity for 

public comment, affordability criteria that meet the requirements of subparagraph (A)— 

‘‘(i) the State may use the criteria for the purposes 

of this subsection; and 

‘‘(ii) those criteria shall be treated as affordability 

criteria established under this paragraph. 

‘‘(C) INFORMATION TO ASSIST STATES.—The Administrator may publish information to assist States in establishing affordability criteria under subparagraph (A). 

‘‘(3) LIMITATIONS.— 

‘‘(A) IN GENERAL.—A State may provide additional subsidization in a fiscal year under this subsection only if 

the total amount appropriated for making capitalization 

grants to all States under this title for the fiscal year 

exceeds $1,000,000,000. 

‘‘(B) ADDITIONAL LIMITATION.— 

‘‘(i) GENERAL RULE.—Subject to clause (ii), a State 

may use not more than 30 percent of the total amount 

received by the State in capitalization grants under 

this title for a fiscal year for providing additional subsidization under this subsection. 

‘‘(ii) EXCEPTION.—If, in a fiscal year, the amount 

appropriated for making capitalization grants to all 

Applicability. 

Deadline. 

Notification. 

Public 

information. 


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128 STAT. 1326 PUBLIC LAW 113–121—JUNE 10, 2014 

States under this title exceeds $1,000,000,000 by a 

percentage that is less than 30 percent, clause (i) shall 

be applied by substituting that percentage for 30 percent. 

‘‘(C) APPLICABILITY.—The authority of a State to provide additional subsidization under this subsection shall 

apply to amounts received by the State in capitalization 

grants under this title for fiscal years beginning after September 30, 2014. 

‘‘(D) CONSIDERATION.—If the State provides additional 

subsidization to a municipality or intermunicipal, interstate, or State agency under this subsection that meets 

the criteria under paragraph (1)(A), the State shall take 

the criteria set forth in section 602(b)(5) into consideration.’’. 

SEC. 5004. REQUIREMENTS. 

Title VI of the Federal Water Pollution Control Act (33 U.S.C. 

1381 et seq.) is amended by adding at the end the following: 

‘‘SEC. 608. REQUIREMENTS. 

‘‘(a) IN GENERAL.—Funds made available from a State water 

pollution control revolving fund established under this title may 

not be used for a project for the construction, alteration, maintenance, or repair of treatment works unless all of the iron and 

steel products used in the project are produced in the United 

States. 

‘‘(b) DEFINITION OF IRON AND STEEL PRODUCTS.—In this section, 

the term ‘iron and steel products’ means the following products 

made primarily of iron or steel: lined or unlined pipes and fittings, 

manhole covers and other municipal castings, hydrants, tanks, 

flanges, pipe clamps and restraints, valves, structural steel, 

reinforced precast concrete, construction materials. 

‘‘(c) APPLICATION.—Subsection (a) shall not apply in any case 

or category of cases in which the Administrator finds that— 

‘‘(1) applying subsection (a) would be inconsistent with 

the public interest; 

‘‘(2) iron and steel products are not produced in the United 

States in sufficient and reasonably available quantities and 

of a satisfactory quality; or 

‘‘(3) inclusion of iron and steel products produced in the 

United States will increase the cost of the overall project by 

more than 25 percent. 

‘‘(d) WAIVER.—If the Administrator receives a request for a 

waiver under this section, the Administrator shall make available 

to the public, on an informal basis, a copy of the request and 

information available to the Administrator concerning the request, 

and shall allow for informal public input on the request for at 

least 15 days prior to making a finding based on the request. 

The Administrator shall make the request and accompanying 

information available by electronic means, including on the official 

public Internet site of the Environmental Protection Agency. 

‘‘(e) INTERNATIONAL AGREEMENTS.—This section shall be 

applied in a manner consistent with United States obligations under 

international agreements. 

‘‘(f) MANAGEMENT AND OVERSIGHT.—The Administrator may 

retain up to 0.25 percent of the funds appropriated for this title 

for management and oversight of the requirements of this section. 

Applicability. 

Web posting. 

Public 

information. 

Records. 

Time period. 

33 USC 1388. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1327 

‘‘(g) EFFECTIVE DATE.—This section does not apply with respect 

to a project if a State agency approves the engineering plans and 

specifications for the project, in that agency’s capacity to approve 

such plans and specifications prior to a project requesting bids, 

prior to the date of enactment of the Water Resources Reform 

and Development Act of 2014.’’. 

SEC. 5005. REPORT ON THE ALLOTMENT OF FUNDS. 

(a) REVIEW.—The Administrator of the Environmental Protection Agency shall conduct a review of the allotment formula in 

effect on the date of enactment of this Act for allocation of funds 

authorized under title VI of the Federal Water Pollution Control 

Act (33 U.S.C. 1381 et seq.) to determine whether that formula 

adequately addresses the water quality needs of eligible States, 

territories, and Indian tribes, based on— 

(1) the most recent survey of needs developed by the 

Administrator under section 516(b) of that Act (33 U.S.C. 

1375(b)); and 

(2) any other information the Administrator considers 

appropriate. 

(b) REPORT.—Not later than 18 months after the date of enactment of this Act, the Administrator 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 on the results of the 

review under subsection (a), including any recommendations for 

changing the allotment formula. 

SEC. 5006. EFFECTIVE DATE. 

This subtitle, including any amendments made by the subtitle, 

shall take effect on October 1, 2014. 

Subtitle B—General Provisions 

SEC. 5011. WATERSHED PILOT PROJECTS. 

Section 122 of the Federal Water Pollution Control Act (33 

U.S.C. 1274) is amended— 

(1) in the section heading, by striking ‘‘WET WEATHER’’; 

(2) in subsection (a)— 

(A) in the matter preceding paragraph (1)— 

(i) by striking ‘‘for treatment works’’ and inserting 

‘‘to a municipality or municipal entity’’; and 

(ii) by striking ‘‘of wet weather discharge control’’; 

(B) in paragraph (2), by striking ‘‘in reducing such 

pollutants’’ and all that follows before the period at the 

end and inserting ‘‘to manage, reduce, treat, recapture, 

or reuse municipal stormwater, including techniques that 

utilize infiltration, evapotranspiration, and reuse of 

stormwater onsite’’; and 

(C) by adding at the end the following: 

‘‘(3) WATERSHED PARTNERSHIPS.—Efforts of municipalities 

and property owners to demonstrate cooperative ways to 

address nonpoint sources of pollution to reduce adverse impacts 

on water quality. 

‘‘(4) INTEGRATED WATER RESOURCE PLAN.—The development 

of an integrated water resource plan for the coordinated 

management and protection of surface water, ground water, 

33 USC 1381 

note. 

Public 

information. 


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128 STAT. 1328 PUBLIC LAW 113–121—JUNE 10, 2014 

and stormwater resources on a watershed or subwatershed 

basis to meet the objectives, goals, and policies of this Act. 

‘‘(5) MUNICIPALITY-WIDE STORMWATER MANAGEMENT PLAN- NING.—The development of a municipality-wide plan that 

identifies the most effective placement of stormwater technologies and management approaches, to reduce water quality 

impairments from stormwater on a municipality-wide basis. 

‘‘(6) INCREASED RESILIENCE OF TREATMENT WORKS.—Efforts 

to assess future risks and vulnerabilities of publicly owned 

treatment works to manmade or natural disasters, including 

extreme weather events and sea-level rise, and to carry out 

measures, on a systemwide or area-wide basis, to increase 

the resiliency of publicly owned treatment works.’’; 

(3) by striking subsection (c); 

(4) by redesignating subsection (d) as subsection (c); and 

(5) in subsection (c) (as so redesignated) by striking ‘‘5 

years after the date of enactment of this section,’’ and inserting 

‘‘October 1, 2015,’’. 

SEC. 5012. DEFINITION OF TREATMENT WORKS. 

(a) GRANTS FOR CONSTRUCTION OF TREATMENT WORKS.—Section 

212(2)(A) of the Federal Water Pollution Control Act (33 U.S.C. 

1292(2)(A)) is amended— 

(1) by striking ‘‘any works, including site’’; 

(2) by striking ‘‘is used for ultimate’’ and inserting ‘‘will 

be used for ultimate’’; and 

(3) by inserting before the period at the end the following: 

‘‘and acquisition of other land, and interests in land, that are 

necessary for construction’’. 

(b) DEFINITIONS.—Section 502 of the Federal Water Pollution 

Control Act (33 U.S.C. 1362) is amended by adding at the end 

the following: 

‘‘(26) TREATMENT WORKS.—The term ‘treatment works’ has 

the meaning given the term in section 212.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2014. 

SEC. 5013. FUNDING FOR INDIAN PROGRAMS. 

Section 518(c) of the Federal Water Pollution Control Act (33 

U.S.C. 1377(c)) is amended— 

(1) by striking ‘‘The Administrator’’ and inserting the following: 

‘‘(1) FISCAL YEARS 1987–2014.—The Administrator’’; 

(2) in paragraph (1) (as so designated)— 

(A) by striking ‘‘each fiscal year beginning after September 30, 1986,’’ and inserting ‘‘each of fiscal years 1987 

through 2014,’’; and 

(B) by striking the second sentence; and 

(3) by adding at the end the following: 

‘‘(2) FISCAL YEAR 2015 AND THEREAFTER.—For fiscal year 

2015 and each fiscal year thereafter, the Administrator shall 

reserve, before allotments to the States under section 604(a), 

not less than 0.5 percent and not more than 2.0 percent of 

the funds made available to carry out title VI. 

‘‘(3) USE OF FUNDS.—Funds reserved under this subsection 

shall be available only for grants for projects and activities 

eligible for assistance under section 603(c) to serve— 

‘‘(A) Indian tribes (as defined in subsection (h)); 

33 USC 1292 

note. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1329 

‘‘(B) former Indian reservations in Oklahoma (as determined by the Secretary of the Interior); and 

‘‘(C) Native villages (as defined in section 3 of the 

Alaska Native Claims Settlement Act (43 U.S.C. 1602)).’’. 

SEC. 5014. WATER INFRASTRUCTURE PUBLIC-PRIVATE PARTNERSHIP 

PILOT PROGRAM. 

(a) IN GENERAL.—The Secretary shall establish a pilot program 

to evaluate the cost effectiveness and project delivery efficiency 

of allowing non-Federal pilot applicants to carry out authorized 

water resources development projects for coastal harbor improvement, channel improvement, inland navigation, flood damage reduction, aquatic ecosystem restoration, and hurricane and storm damage reduction. 

(b) PURPOSES.—The purposes of the pilot program established 

under subsection (a) are— 

(1) to identify cost-saving project delivery alternatives that 

reduce the backlog of authorized Corps of Engineers projects; 

and 

(2) to evaluate the technical, financial, and organizational 

benefits of allowing a non-Federal pilot applicant to carry out 

and manage the design or construction (or both) of 1 or more 

of such projects. 

(c) SUBSEQUENT APPROPRIATIONS.—Any activity undertaken 

under this section is authorized only to the extent specifically 

provided for in subsequent appropriations Acts. 

(d) ADMINISTRATION.—In carrying out the pilot program established under subsection (a), the Secretary shall— 

(1) identify for inclusion in the program at least 15 projects 

that are authorized for construction for coastal harbor improvement, channel improvement, inland navigation, flood damage 

reduction, or hurricane and storm damage reduction; 

(2) notify in writing the Committee on Environment and 

Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of 

each project identified under paragraph (1); 

(3) in consultation with the non-Federal pilot applicant 

associated with each project identified under paragraph (1), 

develop a detailed project management plan for the project 

that outlines the scope, financing, budget, design, and construction resource requirements necessary for the non-Federal pilot 

applicant to execute the project, or a separable element of 

the project; 

(4) at the request of the non-Federal pilot applicant associated with each project identified under paragraph (1), enter 

into a project partnership agreement with the non-Federal pilot 

applicant under which the non-Federal pilot applicant is provided full project management control for the financing, design, 

or construction (or any combination thereof) of the project, 

or a separable element of the project, in accordance with plans 

approved by the Secretary; 

(5) following execution of a project partnership agreement 

under paragraph (4) and completion of all work under the 

agreement, issue payment, in accordance with subsection (g), 

to the relevant non-Federal pilot applicant for that work; and 

(6) regularly monitor and audit each project carried out 

under the program to ensure that all activities related to the 

Audit. 

Contracts. 

Consultation. 

Plan. 

Notification. 

33 USC 2201 

note. 


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128 STAT. 1330 PUBLIC LAW 113–121—JUNE 10, 2014 

project are carried out in compliance with plans approved by 

the Secretary and that construction costs are reasonable. 

(e) SELECTION CRITERIA.—In identifying projects under subsection (d)(1), the Secretary shall consider the extent to which 

the project— 

(1) is significant to the economy of the United States; 

(2) leverages Federal investment by encouraging non-Federal contributions to the project; 

(3) employs innovative project delivery and cost-saving 

methods; 

(4) received Federal funds in the past and experienced 

delays or missed scheduled deadlines; 

(5) has unobligated Corps of Engineers funding balances; 

and 

(6) has not received Federal funding for recapitalization 

and modernization since the project was authorized. 

(f) DETAILED PROJECT SCHEDULE.—Not later than 180 days 

after entering into a project partnership agreement under subsection (d)(4), a non-Federal pilot applicant, to the maximum extent 

practicable, shall submit to the Secretary a detailed project schedule 

for the relevant project, based on estimated funding levels, that 

specifies deadlines for each milestone with respect to the project. 

(g) PAYMENT.—Payment to the non-Federal pilot applicant for 

work completed pursuant to a project partnership agreement under 

subsection (d)(4) may be made from— 

(1) if applicable, the balance of the unobligated amounts 

appropriated for the project; and 

(2) other amounts appropriated to the Corps of Engineers, 

subject to the condition that the total amount transferred to 

the non-Federal pilot applicant may not exceed the estimate 

of the Federal share of the cost of construction, including any 

required design. 

(h) TECHNICAL ASSISTANCE.—At the request of a non-Federal 

pilot applicant participating in the pilot program established under 

subsection (a), the Secretary may provide to the non-Federal pilot 

applicant, if the non-Federal pilot applicant contracts with and 

compensates the Secretary, technical assistance with respect to— 

(1) a study, engineering activity, or design activity related 

to a project carried out by the non-Federal pilot applicant 

under the program; and 

(2) obtaining permits necessary for such a project. 

(i) IDENTIFICATION OF IMPEDIMENTS.— 

(1) IN GENERAL.—The Secretary shall— 

(A) except as provided in paragraph (2), identify any 

procedural requirements under the authority of the Secretary that impede greater use of public-private partnerships and private investment in water resources development projects; 

(B) develop and implement, on a project-by-project 

basis, procedures and approaches that— 

(i) address such impediments; and 

(ii) protect the public interest and any public 

investment in water resources development projects 

that involve public-private partnerships or private 

investment in water resources development projects; 

and 

Procedures. 

Contracts. 

Deadline. 


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(C) not later than 1 year after the date of enactment 

of this section, issue rules to carry out the procedures 

and approaches developed under subparagraph (B). 

(2) RULE OF CONSTRUCTION.—Nothing in this section allows 

the Secretary to waive any requirement under— 

(A) sections 3141 through 3148 and sections 3701 

through 3708 of title 40, United States Code; 

(B) the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.); or 

(C) any other provision of Federal law. 

(j) PUBLIC BENEFIT STUDIES.— 

(1) IN GENERAL.—Before entering into a project partnership 

agreement under subsection (d)(4), the Secretary shall conduct 

an assessment of whether, and provide justification in writing 

to the Committee on Environment and Public Works of the 

Senate and the Committee on Transportation and Infrastructure of the House of Representatives that, the proposed agreement provides better public and financial benefits than a 

similar transaction using public funding or financing. 

(2) REQUIREMENTS.—An assessment under paragraph (1) 

shall— 

(A) be completed in a period of not more than 90 

days; 

(B) take into consideration any supporting materials 

and data submitted by the relevant non-Federal pilot 

applicant and other stakeholders; and 

(C) determine whether the proposed project partnership agreement is in the public interest by determining 

whether the agreement will provide public and financial 

benefits, including expedited project delivery and savings 

for taxpayers. 

(k) NON-FEDERAL FUNDING.—The non-Federal pilot applicant 

may finance the non-Federal share of a project carried out under 

the pilot program established under subsection (a). 

(l) APPLICABILITY OF FEDERAL LAW.—Any provision of Federal 

law that would apply to the Secretary if the Secretary were carrying 

out a project shall apply to a non-Federal pilot applicant carrying 

out a project under this section. 

(m) COST SHARE.—Nothing in this section affects a cost-sharing 

requirement under Federal law that is applicable to a project carried 

out under the pilot program established under subsection (a). 

(n) REPORT.—Not later than 3 years after 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 publicly available a report describing the results of the 

pilot program established under subsection (a), including any recommendations of the Secretary concerning whether the program 

or any component of the program should be implemented on a 

national basis. 

(o) NON-FEDERAL PILOT APPLICANT DEFINED.—In this section, 

the term ‘‘non-Federal pilot applicant’’ means— 

(1) the non-Federal sponsor of the water resources development project; 

(2) a non-Federal interest, as defined in section 221 of 

the Flood Control Act of 1970 (42 U.S.C. 1982d–5b); or 

Determination. 

Time period. 

Assessment. 

Deadline. 

Regulations. 


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(3) a private entity with the consent of the local government 

in which the project is located or that is otherwise affected 

by the project. 

Subtitle C—Innovative Financing Pilot 

Projects 

SEC. 5021. SHORT TITLE. 

This subtitle may be cited as the ‘‘Water Infrastructure Finance 

and Innovation Act of 2014’’. 

SEC. 5022. DEFINITIONS. 

In this subtitle: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the Environmental Protection Agency. 

(2) COMMUNITY WATER SYSTEM.—The term ‘‘community 

water system’’ has the meaning given the term in section 1401 

of the Safe Drinking Water Act (42 U.S.C. 300f). 

(3) FEDERAL CREDIT INSTRUMENT.—The term ‘‘Federal 

credit instrument’’ means a secured loan or loan guarantee 

authorized to be made available under this subtitle with respect 

to a project. 

(4) INVESTMENT-GRADE RATING.—The term ‘‘investmentgrade rating’’ means a rating of BBB minus, Baa3, bbb minus, 

BBB (low), or higher assigned by a rating agency to project 

obligations. 

(5) LENDER.— 

(A) IN GENERAL.—The term ‘‘lender’’ means any nonFederal qualified institutional buyer (as defined in section 

230.144A(a) of title 17, Code of Federal Regulations (or 

a successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the 

Securities Act of 1933 (15 U.S.C. 77a et seq.)). 

(B) INCLUSIONS.—The term ‘‘lender’’ includes— 

(i) a qualified retirement plan (as defined in section 

4974(c) of the Internal Revenue Code of 1986) that 

is a qualified institutional buyer; and 

(ii) a governmental plan (as defined in section 

414(d) of the Internal Revenue Code of 1986) that 

is a qualified institutional buyer. 

(6) LOAN GUARANTEE.—The term ‘‘loan guarantee’’ means 

any guarantee or other pledge by the Secretary or the Administrator to pay all or part of the principal of, and interest on, 

a loan or other debt obligation issued by an obligor and funded 

by a lender. 

(7) OBLIGOR.—The term ‘‘obligor’’ means an eligible entity 

that is primarily liable for payment of the principal of, or 

interest on, a Federal credit instrument. 

(8) PROJECT OBLIGATION.— 

(A) IN GENERAL.—The term ‘‘project obligation’’ means 

any note, bond, debenture, or other debt obligation issued 

by an obligor in connection with the financing of a project. 

(B) EXCLUSION.—The term ‘‘project obligation’’ does not 

include a Federal credit instrument. 

(9) RATING AGENCY.—The term ‘‘rating agency’’ means a 

credit rating agency registered with the Securities and 

33 USC 3901. 

33 USC 3901 

note. 

Water 

Infrastructure 

Finance and 

Innovation Act of 

2014. 


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Exchange Commission as a nationally recognized statistical 

rating organization (as defined in section 3(a) of the Securities 

Exchange Act of 1934 (15 U.S.C. 78c(a))). 

(10) SECURED LOAN.—The term ‘‘secured loan’’ means a 

direct loan or other debt obligation issued by an obligor and 

funded by the Secretary or Administrator, as applicable, in 

connection with the financing of a project under section 5029. 

(11) 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. 

(12) STATE INFRASTRUCTURE FINANCING AUTHORITY.—The 

term ‘‘State infrastructure financing authority’’ means the State 

entity established or designated by the Governor of a State 

to receive a capitalization grant provided by, or otherwise carry 

out the requirements of, title VI of the Federal Water Pollution 

Control Act (33 U.S.C. 1381 et. seq.) or section 1452 of the 

Safe Drinking Water Act (42 U.S.C. 300j–12). 

(13) SUBSIDY AMOUNT.—The term ‘‘subsidy amount’’ means 

the amount of budget authority sufficient to cover the estimated 

long-term cost to the Federal Government of a Federal credit 

instrument, as calculated on a net present value basis, 

excluding administrative costs and any incidental effects on 

governmental receipts or outlays in accordance with the Federal 

Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 

(14) SUBSTANTIAL COMPLETION.—The term ‘‘substantial 

completion’’, with respect to a project, means the earliest date 

on which a project is considered to perform the functions for 

which the project is designed. 

(15) TREATMENT WORKS.—The term ‘‘treatment works’’ has 

the meaning given the term in section 212 of the Federal 

Water Pollution Control Act (33 U.S.C. 1292). 

SEC. 5023. AUTHORITY TO PROVIDE ASSISTANCE. 

(a) IN GENERAL.—The Secretary and the Administrator may 

provide financial assistance under this subtitle to carry out pilot 

projects, which shall be selected to ensure a diversity of project 

types and geographical locations. 

(b) RESPONSIBILITY.— 

(1) SECRETARY.—The Secretary shall carry out all pilot 

projects under this subtitle that are eligible projects under 

section 5026(1). 

(2) ADMINISTRATOR.—The Administrator shall carry out all 

pilot projects under this subtitle that are eligible projects under 

paragraphs (2), (3), (4), (5), (6), and (8) of section 5026. 

(3) OTHER PROJECTS.—The Secretary or the Administrator, 

as applicable, may carry out eligible projects under paragraph 

(7) or (9) of section 5026. 

SEC. 5024. APPLICATIONS. 

(a) IN GENERAL.—To receive assistance under this subtitle, 

an eligible entity shall submit to the Secretary or the Administrator, 

as applicable, an application at such time, in such manner, and 

containing such information as the Secretary or the Administrator 

may require. 

33 USC 3903. 

33 USC 3902. 


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(b) COMBINED PROJECTS.—In the case of an eligible project 

described in paragraph (8) or (9) of section 5026, the Secretary 

or the Administrator, as applicable, shall require the eligible entity 

to submit a single application for the combined group of projects. 

SEC. 5025. ELIGIBLE ENTITIES. 

The following entities are eligible to receive assistance under 

this subtitle: 

(1) A corporation. 

(2) A partnership. 

(3) A joint venture. 

(4) A trust. 

(5) A Federal, State, or local governmental entity, agency, 

or instrumentality. 

(6) A tribal government or consortium of tribal governments. 

(7) A State infrastructure financing authority. 

SEC. 5026. PROJECTS ELIGIBLE FOR ASSISTANCE. 

The following projects may be carried out with amounts made 

available under this subtitle: 

(1) Any project for flood damage reduction, hurricane and 

storm damage reduction, environmental restoration, coastal or 

inland harbor navigation improvement, or inland and intracoastal waterways navigation improvement that the Secretary 

determines is technically sound, economically justified, and 

environmentally acceptable, including— 

(A) a project to reduce flood damage; 

(B) a project to restore aquatic ecosystems; 

(C) a project to improve the inland and intracoastal 

waterways navigation system of the United States; and 

(D) a project to improve navigation of a coastal or 

inland harbor of the United States, including channel deepening and construction of associated general navigation 

features. 

(2) 1 or more activities that are eligible for assistance 

under section 603(c) of the Federal Water Pollution Control 

Act (33 U.S.C. 1383(c)), notwithstanding the public ownership 

requirement under paragraph (1) of that subsection. 

(3) 1 or more activities described in section 1452(a)(2) of 

the Safe Drinking Water Act (42 U.S.C. 300j–12(a)(2)). 

(4) A project for enhanced energy efficiency in the operation 

of a public water system or a publicly owned treatment works. 

(5) A project for repair, rehabilitation, or replacement of 

a treatment works, community water system, or aging water 

distribution or waste collection facility (including a facility that 

serves a population or community of an Indian reservation). 

(6) A brackish or sea water desalination project, a managed 

aquifer recharge project, or a water recycling project. 

(7) Acquisition of real property or an interest in real property— 

(A) if the acquisition is integral to a project described 

in paragraphs (1) through (6); or 

(B) pursuant to an existing plan that, in the judgment 

of the Administrator or the Secretary, as applicable, would 

mitigate the environmental impacts of water resources 

infrastructure projects otherwise eligible for assistance 

under this section. 

Determination. 

33 USC 3905. 

33 USC 3904. 


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(8) A combination of projects, each of which is eligible 

under paragraph (2) or (3), for which a State infrastructure 

financing authority submits to the Administrator a single 

application. 

(9) A combination of projects secured by a common security 

pledge, each of which is eligible under paragraph (1), (2), (3), 

(4), (5), (6), or (7), for which an eligible entity, or a combination 

of eligible entities, submits a single application. 

SEC. 5027. ACTIVITIES ELIGIBLE FOR ASSISTANCE. 

For purposes of this subtitle, an eligible activity with respect 

to an eligible project includes the cost of— 

(1) development-phase activities, including planning, feasibility analysis (including any related analysis necessary to carry 

out an eligible project), revenue forecasting, environmental 

review, permitting, preliminary engineering and design work, 

and other preconstruction activities; 

(2) construction, reconstruction, rehabilitation, and replacement activities; 

(3) the acquisition of real property or an interest in real 

property (including water rights, land relating to the project, 

and improvements to land), environmental mitigation 

(including acquisitions pursuant to section 5026(7)), construction contingencies, and acquisition of equipment; and 

(4) capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance 

expenses, and other carrying costs during construction. 

SEC. 5028. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION. 

(a) ELIGIBILITY REQUIREMENTS.—To be eligible to receive financial assistance under this subtitle, a project shall meet the following 

criteria, as determined by the Secretary or Administrator, as 

applicable: 

(1) CREDITWORTHINESS.— (A) IN GENERAL.—The project and obligor shall be 

creditworthy, which shall be determined by the Secretary 

or the Administrator, as applicable. 

(B) CONSIDERATIONS.—In determining the creditworthiness of a project and obligor, the Secretary or the 

Administrator, as applicable, shall take into consideration 

relevant factors, including— 

(i) the terms, conditions, financial structure, and 

security features of the proposed financing; 

(ii) the dedicated revenue sources that will secure 

or fund the project obligations; 

(iii) the financial assumptions upon which the 

project is based; and 

(iv) the financial soundness and credit history of 

the obligor. 

(C) SECURITY FEATURES.—The Secretary or the 

Administrator, as applicable, shall ensure that any 

financing for the project has appropriate security features, 

such as a rate covenant, supporting the project obligations 

to ensure repayment. 

(D) RATING OPINION LETTERS.— 

(i) PRELIMINARY RATING OPINION LETTER.—The 

Secretary or the Administrator, as applicable, shall 

Criteria. 

33 USC 3907. 

33 USC 3906. 


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require each project applicant to provide, at the time 

of application, a preliminary rating opinion letter from 

at least 1 rating agency indicating that the senior 

obligations of the project (which may be the Federal 

credit instrument) have the potential to achieve an 

investment-grade rating. 

(ii) FINAL RATING OPINION LETTERS.—The Secretary 

or the Administrator, as applicable, shall require each 

project applicant to provide, prior to final acceptance 

and financing of the project, final rating opinion letters 

from at least 2 rating agencies indicating that the 

senior obligations of the project have an investmentgrade rating. 

(E) SPECIAL RULE FOR CERTAIN COMBINED PROJECTS.— The Administrator shall develop a credit evaluation process 

for a Federal credit instrument provided to a State infrastructure financing authority for a project under section 

5026(8) or an entity for a project under section 5026(9), 

which may include requiring the provision of a final rating 

opinion letter from at least 2 rating agencies. 

(2) ELIGIBLE PROJECT COSTS.— 

(A) IN GENERAL.—Subject to subparagraph (B), the 

eligible project costs of a project shall be reasonably anticipated to be not less than $20,000,000. 

(B) SMALL COMMUNITY WATER INFRASTRUCTURE

PROJECTS.—For a project described in paragraph (2) or 

(3) of section 5026 that serves a community of not more 

than 25,000 individuals, the eligible project costs of a 

project shall be reasonably anticipated to be not less than 

$5,000,000. 

(3) DEDICATED REVENUE SOURCES.—The Federal credit 

instrument for the project shall be repayable, in whole or in 

part, from dedicated revenue sources that also secure the 

project obligations. 

(4) PUBLIC SPONSORSHIP OF PRIVATE ENTITIES.— (A) IN GENERAL.—If an eligible project is carried out 

by an entity that is not a State or local government or 

an agency or instrumentality of a State or local government 

or a tribal government or consortium of tribal governments, 

the project shall be publicly sponsored. 

(B) PUBLIC SPONSORSHIP.—For purposes of this subtitle, a project shall be considered to be publicly sponsored 

if the obligor can demonstrate, to the satisfaction of the 

Secretary or the Administrator, as appropriate, that the 

project applicant has consulted with the affected State, 

local, or tribal government in which the project is located, 

or is otherwise affected by the project, and that such 

government supports the proposed project. 

(5) LIMITATION.—No project receiving Federal credit assistance under this subtitle may be financed (directly or indirectly), 

in whole or in part, with proceeds of any obligation— 

(A) the interest on which is exempt from the tax 

imposed under chapter 1 of the Internal Revenue Code 

of 1986; or 

(B) with respect to which credit is allowable under 

subpart I or J of part IV of subchapter A of chapter 1 

of such Code. 

Consultation. 

Process. 


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(6) USE OF EXISTING FINANCING MECHANISMS.— 

(A) NOTIFICATION.—For each eligible project for which 

the Administrator has authority under paragraph (2) or 

(3) of section 5023(b) and for which the Administrator 

has received an application for financial assistance under 

this subtitle, the Administrator shall notify, not later than 

30 days after the date on which the Administrator receives 

a complete application, the applicable State infrastructure 

financing authority of the State in which the project is 

located that such application has been submitted. 

(B) DETERMINATION.—If, not later than 60 days after 

the date of receipt of a notification under subparagraph 

(A), a State infrastructure financing authority notifies the 

Administrator that the State infrastructure financing 

authority intends to commit funds to the project in an 

amount that is equal to or greater than the amount 

requested under the application, the Administrator may 

not provide any financial assistance for that project under 

this subtitle unless— 

(i) by the date that is 180 days after the date 

of receipt of a notification under subparagraph (A), 

the State infrastructure financing authority fails to 

enter into an assistance agreement to provide funds 

for the project; or 

(ii) the financial assistance to be provided by the 

State infrastructure financing authority will be at rates 

and terms that are less favorable than the rates and 

terms for financial assistance provided under this subtitle. 

(7) OPERATION AND MAINTENANCE PLAN.— 

(A) IN GENERAL.—The Secretary or the Administrator, 

as applicable, shall determine whether an applicant for 

assistance under this subtitle has developed, and identified 

adequate revenues to implement, a plan for operating, 

maintaining, and repairing the project over the useful life 

of the project. 

(B) SPECIAL RULE.—An eligible project described in 

section 5026(1) that has not been specifically authorized 

by Congress shall not be eligible for Federal assistance 

for operations and maintenance. 

(b) SELECTION CRITERIA.— 

(1) ESTABLISHMENT.—The Secretary or the Administrator, 

as applicable, shall establish criteria for the selection of projects 

that meet the eligibility requirements of subsection (a), in 

accordance with paragraph (2). 

(2) CRITERIA.—The selection criteria shall include the following: 

(A) The extent to which the project is nationally or 

regionally significant, with respect to the generation of 

economic and public benefits, such as— 

(i) the reduction of flood risk; 

(ii) the improvement of water quality and quantity, 

including aquifer recharge; 

(iii) the protection of drinking water, including 

source water protection; and 

(iv) the support of international commerce. 

Determination. 

Deadlines. 

Deadline. 


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(B) The extent to which the project financing plan 

includes public or private financing in addition to assistance under this subtitle. 

(C) The likelihood that assistance under this subtitle 

would enable the project to proceed at an earlier date 

than the project would otherwise be able to proceed. 

(D) The extent to which the project uses new or innovative approaches. 

(E) The amount of budget authority required to fund 

the Federal credit instrument made available under this 

subtitle. 

(F) The extent to which the project— 

(i) protects against extreme weather events, such 

as floods or hurricanes; or 

(ii) helps maintain or protect the environment. 

(G) The extent to which a project serves regions with 

significant energy exploration, development, or production 

areas. 

(H) The extent to which a project serves regions with 

significant water resource challenges, including the need 

to address— 

(i) water quality concerns in areas of regional, 

national, or international significance; 

(ii) water quantity concerns related to groundwater, surface water, or other water sources; 

(iii) significant flood risk; 

(iv) water resource challenges identified in existing 

regional, State, or multistate agreements; or 

(v) water resources with exceptional recreational 

value or ecological importance. 

(I) The extent to which the project addresses identified 

municipal, State, or regional priorities. 

(J) The readiness of the project to proceed toward 

development, including a demonstration by the obligor that 

there is a reasonable expectation that the contracting 

process for construction of the project can commence by 

not later than 90 days after the date on which a Federal 

credit instrument is obligated for the project under this 

subtitle. 

(K) The extent to which assistance under this subtitle 

reduces the contribution of Federal assistance to the 

project. 

(3) SPECIAL RULE FOR CERTAIN COMBINED PROJECTS.—For 

a project described in section 5026(8), the Administrator shall 

only consider the criteria described in subparagraphs (B) 

through (K) of paragraph (2). 

(c) FEDERAL REQUIREMENTS.—Nothing in this section supersedes the applicability of other requirements of Federal law 

(including regulations). 

SEC. 5029. SECURED LOANS. 

(a) AGREEMENTS.— 

(1) IN GENERAL.—Subject to paragraphs (2) and (3), the 

Secretary or the Administrator, as applicable, may enter into 

agreements with 1 or more obligors to make secured loans, 

the proceeds of which shall be used to finance eligible project 

costs of any project selected under section 5028. 

33 USC 3908. 

Deadline. 


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(2) FINANCIAL RISK ASSESSMENT.—Before entering into an 

agreement under this subsection for a secured loan, the Secretary or the Administrator, as applicable, in consultation with 

the Director of the Office of Management and Budget and 

each rating agency providing a rating opinion letter under 

section 5028(a)(1)(D), shall determine an appropriate capital 

reserve subsidy amount for the secured loan, taking into 

account each such rating opinion letter. 

(3) INVESTMENT-GRADE RATING REQUIREMENT.—The execution of a secured loan under this section shall be contingent 

on receipt by the senior obligations of the project of an investment-grade rating. 

(b) TERMS AND LIMITATIONS.— 

(1) IN GENERAL.—A secured loan provided for a project 

under this section shall be subject to such terms and conditions, 

and contain such covenants, representations, warranties, and 

requirements (including requirements for audits), as the Secretary or the Administrator, as applicable, determines to be 

appropriate. 

(2) MAXIMUM AMOUNT.—The amount of a secured loan 

under this section shall not exceed the lesser of— 

(A) an amount equal to 49 percent of the reasonably 

anticipated eligible project costs; and 

(B) if the secured loan does not receive an investmentgrade rating, the amount of the senior project obligations 

of the project. 

(3) PAYMENT.—A secured loan under this section— 

(A) shall be payable, in whole or in part, from State 

or local taxes, user fees, or other dedicated revenue sources 

that also secure the senior project obligations of the relevant project; 

(B) shall include a rate covenant, coverage requirement, or similar security feature supporting the project 

obligations; and 

(C) may have a lien on revenues described in subparagraph (A), subject to any lien securing project obligations. 

(4) INTEREST RATE.—The interest rate on a secured loan 

under this section shall be not less than the yield on United 

States Treasury securities of a similar maturity to the maturity 

of the secured loan on the date of execution of the loan agreement. 

(5) MATURITY DATE.— 

(A) IN GENERAL.—The final maturity date of a secured 

loan under this section shall be the earlier of— 

(i) the date that is 35 years after the date of 

substantial completion of the relevant project (as determined by the Secretary or the Administrator, as 

applicable); and 

(ii) if the useful life of the project (as determined 

by the Secretary or Administrator, as applicable) is 

less than 35 years, the useful life the project. 

(B) SPECIAL RULE FOR STATE INFRASTRUCTURE

FINANCING AUTHORITIES.—The final maturity date of a 

secured loan to a State infrastructure financing authority 

under this section shall be not later than 35 years after 

the date on which amounts are first disbursed. 

Deadline. 

Determination. 

Consultation. 


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(6) NONSUBORDINATION.—A secured loan under this section 

shall not be subordinated to the claims of any holder of project 

obligations in the event of bankruptcy, insolvency, or liquidation 

of the obligor of the project. 

(7) FEES.—The Secretary or the Administrator, as 

applicable, may establish fees at a level sufficient to cover 

all or a portion of the costs to the Federal Government of 

making a secured loan under this section. 

(8) NON-FEDERAL SHARE.—The proceeds of a secured loan 

under this section may be used to pay any non-Federal share 

of project costs required if the loan is repayable from nonFederal funds. 

(9) MAXIMUM FEDERAL INVOLVEMENT.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), for each project for which assistance is provided under 

this subtitle, the total amount of Federal assistance shall 

not exceed 80 percent of the total project cost. 

(B) EXCEPTIONS.—Subparagraph (A) shall not apply 

to any rural water project— 

(i) that is authorized to be carried out by the 

Secretary of the Interior; 

(ii) that includes among its beneficiaries a federally 

recognized Indian tribe; and 

(iii) for which the authorized Federal share of the 

total project costs is greater than the amount described 

in subparagraph (A). 

(c) REPAYMENT.— 

(1) SCHEDULE.—The Secretary or the Administrator, as 

applicable, shall establish a repayment schedule for each 

secured loan provided under this section, based on the projected 

cash flow from project revenues and other repayment sources. 

(2) COMMENCEMENT.— 

(A) IN GENERAL.—Scheduled loan repayments of principal or interest on a secured loan under this section shall 

commence not later than 5 years after the date of substantial completion of the project (as determined by the Secretary or Administrator, as applicable). 

(B) SPECIAL RULE FOR STATE INFRASTRUCTURE

FINANCING AUTHORITIES.—Scheduled loan repayments of 

principal or interest on a secured loan to a State infrastructure financing authority under this subtitle shall commence 

not later than 5 years after the date on which amounts 

are first disbursed. 

(3) DEFERRED PAYMENTS.— 

(A) AUTHORIZATION.—If, at any time after the date 

of substantial completion of a project for which a secured 

loan is provided under this section, the project is unable 

to generate sufficient revenues to pay the scheduled loan 

repayments of principal and interest on the secured loan, 

the Secretary or the Administrator, as applicable, subject 

to subparagraph (C), may allow the obligor to add unpaid 

principal and interest to the outstanding balance of the 

secured loan. 

(B) INTEREST.—Any payment deferred under subparagraph (A) shall— 

(i) continue to accrue interest in accordance with 

subsection (b)(4) until fully repaid; and 


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(ii) be scheduled to be amortized over the 

remaining term of the secured loan. 

(C) CRITERIA.— 

(i) IN GENERAL.—Any payment deferral under 

subparagraph (A) shall be contingent on the project 

meeting such criteria as the Secretary or the Administrator, as applicable, may establish. 

(ii) REPAYMENT STANDARDS.—The criteria established under clause (i) shall include standards for 

reasonable assurance of repayment. 

(4) PREPAYMENT.— 

(A) USE OF EXCESS REVENUES.—Any excess revenues 

that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and 

all deposit requirements under the terms of any trust 

agreement, bond resolution, or similar agreement securing 

project obligations may be applied annually to prepay a 

secured loan under this section without penalty. 

(B) USE OF PROCEEDS OF REFINANCING.—A secured loan 

under this section may be prepaid at any time without 

penalty from the proceeds of refinancing from non-Federal 

funding sources. 

(d) SALE OF SECURED LOANS.— 

(1) IN GENERAL.—Subject to paragraph (2), as soon as practicable after the date of substantial completion of a project 

and after providing a notice to the obligor, the Secretary or 

the Administrator, as applicable, may sell to another entity 

or reoffer into the capital markets a secured loan for a project 

under this section, if the Secretary or the Administrator, as 

applicable, determines that the sale or reoffering can be made 

on favorable terms. 

(2) CONSENT OF OBLIGOR.—In making a sale or reoffering 

under paragraph (1), the Secretary or the Administrator, as 

applicable, may not change the original terms and conditions 

of the secured loan without the written consent of the obligor. 

(e) LOAN GUARANTEES.— 

(1) IN GENERAL.—The Secretary or the Administrator, as 

applicable, may provide a loan guarantee to a lender in lieu 

of making a secured loan under this section, if the Secretary 

or the Administrator, as applicable, determines that the budgetary cost of the loan guarantee is substantially the same 

as that of a secured loan. 

(2) TERMS.—The terms of a loan guarantee provided under 

this subsection shall be consistent with the terms established 

in this section for a secured loan, except that the rate on 

the guaranteed loan and any prepayment features shall be 

negotiated between the obligor and the lender, with the consent 

of the Secretary or the Administrator, as applicable. 

SEC. 5030. PROGRAM ADMINISTRATION. 

(a) REQUIREMENT.—The Secretary or the Administrator, as 

applicable, shall establish a uniform system to service the Federal 

credit instruments made available under this subtitle. 

(b) FEES.— 

(1) IN GENERAL.—The Secretary or the Administrator, as 

applicable, may collect and spend fees, contingent on authority 

33 USC 3909. 

Determination. 

Notification. 

Determination. 


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128 STAT. 1342 PUBLIC LAW 113–121—JUNE 10, 2014 

being provided in appropriations Acts, at a level that is sufficient to cover— 

(A) the costs of services of expert firms retained pursuant to subsection (d); and 

(B) all or a portion of the costs to the Federal Government of servicing the Federal credit instruments provided 

under this subtitle. 

(c) SERVICER.— (1) IN GENERAL.—The Secretary or the Administrator, as 

applicable, may appoint a financial entity to assist the Secretary 

or the Administrator in servicing the Federal credit instruments 

provided under this subtitle. 

(2) DUTIES.—A servicer appointed under paragraph (1) 

shall act as the agent for the Secretary or the Administrator, 

as applicable. 

(3) FEE.—A servicer appointed under paragraph (1) shall 

receive a servicing fee, subject to approval by the Secretary 

or the Administrator, as applicable. 

(d) ASSISTANCE FROM EXPERTS.—The Secretary or the Administrator, as applicable, may retain the services, including counsel, 

of organizations and entities with expertise in the field of municipal 

and project finance to assist in the underwriting and servicing 

of Federal credit instruments provided under this subtitle. 

(e) APPLICABILITY OF OTHER LAWS.—Section 513 of the Federal 

Water Pollution Control Act (33 U.S.C. 1372) applies to the construction of a project carried out, in whole or in part, with assistance 

made available through a Federal credit instrument under this 

subtitle in the same manner that section applies to a treatment 

works for which a grant is made available under that Act. 

SEC. 5031. STATE, TRIBAL, AND LOCAL PERMITS. 

The provision of financial assistance for a project under this 

subtitle shall not— 

(1) relieve any recipient of the assistance of any obligation 

to obtain any required State, local, or tribal permit or approval 

with respect to the project; 

(2) limit the right of any unit of State, local, or tribal 

government to approve or regulate any rate of return on private 

equity invested in the project; or 

(3) otherwise supersede any State, local, or tribal law 

(including any regulation) applicable to the construction or 

operation of the project. 

SEC. 5032. REGULATIONS. 

The Secretary or the Administrator, as applicable, may promulgate such regulations as the Secretary or Administrator determines 

to be appropriate to carry out this subtitle. 

SEC. 5033. FUNDING. 

(a) IN GENERAL.—There is authorized to be appropriated to 

each of the Secretary and the Administrator to carry out this 

subtitle, to remain available until expended— 

(1) $20,000,000 for fiscal year 2015; 

(2) $25,000,000 for fiscal year 2016; 

(3) $35,000,000 for fiscal year 2017; 

(4) $45,000,000 for fiscal year 2018; and 

(5) $50,000,000 for fiscal year 2019. 

Appropriation 

authorization. 

33 USC 3912. 

33 USC 3911. 

33 USC 3910. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1343 

(b) ADMINISTRATIVE COSTS.—Of the funds made available to 

carry out this subtitle, the Secretary or the Administrator, as 

applicable, may use for the administration of this subtitle, including 

for the provision of technical assistance to aid project sponsors 

in obtaining the necessary approvals for the project, not more 

than $2,200,000 for each of fiscal years 2015 through 2019. 

(c) SMALL COMMUNITY WATER INFRASTRUCTURE PROJECTS.— 

(1) IN GENERAL.—For each fiscal year, the Secretary or 

the Administrator, as applicable, shall set aside not less than 

15 percent of the amounts made available for that fiscal year 

under this section for small community water infrastructure 

projects described in section 5028(a)(2)(B). 

(2) ADMINISTRATION.—Any amounts set aside under paragraph (1) that remain unobligated on June 1 of the fiscal 

year for which the amounts are set aside shall be available 

for obligation by the Secretary or the Administrator, as 

applicable, for projects other than small community water infrastructure projects. 

(d) ADDITIONAL FUNDING.—Notwithstanding section 5029(b)(2), 

the Secretary or the Administrator, as applicable, may make available up to 25 percent of the amounts made available for each 

fiscal year under this section for loans in excess of 49 percent 

of the total project costs. 

SEC. 5034. REPORTS ON PILOT PROGRAM IMPLEMENTATION. 

(a) AGENCY REPORTING.—As soon as practicable after each fiscal 

year for which amounts are made available to carry out this subtitle, 

the Secretary and the Administrator shall publish on a dedicated, 

publicly accessible Internet site— 

(1) each application received for assistance under this subtitle; and 

(2) a list of the projects selected for assistance under this 

subtitle, including— 

(A) a description of each project; 

(B) the amount of financial assistance provided for 

each project; and 

(C) the basis for the selection of each project with 

respect to the requirements of this subtitle. 

(b) REPORTS TO CONGRESS.— 

(1) IN GENERAL.—Not later than 4 years after the date 

of enactment of this Act, the Comptroller General of the United 

States 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 summarizing for the projects that are receiving, or have 

received, assistance under this subtitle— 

(A) the applications received for assistance under this 

subtitle; 

(B) the projects selected for assistance under this subtitle, including a description of the projects and the basis 

for the selection of those projects with respect to the 

requirements of this subtitle; 

(C) the type and amount of financial assistance provided for each project selected for assistance under this 

subtitle; 

Lists. 

Web posting. 

33 USC 3913. 


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128 STAT. 1344 PUBLIC LAW 113–121—JUNE 10, 2014 

(D) the financial performance of each project selected 

for assistance under this subtitle, including an evaluation 

of whether the objectives of this subtitle are being met; 

(E) the benefits and impacts of implementation of this 

subtitle, including the public benefit provided by the 

projects selected for assistance under this subtitle, 

including, as applicable, water quality and water quantity 

improvement, the protection of drinking water, and the 

reduction of flood risk; and 

(F) an evaluation of the feasibility of attracting nonFederal public or private financing for water infrastructure 

projects as a result of the implementation of this subtitle. 

(2) RECOMMENDATIONS.—The report under paragraph (1) 

shall include— 

(A) an evaluation of the impacts (if any) of the limitation under section 5028(a)(5) on the ability of eligible entities to finance water infrastructure projects under this 

subtitle; 

(B) a recommendation as to whether the objectives 

of this subtitle would be best served— 

(i) by continuing the authority of the Secretary 

or the Administrator, as applicable, to provide assistance under this subtitle; 

(ii) by establishing a Government corporation or 

Government-sponsored enterprise to provide assistance 

in accordance with this subtitle; or 

(iii) by terminating the authority of the Secretary 

and the Administrator under this subtitle and relying 

on the capital markets to fund the types of infrastructure investments assisted by this subtitle without Federal participation; and 

(C) any proposed changes to improve the efficiency 

and effectiveness of this subtitle in providing financing 

for water infrastructure projects, taking into consideration 

the recommendations made under subparagraphs (A) and 

(B). 

SEC. 5035. REQUIREMENTS. 

(a) IN GENERAL.—Except as provided in subsection (c), none 

of the amounts made available under this subtitle may be used 

for the construction, alteration, maintenance, or repair of a project 

eligible for assistance under this subtitle unless all of the iron 

and steel products used in the project are produced in the United 

States. 

(b) DEFINITION OF IRON AND STEEL PRODUCTS.—In this section, 

the term ‘‘iron and steel products’’ means the following products 

made primarily of iron or steel: lined or unlined pipes and fittings, 

manhole covers and other municipal castings, hydrants, tanks, 

flanges, pipe clamps and restraints, valves, structural steel, 

reinforced precast concrete, and construction materials. 

(c) APPLICATION.—Subsection (a) shall not apply in any case 

or category of cases in which the Administrator finds that— 

(1) applying subsection (a) would be inconsistent with the 

public interest; 

(2) iron and steel products are not produced in the United 

States in sufficient and reasonably available quantities and 

of a satisfactory quality; or 

33 USC 3914. 

Evaluation. 

Evaluation. 

Evaluation. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1345 

(3) inclusion of iron and steel products produced in the 

United States will increase the cost of the overall project by 

more than 25 percent. 

(d) WAIVER.—If the Administrator receives a request for a 

waiver under this section, the Administrator shall make available 

to the public, on an informal basis, a copy of the request and 

information available to the Administrator concerning the request, 

and shall allow for informal public input on the request for at 

least 15 days prior to making a finding based on the request. 

The Administrator shall make the request and accompanying 

information available by electronic means, including on the official 

public Internet Web site of the Environmental Protection Agency. 

(e) INTERNATIONAL AGREEMENTS.—This section shall be applied 

in a manner consistent with United States obligations under international agreements. 

TITLE VI—DEAUTHORIZATION AND 

BACKLOG PREVENTION 

SEC. 6001. DEAUTHORIZATION OF INACTIVE PROJECTS. 

(a) PURPOSES.—The purposes of this section are— 

(1) to identify $18,000,000,000 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 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) COMPREHENSIVE STATUS REPORTS.—Section 1001(b) of the 

Water Resources Development Act of 1986 (33 U.S.C. 579a(b)) is 

amended by adding at the end the following: 

‘‘(3) MINIMUM FUNDING LIST.—At the end of each fiscal 

year, 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 on a publicly accessible Internet site in a manner that is downloadable, searchable, and 

sortable, a list of— 

‘‘(A) projects or separable elements of projects authorized for construction for which funding has been obligated 

during the current fiscal year or any of the 6 preceding 

fiscal years; 

‘‘(B) the amount of funding obligated for each such 

project or separable element per fiscal year; 

‘‘(C) the current phase of each such project or separable 

element of a project; and 

‘‘(D) the amount required to complete the current phase 

of each such project or separable element. 

‘‘(4) COMPREHENSIVE BACKLOG REPORT.— 

Public 

information. 

Web posting. 

33 USC 579b. 

Applicability. 

Web posting. 

Public 

information. 

Records. 

Time period. 


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128 STAT. 1346 PUBLIC LAW 113–121—JUNE 10, 2014 

‘‘(A) IN GENERAL.—The Secretary shall compile and 

publish a complete list of all projects and separable elements of projects of the Corps of Engineers that are authorized for construction but have not been completed. 

‘‘(B) REQUIRED INFORMATION.—The Secretary shall 

include on the list developed under subparagraph (A) for 

each project and separable element on that list— 

‘‘(i) the date of authorization of the project or separable element, including any subsequent modifications 

to the original authorization; 

‘‘(ii) the original budget authority for the project 

or separable element; 

‘‘(iii) a brief description of the project or separable 

element; 

‘‘(iv) the estimated date of completion of the project 

or separable element; 

‘‘(v) the estimated cost of completion of the project 

or separable element; and 

‘‘(vi) any amounts appropriated for the project or 

separable element that remain unobligated. 

‘‘(C) PUBLICATION.— 

‘‘(i) IN GENERAL.—Not later than 1 year after the 

date of enactment of this paragraph, the Secretary 

shall submit a copy of the list developed under subparagraph (A) to— 

‘‘(I) the Committee on Environment and Public 

Works of the Senate and the Committee on 

Transportation and Infrastructure of the House 

of Representatives; and 

‘‘(II) the Director of the Office of Management 

and Budget. 

‘‘(ii) PUBLIC AVAILABILITY.—Beginning on the date 

the Secretary submits the report to Congress under 

clause (i), the Secretary shall make a copy of the list 

available on a publicly accessible Internet site in a 

manner that is downloadable, searchable, and sortable.’’. 

(c) INTERIM DEAUTHORIZATION LIST.— 

(1) IN GENERAL.—The Secretary shall develop an interim 

deauthorization list that identifies each water resources 

development project, or separable element of a project, authorized for construction before November 8, 2007, for which— 

(A) construction was not initiated before the date of 

enactment of this Act; or 

(B) construction was initiated before the date of enactment of this Act, but for which no funds, Federal or nonFederal, were obligated for construction of the project or 

separable element of the project during the current fiscal 

year or any of the 6 preceding fiscal years. 

(2) SPECIAL RULE FOR PROJECTS RECEIVING FUNDS FOR POSTAUTHORIZATION STUDY.—A project or separable element of a 

project may not be identified on the interim deauthorization 

list, or the final deauthorization list developed under subsection 

(d), 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. 

(3) PUBLIC COMMENT AND CONSULTATION.— 

Effective date. 

Records. 

Records. 

Publication. 

Lists. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1347 

(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. 

(4) SUBMISSION TO CONGRESS; PUBLICATION.—Not later than 

90 days after the date of submission of the list required by 

section 1001(b)(4)(A) of the Water Resources Development Act 

of 1986 (as added by subsection (b)), the Secretary shall— 

(A) submit the 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 interim deauthorization list in the Federal Register. 

(d) FINAL DEAUTHORIZATION LIST.— 

(1) IN GENERAL.—The Secretary shall develop a final 

deauthorization list of each water resources development 

project, or separable element of a project, described in subsection (c)(1) that is identified pursuant to this subsection. 

(2) DEAUTHORIZATION AMOUNT.— 

(A) IN GENERAL.—The Secretary shall include on the 

final deauthorization list projects and separable elements 

of projects that have, in the aggregate, an estimated Federal cost to complete that is at least $18,000,000,000. 

(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 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 once the last project or separable element 

of a project necessary to meet the aggregate amount 

under paragraph (2) is identified. 

(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 

(c)(3). 

Determination. 

Federal Register, 

publication. 

Deadline. 


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128 STAT. 1348 PUBLIC LAW 113–121—JUNE 10, 2014 

(B) APPENDIX.—The Secretary shall include as part 

of the final deauthorization list an appendix that— 

(i) identifies each project or separable element of 

a project on the interim deauthorization list developed 

under subsection (c) that is not included on the final 

deauthorization list; and 

(ii) describes the reasons why the project or separable element is not included. 

(4) SUBMISSION TO CONGRESS; PUBLICATION.—Not later than 

120 days after the date on which the public comment period 

under subsection (c)(3) expires, the Secretary shall— 

(A) submit the final deauthorization list and the 

appendix to the final 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 final deauthorization list and the 

appendix to the final deauthorization list in the Federal 

Register. 

(e) DEAUTHORIZATION; CONGRESSIONAL REVIEW.— 

(1) IN GENERAL.—After the expiration of the 180-day period 

beginning on the date of submission of the final deauthorization 

report under subsection (d), a project or separable element 

of a project identified in the report is hereby deauthorized, 

unless Congress passes a joint resolution disapproving the final 

deauthorization report 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 report 

under subsection (d) 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 report shall 

be treated as deauthorized for purposes of the aggregate 

deauthorization amount specified in subsection (d)(2). 

(f) GENERAL PROVISIONS.— 

(1) DEFINITIONS.—In this section: 

(A) POST-AUTHORIZATION STUDY.—The term ‘‘postauthorization 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. 

Time period. 

Federal Register, 

publication. 

Deadline. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1349 

(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. 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 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. 

(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). 

SEC. 6003. 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 

Deadline. 

Reports. 

Time period. 

33 USC 579c. 

Public 

information. 

Deadline. 


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128 STAT. 1350 PUBLIC LAW 113–121—JUNE 10, 2014 

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. 6004. DEAUTHORIZATIONS. 

(a) IN GENERAL.— 

(1) WALNUT CREEK (PACHECO CREEK), CALIFORNIA.—The 

portions of the project for flood protection on Walnut Creek, 

California, constructed under section 203 of the Flood Control 

Act of 1960 (Public Law 86–645; 74 Stat. 488), consisting of 

the Walnut Creek project from Sta 0+00 to Sta 142+00 and 

the upstream extent of the Walnut Creek project along Pacheco 

Creek from Sta 0+00 to Sta 73+50 are no longer authorized 

beginning on the date of enactment of this Act. 

(2) WALNUT CREEK (SAN RAMON CREEK), CALIFORNIA.—The 

portion of the project for flood protection on Walnut Creek, 

California, constructed under section 203 of the Flood Control 

Act of 1960 (Public Law 86–645; 74 Stat. 488), consisting of 

the culvert constructed by the Department of the Army on 

San Ramon Creek from Sta 4+27 to Sta 14+27 is no longer 

authorized beginning on the date of enactment of this Act. 

(3) EIGHTMILE RIVER, CONNECTICUT.— 

(A) The portion of the project for navigation, Eightmile 

River, Connecticut, authorized by the first section of the 

Act of June 25, 1910 (36 Stat. 633, chapter 382) (commonly 

known as the ‘‘River and Harbor Act of 1910’’), that begins 

at a point of the existing 8-foot channel limit with coordinates N701002.39, E1109247.73, thence running north 2 

degrees 19 minutes 57.1 seconds east 265.09 feet to a 

point N701267.26, E1109258.52, thence running north 7 

degrees 47 minutes 19.3 seconds east 322.32 feet to a 

point N701586.60, E1109302.20, thence running north 90 

degrees 0 minutes 0 seconds east 65.61 to a point 

N701586.60, E1109367.80, thence running south 7 degrees 

47 minutes 19.3 seconds west 328.11 feet to a point 

N701261.52, E1109323.34, thence running south 2 degrees 

19 minutes 57.1 seconds west 305.49 feet to an end at 

a point N700956.28, E1109310.91 on the existing 8-foot 

channel limit, shall be reduced to a width of 65 feet and 

the channel realigned to follow the deepest available water. 

Effective date. 

Time period. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1351 

(B) The project referred to in subparagraph (A) beginning at a point N701296.72, E1109262.55 and running 

north 45 degrees 4 minutes 2.8 seconds west 78.09 feet 

to a point N701341.18, E1109217.98, thence running north 

5 degrees 8 minutes 34.6 seconds east 180.14 feet to a 

point N701520.59, E1109234.13, thence running north 54 

degrees 5 minutes 50.1 seconds east 112.57 feet to a point 

N701568.04, E1109299.66, thence running south 7 degrees 

47 minutes 18.4 seconds west 292.58 feet to the point 

of origin; and the remaining area north of the channel 

realignment beginning at a point N700956.28, E1109310.91 

thence running north 2 degrees 19 minutes 57.1 seconds 

east 305.49 feet west to a point N701261.52, E1109323.34 

north 7 degrees 47 minutes 18.4 seconds east 328.11 feet 

to a point N701586.60, E1109367.81 thence running north 

90 degrees 0 minutes 0 seconds east 7.81 feet to a point 

N701586.60, E1109375.62 thence running south 5 degrees 

8 minutes 34.6 seconds west 626.29 feet to a point 

N700962.83, E1109319.47 thence south 52 degrees 35 minutes 36.5 seconds 10.79 feet to the point of origin is no 

longer authorized beginning on the date of enactment of 

this Act. 

(4) HILLSBOROUGH (HILLSBORO) BAY AND RIVER, FLORIDA.— 

The portions of the project for navigation, Hillsborough (Hillsboro) Bay and River, Florida, authorized by the Act of March 

3, 1899 (30 Stat. 1126; chapter 425), that extend on either 

side of the Hillsborough River from the Kennedy Boulevard 

bridge to the mouth of the river that cause the existing channel 

to exceed 100 feet in width are no longer authorized beginning 

on the date of enactment of this Act. 

(5) KAHULUI WASTEWATER RECLAMATION FACILITY, MAUI, 

HAWAII.—The project authorized pursuant to section 14 of the 

Flood Control Act of 1946 (33 U.S.C. 701r) to provide shoreline 

protection for the Kahului Wastewater Reclamation Facility, 

located on the Island of Maui in the State of Hawaii is no 

longer authorized beginning on the date of enactment of this 

Act. 

(6) LUCAS-BERG PIT, ILLINOIS WATERWAY AND GRANT CALUMET RIVER, ILLINOIS.—The portion of the project for navigation, 

Illinois Waterway and Grand Calumet River, Illinois, authorized by the first section of the Act of July 24, 1946 (60 Stat. 

636; chapter 595), that consists of the Lucas-Berg Pit confined 

disposal facility, Illinois is no longer authorized beginning on 

the date of enactment of this Act. 

(7) PORT OF IBERIA, LOUISIANA.—Section 1001(25) of the 

Water Resources Development Act of 2007 (121 Stat. 1053) 

is amended by striking ‘‘; except that’’ and all that follows 

before the period at the end. 

(8) ROCKLAND HARBOR, MAINE.—The project for navigation, 

Rockland Harbor, Maine, authorized by the Act of June 3, 

1896 (29 Stat. 202; chapter 314), and described as follows 

is no longer authorized beginning on the date of enactment 

of this Act: 

(A) Beginning at the point in the 14-foot turning basin 

limit with coordinates N162,927.61, E826,210.16. 


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128 STAT. 1352 PUBLIC LAW 113–121—JUNE 10, 2014 

(B) Thence running north 45 degrees 45 minutes 15.6 

seconds east 287.45 feet to a point N163,128.18, 

E826,416.08. 

(C) Thence running south 13 degrees 17 minutes 53.3 

seconds east 129.11 feet to a point N163,002.53, 

E826,445.77. 

(D) Thence running south 45 degrees 45 minutes 18.4 

seconds west 221.05 feet to a point N162,848.30, 

E826,287.42. 

(E) Thence running north 44 degrees 14 minutes 59.5 

seconds west 110.73 feet to the point of origin. 

(9) THOMASTON HARBOR, GEORGES RIVER, MAINE.—The portion of the project for navigation, Georges River, Maine 

(Thomaston Harbor), authorized by the first section of the 

Act of June 3, 1896 (29 Stat. 215, chapter 314), and modified 

by section 317 of the Water Resources Development Act of 

2000 (Public Law 106–541; 114 Stat. 2604), that lies northwesterly of a line commencing at point N87,220.51, E321,065.80 

thence running northeasterly about 125 feet to a point 

N87,338.71, E321,106.46 is no longer authorized beginning on 

the date of enactment of this Act. 

(10) CORSICA RIVER, QUEEN ANNE’S COUNTY, MARYLAND.— 

The portion of the project for improving the Corsica River, 

Maryland, authorized by the first section of the Act of July 

25, 1912 (37 Stat. 205; chapter 253), and described as follows 

is no longer authorized beginning on the date of enactment 

of this Act: Approximately 2,000 feet of the eastern section 

of the project channel extending from— 

(A) centerline station 0+000 (coordinates N506350.60, 

E1575013.60); to 

(B) station 2+000 (coordinates N508012.39, 

E1574720.18). 

(11) GOOSE CREEK, SOMERSET COUNTY, MARYLAND.—The 

project for navigation, Goose Creek, Somerset County, Maryland, carried out pursuant to section 107 of the Rivers and 

Harbor Act of 1960 (33 U.S.C. 577), is realigned as follows: 

Beginning at Goose Creek Channel Geometry Centerline of 

the 60-foot-wide main navigational ship channel, Centerline 

Station No. 0+00, coordinates North 157851.80, East 

1636954.70, as stated and depicted on the Condition Survey 

Goose Creek, Sheet 1 of 1, prepared by the United States 

Army Corps of Engineers, Baltimore District, July 2003; thence 

departing the aforementioned centerline traveling the following 

courses and distances: S. 64 degrees 49 minutes 06 seconds 

E., 1583.82 feet to a point, on the outline of said 60-footwide channel thence binding on said out-line the following 

four courses and distances: S. 63 degrees 26 minutes 06 seconds 

E., 1460.05 feet to a point, thence; N. 50 degrees 38 minutes 

26 seconds E., 973.28 feet to a point, thence; N. 26 degrees 

13 minutes 09 seconds W., 240.39 feet to a point on the Left 

Toe of the 60-foot-wide main navigational channel at computed 

Centerline Station No. 42+57.54, coordinates North 157357.84, 

East 1640340.23. Geometry Left Toe of the 60-foot-wide main 

navigational ship channel, Left Toe Station No. 0+00, coordinates North 157879.00, East 1636967.40, as stated and depicted 

on the Condition Survey Goose Creek, Sheet 1 of 1, prepared 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1353 

by the United States Army Corps of Engineers, Baltimore District, August 2010; thence departing the aforementioned centerline traveling the following courses and distances: S. 64 degrees 

49 minutes 12 seconds E., 1583.91 feet to a point, on the 

outline of said 60-foot-wide channel thence binding on said 

out-line the following eight courses and distances: S. 63 degrees 

25 minutes 38 seconds E., 1366.25 feet to a point, thence; 

N. 83 degrees 36 minutes 24 seconds E., 125.85 feet to a 

point, thence; N. 50 degrees 38 minutes 26 seconds E., 805.19 

feet to a point, thence; N. 12 degrees 12 minutes 29 seconds 

E., 78.33 feet to a point thence; N. 26 degrees 13 minutes 

28 seconds W., 46.66 feet to a point thence; S. 63 degrees 

45 minutes 41 seconds W., 54.96 feet to a point thence; N. 

26 degrees 13 minutes 24 seconds W., 119.94 feet to a point 

on the Left Toe of the 60-foot-wide main navigational channel 

at computed Centerline Station No. 41+81.10, coordinates North 

157320.30, East 1640264.00. Geometry Right Toe of the 60- 

foot-wide main navigational ship channel, Right Toe Station 

No. 0+00, coordinates North 157824.70, East 1636941.90, as 

stated and depicted on the Condition Survey Goose Creek, 

Sheet 1 of 1, prepared by the United States Army Corps of 

Engineers, Baltimore District, August 2010; thence departing 

the aforementioned centerline traveling the following courses 

and distances: S. 64 degrees 49 minutes 06 seconds E., 1583.82 

feet to a point, on the outline of said 60-foot-wide channel 

thence binding on said out-line the following six courses and 

distances: S. 63 degrees 25 minutes 47 seconds E., 1478.79 

feet to a point, thence; N. 50 degrees 38 minutes 26 seconds 

E., 1016.69 feet to a point, thence; N. 26 degrees 14 minutes 

49 seconds W., 144.26 feet to a point, thence; N. 63 degrees 

54 minutes 03 seconds E., 55.01 feet to a point thence; N. 

26 degrees 12 minutes 08 seconds W., 120.03 feet to a point 

a point on the Right Toe of the 60-foot-wide main navigational 

channel at computed Centerline Station No. 43+98.61, coordinates North 157395.40, East 1640416.50. 

(12) LOWER THOROUGHFARE, DEAL ISLAND, MARYLAND.—The 

portion of the project for navigation, Lower Thoroughfare, Maryland, authorized by the Act of June 25, 1910 (36 Stat. 639, 

chapter 382) (commonly known as the ‘‘River and Harbor Act 

of 1910’’), that begins at Lower Thoroughfare Channel Geometry 

Centerline of the 60-foot-wide main navigational ship channel, 

Centerline Station No. 44+88, coordinates North 170435.62, 

East 1614588.93, as stated and depicted on the Condition 

Survey Lower Thoroughfare, Deal Island, Sheet 1 of 3, prepared 

by the United States Army Corps of Engineers, Baltimore District, August 2010; thence departing the aforementioned centerline traveling the following courses and distances: S. 42 degrees 

20 minutes 44 seconds W., 30.00 feet to a point, on the outline 

of said 60-foot-wide channel thence binding on said out-line 

the following four courses and distances: N. 64 degrees 08 

minutes 55 seconds W., 53.85 feet to a point, thence; N. 42 

degrees 20 minutes 43 seconds W., 250.08 feet to a point, 

thence; N. 47 degrees 39 minutes 03 seconds E., 20.00 feet 

to a point, thence; S. 42 degrees 20 minutes 44 seconds E., 

300.07 feet to a point binding on the Left Toe of the 60- 

foot-wide main navigational channel at computed Centerline 

Station No. 43+92.67, coordinates North 170415.41, 1614566.76; 


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128 STAT. 1354 PUBLIC LAW 113–121—JUNE 10, 2014 

thence; continuing with the aforementioned centerline the following courses and distances: S. 42 degrees 20 minutes 42 

seconds W., 30.00 feet to a point, on the outline of said 60- 

foot-wide channel thence binding on said out-line the following 

four courses and distances: N. 20 degrees 32 minutes 06 seconds 

W., 53.85 feet to a point, thence; N. 42 degrees 20 minutes 

49 seconds W., 250.08 feet to a point, thence; S. 47 degrees 

39 minutes 03 seconds W., 20.00 feet to a point, thence; S. 

42 degrees 20 minutes 46 seconds E., 300.08 feet to a point 

binding on the Left Toe of the 60-foot-wide main navigational 

channel at computed Centerline Station No. 43+92.67, coordinates North 170415.41, 1614566.76 is no longer authorized 

beginning on the date of enactment of this Act. 

(13) GLOUCESTER HARBOR AND ANNISQUAM RIVER, MASSACHUSETTS.—The portions of the project for navigation, 

Gloucester Harbor and Annisquam River, Massachusetts, 

authorized by section 2 of the Act of March 2, 1945 (59 Stat. 

12; chapter 19), consisting of an 8-foot anchorage area in Lobster Cove, and described as follows are no longer authorized 

beginning on the date of enactment of this Act: 

(A) Beginning at a bend along the easterly limit of 

the existing project, N3063230.31, E878283.77, thence running northwesterly about 339 feet to a point, N3063478.86, 

E878053.83, thence running northwesterly about 281 feet 

to a bend on the easterly limit of the existing project, 

N3063731.88, E877932.54, thence running southeasterly 

about 612 feet along the easterly limit of the existing 

project to the point of origin. 

(B) Beginning at a bend along the easterly limit of 

the existing project, N3064065.80, E878031.45, thence running northwesterly about 621 feet to a point, N3064687.05, 

E878031.13, thence running southwesterly about 122 feet 

to a point, N3064686.98, E877908.85, thence running 

southeasterly about 624 feet to a point, N3064063.31, 

E877909.17, thence running southwesterly about 512 feet 

to a point, N3063684.73, E877564.56, thence running about 

741 feet to a point along the westerly limit of the existing 

project, N3063273.98, E876947.77, thence running northeasterly about 533 feet to a bend along the westerly limit 

of the existing project, N3063585.62, E877380.63, thence 

running about 147 feet northeasterly to a bend along the 

westerly limit of the project, N3063671.29, E877499.63, 

thence running northeasterly about 233 feet to a bend 

along the westerly limit of the existing project, 

N3063840.60, E877660.29, thence running about 339 feet 

northeasterly to a bend along the westerly limit of the 

existing project, N3064120.34, E877852.55, thence running 

about 573 feet to a bend along the westerly limit of the 

existing project, N3064692.98, E877865.04, thence running 

about 113 feet to a bend along the northerly limit of the 

existing project, N3064739.51, E877968.31, thence running 

145 feet southeasterly to a bend along the northerly limit 

of the existing project, N3064711.19, E878110.69, thence 

running about 650 feet along the easterly limit of the 

existing project to the point of origin. 

(14) CLATSOP COUNTY DIKING DISTRICT NO. 10, KARLSON

ISLAND, OREGON.—The Diking District No. 10, Karlson Island 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1355 

portion of the project for raising and improving existing levees 

in Clatsop County, Oregon, authorized by section 5 of the 

Act of June 22, 1936 (49 Stat. 1590) is no longer authorized 

beginning on the date of enactment of this Act. 

(15) NUMBERG DIKE NO. 34 LEVEED AREA, CLATSOP COUNTY

DIKING DISTRICT NO. 13, CLATSOP COUNTY, OREGON (WALLUSKI- YOUNGS).—The Numberg Dike No. 34 leveed area, Clatsop 

County Diking District, No. 13, Walluski River and Youngs 

River dikes, portion of the project for raising and improving 

existing levees in Clatsop County, Oregon, authorized by section 

5 of the Act of June 22, 1936 (49 Stat. 1590) is no longer 

authorized beginning on the date of enactment of this Act. 

(16) EAST FORK OF TRINITY RIVER, TEXAS.—The portion 

of the project for flood protection on the East Fork of the 

Trinity River, Texas, authorized by section 203 of the Flood 

Control Act of 1962 (76 Stat. 1185), that consists of the 2 

levees identified as Kaufman County Levees K5E and K5W 

is no longer authorized beginning on the date of enactment 

of this Act. 

(17) BURNHAM CANAL, WISCONSIN.—The portion of the 

project for navigation, Milwaukee Harbor Project, Milwaukee, 

Wisconsin, known as the Burnham Canal, authorized by the 

first section of the Act of March 3, 1843 (5 Stat. 619; chapter 

85), and described as follows is no longer authorized beginning 

on the date of enactment of this Act: 

(A) Beginning at channel point #415a N381768.648, 

E2524554.836, a distance of about 170.58 feet. 

(B) Thence running south 53 degrees 43 minutes 41 

seconds west to channel point #417 N381667.728, 

E2524417.311, a distance of about 35.01 feet. 

(C) Thence running south 34 degrees 10 minutes 40 

seconds west to channel point #501 N381638.761, 

E2524397.639, a distance of about 139.25 feet. 

(D) Thence running south 34 degrees 10 minutes 48 

seconds west to channel point #503 N381523.557, 

E2524319.406, a distance of about 235.98 feet. 

(E) Thence running south 32 degrees 59 minutes 13 

seconds west to channel point #505 N381325.615, 

E2524190.925, a distance of about 431.29 feet. 

(F) Thence running south 32 degrees 36 minutes 05 

seconds west to channel point #509 N380962.276, 

E2523958.547, a distance of about 614.52 feet. 

(G) Thence running south 89 degrees 05 minutes 00 

seconds west to channel point #511 N380952.445, 

E2523344.107, a distance of about 74.68 feet. 

(H) Thence running north 89 degrees 04 minutes 59 

seconds west to channel point #512 N381027.13, 

E2523342.91, a distance of about 533.84 feet. 

(I) Thence running north 89 degrees 05 minutes 00 

seconds east to channel point #510 N381035.67, 

E2523876.69, a distance of about 47.86 feet. 

(J) Thence running north 61 degrees 02 minutes 07 

seconds east to channel point #508 N381058.84, 

E2523918.56, a distance of about 308.55 feet. 

(K) Thence running north 36 degrees 15 minutes 29 

seconds east to channel point #506 N381307.65, 

E2524101.05, a distance of about 199.98 feet. 


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128 STAT. 1356 PUBLIC LAW 113–121—JUNE 10, 2014 

(L) Thence running north 32 degrees 59 minutes 12 

seconds east to channel point #504 N381475.40, 

E2524209.93, a distance of about 195.14 feet. 

(M) Thence running north 26 degrees 17 minutes 22 

seconds east to channel point #502 N381650.36, 

E2524296.36, a distance of about 81.82 feet. 

(N) Thence running north 88 degrees 51 minutes 05 

seconds west to channel point #419 N381732.17, 

E2524294.72, a distance of about 262.65 feet. 

(O) Thence running north 82 degrees 01 minutes 02 

seconds east to channel point #415a, the point of origin. 

(18) MANITOWOC HARBOR, WISCONSIN.—The portion of the 

project for navigation, Manitowoc River, Manitowoc, Wisconsin, 

authorized by the Act of August 30, 1852 (10 Stat. 58; chapter 

104), and described as follows is no longer authorized beginning 

on the date of enactment of this Act: The triangular area 

bound by— 

(A) 44.09893383N and 087.66854912W; 

(B) 44.09900535N and 087.66864372W; and 

(C) 44.09857884N and 087.66913123W. 

(b) SEWARD WATERFRONT, SEWARD, ALASKA.— 

(1) IN GENERAL.—Subject to paragraph (2), the portion of 

the project for navigation, Seward Harbor, Alaska, identified 

as Tract H, Seward Original Townsite, Waterfront Park Replat, 

Plat No 2012–4, Seward Recording District, shall not be subject 

to navigation servitude beginning on the date of enactment 

of this Act. 

(2) ENTRY BY FEDERAL GOVERNMENT.—The Federal Government may enter upon the property referred to in paragraph 

(1) to carry out any required operation and maintenance of 

the general navigation features of the project referred to in 

paragraph (1). 

(c) PORT OF HOOD RIVER, OREGON.— 

(1) EXTINGUISHMENT OF PORTIONS OF EXISTING FLOWAGE

EASEMENT.—With respect to the properties described in paragraph (2), beginning on the date of enactment of this Act, 

the flowage easement identified as Tract 1200E–6 on the Easement Deed recorded as Instrument No. 740320 is extinguished 

above elevation 79.39 feet (NGVD 29) the Ordinary High Water 

Line. 

(2) AFFECTED PROPERTIES.—The properties referred to in 

paragraph (1), as recorded in Hood River County, Oregon, are 

as follows: 

(A) Instrument Number 2010–1235. 

(B) Instrument Number 2010–02366. 

(C) Instrument Number 2010–02367. 

(D) Parcel 2 of Partition Plat #2011–12P. 

(E) Parcel 1 of Partition Plat 2005–26P. 

(3) FEDERAL LIABILITIES; CULTURAL, ENVIRONMENTAL, AND

OTHER REGULATORY REVIEWS.— 

(A) FEDERAL LIABILITY.—The United States shall not 

be liable for any injury caused by the extinguishment of 

the easement under this subsection. 

(B) CULTURAL AND ENVIRONMENTAL REGULATORY

ACTIONS.—Nothing in this subsection establishes any cultural or environmental regulation relating to the properties 

described in paragraph (2). 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1357 

(4) EFFECT ON OTHER RIGHTS.—Nothing in this subsection 

affects any remaining right or interest of the Corps of Engineers 

in the properties described in paragraph (2). 

SEC. 6005. LAND CONVEYANCES. 

(a) OAKLAND INNER HARBOR TIDAL CANAL, CALIFORNIA.—Section 3182(b)(1) of the Water Resources Development Act of 2007 

(Public Law 110–114; 121 Stat. 1165) is amended— 

(1) in subparagraph (A) by inserting ‘‘, or to a multicounty 

public entity that is eligible to hold title to real property’’ 

after ‘‘To the city of Oakland’’; and 

(2) in subparagraphs (B) and (C) by inserting ‘‘multicounty 

public entity or other’’ before ‘‘public entity’’. 

(b) ST. CHARLES COUNTY, MISSOURI, LAND EXCHANGE.— (1) DEFINITIONS.—In this subsection: 

(A) FEDERAL LAND.—The term ‘‘Federal land’’ means 

approximately 84 acres of land, as identified by the Secretary, that is a portion of the approximately 227 acres 

of land leased from the Corps of Engineers by Ameren 

Corporation for the Portage Des Sioux Power Plant in 

St. Charles County, Missouri (Lease No. DA-23-065– 

CIVENG–64–651, Pool 26). 

(B) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’ 

means the approximately 68 acres of land owned by Ameren 

Corporation in Jersey County, Illinois, contained within 

the north half of section 23, township 6 north, range 11 

west of the third principal meridian. 

(2) LAND EXCHANGE.—On conveyance by Ameren Corporation to the United States of all right, title, and interest in 

and to the non-Federal land, the Secretary shall convey to 

Ameren Corporation all right, title, and interest of the United 

States in and to the Federal land. 

(3) SPECIFIC CONDITIONS.— 

(A) DEEDS.— 

(i) DEED TO NON-FEDERAL LAND.—The Secretary 

may only accept conveyance of the non-Federal land 

by warranty deed, as determined acceptable by the 

Secretary. 

(ii) DEED TO FEDERAL LAND.—The Secretary shall 

convey the Federal land to Ameren Corporation by 

quitclaim deed. 

(B) CASH PAYMENT.—If the appraised fair market value 

of the Federal land, as determined by the Secretary, 

exceeds the appraised fair market value of the non-Federal 

land, as determined by the Secretary, Ameren Corporation 

shall make a cash payment to the United States reflecting 

the difference in the appraised fair market values. 

(c) TULSA PORT OF CATOOSA, ROGERS COUNTY, OKLAHOMA, 

LAND EXCHANGE.— 

(1) DEFINITIONS.—In this subsection: 

(A) FEDERAL LAND.—The term ‘‘Federal land’’ means 

the approximately 87 acres of land situated in Rogers 

County, Oklahoma, contained within United States Tracts 

413 and 427 and acquired for the McClellan-Kerr Arkansas 

Navigation System. 

(B) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’ 

means the approximately 34 acres of land situated in 


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128 STAT. 1358 PUBLIC LAW 113–121—JUNE 10, 2014 

Rogers County, Oklahoma, and owned by the Tulsa Port 

of Catoosa that lie immediately south and east of the 

Federal land. 

(2) LAND EXCHANGE.—On conveyance by the Tulsa Port 

of Catoosa to the United States of all right, title, and interest 

in and to the non-Federal land, the Secretary shall convey 

to the Tulsa Port of Catoosa all right, title, and interest of 

the United States in and to the Federal land. 

(3) SPECIFIC CONDITIONS.— 

(A) DEEDS.— 

(i) DEED TO NON-FEDERAL LAND.—The Secretary 

may only accept conveyance of the non-Federal land 

by warranty deed, as determined acceptable by the 

Secretary. 

(ii) DEED TO FEDERAL LAND.—The Secretary shall 

convey the Federal land to the Tulsa Port of Catoosa 

by quitclaim deed and subject to any reservations, 

terms, and conditions the Secretary determines necessary to allow the United States to operate and maintain the McClellan-Kerr Arkansas River Navigation 

System. 

(iii) CASH PAYMENT.—If the appraised fair market 

value of the Federal land, as determined by the Secretary, exceeds the appraised fair market value of the 

non-Federal land, as determined by the Secretary, the 

Tulsa Port of Catoosa shall make a cash payment 

to the United States reflecting the difference in the 

appraised fair market values. 

(d) HAMMOND BOAT BASIN, WARRENTON, OREGON.— 

(1) DEFINITIONS.—In this subsection: 

(A) CITY.—The term ‘‘City’’ means the city of 

Warrenton, located in Clatsop County, Oregon. 

(B) MAP.—The term ‘‘map’’ means the map contained 

in Exhibit A of Department of the Army Lease No. 

DACW57–1–88–0033 (or a successor instrument). 

(2) CONVEYANCE AUTHORITY.—Subject to the provisions of 

this subsection, the Secretary shall convey to the City by quitclaim deed, and without consideration, all right, title, and 

interest of the United States in and to the parcel of land 

described in paragraph (3). 

(3) DESCRIPTION OF LAND.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the land referred to in paragraph (2) is the parcel 

totaling approximately 59 acres located in the City, 

together with any improvements thereon, including the 

Hammond Marina (as described in the map). 

(B) EXCLUSION.—The land referred to in paragraph 

(2) shall not include the site provided for the fisheries 

research support facility of the National Marine Fisheries 

Service. 

(C) AVAILABILITY OF MAP.—The map shall be on file 

in the Portland District Office of the Corps of Engineers. 

(4) TERMS AND CONDITIONS.—As a condition of the conveyance under this subsection, the Secretary may impose a requirement that the City assume full responsibility for operating 

and maintaining the channel and the breakwater. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1359 

(5) REVERSION.—If the Secretary determines that the land 

conveyed under this subsection ceases to be owned by the 

public, all right, title, and interest in and to the land shall 

revert, at the discretion of the Secretary, to the United States. 

(6) DEAUTHORIZATION.—After the land is conveyed under 

this subsection, the land shall no longer be a portion of the 

project for navigation, Hammond Small Boat Basin, Oregon, 

authorized by section 107 of the Rivers and Harbor Act of 

1960 (33 U.S.C. 577). 

(e) CRANEY ISLAND DREDGED MATERIAL MANAGEMENT AREA, PORTSMOUTH, VIRGINIA.— (1) IN GENERAL.—Subject to the conditions described in 

this subsection, the Secretary may convey to the Commonwealth of Virginia, by quitclaim deed and without consideration, 

all right, title, and interest of the United States in and to 

2 parcels of land situated within the project for navigation, 

Craney Island Eastward Expansion, Norfolk Harbor and Channels, Hampton Roads, Virginia, authorized by section 1001(45) 

of the Water Resources Development Act of 2007 (Public Law 

110–114; 121 Stat. 1057), together with any improvements 

thereon. 

(2) LANDS TO BE CONVEYED.— 

(A) IN GENERAL.—The 2 parcels of land to be conveyed 

under this subsection include a parcel consisting of approximately 307.82 acres of land and a parcel consisting of 

approximately 13.33 acres of land, both located along the 

eastern side of the Craney Island Dredged Material 

Management Area in Portsmouth, Virginia. 

(B) USE.—The 2 parcels of land described in subparagraph (A) may be used by the Commonwealth of Virginia 

exclusively for the purpose of port expansion, including 

the provision of road and rail access and the construction 

of a shipping container terminal. 

(3) REVERSION.—If the Secretary determines that the land 

conveyed under this subsection ceases to be owned by the 

public or is used for any purpose that is inconsistent with 

paragraph (2), all right, title, and interest in and to the land 

shall revert, at the discretion of the Secretary, to the United 

States. 

(f) CITY OF ASOTIN, WASHINGTON.— 

(1) IN GENERAL.—The Secretary shall convey to the city 

of Asotin, Asotin County, Washington, without monetary consideration, all right, title, and interest of the United States in 

and to the land described in paragraph (3). 

(2) REVERSION.—If the land transferred under this subsection ceases at any time to be used for a public purpose, 

the land shall revert to the United States. 

(3) DESCRIPTION.—The land to be conveyed to the city 

of Asotin, Washington, under this subsection are— 

(A) the public ball fields designated as Tracts 1503, 

1605, 1607, 1609, 1611, 1613, 1615, 1620, 1623, 1624, 1625, 

1626, and 1631; and 

(B) other leased areas designated as Tracts 1506, 1522, 

1523, 1524, 1525, 1526, 1527, 1529, 1530, 1531, and 1563. 

(g) GENERALLY APPLICABLE PROVISIONS.— (1) SURVEY TO OBTAIN LEGAL DESCRIPTION.—The exact acreage and the legal description of any real property to be conveyed 

Determination. 

Determination. 


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128 STAT. 1360 PUBLIC LAW 113–121—JUNE 10, 2014 

under this section shall be determined by a survey that is 

satisfactory to the Secretary. 

(2) APPLICABILITY OF PROPERTY SCREENING PROVISIONS.— 

Section 2696 of title 10, United States Code, shall not apply 

to any conveyance under this section. 

(3) ADDITIONAL TERMS AND CONDITIONS.—The Secretary 

may require that any conveyance under this section be subject 

to such additional terms and conditions as the Secretary considers necessary and appropriate to protect the interests of 

the United States. 

(4) COSTS OF CONVEYANCE.—An entity to which a conveyance is made under this section shall be responsible for all 

reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with 

the conveyance. 

(5) LIABILITY.—An entity to which a conveyance is made 

under this section shall hold the United States harmless from 

any liability with respect to activities carried out, on or after 

the date of the conveyance, on the real property conveyed. 

The United States shall remain responsible for any liability 

with respect to activities carried out, before such date, on 

the real property conveyed. 

(h) RELEASE OF USE RESTRICTIONS.—Notwithstanding any other 

provision of law, the Tennessee Valley Authority shall, without 

monetary consideration, grant releases from real estate restrictions 

established pursuant to section 4(k)(b) of the Tennessee Valley 

Authority Act of 1933 (16 U.S.C. 831c(k)(b)) with respect to tracts 

of land identified in section 4(k)(b) of that Act, subject to the 

condition that such releases shall be granted in a manner consistent 

with applicable Tennessee Valley Authority policies. 

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.— 

33 USC 2282d. 

16 USC 831c 

note. 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1361 

(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 

Public 

information. 

Web posting. 

Federal Register, 

publication. 

Notice. 


srobinson on DSKB307YQ1PROD with PUBLIC LAWS
128 STAT. 1362 PUBLIC LAW 113–121—JUNE 10, 2014 

(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— 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1363 

(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— 

Federal Register, 

publication. 

Notice. 


srobinson on DSKB307YQ1PROD with PUBLIC LAWS
128 STAT. 1364 PUBLIC LAW 113–121—JUNE 10, 2014 

(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). 

SEC. 7002. AUTHORIZATION OF FINAL FEASIBILITY STUDIES. 

The following final feasibility studies for water resources 

development and conservation and other purposes are authorized 

to be carried out by the Secretary substantially in accordance with 

the plan, and subject to the conditions, described in the respective 

reports designated in this section: 

(1) NAVIGATION.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

1. TX, 

LA 

Sabine Neches 

Waterway, 

Southeast 

Texas and 

Southwest 

Louisiana 

July 22, 

2011 

Federal: $748,070,000 

Non-Federal: 

$365,970,000 

Total: $1,114,040,000 

2. FL Jacksonville 

HarborMilepoint 

Apr. 30, 

2012 

Federal: $27,870,000 

Non-Federal: $9,290,000 

Total: $37,160,000 

3. GA Savannah Harbor 

Expansion 

Project 

Aug. 17, 

2012 

Federal: $492,000,000 

Non-Federal: 

$214,000,000 

Total: $706,000,000 

4. TX Freeport Harbor Jan. 7, 

2013 

Federal: $121,000,000 

Non-Federal: 

$118,300,000 

Total: $239,300,000 


srobinson on DSKB307YQ1PROD with PUBLIC LAWS
PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1365 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

5. FL Canaveral 

Harbor 

(Sect 203 

Sponsor Report) 

Feb. 25, 

2013 

Federal: $29,240,000 

Non-Federal: 

$11,830,000 

Total: $41,070,000 

6. MA Boston Harbor Sept. 30, 

2013 

Federal: $216,470,000 

Non-Federal: 

$94,510,000 

Total: $310,980,000 

7. FL Lake Worth 

Inlet 

Apr. 16, 

2014 

Federal: $57,556,000 

Non-Federal: 

$30,975,000 

Total: $88,531,000 

8. FL Jacksonville 

Harbor 

Apr. 16, 

2014 

Federal: $362,000,000 

Non-Federal: 

$238,900,000 

Total: $600,900,000 

(2) FLOOD RISK MANAGEMENT.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

1. KS Topeka Aug. 24, 

2009 

Federal: $17,360,000 

Non-Federal: $9,350,000 

Total: $26,710,000 


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128 STAT. 1366 PUBLIC LAW 113–121—JUNE 10, 2014 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

2. CA American 

River Watershed, Common Features 

Project, 

Natomas 

Basin 

Dec. 30, 

2010 

Federal: $760,630,000 

Non-Federal: 

$386,650,000 

Total: $1,147,280,000 

3. IA Cedar River, 

Cedar Rapids 

Jan. 27, 

2011 

Federal: $73,130,000 

Non-Federal: 

$39,380,000 

Total: $112,510,000 

4. MN, 

ND 

Fargo-Moorhead Metro Dec. 19, 

2011 

Federal: $846,700,000 

Non-Federal: 

$1,077,600,000 

Total: $1,924,300,000 

5. KY Ohio River 

Shoreline, 

Paducah 

May 16, 

2012 

Federal: $13,170,000 

Non-Federal: $7,090,000 

Total: $20,260,000 

6. MO Jordan Creek, 

Springfield 

Aug. 26, 

2013 

Federal: $13,560,000 

Non-Federal: $7,300,000 

Total: $20,860,000 

7. CA Orestimba 

Creek, San 

Joaquin 

River Basin 

Sept. 25, 

2013 

Federal: $23,680,000 

Non-Federal: 

$21,650,000 

Total: $45,330,000 

8. CA Sutter Basin Mar. 12, 

2014 

Federal: $255,270,000 

Non-Federal: 

$433,660,000 

Total: $688,930,000 

9. NV Truckee Meadows Apr. 11, 

2014 

Federal: $181,652,000 

Non-Federal: 

$99,168,000 

Total: $280,820,000 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1367 

(3) HURRICANE AND STORM DAMAGE RISK REDUCTION.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated Initial 

Costs and 

Estimated 

Renourishment 

Costs 

1. NC West Onslow 

Beach and 

New River 

Inlet (Topsail Beach) 

Sept. 28, 

2009 

Initial Federal: 

$29,900,000 

Initial Non-Federal: 

$16,450,000 

Initial Total: 

$46,350,000 

Renourishment Federal: 

$69,410,000 

Renourishment NonFederal: $69,410,000 

Renourishment Total: 

$138,820,000 

2. NC Surf City and 

North Topsail Beach 

Dec. 30, 

2010 

Initial Federal: 

$84,770,000 

Initial Non-Federal: 

$45,650,000 

Initial Total: 

$130,420,000 

Renourishment Federal: 

$122,220,000 

Renourishment NonFederal: $122,220,000 

Renourishment Total: 

$244,440,000 

3. CA San Clemente 

Shoreline 

Apr. 15, 

2012 

Initial Federal: 

$7,420,000 

Initial Non-Federal: 

$3,990,000 

Initial Total: 

$11,410,000 

Renourishment Federal: 

$43,835,000 

Renourishment NonFederal: $43,835,000 

Renourishment Total: 

$87,670,000 


srobinson on DSKB307YQ1PROD with PUBLIC LAWS
128 STAT. 1368 PUBLIC LAW 113–121—JUNE 10, 2014 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated Initial 

Costs and 

Estimated 

Renourishment 

Costs 

4. FL Walton County July 16, 

2013 

Initial Federal: 

$17,945,000 

Initial Non-Federal: 

$46,145,000 

Initial Total: 

$64,090,000 

Renourishment Federal: 

$24,740,000 

Renourishment NonFederal: $82,820,000 

Renourishment Total: 

$107,560,000 

5. LA Morganza to 

the Gulf 

July 8, 

2013 

Federal: $6,695,400,000 

Non-Federal: 

$3,604,600,000 

Total: $10,300,000,000 

(4) HURRICANE AND STORM DAMAGE RISK REDUCTION AND

ENVIRONMENTAL RESTORATION.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

1. MS Mississippi 

Coastal Improvement 

Program 

(MSCIP) 

Hancock, 

Harrison, 

and Jackson 

Counties 

Sept. 15, 

2009 

Federal: $693,300,000 

Non-Federal: 

$373,320,000 

Total: $1,066,620,000 

(5) ENVIRONMENTAL RESTORATION.— 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1369 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

1. MD Mid-Chesapeake Bay 

Island 

Aug. 24, 

2009 

Federal: $1,240,750,000 

Non-Federal: 

$668,100,000 

Total: $1,908,850,000 

2. FL Central and 

Southern 

Florida 

Project, 

Comprehensive Everglades Restoration 

Plan, 

Caloosahatchee River 

(C–43) West 

Basin Storage Project, 

Hendry 

County 

Mar. 11, 

2010 

and Jan. 

6, 2011 

Federal: $313,300,000 

Non-Federal: 

$313,300,000 

Total: $626,600,000 

3. LA Louisiana 

Coastal Area 

Dec. 30, 

2010 

Federal: $1,026,000,000 

Non-Federal: 

$601,000,000 

Total: $1,627,000,000 

4. MN Marsh Lake Dec. 30, 

2011 

Federal: $6,760,000 

Non-Federal: $3,640,000 

Total: $10,400,000 


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128 STAT. 1370 PUBLIC LAW 113–121—JUNE 10, 2014 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

5. FL Central and 

Southern 

Florida 

Project, 

Comprehensive Everglades Restoration 

Plan, C–111 

Spreader 

Canal Western Project 

Jan. 30, 

2012 

Federal: $87,280,000 

Non-Federal: 

$87,280,000 

Total: $174,560,000 

6. FL CERP Biscayne Bay 

Coastal Wetland, Florida 

May 2, 

2012 

Federal: $98,510,000 

Non-Federal: 

$98,510,000 

Total: $197,020,000 

7. FL Central and 

Southern 

Florida 

Project, 

Broward 

County 

Water Preserve Area 

May 21, 

2012 

Federal: $448,070,000 

Non-Federal: 

$448,070,000 

Total: $896,140,000 

8. LA Louisiana 

Coastal 

AreaBarataria 

Basin Barrier 

June 22, 

2012 

Federal: $321,750,000 

Non-Federal: 

$173,250,000 

Total: $495,000,000 

9. NC Neuse River 

Basin 

Apr. 23, 

2013 

Federal: $23,830,000 

Non-Federal: 

$12,830,000 

Total: $36,660,000 


srobinson on DSKB307YQ1PROD with PUBLIC LAWS
PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1371 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

10. VA Lynnhaven 

River 

Mar. 27, 

2014 

Federal: $22,821,500 

Non-Federal: 

$12,288,500 

Total: $35,110,000 

11. OR Willamette 

River Floodplain Restoration 

Jan. 6, 

2014 

Federal: $27,401,000 

Non-Federal: 

$14,754,000 

Total: $42,155,000 

SEC. 7003. AUTHORIZATION OF PROJECT MODIFICATIONS RECOMMENDED BY THE SECRETARY. 

The following project modifications for water resources development and conservation and other purposes are authorized to be 

carried out by the Secretary substantially in accordance with the 

recommendations of the Secretary, as specified in the letters 

referred to in this section: 

A. 

State 

B. 

Name 

C. 

Date of 

Secretary’s 

Recommendation 

Letter 

D. 

Updated Authorization 

Project Costs 

1. MN Roseau River Jan. 24, 

2013 

Estimated Federal: 

$25,455,000 

Estimated non-Federal: 

$18,362,000 

Total: $43,817,000 

2. IL Wood River 

Levee System Reconstruction 

May 7, 

2013 

Estimated Federal: 

$16,678,000 

Estimated non-Federal: 

$8,980,000 

Total: $25,658,000 


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128 STAT. 1372 PUBLIC LAW 113–121—JUNE 10, 2014 

A. 

State 

B. 

Name 

C. 

Date of 

Secretary’s 

Recommendation 

Letter 

D. 

Updated Authorization 

Project Costs 

3. TX Corpus Christi 

Ship Channel 

Aug. 8, 

2013 

Estimated Federal: 

$182,582,000 

Estimated non-Federal: 

$170,649,000 

Total: $353,231,000 

4. IA Des Moines 

River and 

Raccoon 

River Project 

Feb. 12, 

2014 

Estimated Federal: 

$14,990,300 

Estimated non-Federal: 

$8,254,700 

Total: $23,245,000 

5. MD Poplar Island Feb. 26, 

2014 

Estimated Federal: 

$868,272,000 

Estimated non-Federal: 

$365,639,000 

Total: $1,233,911,000 

6. IL Lake Michigan 

(Chicago 

Shoreline) 

Mar. 18, 

2014 

Estimated Federal: 

$185,441,000 

Estimated non-Federal: 

$355,105,000 

Total: $540,546,000 

7. NE Western Sarpy 

and Clear 

Creek 

Mar. 20, 

2014 

Estimated Federal: 

$28,128,800 

Estimated non-Federal: 

$15,146,300 

Total: $43,275,100 

8. MO Cape 

Girardeau 

Apr. 14, 

2014 

Estimated Federal: 

$17,687,000 

Estimated non-Federal: 

$746,000 

Total: $18,433,000 

SEC. 7004. EXPEDITED CONSIDERATION IN THE HOUSE AND SENATE. 

(a) CONSIDERATION IN THE HOUSE OF REPRESENTATIVES.— (1) DEFINITION OF INTERIM AUTHORIZATION BILL.—In this 

subsection, the term ‘‘interim authorization bill’’ means a bill 


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PUBLIC LAW 113–121—JUNE 10, 2014 128 STAT. 1373 

of the 113th Congress introduced after the date of enactment 

of this Act in the House of Representatives by the chair of 

the Committee on Transportation and Infrastructure which— 

(A) has the following title: ‘‘A bill to provide for the 

authorization of certain water resources development or 

conservation projects outside the regular authorization 

cycle.’’; and 

(B) only contains— 

(i) authorization for 1 or more water resources 

development or conservation projects for which a final 

report of the Chief of Engineers has been completed; 

or 

(ii) deauthorization for 1 or more water resources 

development or conservation projects. 

(2) EXPEDITED CONSIDERATION.—If an interim authorization 

bill is not reported by a committee to which it is referred 

within 30 calendar days, the committee shall be discharged 

from its further consideration and the bill shall be referred 

to the appropriate calendar. 

(b) CONSIDERATION IN THE SENATE.— 

(1) POLICY.—The benefits of water resource projects 

designed and carried out in an economically justifiable, environmentally acceptable, and technically sound manner are important to the economy and environment of the United States 

and recommendations to Congress regarding those projects 

should be expedited for approval in a timely manner. 

(2) APPLICABILITY.—The procedures under this subsection 

apply to projects for water resources development, conservation, 

and other purposes, subject to the conditions that— 

(A) each project is carried out— 

(i) substantially in accordance with the plan identified in the report of the Chief of Engineers for the 

project; and 

(ii) subject to any conditions described in the report 

for the project; and 

(B)(i) a report of the Chief of Engineers has been 

completed; and 

(ii) after the date of enactment of this Act, the Assistant Secretary of the Army for Civil Works has submitted 

to Congress a recommendation to authorize construction 

of the project. 

(3) EXPEDITED CONSIDERATION.— 

(A) IN GENERAL.—A bill shall be eligible for expedited 

consideration in accordance with this subsection if the bill— 

(i) authorizes a project that meets the requirements described in paragraph (2); and 

(ii) is referred to the Committee on Environment 

and Public Works of the Senate. 

(B) COMMITTEE CONSIDERATION.— 

(i) IN GENERAL.—Not later than January 31st of 

the second session of each Congress, the Committee 

on Environment and Public Works of the Senate 

shall— 

(I) report all bills that meet the requirements 

of subparagraph (A); or 

Deadline. 

Recommendation. 

Deadline. 


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128 STAT. 1374 PUBLIC LAW 113–121—JUNE 10, 2014 

LEGISLATIVE HISTORY—H.R. 3080: 

HOUSE REPORTS: Nos. 113–246, Pt. 1 (Comm. on Transportation and Infrastructure) and 113–449 (Comm. of Conference). 

CONGRESSIONAL RECORD: 

Vol. 159 (2013): Oct. 23, considered and passed House. 

Oct. 31, considered and passed Senate, amended. 

Vol. 160 (2014): May 20, House agreed to conference report. 

May 22, Senate agreed to conference report. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2014): 

June 10, Presidential remarks. 

Æ 

(II) introduce and report a measure to 

authorize any project that meets the requirements 

described in paragraph (2). 

(ii) FAILURE TO ACT.—Subject to clause (iii), if the 

committee fails to act on a bill that meets the requirements of subparagraph (A) by the date specified in 

clause (i), the bill shall be discharged from the committee and placed on the calendar of the Senate. 

(iii) EXCEPTIONS.—Clause (ii) shall not apply if— 

(I) in the 180-day period immediately preceding the date specified in clause (i), the full 

committee holds a legislative hearing on a bill 

to authorize all projects that meet the requirements described in paragraph (2); 

(II)(aa) the committee favorably reports a bill 

to authorize all projects that meet the requirements described in paragraph (2); and 

(bb) the bill described in item (aa) is placed 

on the calendar of the Senate; or 

(III) a bill that meets the requirements of 

subparagraph (A) is referred to the committee not 

earlier than 30 days before the date specified in 

clause (i). 

(4) TERMINATION.—The procedures for expedited consideration under this subsection terminate on December 31, 2018. 

(c) RULES OF THE SENATE AND HOUSE OF REPRESENTATIVES.— 

This section is enacted by Congress— 

(1) as an exercise of the rulemaking power of the Senate 

and House of Representatives, respectively, and as such it 

is deemed a part of the rules of each House, respectively, 

but applicable only with respect to the procedure to be followed 

in that House in the case of a bill addressed by this section, 

and it supersedes other rules only to the extent that it is 

inconsistent with such rules; and 

(2) with full recognition of the constitutional right of either 

House to change the rules (so far as relating to the procedure 

of that House) at any time, in the same manner, and to the 

same extent as in the case of any other rule of that House. 

Approved June 10, 2014. 

Deadline. 

Time period. 


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