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[Senate Report 113-13]
[From the U.S. Government Publishing Office]

                                                        Calendar No. 44
113th Congress                                                   Report
                                 SENATE
 1st Session                                                     113-13
======================================================================
 
                WATER RESOURCES DEVELOPMENT ACT OF 2013

                                _______
                                

                 April 22, 2013.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 601]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 601) to provide for the conservation and 
development of water and related resources, to authorize the 
Secretary of the Army to construct various projects for 
improvements to rivers and harbors of the United States, and 
for other purposes, having considered the same, reports 
favorably thereon, with an amendment, and recommends that the 
bill, as amended, do pass.

                    General Statement and Background

    In 1986, a House-Senate Conference Committee produced a 
Conference Report (H. Rpt. 99-1013), passed by the House and 
Senate and signed into law on November 17, 1986, that was the 
largest and most comprehensive authorization of projects and 
programs for the Army Corps' Civil Works Program since the 
Senate Public Works Committee was created in 1947. The Water 
Resources Development Act of 1986 (WRDA) authorized numerous 
projects and resolved longstanding disputes relating to cost 
sharing, user fees, and environmental requirements.
    Some of the major reforms included in the Water Resources 
Development Act of 1986 and subsequent legislation are listed 
below:
    Cost-sharing formulas were established for harbor dredging 
(section 101), inland navigation (section 102), flood control, 
hydroelectric power, water supply, recreation, hurricane and 
storm damage reduction, and aquatic plant control (section 
103). Ecosystem Restoration was added to section 103 in 1996. 
Project Cooperation Agreements were required for all such 
projects. Projects for mitigation of fish and wildlife 
resources were allowed to be carried out at up to 100 percent 
Federal expense under section 906 and modifications of Army 
Corps of Engineers (Corps) projects in the interest of 
environmental quality were authorized to be carried out at 75 
percent Federal expense under section 1135. The Water Resources 
Development Act of 1996 extended harbor cost sharing formulas 
to dredged material disposal facilities, increased the non-
Federal cost share for flood control, and established cost 
sharing for environmental protection and restoration.
    The Harbor Maintenance Trust Fund, capitalized by a new 
Harbor Maintenance Tax, was established in the 1986 Act to pay 
40 percent of the Federal cost of maintaining authorized deep 
draft navigation channels (sections 210, 1402, and 1403). The 
tax that supports the trust fund was subsequently increased and 
authorized to provide for 100 percent of the cost under the 
Revenue Reconciliation Act of 1990 and the Water Resources 
Development Act of 1990.
    These policy changes applied to projects contained in the 
Water Resources Development Acts of 1988 (Public Law 100-676); 
1990 (Public Law 101-640); 1992 (Public Law 102-580); 1996 
(Public Law 104-303); 1999 (Public Law 106-53); 2000 (Public 
Law 106-541); and 2007 (Public Law 110-114).
    In approving the Water Resources Development Act of 2013, 
the Committee is adhering to the principles for cost-sharing 
and related policies established in the Water Resources 
Development Act of 1986 (P.L. 99-662) and continued in the 
civil works program of the Army Corps of Engineers.
    This bill includes authorization for new projects for 
navigation, flood and coastal storm damage reduction, and 
ecosystem restoration which have undergone extensive review and 
for which a completed report of the Chief of Engineers has been 
submitted to Congress by the Assistant Secretary of the Army 
for Civil Works. The legislation also creates a Commission to 
identify existing projects for deauthorization.
    The legislation contains important reforms to increase 
flexibility for non-Federal sponsors of Corps projects and 
accelerate project delivery. The legislation also addresses the 
growing surplus of funds in the Harbor Maintenance Trust Fund 
by ensuring all revenues will be spent for port maintenance 
without impacting other important Corps of Engineers projects. 
The legislation establishes a 5-year innovative project 
financing pilot program to provide loans and loan guarantees 
for important flood control, water supply, and wastewater 
projects.

                     Objectives of the Legislation

    The Water Resources Development Act of 2013 authorizes 
water resources projects related to flood and storm risk 
reduction, coastal and inland navigation, and ecosystem 
restoration and reforms water resources policies of the U.S. 
Army Corps of Engineers.

                      Section-by-Section Analysis

Section 1. Short title; Table of contents

    Section 1 states that the Act may be cited as the ``Water 
Resources Development Act of 2013'' and includes a Table of 
Contents.

Sec. 2. Definition of Secretary

    Section 2 defines the term ``Secretary'' for the purposes 
of the Act as the Secretary of the Army.

                   TITLE I--WATER RESOURCES PROJECTS

Sec. 1001. Purposes

    Section 1001 describes the purposes of Title I, which 
include authorizing projects that have a completed report of 
the Chief of Engineers, and have been recommended to Congress 
for authorization by the Assistant Secretary of Army for Civil 
Works and authorizing the Secretary to request an increase in 
an authorization for an existing project after submitting a 
report on the need for increased authorization to Congress.

Sec. 1002. Project authorizations

    Section 1002 provides authority for the Secretary to carry 
out projects for water resources development, conservation, and 
other purposes substantially in accordance with the plans 
recommended to Congress. Projects authorized for construction 
under this section must have a completed report of the Chief of 
Engineers that has been referred to Congress by the Assistant 
Secretary of Army for Civil Works by the date of enactment of 
this Act.

Sec. 1003. Project review

    Section 1003 authorizes the Secretary to modify the cost of 
an authorized project that is subject to the cost limitations 
of section 902 of the Water Resources Development Act of 1986 
(33 U.S.C. 2280). Modification to authorized project costs can 
occur after the Secretary has submitted to Congress the 
required certification and additional information required in 
this section and the Congress has appropriated funds to 
initiate or continue construction of the project in an 
appropriations or other Act. This section allows for 
modification of authorized costs of projects which have not yet 
initiated construction and projects that are already under 
construction. For projects under construction, the Secretary 
must certify that a temporary stop or delay resulting from a 
failure to increase the authorized cost of the project will 
increase costs to the Federal government and the amount 
requested for the project in the President's budget or a work 
plan for expenditure of funds will exceed the authorized cost 
of the project.

                TITLE II--WATER RESOURCES POLICY REFORMS

Sec. 2001. Purposes

    Section 2001 identifies the purposes of Title II including, 
reforming the implementation of water resources projects by the 
Corps of Engineers and making other technical changes to the 
water resources policy of the Corps.

Sec. 2002. Safety assurance review

    Section 2002 amends section 2035 of WRDA 2007 to clarify 
that the panels established to conduct safety assurance reviews 
are not subject to the Federal Advisory Committee Act.

Sec. 2003. Continuing authority programs

    The Corps manages multiple ``Continuing Authority 
Programs'', which allow for the planning and construction of 
small projects without additional authorization from Congress. 
These programs address flood control, navigation, and ecosystem 
restoration needs. Currently, these programs have varying 
authorization levels and per project limitations. Many of these 
limits have not been updated in many years. Section 2003 
increases the program authorization levels and raises the per 
project limits to accommodate for increased project costs.
    Section 2003 also clarifies the cost-share for projects 
authorized in WRDA 2007 for the beneficial use of dredge 
material.

Sec. 2004. Continuing authority program prioritization

    Section 2004 is intended to provide additional transparency 
in the implementation of the Corps' continuing authority 
programs. Specifically, this section requires the Secretary to 
publish in the Federal Register and on a publicly available 
website the criteria used for prioritizing annual funding for 
continuing authority program projects. The Secretary is also 
required to publish an annual report on the status of each 
continuing authority program, including the name and a short 
description of each active continuing authority project, a cost 
estimate to complete each project, and the funding available in 
that fiscal year for each program. The Secretary must provide 
the prioritization criteria and annual report to Congress.

Sec. 2005. Fish and wildlife mitigation

    Section 2005 makes clarifying changes to section 906 of 
WRDA 1986, as amended by WRDA 2007.
    Subsection (a) amends paragraph ``(d)(1)'' to conform the 
mitigation requirements contained in section 906 to the Corps' 
policy guidance. Current Corps policy requires mitigation for 
impacts to ecological resources, including both aquatic and 
terrestrial resources.
    The amendments to paragraph ``(d)(1)'' also clarify that 
the determination of whether a proposed project will have 
negligible adverse impacts on fish and wildlife is to be made 
without consideration of proposed mitigation. Section 906 of 
WRDA 1986 requires that any proposal for authorization of a 
water resources project must contain either a specific plan to 
mitigate fish and wildlife losses created by such project or a 
determination that the project will have negligible adverse 
impact on fish and wildlife. Section 906 does not require a 
mitigation plan such that only non-negligible impacts remain. 
Section 906 requires that every water resources project contain 
either, ``(A) a recommendation with a specific plan to mitigate 
fish and wildlife losses created by such project, or (B) a 
determination by the Secretary that such project will have 
negligible adverse impact on fish and wildlife.''
    Subsection (a) amends Section 906 to require that a report 
to Congress recommending a project for authorization include a 
detailed justification any time the Secretary does not mitigate 
to in-kind conditions. Currently, section 906 requires that 
mitigation to in-kind conditions occur for bottomland hardwood 
forests and requires that ``other habitat types are mitigated 
to not less than in-kind conditions, to the extent possible''. 
It should be presumed that mitigation to in-kind conditions is 
possible for other habitat types unless clearly demonstrated 
otherwise. Such a justification must be included in the report 
recommending authorization of the project.
    Subsection (a) also amends paragraph ``(d)(3)'' to clarify 
that the requirement that mitigation plans for Corps projects 
comply with mitigation requirements under the regulatory 
programs administered by the Secretary is a minimum 
requirement. This conforms to Corps policies to include a 
broader analysis of ecological impacts, not only aquatic 
impacts, in developing mitigation plans.
    Subsection (a) modifies the requirement in clause 
``(d)(3)(B)(iii)'' that the Secretary identify the land or 
interest in land that will be acquired to implement the 
mitigation plan. The amendments require that the Secretary 
determine that the interest in land to be acquired does not 
exceed the minimum interest in land necessary to meet 
mitigation requirements. For example, the Secretary shall 
consider if a permanent easement is sufficient to meet 
mitigation requirements instead of fee title acquisition.
    In addition, subsection (a) adds a new clause ``(iv)'', 
which establishes alternate requirements for information that 
must be provided when third party mitigation arrangements, such 
as mitigation banks and in-lieu fee programs, will be used.
    Subsection (a) adds a new subsection ``(h)'' authorizing 
the Secretary to develop programmatic mitigation plans or use 
qualified mitigation plans developed by other entities pursuant 
to paragraph ``(3)''. Paragraph ``(2)'' requires that the 
Secretary, to the maximum extent practicable, shall use 
programmatic mitigation plans to guide the development of a 
mitigation plan under subsection ``(d)'''. This provision is 
intended to encourage mitigation for water resources projects 
that results in broader ecosystem benefits and complements 
other ongoing Federal, state, and local conservation and 
restoration actions.
    Paragraph ``(4)'' outlines the scope of programmatic 
mitigation plans, which should be designed to mitigate current 
or future impacts; be developed on a regional, ecosystem, 
watershed, or statewide scale; encompass multiple environmental 
resources within a specific area or focus on a specific 
resource; and address impacts of multiple projects within the 
defined area or impacting the specific resource.
    Paragraph ``(5)'' requires that plans be developed in 
consultation with state and Federal agencies with jurisdiction 
over the resources being addressed. Paragraph ``(6)'' outlines 
the contents of programmatic mitigation plans. Paragraph 
``(7)'' requires public comment on plans developed by the 
Secretary and non-Federal entities and requires the Secretary 
to determine whether plans developed by non-Federal entities 
meet the requirements of paragraphs ``(4)'' through ``(6)''. 
Paragraph ``(8)'' encourages integration of programmatic 
mitigation plans with other plans, including watershed, 
ecosystem, species recovery, growth management, and land use 
plans. Paragraph ``(9)'' authorizes other Federal agencies to 
use programmatic mitigation plans developed under this 
subsection in carrying out reviews of a water resources 
project. Paragraph ``(10)'' clarifies that nothing in this 
subsection limits the use of programmatic approaches to reviews 
under the National Environmental Policy Act of 1969.
    Subsection (a) adds a new subsection ``(i)'' which 
clarifies that the Secretary may use third party mitigation 
arrangements, such as mitigation banks and in-lieu fee 
programs, to meet the mitigation requirements of this section. 
Such mitigation can take place concurrent with or in advance of 
funding for a project. At the request of a non-Federal 
interest, preference may be given to use of these mitigation 
arrangements.
    Subsection (a) adds a new subsection ``(j)'' which gives 
the Secretary the authority to use funds made available for 
preconstruction engineering and design prior to project 
authorization to acquire interests in land necessary for 
meeting mitigation requirements.
    Subsection (b) clarifies that the amendments made by 
subsection (a) shall not apply to a project for which a 
mitigation plan has not been completed as of the date of 
enactment.
    Subsection (c) authorizes the Secretary to provide 
technical assistance to States and local governments to 
establish third-party mitigation instruments to target 
mitigation payments to high-priority ecosystem restoration 
actions. Priority shall be given to States and local 
governments with State, regional, or watershed-based plans 
identifying priority restoration actions.

Sec. 2006. Mitigation status report

    Section 2006 amends section 2036(b) of WRDA 2007. Section 
2036 requires an annual report to the committees of 
jurisdiction on the status of mitigation required for projects 
of the Corps. The report is also to include information on the 
required consultations among the Corps, Federal agencies, and 
the States on the success of mitigation efforts.
    The quality of information provided in the annual reports 
has improved since the initial reports were provided in 2008 
and 2009. In the initial reports, the Corps acknowledged that 
``there are different methodologies utilized by Corps districts 
to calculate percent of mitigation complete.'' Subsequent 
reports have appeared to use a more consistent methodology. In 
future reports, the Committee encourages the Corps to include a 
more detailed explanation of the methodology used to evaluate 
the percent of mitigation complete.
    This section ensures that the Corps continues to use the 
best practices in evaluating and reporting on its mitigation 
activities. Specifically, this section requires the Corps to 
use uniform methods for determining mitigation status that 
include both qualitative and quantitative analysis. This 
section also requires that the status report include the 
specific dates and participants in consultation meetings 
required under section 906(d)(4)(B) of WRDA 1986.

Sec. 2007. Independent peer review

    Section 2007 amends section 2034 of WRDA 2007 to increase 
transparency in the independent review process, and make 
adjustments based on experience to date.
    Subsection (a) adds a new paragraph to section 2034(b) to 
increase public disclosure concerning the decision of the Chief 
of Engineers to not conduct an independent review. Section 2034 
requires independent reviews of certain types of project 
studies. To date, the Corps has shown a tendency to have 
independent review occur late in the study process for draft 
feasibility reports.
    Section 2034 allows the Chief of Engineers wide discretion 
in when to conduct the review, but to avoid issues arising for 
the first time at the end of the study process, Congress 
included language calling for the Chief to make a determination 
as to whether to conduct an independent review at three 
specific times during the study. These times are: (1) when the 
without-project conditions are identified (status quo); (2) 
when the array of alternatives to be considered is identified 
(i.e., what options will the Corps explore); and (3) when the 
preferred alternative is identified (i.e., the likely 
recommended project). The implementing guidance for section 
2034 does not include these references. The result can be that 
review comes too late in the process. The Committee intends 
that by requiring public disclosure of the reasons for not 
conducting a review at the three decision points required by 
law, the decision to conduct or delay review until a time later 
in the study process will be a deliberative one, rather than 
one by default.
    Subsection (b) is intended to increase transparency in the 
process. Section 2034(c) currently requires the Chief of 
Engineers to notify the committees of jurisdiction of an 
upcoming review prior to initiating the review. The intent of 
the requirement was to ensure that Congressional supporters of 
the study under review were aware of the review, and that 
information could be publicly disclosed. The amendment proposed 
by subsection (b) reinforces the requirement that the 
committees of jurisdiction be notified of upcoming reviews 
being conducted under section 2034. In addition, the Chief of 
Engineers would be required to make publicly available, 
including on the Internet, information on the upcoming review.
    Subsection (c) adds transparency requirements for review 
documents after they are completed. The Corps currently does 
not routinely make completed independent review documents 
publicly available. Subsection (c) amends section 2034 to 
require the completed reviews to be provided to the committees 
of jurisdiction and the public, including on the Internet, 
within seven days of the Chief of Engineers receiving the 
report. Any responses to the review are subject to a three-day 
availability requirement.

Sec. 2008. Operation and maintenance of navigation and hydroelectric 
        facilities

    Section 2008 amends section 314 of the Water Resources 
Development Act of 1990 (P.L. 101-640) (WRDA 1990) to designate 
all activities performed by personnel under the direction of 
the Secretary in connection with the operation and maintenance 
of navigation projects or navigational infrastructure, 
including floodgates, locks, and dams, at Corps water resources 
projects, as inherently governmental functions. Section 2008 
includes an ``Exclusion'' provision stating that the section 
shall not apply to those navigation facilities that have been 
or currently are under contract with a non-Federal interest to 
provide operations and maintenance as of the date of enactment.
    The Committee recognizes the importance of the nation's 
12,000 miles of commercially navigable channels across the 
United States to its economy, homeland security, and national 
security. Any accident or incident at a lock or dam structure 
on the nation's inland system could seriously jeopardize the 
nation's economy or its ability to quickly respond to threats 
to homeland or national security. This provision is intended to 
preserve the operation of these vital transportation corridors.

Sec. 2009. Hydropower at Corps of Engineers facilities

    In April 2012, the Oak Ridge National Laboratory of the 
Department of Energy released a report finding that adding 
hydroelectric power to the non-powered dams of the United 
States has the potential to add more than 12 gigawatts of new 
generating capacity. Of the 50 non-powered dams identified by 
the Oak Ridge Lab as having the highest hydroelectric power 
potential, 48 are Corps civil works projects.
    Because of the findings of the Oak Ridge Report, the 
Committee believes the Secretary should seek to maximize 
opportunities to expand the implementation of non-Federal 
hydropower at Corps facilities. This section directs the 
Secretary to submit a report to Congress not later than one 
year after enactment and annually thereafter that includes a 
description of the activities carried out by the Secretary to 
encourage the development of hydroelectric power at Corps civil 
works projects and a list of new hydroelectric power activities 
by non-Federal entities at Corps civil works projects.

Sec. 2010. Clarification of work-in-kind credit authority

    Section 2010 makes a technical correction to that allows 
the sharing of non-Federal credits across all projects included 
under the ecosystem restoration program in Title VII of WRDA 
2007. This section also clarifies that the costs of land, 
easements, rights-of-way, relocations, and dredged material 
disposal areas that are in excess of the non-Federal cost-share 
for a project may be applied to another study, program, or 
project.

Sec. 2011. Transfer of excess work-in-kind credit

    Section 2011 authorizes the Corps to enter into agreements 
with non-Federal sponsors to transfer credits in excess of the 
non-Federal cost-share to other eligible projects. All credit 
received or transferred under this subsection must comply with 
the requirements of section 221 of the Flood Control Act of 
1970 (P.L. 91-611), including the requirement to sign a written 
agreement prior to proceeding with any construction work for 
credit and the requirement that any work carried out be 
determined to be integral to the project.
    To be eligible to transfer credit under this section, a 
non-Federal interest must submit a comprehensive plan to the 
Secretary that identifies the studies and projects for which 
the non-Federal interest intends to provide in-kind 
contributions in excess of the cost-share and the studies and 
projects to which credit would be applied. The Secretary must 
approve any credit awarded pursuant to the requirements of 
section 221 of the Flood Control Act of 1970, the Secretary 
must then approve the transfer of any eligible credit, and the 
total amount of credit applied cannot exceed the total non-
Federal share for all projects identified in the comprehensive 
plan. This section establishes criteria for evaluating requests 
to transfer credits. The authority provided in this section 
terminates in ten years. The Secretary is directed to provide 
to Congress interim and final reports on the use of this 
authority.

Sec. 2012. Credit for in-kind contributions

    Section 2012 amends section 221 of the Flood Control Act of 
1970 (P.L. 91-611) (1970 Act) to clarify language that was 
added to that section by WRDA 2007. Section 2003 of WRDA 2007 
amended section 221 of the 1970 Act to provide general 
authority to the Secretary to provide credit for work 
undertaken by non-Federal interests without project-specific 
legislative authority. In providing the credit, certain 
conditions of eligibility would need to be met.
    This amendment addresses issues with the implementation of 
the amendments included in WRDA 2007. In addition, these 
amendments clarify the process for approving credit under 
section 221. However, these amendments do not modify any 
requirement for a non-Federal interest to enter into a written 
agreement with the Secretary prior to carrying out any work or 
any requirement that the work carried out must ultimately be 
determined to be integral to the project by the Secretary.
    Subsection (a) amends section 221(a)(4).
    Paragraph (1) clarifies that environmental infrastructure 
projects and programs are subject to the crediting provisions 
of section 221.
    Paragraph (2) makes clear that planning activities are 
eligible for credit under this section and that any design work 
that is carried out for construction work that is to receive 
credit pursuant to a written agreement under subparagraph (A) 
is also eligible for credit.
    Paragraph (5) clarifies that construction carried out by 
the non-Federal interests pursuant to a written agreement shall 
not count against the future without project condition for the 
purposes of calculating the benefits and costs of the project. 
This paragraph also allows that in-kind contributions that 
exceed the non-Federal interest's cost-share for an authorized 
separable element may be applied toward the non-Federal cost 
share for a different authorized separable element. Paragraph 
(5) also authorizes the Secretary to reimburse the non-Federal 
interest for costs that exceed the non-Federal cost-share 
requirements if the excess costs are incurred for work carried 
out pursuant to a written agreement and are a result of the 
requirement that the non-Federal sponsor provide all lands, 
easements, rights-of-way, dredged material disposal areas, and 
relocations for the authorized project under this section.
    Paragraph (6) clarifies the relationship between the 
amendments made to the general Section 221 crediting authority 
included in WRDA 2007 and specific crediting provisions also 
included in WRDA 2007. In the years prior to WRDA 2007, the 
Committee received an increasing number of requests from non-
Federal interests for credit for work undertaken by the non-
Federal interest and associated with a Federal project. In the 
absence of a general authority, the Committee was accommodating 
these requests by individual provisions in WRDA bills.
    To accommodate both the general provision being added to 
section 221 and the project-specific provisions in the Act, 
WRDA 2007 included language that allowed the project-specific 
provision to apply rather than the general provision. 
Subsequent implementation of amended section 221 by the Corps 
has resulted in consequences contrary to the intent of the 
amendment. For example, where the project language allows for 
credit for work done prior to the date of enactment of the Act, 
the Corps interpreted the current language in section 221 to 
preclude credit for any work undertaken following the date of 
enactment of WRDA 2007.
    Paragraph (6) authorizes the Secretary to apply the 
provisions of section 221 to eligible work carried out by a 
non-Federal interest even if a specific provision of law allows 
for credit for work undertaken prior to the execution of the 
project partnership agreement. Moreover, if the non-Federal 
interest seeks to conduct additional work beyond the scope of 
the project specific credit language and with the intent of 
receiving credit, the Secretary is to give credit to the non-
Federal sponsor using the general credit authority in section 
221.
    Subsection (b) clarifies that activities to correct design 
deficiencies are eligible for credit.
    Subsection (c) establishes the effective date of 
subsections (a) and (b) as November 8, 2007.
    Subsection (d) directs the Secretary to 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). This subsection 
requires that at a minimum, the new or updated guidelines will 
include the milestone for executing the memorandum of 
understanding for construction by the non-federal interest; 
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 criteria and 
procedures for determining whether work carried out by a non-
Federal interest is integral to a project.
    Subsection (e) clarifies that nothing in section 221 (a)(4) 
as amended by this section affects any eligibility for credit 
under section 104 of the Water Resources Development Act of 
1986 (33 U.S.C. 2214) that was approved by the Secretary prior 
to the date of enactment of this Act.

Sec. 2013. Credit in lieu of reimbursement

    Section 2013 amends section 211(e)(2) of the Water 
Resources Development Act of 1996 (33 U.S.C. 701b-13(e)(2)) to 
authorize the Secretary to provide the non-Federal interest of 
a flood damage reduction project credit in lieu of 
reimbursement owed to the non-Federal interest for work carried 
out prior to the date of enactment.

Sec. 2014. Dam optimization

    The Corps operates more than 600 dams and other water 
control structures around the country. The operation of many of 
these structures is subject to outdated plans that do not 
efficiently balance all needs of these reservoirs (e.g., flood 
control, water supply, environmental restoration, and 
recreation). Updating the operation plans for these dams and 
reservoirs could have significant benefits for the environment 
as well as the authorized project purposes. Section 2014 
establishes a program to evaluate and update operation and 
management of Corps facilities to more efficiently meet all 
project needs.
    Activities carried out under this program shall only be 
those activities that the Secretary is otherwise authorized to 
carry out under other laws, and any activity must be carried 
out in compliance with other laws. Further, this section 
clarifies that an activity carried out under this section does 
not supersede or modify existing agreements, including 
agreements for water supply at Corps facilities.
    In carrying out activities under this section, the 
Secretary is directed to coordinate with appropriate Federal, 
state, and local agencies and public and private entities that 
could be impacted as well as affected non-Federal interests. 
The Committee directs the Secretary to consult with all 
affected interests, including non-Federal entities responsible 
for operations and maintenance costs of a Corps facility, 
affected water rights holders, individuals and entities with 
storage entitlements, and local agencies with flood control 
responsibilities downstream of a Corps facility.

Sec. 2015. Water supply

    The Water Supply Act of 1958 (WSA), 43 U.S.C. Sec. 390b, 
provides that municipal and industrial water supply is the 
``primary responsibilit[y] of the States and local interests,'' 
and that Congress must approve adding water supply storage 
under the WSA if it would ``seriously affect'' a reservoir's 
purposes or involve a ``major operational change.'' These terms 
were not defined in the WSA.
    Section 2015 clarifies the WSA in two ways. First, it 
amends 43 U.S.C. Sec. 390b to require federal agencies to 
consider new WSA allocations ``cumulatively'' with all previous 
such allocations at the reservoir. This is intended to prevent 
federal agencies from circumventing the intent of the WSA 
through gradual allocations.
    Second, it clarifies the WSA by adding a threshold when 
congressional approval is required. Under Section 2015, 
Congress would be required to authorize modification that 
provides storage for municipal or industrial water supply at a 
reservoir project that ``involve an allocation or reallocation 
of storage that is equal to or exceeds 5 percent of the 
conservation storage pool of the project.''
    These limits do not constrain water supply uses otherwise 
authorized through project-specific legislation.

Sec. 2016. Report on water storage pricing formulas

    Ongoing droughts in many areas of the United States have 
resulted in communities looking for ways to enhance their water 
storage on Corps reservoirs to maintain reliable supplies of 
water. As a result of this additional need for water supply, 
water storage pricing formulas should be equitable between 
users. Section 2016 directs the Comptroller General of the 
United States to conduct an assessment of the water supply 
pricing formulas of the Corps.

Sec. 2017. Clarification of previously authorized work

    Section 2017 clarifies the Secretary's authority to carry 
out measures to improve fish species habitat within the 
footprint and downstream of a water resources project 
constructed by the Secretary that includes a fish hatchery. The 
Secretary must determine the project has been explicitly 
authorized to compensate for fish losses associated with the 
project and that the measures are feasible, consistent with 
authorized project purposes and the fish hatchery, and in the 
public interest.

Sec. 2018. Consideration of Federal land in feasibility studies

    Section 2018 directs the Secretary, at the request of the 
non-federal sponsor, to include in a feasibility analysis any 
federal lands that fall in the geographic scope of a regional 
or watershed study.

Sec. 2019. Planning assistance to States

    The Planning Assistance to States program authorizes the 
Corps to work with state and local governments on comprehensive 
water resources planning activities and to provide technical 
assistance for such efforts. The small but effective program 
has been used widely across the country. Section 2019 would 
increase the authorized size of the program, authorize the 
Corps to accept contributed funds, modify the cost-share for 
technical assistance, and clarify that the Corps can work with 
States and other stakeholders on comprehensive efforts to 
address water resources and environmental challenges.

Sec. 2020. Vegetation management policy

    The Committee is concerned that initial proposals related 
to the Corps' vegetation management policy failed to consider 
stakeholder concerns, accommodate for regional variation, and 
consider the latest scientific information on vegetation 
impacts on levees. Section 2020 requires the Secretary to 
undertake a comprehensive review of the Corps policy guidelines 
on vegetation management for levees. The review is required to 
seek public input and seek peer review through the National 
Academy of Engineering. The Secretary is directed to consider 
regional and watershed variances based on a variety of factors 
including soil conditions, hydrology, environmental resources, 
and levee performance history.
    The Secretary must revise the vegetation management 
guidelines not later than two years after the date of enactment 
of this Act.

Sec. 2021. Levee certifications

    Secion 2021(a) requires the Secretary to conduct certain 
activities in implementing section 100226 of the Biggert-Waters 
Flood Insurance Reform Act of 2012 (42 U.S.C. 4101 note; 126 
Stat. 942). Specifically, the Secretary shall--
          1. ensure that at least 1 program activity carried 
        out under the inspection of completed works program of 
        the Corps provides adequate information to the 
        Secretary to reach a levee accreditation decision for 
        each requirement 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 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. 40117 et seq.).
    Section 2021(b) authorizes the Secretary, on receipt of a 
request from a non-Federal interest, to carry out a levee 
system evaluation and certification 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 and 
certification will be carried out earlier than such an 
evaluation and certification would be carried out under 
subsection (a). The cost share for activities carried out under 
this subsection will be 65 percent federal: 35 percent non-
federal. The section does allow the Secretary to adjust the 
non-Federal share of the cost of carrying out a levee system 
evaluation and certification under this subsection in 
accordance with section 103(m) of the Water Resources 
Development Act of 1986 (33 U.S.C. 2213(m)).

Sec. 2022. Restoration of flood and hurricane storm damage reduction 
        projects

    Section 2022 directs the Secretary to carry out any measure 
necessary to restore components of authorized and constructed 
flood and hurricane storm damage reduction projects to the 
authorized level of protection for reasons including 
settlement, subsidence, sea-level rise, and new datum, if the 
Secretary determines the necessary work is feasible.
    The Committee is aware of the engineering challenges faced 
by the Corps in flood-prone coastal zones and encourages the 
Secretary to expeditiously address flood and hurricane storm 
damage reduction projects susceptible to changing soil and 
hydrologic factors that will result in the decertifying of 
levees or flood protection systems under the National Flood 
Insurance Program.
    The Committee believes that necessary measures may include, 
but are not limited to, increasing the height of a levee as a 
viable engineering alternative for providing armoring in 
certain locations.

Sec. 2023. Operation and maintenance of certain projects

    Section 2023 authorizes the Secretary to assume operation 
and maintenance of a navigation channel that is deepened by a 
non-Federal interest prior to December 31, 2012 if the 
Secretary determines that--the requirements of section 204(f) 
of the Water Resources Development Act of 1986 (33 U.S.C. 
2232(f)) have been met; the activities carried out by the non-
Federal interest in deepening the channel are economically 
justified and environmentally acceptable; and the activities 
were carried out on an authorized channel existing as of the 
date of enactment.

Sec. 2024. Dredging study

    Section 2024 directs the Secretary, in conjunction with 
other relevant Federal agencies and applicable non-Federal 
interests, to conduct a study of international and domestic 
dredging technologies and management approaches to improve the 
efficiency and effectiveness of dredging in the United States.
    Specifically, the Secretary is directed to establish a 
study team to assist in planning, carrying out, and reporting 
on the results of the study. The teams would be appointed by 
the Secretary to represent a broad spectrum of experts in the 
field of dredging and representatives of relevant State 
agencies and relevant non-Federal interests.
    The Secretary is directed to submit a detailed report on 
the results of the study to Congress and make publically 
available, including on the Internet, all study findings under 
this section.

Sec. 2025. Non-Federal project implementation pilot program

    Section 2025 directs the Secretary to 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, and coastal harbor and channel and 
inland harbor navigation projects.
    In carrying out this section, the Secretary is directed to 
identify not more than 12 projects that (1) have received 
Federal funds prior to the date of enactment, (2) have more 
than 2 consecutive years of unobligated funding balances in the 
Corps construction account, and (3) are located in each of the 
divisions of the Corps.
    This section also directs the Secretary, in collaboration 
with the non-Federal interest, to develop a detailed project 
management plan and 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 separable element in accordance with plans approved 
by the Secretary. Upon execution of the project partnership 
agreement, the Secretary is directed to transfer the balance of 
the unobligated amounts appropriated for the projects as well 
as additional appropriated amounts made available. At the 
request of the non-Federal interest, the Secretary may provide 
technical assistance relating to any study, engineering 
activity, and design activity for construction carried out by 
the non-Federal interest under this section. Nothing in this 
section affects the cost share requirements applicable on the 
date of enactment of this act to a project carried out under 
this section.
    The Secretary is directed to submit a report to Congress 
detailing the results of the pilot program carried out under 
this section, including progress of the non-Federal interests 
in meeting milestones in detailed project schedules and any 
recommendations for national implementation of the program.

Sec. 2026. Non-Federal implementation of feasibility studies

    Section 2026 directs the Secretary to 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, ecosystem 
restoration, and coastal harbor and channel and inland harbor 
navigation.
    This section authorizes the Secretary to enter into an 
agreement with the non-Federal interest for the non-Federal 
interest to provide full project management control of a 
feasibility study. A non-Federal interest that has entered into 
such an agreement to assume management of a feasibility study 
may use non-Federal funds to carry out the study.
    This section directs the Secretary to credit towards the 
non-Federal share of the cost of construction of a project for 
which a feasibility study is carried out under this section 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 to be carry out by the Secretary, subject to the 
conditions that (1) non-Federal funds were used to carry out 
the activities that would have been the responsibility of the 
Secretary, (2) the Secretary determines that the feasibility 
study complies with all applicable Federal laws and 
regulations, and (3) the project is authorized by any provision 
of Federal law enacted after the date on which a study 
agreement is entered into.
    This section authorizes the Secretary to transfer to the 
non-Federal interest to carry out the feasibility the balance 
of any unobligated amounts appropriated for the study, except 
that the Secretary could retain sufficient amounts for the 
Corps to carry out any responsibilities of the Corps relating 
to the project and additional amounts, as determined by the 
Secretary, from amounts made available from appropriations for 
this authority.

Sec. 2027. Tribal Partnership Program

    Section 2027 requires the Corps to issue guidance on cost-
sharing procedures for the Corps' Tribal Partnership Program. 
This section also extends the program until 2023.

Sec. 2028. Cooperative agreements with Columbia River Basin Indian 
        tribes

    Section 2028 authorizes the Secretary to enter into 
cooperative agreements with one or more federally recognized 
Indian tribes that are located in whole or in part within the 
boundaries of the Columbia River basin to carry out authorized 
activities within the Columbia River basin to protect fish, 
wildlife, water quality and cultural resources.

Sec. 2029. Military munitions response actions at civil works shoreline 
        protection projects

    This section authorizes the Secretary to implement response 
activities at a site where the Secretary has carried out a 
project under the Corps civil works authority that includes 
placing sand on a beach and resulted in military munitions from 
the Department of Defense being deposited on the beach, posing 
a threat to human health or the environment.

Sec. 2030. Beach nourishment

    Section 2030 modifies the Secretary's authority to provide 
periodic beach nourishment for authorized projects by 
authorizing the Secretary to review the feasibility of 
extending periodic nourishment beyond the current 50-year limit 
by a period of not to exceed 15 years.

Sec. 2031. Regional sediment management

    Section 2031 amends Section 204 of the Water Resources 
Development Act of 1992 (33 U.S.C. 2326), as amended by the 
Water Resources Development Act of 2007 (P.L. 110-114), to 
enhance the Corps' authority to engage in the regional planning 
and implementation of water resources projects including 
navigation, storm protection, and environmental restoration. 
The Committee recognizes that the establishment and 
implementation of Regional Sediment Management Plans in 
cooperation with non-Federal interests can improve the 
management of water resource projects and that greater 
flexibility in developing and carrying out these plans can 
further improve outcomes.
    This section enhances the authority of Federal and non-
Federal agencies to cooperatively plan and implement the 
management of such water resource projects across levels of 
government, between various agencies, and across the business 
lines of the Army Corps. This section provides additional 
flexibility for the ongoing regional planning and management of 
these projects to improve the Corps' civil works program, 
decrease long-term projects costs, conserve sediment, and 
promote the beneficial use of sediment either obtained from or 
used in Federal projects.
    Paragraph (1) enhances the Secretary's authority to 
transport and place dredged material for the purpose of 
carrying out projects at locations identified in regional 
sediment management plans. It expands this authority to include 
any Federal project for which sediment is either obtained or 
deposited. This paragraph also adds several purposes for 
sediment use related to improving environmental conditions in 
marshes, littoral systems, stream channels, coasts, and in 
support of State and local risk management adaptation 
strategies.
    Paragraph (2) authorizes the Secretary to adjust the non-
Federal share of the costs of construction of a specific 
project. If the selection of placement of sediment that is not 
the least-cost option results in a reduction or avoidance of 
Federal costs for any other project, the Secretary may adjust 
the required non-Federal shares to reflect this Federal cost 
savings.
    Paragraph (3) authorizes the Secretary to consider benefits 
related to flood and storm damage reduction when considering 
whether the incremental costs of the proposed disposal method 
are reasonable compared to the least cost option.
    Paragraph (4) authorizes the Secretary to cooperate with 
groups of States in the preparation of sediment management 
plans and allows for plans that involve multiple States.

Sec. 2032. Study acceleration

    Section 2032 codifies the administrative process 
established by the Corps for completing feasibility studies, 
known as ``3-3-3''. The three elements of this process are that 
feasibility studies will be completed in less than three years; 
studies will have a maximum Federal share of $3 million; and 
integrated reviews will take place at all three levels of the 
Corps (District, Division, Headquarters).
    This section allows for certain exceptions to the 
requirement that studies be completed in three years for less 
than $3 million in Federal share. These include:
         a determination at the beginning of the study 
        that the study will be too complex to meet the 
        requirements;
         study conditions have changed such that the 
        required timelines and costs cannot be met;
         sufficient appropriations have not been 
        provided to meet the required timelines and costs.
    If any of these exceptions are met, the Secretary must 
notify the non-Federal sponsor. In addition, the Secretary must 
establish a revised timeline for completion of the feasibility 
study.
    This section requires an annual report to Congress on the 
implementation of the ``3-3-3'' planning process.

Sec. 2033. Project acceleration

    Section 2033 amends Section 2045 of the Water Resources 
Development Act of 2007 (33 U.S.C. 2348), which requires a 
coordinated review process for feasibility studies requiring an 
Environmental Impact Statement under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et. seq.) (NEPA), including 
deadlines for completing reviews and approvals of water 
resources projects and reporting to Congress regarding missed 
deadlines. The amendments contained in this section establish 
additional project acceleration measures. New or modified 
elements are described below.
            Definitions
    Subsection (a), as amended, defines terms used in this 
section including the new term ``environmental review 
process'', which includes the process of preparing documents 
under NEPA and the completion of any environmental permit, 
approval, review, or study required under any Federal law. The 
coordinated review procedures in Section 2045 of WRDA 2007 also 
included all reviews, analyses, opinions, permits, licenses, 
and approvals required of a Federal, State, or local government 
agency or Tribe.
            Applicability
    Subsection (c) clarifies that the project development 
procedures under this section apply to projects initiated after 
the enactment of this Act.
            State and local participation
    Subsection (g), as amended, clarifies the role of non-
Federal interests and state and local agencies by allowing 
these entities to serve as joint lead agencies in the 
environmental review process. This subsection also states that 
a joint lead agency can prepare documents required for any 
action or approval of the Secretary if the Corps provides 
guidance in the preparation of the document, independently 
evaluates the document, and approves and adopts the document. 
This authority applies to those documents that the Secretary 
would prepare for a project under existing law. A document 
prepared in accordance with this subsection may be used by any 
Federal agency to the same extent the agency could use the 
document if it were prepared by another Federal agency.
    The Secretary must ensure that the non-Federal interest 
complies with all design and mitigation commitments included in 
jointly prepared documents.
            Participating agencies
    Subsection (h) outlines the role for participating 
agencies, which include any other Federal or non-Federal 
agencies that may have an interest in the project, and requires 
the Corps to identify and invite these agencies to participate 
in the environmental review process as early as practicable.
    This subsection also requires each participating agency to 
carry out reviews for which it is responsible concurrently and 
in conjunction with the required environmental review process 
for the water resources project.
            Programmatic compliance
    Subsection (i) requires the Secretary to issue guidance on 
programmatic approaches to environmental review, which 
eliminates repetitive discussions, focuses on issues ripe for 
discussion, and establishes a formal process for coordinating 
with participating agencies.
            Coordinated reviews
    Subsection (j) establishes additional procedures for 
coordinated review of water resources projects, including 
requiring the Corps to establish a plan for coordinating public 
and agency participation in the environmental review process, 
which must also be incorporated into project milestones 
required under section 905(g)(2) of the Water Resources 
Development Act of 1986 (33 U.S.C. 2282(g)(2)). The intent of 
this subsection is to involve relevant agencies in the 
decision-making process to identify issues for consideration as 
early as possible so as to avoid delays later in the process.
    This subsection requires 60 day public and agency comment 
periods on draft Environmental Impact Statements and 30 day 
comment periods on other documents prepared by the lead agency. 
The Corps may extend the deadline for good cause or establish a 
different deadline with the concurrence of the non-Federal 
interest and all participating agencies.
    Subjection (j) modifies the WRDA 2007 requirements for 
Congressional reporting related to missed deadlines by another 
Federal, State, or local agency, by increasing the frequency of 
the reporting and requiring additional information.
    Nothing in this subsection shall reduce any time period 
provided for public comment under existing Federal law 
(including regulations).
            Issue identification and resolution
    Subsection (k) requires the Corps to make information 
available to participating agencies as early as practicable in 
the environmental review process and requires participating 
agencies to identify issues of concern as early as practicable.
    As in subsection (c) of Section 2045 of WRDA 2007, the 
Secretary may convene all relevant agencies and the non-Federal 
interest to set deadlines for completion of the environmental 
review. Subsection (k) provides additional requirements related 
to setting deadlines, including that the Secretary should 
convene the agencies not later than 30 days after the close of 
the public comment period on a draft Environmental Impact 
Statement and that the Secretary, in setting deadlines, must 
consult with all relevant agencies and consider a number of 
factors, such as available financial resources, the size and 
complexity of the project, and the sensitivity of natural and 
historical resources that could be impacted.
    The Secretary, a non-Federal sponsor, or a participating 
agency may initiate an issue resolution process to resolve 
issues that could delay completion of the environmental review 
process or result in denial of any approvals for the project.
    If initiated, the Secretary has 21 days to schedule an 
issue resolution meeting. If the issue isn't resolved within 30 
days of the initial meeting, the Secretary notifies the other 
agencies that the issue will be elevated and must hold an issue 
resolution meeting involving the heads of all applicable 
agencies not later than 30 days after the notification. If the 
issue is not resolved within 30 days of holding the second 
issue resolution meeting, the Secretary must refer the issue to 
the Council on Environmental Quality (CEQ). CEQ must schedule 
an issue resolution meeting with all affected agencies not 
later than 30 days after receiving a referral. If an issue is 
not resolved within 30 days of the issue resolution meeting 
hosted by CEQ, the matter must be referred to the President for 
resolution.
    The process is not initiated if the agency that missed a 
deadline certifies it does not have information necessary; 
significant new information has arisen; or the agency lacks 
financial resources to complete the review within the 
timelines; and the agency establishes a new deadline for 
completion of the review. If an agency certifies it does not 
have sufficient financial resources, the Inspector General of 
that agency must conduct an audit of the certification and 
report to Congress within 90 days.
    If agencies' reviews under all laws are not complete by the 
later of 180 days after the later of the completion of the 
Record of Decision under the National Environmental Policy Act 
or 180 days after all necessary requests for approval have been 
made, $20,000 (for projects requiring an environmental impact 
statement or environmental assessment) and $10,000 (for 
projects requiring any other type of review) must be 
transferred from the head of the agency to the division of the 
agency responsible for carrying out the review in order to 
ensure sufficient resources are available to complete the 
review.
    The transfer is not initiated if the agency that missed the 
deadline certifies it does not have information necessary; 
significant new information has arisen; or the agency lacks 
financial resources to complete the review within the 
timelines. If an agency certifies it does not have sufficient 
financial resources, the Inspector General of that agency must 
conduct an audit of the certification and report to Congress 
within 90 days.
    The amount of transfers are limited to 1 percent of the 
funds available to the applicable agency office per project and 
5 percent total per fiscal year.
            Performance measurement
    Subsection (l) requires the Secretary to establish a 
program to measure and report on progress made toward 
expediting the planning and environmental review process.
            Memorandum of agreements for early coordination
    Subsection (m) requires the Corps to enter into a 
memorandum of agreement with the Non-Federal interest, State 
and local governments, and other appropriate entities to carry 
out early coordination activities, including providing 
technical assistance.
            Limitations
    Subsection (n) clarifies that the requirements of all other 
laws continue to apply to a water resources project. 
Specifically, nothing in this section preempts, supersedes, 
amends, modifies, or interferes with--any statutory requirement 
for seeking public comment; any power, jurisdiction, or 
authority that a Federal, State, or local government agency, 
Indian tribe, or non-Federal interest has with respect to a 
project; any obligation to comply with the National 
Environmental Policy Act and associated regulations; the 
reviewability of any final Federal agency action in a Federal 
or state court; any practice of seeking, considering or 
responding to public comment; any other provision of law 
applicable to water resources development projects.
            Categorical exclusions
    Subsection (o) requires the Secretary to undertake a review 
of existing categorical exclusions under the National 
Environmental Policy Act and if new categorical exclusions are 
identified, to initiate a rulemaking to propose these new 
categorical exclusions.
            Oversight
    Subsection (n) requires GAO and Inspector General oversight 
of the implementation of the provisions of this section.

Sec. 2034. Feasibility studies

    Section 2034 amends section 905 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2282) to require the 
Secretary to issue a set of milestones that must be met for all 
feasibility studies. Each District Engineer must establish a 
detailed project schedule using the milestones developed by the 
Secretary for all new feasibility studies as well as 
feasibility studies that have received funding since October 1, 
2009. The District Engineer must submit the schedule to the 
non-Federal interest for the study. If a deadline in the 
schedule is missed, the District Engineer must submit a report 
to the non-Federal interest on why the deadline was missed 
along with a revised project schedule. These reports must also 
be made publically available. The Secretary must provide an 
annual report to Congress listing all detailed project 
schedules and an explanation of any missed deadlines.

Sec. 2035. Accounting and administrative expenses

    Section 2035 directs, at the request of a non-Federal 
interest, the Secretary to provide to the non-Federal interest 
a detailed accounting of the Federal expenses associated with a 
water resources project.
    This section further requires the Secretary to contract 
with the National Academy of Public Administration to conduct a 
study on the efficiency of the Corps current staff salaries and 
administrative expense procedures as compared to using a 
separate administrative expense account. This study must 
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 project delivery.

Sec. 2036. Determination of project completion

    Section 2036 directs the Secretary to transfer to the non-
Federal interest the responsibility for the operation and 
maintenance of any water resources project for which operation 
and maintenance is required of the non-Federal interest or 
separable element or functional portion of that water resources 
project on such date that the Secretary determines that the 
project is complete.
    This section would also establish a process for the non-
Federal interest of a project to appeal a Secretarial decision 
that the project is complete and subject to transfer. On 
notification that a non-Federal interest has submitted an 
appeal of a completion determination, the Secretary would 
contract with 1 or more independent, non-Federal experts to 
determine whether the applicable water resources project or 
separable element or functional portion of the water resources 
project is complete.

Sec. 2037. Project partnership agreements

    The Corps and the non-Federal interest for a water 
resources projects are required to enter into a Project 
Partnership Agreement that governs the roles and 
responsibilities of each party as it pertains to carrying out 
the water resources project. Further, the agreements require 
the non-Federal interest to assume costs associated with 
liability, operations, maintenance, repair, rehabilitation and 
replacement of the projects for the entire life of the 
projects.
    The Committee is concerned that the current process for 
preparing, negotiating, and approving Project Partnership 
Agreements is inefficient, and believes that these agreements 
could be streamlined and restructured to provide an increased 
role for non-Federal interests in decision-making for water 
resources projects.
    Section 2037 directs the Secretary to contract with the 
National Academy of Public Administration to evaluate the 
current Project Partnership Agreement process and make 
recommendations to make the process more efficient.

Sec. 2038. Interagency and international support authority

    Section 2038 amends section 234 of the Water Resources 
Development Act of 1996 (33 U.S.C. 2323a). This authority 
addresses interagency and international support, and enables 
the Corps to participate with Federal or international 
organizations and foreign governments to address problems of 
national significance related to water resources, 
infrastructure development, and environmental protection. 
Actions pursuant to this authority have been valuable in 
bringing the expertise of the Corps to projects addressing 
freshwater management issues in a variety of circumstances.
    The amendment would further enhance this authority by 
enabling the Corps to partner with and accept funds from the 
non-Corps elements of the Department of Defense and to partner 
with organizations providing water resources management 
assistance. The amendment would also ensure that any use of 
this authority in conjunction with international organizations 
or foreign governments would be only with the concurrence of 
the Department of State.

Sec. 2039. Acceptance of contributed funds to increase lock operations

    In October, 2012, the Corps began implementing an 
initiative to reduce lock hours of operations. This began with 
implementation on low commercial use river systems. By April, 
2013, the Corps will have achieved full implementation of the 
new program. The changes in the levels of service at each lock 
are being implemented as a result of the Corps' nationwide 
effort to reduce costs by standardizing lock service levels 
based on actual usage while still providing efficient support 
to the navigation community and other waterway users. The new 
lock hours of operation are based on historic usage.
    The Committee supports efforts to reduce costs. However, 
the Committee believes that adequate public consultation should 
be undertaken prior to modifying lock operations. Therefore, 
Sec. 2039 requires the Secretary to publish a proposed 
modification in the Federal Register and accept public comment, 
not later than 180 days before a modification will go into 
effect. This section also requires the Secretary to submit a 
report to the Committees of jurisdiction within one year that 
evaluates the cost-savings resulting from reduced lock hours 
and any economic impacts of modifying lock operations.
    The Committee is encouraged that the Corps has given local 
communities assurances that, within their current statutory 
authority, they will be sensitive to related impacts on local 
economies. The Committee expects that the Corps will consider 
economic incentives unrelated to commercial barge traffic when 
presented with requests by local communities for specific and 
unique activities requiring locks to be operated outside of 
established levels of service.
    This section also provides authority for the Corps to 
accept funds from non-Federal interests to extend lock 
operations. This authority is intended to allow additional lock 
operation beyond the times the Corps has determined is 
justified. However, the acceptance of funds shall in no way 
affect the review of lock operations and any decisions on lock 
hours of operation. These decisions shall remain based solely 
on commercial traffic.

Sec. 2040. Emergency response to natural disasters

    Section 2040 makes a technical modification to the Corps' 
authority for post-disaster rehabilitation contained in 33 
U.S.C. 701n, commonly known as the PL84-99 program, to give the 
Corps the authority to repair hurricane or shore protection 
projects to the design level of protection. Currently, the 
Corps has authority to rehabilitate an eligible shore 
protection structure if damaged by wind, water or wave action. 
Following such damage, the structure would be restored to its 
pre-disaster status. The amendments made by this section 
clarify that the Corps can rebuild a project to the design 
condition, not the pre-disaster condition. This will ensure 
funds are not spent to rebuild projects that provide inadequate 
protection.

Sec. 2041. Systemwide improvement frameworks

    Section 2041 provides that a levee system shall remain 
eligible for rehabilitation assistance under the PL 84-99 
program (33 U.S.C. 701n) as long as the levee sponsor continues 
to make satisfactory progress under a system-wide improvement 
framework in accordance with the memorandum issued on November 
29, 2011, entitled ``Policy for Development and Implementation 
of System-Wide Improvement Frameworks (SWIFs)''. This flexible 
process allows local levee sponsors to address levee 
deficiencies or issues that cannot be corrected through normal 
corrective actions. This section will allow levee systems that 
would otherwise be ineligible for PL 84-99 assistance to remain 
eligible while they address deficiencies through the SWIF 
process.

Sec. 2042. Funding to process permits

    Section 2042 amends section 214(a) of the Water Resources 
Development Act of 2000 (33 U.S.C. 2201 note; 114 Stat. 2594) 
to permanently extend the program. Section 214 allows the Corps 
to receive funds from non-Federal entities to support 
additional staff to process permits. This section also includes 
additional transparency provisions, including an annual report 
to Congress, and safeguards to ensure that a consistent 
approach is taken in implementing this program across the 
nation.

Sec. 2043. National riverbank stabilization and erosion prevention 
        study and pilot program

    Section 2043 would authorize the Secretary to study and 
implement a national pilot program for riverbank stabilization 
and erosion prevention pilot to address river bank erosion 
along inland and intracoastal waterways described in section 
206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 
1804).
    This section directs the Secretary, in consultation with 
appropriate Federal, State, local, and nongovernmental 
entities, to carry out a study of the options and technologies 
available to prevent the erosion and degradation of riverbanks 
along inland and intracoastal waterways. In addition to the 
study, this section directs the Secretary develop a pilot 
program for the construction of riverbank stabilization and 
erosion prevention projects on public land along inland and 
intracoastal waterways if the Secretary determines that the 
projects are feasible and lower maintenance costs of those 
inland and intracoastal waterways.
    The Committee recognizes the importance of navigation on 
inland and intracoastal waterways, but believes the Corps has a 
responsibility to maintain and stabilize the riverbanks of 
Corps-constructed navigation channels to prevent the continued 
loss of wetlands and public lands. The Committee encourages the 
Corps to utilize innovative technologies to abate or reverse 
the effects of erosion.

Sec. 2044. Hurricane and storm damage risk reduction prioritization

    Section 2044 directs the Secretary to prioritize ongoing 
hurricane and storm damage reduction feasibility studies that 
address an imminent threat to life and property, prevent storm 
surge from inundating populated areas, prevent adverse impacts 
to publicly owned or funded infrastructure and assets, and 
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).
    This section also provides prioritization of new studies 
for hurricane and storm damage reduction that have been 
recommended in a comprehensive hurricane protection study 
carried out by the Corps or are included in a State plan or 
program for hurricane and storm damage reduction in areas 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).

Sec. 2045. Prioritization of ecosystem restoration efforts

    Section 2045 directs the Secretary to prioritize funding 
for ecosystem restoration projects based on benefits for public 
health and safety, preservation of habitats of national 
significance, or preservation of habitats of importance for 
Federally protected species. In addition, prioritization must 
be given to restoration activities that contribute to other 
ongoing or planned Federal, State, or local restoration 
initiatives.

Sec. 2046. Special use permits

    Section 2046 authorizes the Secretary to issue special 
permits for activities at Corps recreation facilities and to 
recoup fees for administering the permits and carrying out 
related operation and maintenance activities.
    In addition, this section expands the Corps' ability to 
partner with other Federal, State, or local agencies and non-
governmental entities to leverage funding and in-kind resources 
that contribute to the maintenance of Corps recreation 
facilities. The expanded ability to exchange services and 
partner with these agencies will help to reduce Federal 
expenditures and increase management efficiencies.

Sec. 2047. Operations and maintenance on fuel taxed inland waterways

    Section 2047 establishes cost share requirements for 
operation and maintenance of structures associated with 
authorized hurricane and storm damage reduction projects that 
bisect an inland or intracoastal waterway described in section 
206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 
1804).

Sec. 2048. Corrosion prevention

    Section 2048 directs the Secretary to develop guidance and 
procedures for the certification of qualified contractors for 
application of protective coatings and the removal of hazardous 
coatings. The section also requires the Secretary to use only 
certified contractors for application of protective coatings 
for complex works and structures subject to immersion and for 
the removal of hazardous coatings or materials that are in 
great enough concentrations to create an occupational or 
environmental hazard. The Secretary may approve exceptions to 
this requirement but must provide for public notice and comment 
on the proposed exception.

Sec. 2049. Project deauthorizations

    Section 2049 requires the Corps to provide Congress with a 
complete list of all uncompleted, authorized projects and 
reforms the existing five-year deauthorization process by 
requiring a notice to non-federal sponsors prior to 
deauthorization and an annual report to Congress on the amount 
of funding each authorized project has received. Currently, the 
law automatically deauthorizes all projects that have not 
received funding over a five fiscal year period. The additional 
reporting requirements ensure transparency in how the Corps is 
funding projects and which projects are automatically 
deauthorized.
    This section also creates a Commission to identify projects 
for deauthorization. The Commission will hold public hearings 
and solicit comments from the Corps, States, and the public 
prior to making final recommendations to Congress. Congress 
will have 180 days to disapprove of the deauthorizations 
proposed by the Commission.

Sec. 2050. Reports to Congress

    Section 2050 directs the Secretary to provide specific 
reports to Congress under this act. Failure to provide a report 
to Congress by the mandated deadline would trigger a schedule 
of penalties to the General Expenses account of the civil works 
program for the Army Corps.
    Those penalties and subsequent penalties shall be 
reprogrammed into the account of the division of the Army Corps 
with responsibility for completing that report until such 
report is transmitted to Congress.
    The Committee believes the Army Corps should be accountable 
to the mandated reports set forth in this Act and it is the 
Committee's desire to have those reports by their prescribed 
deadline.

Sec. 2051. Indian Self-Determination and Education Assistance Act 
        conforming amendment

    Section 2051 clarifies and affirms that allowable costs for 
tribal water projects constructed under Indian Self-
Determination Act (ISDA) contracts or cooperative agreements 
include debt financing instruments. This language codifies a 
2005 Interior Bureau of Indian Appeals ruling (Three Affiliated 
Tribes of the Fort Berthold Reservation v. Great Plains 
Regional Dir., Bureau of Reclamation, IBIA 05-07-A, at 25-31 
(Dec. 22, 2005)) and is consistent with current Department of 
Interior policy.

Sec. 2052. Invasive species review

    Section 2052 requires the Corps, in consultation with the 
U.S. Fish and Wildlife Service, Tennessee Valley Authority 
(TVA), and other applicable federal entities to review the 
existing federal authorities related to invasive species, such 
as invasive weeds and snails, that have an impact on water 
resources, and to make specific recommendations for responding 
more effectively to the threats posted by invasive species.

Sec. 2053. Wetlands conservation study

    Section 2053 requires the General Accountability Office 
(GAO) to evaluate federal programs related to wetlands 
conservation and to identify options for maximizing wetlands 
conservation benefits while reducing redundancies, increasing 
efficiencies, and reducing costs.

Sec. 2054. Dam repair study

    Section 2054 requires the General Accountability Office 
(GAO) to evaluate how the Corps classifies costs of dam repair 
projects at certain dams and to report to Congress on the same.

                    TITLE III--PROJECT MODIFICATIONS

Sec. 3001. Purpose

    Sec. 3001 describes the purpose of this Title, which 
includes modifications of projects that do not increase the 
authorized cost of the project.

Sec. 3002. Chatfield Reservoir, Colorado

    Section 3002 modifies section 116 of the Energy and Water 
Development and Related Agencies Appropriations Act, 2009 (123 
Stat. 608) by striking ``Colorado Department of Natural 
Resources is authorized'' and inserting ``Colorado Department 
of Natural Resources, or its assignee, is authorized''.

Sec. 3003. Missouri River Recovery Implementation Committee expenses 
        reimbursement

    Section 3003 authorizes reimbursement for individuals' 
travel expenses associated with participation in the Missouri 
River Recovery Implementation Committee established in Section 
5018(b) of the WRDA 2007 (121 Stat. 1200).

Sec. 3004. Hurricane and storm damage reduction study

    Section 3004 clarifies that the study for flood and storm 
damage reduction authorized in Public Law 113-2 shall include 
specific project recommendations. This study of areas affected 
by Superstorm Sandy is intended to identify projects that will 
reduce risks and should provide Congress with specific 
recommendations of projects for authorization.

Sec. 3005. Lower Yellowstone Project, Montana

    Section 3005 modifies Section 3109 of WRDA 2007 (121 Stat. 
1135) to clarify that the Secretary shall consult with other 
Federal agencies, conservation districts, the Yellowstone River 
Conservation District Council, and the State of Montana in 
carrying out the project.

Sec. 3006. Project deauthorizations

    Section 3006 deauthorizes obsolete Federal navigation 
channels or portions thereof.

Sec. 3007. Raritan River Basin, Green Brook Sub-basin, New Jersey

    Section 3007 removes a prohibition in the Energy and Water 
Development Appropriations Act of 1998 (P.L. 105-62, 111 Stat. 
1327) which limited the ability of the Corps to implement the 
project for flood control, Green Brook Sub-Basin, Raritan River 
Basin, New Jersey, authorized by 401(a) of the Water Resources 
Development Act of 1986 (Public Law 99-662; 100 Stat. 4119).

Sec. 3008. Red River Basin, Oklahoma, Texas, Arkansas, Louisiana

    Section 3008 authorizes the Secretary to reassign unused 
irrigation storage within the Red River Basin to municipal and 
industrial water supply if the non-federal interest has already 
contracted for a share of municipal and industrial water supply 
on the same reservoir.

Sec. 3009. Point Judith Harbor of Refuge, Rhode Island

    Section 3009 modifies the River and Harbor Act of 1890 (26 
Stat. 426, chapter 907) which was modified by the River and 
Harbor Act of 1910 (36 Stat., 632 chapter 382) to add shore 
protection and erosion control as additional project purposes.

                    TITLE IV--WATER RESOURCE STUDIES

Sec. 4001. Purpose

    Sec. 4001 describes the purposes of Title IV, which include 
providing authority to initiate new studies of water resource 
issues.

Sec. 4002. Initiation of new water resources studies

    Section 4002 establishes a process for initiating new 
studies, at the request of a non-Federal interest, related to 
flood risk and storm damage reduction, navigation, and 
ecosystem restoration. To initiate a new study, the Corps must 
submit a request to Congress certifying that the project is 
likely to have a Federal interest, addresses a high-priority 
water resources issue, and can be carried out in three years 
for a maximum federal cost of $3 million. The Corps may proceed 
with the study when Congress appropriates funding for the 
project requested.

Sec. 4003. Applicability

    Section 4003 clarifies that nothing in this title 
authorizes the construction of a new project. Additional 
Congressional authority is needed to initiate construction of a 
project for which a study was conducted under this title.

              TITLE V--REGIONAL AND NON-PROJECT PROVISIONS

Sec. 5001. Purpose

    Section 5001 describes the purposes of this title, which 
includes authorization of regional and multistate initiatives 
to address water resource needs and other non-project 
provisions.

Sec. 5002. Northeast Coastal Region ecosystem restoration

    Section 5002 directs the Secretary to plan, design, and 
construct projects for aquatic ecosystem restoration within the 
coastal waters of the Northeastern United States from Virginia 
to Maine, including associated bays, estuaries, and critical 
riverine areas. The Secretary, in coordination with the 
Administrator of EPA, the heads of other appropriate Federal 
agencies, the Governors of the coastal States from Virginia to 
Maine, nonprofit organizations, and other interested parties, 
shall develop a general coastal management plan for aquatic 
ecosystem restoration within the coastal waters of the 
Northeastern United States. The Secretary is authorized to 
carry out aquatic ecosystem restoration projects pursuant to 
the general coastal management plan. Subsection (d) authorizes 
an annual appropriation of $25,000,000 to carry out this 
section, including the completion of the general coastal 
management plan. Not more than $10,000,000 in Federal funds may 
be allocated under this section for any single eligible 
project.

Sec. 5003. Chesapeake Bay Environmental Restoration and Protection 
        Program

    Sec. 5003 reauthorizes the Chesapeake Bay Environmental 
Restoration Program, which was originally authorized in Section 
510 of the Water Resources Development Act of 1996.
    The program has historically excluded the headwater states 
of the Chesapeake Bay and was limited to Maryland, Pennsylvania 
and Virginia. The modifications made in Section 5003 
incorporate the regions within the Chesapeake Bay basin in 
Maryland, Pennsylvania, Virginia, New York, West Virginia, 
Delaware and the District of Columbia. This section also 
requires the Corps in cooperation with state and local 
officials to develop a ``comprehensive Chesapeake Bay 
restoration plan'' to assure that the restoration projects 
executed in the states across the basin occur where they are 
most needed and will achieve maximum benefit and to implement 
projects in accordance with this plan. Sec. 5003 modifies the 
list of eligible projects, including removing wastewater 
treatment and water supply facilities from the eligible 
projects list.
    This section provides that projects carried out on federal 
lands shall be carried out at the expense of the federal agency 
who owns the land, and not at the Corps' expense, even though 
the Corps may be charged with doing the restoration work. These 
federal agencies may accept funds contributed by non-federal 
entities to do this work. This section also requires 
cooperation between the Corps and the Environmental Protection 
Agency, the National Oceanic and Atmospheric Administration 
(i.e. Commerce Dept.), the U.S. Fish and Wildlife Service (i.e. 
Interior Dept.), and state and local authorities.
    This section also prescribes that that the Corps, to the 
maximum extent practicable, must pursue at least one project in 
each of the five Chesapeake Bay basin states, and DC.

Sec. 5004. Rio Grande environmental management program, Colorado, New 
        Mexico, Texas

    Section 5004 modifies section 5056(f) of WRDA 2007 (121 
Stat. 1213) to authorize appropriations for this program 
through FY 2024. The section also authorizes interagency 
agreements with the International Boundary and Water 
Commission.

Sec. 5005. Lower Columbia River and Tillamook Bay ecosystem 
        restoration, Oregon and Washington

    Section 5005 modifies section 536(g) of the WRDA of 2000 
(114 Stat. 2662) to increase the authorization of 
appropriations for this authority to $75,000,000.

Sec. 5006. Arkansas River, Arkansas and Oklahoma

    Section 5006 authorizes the Secretary to establish a 
McClellan-Kerr Arkansas River Navigation System Advisory 
Committee (Committee). The Committee will serve in an advisory 
capacity only and duties include providing information and 
recommendations to the Corps relating to the efficiency, 
reliability, and availability of the operations of the 
McClellan-Kerr Arkansas River navigation system.

Sec. 5007. Aquatic invasive species prevention and management; Columbia 
        River Basin

    Section 5007 allows the Secretary to establish a program to 
prevent and manage aquatic invasive species in the Columbia 
River Basin in the States of Idaho, Montana, Oregon, and 
Washington. The Secretary shall 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 into 
reservoirs operated and maintained by the Secretary.
    The section also authorizes the Secretary to conduct 
monitoring and contingency planning. These activities shall 
include carrying out risk assessments of each major public and 
private water resources facility in the Columbia River Basin; 
establishing an aquatic invasive species monitoring program in 
the Columbia River Basin; establishing a Columbia River Basin 
watershed wide plan for expedited response to an infestation of 
aquatic invasive species; and monitoring water quality, 
including sediment cores and fish tissue samples, at facilities 
owned or managed by the Secretary in the Columbia River Basin.
    The section also requires consultation and coordination 
with States in the basin, Tribes, and Federal agencies.

Sec. 5008. Upper Missouri Basin flood and drought monitoring

    In recognition of the drought and flood cycles of the Upper 
Missouri River Basin, Section 5008 authorizes 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, to establish a program to provide for soil 
moisture and snowpack monitoring in the Upper Missouri River 
Basin. The goal of the monitoring is to help 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''; restore and 
maintaining existing mid- and high-elevation snowpack 
monitoring sites operated under the SNOTEL program of the 
Natural Resources Conservation Service; and operate 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.

Sec. 5009. Northern Rockies headwaters extreme weather mitigation

    Section 5009 authorizes the Secretary to establish a 
program to mitigate the impacts of extreme weather events, such 
as 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 
by carrying out river, stream, and floodplain protection and 
restoration projects.

Sec. 5010. Aquatic nuisance species prevention, Great Lakes and 
        Mississippi River Basin

    Section 5010 authorizes the Secretary 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 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. The Committee notes that 
the emergency measures authorized by this section do not 
include permanent hydrologic separation of the Great Lakes 
Basin from the Mississippi River Basin, which are being 
separately evaluated under the Great Lakes and Mississippi 
River Interbasin Study (GLMRIS) pursuant to Section 3061(d) of 
Water Resources Development Act of 2007 and should continue to 
be evaluated under that authority. The Secretary is required to 
report to 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 section.

                         TITLE VI--LEVEE SAFETY

    Title VI implements the recommendations of the National 
Levee Safety Committee and related levee safety provisions.

Sec. 6001. Short title

    Section 6001 states that this title may be cited as the 
National Levee Safety Program Act.

Sec. 6002. Findings; Purposes

    Section 6002 establishes findings related to levee safety 
and provides the purposes of the National Levee Safety Program 
Act.

Sec. 6003. Definitions

    Section 6003 provides definitions used in the National 
Levee Safety Program Act.

Sec. 6004. National levee safety program

    Section 6004 establishes a National Levee Safety Program to 
promote improved levee safety practices at the local, State and 
Federal levels and provide funding for states to establish 
participating levee safety programs. This section directs the 
Secretary to appoint an Administrator and staff of the National 
Levee Safety Program and carry out the following activities to 
support the National Levee Safety Program----
     Develop voluntary, comprehensive national levee 
safety guidelines.
     Develop a hazard potential classification program 
for use under the national levee safety program.
     Establish, in coordination with the National Levee 
Safety Advisory Board (Board), a national levee safety 
technical assistance and training program to provide technical 
assistance and support to state and local levee safety efforts.
     Establish, in coordination with the Administrator 
of the Federal Emergency Management Agency (FEMA) and the 
Board, a national public education and awareness campaign 
relating to the national levee safety program.
     Evaluate opportunities, in coordination with the 
Board, to coordinate, public safety, floodplain management, and 
environmental protection activities relating to levees.
     Carry out a one-time inventory and inspection of 
levees identified in the national levee safety database.
     Issue, in coordination with the Board, guidelines 
that establish minimum components for recognition as a 
participation State or tribal levee safety program.
     Establish a grant program to assist States and 
Indian tribes in establishing participating programs, 
conducting levee safety activities and carrying out this Act.
     Establish a program to provide assistance to non-
Federal entities for the rehabilitation and repair of levees. 
Eligible projects include any activity to rehabilitate a levee 
that will maximize overall risk reduction. This may include 
relocation of structures on or near a levee that compromise the 
levee's integrity. Routine operation and maintenance activities 
are not eligible for funding.

Sec. 6005. National levee safety advisory board

    Section 6005 requires the Secretary, in coordination with 
the Administrator of FEMA to establish a National Levee Safety 
Advisory Board that will advise the Secretary and Congress 
regarding consistent approaches to levee safety, monitor the 
safety of levees in the U.S., and assess the effectiveness of 
the National Levee Safety Program.
    The Board will consist of 14 voting members, including 
eight representatives of State levee safety agencies (1 from 
each of the Civil Works Divisions of the Corps), two 
representatives of the private sector, two representatives of 
local and regional government agencies with expertise in levee 
safety, and two representatives if Indian tribes with expertise 
in levee safety. This section includes criteria for selection 
of members of the Board, establishes terms of service, and 
describes other related procedures.
    Section 6005 also establishes four voluntary Standing 
Committees to advise the Board regarding the national levee 
safety program. The Standing Committees include Participating 
Programs, Technical Issues, Public Education and Awareness, and 
Safety and Environment.
    Section 6005 directs the Board to coordinate with the 
Federal Interagency Floodplain Management Task Force.
    The Federal Advisory Committee Act does not apply to the 
Board or its Standing Committees.

Sec. 6006. Inventory and inspection of levees

    Section 6006 clarifies that the Secretary shall accept for 
inclusion in the National Levee Safety Database information 
provided by States, Indian tribes, Federal agencies, and other 
entities.

Sec. 6007. Reports

    Section 6007 requires the Secretary to submit multiple 
reports to Congress, including----
         An annual report on the status of the nation's 
        levees
         A report on establishing a joint national dam 
        and levee safety program
         A report identifying and addressing legal 
        liability associated with levee engineering projects
    This section also requires the Comptroller General to 
submit a report on opportunities for alignment of Federal 
programs to promote shared responsibility for levee safety, 
better align the national levee safety program and other 
Federal flood risk management programs, and promoting levee 
safety through other Federal programs providing assistance to 
State and local governments.

Sec. 6008. Effect of title

    Section 6008 clarifies that nothing in this title 
establishes any liability of the United States or any officer 
or employee of the United States for any damages caused by any 
action or failure to act nor relieves any owner or operator of 
a levee of any legal duty, obligation, or liability incident to 
the ownership or operation of the levee.

Sec. 6009. Authorization of appropriations

    Section 6009 authorizes appropriations to carry out this 
title, including----
         $5 million for each of fiscal years 2014-2023 
        for administration and staff
         $5 million for each fiscal years 2014-2018, $7 
        million for each of 2019-2020, and $10 million for each 
        of 2021-2023 for technical programs, including the 
        development of levee safety guidelines, publications, 
        training and technical assistance
         $3 million for each of fiscal years 2014-2023 
        for public involvement and education
         $30 million for each of fiscal years 2014-2018 
        for levee inventory and inspection under Section 9004 
        of the Water Resources Development Act of 2007
         $300 million total for fiscal years 2014-2023 
        for State and tribal levee safety programs
         $300 million total for fiscal years 2014-2023 
        for levee rehabilitation assistance

                      TITLE VII--INLAND WATERWAYS

    Title VII implement reforms to the Inland Waterways system 
to improve project delivery and lower costs, including 
requiring the use of risk-based cost estimates, promoting 
increased coordination between the Corps and the Inland 
Waterways User Board, and improving project management.

Sec. 7001. Purposes

    Section 7001 provides the purposes of the Inland Waterways 
title.

Sec. 7002. Definitions

    Section 7002 provides definitions that are used in the 
Inland Waterways title.

Sec. 7003. Project delivery process reforms

    Section 7003 establishes project delivery reforms for 
inland waterways projects, including requiring:
         Training and certification for project 
        managers;
         Only certified project managers will be 
        assigned to inland waterways projects;
         Development of risk based cost estimates that 
        have confidence levels of 80 percent.
    This section also authorizes one or more pilot projects to 
evaluate processes or procedures for study, design, or 
construction of qualifying projects.
    Section 7003 makes a number of reforms to the Inland 
Waterways User Board to increase the role of the Board in 
project decision-making and to ensure improved communication 
between the Corps and the Board. Section 7003:
         Revises the duties of the Inland Waterways 
        Users Board and requires the Board provide advice and 
        recommendations on Corps budget, pending Chief's 
        reports, and increases in funding to existing 
        authorizations;
         Authorizes the Inland Waterways Users Board to 
        appoint a representative to project delivery teams;
         Requires the Secretary to communicate at least 
        quarterly to the Users Board about status of study, 
        design and construction of all commercial navigation 
        features or components of the inland waterways;
         Requires development of a capital investment 
        program within a year that lays out a 20 year program 
        for capital investment in the inland waterways system.

Sec. 7004. Major rehabilitation standards

    Section 7004 directs the Secretary to develop a methodology 
for classifying major rehabilitation projects.

Sec. 7005. Inland waterways system revenues

    Section 7005 highlights the lack of funding necessary to 
invest in critical inland waterways projects and declares that 
it is the Sense of Congress that existing revenue sources for 
inland waterways construction and rehabilitation are 
insufficient and should be addressed.

Sec. 7006. Efficiency of revenue collection

    Section 7006 directs the Comptroller General to prepare a 
report on the efficiency of collections of the fuel tax for the 
Inland Waterways Trust Fund, including:
           Evaluation of whether current collection of 
        the fuel tax results in full compliance with the law;
           Whether alternative collection methods would 
        result in increased revenues in the Inland Waterways 
        Trust Fund.

                     TITLE VIII--HARBOR MAINTENANCE

    Title VIII makes a number of reforms to the Harbor 
Maintenance Trust Fund (HMTF) to increase use of the Fund for 
Operation and Maintenance (O&M) for navigation channels and to 
provide equity for ports nation-wide.
    The U.S. Army Corps operates and/or maintains 13,000 miles 
of commercial deep draft ship channels and 12,000 miles of 
commercial inland waterways channels, which serve 41 states and 
transport much of the cargo moved by waterways.
    In 1986, Congress enacted the Harbor Maintenance Tax to 
fund operations and maintenance (O&M) costs at U.S. coastal and 
Great Lakes harbors. The revenues are deposited into the Harbor 
Maintenance Trust Fund (HMTF) from which Congress appropriates 
funds for dredging harbors to their authorized depths and 
widths. The tax is levied on the value of cargo imported 
through coastal or Great Lakes ports.
    At the end of Fiscal Year 2012, the HMTF received $1.587 
billion in receipts and collections. The budget for FY 2013 
proposed $848 million in appropriations for O&M at the nation's 
ports. The balance in the Trust Fund at the end of FY 2012 was 
$6.95 billion.
    Despite a large surplus in the HMTF, the busiest U.S. 
harbors are presently under-maintained. The Corps estimated in 
2010 that full channel dimensions at the nation's busiest 59 
ports were available less than 35% of the time. This highlights 
the significant need for increased investment in port 
maintenance and the need to ensure revenues collected for 
harbor maintenance are utilized for their intended purpose.
    This title establishes a point of order against any bill 
that does not expend the full amount collected in the HMTF for 
that fiscal year. It also establishes a point of order against 
a bill that reduces funding for other Corps programs. Together, 
these provisions ensure that all HMTF revenues are expended 
every year for port maintenance and protect other Corps 
programs from funding cuts to accommodate increases for port 
maintenance.

Sec. 8001. Short title

    Section 8001 provides that Title VIII may be cited as the 
Harbor Maintenance Trust Fund Act of 2013.

Sec. 8002. Purposes

    Section 8002 describes the purposes of this title, which 
include ensuring that revenues collected in the HMTF are used 
for their intended purpose and to increase investment in the 
operation and maintenance of the nation's ports.

Sec. 8003. Funding for harbor maintenance programs

    Section 8003 provides a guarantee that the expenditures 
from the HMTF will equal receipts in each fiscal year. No funds 
may be appropriated for harbor maintenance unless the total 
budget resources made available in a fiscal year equal to the 
level of receipts plus interest credited to the HMTF for that 
fiscal year.

Sec. 8004. Harbor Maintenance Trust Fund prioritization

    Section 8004 amends the original Harbor Maintenance Trust 
Fund authorization in WRDA 1986 to allow the use of trust fund 
revenues to maintain Federal channels to 50 foot depths. 
Currently, federal O&M is limited to 45 feet. However, 
additional O&M is necessary to accommodate larger vessels with 
deeper drafts.
    This section also prioritizes future expenditures from the 
Harbor Maintenance Trust Fund. The prioritization and expanded 
use provisions are included as part of a package of HMTF 
reforms, which include increased expenditures from the Trust 
Fund. As expenditures are increased under Section 8003, this 
additional prioritization is intended to ensure that any 
additional funds first address ports that are a priority for 
commerce and ports that have received minimal investment in 
previous years and to ensure that additional funds are 
distributed in an equitable manner.
    When full expenditure of HMTF receipts is achieved, 
priority is given to high-use deep draft ports. This term 
identifies those coastal navigation projects that annually move 
10 million tons or more of cargo and are maintained at a depth 
of 14 feet or greater. A set-aside is also included for 
underserved projects, which haven't received maintenance 
funding in the previous five fiscal years and for which 
significant State or local investment has been made in 
infrastructure served by the navigation channel.
    Section 8004 also authorizes limited expanded uses for 
``donor states'', which are states that contribute 
significantly more to the HMTF than they receive in Federal 
operation and maintenance (O&M) funding. Expenditures from the 
HMTF are authorized in these states for two additional 
activities--dredging of berths that are adjacent to channels 
currently at their authorized width and depth and contaminated 
sediment disposal. HMTF revenues can only be used for these 
additional activities after all traditional operation and 
maintenance needs in a state are met.

Sec. 8005. Civil works program of the Corps of Engineers

    Section 8005 establishes a point of order that can only be 
waived by a 3/5 majority of the Senate, against any bill, joint 
resolution, amendment, motion, or conference report that would 
result in amounts available to carry out all programs, 
projects, and activities of the civil works program of the 
Corps, except harbor maintenance programs, less than the 
amounts made available in the previous fiscal year. Exceptions 
are made for reductions that apply to all discretionary funds 
and programs of the Federal government and that apply in the 
same manner to the civil works program. This provision is 
intended to ensure required increases in expenditures for 
harbor maintenance do not result in a commensurate decrease for 
other important Corps programs.

                          TITLE IX--DAM SAFETY

    In 1972, after several prominent dam failures, Congress 
directed the Secretary of the Army to undertake a national 
program on the inspection of dams (Public Law 92-367). The 
National Dam Inspection Program, administered by the U.S. Army 
Corps of Engineers, provided for a nationwide inspection and 
inventory of dams. WRDA 1986 (P.L. 99-662) expanded on the 1972 
legislation and authorized several new activities, including 
establishment of a National Dam Safety Review Board, 
authorization of assistance to state dam safety programs, 
authorization to maintain and update the aforementioned 
inventory through the National Inventory of Dams (based on the 
previous inspections), and authorization of dam safety 
research.
    The Water Resources Development Act of 1996 (Public Law 
104-303) amended that Act to establish the National Dam Safety 
Program, led by the Federal Emergency Management Agency, as a 
partnership of the States, Federal agencies and other 
stakeholders to encourage individual and community 
responsibility for dam safety. Previously there had been no 
comprehensive national effort devoted to non-federal dam 
safety. The amended Act is cited as the National Dam Safety 
Program Act.
    The Act includes:
          1. a National Dam Inventory to provide to the public 
        periodically updated information on the inventory of 
        dams in the United States;
          2. an Interagency Committee on Dam Safety to 
        encourage the establishment and maintenance of 
        effective Federal and State programs, policies and 
        guidelines intended to enhance dam safety;
          3. a National Dam Safety Program, including a 
        strategic plan, a National Dam Safety Review Board and 
        grant assistance to the States to provide vital support 
        for the improvement of the State dam safety programs 
        that regulate most of the 84,130 dams in the United 
        States;
          4. a dam safety research effort for technical and 
        archival research; and
          5. dam safety training for State dam safety staff and 
        inspectors.
    The Dam Safety and Security Act of 2002 (Public Law 107-
310), signed into law on December 2, 2002, reauthorized the Act 
for 4 years and added enhancements designed to safeguard dams 
against terrorist attacks.
    The Dam Safety Act of 2006 (Public Law 109-460), signed 
into law on December 22, 2006. reauthorized the Act through 
2011 and required that supported state programs to have 
legislation providing for periodic safety evaluations of 
relevant dams, and also required the Secretary of the Army to 
update the National Inventory of Dams, which was previously 
optional.
    The Dam Safety Act of 2013 would reauthorize the National 
Dam Safety Program through 2018 and increase public safety by 
safeguarding dams nationwide. The legislation would provide 
support for state dam safety programs, training, research and 
public outreach and awareness of dam safety hazards.
    The Committee is concerned that the Federal Emergency 
Management Agency is not consistently meeting its requirements 
under the National Dam Safety Program Act to submit biennial 
reports to Congress on program status, Federal and State 
progress, and recommendations for legislative or other action.

Sec. 9001. Short title

    This section provides that this Act may be cited as the 
``Dam Safety Act of 2013''.

Sec. 9002. Purpose

    The purpose of the Dam Safety Act of 2013 is to reduce the 
risks to life and property from dam failure in the United 
States through the reauthorization of an effective national dam 
safety program that brings together the expertise and resources 
of the federal and non-federal communities in achieving 
national dam safety hazard reduction.

Sec. 9003. Administrator

    Section 9003 replaces the term ``Director'' with 
``Administrator'' to reflect the updated title for the head of 
the Federal Emergency Management Agency.

Sec. 9004. Inspection of dams

    When requested by a state dam safety agency, federal 
agencies are currently required to provide information on the 
construction, operation, and maintenance of a dam whose failure 
would affect that state. Section 9004 additionally requires 
that federal agencies provide information on the condition and 
provisions for emergency operations, as requested.

Sec. 9005. National Dam Safety Program

    Section 9005 updates the current public outreach objective 
for the National Dam Safety Program from ``develop and 
encourage public awareness projects to increase public 
acceptance and support of State dam safety programs'' to 
``develop and implement a comprehensive dam safety hazard 
education and public awareness program to assist the public in 
preparing for, mitigating, responding to, and recovering from 
dam incidents.''
    The FEMA Administrator is authorized to invite 
representatives from nongovernmental organizations to be 
nonvoting members of the Board.

Sec. 9006. Public awareness and outreach for dam safety

    Under current law, FEMA seeks to encourage states to 
implement individual public awareness and outreach programs. 
However, state programs generally have inadequate funding to 
carry out the inspections and other critical work they do to 
ensure the safety of dams. Section 9006 establishes a national 
public awareness program in consultation with stakeholders in 
order to more efficiently carry out this important outreach 
function.

Sec. 9007. Authorization of appropriations

    Section 9007 authorizes appropriations for activities in 
the National Dam Safety Program Act. The National Dam Safety 
Program, including the state assistance grant program, the 
Interagency Committee on Dam Safety, and reports to Congress 
are together authorized at $9,200,000 each year from FY 2014 
through FY 2018. Starting in FY 2014, funding allocated to a 
state may not exceed the amount of funds committed by the state 
to implement dam safety activities. The National Inventory of 
Dams is authorized at $500,000 each year for FY 2016 through FY 
2018. Funding is authorized at $1,000,000 each year for FY 2014 
through 2018 to meet the public outreach objective, as updated 
in Section 9006 of this Act. Research activities are authorized 
at $1,450,000 for each year from FY 2014 through FY 2018. Dam 
safety training is authorized at $750,000 for each year from FY 
2014 through FY 2018. Funding is authorized at $1,000,000 for 
each year from FY 2014 through FY 2018 for FEMA staff.

              TITLE X--INNOVATIVE FINANCING PILOT PROJECTS

    Title X establishes a five-year pilot program, known as the 
Water Infrastructure Finance and Innovation Act (WIFIA) 
program, to allow the Corps of Engineers and the Environmental 
Protection Agency to provide loans and loan guarantees for 
flood control, water supply, and wastewater infrastructure 
projects. This program, based on the successful Transportation 
Infrastructure Finance and Innovation Act (TIFIA) program 
within the Department of Transportation, would support local 
efforts to leverage funds for water resources projects and help 
speed construction of local projects.
    Numerous studies have highlighted the need to increase 
investment in the nation's water infrastructure. A 2011 report 
by the American Society of Civil Engineers (ASCE) found ``if 
current trends persist, the investment required [for wastewater 
and drinking water infrastructure] will amount to $126 billion 
by 2020, and the anticipated capital funding gap will be $84 
billion . . . by 2040, the needs for capital investment will 
amount to $195 billion and the funding gap will have escalated 
to $144 billion, unless strategies to address the gap are 
implemented . . .'' In addition, ASCE's recently-released 
infrastructure report card rated the nation's dams a ``D'' and 
levees a ``D-''.
    The WIFIA program is designed to assist a wide array of 
water resources infrastructure projects with their own revenue 
streams, which can attract substantial private capital with a 
limited Federal investment. This program offers the sponsors of 
these water infrastructure projects a new tool to leverage 
limited Federal resources, stimulate additional investment in 
our Nation's water resources infrastructure, and encourage 
greater private sector participation in meeting our water 
infrastructure needs.

Section 10001. Short Title

    This section gives the name for this title of the Water 
Resources Development Act of 2013 as the ``Water Infrastructure 
Finance and Innovation Act of 2013.''

Section 10002. Purposes

    Section 10002 describes the purpose of the WIFIA program, 
which is to leverage Federal funds by attracting substantial 
private or other non-Federal investment to promote increased 
development of critical water resources infrastructure. The 
program provides this support at favorable terms to projects 
that are capable of generating revenue streams through user 
fees or other dedicated funding sources to assist communities 
facing significant water quality, drinking water, or flood risk 
challenges.

Section 10003. Definitions

    Section 10003 establishes definitions for terms used under 
this title.

Section 10004. Authority to provide assistance

    Section 10004 establishes a pilot program for the Secretary 
of the Army and the Administrator of the Environmental 
Protection Agency, respectively, to provide financial 
assistance to water infrastructure projects under their 
jurisdictions. The projects selected under this program should 
represent a diversity of project types and geographical 
locations.

Section 10005. Applications

    Section 10005 lays out the application process for the 
WIFIA program, which shall be submitted to either the Secretary 
or the Administrator, as applicable, and includes a provision 
specifying the process under which an entity is applying for 
financial assistance for a group of projects.

Section 10006. Eligible entities

    Section 10006 establishes the entities eligible to receive 
assistance under this program, which include a corporation, a 
partnership, a joint venture, a trust, a federal, state, or 
local government entity, agency, or instrumentality, a tribal 
government or consortium of tribal governments, or a State 
infrastructure financing authority.

Section 10007. Projects eligible for assistance

    This section establishes what types of projects are 
eligible for assistance under this program. This includes 
projects for flood control or hurricane and storm damage 
reduction, projects eligible for assistance from the Clean 
Water State Revolving Fund, projects eligible for assistance 
from the Drinking Water State Revolving Fund, a project for 
increased energy efficiency of a public water system or 
publicly owned treatment works, a project for repair, a project 
to repair, rehabilitate, or replace a treatment works, 
community water system, or aging water distribution system, a 
brackish or sea water desalination project, a managed aquifer 
recharge project, or a water recycling project, acquisition of 
real property, including acquisition of property necessary to 
mitigate environmental impacts of current or future water 
resources infrastructure projects.
    Combinations of eligible projects are also eligible to 
receive assistance. This will allow smaller projects to receive 
assistance and can increase efficiencies in providing loan 
assistance to existing infrastructure programs. Paragraph (8) 
specifically allows loans to state infrastructure financing 
authorities, such as State Revolving Funds under the Clean 
Water Act and Safe Drinking Water Act, and paragraph (9) allows 
other entities to combine projects.

Section 10008. Activities eligible for assistance

    Section 10008 establishes which activities related to an 
eligible project are eligible to be funded under this program.

Section 10009. Determination of eligibility and project selection

    Section 10009 establishes the criteria that applicants must 
meet in order to receive credit assistance under this program. 
This includes creditworthiness, which will require that each 
applicant provides a preliminary rating opinion letter from a 
credit rating agency indicating that the senior obligations of 
the project have the potential to achieve an investment-grade 
rating. It also directs the Administrator to develop a credit 
evaluation process to evaluate an application from a State 
infrastructure financing authority for a group of eligible 
projects. In implementing credit evaluation procedures for 
projects funded under this title, the Secretary and the 
Administrator are encouraged to develop procedures that take 
into account the type of applicant and the projects that will 
be funded. An eligible project must also demonstrate it will 
generate economic and public benefits such as improving water 
quality and reducing flood risk.
    Paragraph (5) of this section prohibits the use of certain 
tax-exempt bonds to finance or refinance a project receiving 
Federal credit assistance under this title.
    This section also sets a minimum project cost of 
$20,000,000 and requires that each project must have the 
potential to be self-supporting from user charges or other non-
Federal dedicated funding sources. The Secretary or the 
Administrator, as applicable, are also directed to select among 
potential projects based on various criteria, including the 
project's regional or national significance, its potential 
economic benefits, the likelihood that it will proceed at an 
earlier date because of assistance provided under this program, 
and other factors.

Section 10010 Secured loans

    Section 10010 provides the authority for the Secretary or 
the Administrator, as applicable, to enter into agreements to 
make secured loans under this program to finance eligible 
projects. This section also requires that a secured loan may 
not be executed under this program until the senior obligations 
of the project receive an investment-grade rating.
    This section sets the maximum share of project costs to 
receive assistance under this section to be an amount equal to 
no more than 49 percent of eligible project costs. This section 
also establishes the repayment requirements and other terms on 
the credit assistance, such as the interest rate and maximum 
federal assistance to a project receiving credit assistance 
under this program.
    This section also provides the authority for the Secretary 
or the Administrator, as applicable, to make loan guarantees in 
lieu of making a secured loan if the budgetary cost of such 
loan guarantee is substantially the same as the secured loan.

Section 10011. Program administration

    Section 10011 establishes the requirements and procedures 
for the Secretary and the Administrator, as applicable, to 
service credit assistance made under this program, including 
the collection of fees and the authority to retain outside 
expertise to assist in carrying out the underwriting and 
servicing requirements of this program.

Section 10012. State and local permits

    Section 10012 states that receiving financial assistance 
under this program does not relieve a recipient of any State or 
local requirements.

Section 10013. Regulations

    Section 10013 provides the authority for the Secretary and 
the Administrator to promulgate regulations, as appropriate, to 
carry out this program.

Section 10014. Funding

    Section 10014 authorizes $50,000,000 per year to both the 
Secretary and the Administrator, to provide assistance to 
eligible projects within their jurisdiction, for each of fiscal 
years 2014 through 2018. It also provides that up to $2,200,000 
of the funds provided to both the Secretary and the 
Administrator may be used for the administrative expenses of 
the program for each of those fiscal years.

Section 10015. Report to Congress

    In order to evaluate the effectiveness of this program, 
section 10015 requires the Secretary or the Administrator, as 
applicable, to provide a report to the Committee on Environment 
and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives not later than two years after the date of 
enactment of this Act, and every two years thereafter, 
summarizing a number of details about the performance and 
benefits of this program.

                       TITLE XI--EXTREME WEATHER

Sec. 11001. Study on risk reduction

    Section 11001 requires the National Academy of Sciences to 
undertake a comprehensive evaluation of measures to respond to 
extreme weather and to mitigate risk associated with these 
disasters. The Academy must evaluate options to reduce risk 
from extreme weather events, including evaluating efforts in 
the U.S. and worldwide that have been implemented to address 
risk, identifying necessary infrastructure improvements, and 
exploring potential funding sources for new infrastructure 
investment.

Sec. 11002. GAO study on management of flood, drought, and storm damage

    Section 11002 directs the Government Accountability Office 
to review the Corps' policies and practices related to water 
resources management in response to floods, storms, and 
droughts to ensure it is taking appropriate measures to prepare 
for and respond to these events.

Sec. 11003. Post-disaster watershed assessments

    Section 11003 authorizes the Corps to conduct post-disaster 
watershed assessments immediately following a disaster and 
implement flood control and ecosystem restoration projects 
identified in those assessments. This provision will ensure the 
Corps is better prepared for future extreme weather events by 
modernizing the approach used by the agency to respond to 
disasters such as flooding.

                          Legislative History

    In the 112th Congress, a discussion draft was released by 
Chairman Boxer, titled the ``Water Resources Development Act of 
2012''. On November 15, 2012, the Full Environment and Public 
Works Committee held a legislative hearing on the discussion 
draft.
    S. 601, the Water Resources Development Act of 2013, was 
introduced by Sen. Barbara Boxer and Sen. David Vitter on March 
18, 2013. The bill was received, read twice, and referred to 
the Committee on Environment and Public Works. On March 20, 
2013, the full Committee on Environment and Public Works met to 
consider the bill. A manager's amendment in the nature of a 
substitute was adopted by voice vote. Nine amendments were 
adopted en bloc by voice vote. The bill as amended was ordered 
reported favorably by a unanimous vote of 18-0.

                                Hearings

    Since the passage of the Water Resources Development Act of 
2007, the Committee has held multiple hearings on issues 
addressed in the Water Resources Development Act of 2013. These 
are listed below by Congress.

113th

     February 7, 2013, Full Committee Hearing entitled, 
``Oversight Hearing on Implementation of Corps of Engineers 
Water Resources Policies.''
     January 31, 2013, Full committee hearing entitled, 
``The Harbor Maintenance Trust Fund and the Need to Invest in 
the Nation's Ports.''

112th

     November 15, 2012, Full Committee Legislative 
Hearing on the Water Resources Development Act of 2012.
     September 20, 2012, Full Committee hearing 
entitled, ``Water Resources Development Act: Growing the 
Economy and Protecting Public Safety.''
     October 18, 2011, Full Committee hearing entitled, 
``A Review of the 2011 Floods and the Condition of the Nation's 
Flood Control Systems.''

111th

     November 17, 2010, Full Committee hearing 
entitled, ``Water Resources Development Act: Legislative and 
Policy Proposals to Benefit the Economy, Create Jobs, Protect 
Public Safety and Maintain America's Water Resources 
Infrastructure'' (Rescheduled from September 30th).
     May 6, 2010, Full Committee Hearing entitled, 
``Water Resources Development Act of 2010: Jobs and Economic 
Opportunities.''
     June 16, 2009, Full Committee hearing entitled, 
``New Orleans Hurricane and Flood Protection and Coastal 
Louisiana Restoration: Status and Progress.''

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 601 on March 20, 2013. A manager's amendment in the 
nature of a substitute was adopted by voice vote. Nine 
amendments were adopted en bloc by voice vote. The bill as 
amended was ordered reported favorably by a unanimous vote of 
18-0.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee notes that the 
Congressional Budget Office has found that S. 601 authorizes 
the ``Corps of Engineers to carry out watercraft inspections or 
other measures to prevent the spread of invasive species. 
Public and private entities would have to comply with 
requirements established by the Corps. Because the number of 
affected entities and the cost of compliance would probably be 
small, CBO expects that the costs of the mandates would fall 
below the annual thresholds established in UMRA for 
intergovernmental and private-sector mandates ($75 million and 
$150 million in 2013, respectively, adjusted annually for 
inflation).'' The Committee finds that S. 601 does not cause 
any adverse impact on the personal privacy of individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee noted that the Congressional 
Budget Office has found, ``S. 601 would impose 
intergovernmental and private-sector mandates, as defined in 
UMRA, by authorizing the Corps of Engineers to carry out 
watercraft inspections or other measures to prevent the spread 
of invasive species . . . Because the number of affected 
entities and the cost of compliance would probably be small, 
CBO expects that the costs of the mandates would fall below the 
annual thresholds established in UMRA for intergovernmental and 
private-sector mandates ($75 million and $150 million in 2013, 
respectively, adjusted annually for inflation).''

               Congressional Budget Office Cost Estimate

                                                    April 17, 2013.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works, U.S. Senate, 
        Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 601, the Water 
Resources Development Act of 2013. The legislative language for 
this version of S. 601 was provided to CBO on April 12, 2013.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Aurora 
Swanson.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 601--Water Resources Development Act of 2013

    Summary: S. 601 would authorize the Army Corps of Engineers 
(Corps) to construct water projects for mitigating storm 
damage, restoring ecosystems, and reducing erosion on inland 
and intracoastal waterways. The legislation also would 
authorize the agency to establish grant programs to assist 
local and state governments with levee safety and 
rehabilitation programs. Finally, S. 601 would authorize the 
Corps and the Environmental Protection Agency (EPA) to provide 
loans or loan guarantees to state and local governments and 
certain nongovernmental entities to complete water 
infrastructure projects.
    Assuming appropriation of the authorized and necessary 
amounts, including adjustments for anticipated increases in 
construction costs, CBO estimates that implementing S. 601 
would cost about $5.7 billion over the 2014-2018 period. 
Spending would continue from amounts authorized to be 
appropriated under the bill after 2018, and CBO estimates that 
such spending would total $6.5 billion over the 2019-2023 
period.
    Pay-as-you-go procedures do not apply because enacting the 
bill would not affect direct spending or revenues.
    S. 601 would impose intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
Public and private entities would be required to comply with 
regulations to prevent the spread of invasive species. Because 
the number of affected entities and the cost of compliance 
would probably be small, CBO expects that the costs of the 
mandates would fall below the annual thresholds established in 
UMRA for intergovernmental and private-sector mandates ($75 
million and $150 million in 2013, respectively, adjusted 
annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 601 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2014      2015      2016      2017      2018    2014-2018
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Title I--Water Resource Projects:
    Estimated Authorization Level..................       855       873       892       911       932      4,463
    Estimated Outlays..............................       342       606       747       848       867      3,410
Title II--Water Resources Policy Reforms:
    Estimated Authorization Level..................       261       263       266       272       278      1,341
    Estimated Outlays..............................       104       184       225       254       259      1,026
Title V--Regional and Nonproject Provisions:
    Estimated Authorization Level..................        79        80        82        43        44        327
    Estimated Outlays..............................        36        60        71        58        47        271
Title VI--Levee Safety:
    Authorization Level............................       103       103       103       103       103        515
    Estimated Outlays..............................        54        85        94       100       100        443
Title VIII--Harbor Maintenance:
    Estimated Authorization Level..................        50        50        50        50        50        250
    Estimated Outlays..............................        35        50        50        50        50        235
Title X--Innovative Financing Pilot Projects:
    Authorization Level............................       100       100       100       100       100        500
    Estimated Outlays..............................         2         3        10        10        15         40
Other Titles:
    Estimated Authorization Level..................        66        66        66        68        43        308
    Estimated Outlays..............................        35        56        62        66        51        269
    Total Changes:
        Estimated Authorization Level..............     1,514     1,535     1,559     1,546     1,549      7,704
        Estimated Outlays..........................       608     1,044     1,258     1,386     1,389     5,685
----------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.

    Basis of estimate: For this estimate, we assume that S. 601 
will be enacted in 2013 and that the necessary amounts will be 
appropriated for each fiscal year. Estimated outlays are based 
on information from the Corps, the Federal Emergency Management 
Agency (FEMA), and EPA, and on historical spending patterns for 
similar projects.

Spending subject to appropriation

    Title I--Water Resource Projects. CBO estimates that 
implementing title I would cost $3.4 billion over the 2014-2018 
period, assuming appropriation of the necessary amounts.
    Title I would authorize the Corps to construct water 
projects that are in the federal interest if it has completed a 
project report and has recommended to the Congress--prior to 
enactment of this legislation--that the project should receive 
funding for construction. According to information from the 
Corps, 27 projects meet this criteria. The four largest of 
those projects--the Mississippi Coastal Improvement Program, 
the American River Watershed Common Features Project in Natomas 
Basin, California, the Sabine Neches Waterway in Texas and 
Louisiana, and the Fargo-Moorhead Metro in Minnesota and North 
Dakota--have a total estimated cost of $5.6 billion, with the 
federal share totaling about $3.3 billion. CBO estimates that 
$1.3 billion of those costs would be incurred over the 2014-
2018 period. We estimate that construction costs for the other 
23 projects would total $1.2 billion over the next five years.
    Title I also would enable the Corps to increase the 
authorized construction cost of a project if it meets the 
criteria in S. 601, has already received an appropriation, and 
the Corps submits to the Congress details justifying the higher 
costs. Three projects meet the criteria under the bill for an 
increase in authorized construction costs, according to the 
Corps. The largest increase would be $2.1 billion for the 
Olmsted Lock and Dam in Illinois. CBO estimates that $0.9 
billion of that increase would be incurred over the 2014-2018 
period. We estimate that construction costs for the other two 
projects would total $71 million over the next five years. This 
authority would expire three years after the bill's enactment.
    Title II--Water Resources Policy Reforms. Title II would 
authorize the Corps to implement a pilot program--in 
coordination with state and local governments, other federal 
agencies, and interested parties--to stabilize riverbanks and 
reduce erosion on inland and intracoastal waterways in the 
United States. The bill also includes pilot programs through 
which the Corps would be authorized to contract with nonfederal 
partners to conduct feasibility studies; construct projects to 
manage risk from floods; reduce damage from storms; and improve 
navigation of the nation's harbors.
    Finally, title II would increase the amounts authorized to 
be appropriated for other activities performed by the Corps, 
including flood control, floodplain management, project 
modifications to improve the environment, ecosystem 
restoration, and assistance to states for water resource 
development.
    Based on information from the Corps about costs and the 
time required to complete similar projects, CBO estimates that 
implementing this title would cost about $1 billion over the 
2014-2018 period, assuming appropriation of the necessary 
amounts.
    Title V--Regional and Nonproject Provisions. Title V would 
authorize the Corps to establish regional partnerships with 
state and local governments, other federal agencies, and 
interested parties to address regional priorities for water 
resources, including restoring ecosystems, controlling invasive 
species, and mitigating impacts from floods and extreme 
weather. The bill also would authorize the Corps to conduct 
studies--in collaboration with nonfederal partners--to develop 
plans and designs and to construct projects that meet the water 
resource priorities in each region. Based on information from 
the Corps about water resource needs, CBO estimates that 
implementing this title would cost $271 million over the 2014-
2018 period, assuming appropriation of the necessary amounts.
    Title VI--Levee Safety. Title VI would direct the Corps--in 
consultation with FEMA--to develop a levee safety program, 
including a national database to classify flood risk at federal 
and nonfederal levees, levee safety guidelines, and a public 
education program focusing on communities vulnerable to 
flooding from levee failure. The agencies also would be 
directed to create an independent board to advise the Corps and 
the Congress on consistent approaches to levee safety and to 
report on the efficacy of the national levee safety program.
    The Corps also would be directed to provide technical 
assistance and training to state and tribal governments as they 
develop safety programs to reduce flood damage. Under the bill, 
the federal share of costs for those activities would be 
limited to 65 percent of total costs.
    Finally, title VI would authorize the Corps to establish 
grant programs to assist state and tribal governments to 
develop safety programs for levees and to provide funding 
assistance to nonfederal partners for rehabilitating levees.
    Based on information from the Corps and FEMA about the 
historical rate of spending for levee inspections and 
rehabilitation programs and assuming appropriation of the 
authorized amounts, CBO estimates that implementing title VI 
would cost $443 million over the 2014-2018 period.
    Title VIII--Harbor Maintenance. The bill would direct the 
Corps to prioritize navigation projects funded with 
appropriations from the Harbor Maintenance Trust Fund based on 
the need to maintain the authorized width and depth of those 
projects. The bill would make the federal government 
responsible for all operation and maintenance costs for harbors 
more than 45 feet deep but less than 50 feet deep. Under 
current law, such costs for all harbors that are more than 45 
feet deep are shared equally with nonfederal partners. Assuming 
appropriation of the necessary amounts, CBO estimates that 
those provisions would cost $235 million over the 2014-2018 
period. That estimate is based on information from the Corps 
about the number of harbors that are between 45 feet and 50 
feet in depth--or expected to be deepened to 45 feet to 50 feet 
in the next few years--and the incremental costs to the federal 
government to provide 100 percent of the operation and 
maintenance costs.
    S. 601 also would establish new procedural points of order 
for considering legislation in either house of the Congress 
aimed at ensuring that funds appropriated from the Harbor 
Maintenance Trust Fund (HMTF) each year are equal to the 
receipts plus the interest credited to the fund each year. Over 
the past five years, appropriations from the HMTF have averaged 
around $800 million a year--or about $700 million a year less 
than the revenues and interest credited to the fund. Because 
current law authorizes the appropriation of such sums as are 
necessary from the HMTF, this provision does not represent an 
increase in the amounts authorized to be appropriated.
    Title X--Innovative Financing Pilot Projects. This 
legislation would authorize the appropriation of $500 million 
over the 2014-2016 period for the Corps and EPA to provide 
loans or loan guarantees to state and local governments and 
certain nongovernmental entities to complete water 
infrastructure projects. Of the amounts authorized, up to $11 
million over the next five years would be available to support 
administrative costs incurred by those agencies to complete and 
service the loan agreements. The bill also would require that 
to be eligible for this support, a project must cost $20 
million or more and federal loan amounts must account for 49 
percent or less of the project's eligible costs. Also, under 
the bill, the sponsor of each project would be required to 
demonstrate that it has a financial outlook similar to those of 
bonds rated B- or better by credit rating companies, such as 
Standard and Poors and Moodys. Finally, states and other 
entities would not be permitted to issue tax-exempt bonds to 
raise additional funds to support the water infrastructure 
projects under this legislation.
    Under procedures established in the Federal Credit Reform 
Act, funds must be appropriated in advance to cover the 
estimated subsidy cost of loans and loan guarantees, measured 
on a present-value basis. Projects with at least a B- rating 
historically have a cumulative default risk of around 5 percent 
or less. Considering other features of the proposed loan 
program, such as a grace period on loan repayments until 
projects are completed and other optional repayment deferrals 
if projects cannot make timely loan repayments, CBO estimates 
that most of the loans and loan guarantees under the proposed 
program would have a subsidy rate between 3 percent and 11 
percent. The Department of Transportation currently operates a 
similar loan program for transportation infrastructure projects 
known as the Transportation Infrastructure Finance and 
Innovation Act (TIFIA) program. Direct loans under the TIFIA 
program have an estimated subsidy rate of about 10 percent.
    CBO expects that the proposed program would operate much 
like TIFIA and that the Corps and EPA would mostly offer direct 
federal loans. CBO estimates that demand for loans under this 
program would be relatively low because tax-exempt financing 
could not be used by states and other nongovernment entities to 
obtain at least 51 percent of each project's cost from 
nonfederal funds as required under S. 601. Based on historical 
spending rates and the anticipated demand for infrastructure 
loans under the terms of this bill, CBO estimates that 
implementing this pilot program would cost $40 million over the 
2014-2018 period.
    Other Titles. Most other costs would result from titles IV, 
IX, and XI. Based on information from the Corps and FEMA, and 
on historical spending patterns of similar programs, CBO 
estimates that implementing those titles would cost $269 
million over the 2014-2018 period.
     Title IV--Water Resource Studies. This title would 
authorize the Corps to conduct studies of projects aimed at 
reducing storm damage and flood risk, improving navigation, 
restoring ecosystems, and other related issues. Assuming 
appropriation of the authorized amounts, CBO estimates that 
implementing this title would cost $103 million over the 2014-
2018 period.
     Title IX--Dam Safety. This title would reauthorize 
the national dam safety program operated by FEMA. Under the 
bill, FEMA would also be directed to implement a public 
awareness and dam safety education program focusing on disaster 
preparedness. Assuming appropriation of the amounts 
specifically authorized in the bill, CBO estimates that 
implementing this title would cost $63 million over the 2014-
2018 period.
     Title XI--Extreme Weather. This title would 
authorize the Corps to conduct watershed assessments in 
disaster areas and to carry out water resources projects to 
restore water infrastructure and natural features, such as 
wetlands that help mitigate storm damages. Assuming 
appropriation of the authorized amounts, CBO estimates that 
implementing this title would cost $100 million over the 2014-
2018 period.
     Miscellaneous. Other costs would result from 
provisions that would make minor changes to specific projects 
and some process changes to Inland Waterways projects. Assuming 
appropriation of the necessary amounts, CBO estimates that 
those provisions would cost about $3 million over the 2014-2018 
period.
    Pay-As-You-Go considerations: None.
    Intergovernmental and private-sector impact:

Mandates

    S. 601 would impose intergovernmental and private-sector 
mandates, as defined in UMRA, by authorizing the Corps of 
Engineers to carry out watercraft inspections or other measures 
to prevent the spread of invasive species. Public and private 
entities would have to comply with requirements established by 
the Corps. Because the number of affected entities and the cost 
of compliance would probably be small, CBO expects that the 
costs of the mandates would fall below the annual thresholds 
established in UMRA for intergovernmental and private-sector 
mandates ($75 million and $150 million in 2013, respectively, 
adjusted annually for inflation).

Other Impacts

    Water resource projects and activities authorized in the 
bill would benefit state, local, and tribal governments. 
Governments that chose to participate in programs or applied 
for grants authorized by the bill could incur costs, but those 
costs would be incurred voluntarily as conditions of federal 
assistance.
    Previous CBO estimate: On April 9, 2013, CBO transmitted a 
cost estimate for S. 601, the Water Resources Development Act 
of 2013, as ordered reported by the Senate Committee on 
Environment and Public Works on March 20, 2013.
    The two versions of S. 601 are the same except for 
provisions in title X. In both versions of the bill, title X 
would authorize the appropriation of $500 million for the Corps 
and EPA to issue direct federal loans and loan guarantees to 
support water infrastructure projects. The April 12, 2013, 
version of the legislation, however, would preclude states and 
other entities from obtaining any project financing by issuing 
tax-exempt bonds. That change would have two budgetary 
consequences compared with the cost estimate that CBO prepared 
for the earlier version of the legislation. First, the staff of 
the Joint Committee on Taxation estimates that enacting title X 
of the April 12, 2013, version would have no impact on 
revenues. Second, CBO's estimate of discretionary spending 
under title X is lower than we estimated for the earlier 
version. Under the new version of the bill, CBO estimates that 
outlays for title X would be $220 million less over the 2015-
2018 period than under the earlier version because we expect 
the demand for federal credit to be lower without the option of 
using tax-exempt financing.
    Estimate prepared by: Federal Spending: Aurora Swanson, 
Susanne Mehlman, Sarah Puro, and Daniel Hoople; Impact on 
State, Local, and Tribal Governments: Melissa Merrell; Impact 
on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *

                WATER RESOURCES DEVELOPMENT ACT OF 1974

[42 U.S.C 1962d-16 PUBLIC LAW 93-251--MAR. 7, 1974]

SEC. 1962D-16. COMPREHENSIVE PLANS FOR DEVELOPMENT, UTILIZATION, AND 
                    CONSERVATION OF WATER AND RELATED RESOURCES

      (a) Federal State cooperation--
          (1) Comprehensive plans--The Secretary of the Army, 
        acting through the Chief of Engineers, is authorized to 
        cooperate with any State or other stakeholder working 
        with a State in the preparation of comprehensive plans 
        for the development,utilization, and conservation of 
        the water and related resources of drainage basins, 
        watersheds, or ecosystems located within the boundaries 
        of such State , including plans to comprehensively 
        address water resources challenges, and to submit to 
        Congress reports and recommendations with respect to 
        appropriate Federal participation in carrying out such 
        plans.
          (2) Technical assistance--
                  (A) In general.--At the request of a 
                governmental agency or non-Federal interest, 
                the Secretary may provide[, at Federal 
                expense,] technical assistance to such agency 
                or non-Federal interest in managing water 
                resources.

           *       *       *       *       *       *       *

      (b) Fees--
          (1) Establishment and collection--For the purpose of 
        recovering 50 percent of the total cost of providing 
        assistance pursuant to [subsection (a)(1)] subsection 
        (a), the Secretary of the Army is authorized to 
        establish appropriate fees, as determined by the 
        Secretary, and to collect such fees from States and 
        other non-Federal public bodies to whom assistance is 
        provided under [subsection (a)(1)] subsection (a).
          (2) Contributed funds.--The Secretary may accept and 
        expend funds in excess of the fees established under 
        paragraph (1) that are provided by a State or other 
        non-Federal public body for assistance under this 
        section.
          [(2)] (3) In-kind services.--The non-Federal 
        contribution for preparation of a plan subject to the 
        cost sharing program under this subsection may be made 
        by the provision of services, materials, supplies, or 
        other in-kind services necessary to prepare the plan.
          [(3)] (4) Deposit and use.--Fees collected under this 
        subsection shall be deposited into the account in the 
        Treasury of the United States entitled, "Contributions 
        and Advances, Rivers and Harbors, Corps of Engineers 
        (8862)" and shall be available until expended to carry 
        out this section.
      (c) Authorization of Appropriations.--
          (1) Federal and state cooperation.--There is 
        authorized to be appropriated not to exceed 
        [$10,000,000] $30,000,000 annually to carry out 
        subsection (a)(1), except that not more than 
        [$2,000,000]$5,000,000 in Federal funds shall be 
        expended in any one year in any one State.
          (2) Technical assistance.--There is authorized to be 
        appropriated [$5,000,000] $15,000,000 annually to carry 
        out subsection (a)(2), of which not more than 
        $2,000,000 annually may be used by the Secretary to 
        enter into cooperative agreements with nonprofit 
        organizations to provide assistance to rural and small 
        communities.

           *       *       *       *       *       *       *

                WATER RESOURCES DEVELOPMENT ACT OF 1976

[42 U.S.C 1962d-5f PUBLIC LAW 94-587--OCT. 22 1976]

           *       *       *       *       *       *       *

[SEC. 1962D-5F. BEACH NOURISHMENT

  [The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to provide periodic beach nourishment 
in the case of each water resources development project where 
such nourishment has been authorized for a limited period for 
such additional period as he determines necessary but in no 
event shall such additionalperiod extend beyond the fiftieth 
year which begins after the date of initiation of construction 
of such project.]

SEC. 156. BEACH NOURISHMENT.

  (a) In General.--The Secretary of the Army, acting through 
the Chief of Engineers, may provide periodic beach nourishment 
for each water resources development project for which that 
nourishment has been authorized for an additional period of 
time, as determined by the Secretary, subject to the condition 
that the additional period shall not exceed the later of--
          (1) 50 years after the date on which the construction 
        of the project is initiated; or
          (2) the date on which the last estimated periodic 
        nourishment for the project is to be carried out, as 
        recommended in the applicable report of the Chief of 
        Engineers.
  ``(b) Extension.--Before the end of the 50-year period 
referred to in subsection (a)(1), the Secretary of the Army, 
acting through the Chief of Engineers--
          (1) may, at the request of the non-Federal interest 
        and subject to the availability of appropriations, 
        carry out a review of a nourishment project carried out 
        under subsection (a) to evaluate the feasibility of 
        continuing Federal participation in the project for a 
        period not to exceed 15 years; and
          (2) shall submit to Congress any recommendations of 
        the Secretary relating to the review.

           *       *       *       *       *       *       *

                WATER RESOURCES DEVELOPMENT ACT OF 1986

[33 U.S.C. 2309a; PUBLIC LAW 110-114--NOV. 8, 2007]

           *       *       *       *       *       *       *

                         TITLE I--COST SHARING

SEC. 101. HARBORS.

      (a) Constructon.--
          (1) Payments during construction.-- * * *

           *       *       *       *       *       *       *

      (b) Operation and Maintenance.--
          (1) In general.--The Federal share of the cost of 
        operation and maintenance of each navigation project 
        for a harbor or inland harbor constructed by the 
        Secretary pursuant to this Act or any other law 
        approved after the date of the enactment of this Act 
        shall be 100 percent, except that in the case of a 
        deep-draft harbor, the non-Federal interests shall be 
        responsible for an amount equal to 50 percent of the 
        excess of the cost of the operation and maintenance of 
        such project over the cost which the Secertary 
        determines would be incurred for operation and 
        maintenance of such project if such project had a depth 
        of [45 feet] 50 feet.
          (2) Dredged material disposal facilities.--The 
        Federal share of the cost of constructing land-based 
        and aquatic dredged material disposal facilities that 
        are necessary for the disposal of dredged material 
        required for the operation and maintenance of a project 
        and for which a contract for construction has not been 
        awarded on or before the date of the enactment of this 
        paragraph shall be determined in accordance with 
        subsection (a). The Federal share of operating and 
        maintaining such facilities shall be determined in 
        accordance with paragraph (1).
          (3) Operation and maintenance activities defined.--
                  (A) Scope of operation and maintenance 
                activities.--Notwithstanding any other 
                provision of law (including regulations and 
                guidelines) and subject to subparagraph (B), 
                for purposes of this subsection, operation and 
                maintenance activities that are eligible for 
                the Federal cost share under paragraph (1) 
                shall include--
                          (i) the dredging of berths in a 
                        harbor that is accessible to a Federal 
                        channel, if the Federal channel has 
                        been constructed to a depth equal to 
                        the authorized depth of the channel; 
                        and
                          (ii) the dredging and disposal of 
                        legacy-contaminated sediments and 
                        sediments unsuitable for ocean disposal 
                        that--
                                  (I) are located in or affect 
                                the maintenance of Federal 
                                navigation channels; or
                                  (II) are located in berths 
                                that are accessible to Federal 
                                channels.
                  (B) Limitations.--
                          (i) In general.--For each fiscal 
                        year, subparagraph (A) shall only apply 
                        if all operation and maintenance 
                        activities that are eligible for the 
                        Federal cost share under paragraph (1) 
                        in a State described in clause (ii) 
                        have been funded.
                          (ii) State limitation.--For each 
                        fiscal year, the operation and 
                        maintenance activities described in 
                        subparagraph (A) may only be carried 
                        out in a State--
                                  (I) in which the total 
                                amounts collected pursuant to 
                                section 4461 of the Internal 
                                Revenue Code of 1986 comprise 
                                not less than 2.5 percent 
                                annually of the total funding 
                                of the Harbor Maintenance Trust 
                                Fund established under section 
                                9505 of the Internal Revenue 
                                Code of 1986; and
                                  (II) that received less than 
                                50 percent of the total amounts 
                                collected in that State 
                                pursuant to section 4461 of the 
                                Internal Revenue Code of 1986 
                                in the previous 3 fiscal years.
                          (iii) Prioritization.--In allocating 
                        amounts made available under this 
                        paragraph, the Secretary shall give 
                        priority to projects that have received 
                        the lowest rate of funding from the 
                        Harbor Maintenance Trust fund in the 
                        previous 3 fiscal years.

           *       *       *       *       *       *       *

SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

  (a) Trust Fund.--There are authorized to be appropriated out 
of the Harbor Maintenance Trust Fund, established by section 
9505 of the Internal Revenue Code of 1954, for each fiscal year 
such sums as may be necessary to pay--
          (1) 100 percent of the eligible operations and 
        maintenance costs of those portions of the Saint 
        Lawrence Seaway operated and maintained by the Saint 
        Lawrence Seaway Development Corporation for such fiscal 
        year; and
          (2) up to 100 percent of the eligible operations and 
        maintenance costs assigned to commercial navigation of 
        all harbors and inland harbors within the United 
        States.
  (b) General Fund.--There are authorized to be appropriated 
out of the general fund of the Treasury of the United States 
for each fiscal year such sums as may be necessary to pay the 
balance of all eligible operations and maintenance costs not 
provided by payments from the Harbor Maintenance Trust Fund 
under this section.
  (c) Prioritization.--
          (1) In general.--Of the amounts made available under 
        this section to carry out projects described in 
        subsection (a)(2), the Secretary of the Army, acting 
        through the Chief of Engineers, shall give priority to 
        those projects in the following order:
                  (A) In any fiscal year in which all projects 
                subject to the harbor maintenance fee under 
                section 24.24 of title 19, Code of Federal 
                Regulations (or successor regulation) are not 
                maintained to their authorized width and depth, 
                the Secretary shall prioritize amounts made 
                available under this section for those projects 
                that are high-use deep draft.
                  (B) In any fiscal year in which the projects 
                described in subparagraph (A) are maintained to 
                their constructed width and depth as of the 
                date of enactment of the Water Resources 
                Development Act of 2013, the Secretary shall 
                prioritize not more than 20 percent of 
                remaining amounts made available under this 
                section for projects--
                          (i) that have been maintained at less 
                        than their authorized width and depth 
                        during the preceding 5 fiscal years; 
                        and
                          (ii) for which significant State and 
                        local investments in infrastructure 
                        have been made at those projects.
          (2) Administration.--For purposes of this subsection, 
        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)).
          (3) Application.--The prioritization criteria under 
        paragraph (1) shall not be implemented in any fiscal 
        year in which the guarantee in section 8003 of the 
        Water Resources Development Act of 2013 is not fully 
        enforced.

           *       *       *       *       *       *       *

[33 U.S.C. 2251; PUBLIC LAW 99-662--NOV. 17, 1986]

SEC. 302. INLAND WATERWAYS USERS BOARD.

      (a) Establishment of Users Board.-- * * *

           *       *       *       *       *       *       *

      [(b) Duties.--The Users Board shall meet at least semi-
annually to develop and make recommendations to the Secretary 
regarding construction and rehabilitation priorities and 
spending levels on the commercial navigational features and 
components of the inland waterways and inland harbors of the 
United States for the following fiscal years. Any advice or 
recommendation made by the Users Board to the Secretary shall 
reflect the independent judgment of the Users Board. 
Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C. 
1113 note; 109 Stat. 734), the Users Board shall, by December 
31, 1987, and annually thereafter file such recommendations 
with the Secretary and with the Congress.]
  (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 report of the Chief of Engineers 
                relating to those features and components;
                  (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) 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 on 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.
          (4) Independent judgment.--Any advice or 
        recommendation made by the Users Board to the Secretary 
        shall reflect the independent judgment of the Users 
        Board.
  (c) Duties of Secretary.--The Secretary shall--
          (1) communicate not less 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 
        reports of the Chief of Engineers 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 conjunction with the 
        Users Board, shall--
                  (A) submit to Congress 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 such revisions to the program as the 
                Secretary and Users Board jointly consider to 
                be 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) shall 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.
  [(c)] (f) Administration.--The Users Board shall be subject 
to the Federal Advisory Committee Act, other 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. 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.

           *       *       *       *       *       *       *

SEC. 905. FEASIBILITY REPORTS.

  (a) Preparation of Reports.--
          (1) In general.-- * * *

           *       *       *       *       *       *       *

  (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 section, 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 Act, 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.
          (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).

           *       *       *       *       *       *       *

SEC. 906. FISH AND WILDLIFE MITIGATION.

      (a)(1) * * *

           *       *       *       *       *       *       *

      (d) Mitigation Plans as Part of Project Proposals.--
          (1) In general.--After November 17, 1986, the 
        Secretary shall not submit any proposal for the 
        authorization of any water resources project to 
        Congress in any report, and shall not select a project 
        alternative in any report, unless such report contains 
        (A) a recommendation with a specific plan to mitigate 
        for damages to ecological resources, including 
        terrestrial and aquatic resources, and fish and 
        wildlife losses created by such project, or (B) a 
        determination by the Secretary that such project will 
        have negligible adverse impact on ecological resources 
        and fish and wildlife. Specific mitigation plans shall 
        ensure that impacts to bottomland hardwood forests are 
        mitigated in-kind, and other habitat types are 
        mitigated to not less than in-kind conditions, to the 
        extent possible. If the Secretary determines that 
        mitigation to in-kind conditions is not possible, the 
        Secretary shall identify in the report the basis for 
        that determination. In carrying out this subsection, 
        the Secretary shall consult with appropriate Federal 
        and non-Federal agencies without the implementation of 
        mitigation measures.

           *       *       *       *       *       *       *

          (3) Mitigation requirements.--
                  (A) In general.--To mitigate losses to flood 
                damage reduction capabilities and fish and 
                wildlife resulting from a water resources 
                project, the Secretary shall ensure that the 
                mitigation plan for each water resources 
                project complies with, at a minimum, the 
                mitigation standards and policies established 
                pursuant to the regulatory programs 
                administered by the Secretary.
                  (B) Inclusions.--A specific mitigation plan 
                for a water resources project under paragraph 
                (1) shall include, at a minimum--
                          (i) a plan for monitoring the 
                        implementation and ecological success 
                        of each mitigation measure, including 
                        the cost and duration of any 
                        monitoring, and, to the extent 
                        practicable, a designation of the 
                        entities that will be responsible for 
                        the monitoring;
                          (ii) the criteria for ecological 
                        success by which the mitigation will be 
                        evaluated and determined to be 
                        successful based on replacement of lost 
                        functions and values of the habitat, 
                        including hydrologic and vegetative 
                        characteristics;
                          (iii) 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;
                          [(iii) a description of the land and 
                        interests in land to be acquired for 
                        the mitigation plan and the basis for a 
                        determination that the land and 
                        interests are available for 
                        acquisition;]
                          [(iv)] (v) a description of--
                                  (I) the types and amount of 
                                restoration activities to be 
                                conducted;
                                  (II) the physical action to 
                                be undertaken to achieve the 
                                mitigation objectives within 
                                the watershed in which such 
                                losses occur and, in any case 
                                in which the mitigation will 
                                occur outside the watershed, a 
                                detailed explanation for 
                                undertaking the mitigation 
                                outside the watershed; and
                                  (III) the functions and 
                                values that will result from 
                                the mitigation plan; and
                          [(v)] (vi) a contingency plan for 
                        taking corrective actions in cases in 
                        which monitoring demonstrates that 
                        mitigation measures are not achieving 
                        ecological success in accordance with 
                        criteria under clause (ii).
                  (C) Responsibility for monitoring.--In any 
                case in which it is not practicable to identify 
                in a mitigation plan for a water resources 
                project the entity responsible for monitoring 
                at the time of a final report of the Chief of 
                Engineers or other final decision document for 
                the project, such entity shall be identified in 
                the partnership agreement entered into with the 
                non-Federal interest under section 221 of Flood 
                Control Act of 1970 (42 U.S.C. 1962d-5b).

           *       *       *       *       *       *       *

      (g) The provisions of subsections (a), (b), and (d) shall 
be deemed to supplement the responsibility and authority of the 
Secretary pursuant to the Fish and Wildlife Coordination Act, 
and nothing in this section is intended to affect that Act.
  (h) Programmatic Mitigation Plans.--
          (1) In general.--The Secretary may develop 1 or more 
        programmatic mitigation plans to address the potential 
        impacts to ecological resources, fish, and wildlife 
        associated with existing or future 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.
          (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 may--
                  (A) be developed on a regional, ecosystem, 
                watershed, or statewide scale;
                  (B) encompass multiple environmental 
                resources within a defined geographical area or 
                focus on a specific resource, such as aquatic 
                resources or wildlife habitat; and
                  (C) 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
                  (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.).
  (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 third-party 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.
          (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.
          (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.
  (j) Use of Funds.--The Secretary may use funds made available 
for preconstruction engineering and design prior to 
authorization of project construction to acquire interests in 
land necessary for meeting the mitigation requirements of this 
section.

           *       *       *       *       *       *       *

                    TITLE X--PROJECT DEAUTHORIZATION

  Sec. 1001. [33 U.S.C. 579a] (a) Any project authorized for 
construction by this Act shall not be authorized after the last 
day of the 5-year period beginning on the date of enactment of 
this Act unless during such period funds have been obligated 
for construction, including planning and designing, of such 
project.
  (b)(1) Not later than one year after the date of enactment of 
this Act, the Secretary shall transmit to Congress a list of 
unconstructed projects, or unconstructed separable elements of 
projects, which have been authorized, but have received no 
obligations during the 10 full fiscal years preceding the 
transmittal of such list. A project or separable element 
included in such list is not authorized after December 31, 
1989, if the funds have not been obligated for construction of 
such project or element after the date of enactment of this Act 
and before December 31, 1989.
  [(2) Notwithstanding section 3003 of Public Law 104-66 (31 
U.S.C. 1113 note; 109 Stat. 734), every year after the 
transmittal of the list under paragraph (1), the Secretary 
shall transmit to Congress a list of projects or separable 
elements of projects which have been authorized, but have 
received no obligations during the 5 full fiscal years 
preceding the transmittal of such list. Upon submission of such 
list to Congress, the Secretary shall notify each Senator in 
whose State, and each Member of the House of Representatives in 
whose district, a project (including any part thereof) on such 
list would be located. A project or separable element included 
in such list is not authorized after the date which is the last 
date of the fiscal year following the fiscal year in which the 
list is so transmitted if funds have not been obligated for the 
planning, design, or construction of such project or element 
during such period.]
          (2) List of projects.--
                  (A) In general.--Notwithstanding section 3003 
                of Public Law 104-66 (31 U.S.C. 1113 note; 109 
                Stat. 734), each year, after the submission of 
                the list under paragraph (1), the Secretary 
                shall submit to Congress a list of projects or 
                separable elements of projects that have been 
                authorized but that have received no 
                obligations during the 5 full fiscal years 
                preceding the submission of that list.
                  (B) Additional notification.--On submission 
                of the list under subparagraph (A) to Congress, 
                the Secretary shall notify--
                          (i) each Senator in whose State and 
                        each Member of the House of 
                        Representatives in whose district a 
                        project (including any part of a 
                        project) on that list would be located; 
                        and
                          (ii) each applicable non-Federal 
                        interest associated with a project 
                        (including any part of a project) on 
                        that list.
                  (C) Deauthorization.--A project or separable 
                element included in the list under subparagraph 
                (A) is not authorized after the last date of 
                the fiscal year following the fiscal year in 
                which the list is submitted to Congress, if 
                funding has not been obligated for the 
                planning, design, or construction of the 
                project or element of the project during that 
                period.
          (3) Minimum funding list.--At the end of each fiscal 
        year, the Secretary shall submit to Congress a list 
        of--
                  (A) projects or separable elements of 
                projects authorized for construction for which 
                funding has been obligated in the 5 previous 
                fiscal years;
                  (B) the amount of funding obligated per 
                fiscal year;
                  (C) the current phase of each project or 
                separable element of a project; and
                  (D) the amount required to complete those 
                phases.
          (4) Report.--
                  (A) In general.--Not later than 180 days 
                after the date of enactment of the Water 
                Resources Development Act of 2013, the 
                Secretary shall compile and publish a complete 
                list of all uncompleted, authorized projects of 
                the Corps of Engineers, including for each 
                project on that list--
                          (i) the original budget authority for 
                        the project;
                          (ii) the status of the project;
                          (iii) the estimated date of 
                        completion of the project;
                          (iv) the estimated cost of completion 
                        of the project; and
                          (v) any amounts for the project that 
                        remain unobligated.
                  (B) Publication.--
                          (i) In general.--The Secretary shall 
                        submit a copy of the list under 
                        subparagraph (A) to--
                                  (I) the appropriate 
                                committees of Congress; and
                                  (II) the Director of the 
                                Office of Management and 
                                Budget.
                          (ii) Public availability.--Not later 
                        than 30 days after providing 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.

           *       *       *       *       *       *       *

[33 U.S.C 2309a(d) PUBLIC LAW 104-303--OCT. 12, 1996]

SEC. 2309A. PROJECT MODIFICATIONS FOR IMPROVEMENT OF ENVIRONMENT

      (a) Determination of need-- * * *

           *       *       *       *       *       *       *

      (d) Non-Federal share; limitation on maximum Federal 
expenditure--
    The non-Federal share of the cost of any modifications or 
measures carried out or undertaken pursuant to subsection (b) 
or (c) of this section shall be 25 percent. [Not more than 80 
percent of the non-Federal share may be] The non-Federal share 
may be provided in kind, including a facility, supply, or 
service that is necessary to carry out the modification or 
measure. Not more than [$5,000,000] $10,000,000 in Federal 
funds may be expended on any single modification or measure 
carried out or undertaken pursuant to this section.

           *       *       *       *       *       *       *

                WATER RESOURCES DEVELOPMENT ACT OF 1990

[33 U.S.C. 2321; PUBLIC LAW 110-114--NOV. 8, 2007]

           *       *       *       *       *       *       *

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Water 
Resources Development Act of 1990''.

           *       *       *       *       *       *       *

  (b) Table of Contents.--

               TITLE III--GENERALLY APPLICABLE PROVISIONS

Sec. 314. [Operation and Maintenance of hydroelectric facilities]
Sec. 314. Operation and maintenance of navigation and hydroelectric 
          facilities.

           *       *       *       *       *       *       *

[SEC. 2321. OPERATION AND MAINTENANCE OF HYDROELECTRIC FACILITIES--]

SEC. 314. OPERATION AND MAINTENANCE OF NAVIGATION AND HYDROELECTRIC 
                    FACILITIES.

    [Activities currently performed]
  (a) In General.--Activities currently performed by personnel 
under the direction of the Secretary in connection with the 
operation and maintenance of navigation or hydroelectric power 
generating facilities at Corps of Engineers water resources 
projects are to be considered as inherently governmental 
functions and not commercial activities. [This section]
  (b) Major Maintenance Contracts Allowed.--This section; does 
not prohibit contracting out major maintenance or other 
functions which are currently contracted out or studying 
services not directly connected with project maintenance and 
operations.
  (c) Exclusion.--This section shall not--
          (1) apply to those navigation facilities that have 
        been or are currently under contract with a non-Federal 
        interest to perform operations and maintenance as of 
        the date of enactment of the Water Resources 
        Development Act of 2013; and
          (2) prohibit the Secretary from contracting out 
        future commercial activities at those navigation 
        facilities.

           *       *       *       *       *       *       *

                WATER RESOURCES DEVELOPMENT ACT OF 1992

[33 U.S.C. 2326; PUBLIC LAW 110-161--DEC. 26, 2007]

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Water 
Resources Development Act of 1992''.

           *       *       *       *       *       *       *

TITLE II--GENERALLY APPLICABLE PROVISIONS

           *       *       *       *       *       *       *

SEC. 203. VOLUNTARY CONTRIBUTIONS FOR ENVIRONMENTAL AND RECREATION 
                    PROJECTS.

  (a) Acceptance.-- * * *

           *       *       *       *       *       *       *

SEC. 204. REGIONAL SEDIMENT MANAGEMENT.

  (a) In General.--
          (1) Sediment use.--
For sediment obtained through or used the construction, 
operation, or maintenance of an authorized Federal water 
resources project, the Secretary shall develop, at Federal 
expense, regional sediment management plans and carry out 
projects at locations identified in plans developed under this 
section, or identified jointly by the non-Federal interest and 
the Secretary, for use in the construction, repair, 
modification, or rehabilitation of projectsassociated with 
Federal water resources projects for purposes listed in 
paragraph (3).
          (2) Cooperation.--
The Secretary shall develop plans under this subsection in 
cooperation with the appropriate Federal, State, regional, and 
local agencies.
          (3) Purposes for sediment use in projects.--
The purposes of using sediment for the construction, repair, 
modification, or rehabilitation of Federal water resources 
projects are -
                  (A) to reduce storm damage to property;
                  (B) to protect, restore, and create aquatic 
                and ecologically related habitats, including 
                wetlands; and
                  (C) to transport and place suitable sediment 
                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.

           *       *       *       *       *       *       *

  (c) Determination of Project Costs.--
          (1) Costs of construction.--
                  (A) In general.--Costs associated with 
                construction of a project under this section or 
                identified in a regional sediment management 
                plan shall be limited solely to construction 
                costs that are in excess of the costs necessary 
                to carry out the dredging for construction, 
                operation, or maintenance of an authorized 
                Federal water resources project in the most 
                cost-effective way, consistent with economic, 
                engineering, and environmental criteria.
                  (B) Cost sharing.--
                          (i) In general.--Except as provided 
                        in [clause (ii)] clauses (ii) and 
                        (iii), the non-Federal share of the 
                        construction cost of a project 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).
                          (ii) Reduction in non-federal 
                        share.--The Secretary may reduce the 
                        non-Federal share of the costs of 
                        construction of a project if the 
                        Secretary determines that, through the 
                        beneficial use of sediment at another 
                        Federal project, there will be an 
                        associated reduction or avoidance of 
                        Federal costs.
                          [(ii)] (iii) Special rule.--
                        Construction of a project under this 
                        section for one or more of the purposes 
                        of protection, restoration, or creation 
                        of aquatic and ecologically related 
                        habitat, the cost of which does not 
                        exceed $750,000 and which is located in 
                        a disadvantaged community as determined 
                        by the Secretary, may be carried out at 
                        Federal expense.
                  (C) Total cost.--The total Federal costs 
                associated with construction of a project under 
                this section may not exceed [$5,000,000] 
                $10,000,000.

           *       *       *       *       *       *       *

  [(d) Selection of dredged material disposal method for 
environmental purposes]
  (d) Selection of Dredged Material Disposal Method for 
Purposes Related to Environmental Restoration or Storm Damage 
and Flood Reduction.--
          (1) In general.--
In developing and carrying out a Federal water resources 
project involving the disposal of dredged material, the 
Secretary may select, with the consent of the non-Federal 
interest, a disposal method that is not the least cost option 
if the Secretary determines that the incremental costs of the 
disposal method are reasonable [in relation to the 
environmental benefits, including the benefits to the aquatic 
environment to be derived from the creation of wetlands and 
control of shoreline erosion.] 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.

           *       *       *       *       *       *       *

  (e) State and regional plans.--
The Secretary may--
          [(1) cooperate with any State in the preparation of a 
        comprehensive State or regional sediment management 
        plan within the boundaries of the State;]
          (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;

           *       *       *       *       *       *       *

  (g) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section [$30,000,000] 
$50,000,000 per fiscal year, of which not more than $5,000,000 
per fiscal year may be used for the development of regional 
sediment management plans authorized by subsection (e) and of 
which not more than $3,000,000 per fiscal year may be used for 
construction of projects to which subsection (c)(1)(B)(ii) 
applies. Such funds shall remain available until expended.

           *       *       *       *       *       *       *

                WATER RESOURCES DEVELOPMENT ACT OF 1996

[33 U.S.C. 2330(d); PUBLIC LAW 111-85--OCT. 28, 2009]

           *       *       *       *       *       *       *

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Water 
Resources Development Act of 1996''.

           *       *       *       *       *       *       *

SEC. 206. AQUATIC ECOSYSTEM RESTORATION.

  (a) General Authority.--
          (1) In general.-- * * *

           *       *       *       *       *       *       *

  (d) Cost Limitation.--Not more than [$5,000,000] $10,000,000 
in Federal funds may be allotted under this section for a 
project at any single locality.

           *       *       *       *       *       *       *

SEC. 211. CONSTRUCTION OF FLOOD CONTROL PROJECTS BY NON-FEDERAL 
                    INTERESTS.

  (a) Authority.-- * * *

           *       *       *       *       *       *       *

  (e) Reimbursement.--
          (1) General rule.-- * * *

           *       *       *       *       *       *       *

          (2) Special rules.--
                  (A) Reimbursement or credit.-- * * *

           *       *       *       *       *       *       *

                  (C) Studies or other projects.--On the 
                request of a non-Federal interest, in lieu of 
                reimbursing a non-Federal interest the amount 
                equal to the estimated Federal share of the 
                cost of an authorized flood damage reduction 
                project or a separable element of an authorized 
                flood damage reduction project under this 
                subsection that has been constructed by the 
                non-Federal interest under this section as of 
                the date of enactment of this Act, the 
                Secretary may provide the non-Federal interest 
                with a credit in that amount, which the non-
                Federal interest may apply to the share of the 
                cost of the non-Federal interest of carrying 
                out other flood damage reduction projects or 
                studies.

           *       *       *       *       *       *       *

SEC. 234. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.

  (a) In General.--The Secretary may engage in activities 
(including contracting) in support of [other Federal agencies,] 
 Federal departments or agencies, nongovernmental 
organizations,Federal international organizations, or foreign 
governments to address problems of national significance to the 
United States.
  (b) Consultation.--The Secretary may engage in activities in 
support of international organizations or foreign governments 
only after consulting with the Department of State.
  (c) Use of Corps' Expertise.--The Secretary may use the 
technical and managerial expertise of the Corps of Engineers to 
address domestic and international problems related to water 
resources, infrastructure development, and environmental 
protection and restoration.
  (d) Funding.--[There is] (1) In general.--There is authorized 
to be appropriated to carry out this section $1,000,000 for 
fiscal year [2008] 2014 and each fiscal year thereafter. [The 
Secretary]
          (2) Acceptance of funds.--The Secretary may accept 
        and expend additional funds from [other Federal 
        agencies] Federal departments or agencies, 
        nongovernmental organizations, international 
        organizations, or foreign governments to carry out this 
        section.

           *       *       *       *       *       *       *

SEC. 510. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION 
                    PROGRAM.

  (a) Establishment.--
          (1)(1) In general.--The Secretary shall establish a 
        [pilot program]program to provide environmental 
        assistance to non-Federal interests in the basin States 
        described in subsection (f) and the District of 
        Columbia in the Chesapeake Bay watershed.
          [(2) Form.--The assistance shall be in the form of 
        design and construction assistance for water-related 
        environmental infrastructure and resource protection 
        and development projects affecting the Chesapeake Bay 
        estuary, including projects for sediment and erosion 
        control, protection of eroding shorelines, protection 
        of essential public works, wastewater treatment and 
        related facilities, water supply and related 
        facilities, beneficial uses of dredged material, and 
        restoration of submerged aquatic vegetation, and other 
        related projects that may enhance the living resources 
        of the estuary.]
          (2) Form.--The assistance under paragraph (1) shall 
        be in the form of design and construction assistance 
        for water-related 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.
  [(b) Public Ownership Requirement.--The Secretary may provide 
assistance for a project under this section only if the project 
is publicly owned, and will be publicly operated and 
maintained.]
  (b) Comprehensive Plan.--
          (1) In general.--Not later than 2 years after the 
        date of enactment of the Water Resources Development 
        Act of 2013, 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.
          (4) Administration.--The Federal share of the costs 
        of carrying out paragraph (1) shall be 75 percent.
  (c) Local Cooperation Agreement.--
          (1) In general.--Before providing assistance under 
        this section, the Secretary shall enter into a local 
        cooperation agreement with a non-Federal interest [to 
        provide for design and construction of the project to 
        be carried out with the assistance.] for the design and 
        construction of a project carried out pursuant to the 
        comprehensive Chesapeake Bay restoration plan described 
        in subsection (b).
          (2) Requirements.--Each local cooperation agreement 
        entered into under this subsection shall provide for--
                  (A) the development by the Secretary, in 
                consultation with appropriate Federal, State, 
                and local officials, of a [facilities or 
                resource protection and development plan] 
                resource protection and restoration plan, 
                including appropriate engineering plans and 
                specifications and an estimate of expected 
                resource benefits; and
                  (B) the establishment of such legal and 
                institutional structures as are necessary to 
                ensure the effective long-term operation and 
                maintenance of the project by the non-Federal 
                interest.
          (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.

           *       *       *       *       *       *       *

  [(e) Cooperation.--In carrying out this section, the 
Secretary shall cooperate with the heads of appropriate Federal 
agencies, including--
          [(1) the Administrator of the Environmental 
        Protection Agency;
          [(2) the Secretary of Commerce, acting through the 
        Administrator of the National Oceanic and Atmospheric 
        Administration;
          [(3) the Secretary of the Interior, acting through 
        the Director of the United States Fish and Wildlife 
        Service; and
          [(4) the heads of such other Federal agencies and 
        agencies of a State or political subdivision of a State 
        as the Secretary determines to be appropriate.]
  (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.
  [(f) Project.--The Secretary shall establish at least 1 
project under this section in each of the States of Maryland, 
Virginia, and Pennsylvania.]
  (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.

           *       *       *       *       *       *       *

  [(h) Report.--Not later than December 31, 1998, the Secretary 
shall transmit to Congress a report on the results of the 
program carried out under this section, together with a 
recommendation concerning whether or not the program should be 
implemented on a national basis.]
  [(i)] (h) Authorization of Appropriations..--There is 
authorized to be appropriated to carry out this section 
$10,000,000.

           *       *       *       *       *       *       *

                WATER RESOURCES DEVELOPMENT ACT OF 2000

[33 U.S.C. 2269; PUBLIC LAW 111-315--DEC. 18, 2010]

SEC. 203. TRIBAL PARTNERSHIP PROGRAM.

  (a) * * *
  (b) Program.--
          (1) In general.--In cooperation with Indian tribes 
        and the heads of other Federal agencies, the Secretary 
        may carry out water-related planning activities and 
        study and determine the feasibility of carrying out 
        water resources development projects that--
                  (A) * * *

           *       *       *       *       *       *       *

  (d) Cost sharing.--
          (1) Ability to pay
                  (A) * * *

           *       *       *       *       *       *       *

                  (B) Use of procedures--
[The ability]
                          (i) In general.--The ability of a 
                        non-Federal interest to pay shall be 
                        determined by the Secretary in 
                        accordance with procedures stablished 
                        by the Secretary.
                          (ii) Determination.--Not later than 
                        180 days after the date of enactment of 
                        the Water Resources Development Act of 
                        2013, the Secretary shall issue 
                        guidance on the procedures described in 
                        clause (i).
  (e) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out subsection (b) $5,000,000 for each 
of fiscal years 2002 through [2012] 2023, of which not more 
than $1,000,000 may be used with respect to any 1 Indian tribe.

           *       *       *       *       *       *       *

SEC. 213.

  (a) Conservation and Recreation Management--
To further training and educational opportunities [at] about 
water resources development projects under the jurisdiction of 
the Secretary, the Secretary may enter into cooperative 
agreements with non-Federal public and nonprofit entities for 
services relating to natural resources conservation or 
recreation management.

           *       *       *       *       *       *       *

SEC. 214. FUNDING TO PROCESS PERMITS.

  (a) In General.-- * * *

           *       *       *       *       *       *       *

  [(d) Public Availability.--The Secretary shall ensure that 
all final permit decisions carried out using funds authorized 
under this section are made available to the public, including 
on the Internet.
  [(e) Duration of Authority.--The authority provided under 
this section shall be in effect from October 1, 2000, through 
December 31, 2016.]
  (d) Public Availability.--
          (1) In general.--The Secretary shall ensure that all 
        final permit decisions carried out using funds 
        authorized under this section are made available to the 
        public in a common format, including on the Internet, 
        and in a manner that distinguishes final permit 
        decisions under this section from other final actions 
        of the Secretary.
          (2) Decision document.--The Secretary shall--
                  (A) use a standard decision document for 
                evaluating all permits using funds accepted 
                under this section; and
                  (B) make the standard decision document, 
                along with all final permit decisions, 
                available to the public, including on the 
                Internet.
          (3) Agreements.--The Secretary shall make all active 
        agreements to accept funds under this section available 
        on a single public Internet site.
  (e) Reporting.--
          (1) In general.--The Secretary shall prepare an 
        annual report on the implementation of this section, 
        which, at a minimum, shall include for each district of 
        the Corps of Engineers that accepts funds under this 
        section--
                  (A) a comprehensive list of any funds 
                accepted under this section during the previous 
                fiscal year;
                  (B) a comprehensive list of the permits 
                reviewed and approved using funds accepted 
                under this section during the previous fiscal 
                year, including a description of the size and 
                type of resources impacted and the mitigation 
                required for each permit; and
                  (C) a description of the training offered in 
                the previous fiscal year for employees that is 
                funded in whole or in part with funds accepted 
                under this section.
          (2) Submission.--Not later than 90 days after the end 
        of each fiscal year, the Secretary shall--
                  (A) submit to the Committee on Environment 
                and Public Works of the Senate and the 
                Committee on Transportation and Infrastructure 
                of the House of Representatives the annual 
                report described in paragraph (1); and
                  (B) make each report received under 
                subparagraph (A) available on a single publicly 
                accessible Internet site.

           *       *       *       *       *       *       *

SEC. 536. LOWER COLUMBIA RIVER AND TILLAMOOK BAY ECOSYSTEM RESTORATION, 
                    OREGON AND WASHINGTON

  (a) In general.-- * * *

           *       *       *       *       *       *       *

  (g) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section [$30,000,000.] 
$75,000,000.

           *       *       *       *       *       *       *

                WATER RESOURCES DEVELOPMENT ACT OF 2007

[33 U.S.C. 2348; PUBLIC LAW 110-114--NOV. 8, 2007]

           *       *       *       *       *       *       *

SECTION 1. [33 U.S.C. 2201 NOTE] SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.-- * * *

           *       *       *       *       *       *       *

SEC. 2003. WRITTEN AGREEMENT FOR WATER RESOURCES PROJECTS.

  (a) In General.-- * * *

           *       *       *       *       *       *       *

  (e) Applicability.--The amendments made by subsections (a), 
(b), and (d) only apply to partnership agreements entered into 
after the date of enactment of this Act; except that, at the 
request of a non-Federal interest for a project, the district 
engineer for the district in which the project is located may 
amend a project partnership agreement entered into on or before 
such date and under which construction on the project , or 
construction of design deficiency corrections on the project, 
has not been initiated as of such date of enactment for the 
purpose of incorporating such amendments.

           *       *       *       *       *       *       *

SEC. 2034. [33 U.S.C. 2343] INDEPENDENT PEER REVIEW.

  (a) Project Studies Subject to Independent Peer Review.--
          (1) In general.-- * * *

           *       *       *       *       *       *       *

  (b) Timing of Peer Review.--
          (1) In general.--The Chief of Engineers shall 
        determine the timing of a peer review of a project 
        study under subsection (a). In all cases, the peer 
        review shall occur during the period beginning on the 
        date of the signing of the feasibility cost-sharing 
        agreement for the study and ending on the date 
        established under subsection (e)(1)(A) for the peer 
        review and shall be accomplished concurrent with the 
        conducting of the project study.
          (2) Factors to consider.--In any case in which the 
        Chief of Engineers has not initiated a peer review of a 
        project study, the Chief of Engineers shall consider, 
        at a minimum, whether to initiate a peer review at the 
        time that--
                  (A) the without-project conditions are 
                identified;
                  (B) the array of alternatives to be 
                considered are identified; and
                  (C) the preferred alternative is identified.
          (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.
          [(3)] (4) Limitation on multiple peer review.--
        Nothing in this subsection shall be construed to 
        require the Chief of Engineers to conduct multiple peer 
        reviews for a project study.
  (c) Establishment of Panels.--
          (1) In general.-- * * *

           *       *       *       *       *       *       *

          [(4) Congressional notification.--Upon identification 
        of a project study for peer review under this section, 
        but prior to initiation of the review, the Chief of 
        Engineers shall 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.]
          (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; 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.

           *       *       *       *       *       *       *

  (f) Recommendations of Panel.--
          (1) Consideration by the chief of engineers.--After 
        receiving a report on a project study from a panel of 
        experts under this section and before entering a final 
        record of decision for the project, the Chief of 
        Engineers shall consider any recommendations contained 
        in the report and prepare a written response for any 
        recommendations adopted or not adopted.
          [(2) Public availability and transmittal to 
        congress.--After receiving a report on a project study 
        from a panel of experts under this section, the Chief 
        of Engineers shall--
                  [(A) make a copy of the report and any 
                written response of the Chief of Engineers on 
                recommendations contained in the report 
                available to the public by electronic means, 
                including the Internet; and
                  [(B) transmit 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 the 
                report, together with any such written 
                response, on the date of a final report of the 
                Chief of Engineers or other final decision 
                document for the project study.]
          (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 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.

           *       *       *       *       *       *       *

  (h) Applicability.--This section shall apply to--
          (1) project studies initiated during the 2-year 
        period preceding the date of enactment of this Act and 
        for which the array of alternatives to be considered 
        has not been identified; and
          (2) project studies initiated during the period 
        beginning on such date of enactment and ending [7 
        years] 12 years after such date of enactment.

           *       *       *       *       *       *       *

SEC. 2035. [33 U.S.C. 2344] SAFETY ASSURANCE REVIEW.

  (a) Projects Subject to Safety Assurance Review.-- * * *

           *       *       *       *       *       *       *

  (f) Applicability.--This section shall apply to any project 
in design or under construction on the date of enactment of 
this Act and to any project with respect to which design or 
construction is initiated during the period beginning on the 
date of enactment of this Act and ending 7 years after such 
date of enactment.
  (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. 2036. MITIGATION FOR FISH AND WILDLIFE AND WETLANDS LOSSES.

  (a) Mitigation for Fish and Wildlife Losses.-- * * *

           *       *       *       *       *       *       *

  (b) Status Report.--
          (1) In general.--Concurrent with the President's 
        submission to Congress of the President's request for 
        appropriations for the Civil Works Program for a fiscal 
        year, the Secretary shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and 
        Public Works of the Senate a report on the status of 
        construction of projects that require mitigation under 
        section 906 of the Water Resources Development Act of 
        1986 (33 U.S.C. 2283), the status of such mitigation, 
        and the results of the consultation under subsection 
        (d)(4)(B) of such section.
          (2) Projects included.--The status report shall 
        include the status of--
                  (A) all projects that are under construction 
                as of the date of the report;
                  (B) all projects for which the President 
                requests funding for the next fiscal year; and
                  (C) all projects that have undergone or 
                completed construction, but have not completed 
                the mitigation required under section 906 of 
                the Water Resources Development Act of 1986.
          (3) Information included.--In reporting the status of 
        all projects included in the report, the Secretary 
        shall--
                  (A) use a uniform methodology for determining 
                the status of all projects included in the 
                report;
                  (B) use a methodology that describes both a 
                qualitative and quantitative status for all 
                projects in the report; and
                  (C) provide specific dates for and 
                participants 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)).
          [(3)] (4) Availability of information.--The Secretary 
        shall make information contained in the status report 
        available to the public, including on the Internet.

           *       *       *       *       *       *       *

SEC. 2037. REGIONAL SEDIMENT MANAGEMENT.

  (b) Conforming Repeal.--
          (1) In general.--Section 145 of the Water Resources 
        Development Act of 1976 (33 U.S.C. 426j) is repealed.
          (2) Existing projects.--The Secretary may complete 
        any project being carried out under section 145 of the 
        Water Resources Development Act of 1976 on the day 
        before the date of enactment of this Act.
  (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.

           *       *       *       *       *       *       *

[SEC. 2045. [33 U.S.C. 2348] PROJECT STREAMLINING.

  [(a) Policy.--The benefits of water resources projects are 
important to the Nation's economy and environment, and 
recommendations to Congress regarding such projects should not 
be delayed due to uncoordinated or inefficient reviews or the 
failure to timely resolve disputes during the development of 
water resources projects.
  [(b) Scope.--This section shall apply to each study initiated 
after the date of enactment of this Act to develop a 
feasibility report under section 905 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2282), or a reevaluation 
report, for a water resources project if the Secretary 
determines that such study requires an environmental impact 
statement under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.).
  [(c) Water Resources Project Review Process.--The Secretary 
shall develop and implement a coordinated review process for 
the development of water resources projects.
  [(d) Coordinated Reviews.--The coordinated review process 
under this section may provide that all reviews, analyses, 
opinions, permits, licenses, and approvals that must be issued 
or made by a Federal, State, or local government agency or 
Indian tribe for the development of a water resources project 
described in subsection (b) will be conducted, to the maximum 
extent practicable, concurrently and completed within a time 
period established by the Secretary in cooperation with the 
agencies identified under subsection (e) with respect to the 
project.
  [(e) Identification of Jurisdictional Agencies.--With respect 
to the development of each water resources project, the 
Secretary shall identify, as soon as practicable, all Federal, 
State, and local government agencies and Indian tribes that 
may--
          [(1) have jurisdiction over the project;
          [(2) be required by law to conduct or issue a review, 
        analysis, or opinion for the project; or
          [(3) be required to make a determination on issuing a 
        permit, license, or approval for the project.
  [(f) State Authority.--If the coordinated review process is 
being implemented under this section by the Secretary with 
respect to the development of a water resources project 
described in subsection (b) 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--
          [(1) have jurisdiction over the project;
          [(2) are required to conduct or issue a review, 
        analysis, or opinion for the project; or
          [(3) are required to make a determination on issuing 
        a permit, license, or approval for the project.
  [(g) Memorandum of Understanding.--The coordinated review 
process developed under this section may be incorporated into a 
memorandum of understanding for a water resources project 
between the Secretary, the heads of Federal, State, and local 
government agencies, Indian tribes identified under subsection 
(e), and the non-Federal interest for the project.
  [(h) Effect of Failure to Meet Deadline.--
          [(1) Notification.--If the Secretary determines that 
        a Federal, State, or local government agency, Indian 
        tribe, or non-Federal interest that is participating in 
        the coordinated review process under this section with 
        respect to the development of a water resources project 
        has not met a deadline established under subsection (d) 
        for the project, the Secretary shall notify, within 30 
        days of the date of such determination, the agency, 
        Indian tribe, or non-Federal interest about the failure 
        to meet the deadline.
          [(2) Agency report.--Not later than 30 days after the 
        date of receipt of a notice under paragraph (1), the 
        Federal, State, or local government agency, Indian 
        tribe, or non-Federal interest involved may submit a 
        report to the Secretary, explaining why the agency, 
        Indian tribe, or non-Federal interest did not meet the 
        deadline and what actions it intends to take to 
        complete or issue the required review, analysis, or 
        opinion or determination on issuing a permit, license, 
        or approval.
          [(3) Report to congress.--Not later than 30 days 
        after the date of receipt of a report under paragraph 
        (2), the Secretary shall compile and submit a report to 
        the Committee on Transportation and Infrastructure of 
        the House of Representatives, the Committee on 
        Environment and Public Works of the Senate, and the 
        Council on Environmental Quality, describing any 
        deadlines identified in paragraph (1), and any 
        information provided to the Secretary by the Federal, 
        State, or local government agency, Indian tribe, or 
        non-Federal interest involved under paragraph (2).
  [(i) Limitations.--Nothing in this section shall preempt or 
interfere with--
          [(1) any statutory requirement for seeking public 
        comment;
          [(2) any power, jurisdiction, or authority that a 
        Federal, State, or local government agency, Indian 
        tribe, or non-Federal interest has with respect to 
        carrying out a water resources project; or
          [(3) any obligation to comply with the provisions of 
        the National Environmental Policy Act of 1969 and the 
        regulations issued by the Council on Environmental 
        Quality to carry out such Act.]

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 water resources 
        projects 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 water resources project.
                  (B) Inclusions.--The term `environmental 
                review process' includes the process for and 
                completion of any environmental permit, 
                approval, review, or study required for a water 
                resources project under any Federal law other 
                than the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
          (3) Lead agency.--The term `lead agency' means the 
        Corps of Engineers and, if applicable, any State, 
        local, or tribal governmental entity serving as a joint 
        lead agency pursuant to this section.
  (b) Policy.--The benefits of water resources projects are 
important to the economy and environment of the United States, 
and recommendations to Congress regarding those projects should 
be accelerated by coordinated and efficient review and 
cooperative efforts to prevent or quickly resolve disputes 
during the development and implementation of those water 
resources projects.
  (c) Applicability.--
          (1) In general.--The project development procedures 
        under this section apply to the development of projects 
        initiated after the date of enactment of the Water 
        Resources Development Act of 2013 and for which the 
        Secretary determines that--
                  (A) an environmental impact statement is 
                required; or
                  (B) at the discretion of the Secretary, other 
                water resources projects for which an 
                environmental review process document is 
                required to be prepared.
          (2) Flexibility.--Any authorities granted in this 
        section may be exercised, and any requirements 
        established under this section may be satisfied, for 
        the development of a water resources project, a class 
        of those projects, or a program of those projects.
          (3) List of water resources development projects.--
                  (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 planning activities 
                        for the water resources project.
                  (B) Inclusions.--The Secretary shall include 
                for each study on the list under subparagraph 
                (A) a description of the estimated amounts 
                necessary to make substantial progress on the 
                study.
          (4) 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 water resources project, guidance 
        documents that describe the processes that the 
        Secretary will use to implement this section, in 
        accordance with the civil works program of the Corps of 
        Engineers and all applicable law.
  (d) Water Resources Project Review Process.--The Secretary 
shall develop and implement a coordinated review process for 
the development of water resources projects.
  (e) Identification of Jurisdictional Agencies.--With respect 
to the development of each water resources project, the 
Secretary shall identify, as soon as practicable, all Federal, 
State, and local government agencies and Indian tribes that 
may--
          (1) have jurisdiction over the project;
          (2) be required by law to conduct or issue a review, 
        analysis, or opinion for the project; or
          (3) be required to make a determination on issuing a 
        permit, license, or approval for the project.
  (f) State Authority.--If the coordinated review process is 
being implemented under this section by the Secretary with 
respect to the development of a water resources project 
described in subsection (c) 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--
          (1) have jurisdiction over the project;
          (2) are required to conduct or issue a review, 
        analysis, or opinion for the project; or
          (3) are required to make a determination on issuing a 
        permit, license, or approval for the project.
  (g) Lead Agencies.--
          (1) Federal lead agency.--Subject to paragraph (2), 
        the Corps of Engineers shall be the lead Federal agency 
        in the environmental review process for a water 
        resources project.
          (2) Joint lead agencies.--
                  (A) In general.--At the discretion of the 
                Secretary and subject to any applicable 
                regulations under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.), an 
                agency other than the Corps of Engineers may 
                serve as the joint lead agency.
                  (B) Non-federal interest as joint lead 
                agency.--A non-Federal interest that is a State 
                or local governmental entity--
                          (i) may serve as a joint lead agency 
                        with the Corps of Engineers for 
                        purposes of preparing any environmental 
                        document under the National 
                        Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.); and
                          (ii) may prepare any environmental 
                        review process document required in 
                        support of any action or approval by 
                        the Secretary if--
                                  (I) the Corps of Engineers 
                                provides guidance in the 
                                preparation process and 
                                independently evaluates that 
                                document; and
                                  (II) 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.
          (3) Duties.--The Secretary shall ensure that--
                  (A) the non-Federal interest complies with 
                all design and mitigation commitments made 
                jointly by the Secretary and the non-Federal 
                interest in any environmental document prepared 
                by the non-Federal interest in accordance with 
                this subsection; and
                  (B) any environmental document prepared by 
                the non-Federal interest is appropriately 
                supplemented if changes to the water resources 
                project become necessary.
          (4) Adoption and use of documents.--Any environmental 
        document prepared in accordance with this subsection 
        may be adopted or used by any Federal agency making any 
        approval to the same extent that the Federal agency 
        could adopt or use a document prepared by another 
        Federal agency.
          (5) Roles and responsibility of lead agency.--With 
        respect to the environmental review process for any 
        water resources project, the lead agency shall have 
        authority and responsibility--
                  (A) to take such actions as are necessary and 
                proper and within the authority and 
                responsibility of the lead agency to facilitate 
                the expeditious resolution of the environmental 
                review process for the water resources project; 
                and
                  (B) to prepare or ensure that any required 
                environmental impact statement or other 
                environmental review document for a water 
                resources project 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.
  (h) Participating Agencies.--
          (1) Invitation.--
                  (A) In general.--The lead agency shall 
                identify, as early as practicable in the 
                environmental review process for a water 
                resources project, any other Federal or non-
                Federal agencies that may have an interest in 
                that project and invite those agencies to 
                become participating agencies in the 
                environmental review process for the water 
                resources project.
                  (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 may be extended by 
                the lead agency for good cause.
          (2) Federal participating agencies.--Any Federal 
        agency that is invited by the lead agency to 
        participate in the environmental review process for a 
        water resources project shall be designated as a 
        participating agency by the lead agency unless the 
        invited agency informs the lead agency, in writing, by 
        the deadline specified in the invitation that the 
        invited agency--
                  (A) has no jurisdiction or authority with 
                respect to the water resources project;
                  (B) has no expertise or information relevant 
                to the water resources project;
                  (C) does not intend to submit comments on the 
                water resources project; and
                  (D) does not have adequate funds to 
                participate in the water resources project.
          (3) Effect of designation.--Designation as a 
        participating agency under this subsection shall not 
        imply that the participating agency--
                  (A) supports a proposed water resources 
                project; or
                  (B) has any jurisdiction over, or special 
                expertise with respect to evaluation of, the 
                water resources project.
          (4) Concurrent reviews.--Each participating 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 impair 
                the ability of the Federal agency to conduct 
                needed analysis or otherwise carry 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.
  (i) Programmatic Compliance.--
          (1) In general.--The Secretary shall issue guidance 
        to allow for 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 agencies, 
                including the creation of a list of all data 
                that is needed to carry out an environmental 
                review process; and
                  (D) is consistent with--
                          (i) the National Environmental Policy 
                        Act of 1969 (42 U.S.C. 4321 et seq.); 
                        and
                          (ii) 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 and State 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 agencies, State 
                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, or tribal agencies, 
                        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 and State 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).
  (j) Coordinated Reviews.--
          (1) Coordination plan.--
                  (A) Establishment.--
                          (i) In general.--The lead agency 
                        shall establish a plan for coordinating 
                        public and agency participation in, and 
                        comment on, the environmental review 
                        process for a water resources project 
                        or a category of water resources 
                        projects.
                          (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)).
          (2) Comment deadlines.--The lead agency shall 
        establish the following deadlines for comment during 
        the environmental review process for a project:
                  (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 lead 
                        agency, the non-Federal interest, as 
                        applicable, and all participating 
                        agencies; or
                          (ii) the deadline is extended by the 
                        lead agency for good cause.
                  (B) Other environmental review processes.--
                For all comment periods established by the lead 
                agency for agency or public comments in the 
                environmental review process other than for a 
                draft environmental impact statement, a period 
                of not more than 30 days after 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 lead 
                        agency, the non-Federal interest, and 
                        all participating agencies; or
                          (ii) the deadline is extended by the 
                        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, including the issuance or denial of a 
        permit or license, is required to be made by the date 
        described in subsection (k)(6)(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, 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 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 shall reduce any time period provided for 
        public comment in the environmental review process 
        under existing Federal law (including regulations).
  (k) Issue Identification and Resolution.--
          (1) Cooperation.--The lead agency and the 
        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 under applicable laws.
          (2) Lead agency responsibilities.--
                  (A) In general.--The lead agency shall make 
                information available to the 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) Participating agency responsibilities.--Based on 
        information received from the lead agency, 
        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.
          (4) Interim decision on achieving accelerated 
        decisionmaking.--
                  (A) In general.--Not later than 30 days after 
                the close of the public comment period on a 
                draft environmental impact statement, the 
                Secretary may convene a meeting with the non-
                Federal interest or joint lead agency, as 
                applicable, relevant resource agencies, and 
                relevant Federal and State agencies to 
                establish a schedule of deadlines to complete 
                decisions regarding the project.
                  (B) Deadlines.--
                          (i) In general.--The deadlines 
                        referred to in subparagraph (A) shall 
                        be those established by the Secretary, 
                        in consultation with the non-Federal 
                        interest or joint lead agency, as 
                        applicable, and other relevant Federal 
                        and State agencies.
                          (ii) Factors for consideration.--In 
                        establishing a schedule, the Secretary 
                        shall consider factors such as--
                                  (I) the responsibilities of 
                                participating agencies under 
                                applicable laws;
                                  (II) the resources available 
                                to the non-Federal interest, 
                                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 under 
                                clause (i) for good cause; and
                                  (II) shorten a schedule only 
                                with concurrence of the 
                                affected non-Federal interest, 
                                joint lead agency, or relevant 
                                Federal and State agencies, as 
                                applicable.
                  (C) Failure to meet deadline.--If the 
                agencies described in subparagraph (A) cannot 
                provide reasonable assurances that the 
                deadlines described in subparagraph (B) will be 
                met, the Secretary may initiate the issue 
                resolution and referral process described under 
                paragraph (5) before the completion of the 
                record of decision.
          (5) Accelerated issue resolution and referral.--
                  (A) Agency issue resolution meeting.--
                          (i) In general.--A participating 
                        agency or non-Federal interest may 
                        request an issue resolution meeting to 
                        be conducted by the Secretary.
                          (ii) Action by secretary.--The 
                        Secretary shall convene an issue 
                        resolution meeting under clause (i) 
                        with the relevant participating 
                        agencies and the non-Federal interest, 
                        as applicable, to resolve issues that 
                        could--
                                  (I) delay completion of the 
                                environmental review process; 
                                or
                                  (II) result in denial of any 
                                approvals required for the 
                                project under applicable laws.
                          (iii) Date.--A meeting requested 
                        under this subparagraph 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.
                          (iv) Notification.--On receipt of a 
                        request for a meeting under this 
                        subparagraph, the Secretary shall 
                        notify all relevant participating 
                        agencies of the request, including the 
                        issue to be resolved and the date for 
                        the meeting.
                          (v) Disputes.--If a relevant 
                        participating agency with jurisdiction 
                        over an approval required for a project 
                        under applicable law determines that 
                        the relevant information necessary to 
                        resolve the issue has not been obtained 
                        and could not have been obtained within 
                        a reasonable time, but the Secretary 
                        disagrees, the resolution of the 
                        dispute shall be forwarded to the heads 
                        of the relevant agencies for 
                        resolution.
                          (vi) Convention by lead agency.--The 
                        Secretary may convene an issue 
                        resolution meeting under this 
                        subsection at any time, at the 
                        discretion of the Secretary, regardless 
                        of whether a meeting is requested under 
                        clause (i).
                          (vii) Exception.--
                                  (I) In general.--The issue 
                                resolution and referral process 
                                under this subparagraph shall 
                                not be initiated if the 
                                applicable agency--
                                          (aa) certifies that--
                                                  (AA) 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;
                                                  (BB) 
                                                significant new 
                                                information 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
                                                  (CC) the 
                                                agency lacks 
                                                the financial 
                                                resources to 
                                                complete the 
                                                review under 
                                                the scheduled 
                                                timeframe, 
                                                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 there 
                                                is not enough 
                                                funding 
                                                available to 
                                                complete the 
                                                review by the 
                                                deadline; and
                                          (bb) establishes a 
                                        new deadline for 
                                        completion of the 
                                        review.
                                  (II) Inspector general.--If 
                                the applicable agency makes a 
                                certification under subclause 
                                (I)(aa)(CC), the Inspector 
                                General of the applicable 
                                agency shall conduct a 
                                financial audit to review that 
                                certification and submit a 
                                report on that certification 
                                within 90 days to the Committee 
                                on Environment and Public Works 
                                of the Senate and the Committee 
                                on Transportation and 
                                Infrastructure of the House of 
                                Representatives.
                  (B) Elevation of issue resolution.--
                          (i) In general.--If issue resolution 
                        is not achieved by not later than 30 
                        days after the date on which a relevant 
                        meeting is held under subparagraph (A), 
                        the Secretary shall notify the heads of 
                        the relevant participating agencies and 
                        the non-Federal interest that an issue 
                        resolution meeting will be convened.
                          (ii) Requirements.--The Secretary 
                        shall identify the issues to be 
                        addressed at the meeting and convene 
                        the meeting not later than 30 days 
                        after the date on which the notice is 
                        issued.
                  (C) Referral of issue resolution.--
                          (i) Referral to council on 
                        environmental quality.--
                                  (I) In general.--If a 
                                resolution is not achieved by 
                                not later than 30 days after 
                                the date on which an issue 
                                resolution meeting is held 
                                under subparagraph (B), the 
                                Secretary shall refer the 
                                matter to the Council on 
                                Environmental Quality.
                                  (II) Meeting.--Not later than 
                                30 days after the date on which 
                                the Council on Environmental 
                                Quality receives a referral 
                                from the Secretary under 
                                subclause (I), the Council on 
                                Environmental Quality shall 
                                hold an issue resolution 
                                meeting with the lead agency, 
                                the heads of relevant 
                                participating agencies and the 
                                non-Federal interest.
                          (ii) Referral to the president.--If a 
                        resolution of the issue is not achieved 
                        by not later than 30 days after the 
                        date on which an issue resolution 
                        meeting is convened by the Council on 
                        Environmental Quality under clause 
                        (i)(II), the Secretary shall refer the 
                        matter directly to the President.
          (6) Financial penalty provisions.--
                  (A) In general.--A Federal agency with 
                jurisdiction over an approval required for a 
                project under applicable Federal laws 
                (including regulations) shall complete any 
                required approval on an expeditious basis using 
                the shortest existing applicable process.
                  (B) Failure to decide.--
                          (i) In general.--If an agency 
                        described in subparagraph (A) fails to 
                        render a decision under any Federal law 
                        relating to a project that requires the 
                        preparation of an environmental impact 
                        statement or environmental assessment, 
                        including the issuance or denial of a 
                        permit, license, or other approval by 
                        the date described in clause (ii), an 
                        amount of funding equal to the amounts 
                        specified in subclause (I) or (II) 
                        shall be transferred from the 
                        applicable office of the head of the 
                        agency, or equivalent office to which 
                        the authority for rendering the 
                        decision has been delegated by law to 
                        the agency or division charged with 
                        rendering a decision regarding the 
                        application 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 
                                requiring the preparation of an 
                                environmental assessment or 
                                environmental impact statement; 
                                or
                                  (II) $10,000 for any project 
                                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 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.
                  (D) No fault of agency.--A transfer of funds 
                under this paragraph shall not be made if--
                          (i) the applicable agency described 
                        in subparagraph (A) certifies 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; 
                                or
                                  (II) significant new 
                                information 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 
                                timeframe, 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 there is not enough 
                                funding available to complete 
                                the review by the deadline; and
                          (ii) if the applicable agency makes a 
                        certification under clause (i)(III), 
                        the Inspector General of the applicable 
                        agency shall conduct a financial audit 
                        to review that certification and submit 
                        a report on that certification within 
                        90 days to the Committee on Environment 
                        and Public Works of the Senate and the 
                        Committee on Transportation and 
                        Infrastructure of the House of 
                        Representatives.
                  (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) Audits.--In any fiscal year in which any 
                funds are transferred from a Federal agency 
                pursuant to this paragraph, the Inspector 
                General of that agency shall--
                          (i) conduct an audit to assess 
                        compliance with the requirements of 
                        this paragraph; and
                          (ii) not later than 120 days after 
                        the end of the fiscal year in which the 
                        transfer occurred, 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 
                        describing the reasons why the 
                        transfers were levied, including 
                        allocations of resources.
                  (G) 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.
  (l) 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.
  (m) 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 water resources 
                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 water resources project 
                development decisions reflect environmental 
                values; and
                  (B) the cooperation referred to in 
                subparagraph (A) should include the development 
                of policies and the designation of staff that 
                advise planning agencies and non-Federal 
                interests 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 non-Federal interest, 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 non-Federal interest in carrying out early 
        coordination activities.
          (3) Memorandum of agency agreement.--If requested at 
        any time by a State or non-Federal interest, the lead 
        agency, in consultation with other Federal agencies 
        with relevant jurisdiction in the environmental review 
        process, may establish memoranda of agreement with the 
        non-Federal interest, 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.
  (n) Limitations.--Nothing in this section preempts, 
supersedes, amends, modifies, or interferes with--
          (1) any statutory requirement for seeking public 
        comment;
          (2) any power, jurisdiction, or authority that a 
        Federal, State, or local government agency, Indian 
        tribe, or non-Federal interest has with respect to 
        carrying out a water resources project;
          (3) any obligation to comply with the provisions of 
        the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) and the regulations issued by the 
        Council on Environmental Quality to carry out that Act 
        or any other Federal environmental law;
          (4) the reviewability of any final Federal agency 
        action in a court of the United States or in the court 
        of any State;
          (5) any practice of seeking, considering, or 
        responding to public comment; or
          (6) any power, jurisdiction, responsibility, or 
        authority that a Federal, State, or local governmental 
        agency, Indian tribe, or non-Federal interest has with 
        respect to carrying out a water resources project or 
        any other provision of law applicable to water 
        resources development projects.
  (o) Categorical Exclusions.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of this subsection, the Secretary 
        shall--
                  (A) survey the use by the Corps of Engineers 
                of categorical exclusions in water resources 
                projects since 2005;
                  (B) publish a review of the survey that 
                includes a description of--
                          (i) the types of actions 
                        categorically excluded; and
                          (ii) any requests previously received 
                        by the Secretary for new categorical 
                        exclusions; and
                  (C) solicit requests from other Federal 
                agencies and non-Federal interests for new 
                categorical exclusions.
          (2) New categorical exclusions.--Not later than 1 
        year after the date of enactment of this subsection, if 
        the Secretary has identified a categorical exclusion 
        that did not exist on the day before the date of 
        enactment of this subsection 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).
  (p) Review of Water Resources 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 after the date of 
                enactment of this subsection, submit to the 
                Committee on Transportation and Infrastructure 
                of the House of Representatives and the 
                Committee on Environment and Public Works of 
                the Senate a report that describes the results 
                of the assessment.
          (2) Inspector general report.--The Inspector General 
        of the Corps of Engineers shall--
                  (A) assess the reforms carried out under this 
                section; and
                  (B) submit to the Committee on Transportation 
                and Infrastructure of the House of 
                Representatives and the Committee on 
                Environment and Public Works of the Senate--
                          (i) not later than 2 years after the 
                        date of enactment of this subsection, 
                        an initial report of the findings of 
                        the Inspector General; and
                          (ii) not later than 4 years after the 
                        date of enactment of this subsection, a 
                        final report of the findings.

           *       *       *       *       *       *       *

SEC. 3109. LOWER YELLOWSTONE PROJECT, MONTANA.

  [The Secretary may]
  (a) In General.--The Secretary may use funds appropriated to 
carry out the Missouri River recovery and mitigation program to 
assist the Bureau of Reclamation in the design and construction 
of the Lower Yellowstone project of the Bureau, Intake, 
Montana, for the purpose of ecosystem restoration.
  (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. 5018. MISSOURI RIVER AND TRIBUTARIES, MITIGATION, RECOVERY, AND 
                    RESTORATION, IOWA, KANSAS, MISSOURI, MONTANA, 
                    NEBRASKA, NORTH DAKOTA, SOUTH DAKOTA, AND WYOMING.

  (a) Study.--
          (1) In general.--The Secretary, in consultation with 
        the Missouri River Recovery Implementation Committee to 
        be established under subsection (b)(1), shall conduct a 
        study of the Missouri River and its tributaries to 
        determine actions required--
                  (A) to mitigate losses of aquatic and 
                terrestrial habitat;
                  (B) to recover federally listed species under 
                the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.); and
                  (C) to restore the ecosystem to prevent 
                further declines among other native species.
          (2) Funding.--The study to be conducted under 
        paragraph (1) shall be funded using amounts made 
        available to carry out the Missouri River recovery and 
        mitigation plan authorized by section 601(a) of the 
        Water Resources Development Act of 1986 (100 Stat. 
        4143).
  (b) Missouri River Recovery Implementation Committee.--
          (1) Establishment.-- * * *

           *       *       *       *       *       *       *

          (5) Compensation; travel expenses.--
                  (A) Compensation.--Members of the Committee 
                shall not receive compensation from the 
                Secretary in carrying out the duties of the 
                Committee under this section.
                  [(B) Travel expenses.--Travel expenses 
                incurred by a member of the Committee in 
                carrying out the duties of the Committee under 
                this section shall not be eligible for Federal 
                reimbursement.]
                  (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.

           *       *       *       *       *       *       *

SEC. 5056. RIO GRANDE ENVIRONMENTAL MANAGEMENT PROGRAM, COLORADO, NEW 
                    MEXICO, AND TEXAS.

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Rio grande compact.-- * * *

           *       *       *       *       *       *       *

  (b) Program Authority.--
          (1) In general.--The Secretary shall carry out, in 
        the Rio Grande Basin--
                  (A) a program for the planning, construction, 
                and evaluation of measures for fish and 
                wildlife habitat rehabilitation and 
                enhancement; and
                  (B) implementation of a long-term monitoring, 
                computerized data inventory and analysis, 
                applied research, and adaptive management 
                program.
          (2) Reports.--Not later than December 31, [2008] 
        2014, and not later than December 31 of every sixth 
        year thereafter, the Secretary, in consultation with 
        the Secretary of the Interior and the States, shall 
        submit to Congress a report that--

           *       *       *       *       *       *       *

                  (C) provides updates of a systemic habitat 
                needs assessment and an assessment of needs for 
                other related purposes in the Rio Grande Basin, 
                including flood damage reduction; and

           *       *       *       *       *       *       *

  (c) State and Local Consultation and Cooperative Effort.--For 
the purpose of ensuring the coordinated planning and 
implementation of the programs described in subsection (b), the 
Secretary shall--
          (1) consult with the States, and other appropriate 
        entities in the States, the rights and interests of 
        which might be affected by specific program activities; 
        and
          (2) enter into [an interagency agreement with] 1 or 
        more interagency agreements with the Secretary of State 
        and the Secretary of the Interior to provide for the 
        direct participation of, and transfer of funds to, the 
        United States Fish and Wildlife Service and any other 
        agency or bureau of the Department of the Interior  or 
        the U.S. Section of the International Boundary and 
        Water Commission for the planning, design, 
        implementation, and evaluation of those programs.

           *       *       *       *       *       *       *

  (f) Authorization of Appropriations.--There is authorized to 
be appropriated to the Secretary to carry out this section 
$15,000,000 for each of fiscal years 2008 through [2011] 2024.

           *       *       *       *       *       *       *

SEC. 7007. NON-FEDERAL COST SHARE.

  (a) Credit.--The Secretary shall credit, in accordance with 
section 221 of the Flood Control Act 1970 (42 U.S.C. 1962d-5b), 
toward the non-Federal share of the cost of a study , program, 
or project under this title the cost of work carried out in the 
coastal Louisiana ecosystem by the non-Federal interest for the 
project before , on, or after the date of the execution of the 
partnership agreement for the study , program, or project.
  (b) Sources of Funds.--The non-Federal interest may use, and 
the Secretary shall accept, funds provided by a Federal agency 
under any other Federal program, to satisfy, in whole or in 
part, the non-Federal share of the cost of the study , program, 
or project if the Federal agency that provides the funds 
determines that the funds are authorized to be used to carry 
out the study , program, or project.

           *       *       *       *       *       *       *

  [(d) Treatment of Credit Between Projects.--Any credit 
provided under this section toward the non-Federal share of the 
cost of a study or project under this title may be applied 
toward the non-Federal share of the cost of any other study or 
project under this title.]
  (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, program, or 
project under this title may be applied toward the non-Federal 
cost share for any other study, program, or project carried out 
under this title.
  (e) Periodic Monitoring.--
          (1) In general.--To ensure that the contributions of 
        the non-Federal interest equal the non-Federal share of 
        the cost of a study, program, or project under this 
        title during each 5-year period beginning after the 
        date of commencement of the first study, program, or 
        project under this title, the Secretary shall--

           *       *       *       *       *       *       *

SEC. 9004. [33 U.S.C. 3303] INVENTORY AND INSPECTION OF LEVEES.

  (a) Levee Database.--
          (1) In general.--Not later than one year after the 
        date of enactment of this Act, the Secretary shall 
        establish and maintain a database with an inventory of 
        the Nation's levees.
          (2) Contents.--The database shall include--
                  (A) location information of all Federal 
                levees in the Nation (including global 
                information system information) [and, for non-
                Federal levees, such information on levee 
                location as is provided to the Secretary by 
                State and local governmental agencies] and 
                updated levee information provided by States, 
                Indian tribes, Federal agencies, and other 
                entities;

           *       *       *       *       *       *       *

                      RIVER AND HARBOR ACT OF 1960

[33 U.S.C. 577; PUBLIC LAW 86-645--JUL. 14, 1960]

  (a) Allotment from appropriations for construction. That the 
Secretary of the Army is hereby authorized to allot from any 
appropriations hereafter made for rivers and harbors not to 
exceed [$35,000,000] $50,000,000 for any one fiscal year for 
the construction of small river and harbor improvement projects 
not specifically authorized by Congress which will result in 
substantial benefits to navigation and which can be operated 
consistently with appropriate and economic use of the waters of 
the Nation for other purposes, when in the opinion of the Chief 
of Engineers such work is advisable, if benefits are in excess 
of the cost.
  (b) Limitation on allotment. Not more than [$7,000,000] 
$10,000,000 shall be allotted for the construction of a project 
under this section at any single locality and the amount 
allotted shall be sufficient to complete the Federal 
participation in the project under this section.

           *       *       *       *       *       *       *

                      RIVER AND HARBOR ACT OF 1968

[33 U.S.C. 426i; PUBLIC LAW 90-483--AUG. 13, 1968]

SEC. 426I. SHORE DAMAGE PREVENTION OR MITIGATION

  (a) In general.-- * * *

           *       *       *       *       *       *       *

  (c) Requirement for specific authorization.--
  No such project shall be initiated without specific 
authorization by Congress if the Federal first cost exceeds 
[$5,000,000] $10,000,000.

           *       *       *       *       *       *       *

                       FLOOD CONTROL ACT OF 1948

[33 U.S.C. 701s; PUBLIC LAW 80-858--JUN. 30, 1948]

SEC. 701S. SMALL FLOOD CONTROL PROJECTS; APPROPRIATIONS; AMOUNT 
                    LIMITATIONS FOR SINGLE LOCALITY; CONDITIONS

    The Secretary of the Army is authorized to allot from any 
appropriations heretofore or hereafter made for flood control, 
not to exceed $55,000,000 for any one fiscal year, for the 
implementation of small structural and nonstructural projects 
for flood control and related purposes not specifically 
authorized by Congress, which come within the provisions of 
section 701a of this title, when in the opinion of the Chief of 
Engineers such work is advisable. The amount allotted for a 
project shall be sufficient to complete Federal participation 
in the project. Not more than [$7,000,000] $10,000,000 shall be 
allotted under this section for a project at any single 
locality. The provisions of local cooperation specified in 
section 701c of this title shall apply. The work shall be 
complete in itself and not commit the United States to any 
additional improvement to insure its successful operation, 
except as may result from the normal procedure applying to 
projects authorized after submission of preliminary examination 
and survey reports.

           *       *       *       *       *       *       *

                       FLOOD CONTROL ACT OF 1960

[33 U.S.C 709a; PUBLIC LAW 86-645--JUL. 14, 1960]

SEC. 709A. INFORMATION ON FLOODS AND FLOOD DAMAGE

  (a) Compilation and Dissemination.-- * * *

           *       *       *       *       *       *       *

  (d) Fiscal Year Limitation on Expenditures.--
    The Secretary of the Army is authorized to expend not to 
exceed [$15,000,000] $50,000,000 per fiscal year for the 
compilation and dissemination of information under this 
section.

           *       *       *       *       *       *       *

                       FLOOD CONTROL ACT OF 1970

[42 U.S.C 1962d-5b(a)(4); PUBLIC LAW 110-114--NOV 8, 2007]

SEC. 1962D-5B. WRITTEN AGREEMENT REQUIREMENT FOR WATER RESOURCES 
                    PROJECTS

  (a) Cooperation of non-Federal interest.--
          (1) In general.-- * * *

           *       *       *       *       *       *       *

          (4) Credit for in-kind contributions.--
          (A) In general.--A partnership agreement described in 
        paragraph (1) may provide with respect to a project 
        that the Secretary shall credit toward the non-Federal 
        share of the cost of the project, including a project 
        implemented without specific authorization in law or a 
        project under an environmental infrastructure 
        assistance program, the value of in-kind contributions 
        made by the non-Federal interest, including--

           *       *       *       *       *       *       *

          (C) Work performed before partnership agreement.--[In 
        any case in which the non-Federal interest is to 
        receive credit under subparagraph (A)(ii) for the cost 
        of work carried out by the non-Federal interest and 
        such work 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 only work 
        carried out following the execution of the agreement 
        shall be eligible for credit.]
                          (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 the date of 
                                enactment of this subparagraph, 
                                the Secretary and the non-
                                Federal interest shall enter 
                                into an agreement under which 
                                the non-Federal interest shall 
                                carry out such work 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 prior to the non-
                                Federal interest initiating 
                                that planning.
                                  (II) Eligibility.--Planning 
                                that is carried out by the non-
                                Federal interest after the 
                                execution of an agreement to 
                                carry out work described in 
                                subclause (I) shall be eligible 
                                for credit.
                  (D) Limitations.--Credit authorized under 
                this paragraph for a project--
                          (i) shall not exceed the non-Federal 
                        share of the cost of the project;
                          (ii) shall not alter any other 
                        requirement that a non-Federal interest 
                        provide lands, easements, 
                        relocations,rights-of-way, or areas for 
                        disposal of dredged material for the 
                        project;
                          (iii) shall not alter any requirement 
                        that a non-Federal interest pay a 
                        portion of the costs of construction of 
                        the project under sections [101 and 
                        103] sections 101(a)(2) and 
                        103(a)(1)(A) of the Water Resources 
                        Development Act of 1986 (33 U.S.C. 
                        2211(a)(2); 33 U.S.C. 2213(a)(1)(A)) of 
                        the Water Resources Development Act of 
                        1986 (33 U.S.C. 2211; 33 U.S.C. 2213); 
                        and

           *       *       *       *       *       *       *

                  (E) Analysis of costs and benefits.--In the 
                evaluation of the costs and benefits of a 
                project, the Secretary shall not consider 
                construction carried out by a non-Federal 
                interest under this subsection as part of the 
                future without project condition.
                  (F) Transfer of credit between separable 
                elements of a project.--Credit for in-kind 
                contributions provided by a non-Federal 
                interest that are in excess of the non-Federal 
                cost share for an authorized separable element 
                of a project may be applied toward the non-
                Federal cost share for a different authorized 
                separable element of the same project.
                  (G) Application of credit.--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 shall 
                reimburse the difference to the non-Federal 
                interest, subject to the availability of funds.
                  [(E)] (H) Applicability.--
                          (i) In general.--This paragraph shall 
                        apply to water resources projects 
                        authorized after November 16, 1986, 
                        including projectsinitiated after 
                        November 16, 1986, without specific 
                        authorization in law , and to water 
                        resources projects authorized prior to 
                        the date of enactment of the Water 
                        Resources Development Act of 1986 
                        (Public Law 99-662), if correction of 
                        design deficiencies is necessary.
                          [(ii) Limitation.--In any case in 
                        which a specific provision of law 
                        provides for a non-Federal interest to 
                        receive credit toward the non-Federal 
                        share of the cost of a study for, or 
                        construction or operation and 
                        maintenance of, a water resources 
                        project, the specific provision of law 
                        shall apply instead of this paragraph.]
                          (ii) Authorization in addition to 
                        specific credit provision.--In any case 
                        in which a specific provision of law 
                        authorizes credit for in-kind 
                        contributions provided by a non-Federal 
                        interest before the date of execution 
                        of a partnership agreement, the 
                        Secretary may apply the authority 
                        provided in this paragraph to allow 
                        credit for in-kind contributions 
                        provided by the non-Federal interest on 
                        or after the date of execution of the 
                        partnership agreement.

           *       *       *       *       *       *       *

                        WATER SUPPLY ACT OF 1958

[43 U.S.C 390b; PUBLIC LAW 85-500--JUL. 3, 1958]

SEC. 390B. DEVELOPMENT OF WATER SUPPLIES FOR DOMESTIC, MUNICIPAL, 
                    INDUSTRIAL, AND OTHER PURPOSES

  (a) Declaration of policy-- * * *

           *       *       *       *       *       *       *

  [(d) Approval of Congress of modifications of reservoir 
projects Modifications of a reservoir project heretofore 
authorized, surveyed, planned, or constructed to include 
storage as provided in subsection (b) of this section which 
would seriously affect the purposes for which the project was 
authorized, surveyed, planned, or constructed, or which would 
involve major structural or operational changes shall be made 
only upon the approval of Congress as now provided by law.]
  (d) Congressional Approval of Modifications of Reservoir 
Projects.--Congressional approval shall be required for any 
modification that provides storage for municipal or industrial 
water supply at a reservoir project that has been authorized, 
surveyed, planned, or constructed if, when considered 
cumulatively with all previous modifications of the project, 
the modification would--
          (1) seriously affect the purposes for which the 
        project was authorized, surveyed, planned, or 
        constructed;
          (2) involve major structural or operational changes; 
        or
          (3) involve an allocation or reallocation of storage 
        that is equal to or exceeds 5 percent of the 
        conservation storage pool of the project.

           *       *       *       *       *       *       *

 AN ACT AUTHORIZING THE CONSTRUCTION OF CERTAIN PUBLIC WORKS ON RIVERS 
AND HARBORS FOR FLOOD CONTROL, AND FOR OTHER PURPOSES

           *       *       *       *       *       *       *

[33 U.S.C. 701n(a)(1); PUBLIC LAW 95-51--JUN. 20, 1977]

SEC. 701N. EMERGENCY RESPONSE TO NATURAL DISASTERS

  (a) Emergency fund--
          (1) There is authorized an emergency fund to be 
        expended in preparation for emergency response to any 
        natural disaster, in flood fighting and rescue 
        operations, or in the repair or restoration of any 
        flood control work threatened or destroyed by flood, 
        including the strengthening, raising, extending, or 
        other modification thereof as may be necessary in the 
        discretion of the Chief of Engineers for the adequate 
        functioning of the work for flood control, or in 
        implementation of nonstructural alternatives to the 
        repair or restoration of such flood control work if 
        requested by the non-Federal sponsor; in the emergency 
        protection of federally authorized hurricane or shore 
        protection being threatened when in the discretion of 
        the Chief of Engineers such protection is warranted to 
        protect against imminent and substantial loss to life 
        and property; in the repair and restoration of any 
        federally authorized hurricane or shore protective 
        [structure damaged or destroyed by wind, wave, or water 
        action of other thanan 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] 
        structure or project damaged or destroyed by wind, 
        wave, or water action of other than an ordinary nature 
        to the design level of protection when, in the 
        discretion of the Chief of Engineers, such repair and 
        restoration is warranted for the adequate functioning 
        of the structure or project for hurricane or shore 
        protection, subject to the condition that the Chief of 
        Engineers may include modifications to the structure or 
        project to address major deficiencies. The emergency 
        fund may also be expended for emergency dredging for 
        restoration of authorized project depths for Federal 
        navigable channels and waterways made necessary by 
        flood, drought, earthquake, or other natural disasters. 
        In any case in which the Chief of Engineers is 
        otherwise performing work under this section in an area 
        for which the Governor of the affected State has 
        requested a determination that an emergency exists or a 
        declaration that a major disaster exists under the 
        Disaster Relief and Emergency Assistance Act [42 U.S.C. 
        5121 et seq.], the Chief of Engineers is further 
        authorized to perform on public and private lands and 
        waters for a period of ten days following the 
        Governor's request any emergency work made necessary by 
        such emergency or disaster which is essential for the 
        preservation of life and property, including, but not 
        limited to, channel clearance, emergency shore 
        protection, clearance and removal of debris and 
        wreckage endangering public health and safety, and 
        temporary restoration of essential public facilities 
        and services. The Chief of Engineers, in the exercise 
        of his discretion, is further authorized to provide 
        emergency supplies of clean water, on such terms as he 
        determines to be advisable, to any locality which he 
        finds is confronted with a source of contaminated water 
        causing or likely to cause a substantial threat to the 
        public health and welfare of the inhabitants of the 
        locality. The appropriation of such moneys for the 
        initial establishment of this fund and for its 
        replenishment on an annual basis, is authorized: 
        Provided, That pending the appropriation of sums to 
        such emergency fund, the Secretary of the Army may 
        allot, from existing flood-control appropriations, such 
        sums as may be necessary for the immediate prosecution 
        of the work herein authorized, such appropriations to 
        be reimbursed from the appropriation herein authorized 
        when made. The Chief of Engineers is authorized, in the 
        prosecution of work in connection with rescue 
        operations, or in conducting other flood emergency 
        work, to acquire on a rental basis such motor vehicles, 
        including passenger cars and buses, as in his 
        discretion are deemed necessary.

           *       *       *       *       *       *       *

                                TITLE I

                CHAPTER IV--DEPARTMENT OF DEFENSE-CIVIL

[33 U.S.C. 569c; PUBLIC LAW 98-63]

SEC. 569C. SERVICES OF VOLUNTEERS

  The United States Army Chief of Engineers may accept the 
services of volunteers and provide for their incidental 
expenses , including expenses relating to uniforms, 
transportation, lodging, and the subsistence of those 
volunteers, without regard to the place of residence of the 
volunteers, to carry out any activity of the Army Corps of 
Engineers except policy making or law or regulatory 
enforcement. The Chief of Engineers may also provide awards of 
up to $100 in value to volunteers in recognition of the 
services of the volunteers. Such volunteers shall not be 
employees of the United States Government except for the 
purposes of (1) chapter 171 of title 28, relating to tort 
claims, and (2) chapter 81 of title 5, relating to compensation 
for work injuries.

           *       *       *       *       *       *       *

    TITLE I--INDIAN SELF-DETERMINATION AND EDUCATION ASSIASTANCE ACT

      Sec. 101. This title may be cited as the ``Indian Self-
Determination Act''. [25 U.S.C. 450 note]
      Sec. 102. [25 U.S.C. 450f] (a)(1) The Secretary is 
directed, upon the request of any Indian tribe by tribal 
resolution, to enter into a self-determination contract or 
contracts with a tribal organization to plan, conduct, and 
administer programs or portions thereof, including construction 
programs--
          (A) * * *

           *       *       *       *       *       *       *

      Sec. 106. [25 U.S.C. 450j-1] (a)(1) The amount of funds 
provided under the terms of self-determination contracts 
entered into pursuant to this Act shall not be less than the 
appropriate Secretary would have otherwise provided for the 
operation of the programs or portions thereof for the period 
covered by the contract, without regard to any organizational 
level within the Department of the Interior or the Department 
of Health and Human Services, as appropriate, at which the 
program, function, service, or activity or portion thereof, 
including supportive administrative functions that are 
otherwise contractable, is operated.
      (2) * * *

           *       *       *       *       *       *       *

  (k) Without intending any limitation, a tribal organization 
may, without the approval of the Secretary, expend funds 
provided under a self-determination contract for the following 
purposes, to the extent that the expenditure of the funds is 
supportive of a contracted program:
          (1) * * *

           *       *       *       *       *       *       *

          (12) Costs associated with the management of pension 
        funds, self-insurance funds, and other funds of the 
        tribal organization that provide for participation by 
        the Federal Government.
          (13) Interest payments, the retirement of principal, 
        the costs of issuance, and the costs of insurance or a 
        similar credit support for a debt financing instrument, 
        the proceeds of which are used to support a contracted 
        construction project.

           *       *       *       *       *       *       *

 ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2009

[123 STAT. 608; PUBLIC LAW 111-8--MAR. 11, 2009]

      Sec. 116. The Colorado Department of Natural Resources 
(or a designee of the Department) is authorized to perform 
modifications of the facility (Chatfield Reservoir, Colorado), 
and any required mitigation which results from implementation 
of the project: Provided, That in carrying out the reassignment 
of storage space provided for in this section, theSecretary 
shall collaborate with the Colorado Department of Natural 
Resources and local interests to determine costs to be repaid 
for storage that reflects the limited reliability of the 
resources and the capability of non-Federal interests to make 
use of the reallocated storage space in Chatfield Reservoir, 
Colorado.

           *       *       *       *       *       *       *

         ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 1998

[111 STAT. 1327; PUBLIC LAW 105-62--OCT. 13, 1997]

                                TITLE I

GREEN BROOK SUB-BASIN FLOOD CONTROL PROJECT, NEW JERSEY

      [Sec. 102. No funds made available under this Act or any 
other Act for any fiscal year may be used by the Secretary of 
the Army to construct the Oak Way detention structure or the 
Sky Top detention structure in Berkeley Heights, New Jersey, as 
part of the project for flood control, Green Brook Sub-Basin, 
Raritan River Basin, New Jersey, authorized by section 401(a) 
of the Water Resources Development Act of 1986 (Public Law 99-
662; 100 Stat. 4119).]

           *       *       *       *       *       *       *

                     INTERNAL REVENUE CODE OF 1986

(26 U.S.C. 9505; PUBLIC LAW 108-234--MAY. 28, 2004)

 SEC. 9505. HARBOR MAINTENANCE TRUST FUND

  (a) Creation of Trust Fund.-- * * *

           *       *       *       *       *       *       *

  (c) Expenditures from Harbor Maintenance Trust Fund.-- 
Amounts in the Harbor Maintenance Trust Fund shall be 
available, as provided by appropriation Acts, for making 
expenditures -
          (1) to carry out section 210 of the Water Resources 
        Development Act of 1986 ([as in effect on the date of 
        the enactment of the Water Resources Development Act of 
        1996] as in effect on the date of the enactment of the 
        Harbor Maintenance Trust Fund Act of 2013),

           *       *       *       *       *       *       *

                    NATIONAL DAM SAFETY PROGRAM ACT

[33 U.S.C. 467 nt); PUBLIC LAW 109-460--DEC. 22, 2006]

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``National Dam Safety Program 
Act''.

SEC. 2. DEFINITIONS.

  In this Act, the following definitions apply:
          (1) Administrator.--The term `Administrator' means 
        the Administrator of the Federal Emergency Management 
        Agency.
          [(1)] (2) Board.--The term ``Board'' means a National 
        Dam Safety Review Board established under section 8(f).
          [(2)] (3) Dam.--The term ``dam''--
                  (A) means any artificial barrier that has the 
                ability to impound water, wastewater, or any 
                liquid-borne material, for the purpose of 
                storage or control of water, that--
                          (i) is 25 feet or more in height 
                        from--
                                  (I) the natural bed of the 
                                stream channel or watercourse 
                                measured at the downstream toe 
                                of the barrier; or
                                  (II) if the barrier is not 
                                across a stream channel or 
                                watercourse, from the lowest 
                                elevation of the outside limit 
                                of the barrier;
                        to the maximum water storage elevation; 
                        or
                          (ii) has an impounding capacity for 
                        maximum storage elevation of 50 acre-
                        feet or more; but
                  (B) does not include--
                          (i) a levee; or
                          (ii) a barrier described in 
                        subparagraph (A) that--
                                  (I) is 6 feet or less in 
                                height regardless of storage 
                                capacity; or
                                  (II) has a storage capacity 
                                at the maximum water storage 
                                elevation that is 15 acre-feet 
                                or less regardless of height;
                        unless the barrier, because of the 
                        location of the barrier or another 
                        physical characteristic of the barrier, 
                        is likely to pose a significant threat 
                        to human life or property if the 
                        barrier fails (as determined by the 
                        [Director] Administrator).
          [(3) [Director] Administrator.--The term ``[Director] 
        Administrator'' means the [Director] Administrator of 
        FEMA.]
          (4) Federal agency.--The term ``Federal agency'' 
        means a Federal agency that designs, finances, 
        constructs, owns, operates, maintains, or regulates the 
        construction, operation, or maintenance of a dam.
          (5) Federal guidelines for dam safety.--The term 
        ``Federal Guidelines for Dam Safety'' means the FEMA 
        publication, numbered 93 and dated June 1979, that 
        defines management practices for dam safety at all 
        Federal agencies.
          (6) FEMA.--The term ``FEMA'' means the Federal 
        Emergency Management Agency.
          (7) Hazard reduction.--The term ``hazard reduction'' 
        means the reduction in the potential consequences to 
        life and property of dam failure.
          (8) ICODS.--The term ``ICODS'' means the Interagency 
        Committee on Dam Safety established by section 7.
          (9) Program.--The term ``Program'' means the national 
        dam safety program established under section 8.
          (10) State.--The term ``State'' means each of the 
        several States of the United States, the District of 
        Columbia, the Commonwealth of Puerto Rico, the Virgin 
        Islands, Guam, American Samoa, the Commonwealth of the 
        Northern Mariana Islands, and any other territory or 
        possession of the United States.
          (11) State dam safety agency.--The term ``State dam 
        safety agency'' means a State agency that has 
        regulatory authority over the safety of non-Federal 
        dams.
          (12) State dam safety program.--The term ``State dam 
        safety program'' means a State dam safety program 
        approved and assisted under section 8(e).
          (13) United states.--The term ``United States'', when 
        used in a geographical sense, means all of the States.

SEC. 3. INSPECTION OF DAMS.

  (a) In General.--As soon as practicable, the Secretary of the 
Army, acting through the Chief of Engineers, shall carry out a 
national program of inspection of dams for the purpose of 
protecting human life and property. All dams in the United 
States shall be inspected by the Secretary except (1) dams 
under the jurisdiction of the Bureau of Reclamation, the 
Tennessee Valley Authority, or the International Boundary and 
Water Commission, (2) dams which have been constructed pursuant 
to licenses issued under the authority of the Federal Power 
Act, (3) dams which have been inspected within the twelve-month 
period immediately prior to the enactment of this Act by a 
State agency and which the Governor of such State requests be 
excluded from inspection, and (4) dams which the Secretary of 
the Army determines do not pose any threat to human life or 
property. The Secretary may inspect dams which have been 
licensed under the Federal Power Act upon request of the 
Federal Power Commission and dams under the jurisdiction of the 
International Boundary and Water Commission upon request of 
such Commission.
  (b) State Participation.--On request of a State dam safety 
agency, with respect to any dam the failure of which would 
affect the State, the head of a Federal agency shall--
          (1) provide information to the State dam safety 
        agency on the construction, operation, [or 
        maintenance]maintenance, condition, or provisions for 
        emergency operations of the dam; or
          (2) allow any official of the State dam safety agency 
        to participate in the Federal inspection of the dam.

SEC. 4. INVESTIGATION REPORTS TO GOVERNORS.

  As soon as practicable after inspection of a dam, the 
Secretary shall notify the Governor of the State in which such 
dam is located the results of such investigation. In any case 
in which any hazardous conditions are found during an 
inspection, upon request by the owner, the Secretary, acting 
through the Chief of Engineers, may perform detailed 
engineering studies to determine the structural integrity of 
the dam, subject to reimbursement of such expense by the owner 
of such dam. The Secretary shall immediately notify the 
Governor of any hazardous conditions found during an 
inspection. The Secretary shall provide advice to the Governor, 
upon request, relating to timely remedial measures necessary to 
mitigate or obviate any hazardous conditions found during an 
inspection.

SEC. 5. DETERMINATION OF DANGER TO HUMAN LIFE AND PROPERTY.

  For the purpose of determining whether a dam (including the 
waters impounded by such dam) constitutes a danger to human 
life or property, the Secretary shall take into consideration 
the possibility that the dam might be endangered by 
overtopping, seepage, settlement, erosion, sediment, cracking, 
earth movement, earthquakes, failure of bulkheads, flashboard, 
gates on conduits, or other conditions which exist or which 
might occur in any area in the vicinity of the dam.

SEC. 6. NATIONAL DAM INVENTORY.

  The Secretary of the Army shall maintain and update 
information on the inventory of dams in the United States. Such 
inventory of dams shall include any available information 
assessing each dam based on inspections completed by either a 
Federal agency or a State dam safety agency.

SEC. 7. INTERAGENCY COMMITTEE ON DAM SAFETY.

  (a) Establishment.--There is established an Interagency 
Committee on Dam Safety--
          (1) comprised of a representative of each of the 
        Department of Agriculture, the Department of Defense, 
        the Department of Energy, the Department of the 
        Interior, the Department of Labor, FEMA, the Federal 
        Energy Regulatory Commission, the Nuclear Regulatory 
        Commission, the Tennessee Valley Authority, and the 
        United States Section of the International Boundary 
        Commission; and
          (2) chaired by the [Director] Administrator.
  (b) Duties.--ICODS shall encourage the establishment and 
maintenance of effective Federal programs, policies, and 
guidelines intended to enhance dam safety for the protection of 
human life and property through coordination and information 
exchange among Federal agencies concerning implementation of 
the Federal Guidelines for Dam Safety.

SEC. 8. NATIONAL DAM SAFETY PROGRAM.

  (a) In General.--The [Director] Administrator, in 
consultation with ICODS and State dam safety agencies, and the 
Board shall establish and maintain, in accordance with this 
section, a coordinated national dam safety program. The Program 
shall--
          (1) be administered by FEMA to achieve the objectives 
        set forth in subsection (c);
          (2) involve, to the extent appropriate, each Federal 
        agency; and
          (3) include--
                  (A) each of the components described in 
                subsection (d);
                  (B) the strategic plan described in 
                subsection (b); and
                  (C) assistance for State dam safety programs 
                described in subsection (e).
  (b) Duties.--The [Director] Administrator shall prepare a 
strategic plan--
          (1) to establish goals, priorities, performance 
        measures, and target dates toward effectively 
        administering this Act in order to improve the safety 
        of dams in the United States; and
          (2) to the extent feasible, to establish cooperation 
        and coordination with, and assistance to, interested 
        governmental entities in all States.
  (c) Objectives.--The objectives of the Program are to--
          (1) ensure that new and existing dams are safe 
        through the development of technologically and 
        economically feasible programs and procedures for 
        national dam safety hazard reduction;
          (2) encourage acceptable engineering policies and 
        procedures to be used for dam site investigation, 
        design, construction, operation and maintenance, and 
        emergency preparedness;
          (3) encourage the establishment and implementation of 
        effective dam safety programs in each State based on 
        State standards;
          [(4) develop and encourage public awareness projects 
        to increase public acceptance and support of State dam 
        safety programs;]
          (4) develop and implement a comprehensive dam safety 
        hazard education and public awareness program to assist 
        the public in preparing for, mitigating, responding to, 
        and recovering from dam incidents;
          (5) develop technical assistance materials for 
        Federal and non-Federal dam safety programs;
          (6) develop mechanisms with which to provide Federal 
        technical assistance for dam safety to the non-Federal 
        sector; and
          (7) develop technical assistance materials, seminars, 
        and guidelines to improve security for dams in the 
        United States.
  (d) Components.--
          (1) In general.--The Program shall consist of--
                  (A) a Federal element and a non-Federal 
                element; and
                  (B) leadership activity, technical assistance 
                activity, and public awareness activity.
          (2) Elements.--
                  (A) Federal.--The Federal element shall 
                incorporate the activities and practices 
                carried out by Federal agencies under section 7 
                to implement the Federal Guidelines for Dam 
                Safety.
                  (B) Non-federal.--The non-Federal element 
                shall consist of--
                          (i) the activities and practices 
                        carried out by States, local 
                        governments, and the private sector to 
                        safely build, regulate, operate, and 
                        maintain dams; and
                          (ii) Federal activities that foster 
                        State efforts to develop and implement 
                        effective programs for the safety of 
                        dams.
          (3) Functional activities.--
                  (A) Leadership.--The leadership activity 
                shall be the responsibility of FEMA and shall 
                be exercised by chairing the Board to 
                coordinate national efforts to improve the 
                safety of the dams in the United States.
                  (B) Technical assistance.--The technical 
                assistance activity shall consist of the 
                transfer of knowledge and technical information 
                among the Federal and non-Federal elements 
                described in paragraph (2).
                  (C) Public awareness.--The public awareness 
                activity shall provide for the education of the 
                public, including State and local officials, in 
                the hazards of dam failure, methods of reducing 
                the adverse consequences of dam failure, and 
                related matters.
  (e) Assistance for State Dam Safety Programs.--
          (1) In general.--To encourage the establishment and 
        maintenance of effective State programs intended to 
        ensure dam safety, to protect human life and property, 
        and to improve State dam safety programs, the 
        [Director] Administrator shall provide assistance with 
        amounts made available under section 13 to assist 
        States in establishing, maintaining, and improving dam 
        safety programs in accordance with the criteria 
        specified in paragraph (2).
          (2) Criteria and budgeting requirement.--For a State 
        to be eligible for assistance under this subsection, a 
        State dam safety program must be working toward meeting 
        the following criteria and budgeting requirement:
                  (A) Criteria.--A State dam safety program 
                must be authorized by State legislation to 
                include, at a minimum--
                          (i) the authority to review and 
                        approve plans and specifications to 
                        construct, enlarge, modify, remove, and 
                        abandon dams;
                          (ii) the authority to perform 
                        periodic inspections during dam 
                        construction to ensure compliance with 
                        approved plans and specifications;
                          (iii) a requirement that, on 
                        completion of dam construction, State 
                        approval must be given before operation 
                        of the dam;
                          (iv) the authority to require or 
                        perform periodic evaluations of all 
                        dams and reservoirs to determine the 
                        extent of the threat to human life and 
                        property in case of failure;
                          (v)(I) the authority to require or 
                        perform the inspection, at least once 
                        every 5 years, of all dams and 
                        reservoirs that would pose a 
                        significant threat to human life and 
                        property in case of failure to 
                        determine the continued safety of the 
                        dams and reservoirs; and
                          (II) a procedure for more detailed 
                        and frequent safety inspections;
                          (vi) a requirement that all 
                        inspections be performed under the 
                        supervision of a State-registered 
                        professional engineer with related 
                        experience in dam design and 
                        construction;
                          (vii) the authority to issue notices, 
                        when appropriate, to require owners of 
                        dams to perform necessary maintenance 
                        or remedial work, install and monitor 
                        instrumentation, improve security, 
                        revise operating procedures, or take 
                        other actions, including breaching dams 
                        when necessary;
                          (viii) regulations for carrying out 
                        the legislation of the State described 
                        in this subparagraph;
                          (ix) provision for necessary funds--
                                  (I) to ensure timely repairs 
                                or other changes to, or removal 
                                of, a dam in order to protect 
                                human life and property; and
                                  (II) if the owner of the dam 
                                does not take action described 
                                in subclause (I), to take 
                                appropriate action as 
                                expeditiously as practicable;
                          (x) a system of emergency procedures 
                        to be used if a dam fails or if the 
                        failure of a dam is imminent; and
                          (xi) an identification of--
                                  (I) each dam the failure of 
                                which could be reasonably 
                                expected to endanger human 
                                life;
                                  (II) the maximum area that 
                                could be flooded if the dam 
                                failed; and
                                  (III) necessary public 
                                facilities that would be 
                                affected by the flooding.
                  (B) Budgeting requirement.--For a State to be 
                eligible for assistance under this subsection, 
                State appropriations must be budgeted to carry 
                out the legislation of the State under 
                subparagraph (A).
          (3) Work plans.--The [Director] Administrator shall 
        enter into a agreement with each State receiving 
        assistance under paragraph (2) to develop a work plan 
        necessary for the State dam safety program to reach a 
        level of program performance specified in the 
        agreement.
          (4) Maintenance of effort.--Assistance may not be 
        provided to a State under this subsection for a fiscal 
        year unless the State enters into such agreement with 
        the [Director] Administrator as the [Director] 
        Administrator requires to ensure that the State will 
        maintain the aggregate expenditures of the State from 
        all other sources for programs to ensure dam safety for 
        the protection of human life and property at or above a 
        level equal to the average annual level of such 
        expenditures for the 2 fiscal years preceding the 
        fiscal year.
          (5) Approval of programs.--
                  (A) Submission.--For a State to be eligible 
                for assistance under this subsection, a plan 
                for a State dam safety program shall be 
                submitted to the [Director] Administrator for 
                approval.
                  (B) Approval.--A State dam safety program 
                shall be deemed to be approved 120 days after 
                the date of receipt by the [Director] 
                Administrator unless the [Director] 
                Administrator determines within the 120-day 
                period that the State dam safety program fails 
                to meet the requirements of paragraphs (1) 
                through (3).
                  (C) Notification of disapproval.--If the [ 
                Director] Administrator determines that a State 
                dam safety program does not meet the 
                requirements for approval, the [ Director] 
                Administrator shall immediately notify the 
                State in writing and provide the reasons for 
                the determination and the changes that are 
                necessary for the plan to be approved.
          (6) Review of state dam safety programs.--Using the 
        expertise of the Board, the [Director] Administrator 
        shall periodically review State dam safety programs. If 
        the Board finds that a State dam safety program has 
        proven inadequate to reasonably protect human life and 
        property and the [Director] Administrator concurs, the 
        [ Director] Administrator shall revoke approval of the 
        State dam safety program, and withhold assistance under 
        this subsection, until the State dam safety program 
        again meets the requirements for approval.
  (f) Board.--
          (1) Establishment.--The [Director] Administrator 
        shall establish an advisory board to be known as the 
        ``National Dam Safety Review Board'' to monitor the 
        safety of dams in the United States, to monitor State 
        implementation of this section, and to advise the 
        [Director] Administratoron national dam safety policy.
          (2) Authority.--The Board may use the expertise of 
        Federal agencies and enter into contracts for necessary 
        studies to carry out this section.
          (3) Voting membership.--The Board shall consist of 11 
        voting members selected by the [Director] 
        Administratorfor expertise in dam safety, of whom--
                  (A) 1 member shall represent the Department 
                of Agriculture;
                  (B) 1 member shall represent the Department 
                of Defense;
                  (C) 1 member shall represent the Department 
                of the Interior;
                  (D) 1 member shall represent FEMA;
                  (E) 1 member shall represent the Federal 
                Energy Regulatory Commission;
                  (F) 5 members shall be selected by the 
                [Director] Administrator from among State dam 
                safety officials; and
                  (G) 1 member shall be selected by the 
                [Director] Administrator to represent the 
                private sector.
          (4) Nonvoting membership.--The 
        [Director]Administrator, in consultation with the 
        Board, may invite a representative of the National 
        Laboratories of the Department of Energy and may invite 
        representatives from Federal or State agencies, 
        representatives from nongovernmental organizations, or 
        dam safety experts, as needed, to participate in 
        meetings of the Board.
          (5) Duties.--
                  (A) In general.--The Board shall encourage 
                the establishment and maintenance of effective 
                programs, policies, and guidelines to enhance 
                dam safety for the protection of human life and 
                property throughout the United States.
                  (B) Coordination and information exchange 
                among agencies.--In carrying out subparagraph 
                (A), the Board shall encourage coordination and 
                information exchange among Federal and State 
                dam safety agencies that share common problems 
                and responsibilities for dam safety, including 
                planning, design, construction, operation, 
                emergency action planning, inspections, 
                maintenance, regulation or licensing, technical 
                or financial assistance, research, and data 
                management.
          (6) Work groups.--The [Director] Administrator may 
        establish work groups under the Board to assist the 
        Board in accomplishing its goals. The work groups shall 
        consist of members of the Board and other individuals 
        selected by the [Director].Administrator
          (7) Compensation of members.--
                  (A) Federal employees.--Each member of the 
                Board who is an officer or employee of the 
                United States shall serve without compensation 
                in addition to compensation received for the 
                services of the member as an officer or 
                employee of the United States.
                  (B) Other members.--Each member of the Board 
                who is not an officer or employee of the United 
                States shall serve without compensation.
          (8) Travel expenses.--
                  (A) Representatives of federal agencies.--To 
                the extent amounts are made available in 
                advance in appropriations Acts, each member of 
                the Board who represents a Federal agency shall 
                be reimbursed of appropriations for travel 
                expenses by his or her agency, including per 
                diem in lieu of subsistence, 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 services for the Board.
                  (B) Other individuals.--To the extent amounts 
                are made available in advance in appropriations 
                Acts, each member of the Board who represents a 
                State agency, the member of the Board who 
                represents the private sector, and each member 
                of a work group created under paragraph (1) 
                shall be reimbursed for travel expenses by 
                FEMA, including per diem in lieu of 
                subsistence, at rates authorized for an 
                employee of an agency under subchapter I of 
                chapter 57 of title 5, United States Code, 
                while away from home or regular place of 
                business of the member in performance of 
                services for the Board.
          (9) Applicability of federal advisory committee 
        act.--The Federal Advisory Committee Act (5 U.S.C. 
        App.) shall not apply to the Board.

SEC. 9. RESEARCH.

  (a) In General.--The Director, in cooperation with the Board, 
shall carry out a program of technical and archival research to 
develop and support--
          (1) improved techniques, historical experience, and 
        equipment for rapid and effective dam construction, 
        rehabilitation, and inspection;
          (2) devices for the continued monitoring of the 
        safety of dams;
          (3) development and maintenance of information 
        resources systems needed to support managing the safety 
        of dams; and
          (4) initiatives to guide the formulation of effective 
        public policy and advance improvements in dam safety 
        engineering, security, and management.
  (b) Consultation.--The [ Director] Administrator shall 
provide for State participation in research under subsection 
(a) and periodically advise all States and Congress of the 
results of the research.

SEC. 10. DAM SAFETY TRAINING.

  At the request of any State that has or intends to develop a 
State dam safety program, the [Director] Administrator shall 
provide training for State dam safety staff and inspectors.

(33 U.S.C. 467g-1)

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 
carry out a nationwide public awareness and outreach program to 
assist the public in preparing for, mitigating, responding to, 
and recovering from dam incidents.

SEC. [11] 12 . REPORTS.

  Not later than 90 days after the end of each odd-numbered 
fiscal year, the [ Director] Administrator shall submit a 
report to Congress that--
          (1) describes the status of the Program;
          (2) describes the progress achieved by Federal 
        agencies during the 2 preceding fiscal years in 
        implementing the Federal Guidelines for Dam Safety;
          (3) describes the progress achieved in dam safety by 
        States participating in the Program; and
          (4) includes any recommendations for legislative and 
        other action that the [Director] Administrator 
        considers necessary.

(33 U.S.C. 467h)

SEC. [ 12 ] 13. STATUTORY CONSTRUCTION.

  Nothing in this Act and no action or failure to act under 
this Act shall--
          (1) create any liability in the United States or its 
        officers or employees for the recovery of damages 
        caused by such action or failure to act;
          (2) relieve an owner or operator of a dam of the 
        legal duties, obligations, or liabilities incident to 
        the ownership or operation of the dam; or
          (3) preempt any other Federal or State law.

(33 U.S.C. 467i)

SEC. [ 13 ] 14. AUTHORIZATION OF APPROPRIATIONS.

  (a) National Dam Safety Program.--
          (1) Annual amounts.--There are authorized to be 
        appropriated to FEMA to carry out sections 7, 8, and 11 
        (in addition to any amounts made available for similar 
        purposes included in any other Act and amounts made 
        available under subsections (b) through (e)), 
        [$6,500,000 for fiscal year 2007, $7,100,000 for fiscal 
        year 2008, $7,600,000 for fiscal year 2009, $8,300,000 
        for fiscal year 2010, and $9,200,000 for fiscal year 
        2011] $9,200,000 for each of fiscal years 2014 through 
        2018, to remain available until expended.
          (2) Allocation.--
                  (A) In general.--Subject to subparagraphs (B) 
                and (C), for each fiscal year, amounts made 
                available under this subsection to carry out 
                section 8 shall be allocated among the States 
                as follows:
                          (i) One-third among States that 
                        qualify for assistance under section 
                        8(e).
                          (ii) Two-thirds among States that 
                        qualify for assistance under section 
                        8(e), to each such State in proportion 
                        to--
                                  (I) the number of dams in the 
                                State that are listed as State-
                                regulated dams on the inventory 
                                of dams maintained under 
                                section 6; as compared to
                                  (II) the number of dams in 
                                all States that are listed as 
                                State-regulated dams on the 
                                inventory of dams maintained 
                                under section 6.
                  (B) Maximum amount of allocation.--[The 
                amount]
                          (i) In general.--The amount of funds 
                        allocated to a State under this 
                        paragraph may not exceed 50 percent of 
                        the reasonable cost of implementing the 
                        State dam safety program.
                          (ii) Fiscal year 2014 and subsequent 
                        fiscal years.--For fiscal year 2014 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.
                  (C) Determination.--The 
                [Director]Administrator and the Board shall 
                determine the amount allocated to States.
  (b) National Dam Inventory.--There is authorized to be 
appropriated to carry out section 6 [$650,000 for fiscal year 
2007, $700,000 for fiscal year 2008, $750,000 for fiscal year 
2009, $800,000 for fiscal year 2010, and $850,000 for fiscal 
year 2011] $500,000 for each of fiscal years 2014 through 2018.
  (c) Public Awareness.--There is authorized to be appropriated 
to carry out section 11 $1,000,000 for each of fiscal years 
2014 through 2018.
  [(c)] (d) Research.--There is authorized to be appropriated 
to carry out section 9 [$1,600,000 for fiscal year 2007, 
$1,700,000 for fiscal year 2008, $1,800,000 for fiscal year 
2009, $1,900,000 for fiscal year 2010, and $2,000,000 for 
fiscal year 2011] ``$1,450,000 for each of fiscal years 2014 
through 2018, to remain until expended.
  [(d)] (e) Dam Safety Training.--There is authorized to be 
appropriated to carry out section 10 [$550,000 for fiscal year 
2007, $600,000 for fiscal year 2008, $650,000 for fiscal year 
2009, $700,000 for fiscal year 2010, and $750,000 for fiscal 
year 2011] $750,000 for each of fiscal years 2014 through 2018.
  [(e)] (f) Staff.--There is authorized to be appropriated to 
FEMA for the employment of such additional staff personnel as 
are necessary to carry out sections 8 through 10 [$700,000 for 
fiscal year 2007, $800,000 for fiscal year 2008, $900,000 for 
fiscal year 2009, $1,000,000 for fiscal year 2010, and 
$1,100,000 for fiscal year 2011] $1,000,000 for each of fiscal 
years 2014 through 2018.
  [(f)] (g) Limitation on Use of Amounts.--Amounts made 
available under this Act may not be used to construct or repair 
any Federal or non-Federal dam.

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