113TH CONGRESS 

1ST SESSION S. 601 

AN ACT 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

†S 601 ES

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Water Resources Development Act of 2013’’. 

4 (b) TABLE OF CONTENTS.—The table of contents of 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—WATER RESOURCE PROJECTS 

Sec. 1001. Purposes. 

Sec. 1002. Project authorizations. 

Sec. 1003. Project review. 

Sec. 1004. Future project authorizations. 

TITLE II—WATER RESOURCES POLICY REFORMS 

Sec. 2001. Purposes. 

Sec. 2002. Safety assurance review. 

Sec. 2003. Continuing authority programs. 

Sec. 2004. Continuing authority program prioritization. 

Sec. 2005. Fish and wildlife mitigation. 

Sec. 2006. Mitigation status report. 

Sec. 2007. Independent peer review. 

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

Sec. 2009. Hydropower at Corps of Engineers facilities. 

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

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

Sec. 2012. Credit for in-kind contributions. 

Sec. 2013. Credit in lieu of reimbursement. 

Sec. 2014. Dam optimization. 

Sec. 2015. Water supply. 

Sec. 2016. Report on water storage pricing formulas. 

Sec. 2017. Clarification of previously authorized work. 

Sec. 2018. Consideration of Federal land in feasibility studies. 

Sec. 2019. Planning assistance to States. 

Sec. 2020. Vegetation management policy. 

Sec. 2021. Levee certifications. 

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

Sec. 2023. Operation and maintenance of certain projects. 

Sec. 2024. Dredging study. 

Sec. 2025. Non-Federal project implementation pilot program. 

Sec. 2026. Non-Federal implementation of feasibility studies. 

Sec. 2027. Tribal partnership program. 

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

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

Sec. 2030. Beach nourishment. 

Sec. 2031. Regional sediment management. 

Sec. 2032. Study acceleration. 
3 

†S 601 ES

Sec. 2033. Project acceleration. 

Sec. 2034. Feasibility studies. 

Sec. 2035. Accounting and administrative expenses. 

Sec. 2036. Determination of project completion. 

Sec. 2037. Project partnership agreements. 

Sec. 2038. Interagency and international support authority. 

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

Sec. 2040. Emergency response to natural disasters. 

Sec. 2041. Systemwide improvement frameworks. 

Sec. 2042. Funding to process permits. 

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

pilot program. 

Sec. 2044. Hurricane and storm damage risk reduction prioritization. 

Sec. 2045. Prioritization of ecosystem restoration efforts. 

Sec. 2046. Special use permits. 

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

Sec. 2048. Corrosion prevention. 

Sec. 2049. Project deauthorizations. 

Sec. 2050. Reports to Congress. 

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

amendment. 

Sec. 2052. Invasive species review. 

Sec. 2053. Wetlands conservation study. 

Sec. 2054. Dam modification study. 

Sec. 2055. Non-Federal plans to provide additional flood risk reduction. 

Sec. 2056. Mississippi River forecasting improvements. 

Sec. 2057. Flexibility in maintaining navigation. 

Sec. 2058. Restricted areas at Corps of Engineers dams. 

Sec. 2059. Maximum cost of projects. 

Sec. 2060. Donald G. Waldon Lock and Dam. 

Sec. 2061. Improving planning and administration of water supply storage. 

Sec. 2062. Crediting authority for Federally authorized navigation projects. 

Sec. 2063. River basin commissions. 

Sec. 2064. Restriction on charges for certain surplus water. 

TITLE III—PROJECT MODIFICATIONS 

Sec. 3001. Purpose. 

Sec. 3002. Chatfield Reservoir, Colorado. 

Sec. 3003. Missouri River Recovery Implementation Committee expenses reimbursement. 

Sec. 3004. Hurricane and storm damage reduction study. 

Sec. 3005. Lower Yellowstone Project, Montana. 

Sec. 3006. Project deauthorizations. 

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

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

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

Sec. 3010. Land conveyance of Hammond Boat Basin, Warrenton, Oregon. 

Sec. 3011. Metro East Flood Risk Management Program, Illinois. 

Sec. 3012. Florida Keys water quality improvements. 

Sec. 3013. Des Moines Recreational River and Greenbelt, Iowa. 

Sec. 3014. Land conveyance, Craney Island Dredged Material Management 

Area, Portsmouth, Virginia. 

Sec. 3015. Los Angeles County Drainage Area, California. 

Sec. 3016. Oakland Inner Harbor Tidal Canal, California. 
4 

†S 601 ES

Sec. 3017. Redesignation of Lower Mississippi River Museum and Riverfront 

Interpretive Site. 

Sec. 3018. Louisiana Coastal Area. 

Sec. 3019. Four Mile Run, City of Alexandria and Arlington County, Virginia. 

Sec. 3020. East Fork of Trinity River, Texas. 

Sec. 3021. Seward Waterfront, Seward, Alaska. 

TITLE IV—WATER RESOURCE STUDIES 

Sec. 4001. Purpose. 

Sec. 4002. Initiation of new water resources studies. 

Sec. 4003. Applicability. 

TITLE V—REGIONAL AND NONPROJECT PROVISIONS 

Sec. 5001. Purpose. 

Sec. 5002. Northeast Coastal Region ecosystem restoration. 

Sec. 5003. Chesapeake Bay Environmental Restoration and Protection Program. 

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

Mexico, Texas. 

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

Oregon and Washington. 

Sec. 5006. Arkansas River, Arkansas and Oklahoma. 

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

River Basin. 

Sec. 5008. Upper Missouri Basin flood and drought monitoring. 

Sec. 5009. Upper Missouri Basin shoreline erosion prevention. 

Sec. 5010. Northern Rockies headwaters extreme weather mitigation. 

Sec. 5011. Aquatic nuisance species prevention, Great Lakes and Mississippi 

River Basin. 

Sec. 5012. Middle Mississippi River pilot program. 

Sec. 5013. Idaho, Montana, rural Nevada, New Mexico, rural Utah, and Wyoming. 

Sec. 5014. Chesapeake Bay oyster restoration in Virginia and Maryland. 

Sec. 5015. Missouri River between Fort Peck Dam, Montana and Gavins Point 

Dam, South Dakota and Nebraska. 

Sec. 5016. Operations and maintenance of inland Mississippi River ports. 

Sec. 5017. Remote and subsistence harbors. 

Sec. 5018. Multiagency effort to slow the spread of Asian carp in the Upper 

Mississippi River and Ohio River basins and tributaries. 

Sec. 5019. Release of use restrictions. 

Sec. 5020. Rights and responsibilities of Cherokee Nation of Oklahoma regarding W.D. Mayo Lock and Dam, Oklahoma. 

Sec. 5021. Upper Mississippi River protection. 

Sec. 5022. Arctic Deep draft port development partnerships. 

Sec. 5023. Greater Mississippi River Basin severe flooding and drought management study. 

Sec. 5024. Cape Arundel Disposal Site, Maine. 

TITLE VI—LEVEE SAFETY 

Sec. 6001. Short title. 

Sec. 6002. Findings; purposes. 

Sec. 6003. Definitions. 

Sec. 6004. National levee safety program. 
5 

†S 601 ES

Sec. 6005. National levee safety advisory board. 

Sec. 6006. Inventory and inspection of levees. 

Sec. 6007. Reports. 

Sec. 6008. Effect of title. 

Sec. 6009. Authorization of appropriations. 

TITLE VII—INLAND WATERWAYS 

Sec. 7001. Purposes. 

Sec. 7002. Definitions. 

Sec. 7003. Project delivery process reforms. 

Sec. 7004. Major rehabilitation standards. 

Sec. 7005. Inland waterways system revenues. 

Sec. 7006. Efficiency of revenue collection. 

Sec. 7007. GAO study, Olmsted Locks and Dam, Lower Ohio River, Illinois 

and Kentucky. 

Sec. 7008. Olmsted Locks and Dam, Lower Ohio River, Illinois and Kentucky. 

TITLE VIII—HARBOR MAINTENANCE 

Sec. 8001. Short title. 

Sec. 8002. Purposes. 

Sec. 8003. Funding for harbor maintenance programs. 

Sec. 8004. Harbor Maintenance Trust Fund prioritization. 

Sec. 8005. Harbor maintenance trust fund study. 

TITLE IX—DAM SAFETY 

Sec. 9001. Short title. 

Sec. 9002. Purpose. 

Sec. 9003. Administrator. 

Sec. 9004. Inspection of dams. 

Sec. 9005. National Dam Safety Program. 

Sec. 9006. Public awareness and outreach for dam safety. 

Sec. 9007. Authorization of appropriations. 

TITLE X—INNOVATIVE FINANCING PILOT PROJECTS 

Sec. 10001. Short title. 

Sec. 10002. Purposes. 

Sec. 10003. Definitions. 

Sec. 10004. Authority to provide assistance. 

Sec. 10005. Applications. 

Sec. 10006. Eligible entities. 

Sec. 10007. Projects eligible for assistance. 

Sec. 10008. Activities eligible for assistance. 

Sec. 10009. Determination of eligibility and project selection. 

Sec. 10010. Secured loans. 

Sec. 10011. Program administration. 

Sec. 10012. State, tribal, and local permits. 

Sec. 10013. Regulations. 

Sec. 10014. Funding. 

Sec. 10015. Report to Congress. 

Sec. 10016. Use of American iron, steel, and manufactured goods. 

TITLE XI—EXTREME WEATHER 
6 

†S 601 ES

Sec. 11001. Definition of resilient construction technique. 

Sec. 11002. Study on risk reduction. 

Sec. 11003. GAO study on management of flood, drought, and storm damage. 

Sec. 11004. Post-disaster watershed assessments. 

Sec. 11005. Authority to accept and expend non-Federal amounts. 

TITLE XII—NATIONAL ENDOWMENT FOR THE OCEANS 

Sec. 12001. Short title. 

Sec. 12002. Purposes. 

Sec. 12003. Definitions. 

Sec. 12004. National Endowment for the Oceans. 

Sec. 12005. Eligible uses. 

Sec. 12006. Grants. 

Sec. 12007. Annual report. 

Sec. 12008. Tulsa Port of Catoosa, Rogers County, Oklahoma land exchange. 

TITLE XIII—MISCELLANEOUS 

Sec. 13001. Applicability of Spill Prevention, Control, and Countermeasure 

rule. 

Sec. 13002. America the Beautiful National Parks and Federal Recreational 

Lands Pass program. 

1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of the Army. 

4 TITLE I—WATER RESOURCE 

5 PROJECTS 

6 SEC. 1001. PURPOSES. 

7 The purposes of this title are— 

8 (1) to authorize projects that— 

9 (A) are the subject of a completed report 

10 of the Chief of Engineers containing a deter11 mination that the relevant project— 

12 (i) is in the Federal interest; 

13 (ii) results in benefits that exceed the 

14 costs of the project; 

15 (iii) is environmentally acceptable; and 
7 

†S 601 ES

1 (iv) is technically feasible; and 

2 (B) have been recommended to Congress 

3 for authorization by the Assistant Secretary of 

4 the Army for Civil Works; and 

5 (2) to authorize the Secretary— 

6 (A) to review projects that require in7 creased authorization; and 

8 (B) to request an increase of those author9 izations after— 

10 (i) certifying that the increases are 

11 necessary; and 

12 (ii) submitting to Congress reports on 

13 the proposed increases. 

14 SEC. 1002. PROJECT AUTHORIZATIONS. 

15 The Secretary is authorized to carry out projects for 

16 water resources development, conservation, and other pur17 poses, subject to the conditions that— 

18 (1) each project is carried out— 

19 (A) substantially in accordance with the 

20 plan for the project; and 

21 (B) subject to any conditions described in 

22 the report for the project; and 

23 (2)(A) a Report of the Chief of Engineers has 

24 been completed; and 
8 

†S 601 ES

1 (B) after November 8, 2007, but prior to the 

2 date of enactment of this Act, the Assistant Sec3 retary of the Army for Civil Works has submitted to 

4 Congress a recommendation to authorize construc5 tion of the project. 

6 SEC. 1003. PROJECT REVIEW. 

7 (a) IN GENERAL.—For a project that is authorized 

8 by Federal law as of the date of enactment of this Act, 

9 the Secretary may modify the authorized project cost set 

10 under section 902 of the Water Resources Development 

11 Act of 1986 (33 U.S.C. 2280)— 

12 (1) by submitting the required certification and 

13 additional information to Congress in accordance 

14 with subsection (b); and 

15 (2) after receiving an appropriation of funds in 

16 accordance with subsection (b)(3)(B). 

17 (b) REQUIREMENTS FOR SUBMISSION.— 

18 (1) CERTIFICATION.—The certification to Con19 gress under subsection (a) shall include a certifi20 cation by the Secretary that— 

21 (A) expenditures above the authorized cost 

22 of the project are necessary to protect life and 

23 safety or property, maintain critical navigation 

24 routes, or restore ecosystems; 
9 

†S 601 ES

1 (B) the project continues to provide bene2 fits identified in the report of the Chief of Engi3 neers for the project; and 

4 (C) for projects under construction— 

5 (i) a temporary stop or delay resulting 

6 from a failure to increase the authorized 

7 cost of the project will increase costs to the 

8 Federal Government; and 

9 (ii) the amount requested for the 

10 project in the budget of the President or 

11 included in a work plan for the expenditure 

12 of funds for the fiscal year during which 

13 the certification is submitted will exceed 

14 the authorized cost of the project. 

15 (2) ADDITIONAL INFORMATION.—The informa16 tion provided to Congress about the project under 

17 subsection (a) shall include, at a minimum— 

18 (A) a comprehensive review of the project 

19 costs and reasons for exceeding the authorized 

20 limits set under section 902 of the Water Re21 sources Development Act of 1986 (33 U.S.C. 

22 2280); 

23 (B) an expedited analysis of the updated 

24 benefits and costs of the project; and 
10 

†S 601 ES

1 (C) the revised cost estimate level for com2 pleting the project. 

3 (3) APPROVAL OF CONGRESS.—The Secretary 

4 may not change the authorized project costs under 

5 subsection (a) unless— 

6 (A) a certification and required informa7 tion is submitted to Congress under subsection 

8 (b); and 

9 (B) after such submission, amounts are 

10 appropriated to initiate or continue construction 

11 of the project in an appropriations or other Act. 

12 (c) DE MINIMIS AMOUNTS.—If the cost to complete 

13 construction of an authorized water resources project 

14 would exceed the limitations on the maximum cost of the 

15 project under section 902 of the Water Resources Develop16 ment Act of 1986 (33 U.S.C. 2280), the Secretary may 

17 complete construction of the project, notwithstanding the 

18 limitations imposed by that section if— 

19 (1) construction of the project is at least 70 

20 percent complete at the time the cost of the project 

21 is projected to exceed the limitations; and 

22 (2) the Federal cost to complete construction is 

23 less than $5,000,000. 

24 (d) TERMINATION OF EFFECTIVENESS.—The au25 thority of the Secretary under this section terminates on 
11 

†S 601 ES

1 the date that is 3 years after the date of enactment of 

2 this Act. 

3 SEC. 1004. FUTURE PROJECT AUTHORIZATIONS. 

4 (a) POLICY.—The benefits of water resource projects 

5 designed and carried out in an economically justifiable, en6 vironmentally acceptable, and technically sound manner 

7 are important to the economy and environment of the 

8 United States and recommendations to Congress regard9 ing those projects should be expedited for approval in a 

10 timely manner. 

11 (b) APPLICABILITY.—The procedures under this sec12 tion apply to projects for water resources development, 

13 conservation, and other purposes, subject to the conditions 

14 that— 

15 (1) each project is carried out— 

16 (A) substantially in accordance with the 

17 plan identified in the report of the Chief of En18 gineers for the project; and 

19 (B) subject to any conditions described in 

20 the report for the project; and 

21 (2)(A) a report of the Chief of Engineers has 

22 been completed; and 

23 (B) after the date of enactment of this Act, the 

24 Assistant Secretary of the Army for Civil Works has 
12 

†S 601 ES

1 submitted to Congress a recommendation to author2 ize construction of the project. 

3 (c) EXPEDITED CONSIDERATION.— 

4 (1) IN GENERAL.—A bill shall be eligible for ex5 pedited consideration in accordance with this sub6 section if the bill— 

7 (A) authorizes a project that meets the re8 quirements described in subsection (b); and 

9 (B) is referred to the Committee on Envi10 ronment and Public Works of the Senate. 

11 (2) COMMITTEE CONSIDERATION.— 

12 (A) IN GENERAL.—Not later than January 

13 31st of the second session of each Congress, the 

14 Committee on Environment and Public Works 

15 of the Senate shall— 

16 (i) report all bills that meet the re17 quirements of paragraph (1); or 

18 (ii) introduce and report a measure to 

19 authorize any project that meets the re20 quirements described in subsection (b). 

21 (B) FAILURE TO ACT.—Subject to sub22 paragraph (C), if the Committee fails to act on 

23 a bill that meets the requirements of paragraph 

24 (1) by the date specified in subparagraph (A), 
13 

†S 601 ES

1 the bill shall be discharged from the Committee 

2 and placed on the calendar of the Senate. 

3 (C) EXCEPTIONS.—Subparagraph (B) 

4 shall not apply if— 

5 (i) in the 180-day period immediately 

6 preceding the date specified in subpara7 graph (A), the full Committee holds a leg8 islative hearing on a bill to authorize all 

9 projects that meet the requirements de10 scribed in subsection (b); 

11 (ii)(I) the Committee favorably re12 ports a bill to authorize all projects that 

13 meet the requirements described in sub14 section (b); and 

15 (II) the bill described in subclause (I) 

16 is placed on the calendar of the Senate; or 

17 (iii) a bill that meets the requirements 

18 of paragraph (1) is referred to the Com19 mittee not earlier than 30 days before the 

20 date specified in subparagraph (A). 

21 (d) TERMINATION.—The procedures for expedited 

22 consideration under this section terminate on December 

23 31, 2018. 
14 

†S 601 ES

1 TITLE II—WATER RESOURCES 

2 POLICY REFORMS 

3 SEC. 2001. PURPOSES. 

4 The purposes of this title are— 

5 (1) to reform the implementation of water re6 sources projects by the Corps of Engineers; 

7 (2) to make other technical changes to the 

8 water resources policy of the Corps of Engineers; 

9 and 

10 (3) to implement reforms, including— 

11 (A) enhancing the ability of local sponsors 

12 to partner with the Corps of Engineers by en13 suring the eligibility of the local sponsors to re14 ceive and apply credit for work carried out by 

15 the sponsors and increasing the role of sponsors 

16 in carrying out Corps of Engineers projects; 

17 (B) ensuring continuing authority pro18 grams can continue to meet important needs; 

19 (C) encouraging the continuation of efforts 

20 to modernize feasibility studies and establish 

21 targets for expedited completion of feasibility 

22 studies; 

23 (D) seeking efficiencies in the management 

24 of dams and related infrastructure to reduce 

25 environmental impacts while maximizing other 
15 

†S 601 ES

1 benefits and project purposes, such as flood 

2 control, navigation, water supply, and hydro3 power; 

4 (E) clarifying mitigation requirements for 

5 Corps of Engineers projects and ensuring trans6 parency in the independent external review of 

7 those projects; and 

8 (F) establishing an efficient and trans9 parent process for deauthorizing projects that 

10 have failed to receive a minimum level of invest11 ment to ensure active projects can move for12 ward while reducing the backlog of authorized 

13 projects. 

14 SEC. 2002. SAFETY ASSURANCE REVIEW. 

15 Section 2035 of the Water Resources Development 

16 Act of 2007 (33 U.S.C. 2344) is amended by adding at 

17 the end the following: 

18 ‘‘(g) NONAPPLICABILITY OF FACA.—The Federal 

19 Advisory Committee Act (5 U.S.C. App.) shall not apply 

20 to a safety assurance review conducted under this sec21 tion.’’. 

22 SEC. 2003. CONTINUING AUTHORITY PROGRAMS. 

23 (a) SMALL RIVER AND HARBOR IMPROVEMENT

24 PROJECTS.—Section 107 of the River and Harbor Act of 

25 1960 (33 U.S.C. 577) is amended— 
16 

†S 601 ES

1 (1) in subsection (a), by striking 

2 ‘‘$35,000,000’’ and inserting ‘‘$50,000,000’’; and 

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

4 and inserting ‘‘$10,000,000’’. 

5 (b) SHORE DAMAGE PREVENTION OR MITIGATION.— 

6 Section 111(c) of the River and Harbor Act of 1968 (33 

7 U.S.C. 426i(c)) is amended by striking ‘‘$5,000,000’’ and 

8 inserting ‘‘$10,000,000’’. 

9 (c) REGIONAL SEDIMENT MANAGEMENT.— 

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

11 Resources Development Act of 1992 (33 U.S.C. 

12 2326) is amended— 

13 (A) in subsection (c)(1)(C), by striking 

14 ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’; 

15 and 

16 (B) in subsection (g), by striking 

17 ‘‘$30,000,000’’ and inserting ‘‘$50,000,000’’. 

18 (2) APPLICABILITY.—Section 2037 of the 

19 Water Resources Development Act of 2007 (121 

20 Stat. 1094) is amended by added at the end the fol21 lowing: 

22 ‘‘(c) APPLICABILITY.—The amendment made by sub23 section (a) shall not apply to any project authorized under 

24 this Act if a report of the Chief of Engineers for the 
17 

†S 601 ES

1 project was completed prior to the date of enactment of 

2 this Act.’’. 

3 (d) SMALL FLOOD CONTROL PROJECTS.—Section 

4 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) 

5 is amended in the third sentence by striking ‘‘$7,000,000’’ 

6 and inserting ‘‘$10,000,000’’. 

7 (e) PROJECT MODIFICATIONS FOR IMPROVEMENT OF

8 ENVIRONMENT.—Section 1135(d) of the Water Resources 

9 Development Act of 1986 (33 U.S.C. 2309a(d)) is amend10 ed— 

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

12 more than 80 percent of the non-Federal may be’’ 

13 and inserting ‘‘The non-Federal share may be pro14 vided’’; and 

15 (2) in the third sentence, by striking 

16 ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. 

17 (f) AQUATIC ECOSYSTEM RESTORATION.—Section 

18 206(d) of the Water Resources Development Act of 1996 

19 (33 U.S.C. 2330(d)) is amended by striking ‘‘$5,000,000’’ 

20 and inserting ‘‘$10,000,000’’. 

21 (g) FLOODPLAIN MANAGEMENT SERVICES.—Section 

22 206(d) of the Flood Control Act of 1960 (33 U.S.C. 709a) 

23 is amended by striking ‘‘$15,000,000’’ and inserting 

24 ‘‘$50,000,000’’. 
18 

†S 601 ES

1 SEC. 2004. CONTINUING AUTHORITY PROGRAM 

2 PRIORITIZATION. 

3 (a) DEFINITION OF CONTINUING AUTHORITY PRO4 GRAM PROJECT.—In this section, the term ‘‘continuing 

5 authority program’’ means 1 of the following authorities: 

6 (1) Section 205 of the Flood Control Act of 

7 1948 (33 U.S.C. 701s). 

8 (2) Section 111 of the River and Harbor Act of 

9 1968 (33 U.S.C. 426i). 

10 (3) Section 206 of the Water Resources Devel11 opment Act of 1996 (33 U.S.C. 2330). 

12 (4) Section 1135 of the Water Resources Devel13 opment Act of 1986 (33 U.S.C. 2309a). 

14 (5) Section 107 of the River and Harbor Act of 

15 1960 (33 U.S.C. 577). 

16 (6) Section 3 of the Act of August 13, 1946 

17 (33 U.S.C. 426g). 

18 (b) PRIORITIZATION.—Not later than 1 year after the 

19 date of enactment of this Act, the Secretary shall publish 

20 in the Federal Register and on a publicly available website, 

21 the criteria the Secretary uses for prioritizing annual 

22 funding for continuing authority program projects. 

23 (c) ANNUAL REPORT.—Not later than 1 year after 

24 the date of enactment of this Act and each year thereafter, 

25 the Secretary shall publish in the Federal Register and 

26 on a publicly available website, a report on the status of 
19 

†S 601 ES

1 each continuing authority program, which, at a minimum, 

2 shall include— 

3 (1) the name and a short description of each 

4 active continuing authority program project; 

5 (2) the cost estimate to complete each active 

6 project; and 

7 (3) the funding available in that fiscal year for 

8 each continuing authority program. 

9 (d) CONGRESSIONAL NOTIFICATION.—On publication 

10 in the Federal Register under subsections (b) and (c), the 

11 Secretary shall submit to the Committee on Environment 

12 and Public Works of the Senate and the Committee on 

13 Transportation and Infrastructure of the House of Rep14 resentatives a copy of all information published under 

15 those subsections. 

16 SEC. 2005. FISH AND WILDLIFE MITIGATION. 

17 (a) IN GENERAL.—Section 906 of the Water Re18 sources Development Act of 1986 (33 U.S.C. 2283) is 

19 amended— 

20 (1) in subsection (d)— 

21 (A) in paragraph (1)— 

22 (i) in the first sentence— 

23 (I) by inserting ‘‘for damages to 

24 ecological resources, including terres-
20 

†S 601 ES

1 trial and aquatic resources, and’’ after 

2 ‘‘mitigate’’; 

3 (II) by inserting ‘‘ecological re4 sources and’’ after ‘‘impact on’’; and 

5 (III) by inserting ‘‘without the 

6 implementation of mitigation meas7 ures’’ before the period; and 

8 (ii) by inserting before the last sen9 tence the following: ‘‘If the Secretary de10 termines that mitigation to in-kind condi11 tions is not possible, the Secretary shall 

12 identify in the report the basis for that de13 termination and the mitigation measures 

14 that will be implemented to meet the re15 quirements of this section and the goals of 

16 section 307(a)(1) of the Water Resources 

17 Development Act of 1990 (33 U.S.C. 

18 2317(a)(1)).’’; 

19 (B) in paragraph (2)— 

20 (i) in the heading, by striking ‘‘DE21 SIGN’’ and inserting ‘‘SELECTION AND DE22 SIGN’’; 

23 (ii) by inserting ‘‘select and’’ after 

24 ‘‘shall’’; and 
21 

†S 601 ES

1 (iii) by inserting ‘‘using a watershed 

2 approach’’ after ‘‘projects’’; and 

3 (C) in paragraph (3)— 

4 (i) in subparagraph (A), by inserting 

5 ‘‘, at a minimum,’’ after ‘‘complies with’’; 

6 and 

7 (ii) in subparagraph (B)— 

8 (I) by striking clause (iii); 

9 (II) by redesignating clauses (iv) 

10 and (v) as clauses (v) and (vi), respec11 tively; and 

12 (III) by inserting after clause (ii) 

13 the following: 

14 ‘‘(iii) for projects where mitigation 

15 will be carried out by the Secretary— 

16 ‘‘(I) a description of the land and 

17 interest in land to be acquired for the 

18 mitigation plan; 

19 ‘‘(II) the basis for a determina20 tion that the land and interests are 

21 available for acquisition; and 

22 ‘‘(III) a determination that the 

23 proposed interest sought does not ex24 ceed the minimum interest in land 
22 

†S 601 ES

1 necessary to meet the mitigation re2 quirements for the project; 

3 ‘‘(iv) for projects where mitigation will 

4 be carried out through a third party miti5 gation arrangement in accordance with 

6 subsection (i)— 

7 ‘‘(I) a description of the third 

8 party mitigation instrument to be 

9 used; and 

10 ‘‘(II) the basis for a determina11 tion that the mitigation instrument 

12 can meet the mitigation requirements 

13 for the project;’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(h) PROGRAMMATIC MITIGATION PLANS.— 

16 ‘‘(1) IN GENERAL.—The Secretary may develop 

17 1 or more programmatic mitigation plans to address 

18 the potential impacts to ecological resources, fish, 

19 and wildlife associated with existing or future water 

20 resources development projects. 

21 ‘‘(2) USE OF MITIGATION PLANS.—The Sec22 retary shall, to the maximum extent practicable, use 

23 programmatic mitigation plans developed in accord24 ance with this subsection to guide the development 

25 of a mitigation plan under subsection (d). 
23 

†S 601 ES

1 ‘‘(3) NON-FEDERAL PLANS.—The Secretary 

2 shall, to the maximum extent practicable and subject 

3 to all conditions of this subsection, use pro4 grammatic environmental plans developed by a 

5 State, a body politic of the State, which derives its 

6 powers from a State constitution, a government enti7 ty created by State legislation, or a local govern8 ment, that meet the requirements of this subsection 

9 to address the potential environmental impacts of 

10 existing or future water resources development 

11 projects. 

12 ‘‘(4) SCOPE.—A programmatic mitigation plan 

13 developed by the Secretary or an entity described in 

14 paragraph (3) to address potential impacts of exist15 ing or future water resources development projects 

16 shall, to the maximum extent practicable— 

17 ‘‘(A) be developed on a regional, eco18 system, watershed, or statewide scale; 

19 ‘‘(B) include specific goals for aquatic re20 source and fish and wildlife habitat restoration, 

21 establishment, enhancement, or preservation; 

22 ‘‘(C) identify priority areas for aquatic re23 source and fish and wildlife habitat protection 

24 or restoration; 
24 

†S 601 ES

1 ‘‘(D) encompass multiple environmental re2 sources within a defined geographical area or 

3 focus on a specific resource, such as aquatic re4 sources or wildlife habitat; and 

5 ‘‘(E) address impacts from all projects in 

6 a defined geographical area or focus on a spe7 cific type of project. 

8 ‘‘(5) CONSULTATION.—The scope of the plan 

9 shall be determined by the Secretary or an entity de10 scribed in paragraph (3), as appropriate, in con11 sultation with the agency with jurisdiction over the 

12 resources being addressed in the environmental miti13 gation plan. 

14 ‘‘(6) CONTENTS.—A programmatic environ15 mental mitigation plan may include— 

16 ‘‘(A) an assessment of the condition of en17 vironmental resources in the geographical area 

18 covered by the plan, including an assessment of 

19 recent trends and any potential threats to those 

20 resources; 

21 ‘‘(B) an assessment of potential opportuni22 ties to improve the overall quality of environ23 mental resources in the geographical area cov24 ered by the plan through strategic mitigation 
25 

†S 601 ES

1 for impacts of water resources development 

2 projects; 

3 ‘‘(C) standard measures for mitigating cer4 tain types of impacts; 

5 ‘‘(D) parameters for determining appro6 priate mitigation for certain types of impacts, 

7 such as mitigation ratios or criteria for deter8 mining appropriate mitigation sites; 

9 ‘‘(E) adaptive management procedures, 

10 such as protocols that involve monitoring pre11 dicted impacts over time and adjusting mitiga12 tion measures in response to information gath13 ered through the monitoring; 

14 ‘‘(F) acknowledgment of specific statutory 

15 or regulatory requirements that must be satis16 fied when determining appropriate mitigation 

17 for certain types of resources; and 

18 ‘‘(G) any offsetting benefits of self-miti19 gating projects, such as ecosystem or resource 

20 restoration and protection. 

21 ‘‘(7) PROCESS.—Before adopting a pro22 grammatic environmental mitigation plan for use 

23 under this subsection, the Secretary shall— 

24 ‘‘(A) for a plan developed by the Sec25 retary— 
26 

†S 601 ES

1 ‘‘(i) make a draft of the plan available 

2 for review and comment by applicable envi3 ronmental resource agencies and the pub4 lic; and 

5 ‘‘(ii) consider any comments received 

6 from those agencies and the public on the 

7 draft plan; and 

8 ‘‘(B) for a plan developed under paragraph 

9 (3), determine, not later than 180 days after 

10 receiving the plan, whether the plan meets the 

11 requirements of paragraphs (4) through (6) and 

12 was made available for public comment. 

13 ‘‘(8) INTEGRATION WITH OTHER PLANS.—A 

14 programmatic environmental mitigation plan may be 

15 integrated with other plans, including watershed 

16 plans, ecosystem plans, species recovery plans, 

17 growth management plans, and land use plans. 

18 ‘‘(9) CONSIDERATION IN PROJECT DEVELOP19 MENT AND PERMITTING.—If a programmatic envi20 ronmental mitigation plan has been developed under 

21 this subsection, any Federal agency responsible for 

22 environmental reviews, permits, or approvals for a 

23 water resources development project may use the 

24 recommendations in that programmatic environ25 mental mitigation plan when carrying out the re-
27 

†S 601 ES

1 sponsibilities of the agency under the National Envi2 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

3 seq.). 

4 ‘‘(10) PRESERVATION OF EXISTING AUTHORI5 TIES.—Nothing in this subsection limits the use of 

6 programmatic approaches to reviews under the Na7 tional Environmental Policy Act of 1969 (42 U.S.C. 

8 4321 et seq.). 

9 ‘‘(i) THIRD-PARTY MITIGATION ARRANGEMENTS.— 

10 ‘‘(1) ELIGIBLE ACTIVITIES.—In accordance 

11 with all applicable Federal laws (including regula12 tions), mitigation efforts carried out under this sec13 tion may include— 

14 ‘‘(A) participation in mitigation banking or 

15 other third-party mitigation arrangements, such 

16 as— 

17 ‘‘(i) the purchase of credits from com18 mercial or State, regional, or local agency19 sponsored mitigation banks; and 

20 ‘‘(ii) the purchase of credits from in21 lieu fee mitigation programs; and 

22 ‘‘(B) contributions to statewide and re23 gional efforts to conserve, restore, enhance, and 

24 create natural habitats and wetlands if the Sec25 retary determines that the contributions will en-
28 

†S 601 ES

1 sure that the mitigation requirements of this 

2 section and the goals of section 307(a)(1) of the 

3 Water Resources Development Act of 1990 (33 

4 U.S.C. 2317(a)(1)) will be met. 

5 ‘‘(2) INCLUSION OF OTHER ACTIVITIES.—The 

6 banks, programs, and efforts described in paragraph 

7 (1) include any banks, programs, and efforts devel8 oped in accordance with applicable law (including 

9 regulations). 

10 ‘‘(3) TERMS AND CONDITIONS.—In carrying out 

11 natural habitat and wetlands mitigation efforts 

12 under this section, contributions to the mitigation ef13 fort may— 

14 ‘‘(A) take place concurrent with, or in ad15 vance of, the commitment of funding to a 

16 project; and 

17 ‘‘(B) occur in advance of project construc18 tion only if the efforts are consistent with all 

19 applicable requirements of Federal law (includ20 ing regulations) and water resources develop21 ment planning processes. 

22 ‘‘(4) PREFERENCE.—At the request of the non23 Federal project sponsor, preference may be given, to 

24 the maximum extent practicable, to mitigating an 

25 environmental impact through the use of a mitiga-
29 

†S 601 ES

1 tion bank, in-lieu fee, or other third-party mitigation 

2 arrangement, if the use of credits from the mitiga3 tion bank or in-lieu fee, or the other third-party 

4 mitigation arrangement for the project has been ap5 proved by the applicable Federal agency. 

6 ‘‘(j) USE OF FUNDS.—The Secretary may use funds 

7 made available for preconstruction engineering and design 

8 prior to authorization of project construction to satisfy 

9 mitigation requirements through third party mechanisms 

10 or to acquire interests in land necessary for meeting the 

11 mitigation requirements of this section.’’. 

12 (b) APPLICATION.—The amendments made by sub13 section (a) shall not apply to a project for which a mitiga14 tion plan has been completed as of the date of enactment 

15 of this Act. 

16 (c) TECHNICAL ASSISTANCE.— 

17 (1) IN GENERAL.—The Secretary may provide 

18 technical assistance to States and local governments 

19 to establish third-party mitigation instruments, in20 cluding mitigation banks and in-lieu fee programs, 

21 that will help to target mitigation payments to high22 priority ecosystem restoration actions. 

23 (2) REQUIREMENTS.—In providing technical as24 sistance under this subsection, the Secretary shall 

25 give priority to States and local governments that 
30 

†S 601 ES

1 have developed State, regional, or watershed-based 

2 plans identifying priority restoration actions. 

3 (3) MITIGATION INSTRUMENTS.—The Secretary 

4 shall seek to ensure any technical assistance pro5 vided under this subsection will support the estab6 lishment of mitigation instruments that will result in 

7 restoration of high-priority areas identified in the 

8 plans under paragraph (2). 

9 SEC. 2006. MITIGATION STATUS REPORT. 

10 Section 2036(b) of the Water Resources Development 

11 Act of 2007 (33 U.S.C. 2283a) is amended— 

12 (1) by redesignating paragraph (3) as para13 graph (4); and 

14 (2) by inserting after paragraph (2) the fol15 lowing: 

16 ‘‘(3) INFORMATION INCLUDED.—In reporting 

17 the status of all projects included in the report, the 

18 Secretary shall— 

19 ‘‘(A) use a uniform methodology for deter20 mining the status of all projects included in the 

21 report; 

22 ‘‘(B) use a methodology that describes 

23 both a qualitative and quantitative status for all 

24 projects in the report; and 
31 

†S 601 ES

1 ‘‘(C) provide specific dates for and partici2 pants in the consultations required under sec3 tion 906(d)(4)(B) of the Water Resources De4 velopment Act of 1986 (33 U.S.C. 

5 2283(d)(4)(B)).’’. 

6 SEC. 2007. INDEPENDENT PEER REVIEW. 

7 (a) TIMING OF PEER REVIEW.—Section 2034(b) of 

8 the Water Resources Development Act of 2007 (33 U.S.C. 

9 2343(b)) is amended— 

10 (1) by redesignating paragraph (3) as para11 graph (4); and 

12 (2) by inserting after paragraph (2) the fol13 lowing: 

14 ‘‘(3) REASONS FOR TIMING.—If the Chief of 

15 Engineers does not initiate a peer review for a 

16 project study at a time described in paragraph (2), 

17 the Chief shall— 

18 ‘‘(A) not later than 7 days after the date 

19 on which the Chief of Engineers determines not 

20 to initiate a peer review— 

21 ‘‘(i) notify the Committee on Environ22 ment and Public Works of the Senate and 

23 the Committee on Transportation and In24 frastructure of the House of Representa25 tives of that decision; and 
32 

†S 601 ES

1 ‘‘(ii) make publicly available, including 

2 on the Internet the reasons for not con3 ducting the review; and 

4 ‘‘(B) include the reasons for not con5 ducting the review in the decision document for 

6 the project study.’’. 

7 (b) ESTABLISHMENT OF PANELS.—Section 2034(c) 

8 of the Water Resources Development Act of 2007 (33 

9 U.S.C. 2343(c)) is amended by striking paragraph (4) and 

10 inserting the following: 

11 ‘‘(4) CONGRESSIONAL AND PUBLIC NOTIFICA12 TION.—Following the identification of a project 

13 study for peer review under this section, but prior to 

14 initiation of the review by the panel of experts, the 

15 Chief of Engineers shall, not later than 7 days after 

16 the date on which the Chief of Engineers determines 

17 to conduct a review— 

18 ‘‘(A) notify the Committee on Environment 

19 and Public Works of the Senate and the Com20 mittee on Transportation and Infrastructure of 

21 the House of Representatives of the review; and 

22 ‘‘(B) make publicly available, including on 

23 the Internet, information on— 

24 ‘‘(i) the dates scheduled for beginning 

25 and ending the review; 
33 

†S 601 ES

1 ‘‘(ii) the entity that has the contract 

2 for the review; and 

3 ‘‘(iii) the names and qualifications of 

4 the panel of experts.’’. 

5 (c) RECOMMENDATIONS OF PANEL.—Section 2034(f) 

6 of the Water Resources Development Act of 2007 (33 

7 U.S.C. 2343(f)) is amended by striking paragraph (2) and 

8 inserting the following: 

9 ‘‘(2) PUBLIC AVAILABILITY AND SUBMISSION

10 TO CONGRESS.—After receiving a report on a project 

11 study from a panel of experts under this section, the 

12 Chief of Engineers shall make available to the pub13 lic, including on the Internet, and submit to the 

14 Committee on Environment and Public Works of the 

15 Senate and the Committee on Transportation and 

16 Infrastructure of the House of Representatives— 

17 ‘‘(A) a copy of the report not later than 7 

18 days after the date on which the report is deliv19 ered to the Chief of Engineers; and 

20 ‘‘(B) a copy of any written response of the 

21 Chief of Engineers on recommendations con22 tained in the report not later than 3 days after 

23 the date on which the response is delivered to 

24 the Chief of Engineers. 
34 

†S 601 ES

1 ‘‘(3) INCLUSION IN PROJECT STUDY.—A report 

2 on a project study from a panel of experts under 

3 this section and the written response of the Chief of 

4 Engineers shall be included in the final decision doc5 ument for the project study.’’. 

6 (d) APPLICABILITY.—Section 2034(h)(2) of the 

7 Water Resources Development Act of 2007 (33 U.S.C. 

8 2343(h)(2)) is amended by striking ‘‘7 years’’ and insert9 ing ‘‘12 years’’. 

10 SEC. 2008. OPERATION AND MAINTENANCE OF NAVIGATION 

11 AND HYDROELECTRIC FACILITIES. 

12 (a) IN GENERAL.—Section 314 of the Water Re13 sources Development Act of 1990 (33 U.S.C. 2321) is 

14 amended— 

15 (1) by striking the heading and inserting the 

16 following: 

17 ‘‘SEC. 314. OPERATION AND MAINTENANCE OF NAVIGATION 

18 AND HYDROELECTRIC FACILITIES.’’; 

19 (2) in the first sentence, by striking ‘‘Activities 

20 currently performed’’ and inserting the following: 

21 ‘‘(a) IN GENERAL.—Activities currently performed’’; 

22 (3) in the second sentence, by striking ‘‘This 

23 section’’ and inserting the following: 

24 ‘‘(b) MAJOR MAINTENANCE CONTRACTS AL25 LOWED.—This section’’; 
35 

†S 601 ES

1 (4) in subsection (a) (as designated by para2 graph (2)), by inserting ‘‘navigation or’’ before ‘‘hy3 droelectric’’; and 

4 (5) by adding at the end the following: 

5 ‘‘(c) EXCLUSION.—This section shall not— 

6 ‘‘(1) apply to those navigation facilities that 

7 have been or are currently under contract with a 

8 non-Federal interest to perform operations and 

9 maintenance as of the date of enactment of the 

10 Water Resources Development Act of 2013; and 

11 ‘‘(2) prohibit the Secretary from contracting 

12 out future commercial activities at those navigation 

13 facilities.’’. 

14 (b) CLERICAL AMENDMENT.—The table of contents 

15 contained in section 1(b) of the Water Resources Develop16 ment Act of 1990 (104 Stat. 4604) is amended by striking 

17 the item relating to section 314 and inserting the fol18 lowing: 

‘‘Sec. 314. Operation and maintenance of navigation and hydroelectric facilities.’’. 

19 SEC. 2009. HYDROPOWER AT CORPS OF ENGINEERS FACILI20 TIES. 

21 (a) FINDINGS.—Congress finds that— 

22 (1) in April 2012, the Oak Ridge National Lab23 oratory of the Department of Energy (referred to in 

24 this section as the ‘‘Oak Ridge Lab’’) released a re-
36 

†S 601 ES

1 port finding that adding hydroelectric power to the 

2 non-powered dams of the United States has the po3 tential to add more than 12 gigawatts of new gener4 ating capacity; 

5 (2) the top 10 non-powered dams identified by 

6 the Oak Ridge Lab as having the highest hydro7 electric power potential could alone supply 3 

8 gigawatts of generating capacity; 

9 (3) of the 50 non-powered dams identified by 

10 the Oak Ridge Lab as having the highest hydro11 electric power potential, 48 are Corps of Engineers 

12 civil works projects; 

13 (4) promoting non-Federal hydroelectric power 

14 at Corps of Engineers civil works projects increases 

15 the taxpayer benefit of those projects; 

16 (5) the development of non-Federal hydro17 electric power at Corps of Engineers civil works 

18 projects— 

19 (A) can be accomplished in a manner that 

20 is consistent with authorized project purposes 

21 and the responsibilities of the Corps of Engi22 neers to protect the environment; and 

23 (B) in many instances, may have addi24 tional environmental benefits; and 
37 

†S 601 ES

1 (6) the development of non-Federal hydro2 electric power at Corps of Engineers civil works 

3 projects could be promoted through— 

4 (A) clear and consistent lines of responsi5 bility and authority within and across Corps of 

6 Engineers districts and divisions on hydro7 electric power development activities; 

8 (B) consistent and corresponding processes 

9 for reviewing and approving hydroelectric power 

10 development; and 

11 (C) developing a means by which non-Fed12 eral hydroelectric power developers and stake13 holders can resolve disputes with the Corps of 

14 Engineers concerning hydroelectric power devel15 opment activities at Corps of Engineers civil 

16 works projects. 

17 (b) POLICY.—Congress declares that it is the policy 

18 of the United States that— 

19 (1) the development of non-Federal hydro20 electric power at Corps of Engineers civil works 

21 projects, including locks and dams, shall be given 

22 priority; 

23 (2) Corps of Engineers approval of non-Federal 

24 hydroelectric power at Corps of Engineers civil 

25 works projects, including permitting required under 
38 

†S 601 ES

1 section 14 of the Act of March 3, 1899 (33 U.S.C. 

2 408), shall be completed by the Corps of Engineers 

3 in a timely and consistent manner; and 

4 (3) approval of hydropower at Corps of Engi5 neers civil works projects shall in no way diminish 

6 the other priorities and missions of the Corps of En7 gineers, including authorized project purposes and 

8 habitat and environmental protection. 

9 (c) REPORT.—Not later than 1 year after the date 

10 of enactment of this Act and each year thereafter, the Sec11 retary shall submit to the Committee on Environment and 

12 Public Works of the Senate and the Committee on Trans13 portation and Infrastructure of the House of Representa14 tives a report that, at a minimum, shall include— 

15 (1) a description of initiatives carried out by 

16 the Secretary to encourage the development of hy17 droelectric power by non-Federal entities at Corps of 

18 Engineers civil works projects; 

19 (2) a list of all new hydroelectric power activi20 ties by non-Federal entities approved at Corps of 

21 Engineers civil works projects in that fiscal year, in22 cluding the length of time the Secretary needed to 

23 approve those activities; 

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

25 application from non-Federal entities for approval to 
39 

†S 601 ES

1 develop hydroelectric power at Corps of Engineers 

2 civil works projects; 

3 (4) a description of any benefits or impacts to 

4 the environment, recreation, or other uses associated 

5 with Corps of Engineers civil works projects at 

6 which non-Federal entities have developed hydro7 electric power in the previous fiscal year; and 

8 (5) the total annual amount of payments or 

9 other services provided to the Corps of Engineers, 

10 the Treasury, and any other Federal agency as a re11 sult of approved non-Federal hydropower projects at 

12 Corps of Engineers civil works projects. 

13 SEC. 2010. CLARIFICATION OF WORK-IN-KIND CREDIT AU14 THORITY. 

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

16 the Water Resources Development Act of 2007 (121 Stat. 

17 1277) is amended— 

18 (1) in subsection (a)— 

19 (A) by inserting ‘‘, on, or after’’ after ‘‘be20 fore’’; and 

21 (B) by inserting ‘‘, program,’’ after 

22 ‘‘study’’ each place it appears; 

23 (2) in subsections (b) and (e)(1), by inserting 

24 ‘‘, program,’’ after ‘‘study’’ each place it appears; 

25 and 
40 

†S 601 ES

1 (3) by striking subsection (d) and inserting the 

2 following: 

3 ‘‘(d) TREATMENT OF CREDIT BETWEEN

4 PROJECTS.—The value of any land, easements, rights-of5 way, relocations, and dredged material disposal areas and 

6 the costs of planning, design, and construction work pro7 vided by the non-Federal interest that exceed the non-Fed8 eral cost share for a study, program, or project under this 

9 title may be applied toward the non-Federal cost share 

10 for any other study, program, or project carried out under 

11 this title.’’. 

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

13 the date of enactment of this Act, the Secretary, in coordi14 nation with any relevant agencies of the State of Lou15 isiana, shall establish a process by which to carry out the 

16 amendments made by subsection (a)(3). 

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

18 subsection (a) take effect on November 8, 2007. 

19 SEC. 2011. TRANSFER OF EXCESS WORK-IN-KIND CREDIT. 

20 (a) IN GENERAL.—Subject to subsection (b), the Sec21 retary may apply credit for in-kind contributions provided 

22 by a non-Federal interest that is in excess of the required 

23 non-Federal cost-share for a water resources study or 

24 project toward the required non-Federal cost-share for a 

25 different water resources study or project. 
41 

†S 601 ES

1 (b) RESTRICTIONS.— 

2 (1) IN GENERAL.—Except for subsection 

3 (a)(4)(D)(i) of that section, the requirements of sec4 tion 221 of the Flood Control Act of 1970 (42 

5 U.S.C. 1962d–5b) (as amended by section 2012 of 

6 this Act) shall apply to any credit under this section. 

7 (2) CONDITIONS.—Credit in excess of the non8 Federal cost-share for a study or project may be ap9 proved under this section only if— 

10 (A) the non-Federal interest submits a 

11 comprehensive plan to the Secretary that identi12 fies— 

13 (i) the studies and projects for which 

14 the non-Federal interest intends to provide 

15 in-kind contributions for credit that is in 

16 excess of the non-Federal cost share for 

17 the study or project; and 

18 (ii) the studies and projects to which 

19 that excess credit would be applied; 

20 (B) the Secretary approves the comprehen21 sive plan; and 

22 (C) the total amount of credit does not ex23 ceed the total non-Federal cost-share for the 

24 studies and projects in the approved com25 prehensive plan. 
42 

†S 601 ES

1 (c) ADDITIONAL CRITERIA.—In evaluating a request 

2 to apply credit in excess of the non-Federal cost-share for 

3 a study or project toward a different study or project, the 

4 Secretary shall consider whether applying that credit 

5 will— 

6 (1) help to expedite the completion of a project 

7 or group of projects; 

8 (2) reduce costs to the Federal Government; 

9 and 

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

11 significant flood risk reduction or environmental 

12 benefits. 

13 (d) TERMINATION OF AUTHORITY.—The authority 

14 provided in this section shall terminate 10 years after the 

15 date of enactment of this Act. 

16 (e) REPORT.— 

17 (1) DEADLINES.— 

18 (A) IN GENERAL.—Not later than 2 years 

19 after the date of enactment of this Act, and 

20 once every 2 years thereafter, the Secretary 

21 shall submit to the Committee on Environment 

22 and Public Works of the Senate and the Com23 mittee on Transportation and Infrastructure of 

24 the House of Representatives an interim report 

25 on the use of the authority under this section. 
43 

†S 601 ES

1 (B) FINAL REPORT.—Not later than 10 

2 years after the date of enactment of this Act, 

3 the Secretary shall submit to the Committee on 

4 Environment and Public Works of the Senate 

5 and the Committee on Transportation and In6 frastructure of the House of Representatives a 

7 final report on the use of the authority under 

8 this section. 

9 (2) INCLUSIONS.—The reports described in 

10 paragraph (1) shall include— 

11 (A) a description of the use of the author12 ity under this section during the reporting pe13 riod; 

14 (B) an assessment of the impact of the au15 thority under this section on the time required 

16 to complete projects; and 

17 (C) an assessment of the impact of the au18 thority under this section on other water re19 sources projects. 

20 SEC. 2012. CREDIT FOR IN-KIND CONTRIBUTIONS. 

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

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

23 amended— 

24 (1) in subparagraph (A), in the matter pre25 ceding clause (i) by inserting ‘‘or a project under an 
44 

†S 601 ES

1 environmental infrastructure assistance program’’ 

2 after ‘‘law’’; 

3 (2) in subparagraph (C), by striking ‘‘In any 

4 case’’ and all that follows through the period at the 

5 end and inserting the following: 

6 ‘‘(i) CONSTRUCTION.— 

7 ‘‘(I) IN GENERAL.—In any case 

8 in which the non-Federal interest is to 

9 receive credit under subparagraph (A) 

10 for the cost of construction carried 

11 out by the non-Federal interest before 

12 execution of a partnership agreement 

13 and that construction has not been 

14 carried out as of the date of enact15 ment of this subparagraph, the Sec16 retary and the non-Federal interest 

17 shall enter into an agreement under 

18 which the non-Federal interest shall 

19 carry out such work prior to the non20 Federal interest initiating construc21 tion or issuing a written notice to pro22 ceed for the construction. 

23 ‘‘(II) ELIGIBILITY.—Construc24 tion that is carried out after the exe25 cution of an agreement to carry out 
45 

†S 601 ES

1 work described in subclause (I) and 

2 any design activities that are required 

3 for that construction, even if the de4 sign activity is carried out prior to the 

5 execution of the agreement to carry 

6 out work, shall be eligible for credit. 

7 ‘‘(ii) PLANNING.— 

8 ‘‘(I) IN GENERAL.—In any case 

9 in which the non-Federal interest is to 

10 receive credit under subparagraph (A) 

11 for the cost of planning carried out by 

12 the non-Federal interest before execu13 tion of a feasibility cost sharing agree14 ment, the Secretary and the non-Fed15 eral interest shall enter into an agree16 ment under which the non-Federal in17 terest shall carry out such work prior 

18 to the non-Federal interest initiating 

19 that planning. 

20 ‘‘(II) ELIGIBILITY.—Planning 

21 that is carried out by the non-Federal 

22 interest after the execution of an 

23 agreement to carry out work described 

24 in subclause (I) shall be eligible for 

25 credit.’’; 
46 

†S 601 ES

1 (3) in subparagraph (D)(iii), by striking ‘‘sec2 tions 101 and 103’’ and inserting ‘‘sections 

3 101(a)(2) and 103(a)(1)(A) of the Water Resources 

4 Development Act of 1986 (33 U.S.C. 2211(a)(2); 33 

5 U.S.C. 2213(a)(1)(A))’’; 

6 (4) by redesignating subparagraph (E) as sub7 paragraph (H); 

8 (5) by inserting after subparagraph (D) the fol9 lowing: 

10 ‘‘(E) ANALYSIS OF COSTS AND BENE11 FITS.—In the evaluation of the costs and bene12 fits of a project, the Secretary shall not con13 sider construction carried out by a non-Federal 

14 interest under this subsection as part of the fu15 ture without project condition. 

16 ‘‘(F) TRANSFER OF CREDIT BETWEEN

17 SEPARABLE ELEMENTS OF A PROJECT.—Credit 

18 for in-kind contributions provided by a non19 Federal interest that are in excess of the non20 Federal cost share for an authorized separable 

21 element of a project may be applied toward the 

22 non-Federal cost share for a different author23 ized separable element of the same project. 

24 ‘‘(G) APPLICATION OF CREDIT.—To the 

25 extent that credit for in-kind contributions, as 
47 

†S 601 ES

1 limited by subparagraph (D), and credit for re2 quired land, easements, rights-of-way, dredged 

3 material disposal areas, and relocations pro4 vided by the non-Federal interest exceed the 

5 non-Federal share of the cost of construction of 

6 a project other than a navigation project, the 

7 Secretary shall reimburse the difference to the 

8 non-Federal interest, subject to the availability 

9 of funds.’’; and 

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

11 paragraph (4))— 

12 (A) in clause (i), by inserting ‘‘, and to 

13 water resources projects authorized prior to the 

14 date of enactment of the Water Resources De15 velopment Act of 1986 (Public Law 99–662), if 

16 correction of design deficiencies is necessary’’ 

17 before the period at the end; and 

18 (B) by striking clause (ii) and inserting the 

19 following: 

20 ‘‘(ii) AUTHORIZATION IN AD21 DITION TO SPECIFIC CREDIT

22 PROVISION.—In any case in 

23 which a specific provision of law 

24 authorizes credit for in-kind con25 tributions provided by a non-Fed-
48 

†S 601 ES

1 eral interest before the date of 

2 execution of a partnership agree3 ment, the Secretary may apply 

4 the authority provided in this 

5 paragraph to allow credit for in6 kind contributions provided by 

7 the non-Federal interest on or 

8 after the date of execution of the 

9 partnership agreement.’’. 

10 (b) APPLICABILITY.—Section 2003(e) of the Water 

11 Resources Development Act of 2007 (42 U.S.C. 1962d– 

12 5b) is amended— 

13 (1) by inserting ‘‘, or construction of design de14 ficiency corrections on the project,’’ after ‘‘construc15 tion on the project’’; and 

16 (2) by inserting ‘‘, or under which construction 

17 of the project has not been completed and the work 

18 to be performed by the non-Federal interests has not 

19 been carried out and is creditable only toward any 

20 remaining non-Federal cost share,’’ after ‘‘has not 

21 been initiated’’. 

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

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

24 (d) GUIDELINES.— 
49 

†S 601 ES

1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, the Secretary 

3 shall update any guidance or regulations for car4 rying out section 221(a)(4) of the Flood Control Act 

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

6 subsection (a)) that are in existence on the date of 

7 enactment of this Act or issue new guidelines, as de8 termined to be appropriate by the Secretary. 

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

10 guidelines updated or issued under paragraph (1) 

11 shall include, at a minimum— 

12 (A) the milestone for executing an in-kind 

13 memorandum of understanding for construction 

14 by a non-Federal interest; 

15 (B) criteria and procedures for evaluating 

16 a request to execute an in-kind memorandum of 

17 understanding for construction by a non-Fed18 eral interest that is earlier than the milestone 

19 under subparagraph (A) for that execution; and 

20 (C) criteria and procedures for determining 

21 whether work carried out by a non-Federal in22 terest is integral to a project. 

23 (3) PUBLIC AND STAKEHOLDER PARTICIPA24 TION.—Before issuing any new or revised guidance, 
50 

†S 601 ES

1 regulations, or guidelines or any subsequent updates 

2 to those documents, the Secretary shall— 

3 (A) consult with affected non-Federal in4 terests; 

5 (B) publish the proposed guidelines devel6 oped under this subsection in the Federal Reg7 ister; and 

8 (C) provide the public with an opportunity 

9 to comment on the proposed guidelines. 

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

11 the Flood Control Act of 1970 (42 U.S.C. 1962d– 

12 5b(a)(4)) (as amended by subsection (a)) affects any eligi13 bility for credit under section 104 of the Water Resources 

14 Development of 1986 (33 U.S.C. 2214) that was approved 

15 by the Secretary prior to the date of enactment of this 

16 Act. 

17 SEC. 2013. CREDIT IN LIEU OF REIMBURSEMENT. 

18 Section 211(e)(2) of the Water Resources Develop19 ment Act of 1996 (33 U.S.C. 701b–13(e)(2)) is amended 

20 by adding at the end the following: 

21 ‘‘(C) STUDIES OR OTHER PROJECTS.—On 

22 the request of a non-Federal interest, in lieu of 

23 reimbursing a non-Federal interest the amount 

24 equal to the estimated Federal share of the cost 

25 of an authorized flood damage reduction project 
51 

†S 601 ES

1 or a separable element of an authorized flood 

2 damage reduction project under this subsection 

3 that has been constructed by the non-Federal 

4 interest under this section as of the date of en5 actment of this Act, the Secretary may provide 

6 the non-Federal interest with a credit in that 

7 amount, which the non-Federal interest may 

8 apply to the share of the cost of the non-Fed9 eral interest of carrying out other flood damage 

10 reduction projects or studies.’’. 

11 SEC. 2014. DAM OPTIMIZATION. 

12 (a) DEFINITION OF OTHER RELATED PROJECT BEN13 EFITS.—In this section, the term ‘‘other related project 

14 benefits’’ includes— 

15 (1) environmental protection and restoration, 

16 including restoration of water quality and water 

17 flows, improving movement of fish and other aquatic 

18 species, and restoration of floodplains, wetlands, and 

19 estuaries; 

20 (2) increased water supply storage (except for 

21 any project in the Apalachicola-Chattahoochee-Flint 

22 River system and the Alabama-Coosa-Tallapoosa 

23 River system); 

24 (3) increased hydropower generation; 

25 (4) reduced flood risk; 
52 

†S 601 ES

1 (5) additional navigation; and 

2 (6) improved recreation. 

3 (b) PROGRAM.— 

4 (1) IN GENERAL.—The Secretary may carry out 

5 activities— 

6 (A) to improve the efficiency of the oper7 ations and maintenance of dams and related in8 frastructure operated by the Corps of Engi9 neers; and 

10 (B) to maximize, to the extent prac11 ticable— 

12 (i) authorized project purposes; and 

13 (ii) other related project benefits. 

14 (2) ELIGIBLE ACTIVITIES.—An eligible activity 

15 under this section is any activity that the Secretary 

16 would otherwise be authorized to carry out that is 

17 designed to provide other related project benefits in 

18 a manner that does not adversely impact the author19 ized purposes of the project. 

20 (3) IMPACT ON AUTHORIZED PURPOSES.—An 

21 activity carried out under this section shall not ad22 versely impact any of the authorized purposes of the 

23 project. 

24 (4) EFFECT.— 
53 

†S 601 ES

1 (A) EXISTING AGREEMENTS.—Nothing in 

2 this section— 

3 (i) supersedes or modifies any written 

4 agreement between the Federal Govern5 ment and a non-Federal interest that is in 

6 effect on the date of enactment of this Act; 

7 or 

8 (ii) supersedes or authorizes any 

9 amendment to a multistate water-control 

10 plan, including the Missouri River Master 

11 Water Control Manual (as in effect on the 

12 date of enactment of this Act). 

13 (B) WATER RIGHTS.—Nothing in this sec14 tion— 

15 (i) affects any water right in existence 

16 on the date of enactment of this Act; 

17 (ii) preempts or affects any State 

18 water law or interstate compact governing 

19 water; or 

20 (iii) affects any authority of a State, 

21 as in effect on the date of enactment of 

22 this Act, to manage water resources within 

23 that State. 

24 (5) OTHER LAWS.— 
54 

†S 601 ES

1 (A) IN GENERAL.—An activity carried out 

2 under this section shall comply with all other 

3 applicable laws (including regulations). 

4 (B) WATER SUPPLY.—Any activity carried 

5 out under this section that results in any modi6 fication to water supply storage allocations at a 

7 reservoir operated by the Secretary shall comply 

8 with section 301 of the Water Supply Act of 

9 1958 (43 U.S.C. 390b). 

10 (c) POLICIES, REGULATIONS, AND GUIDANCE.—The 

11 Secretary shall carry out a review of, and as necessary 

12 modify, the policies, regulations, and guidance of the Sec13 retary to carry out the activities described in subsection 

14 (b). 

15 (d) COORDINATION.— 

16 (1) IN GENERAL.—The Secretary shall— 

17 (A) coordinate all planning and activities 

18 carried out under this section with appropriate 

19 Federal, State, and local agencies and those 

20 public and private entities that the Secretary 

21 determines may be affected by those plans or 

22 activities; and 

23 (B) give priority to planning and activities 

24 under this section if the Secretary determines 

25 that— 
55 

†S 601 ES

1 (i) the greatest opportunities exist for 

2 achieving the objectives of the program, as 

3 specified in subsection (b)(1), and 

4 (ii) the coordination activities under 

5 this subsection indicate that there is sup6 port for carrying out those planning and 

7 activities. 

8 (2) NON-FEDERAL INTERESTS.—Prior to car9 rying out an activity under this section, the Sec10 retary shall consult with any applicable non-Federal 

11 interest of the affected dam or related infrastruc12 ture. 

13 (e) REPORTS.— 

14 (1) IN GENERAL.—Not later than 2 years after 

15 the date of enactment of this Act and every 2 years 

16 thereafter, the Secretary shall submit to Congress a 

17 report describing the actions carried out under this 

18 section. 

19 (2) INCLUSIONS.—Each report under para20 graph (1) shall include— 

21 (A) a schedule for reviewing the operations 

22 of individual projects; and 

23 (B) any recommendations of the Secretary 

24 on changes that the Secretary determines to be 

25 necessary— 
56 

†S 601 ES

1 (i) to carry out existing project au2 thorizations, including the deauthorization 

3 of any water resource project that the Sec4 retary determines could more effectively be 

5 achieved through other means; 

6 (ii) to improve the efficiency of water 

7 resource project operations; and 

8 (iii) to maximize authorized project 

9 purposes and other related project benefits. 

10 (3) UPDATED REPORT.— 

11 (A) IN GENERAL.—Not later than 2 years 

12 after the date of enactment of this Act, the Sec13 retary shall update the report entitled ‘‘Author14 ized and Operating Purposes of Corps of Engi15 neers Reservoirs’’ and dated July 1992, which 

16 was produced pursuant to section 311 of the 

17 Water Resources Development Act of 1990 

18 (104 Stat. 4639). 

19 (B) INCLUSIONS.—The updated report de20 scribed in subparagraph (A) shall include— 

21 (i) the date on which the most recent 

22 review of project operations was conducted 

23 and any recommendations of the Secretary 

24 relating to that review the Secretary deter25 mines to be significant; and 
57 

†S 601 ES

1 (ii) the dates on which the rec2 ommendations described in clause (i) were 

3 carried out. 

4 (f) FUNDING.— 

5 (1) IN GENERAL.—The Secretary may use to 

6 carry out this section amounts made available to the 

7 Secretary from— 

8 (A) the general purposes and expenses ac9 count; 

10 (B) the operations and maintenance ac11 count; and 

12 (C) any other amounts that are appro13 priated to carry out this section. 

14 (2) FUNDING FROM OTHER SOURCES.—The 

15 Secretary may accept and expend amounts from 

16 non-Federal entities and other Federal agencies to 

17 carry out this section. 

18 (g) COOPERATIVE AGREEMENTS.—The Secretary 

19 may enter into cooperative agreements with other Federal 

20 agencies and non-Federal entities to carry out this section. 

21 SEC. 2015. WATER SUPPLY. 

22 Section 301 of the Water Supply Act of 1958 (43 

23 U.S.C. 390b) is amended by adding at the end the fol24 lowing: 
58 

†S 601 ES

1 ‘‘(e) The Committees of jurisdiction are very con2 cerned about the operation of projects in the Apalachicola3 Chattahoochee-Flint River System and the Alabama4 Coosa-Tallapoosa River System, and further, the Commit5 tees of jurisdiction recognize that this ongoing water re6 sources dispute raises serious concerns related to the au7 thority of the Secretary of the Army to allocate substantial 

8 storage at projects to provide local water supply pursuant 

9 to the Water Supply Act of 1958 absent congressional ap10 proval. Interstate water disputes of this nature are more 

11 properly addressed through interstate water agreements 

12 that take into consideration the concerns of all affected 

13 States including impacts to other authorized uses of the 

14 projects, water supply for communities and major cities 

15 in the region, water quality, freshwater flows to commu16 nities, rivers, lakes, estuaries, and bays located down17 stream of projects, agricultural uses, economic develop18 ment, and other appropriate concerns. To that end, the 

19 Committees of jurisdiction strongly urge the Governors of 

20 the affected States to reach agreement on an interstate 

21 water compact as soon as possible, and we pledge our com22 mitment to work with the affected States to ensure prompt 

23 consideration and approval of any such agreement. Absent 

24 such action, the Committees of jurisdiction should con25 sider appropriate legislation to address these matters in-
59 

†S 601 ES

1 cluding any necessary clarifications to the Water Supply 

2 Act of 1958 or other law. This subsection does not alter 

3 existing rights or obligations under law.’’. 

4 SEC. 2016. REPORT ON WATER STORAGE PRICING FOR5 MULAS. 

6 (a) FINDINGS.—Congress finds that— 

7 (1) due to the ongoing drought in many parts 

8 of the United States, communities are looking for 

9 ways to enhance their water storage on Corps of En10 gineer reservoirs so as to maintain a reliable supply 

11 of water into the foreseeable future; 

12 (2) water storage pricing formulas should be 

13 equitable and not create disparities between users; 

14 and 

15 (3) water pricing formulas should not be cost16 prohibitive for communities. 

17 (b) ASSESSMENT.— 

18 (1) IN GENERAL.—Not later than 180 days 

19 after the date of enactment of this Act, the Comp20 troller General of the United States shall initiate an 

21 assessment of the water storage pricing formulas of 

22 the Corps of Engineers, which shall include an as23 sessment of— 

24 (A) existing water storage pricing formulas 

25 of the Corps of Engineers, in particular wheth-
60 

†S 601 ES

1 er those formulas produce water storage costs 

2 for some beneficiaries that are greatly disparate 

3 from the costs of other beneficiaries; and 

4 (B) whether equitable water storage pric5 ing formulas could lessen the disparate impact 

6 and produce more affordable water storage for 

7 potential beneficiaries. 

8 (2) REPORT.—The Comptroller General of the 

9 United States shall submit to Congress a report on 

10 the assessment carried out under paragraph (1). 

11 SEC. 2017. CLARIFICATION OF PREVIOUSLY AUTHORIZED 

12 WORK. 

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

14 measures to improve fish species habitat within the foot15 print and downstream of a water resources project con16 structed by the Secretary that includes a fish hatchery if 

17 the Secretary— 

18 (1) has been explicitly authorized to compensate 

19 for fish losses associated with the project; and 

20 (2) determines that the measures are— 

21 (A) feasible; 

22 (B) consistent with authorized project pur23 poses and the fish hatchery; and 

24 (C) in the public interest. 

25 (b) COST SHARING.— 
61 

†S 601 ES

1 (1) IN GENERAL.—Subject to paragraph (2), 

2 the non-Federal interest shall contribute 35 percent 

3 of the total cost of carrying out activities under this 

4 section, including the costs relating to the provision 

5 or acquisition of required land, easements, rights-of6 way, dredged material disposal areas, and reloca7 tions. 

8 (2) OPERATION AND MAINTENANCE.—The non9 Federal interest shall contribute 100 percent of the 

10 costs of operation, maintenance, replacement, repair, 

11 and rehabilitation of a project constructed under 

12 this section. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—For each 

14 fiscal year, there is authorized to be appropriated to carry 

15 out this section $30,000,000. 

16 SEC. 2018. CONSIDERATION OF FEDERAL LAND IN FEASI17 BILITY STUDIES. 

18 At the request of the non-Federal interest, the Sec19 retary shall include as part of a regional or watershed 

20 study any Federal land that is located within the geo21 graphic scope of that study. 

22 SEC. 2019. PLANNING ASSISTANCE TO STATES. 

23 Section 22 of the Water Resources Development Act 

24 of 1974 (42 U.S.C. 1962d–16) is amended— 

25 (1) in subsection (a)— 
62 

†S 601 ES

1 (A) in paragraph (1)— 

2 (i) by inserting ‘‘or other stakeholder 

3 working with a State’’ after ‘‘cooperate 

4 with any State’’; and 

5 (ii) by inserting ‘‘, including plans to 

6 comprehensively address water resources 

7 challenges,’’ after ‘‘of such State’’; and 

8 (B) in paragraph (2)(A), by striking ‘‘, at 

9 Federal expense,’’; 

10 (2) in subsection (b)— 

11 (A) in paragraph (1), by striking ‘‘sub12 section (a)(1)’’ each place it appears and insert13 ing ‘‘subsection (a)’’; 

14 (B) by redesignating paragraphs (2) and 

15 (3) as paragraphs (3) and (4), respectively; and 

16 (C) by inserting after paragraph (1) the 

17 following: 

18 ‘‘(2) CONTRIBUTED FUNDS.—The Secretary 

19 may accept and expend funds in excess of the fees 

20 established under paragraph (1) that are provided 

21 by a State or other non-Federal public body for as22 sistance under this section.’’ ; and 

23 (3) in subsection (c)— 

24 (A) in paragraph (1)— 
63 

†S 601 ES

1 (i) by striking ‘‘$10,000,000’’ and in2 serting ‘‘$30,000,000’’; and 

3 (ii) by striking ‘‘$2,000,000’’ and in4 serting ‘‘$5,000,000 in Federal funds’’; 

5 and 

6 (B) in paragraph (2), by striking 

7 ‘‘$5,000,000’’ and inserting ‘‘$15,000,000’’. 

8 SEC. 2020. VEGETATION MANAGEMENT POLICY. 

9 (a) DEFINITION OF NATIONAL GUIDELINES.—In this 

10 section, the term ‘‘national guidelines’’ means the Corps 

11 of Engineers policy guidelines for management of vegeta12 tion on levees, including— 

13 (1) Engineering Technical Letter 1110–2–571 

14 entitled ‘‘Guidelines for Landscape Planting and 

15 Vegetation Management at Levees, Floodwalls, Em16 bankment Dams, and Appurtenant Structures’’ and 

17 adopted April 10, 2009; and 

18 (2) the draft policy guidance letter entitled 

19 ‘‘Process for Requesting a Variance from Vegetation 

20 Standards for Levees and Floodwalls’’ (77 Fed. Reg. 

21 9637 (Feb. 17, 2012)). 

22 (b) REVIEW.—Not later than 180 days after the date 

23 of enactment of this Act, the Secretary shall carry out a 

24 comprehensive review of the national guidelines in order 

25 to determine whether current Federal policy relating to 
64 

†S 601 ES

1 levee vegetation is appropriate for all regions of the United 

2 States. 

3 (c) FACTORS.— 

4 (1) IN GENERAL.—In carrying out the review, 

5 the Secretary shall consider— 

6 (A) the varied interests and responsibilities 

7 in managing flood risks, including the need— 

8 (i) to provide for levee safety with lim9 ited resources; and 

10 (ii) to ensure that levee safety invest11 ments minimize environmental impacts and 

12 provide corresponding public safety bene13 fits; 

14 (B) the levee safety benefits that can be 

15 provided by woody vegetation; 

16 (C) the preservation, protection, and en17 hancement of natural resources, including— 

18 (i) the benefit of vegetation on levees 

19 in providing habitat for endangered, 

20 threatened, and candidate species; and 

21 (ii) the impact of removing levee vege22 tation on compliance with other regulatory 

23 requirements; 

24 (D) protecting the rights of Indian tribes 

25 pursuant to treaties and statutes; 
65 

†S 601 ES

1 (E) the available science and the historical 

2 record regarding the link between vegetation on 

3 levees and flood risk; 

4 (F) the avoidance of actions requiring sig5 nificant economic costs and environmental im6 pacts; and 

7 (G) other factors relating to the factors de8 scribed in subparagraphs (A) through (F) iden9 tified in public comments that the Secretary de10 termines to be appropriate. 

11 (2) VARIANCE CONSIDERATIONS.— 

12 (A) IN GENERAL.—In carrying out the re13 view, the Secretary shall specifically consider 

14 whether the national guidelines can be amended 

15 to promote and allow for consideration of 

16 variances from national guidelines on a State17 wide, tribal, regional, or watershed basis, in18 cluding variances based on— 

19 (i) soil conditions; 

20 (ii) hydrologic factors; 

21 (iii) vegetation patterns and charac22 teristics; 

23 (iv) environmental resources, includ24 ing endangered, threatened, or candidate 
66 

†S 601 ES

1 species and related regulatory require2 ments; 

3 (v) levee performance history, includ4 ing historical information on original con5 struction and subsequent operation and 

6 maintenance activities; 

7 (vi) any effects on water supply; 

8 (vii) any scientific evidence on the link 

9 between levee vegetation and levee safety; 

10 (viii) institutional considerations, in11 cluding implementation challenges; 

12 (ix) the availability of limited funds 

13 for levee construction and rehabilitation; 

14 (x) the economic and environmental 

15 costs of removing woody vegetation on lev16 ees; and 

17 (xi) other relevant factors identified in 

18 public comments that the Secretary deter19 mines to be appropriate. 

20 (B) SCOPE.—The scope of a variance ap21 proved by the Secretary may include a complete 

22 exemption to national guidelines, as the Sec23 retary determines to be necessary. 

24 (d) COOPERATION AND CONSULTATION; REC25 OMMENDATIONS.— 
67 

†S 601 ES

1 (1) IN GENERAL.—The Secretary shall carry 

2 out the review under this section in consultation 

3 with other applicable Federal agencies, representa4 tives of State, regional, local, and tribal govern5 ments, appropriate nongovernmental organizations, 

6 and the public. 

7 (2) RECOMMENDATIONS.—The Chief of Engi8 neers and any State, tribal, regional, or local entity 

9 may submit to the Secretary any recommendations 

10 for vegetation management policies for levees that 

11 conform with Federal and State laws, including rec12 ommendations relating to the review of national 

13 guidelines under subsection (b) and the consider14 ation of variances under subsection (c)(2). 

15 (e) PEER REVIEW.— 

16 (1) IN GENERAL.—As part of the review, the 

17 Secretary shall solicit and consider the views of the 

18 National Academy of Engineering and the National 

19 Academy of Sciences on the engineering, environ20 mental, and institutional considerations underlying 

21 the national guidelines, including the factors de22 scribed in subsection (c) and any information ob23 tained by the Secretary under subsection (d). 

24 (2) AVAILABILITY OF VIEWS.—The views of the 

25 National Academy of Engineering and the National 
68 

†S 601 ES

1 Academy of Sciences obtained under paragraph (1) 

2 shall be— 

3 (A) made available to the public; and 

4 (B) included in supporting materials issued 

5 in connection with the revised national guide6 lines required under subsection (f). 

7 (f) REVISION OF NATIONAL GUIDELINES.— 

8 (1) IN GENERAL.—Not later than 2 years after 

9 the date of enactment of this Act, the Secretary 

10 shall— 

11 (A) revise the national guidelines based on 

12 the results of the review, including— 

13 (i) recommendations received as part 

14 of the consultation described in subsection 

15 (d)(1); and 

16 (ii) the results of the peer review con17 ducted under subsection (e); and 

18 (B) submit to Congress a report that con19 tains a summary of the activities of the Sec20 retary and a description of the findings of the 

21 Secretary under this section. 

22 (2) CONTENT; INCORPORATION INTO MAN23 UAL.—The revised national guidelines shall— 

24 (A) provide a practical, flexible process for 

25 approving Statewide, tribal, regional, or water-
69 

†S 601 ES

1 shed variances from the national guidelines 

2 that— 

3 (i) reflect due consideration of the fac4 tors described in subsection (c); and 

5 (ii) incorporate State, tribal, and re6 gional vegetation management guidelines 

7 for specific areas that have been adopted 

8 through a formal public process; and 

9 (B) be incorporated into the manual pro10 posed under section 5(c) of the Act entitled ‘‘An 

11 Act authorizing the construction of certain pub12 lic works on rivers and harbors for flood con13 trol, and for other purposes’’, approved August 

14 18, 1941 (33 U.S.C. 701n(c)). 

15 (3) FAILURE TO MEET DEADLINES.—If the 

16 Secretary fails to submit a report by the required 

17 deadline under this subsection, the Secretary shall 

18 submit to the Committee on Environment and Pub19 lic Works of the Senate and the Committee on 

20 Transportation and Infrastructure of the House of 

21 Representatives a detailed explanation of— 

22 (A) why the deadline was missed; 

23 (B) solutions needed to meet the deadline; 

24 and 
70 

†S 601 ES

1 (C) a projected date for submission of the 

2 report. 

3 (g) CONTINUATION OF WORK.—Concurrent with the 

4 completion of the requirements of this section, the Sec5 retary shall proceed without interruption or delay with 

6 those ongoing or programmed projects and studies, or ele7 ments of projects or studies, that are not directly related 

8 to vegetation variance policy. 

9 (h) INTERIM ACTIONS.— 

10 (1) IN GENERAL.—Until the date on which revi11 sions to the national guidelines are adopted in ac12 cordance with subsection (f), the Secretary shall not 

13 require the removal of existing vegetation as a condi14 tion or requirement for any approval or funding of 

15 a project, or any other action, unless the specific 

16 vegetation has been demonstrated to present an un17 acceptable safety risk. 

18 (2) REVISIONS.—Beginning on the date on 

19 which the revisions to the national guidelines are 

20 adopted in accordance with subsection (f), the Sec21 retary shall consider, on request of an affected enti22 ty, any previous action of the Corps of Engineers in 

23 which the outcome was affected by the former na24 tional guidelines. 
71 

†S 601 ES

1 SEC. 2021. LEVEE CERTIFICATIONS. 

2 (a) IMPLEMENTATION OF FLOOD PROTECTION

3 STRUCTURE ACCREDITATION TASK FORCE.—In carrying 

4 out section 100226 of the Biggert-Waters Flood Insurance 

5 Reform Act of 2012 (42 U.S.C. 4101 note; 126 Stat. 

6 942), the Secretary shall— 

7 (1) ensure that at least 1 program activity car8 ried out under the inspection of completed works 

9 program of the Corps of Engineers provides ade10 quate information to the Secretary to reach a levee 

11 accreditation decision for each requirement under 

12 section 65.10 of title 44, Code of Federal Regula13 tions (or successor regulation); and 

14 (2) to the maximum extent practicable, carry 

15 out activities under the inspection of completed 

16 works program of the Corps of Engineers in align17 ment with the schedule established for the national 

18 flood insurance program established under chapter 1 

19 of the National Flood Insurance Act of 1968 (42 

20 U.S.C. 4011 et seq.). 

21 (b) ACCELERATED LEVEE SYSTEM EVALUATIONS

22 AND CERTIFICATIONS.— 

23 (1) IN GENERAL.—On receipt of a request from 

24 a non-Federal interest, the Secretary may carry out 

25 a levee system evaluation and certification of a fed26 erally authorized levee for purposes of the national 
72 

†S 601 ES

1 flood insurance program established under chapter 1 

2 of the National Flood Insurance Act of 1968 (42 

3 U.S.C. 4011 et seq.) if the evaluation and certifi4 cation will be carried out earlier than such an eval5 uation and certification would be carried out under 

6 subsection (a). 

7 (2) REQUIREMENTS.—A levee system evalua8 tion and certification under paragraph (1) shall— 

9 (A) at a minimum, comply with section 

10 65.10 of title 44, Code of Federal Regulations 

11 (as in effect on the date of enactment of this 

12 Act); and 

13 (B) be carried out in accordance with such 

14 procedures as the Secretary, in consultation 

15 with the Director of the Federal Emergency 

16 Management Agency, may establish. 

17 (3) COST SHARING.— 

18 (A) NON-FEDERAL SHARE.—Subject to 

19 subparagraph (B), the non-Federal share of the 

20 cost of carrying out a levee system evaluation 

21 and certification under this subsection shall be 

22 35 percent. 

23 (B) ADJUSTMENT.—The Secretary shall 

24 adjust the non-Federal share of the cost of car25 rying out a levee system evaluation and certifi-
73 

†S 601 ES

1 cation under this subsection in accordance with 

2 section 103(m) of the Water Resources Devel3 opment Act of 1986 (33 U.S.C. 2213(m)). 

4 (4) APPLICATION.—Nothing in this subsection 

5 affects the requirement under section 100226(b)(2) 

6 of the Biggert-Waters Flood Insurance Reform Act 

7 of 2012 (42 U.S.C. 4101 note; 126 Stat. 942). 

8 SEC. 2022. RESTORATION OF FLOOD AND HURRICANE 

9 STORM DAMAGE REDUCTION PROJECTS. 

10 (a) IN GENERAL.—The Secretary shall carry out any 

11 measures necessary to repair or restore federally author12 ized flood and hurricane and storm damage reduction 

13 projects constructed by the Corps of Engineers to author14 ized levels (as of the date of enactment of this Act) of 

15 protection for reasons including settlement, subsidence, 

16 sea level rise, and new datum, if the Secretary determines 

17 the necessary work is technically feasible, environmentally 

18 acceptable, and economically justified. 

19 (b) COST SHARE.—The non-Federal share of the cost 

20 of construction of a project carried out under this section 

21 shall be determined as provided in subsections (a) through 

22 (d) of section 103 of the Water Resources Development 

23 Act of 1986 (33 U.S.C. 2213). 

24 (c) OPERATIONS AND MAINTENANCE.—The non-Fed25 eral share of the cost of operations, maintenance, repair, 
74 

†S 601 ES

1 replacement, and rehabilitation for a project carried out 

2 under this section shall be 100 percent. 

3 (d) ELIGIBILITY OF PROJECTS TRANSFERRED TO

4 NON-FEDERAL INTEREST.—The Secretary may carry out 

5 measures described in subsection (a) on a water resources 

6 project, separable element of a project, or functional com7 ponent of a project that has been transferred to the non8 Federal interest. 

9 (e) REPORT TO CONGRESS.—Not later than 8 years 

10 after the date of enactment of this Act, the Secretary shall 

11 submit to the Committee on Environment and Public 

12 Works of the Senate and the Committee on Transpor13 tation and Infrastructure of the House of Representatives 

14 a report on the implementation of this section, including— 

15 (1) any recommendations relating to the contin16 ued need for the authority provided in this section; 

17 (2) a description of the measures carried out 

18 under this section; 

19 (3) any lessons learned relating to the measures 

20 implemented under this section; and 

21 (4) best practices for carrying out measures to 

22 restore flood and hurricane and storm damage re23 duction projects. 

24 (f) TERMINATION OF AUTHORITY.—The authority to 

25 carry out a measure under this section terminates on the 
75 

†S 601 ES

1 date that is 10 years after the date of enactment of this 

2 Act. 

3 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to the Secretary to carry 

5 out this section $250,000,000. 

6 SEC. 2023. OPERATION AND MAINTENANCE OF CERTAIN 

7 PROJECTS. 

8 The Secretary may assume operation and mainte9 nance activities for a navigation channel that is deepened 

10 by a non-Federal interest prior to December 31, 2012, 

11 if— 

12 (1) the Secretary determines that the require13 ments under paragraphs (2) and (3) of section 

14 204(f) of the Water Resources Development Act of 

15 1986 (33 U.S.C. 2232(f)) are met; 

16 (2) the Secretary determines that the activities 

17 carried out by the non-Federal interest in deepening 

18 the navigation channel are economically justified and 

19 environmentally acceptable; and 

20 (3) the deepening activities have been carried 

21 out on a Federal navigation channel that— 

22 (A) exists as of the date of enactment of 

23 this Act; and 

24 (B) has been authorized by Congress. 
76 

†S 601 ES

1 SEC. 2024. DREDGING STUDY. 

2 (a) IN GENERAL.—The Secretary, in conjunction 

3 with other relevant Federal agencies and applicable non4 Federal interests, shall carry out a study— 

5 (1) to compare domestic and international 

6 dredging markets, including costs, technologies, and 

7 management approaches used in each respective 

8 market, and determine the impacts of those markets 

9 on dredging needs and practices in the United 

10 States; 

11 (2) to analyze past and existing practices, tech12 nologies, and management approaches used in 

13 dredging in the United States; and 

14 (3) to develop recommendations relating to the 

15 best techniques, practices, and management ap16 proaches for dredging in the United States. 

17 (b) PURPOSES.—The purposes of the study under 

18 this section are— 

19 (1) the identification of the best techniques, 

20 methods, and technologies for dredging, including 

21 the evaluation of the feasibility, cost, and benefits 

22 of— 

23 (A) new dredging technologies; and 

24 (B) improved dredging practices and tech25 niques; 
77 

†S 601 ES

1 (2) the appraisal of the needs of the United 

2 States for dredging, including the need to increase 

3 the size of private and Corps of Engineers dredging 

4 fleets to meet demands for additional construction or 

5 maintenance dredging needed as of the date of en6 actment of this Act and in the subsequent 20 years; 

7 (3) the identification of any impediments to 

8 dredging, including any recommendations of appro9 priate alternatives for responding to those impedi10 ments; 

11 (4) the assessment, including any recommenda12 tions of appropriate alternatives, of the adequacy 

13 and effectiveness of— 

14 (A) the economic, engineering, and envi15 ronmental methods, models, and analyses used 

16 by the Chief of Engineers and private dredging 

17 operations for dredging; and 

18 (B) the current cost structure of construc19 tion contracts entered into by the Chief of En20 gineers; 

21 (5) the evaluation of the efficiency and effec22 tiveness of past, current, and alternative dredging 

23 practices and alternatives to dredging, including agi24 tation dredging; and 
78 

†S 601 ES

1 (6) the identification of innovative techniques 

2 and cost-effective methods to expand regional sedi3 ment management efforts, including the placement 

4 of dredged sediment within river diversions to accel5 erate the creation of wetlands. 

6 (c) STUDY TEAM.— 

7 (1) IN GENERAL.—The Secretary shall establish 

8 a study team to assist the Secretary in planning, 

9 carrying out, and reporting on the results of the 

10 study under this section. 

11 (2) STUDY TEAM.—The study team established 

12 pursuant to paragraph (1) shall— 

13 (A) be appointed by the Secretary; and 

14 (B) represent a broad spectrum of experts 

15 in the field of dredging and representatives of 

16 relevant State agencies and relevant non-Fed17 eral interests. 

18 (d) PUBLIC COMMENT PERIOD.—The Secretary 

19 shall— 

20 (1) make available to the public, including on 

21 the Internet, all draft and final study findings under 

22 this section; and 

23 (2) allow for a public comment period of not 

24 less than 30 days on any draft study findings prior 

25 to issuing final study findings. 
79 

†S 601 ES

1 (e) REPORT TO CONGRESS.—Not later than 2 years 

2 after the date of enactment of this Act, and subject to 

3 available appropriations, the Secretary, in consultation 

4 with the study team established under subsection (c), shall 

5 submit a detailed report on the results of the study to the 

6 Committee on Environment and Public Works of the Sen7 ate and the Committee on Transportation and Infrastruc8 ture of the House of Representatives. 

9 (f) FAILURE TO MEET DEADLINES.—If the Sec10 retary does not complete the study under this section and 

11 submit a report to Congress under subsection (e) on or 

12 before the deadline described in that subsection, the Sec13 retary shall notify Congress and describe why the study 

14 was not completed. 

15 SEC. 2025. NON-FEDERAL PROJECT IMPLEMENTATION 

16 PILOT PROGRAM. 

17 (a) IN GENERAL.—Not later than 180 days after the 

18 date of enactment of this Act, the Secretary shall establish 

19 and implement a pilot program to evaluate the cost-effec20 tiveness and project delivery efficiency of allowing non21 Federal interests to carry out flood risk management, hur22 ricane and storm damage reduction, coastal harbor and 

23 channel inland navigation, and aquatic ecosystem restora24 tion projects. 
80 

†S 601 ES

1 (b) PURPOSES.—The purposes of the pilot program 

2 are— 

3 (1) to identify project delivery and cost-saving 

4 alternatives that reduce the backlog of authorized 

5 Corps of Engineers projects; 

6 (2) to evaluate the technical, financial, and or7 ganizational efficiencies of a non-Federal interest 

8 carrying out the design, execution, management, and 

9 construction of 1 or more projects; and 

10 (3) to evaluate alternatives for the decentraliza11 tion of the project management, design, and con12 struction for authorized Corps of Engineers water 

13 resources projects. 

14 (c) ADMINISTRATION.— 

15 (1) IN GENERAL.—In carrying out the pilot 

16 program, the Secretary shall— 

17 (A) identify a total of not more than 15 

18 projects for flood risk management, hurricane 

19 and storm damage reduction (including levees, 

20 floodwalls, flood control channels, and water 

21 control structures), coastal harbor and chan22 nels, inland navigation, and aquatic ecosystem 

23 restoration that have been authorized for con24 struction prior to the date of enactment of this 

25 Act, including— 
81 

†S 601 ES

1 (i) not more than 12 projects that— 

2 (I)(aa) have received Federal 

3 funds prior to the date of enactment 

4 of this Act; or 

5 (bb) for more than 2 consecutive 

6 fiscal years, have an unobligated fund7 ing balance for that project in the 

8 Corps of Engineers construction ac9 count; and 

10 (II) to the maximum extent prac11 ticable, are located in each of the divi12 sions of the Corps of Engineers; and 

13 (ii) not more than 3 projects that 

14 have not received Federal funds in the pe15 riod beginning on the date on which the 

16 project was authorized and ending on the 

17 date of enactment of this Act; 

18 (B) notify the Committee on Environment 

19 and Public Works of the Senate and the Com20 mittee on Transportation and Infrastructure of 

21 the House of Representatives on the identifica22 tion of each project under the pilot program; 

23 (C) in collaboration with the non-Federal 

24 interest, develop a detailed project management 

25 plan for each identified project that outlines the 
82 

†S 601 ES

1 scope, budget, design, and construction resource 

2 requirements necessary for the non-Federal in3 terest to execute the project, or a separable ele4 ment of the project; 

5 (D) on the request of the non-Federal in6 terest, enter into a project partnership agree7 ment with the non-Federal interest for the non8 Federal interest to provide full project manage9 ment control for construction of the project, or 

10 a separable element of the project, in accord11 ance with plans approved by the Secretary; 

12 (E) following execution of the project part13 nership agreement, transfer to the non-Federal 

14 interest to carry out construction of the project, 

15 or a separable element of the project— 

16 (i) if applicable, the balance of the un17 obligated amounts appropriated for the 

18 project, except that the Secretary shall re19 tain sufficient amounts for the Corps of 

20 Engineers to carry out any responsibilities 

21 of the Corps of Engineers relating to the 

22 project and pilot program; and 

23 (ii) additional amounts, as determined 

24 by the Secretary, from amounts made 

25 available under subsection (h), except that 
83 

†S 601 ES

1 the total amount transferred to the non2 Federal interest shall not exceed the up3 dated estimate of the Federal share of the 

4 cost of construction, including any required 

5 design; and 

6 (F) regularly monitor and audit each 

7 project being constructed by a non-Federal in8 terest under this section to ensure that the con9 struction activities are carried out in compli10 ance with the plans approved by the Secretary 

11 and that the construction costs are reasonable. 

12 (2) DETAILED PROJECT SCHEDULE.—Not later 

13 than 180 days after entering into an agreement 

14 under paragraph (1)(D), each non-Federal interest, 

15 to the maximum extent practicable, shall submit to 

16 the Secretary a detailed project schedule, based on 

17 estimated funding levels, that lists all deadlines for 

18 each milestone in the construction of the project. 

19 (3) TECHNICAL ASSISTANCE.—On the request 

20 of a non-Federal interest, the Secretary may provide 

21 technical assistance to the non-Federal interest, if 

22 the non-Federal interest contracts with and com23 pensates the Secretary for the technical assistance 

24 relating to— 
84 

†S 601 ES

1 (A) any study, engineering activity, and 

2 design activity for construction carried out by 

3 the non-Federal interest under this section; and 

4 (B) expeditiously obtaining any permits 

5 necessary for the project. 

6 (d) COST-SHARE.—Nothing in this section affects the 

7 cost-sharing requirement applicable on the day before the 

8 date of enactment of this Act to a project carried out 

9 under this section. 

10 (e) REPORT.— 

11 (1) IN GENERAL.—Not later than 3 years after 

12 the date of enactment of this Act, the Secretary 

13 shall submit to the Committee on Environment and 

14 Public Works of the Senate and the Committee on 

15 Transportation and Infrastructure of the House of 

16 Representatives a report detailing the results of the 

17 pilot program carried out under this section, includ18 ing— 

19 (A) a description of the progress of non20 Federal interests in meeting milestones in de21 tailed project schedules developed pursuant to 

22 subsection (c)(2); and 

23 (B) any recommendations of the Secretary 

24 concerning whether the program or any compo-
85 

†S 601 ES

1 nent of the program should be implemented on 

2 a national basis. 

3 (2) UPDATE.—Not later than 5 years after the 

4 date of enactment of this Act, the Secretary shall 

5 submit to the Committee on Environment and Pub6 lic Works of the Senate and the Committee on 

7 Transportation and Infrastructure of the House of 

8 Representatives an update of the report described in 

9 paragraph (1). 

10 (3) FAILURE TO MEET DEADLINE.—If the Sec11 retary fails to submit a report by the required dead12 line under this subsection, the Secretary shall sub13 mit to the Committee on Environment and Public 

14 Works of the Senate and the Committee on Trans15 portation Infrastructure of the House of Representa16 tives a detailed explanation of why the deadline was 

17 missed and a projected date for submission of the 

18 report. 

19 (f) ADMINISTRATION.—All laws and regulations that 

20 would apply to the Secretary if the Secretary were car21 rying out the project shall apply to a non-Federal interest 

22 carrying out a project under this section. 

23 (g) TERMINATION OF AUTHORITY.—The authority to 

24 commence a project under this section terminates on the 
86 

†S 601 ES

1 date that is 5 years after the date of enactment of this 

2 Act. 

3 (h) AUTHORIZATION OF APPROPRIATIONS.—In addi4 tion to any amounts appropriated for a specific project, 

5 there is authorized to be appropriated to the Secretary to 

6 carry out the pilot program under this section, including 

7 the costs of administration of the Secretary, $25,000,000 

8 for each of fiscal years 2014 through 2018. 

9 SEC. 2026. NON-FEDERAL IMPLEMENTATION OF FEASI10 BILITY STUDIES. 

11 (a) IN GENERAL.—Not later than 180 days after the 

12 date of enactment of this Act, the Secretary shall establish 

13 and implement a pilot program to evaluate the cost-effec14 tiveness and project delivery efficiency of allowing non15 Federal interests to carry out feasibility studies for flood 

16 risk management, hurricane and storm damage reduction, 

17 aquatic ecosystem restoration, and coastal harbor and 

18 channel and inland navigation. 

19 (b) PURPOSES.—The purposes of the pilot program 

20 are— 

21 (1) to identify project delivery and cost-saving 

22 alternatives to the existing feasibility study process; 

23 (2) to evaluate the technical, financial, and or24 ganizational efficiencies of a non-Federal interest 
87 

†S 601 ES

1 carrying out a feasibility study of 1 or more 

2 projects; and 

3 (3) to evaluate alternatives for the decentraliza4 tion of the project planning, management, and oper5 ational decisionmaking process of the Corps of Engi6 neers. 

7 (c) ADMINISTRATION.— 

8 (1) IN GENERAL.—On the request of a non9 Federal interest, the Secretary may enter into an 

10 agreement with the non-Federal interest for the non11 Federal interest to provide full project management 

12 control of a feasibility study for a project for— 

13 (A) flood risk management; 

14 (B) hurricane and storm damage reduc15 tion, including levees, floodwalls, flood control 

16 channels, and water control structures; 

17 (C) coastal harbor and channel and inland 

18 navigation; and 

19 (D) aquatic ecosystem restoration. 

20 (2) USE OF NON-FEDERAL-FUNDS.— 

21 (A) IN GENERAL.—A non-Federal interest 

22 that has entered into an agreement with the 

23 Secretary pursuant to paragraph (1) may use 

24 non-Federal funds to carry out the feasibility 

25 study. 
88 

†S 601 ES

1 (B) CREDIT.—The Secretary shall credit 

2 towards the non-Federal share of the cost of 

3 construction of a project for which a feasibility 

4 study is carried out under this section an 

5 amount equal to the portion of the cost of de6 veloping the study that would have been the re7 sponsibility of the Secretary, if the study were 

8 carried out by the Secretary, subject to the con9 ditions that— 

10 (i) non-Federal funds were used to 

11 carry out the activities that would have 

12 been the responsibility of the Secretary; 

13 (ii) the Secretary determines that the 

14 feasibility study complies with all applica15 ble Federal laws and regulations; and 

16 (iii) the project is authorized by any 

17 provision of Federal law enacted after the 

18 date on which an agreement is entered into 

19 under paragraph (1). 

20 (3) TRANSFER OF FUNDS.— 

21 (A) IN GENERAL.—After the date on which 

22 an agreement is executed pursuant to para23 graph (1), the Secretary may transfer to the 

24 non-Federal interest to carry out the feasibility 

25 study— 
89 

†S 601 ES

1 (i) if applicable, the balance of any 

2 unobligated amounts appropriated for the 

3 study, except that the Secretary shall re4 tain sufficient amounts for the Corps of 

5 Engineers to carry out any responsibilities 

6 of the Corps of Engineers relating to the 

7 project and pilot program; and 

8 (ii) additional amounts, as determined 

9 by the Secretary, from amounts made 

10 available under subsection (h), except that 

11 the total amount transferred to the non12 Federal interest shall not exceed the up13 dated estimate of the Federal share of the 

14 cost of the feasibility study. 

15 (B) ADMINISTRATION.—The Secretary 

16 shall include such provisions as the Secretary 

17 determines to be necessary in an agreement 

18 under paragraph (1) to ensure that a non-Fed19 eral interest receiving Federal funds under this 

20 paragraph— 

21 (i) has the necessary qualifications to 

22 administer those funds; and 

23 (ii) will comply with all applicable 

24 Federal laws (including regulations) relat25 ing to the use of those funds. 
90 

†S 601 ES

1 (4) NOTIFICATION.—The Secretary shall notify 

2 the Committee on Environment and Public Works of 

3 the Senate and the Committee on Transportation 

4 and Infrastructure of the House of Representatives 

5 on the initiation of each feasibility study under the 

6 pilot program. 

7 (5) AUDITING.—The Secretary shall regularly 

8 monitor and audit each feasibility study carried out 

9 by a non-Federal interest under this section to en10 sure that the use of any funds transferred under 

11 paragraph (3) are used in compliance with the 

12 agreement signed under paragraph (1). 

13 (6) TECHNICAL ASSISTANCE.—On the request 

14 of a non-Federal interest, the Secretary may provide 

15 technical assistance to the non-Federal interest re16 lating to any aspect of the feasibility study, if the 

17 non-Federal interest contracts with the Secretary for 

18 the technical assistance and compensates the Sec19 retary for the technical assistance. 

20 (7) DETAILED PROJECT SCHEDULE.—Not later 

21 than 180 days after entering into an agreement 

22 under paragraph (1), each non-Federal interest, to 

23 the maximum extent practicable, shall submit to the 

24 Secretary a detailed project schedule, based on full 
91 

†S 601 ES

1 funding capability, that lists all deadlines for mile2 stones relating to the feasibility study. 

3 (d) COST-SHARE.—Nothing in this section affects the 

4 cost-sharing requirement applicable on the day before the 

5 date of enactment of this Act to a feasibility study carried 

6 out under this section. 

7 (e) REPORT.— 

8 (1) IN GENERAL.—Not later than 2 years after 

9 the date of enactment of this Act, the Secretary 

10 shall submit to the Committee on Environment and 

11 Public Works of the Senate and the Committee on 

12 Transportation and Infrastructure of the House of 

13 Representatives a report detailing the results of the 

14 pilot program carried out under this section, includ15 ing— 

16 (A) a description of the progress of the 

17 non-Federal interests in meeting milestones in 

18 detailed project schedules developed pursuant to 

19 subsection (c)(7); and 

20 (B) any recommendations of the Secretary 

21 concerning whether the program or any compo22 nent of the program should be implemented on 

23 a national basis. 

24 (2) UPDATE.—Not later than 5 years after the 

25 date of enactment of this Act, the Secretary shall 
92 

†S 601 ES

1 submit to the Committee on Environment and Pub2 lic Works of the Senate and the Committee on 

3 Transportation and Infrastructure of the House of 

4 Representatives an update of the report described in 

5 paragraph (1). 

6 (3) FAILURE TO MEET DEADLINE.—If the Sec7 retary fails to submit a report by the required dead8 line under this subsection, the Secretary shall sub9 mit to the Committee on Environment and Public 

10 Works of the Senate and the Committee on Trans11 portation Infrastructure of the House of Representa12 tives a detailed explanation of why the deadline was 

13 missed and a projected date for submission of the 

14 report. 

15 (f) ADMINISTRATION.—All laws and regulations that 

16 would apply to the Secretary if the Secretary were car17 rying out the feasibility study shall apply to a non-Federal 

18 interest carrying out a feasibility study under this section. 

19 (g) TERMINATION OF AUTHORITY.—The authority to 

20 commence a feasibility study under this section terminates 

21 on the date that is 5 years after the date of enactment 

22 of this Act. 

23 (h) AUTHORIZATION OF APPROPRIATIONS.—In addi24 tion to any amounts appropriated for a specific project, 

25 there is authorized to be appropriated to the Secretary to 
93 

†S 601 ES

1 carry out the pilot program under this section, including 

2 the costs of administration of the Secretary, $25,000,000 

3 for each of fiscal years 2014 through 2018. 

4 SEC. 2027. TRIBAL PARTNERSHIP PROGRAM. 

5 Section 203 of the Water Resources Development Act 

6 of 2000 (33 U.S.C. 2269) is amended— 

7 (1) in subsection (d)(1)(B)— 

8 (A) by striking ‘‘The ability’’ and inserting 

9 the following: 

10 ‘‘(i) IN GENERAL.—The ability’’; and 

11 (B) by adding at the end the following: 

12 ‘‘(ii) DETERMINATION.—Not later 

13 than 180 days after the date of enactment 

14 of the Water Resources Development Act 

15 of 2013, the Secretary shall issue guidance 

16 on the procedures described in clause (i).’’; 

17 and 

18 (2) in subsection (e), by striking ‘‘2012’’ and 

19 inserting ‘‘2023’’. 

20 SEC. 2028. COOPERATIVE AGREEMENTS WITH COLUMBIA 

21 RIVER BASIN INDIAN TRIBES. 

22 The Secretary may enter into a cooperative agree23 ment with 1 or more federally recognized Indian tribes (or 

24 a designated representative of the Indian tribes) that are 

25 located, in whole or in part, within the boundaries of the 
94 

†S 601 ES

1 Columbia River Basin to carry out authorized activities 

2 within the Columbia River Basin to protect fish, wildlife, 

3 water quality, and cultural resources. 

4 SEC. 2029. MILITARY MUNITIONS RESPONSE ACTIONS AT 

5 CIVIL WORKS SHORELINE PROTECTION 

6 PROJECTS. 

7 (a) IN GENERAL.—The Secretary may implement 

8 any response action the Secretary determines to be nec9 essary at a site where— 

10 (1) the Secretary has carried out a project 

11 under civil works authority of the Secretary that in12 cludes placing sand on a beach; 

13 (2) as a result of the project described in para14 graph (1), military munitions that were originally re15 leased as a result of Department of Defense activi16 ties are deposited on the beach, posing a threat to 

17 human health or the environment. 

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

19 described in subsection (a) shall be funded from amounts 

20 made available to the agency within the Department of 

21 Defense responsible for the original release of the muni22 tions. 
95 

†S 601 ES

1 SEC. 2030. BEACH NOURISHMENT. 

2 Section 156 of the Water Resources Development Act 

3 of 1976 (42 U.S.C. 1962d–5f) is amended to read as fol4 lows: 

5 ‘‘SEC. 156. BEACH NOURISHMENT. 

6 ‘‘(a) IN GENERAL.—Subject to subsection (b)(2)(A), 

7 the Secretary of the Army, acting through the Chief of 

8 Engineers, may provide periodic beach nourishment for 

9 each water resources development project for which that 

10 nourishment has been authorized for an additional period 

11 of time, as determined by the Secretary, subject to the 

12 condition that the additional period shall not exceed the 

13 later of— 

14 ‘‘(1) 50 years after the date on which the con15 struction of the project is initiated; or 

16 ‘‘(2) the date on which the last estimated peri17 odic nourishment for the project is to be carried out, 

18 as recommended in the applicable report of the Chief 

19 of Engineers. 

20 ‘‘(b) EXTENSION.— 

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graph (3), before the date on which the 50-year pe23 riod referred to in subsection (a)(1) expires, the Sec24 retary of the Army, acting through the Chief of En25 gineers— 
96 

†S 601 ES

1 ‘‘(A) may, at the request of the non-Fed2 eral interest and subject to the availability of 

3 appropriations, carry out a review of a nourish4 ment project carried out under subsection (a) to 

5 evaluate the feasibility of continuing Federal 

6 participation in the project for a period not to 

7 exceed 15 years; and 

8 ‘‘(B) shall submit to Congress any rec9 ommendations of the Secretary relating to the 

10 review. 

11 ‘‘(2) PLAN FOR REDUCING RISK TO PEOPLE

12 AND PROPERTY.— 

13 ‘‘(A) IN GENERAL.—The non-Federal in14 terest shall submit to the Secretary a plan for 

15 reducing the risk to people and property during 

16 the life of the project. 

17 ‘‘(B) INCLUSION IN REPORT TO CON18 GRESS.—The Secretary shall submit to Con19 gress the plan described in subparagraph (A) 

20 with the recommendations submitted in para21 graph (1)(B). 

22 ‘‘(3) REVIEW COMMENCED WITHIN 2 YEARS OF

23 EXPIRATION OF 50-YEAR PERIOD.— 

24 ‘‘(A) IN GENERAL.—If the Secretary of the 

25 Army commences a review under paragraph (1) 
97 

†S 601 ES

1 not earlier than the period beginning on the 

2 date that is 2 years before the date on which 

3 the 50-year period referred to in subsection 

4 (a)(1) expires and ending on the date on which 

5 the 50-year period expires, the project shall re6 main authorized after the expiration of the 50- 

7 year period until the earlier of— 

8 ‘‘(i) 3 years after the expiration of the 

9 50-year period; or 

10 ‘‘(ii) the date on which a determina11 tion is made as to whether to extend Fed12 eral participation in the project in accord13 ance with paragraph (1). 

14 ‘‘(B) CALCULATION OF TIME PERIOD FOR

15 EXTENSION.—Notwithstanding clauses (i) and 

16 (ii) of subparagraph (A) and after a review 

17 under subparagraph (A) is completed, if a de18 termination is made to extend Federal partici19 pation in the project in accordance with para20 graph (1) for a period not to exceed 15 years, 

21 that period shall begin on the date on which the 

22 determination is made.’’. 
98 

†S 601 ES

1 SEC. 2031. REGIONAL SEDIMENT MANAGEMENT. 

2 Section 204 of the Water Resources Development Act 

3 of 1992 (33 U.S.C. 2326) (as amended by section 

4 2003(c)) is amended— 

5 (1) in subsection (a)— 

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

7 in’’ after ‘‘obtained through’’; and 

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

9 the purposes of improving environmental condi10 tions in marsh and littoral systems, stabilizing 

11 stream channels, enhancing shorelines, and sup12 porting State and local risk management adap13 tation strategies’’ before the period at the end; 

14 (2) in subsection (c)(1)(B)— 

15 (A) in clause (i), by striking ‘‘clause (ii)’’ 

16 and inserting ‘‘clauses (ii) and (iii)’’; 

17 (B) by redesignating clause (ii) as clause 

18 (iii); and 

19 (C) by inserting after clause (i) the fol20 lowing: 

21 ‘‘(ii) REDUCTION IN NON-FEDERAL

22 SHARE.—The Secretary may reduce the 

23 non-Federal share of the costs of construc24 tion of a project if the Secretary deter25 mines that, through the beneficial use of 

26 sediment at another Federal project, there 
99 

†S 601 ES

1 will be an associated reduction or avoid2 ance of Federal costs.’’; 

3 (3) in subsection (d)— 

4 (A) by striking the subsection designation 

5 and heading and inserting the following: 

6 ‘‘(d) SELECTION OF DREDGED MATERIAL DISPOSAL

7 METHOD FOR PURPOSES RELATED TO ENVIRONMENTAL

8 RESTORATION OR STORM DAMAGE AND FLOOD REDUC9 TION.—’’; and 

10 (B) in paragraph (1), by striking ‘‘in rela11 tion to’’ and all that follows through the period 

12 at the end and inserting ‘‘in relation to— 

13 ‘‘(A) the environmental benefits, including 

14 the benefits to the aquatic environment to be 

15 derived from the creation of wetlands and con16 trol of shoreline erosion; or 

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

18 flood reduction benefits, including shoreline pro19 tection, protection against loss of life, and dam20 age to improved property.’’; and 

21 (4) in subsection (e), by striking paragraph (1) 

22 and inserting the following: 

23 ‘‘(1) cooperate with any State or group of 

24 States in the preparation of a comprehensive State 
100 

†S 601 ES

1 or regional sediment management plan within the 

2 boundaries of the State or among States;’’. 

3 SEC. 2032. STUDY ACCELERATION. 

4 (a) FINDINGS.—Congress finds that— 

5 (1) delays in the completion of feasibility stud6 ies— 

7 (A) increase costs for the Federal Govern8 ment as well as State and local governments; 

9 and 

10 (B) delay the implementation of water re11 sources projects that provide critical benefits, 

12 including reducing flood risk, maintaining com13 mercially important flood risk, and restoring 

14 vital ecosystems; and 

15 (2) the efforts undertaken by the Corps of En16 gineers through the establishment of the ‘‘3–3–3’’ 

17 planning process should be continued. 

18 (b) ACCELERATION OF STUDIES.— 

19 (1) IN GENERAL.—Subject to paragraphs (2) 

20 and (3), a feasibility study initiated after the date 

21 of enactment of this Act shall— 

22 (A) be completed not later than 3 years 

23 after the date of initiation of the study; and 

24 (B) have a maximum Federal cost share of 

25 $3,000,000. 
101 

†S 601 ES

1 (2) ABILITY TO COMPLY.—On initiating a feasi2 bility study under paragraph (1), the Secretary 

3 shall— 

4 (A) certify that the study will comply with 

5 the requirements of paragraph (1); 

6 (B) for projects the Secretary determines 

7 to be too complex to comply with the require8 ments of paragraph (1)— 

9 (i) not less than 30 days after making 

10 a determination, notify the non-Federal in11 terest regarding the inability to comply; 

12 and 

13 (ii) provide a new projected timeline 

14 and cost; and 

15 (C) if the study conditions have changed 

16 such that scheduled timelines or study costs will 

17 not be met— 

18 (i) not later than 30 days after the 

19 study conditions change, notify the non20 Federal interest of those changed condi21 tions; and 

22 (ii) present the non-Federal interest 

23 with a new timeline for completion and 

24 new projected study costs. 

25 (3) APPROPRIATIONS.— 
102 

†S 601 ES

1 (A) IN GENERAL.—All timeline and cost 

2 conditions under this section shall be subject to 

3 the Secretary receiving adequate appropriations 

4 for meeting study timeline and cost require5 ments. 

6 (B) NOTIFICATION.—Not later than 60 

7 days after receiving appropriations, the Sec8 retary shall notify the non-Federal interest of 

9 any changes to timelines or costs due to inad10 equate appropriations. 

11 (c) REPORT.—Not later than 18 months after the 

12 date of enactment of this Act and each year thereafter, 

13 the Secretary shall submit to the Committee on Environ14 ment and Public Works of the Senate and the Committee 

15 on Transportation and Infrastructure of the House of 

16 Representatives a report that describes— 

17 (1) the status of the implementation of the ‘‘3– 

18 3–3’’ planning process, including the number of par19 ticipating projects; 

20 (2) the amount of time taken to complete all 

21 studies participating in the ‘‘3–3–3’’ planning proc22 ess; and 

23 (3) any recommendations for additional author24 ity necessary to support efforts to expedite the feasi25 bility study process for water resource projects. 
103 

†S 601 ES

1 SEC. 2033. PROJECT ACCELERATION. 

2 Section 2045 of the Water Resources Development 

3 Act of 2007 (33 U.S.C. 2348) is amended to read as fol4 lows: 

5 ‘‘SEC. 2045. PROJECT ACCELERATION. 

6 ‘‘(a) DEFINITIONS.—In this section: 

7 ‘‘(1) ENVIRONMENTAL IMPACT STATEMENT.— 

8 The term ‘environmental impact statement’ means 

9 the detailed statement of environmental impacts of 

10 water resource projects required to be prepared pur11 suant to the National Environmental Policy Act of 

12 1969 (42 U.S.C. 4321 et seq.). 

13 ‘‘(2) ENVIRONMENTAL REVIEW PROCESS.— 

14 ‘‘(A) IN GENERAL.—The term ‘environ15 mental review process’ means the process of 

16 preparing an environmental impact statement, 

17 environmental assessment, categorical exclusion, 

18 or other document under the National Environ19 mental Policy Act of 1969 (42 U.S.C. 4321 et 

20 seq.) for a water resource project. 

21 ‘‘(B) INCLUSIONS.—The term ‘environ22 mental review process’ includes the process for 

23 and completion of any environmental permit, 

24 approval, review, or study required for a water 

25 resource project under any Federal law other 
104 

†S 601 ES

1 than the National Environmental Policy Act of 

2 1969 (42 U.S.C. 4321 et seq.). 

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

4 term ‘Federal jurisdictional agency’ means a Federal 

5 agency with jurisdiction delegated by law, regulation, 

6 order, or otherwise over an approval or decision re7 quired for a water resource project under applicable 

8 Federal laws (including regulations). 

9 ‘‘(4) LEAD AGENCY.—The term ‘lead agency’ 

10 means the Corps of Engineers and, if applicable, any 

11 State, local, or tribal governmental entity serving as 

12 a joint lead agency pursuant to section 1506.3 of 

13 title 40, Code of Federal Regulations (or a successor 

14 regulation). 

15 ‘‘(5) WATER RESOURCE PROJECT.—The term 

16 ‘water resource project’ means a Corps of Engineers 

17 water resource project. 

18 ‘‘(b) POLICY.—The benefits of water resource 

19 projects designed and carried out in an economically and 

20 environmentally sound manner are important to the econ21 omy and environment of the United States, and rec22 ommendations to Congress regarding those projects 

23 should be developed using coordinated and efficient review 

24 and cooperative efforts to prevent or quickly resolve dis-
105 

†S 601 ES

1 putes during the planning of those water resource 

2 projects. 

3 ‘‘(c) APPLICABILITY.— 

4 ‘‘(1) IN GENERAL.—The project planning proce5 dures under this section apply to proposed projects 

6 initiated after the date of enactment of the Water 

7 Resources Development Act of 2013 and for which 

8 the Secretary determines that— 

9 ‘‘(A) an environmental impact statement is 

10 required; or 

11 ‘‘(B) at the discretion of the Secretary, 

12 other water resource projects for which an envi13 ronmental review process document is required 

14 to be prepared. 

15 ‘‘(2) FLEXIBILITY.—Any authorities granted in 

16 this section may be exercised, and any requirements 

17 established under this section may be satisfied, for 

18 the planning of a water resource project, a class of 

19 those projects, or a program of those projects. 

20 ‘‘(3) LIST OF WATER RESOURCES DEVELOP21 MENT PROJECTS.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall 

23 annually prepare, and make publicly available, a 

24 separate list of each study that the Secretary 

25 has determined— 
106 

†S 601 ES

1 ‘‘(i) meets the standards described in 

2 paragraph (1); and 

3 ‘‘(ii) does not have adequate funding 

4 to make substantial progress toward the 

5 completion of the planning activities for 

6 the water resource project. 

7 ‘‘(B) INCLUSIONS.—The Secretary shall 

8 include for each study on the list under sub9 paragraph (A) a description of the estimated 

10 amounts necessary to make substantial progress 

11 on the study. 

12 ‘‘(4) IMPLEMENTATION GUIDANCE.—The Sec13 retary shall prepare, in consultation with the Council 

14 on Environmental Quality and other Federal agen15 cies with jurisdiction over actions or resources that 

16 may be impacted by a water resource project, guid17 ance documents that describe the coordinated review 

18 processes that the Secretary will use to implement 

19 this section for the planning of water resource 

20 projects, in accordance with the civil works program 

21 of the Corps of Engineers and all applicable law. 

22 ‘‘(d) WATER RESOURCE PROJECT REVIEW PROC23 ESS.— 
107 

†S 601 ES

1 ‘‘(1) IN GENERAL.—The Secretary shall develop 

2 and implement a coordinated review process for the 

3 development of water resource projects. 

4 ‘‘(2) COORDINATED REVIEW.—The coordinated 

5 review process described in paragraph (1) shall re6 quire that any analysis, opinion, permit, license, 

7 statement, and approval issued or made by a Fed8 eral, State, or local governmental agency or an In9 dian tribe for the planning of a water resource 

10 project described in subsection (b) be conducted, to 

11 the maximum extent practicable, concurrently with 

12 any other applicable governmental agency or Indian 

13 tribe. 

14 ‘‘(3) TIMING.—The coordinated review process 

15 under this subsection shall be completed not later 

16 than the date on which the Secretary, in consulta17 tion and concurrence with the agencies identified 

18 under subsection (e), establishes with respect to the 

19 water resource project. 

20 ‘‘(e) IDENTIFICATION OF JURISDICTIONAL AGEN21 CIES.—With respect to the development of each water re22 source project, the Secretary shall identify, as soon as 

23 practicable, all Federal, State, and local government agen24 cies and Indian tribes that may— 
108 

†S 601 ES

1 ‘‘(1) have jurisdiction over the water resource 

2 project; 

3 ‘‘(2) be required by law to conduct or issue a 

4 review, analysis, or opinion for the water resource 

5 project; or 

6 ‘‘(3) be required to make a determination on 

7 issuing a permit, license, or approval for the water 

8 resource project. 

9 ‘‘(f) STATE AUTHORITY.—If the coordinated review 

10 process is being implemented under this section by the 

11 Secretary with respect to the planning of a water resource 

12 project described in subsection (c) within the boundaries 

13 of a State, the State, consistent with State law, may 

14 choose to participate in the process and to make subject 

15 to the process all State agencies that— 

16 ‘‘(1) have jurisdiction over the water resource 

17 project; 

18 ‘‘(2) are required to conduct or issue a review, 

19 analysis, or opinion for the water resource project; 

20 or 

21 ‘‘(3) are required to make a determination on 

22 issuing a permit, license, or approval for the water 

23 resource project. 

24 ‘‘(g) LEAD AGENCIES.— 
109 

†S 601 ES

1 ‘‘(1) FEDERAL LEAD AGENCY.—Subject to 

2 paragraph (2), the Corps of Engineers shall be the 

3 lead Federal agency in the environmental review 

4 process for a water resource project. 

5 ‘‘(2) JOINT LEAD AGENCIES.— 

6 ‘‘(A) IN GENERAL.—At the discretion of 

7 the Secretary and subject to any applicable reg8 ulations under the National Environmental Pol9 icy Act of 1969 (42 U.S.C. 4321 et seq.), in10 cluding the concurrence of the proposed joint 

11 lead agency, an agency other than the Corps of 

12 Engineers may serve as the joint lead agency. 

13 ‘‘(B) NON-FEDERAL INTEREST AS JOINT

14 LEAD AGENCY.—A non-Federal interest that is 

15 a State or local governmental entity— 

16 ‘‘(i) may, with the concurrence of the 

17 Secretary, serve as a joint lead agency with 

18 the Corps of Engineers for purposes of 

19 preparing any environmental document 

20 under the National Environmental Policy 

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

22 ‘‘(ii) may prepare any environmental 

23 review process document under the Na24 tional Environmental Policy Act of 1969 

25 (42 U.S.C. 4321 et seq.) required in sup-
110 

†S 601 ES

1 port of any action or approval by the Sec2 retary if— 

3 ‘‘(I) the Secretary provides guid4 ance in the preparation process and 

5 independently evaluates that docu6 ment 

7 ‘‘(II) the non-Federal interest 

8 complies with all requirements appli9 cable to the Secretary under— 

10 ‘‘(aa) the National Environ11 mental Policy Act of 1969 (42 

12 U.S.C. 4321 et seq.); 

13 ‘‘(bb) any regulation imple14 menting that Act; and 

15 ‘‘(cc) any other applicable 

16 Federal law; and 

17 ‘‘(III) the Secretary approves and 

18 adopts the document before the Sec19 retary takes any subsequent action or 

20 makes any approval based on that 

21 document, regardless of whether the 

22 action or approval of the Secretary re23 sults in Federal funding. 

24 ‘‘(3) DUTIES.—The Secretary shall ensure 

25 that— 
111 

†S 601 ES

1 ‘‘(A) the non-Federal interest complies 

2 with all design and mitigation commitments 

3 made jointly by the Secretary and the non-Fed4 eral interest in any environmental document 

5 prepared by the non-Federal interest in accord6 ance with this subsection; and 

7 ‘‘(B) any environmental document pre8 pared by the non-Federal interest is appro9 priately supplemented under paragraph (2)(B) 

10 to address any changes to the water resource 

11 project the Secretary determines are necessary. 

12 ‘‘(4) ADOPTION AND USE OF DOCUMENTS.— 

13 Any environmental document prepared in accordance 

14 with this subsection may be adopted or used by any 

15 Federal agency making any approval to the same ex16 tent that the Federal agency could adopt or use a 

17 document prepared by another Federal agency 

18 under— 

19 ‘‘(A) the National Environmental Policy 

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

21 ‘‘(B) parts 1500 through 1508 of title 40, 

22 Code of Federal Regulations (or successor regu23 lations). 

24 ‘‘(5) ROLES AND RESPONSIBILITY OF LEAD

25 AGENCY.—With respect to the environmental review 
112 

†S 601 ES

1 process for any water resource project, the lead 

2 agency shall have authority and responsibility— 

3 ‘‘(A) to take such actions as are necessary 

4 and proper and within the authority and re5 sponsibility of the lead agency to facilitate the 

6 expeditious resolution of the environmental re7 view process for the water resource project; and 

8 ‘‘(B) to prepare or ensure that any re9 quired environmental impact statement or other 

10 environmental review document for a water re11 source project required to be completed under 

12 the National Environmental Policy Act of 1969 

13 (42 U.S.C. 4321 et seq.) is completed in ac14 cordance with this section and applicable Fed15 eral law. 

16 ‘‘(h) PARTICIPATING AND COOPERATING AGEN17 CIES.— 

18 ‘‘(1) INVITATION.— 

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

20 identify, as early as practicable in the environ21 mental review process for a water resource 

22 project, any other Federal or non-Federal agen23 cies that may have an interest in that project 

24 and invite those agencies to become partici25 pating or cooperating agencies, as applicable, in 
113 

†S 601 ES

1 the environmental review process for the water 

2 resource project. 

3 ‘‘(B) PROCEDURES.—Section 1501.6 of 

4 title 40, Code of Federal Regulations (as in ef5 fect on the date of enactment of the Water Re6 sources Development Act of 2013) shall govern 

7 the identification and the participation of a co8 operating agency under subparagraph (A). 

9 ‘‘(C) DEADLINE.—An invitation to partici10 pate issued under subparagraph (A) shall set a 

11 deadline by which a response to the invitation 

12 shall be submitted, which may be extended by 

13 the lead agency for good cause. 

14 ‘‘(2) FEDERAL COOPERATING AGENCIES.—Any 

15 Federal agency that is invited by the lead agency to 

16 participate in the environmental review process for a 

17 water resource project shall be designated as a co18 operating agency by the lead agency unless the in19 vited agency informs the lead agency, in writing, by 

20 the deadline specified in the invitation that the in21 vited agency— 

22 ‘‘(A)(i) has no jurisdiction or authority 

23 with respect to the water resource project; 

24 ‘‘(ii) has no expertise or information rel25 evant to the water resource project; or 
114 

†S 601 ES

1 ‘‘(iii) does not have adequate funds to par2 ticipate in the water resource project; and 

3 ‘‘(B) does not intend to submit comments 

4 on the water resource project. 

5 ‘‘(3) EFFECT OF DESIGNATION.—Designation 

6 as a participating or cooperating agency under this 

7 subsection shall not imply that the participating or 

8 cooperating agency— 

9 ‘‘(A) supports a proposed water resource 

10 project; or 

11 ‘‘(B) has any jurisdiction over, or special 

12 expertise with respect to evaluation of, the 

13 water resource project. 

14 ‘‘(4) CONCURRENT REVIEWS.—Each cooper15 ating agency shall— 

16 ‘‘(A) carry out the obligations of that 

17 agency under other applicable law concurrently 

18 and in conjunction with the required environ19 mental review process, unless doing so would 

20 impair the ability of the Federal agency to con21 duct needed analysis or otherwise carry out 

22 those obligations; and 

23 ‘‘(B) formulate and implement administra24 tive, policy, and procedural mechanisms to en25 able the agency to ensure completion of the en-
115 

†S 601 ES

1 vironmental review process in a timely, coordi2 nated, and environmentally responsible manner. 

3 ‘‘(i) PROGRAMMATIC COMPLIANCE.— 

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

5 guidance regarding the use of programmatic ap6 proaches to carry out the environmental review proc7 ess that— 

8 ‘‘(A) eliminates repetitive discussions of 

9 the same issues; 

10 ‘‘(B) focuses on the actual issues ripe for 

11 analyses at each level of review; 

12 ‘‘(C) establishes a formal process for co13 ordinating with cooperating agencies, including 

14 the creation of a list of all data that is needed 

15 to carry out an environmental review process; 

16 and 

17 ‘‘(D) complies with— 

18 ‘‘(i) the National Environmental Pol19 icy Act of 1969 (42 U.S.C. 4321 et seq.); 

20 and 

21 ‘‘(ii) all other applicable laws. 

22 ‘‘(2) REQUIREMENTS.—In carrying out para23 graph (1), the Secretary shall— 

24 ‘‘(A) as the first step in drafting guidance 

25 under that paragraph, consult with relevant 
116 

†S 601 ES

1 Federal and State agencies, Indian tribes, and 

2 the public on the appropriate use and scope of 

3 the programmatic approaches; 

4 ‘‘(B) emphasize the importance of collabo5 ration among relevant Federal agencies, State 

6 agencies, and Indian tribes in undertaking pro7 grammatic reviews, especially with respect to 

8 including reviews with a broad geographical 

9 scope; 

10 ‘‘(C) ensure that the programmatic re11 views— 

12 ‘‘(i) promote transparency, including 

13 of the analyses and data used in the envi14 ronmental review process, the treatment of 

15 any deferred issues raised by Federal, 

16 State, or tribal agencies, or the public, and 

17 the temporal and special scales to be used 

18 to analyze those issues; 

19 ‘‘(ii) use accurate and timely informa20 tion in the environmental review process, 

21 including— 

22 ‘‘(I) criteria for determining the 

23 general duration of the usefulness of 

24 the review; and 
117 

†S 601 ES

1 ‘‘(II) the timeline for updating 

2 any out-of-date review; 

3 ‘‘(iii) describe— 

4 ‘‘(I) the relationship between pro5 grammatic analysis and future tiered 

6 analysis; and 

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

8 creation of future tiered analysis; and 

9 ‘‘(iv) are available to other relevant 

10 Federal and State agencies, Indian tribes, 

11 and the public; 

12 ‘‘(D) allow not fewer than 60 days of pub13 lic notice and comment on any proposed guid14 ance; and 

15 ‘‘(E) address any comments received under 

16 subparagraph (D). 

17 ‘‘(j) COORDINATED REVIEWS.— 

18 ‘‘(1) COORDINATION PLAN.— 

19 ‘‘(A) ESTABLISHMENT.— 

20 ‘‘(i) IN GENERAL.—The lead agency 

21 shall, after consultation with and with the 

22 concurrence of each cooperating agency for 

23 the water resource project and the non24 Federal interest or joint lead agency, as 

25 applicable, establish a plan for coordi-
118 

†S 601 ES

1 nating public and agency participation in, 

2 and comment on, the environmental review 

3 process for a water resource project or a 

4 category of water resource projects. 

5 ‘‘(ii) INCORPORATION.—The plan es6 tablished under clause (i) shall be incor7 porated into the project schedule mile8 stones set under section 905(g)(2) of the 

9 Water Resources Development Act of 1986 

10 (33 U.S.C. 2282(g)(2)). 

11 ‘‘(2) COMMENT DEADLINES.—The lead agency 

12 shall establish the following deadlines for comment 

13 during the environmental review process for a water 

14 resource project: 

15 ‘‘(A) DRAFT ENVIRONMENTAL IMPACT

16 STATEMENTS.—For comments by Federal and 

17 States agencies and the public on a draft envi18 ronmental impact statement, a period of not 

19 more than 60 days after publication in the Fed20 eral Register of notice of the date of public 

21 availability of the draft environmental impact 

22 statement, unless— 

23 ‘‘(i) a different deadline is established 

24 by agreement of the lead agency, the non- 
119 

†S 601 ES

1 Federal interest, as applicable, and all par2 ticipating and cooperating agencies; or 

3 ‘‘(ii) the deadline is extended by the 

4 lead agency for good cause. 

5 ‘‘(B) OTHER ENVIRONMENTAL REVIEW

6 PROCESSES.—For all comment periods estab7 lished by the lead agency for agency or public 

8 comments in the environmental review process 

9 of an action within a program under the au10 thority of the lead agency other than for a draft 

11 environmental impact statement, a period of not 

12 more than 30 days after the date on which the 

13 materials on which comment is requested are 

14 made available, unless— 

15 ‘‘(i) a different deadline is established 

16 by agreement of the lead agency, the non17 Federal interest, and all cooperating agen18 cies; or 

19 ‘‘(ii) the deadline is extended by the 

20 lead agency for good cause. 

21 ‘‘(3) DEADLINES FOR DECISIONS UNDER

22 OTHER LAWS.—In any case in which a decision 

23 under any Federal law relating to a project, includ24 ing the issuance or denial of a permit or license, is 

25 required to be made by the date described in sub-
120 

†S 601 ES

1 section (k)(6)(B)(ii), the Secretary shall submit to 

2 the Committee on Environment and Public Works of 

3 the Senate and the Committee on Transportation 

4 and Infrastructure of the House of Representa5 tives— 

6 ‘‘(A) as soon as practicable after the 180- 

7 day period described in subsection (k)(6)(B)(ii), 

8 an initial notice of the failure of the Federal 

9 agency to make the decision; and 

10 ‘‘(B) every 60 days thereafter until such 

11 date as all decisions of the Federal agency re12 lating to the project have been made by the 

13 Federal agency, an additional notice that de14 scribes the number of decisions of the Federal 

15 agency that remain outstanding as of the date 

16 of the additional notice. 

17 ‘‘(4) INVOLVEMENT OF THE PUBLIC.—Nothing 

18 in this subsection reduces any time period provided 

19 for public comment in the environmental review 

20 process under applicable Federal law (including reg21 ulations). 

22 ‘‘(k) ISSUE IDENTIFICATION AND RESOLUTION.— 

23 ‘‘(1) COOPERATION.—The lead agency, the co24 operating agencies, and any participating agencies 

25 shall work cooperatively in accordance with this sec-
121 

†S 601 ES

1 tion to identify and resolve issues that could delay 

2 completion of the environmental review process or 

3 result in the denial of any approval required for the 

4 water resource project under applicable laws. 

5 ‘‘(2) LEAD AGENCY RESPONSIBILITIES.— 

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

7 make information available to the cooperating 

8 agencies and participating agencies as early as 

9 practicable in the environmental review process 

10 regarding the environmental and socioeconomic 

11 resources located within the water resource 

12 project area and the general locations of the al13 ternatives under consideration. 

14 ‘‘(B) DATA SOURCES.—The information 

15 under subparagraph (A) may be based on exist16 ing data sources, including geographic informa17 tion systems mapping. 

18 ‘‘(3) COOPERATING AND PARTICIPATING AGEN19 CY RESPONSIBILITIES.—Based on information re20 ceived from the lead agency, cooperating and partici21 pating agencies shall identify, as early as prac22 ticable, any issues of concern regarding the potential 

23 environmental or socioeconomic impacts of the water 

24 resource project, including any issues that could sub25 stantially delay or prevent an agency from granting 
122 

†S 601 ES

1 a permit or other approval that is needed for the 

2 water resource project. 

3 ‘‘(4) INTERIM DECISION ON ACHIEVING ACCEL4 ERATED DECISIONMAKING.— 

5 ‘‘(A) IN GENERAL.—Not later than 45 

6 days after the close of the public comment pe7 riod on a draft environmental impact statement, 

8 the Secretary may convene a meeting with the 

9 non-Federal interest or joint lead agency, as ap10 plicable, relevant resource agencies, and rel11 evant Federal and State agencies to establish a 

12 schedule of deadlines to complete decisions re13 garding the water resource project. 

14 ‘‘(B) DEADLINES.— 

15 ‘‘(i) IN GENERAL.—The deadlines re16 ferred to in subparagraph (A) shall be 

17 those established by the Secretary, in con18 sultation with and with the concurrence of 

19 the non-Federal interest or joint lead agen20 cy, as applicable, and other relevant Fed21 eral and State agencies. 

22 ‘‘(ii) FACTORS FOR CONSIDER23 ATION.—In establishing a schedule, the 

24 Secretary shall consider factors such as— 
123 

†S 601 ES

1 ‘‘(I) the responsibilities of co2 operating agencies under applicable 

3 laws; 

4 ‘‘(II) the resources available to 

5 the non-Federal interest, joint lead 

6 agency, and other relevant Federal 

7 and State agencies, as applicable; 

8 ‘‘(III) the overall size and com9 plexity of the water resource project; 

10 ‘‘(IV) the overall schedule for 

11 and cost of the water resource project; 

12 and 

13 ‘‘(V) the sensitivity of the natural 

14 and historical resources that could be 

15 affected by the water resource project. 

16 ‘‘(iii) MODIFICATIONS.—The Sec17 retary may— 

18 ‘‘(I) lengthen a schedule under 

19 clause (i) for good cause; and 

20 ‘‘(II) shorten a schedule only 

21 with concurrence of the affected non22 Federal interest, joint lead agency, or 

23 relevant Federal and State agencies, 

24 as applicable. 
124 

†S 601 ES

1 ‘‘(C) FAILURE TO MEET DEADLINE.—If 

2 the agencies described in subparagraph (A) can3 not provide reasonable assurances that the 

4 deadlines described in subparagraph (B) will be 

5 met, the Secretary may initiate the issue resolu6 tion and referral process described under para7 graph (5) before the completion of the record of 

8 decision. 

9 ‘‘(5) ACCELERATED ISSUE RESOLUTION AND

10 ELEVATION.— 

11 ‘‘(A) AGENCY ISSUE RESOLUTION MEET12 ING.— 

13 ‘‘(i) IN GENERAL.—A cooperating 

14 agency or non-Federal interest may re15 quest an issue resolution meeting to be 

16 conducted by the Secretary. 

17 ‘‘(ii) ACTION BY SECRETARY.—The 

18 Secretary shall convene an issue resolution 

19 meeting under clause (i) with the relevant 

20 cooperating agencies and the non-Federal 

21 interest, as applicable, to resolve issues 

22 that could— 

23 ‘‘(I) delay completion of the envi24 ronmental review process; or 
125 

†S 601 ES

1 ‘‘(II) conflict with the ability of a 

2 cooperating agency to carry out appli3 cable Federal laws (including regula4 tions). 

5 ‘‘(iii) DATE.—A meeting requested 

6 under this subparagraph shall be held not 

7 later than 21 days after the date on which 

8 the Secretary receives the request for the 

9 meeting, unless the Secretary determines 

10 that there is good cause to extend that 

11 deadline. 

12 ‘‘(iv) NOTIFICATION.—On receipt of a 

13 request for a meeting under this subpara14 graph, the Secretary shall notify all rel15 evant cooperating agencies of the request, 

16 including the issue to be resolved and the 

17 date for the meeting. 

18 ‘‘(v) DISPUTES.—If a relevant cooper19 ating agency with jurisdiction over an ac20 tion, including a permit approval, review, 

21 or other statement or opinion required for 

22 a water resource project under applicable 

23 law determines that the relevant informa24 tion necessary to resolve the issue has not 

25 been obtained and could not have been ob-
126 

†S 601 ES

1 tained within a reasonable time, but the 

2 Secretary disagrees, the resolution of the 

3 dispute shall be forwarded to the heads of 

4 the relevant agencies for resolution. 

5 ‘‘(vi) CONVENTION BY LEAD AGEN6 CY.—The Secretary may convene an issue 

7 resolution meeting under this subsection at 

8 any time, at the discretion of the Sec9 retary, regardless of whether a meeting is 

10 requested under clause (i). 

11 ‘‘(vii) EXCEPTION.— 

12 ‘‘(I) IN GENERAL.—The issue 

13 resolution and referral process under 

14 this subparagraph shall not be initi15 ated if the applicable agency— 

16 ‘‘(aa) notifies, with a sup17 porting explanation, the lead 

18 agency, cooperating agencies, and 

19 non-Federal interest, as applica20 ble, that— 

21 ‘‘(AA) the agency has 

22 not received necessary infor23 mation or approvals from 

24 another entity in a manner 

25 that affects the ability of the 
127 

†S 601 ES

1 agency to meet any require2 ments under Federal, tribal, 

3 State, or local law; 

4 ‘‘(BB) significant new 

5 information, including from 

6 public comments, or cir7 cumstances, including a 

8 major modification to an as9 pect of the water resource 

10 project, requires additional 

11 analysis for the agency to 

12 make a decision on the 

13 water resource project appli14 cation; or 

15 ‘‘(CC) the agency lacks 

16 the financial resources to 

17 complete the review under 

18 the scheduled time frame, 

19 including a description of 

20 the number of full-time em21 ployees required to complete 

22 the review, the amount of 

23 funding required to complete 

24 the review, and a justifica25 tion as to why there is not 
128 

†S 601 ES

1 enough funding available to 

2 complete the review by the 

3 deadline; and 

4 ‘‘(bb) establishes a new 

5 deadline for completion of the re6 view. 

7 ‘‘(II) INSPECTOR GENERAL.—If 

8 the applicable agency makes a certifi9 cation under subclause (I)(aa)(CC), 

10 the Inspector General of the applica11 ble agency shall conduct a financial 

12 audit to review that certification and 

13 submit a report on that certification 

14 within 90 days to the Committee on 

15 Environment and Public Works of the 

16 Senate and the Committee on Trans17 portation and Infrastructure of the 

18 House of Representatives. 

19 ‘‘(B) ELEVATION OF ISSUE RESOLU20 TION.— 

21 ‘‘(i) IN GENERAL.—If issue resolution 

22 is not achieved by not later than 30 days 

23 after the date on which a relevant meeting 

24 is held under subparagraph (A), the Sec25 retary shall notify the heads of the relevant 
129 

†S 601 ES

1 cooperating agencies and the non-Federal 

2 interest that an issue resolution meeting 

3 will be convened. 

4 ‘‘(ii) REQUIREMENTS.—The Secretary 

5 shall identify the issues to be addressed at 

6 the meeting and convene the meeting not 

7 later than 30 days after the date on which 

8 the notice is issued. 

9 ‘‘(C) SUBMISSION OF ISSUE RESOLU10 TION.— 

11 ‘‘(i) SUBMISSION TO COUNCIL ON EN12 VIRONMENTAL QUALITY.— 

13 ‘‘(I) IN GENERAL.—If a resolu14 tion is not achieved by not later than 

15 30 days after the date on which an 

16 issue resolution meeting is held under 

17 subparagraph (B), the Secretary shall 

18 submit the matter to the Council on 

19 Environmental Quality. 

20 ‘‘(II) MEETING.—Not later than 

21 30 days after the date on which the 

22 Council on Environmental Quality re23 ceives a submission from the Sec24 retary under subclause (I), the Coun25 cil on Environmental Quality shall 
130 

†S 601 ES

1 hold an issue resolution meeting with 

2 the lead agency, the heads of relevant 

3 cooperating agencies and the non-Fed4 eral interest. 

5 ‘‘(III) ADDITIONAL HEARINGS.— 

6 The Council on Environmental Qual7 ity may hold public meetings or hear8 ings to obtain additional views and in9 formation that the Council on Envi10 ronmental Quality determines are nec11 essary, consistent with the time 

12 frames described in this paragraph. 

13 ‘‘(ii) REMEDIES.—Not later than 30 

14 days after the date on which an issue reso15 lution meeting is convened by the Council 

16 on Environmental Quality under clause 

17 (i)(II), the Secretary shall— 

18 ‘‘(I) publish findings that explain 

19 how the issue was resolved and rec20 ommendations (including, where ap21 propriate, a finding that the submis22 sion does not support the position of 

23 the submitting agency); or 
131 

†S 601 ES

1 ‘‘(II) if the resolution of the issue 

2 was not achieved, submit to the Presi3 dent for action— 

4 ‘‘(aa) the submission; 

5 ‘‘(bb) any views or addi6 tional information developed dur7 ing any additional hearings under 

8 clause (i)(III); and 

9 ‘‘(cc) the recommendation of 

10 the Council on Environmental 

11 Quality. 

12 ‘‘(6) FINANCIAL PENALTY PROVISIONS.— 

13 ‘‘(A) IN GENERAL.—A Federal jurisdic14 tional agency shall complete any required ap15 proval or decision on an expeditious basis using 

16 the shortest existing applicable process. 

17 ‘‘(B) FAILURE TO DECIDE.— 

18 ‘‘(i) IN GENERAL.—If a Federal juris19 dictional agency fails to render a decision 

20 under any Federal law relating to a water 

21 resource project that requires the prepara22 tion of an environmental impact statement 

23 or environmental assessment, including the 

24 issuance or denial of a permit, license, 

25 statement, opinion, or other approval by 
132 

†S 601 ES

1 the date described in clause (ii), the 

2 amount of funds made available to support 

3 the office of the head of the Federal juris4 dictional agency shall be reduced by an 

5 amount of funding equal to the amounts 

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

7 funds shall be made available to the divi8 sion of the Federal jurisdictional agency 

9 charged with rendering the decision by not 

10 later than 1 day after the applicable date 

11 under clause (ii), and once each week 

12 thereafter until a final decision is ren13 dered, subject to subparagraph (C)— 

14 ‘‘(I) $20,000 for any water re15 source project requiring the prepara16 tion of an environmental assessment 

17 or environmental impact statement; or 

18 ‘‘(II) $10,000 for any water re19 source project requiring any type of 

20 review under the National Environ21 mental Policy Act of 1969 (42 U.S.C. 

22 4321 et seq.) other than an environ23 mental assessment or environmental 

24 impact statement. 
133 

†S 601 ES

1 ‘‘(ii) DESCRIPTION OF DATE.—The 

2 date referred to in clause (i) is the later 

3 of— 

4 ‘‘(I) the date that is 180 days 

5 after the date on which an application 

6 for the permit, license, or approval is 

7 complete; and 

8 ‘‘(II) the date that is 180 days 

9 after the date on which the Federal 

10 lead agency issues a decision on the 

11 water resource project under the Na12 tional Environmental Policy Act of 

13 1969 (42 U.S.C. 4321 et seq.). 

14 ‘‘(C) LIMITATIONS.— 

15 ‘‘(i) IN GENERAL.—No transfer of 

16 funds under subparagraph (B) relating to 

17 an individual water resource project shall 

18 exceed, in any fiscal year, an amount equal 

19 to 1 percent of the funds made available 

20 for the applicable agency office. 

21 ‘‘(ii) FAILURE TO DECIDE.—The total 

22 amount transferred in a fiscal year as a re23 sult of a failure by an agency to make a 

24 decision by an applicable deadline shall not 

25 exceed an amount equal to 5 percent of the 
134 

†S 601 ES

1 funds made available for the applicable 

2 agency office for that fiscal year. 

3 ‘‘(iii) AGGREGATE.—Notwithstanding 

4 any other provision of law, for each fiscal 

5 year, the aggregate amount of financial 

6 penalties assessed against each applicable 

7 agency office under title II of the Water 

8 Resources Development Act of 2013 and 

9 any other Federal law as a result of a fail10 ure of the agency to make a decision by an 

11 applicable deadline for environmental re12 view, including the total amount trans13 ferred under this paragraph, shall not ex14 ceed an amount equal to 9.5 percent of the 

15 funds made available for the agency office 

16 for that fiscal year. 

17 ‘‘(D) NO FAULT OF AGENCY.— 

18 ‘‘(i) IN GENERAL.—A transfer of 

19 funds under this paragraph shall not be 

20 made if the applicable agency described in 

21 subparagraph (A) notifies, with a sup22 porting explanation, the lead agency, co23 operating agencies, and non-Federal inter24 est, as applicable, that— 
135 

†S 601 ES

1 ‘‘(I) the agency has not received 

2 necessary information or approvals 

3 from another entity in a manner that 

4 affects the ability of the agency to 

5 meet any requirements under Federal, 

6 State, or local law; 

7 ‘‘(II) significant new information, 

8 including from public comments, or 

9 circumstances, including a major 

10 modification to an aspect of the water 

11 resource project, requires additional 

12 analysis for the agency to make a de13 cision on the water resource project 

14 application; or 

15 ‘‘(III) the agency lacks the finan16 cial resources to complete the review 

17 under the scheduled time frame, in18 cluding a description of the number of 

19 full-time employees required to com20 plete the review, the amount of fund21 ing required to complete the review, 

22 and a justification as to why there is 

23 not enough funding available to com24 plete the review by the deadline. 
136 

†S 601 ES

1 ‘‘(ii) LACK OF FINANCIAL RE2 SOURCES.—If the agency provides notice 

3 under clause (i)(III), the Inspector General 

4 of the agency shall— 

5 ‘‘(I) conduct a financial audit to 

6 review the notice; and 

7 ‘‘(II) not later than 90 days after 

8 the date on which the review described 

9 in subclause (I) is completed, submit 

10 to the Committee on Environment 

11 and Public Works of the Senate and 

12 the Committee on Transportation and 

13 Infrastructure of the House of Rep14 resentatives a report on the notice. 

15 ‘‘(E) LIMITATION.—The Federal agency 

16 from which funds are transferred pursuant to 

17 this paragraph shall not reprogram funds to the 

18 office of the head of the agency, or equivalent 

19 office, to reimburse that office for the loss of 

20 the funds. 

21 ‘‘(F) EFFECT OF PARAGRAPH.—Nothing in 

22 this paragraph affects or limits the application 

23 of, or obligation to comply with, any Federal, 

24 State, local, or tribal law. 
137 

†S 601 ES

1 ‘‘(l) PERFORMANCE MEASUREMENT.—The Secretary 

2 shall establish a program to measure and report on 

3 progress made toward improving and expediting the plan4 ning and environmental review process. 

5 ‘‘(m) MEMORANDUM OF AGREEMENTS FOR EARLY

6 COORDINATION.— 

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

8 Congress that— 

9 ‘‘(A) the Secretary and other Federal 

10 agencies with relevant jurisdiction in the envi11 ronmental review process should cooperate with 

12 each other, State agencies, and Indian tribes on 

13 environmental review and water resource 

14 project delivery activities at the earliest prac15 ticable time to avoid delays and duplication of 

16 effort later in the process, prevent potential 

17 conflicts, and ensure that planning and water 

18 resource project development decisions reflect 

19 environmental values; and 

20 ‘‘(B) the cooperation referred to in sub21 paragraph (A) should include the development 

22 of policies and the designation of staff that ad23 vise planning agencies and non-Federal inter24 ests of studies or other information foreseeably 

25 required for later Federal action and early con-
138 

†S 601 ES

1 sultation with appropriate State and local agen2 cies and Indian tribes. 

3 ‘‘(2) TECHNICAL ASSISTANCE.—If requested at 

4 any time by a State or non-Federal interest, the 

5 Secretary and other Federal agencies with relevant 

6 jurisdiction in the environmental review process, 

7 shall, to the maximum extent practicable and appro8 priate, as determined by the agencies, provide tech9 nical assistance to the State or non-Federal interest 

10 in carrying out early coordination activities. 

11 ‘‘(3) MEMORANDUM OF AGENCY AGREEMENT.— 

12 If requested at any time by a State or non-Federal 

13 interest, the lead agency, in consultation with other 

14 Federal agencies with relevant jurisdiction in the en15 vironmental review process, may establish memo16 randa of agreement with the non-Federal interest, 

17 Indian tribe, State and local governments, and other 

18 appropriate entities to carry out the early coordina19 tion activities, including providing technical assist20 ance in identifying potential impacts and mitigation 

21 issues in an integrated fashion. 

22 ‘‘(n) LIMITATIONS.—Nothing in this section pre23 empts, supersedes, amends, modifies, repeals, or interferes 

24 with— 
139 

†S 601 ES

1 ‘‘(1) any statutory or regulatory requirement, 

2 including for seeking, considering, or responding to 

3 public comment; 

4 ‘‘(2) any obligation to comply with the provi5 sions any Federal law, including— 

6 ‘‘(A) the National Environmental Policy 

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

8 ‘‘(B) the regulations issued by the Council 

9 on Environmental Quality or any other Federal 

10 agency to carry out that Act; and 

11 ‘‘(C) any other Federal environmental law; 

12 ‘‘(3) the reviewability of any final Federal agen13 cy action in a court of the United States or in the 

14 court of any State; 

15 ‘‘(4) any practice of seeking, considering, or re16 sponding to public comment; or 

17 ‘‘(5) any power, jurisdiction, responsibility, 

18 duty, or authority that a Federal, State, or local 

19 governmental agency, Indian tribe, or non-Federal 

20 interest has with respect to carrying out a water re21 source project or any other provision of law applica22 ble to water resource projects. 

23 ‘‘(o) CATEGORICAL EXCLUSIONS.— 
140 

†S 601 ES

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

2 after the date of enactment of this subsection, the 

3 Secretary shall— 

4 ‘‘(A) survey the use by the Corps of Engi5 neers of categorical exclusions in water resource 

6 projects since 2005; 

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

8 includes a description of— 

9 ‘‘(i) the types of actions that were cat10 egorically excluded or could be the basis 

11 for developing a new categorical exclusion; 

12 and 

13 ‘‘(ii) any requests previously received 

14 by the Secretary for new categorical exclu15 sions; and 

16 ‘‘(C) solicit requests from other Federal 

17 agencies and non-Federal interests for new cat18 egorical exclusions. 

19 ‘‘(2) NEW CATEGORICAL EXCLUSIONS.—Not 

20 later than 1 year after the date of enactment of this 

21 subsection, if the Secretary has identified a category 

22 of activities that merit establishing a categorical ex23 clusion that did not exist on the day before the date 

24 of enactment of this subsection based on the review 

25 under paragraph (1), the Secretary shall publish a 
141 

†S 601 ES

1 notice of proposed rulemaking to propose that new 

2 categorical exclusion, to the extent that the categor3 ical exclusion meets the criteria for a categorical ex4 clusion under section 1508.4 of title 40, Code of 

5 Federal Regulations (or successor regulation). 

6 ‘‘(p) REVIEW OF WATER RESOURCE PROJECT AC7 CELERATION REFORMS.— 

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

9 the United States shall— 

10 ‘‘(A) assess the reforms carried out under 

11 this section; and 

12 ‘‘(B) not later than 5 years after the date 

13 of enactment of this subsection, submit to the 

14 Committee on Transportation and Infrastruc15 ture of the House of Representatives and the 

16 Committee on Environment and Public Works 

17 of the Senate a report that describes the results 

18 of the assessment. 

19 ‘‘(2) INSPECTOR GENERAL REPORT.—The In20 spector General of the Corps of Engineers shall— 

21 ‘‘(A) assess the reforms carried out under 

22 this section; and 

23 ‘‘(B) submit to the Committee on Trans24 portation and Infrastructure of the House of 
142 

†S 601 ES

1 Representatives and the Committee on Environ2 ment and Public Works of the Senate— 

3 ‘‘(i) not later than 2 years after the 

4 date of enactment of this subsection, an 

5 initial report of the findings of the Inspec6 tor General; and 

7 ‘‘(ii) not later than 4 years after the 

8 date of enactment of this subsection, a 

9 final report of the findings. 

10 ‘‘(q) AUTHORIZATION.—The authority provided by 

11 this section expires on the date that is 10 years after the 

12 date of enactment of this Act.’’. 

13 SEC. 2034. FEASIBILITY STUDIES. 

14 Section 905 of the Water Resources Development Act 

15 of 1986 (33 U.S.C. 2282) is amended by adding at the 

16 end the following: 

17 ‘‘(g) DETAILED PROJECT SCHEDULE.— 

18 ‘‘(1) IN GENERAL.—Not later than 180 days 

19 after the date of enactment of this subsection, the 

20 Secretary shall determine a set of milestones needed 

21 for the completion of a feasibility study under this 

22 subsection, including all major actions, report sub23 missions and responses, reviews, and comment peri24 ods. 
143 

†S 601 ES

1 ‘‘(2) DETAILED PROJECT SCHEDULE MILE2 STONES.—Each District Engineer shall, to the max3 imum extent practicable, establish a detailed project 

4 schedule, based on full funding capability, that lists 

5 all deadlines for milestones relating to feasibility 

6 studies in the District developed by the Secretary 

7 under paragraph (1). 

8 ‘‘(3) NON-FEDERAL INTEREST NOTIFICA9 TION.—Each District Engineer shall submit by cer10 tified mail the detailed project schedule under para11 graph (2) to each relevant non-Federal interest— 

12 ‘‘(A) for projects that have received fund13 ing from the General Investigations Account of 

14 the Corps of Engineers in the period beginning 

15 on October 1, 2009, and ending on the date of 

16 enactment of this section, not later than 180 

17 days after the establishment of milestones 

18 under paragraph (1); and 

19 ‘‘(B) for projects for which a feasibility 

20 cost-sharing agreement is executed after the es21 tablishment of milestones under paragraph (1), 

22 not later than 90 days after the date on which 

23 the agreement is executed. 

24 ‘‘(4) CONGRESSIONAL AND PUBLIC NOTIFICA25 TION.—Beginning in the first full fiscal year after 
144 

†S 601 ES

1 the date of enactment of this Act, the Secretary 

2 shall— 

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

4 detailed project schedules under paragraph (2) 

5 and an explanation of any missed deadlines to 

6 the Committee on Environment and Public 

7 Works of the Senate and the Committee on 

8 Transportation and Infrastructure of the House 

9 of Representatives; and 

10 ‘‘(B) make publicly available, including on 

11 the Internet, a copy of the annual report de12 scribed in subparagraph (A) not later than 14 

13 days after date on which a report is submitted 

14 to Congress. 

15 ‘‘(5) FAILURE TO ACT.—If a District Engineer 

16 fails to meet any of the deadlines in the project 

17 schedule under paragraph (2), the District Engineer 

18 shall— 

19 ‘‘(A) not later than 30 days after each 

20 missed deadline, submit to the non-Federal in21 terest a report detailing— 

22 ‘‘(i) why the District Engineer failed 

23 to meet the deadline; and 
145 

†S 601 ES

1 ‘‘(ii) a revised project schedule reflect2 ing amended deadlines for the feasibility 

3 study; and 

4 ‘‘(B) not later than 30 days after each 

5 missed deadline, make publicly available, includ6 ing on the Internet, a copy of the amended 

7 project schedule described in subparagraph 

8 (A)(ii).’’. 

9 SEC. 2035. ACCOUNTING AND ADMINISTRATIVE EXPENSES. 

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

11 interest, the Secretary shall provide to the non-Federal in12 terest a detailed accounting of the Federal expenses asso13 ciated with a water resources project. 

14 (b) STUDY.— 

15 (1) IN GENERAL.—The Secretary shall contract 

16 with the National Academy of Public Administration 

17 to carry out a study on the efficiency of the Corps 

18 Engineers current staff salaries and administrative 

19 expense procedures as compared to using a separate 

20 administrative expense account. 

21 (2) CONTENTS.—The study under paragraph 

22 (1) shall include any recommendations of the Na23 tional Academy of Public Administration for im24 provements to the budgeting and administrative 
146 

†S 601 ES

1 processes that will increase the efficiency of the 

2 Corps of Engineers project delivery. 

3 SEC. 2036. DETERMINATION OF PROJECT COMPLETION. 

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

5 non-Federal interest when construction of a water re6 sources project or a functional portion of the project is 

7 completed so the non-Federal interest may commence re8 sponsibilities, as applicable, for operating and maintaining 

9 the project. 

10 (b) NON-FEDERAL INTEREST APPEAL OF DETER11 MINATION.— 

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

13 receiving a notification under subparagraph (a), the 

14 non-Federal interest may appeal the completion de15 termination of the Secretary in writing with a de16 tailed explanation of the basis for questioning the 

17 completeness of the project or functional portion of 

18 the project. 

19 (2) INDEPENDENT REVIEW.— 

20 (A) IN GENERAL.—On notification that a 

21 non-Federal interest has submitted an appeal 

22 under paragraph (1), the Secretary shall con23 tract with 1 or more independent, non-Federal 

24 experts to evaluate whether the applicable water 
147 

†S 601 ES

1 resources project or functional portion of the 

2 project is complete. 

3 (B) TIMELINE.—An independent review 

4 carried out under subparagraph (A) shall be 

5 completed not later than 180 days after the 

6 date on which the Secretary receives an appeal 

7 from a non-Federal interest under paragraph 

8 (1). 

9 SEC. 2037. PROJECT PARTNERSHIP AGREEMENTS. 

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

11 the National Academy of Public Administration to carry 

12 out a comprehensive review of the process for preparing, 

13 negotiating, and approving Project Partnership Agree14 ments and the Project Partnership Agreement template, 

15 which shall include— 

16 (1) a review of the process for preparing, nego17 tiating, and approving Project Partnership Agree18 ments, as in effect on the day before the date of en19 actment of this Act; 

20 (2) an evaluation of how the concerns of a non21 Federal interest relating to the Project Partnership 

22 Agreement and suggestions for modifications to the 

23 Project Partnership Agreement made by a non-Fed24 eral interest are accommodated; 
148 

†S 601 ES

1 (3) recommendations for how the concerns and 

2 modifications described in paragraph (2) can be bet3 ter accommodated; 

4 (4) recommendations for how the Project Part5 nership Agreement template can be made more effi6 cient; and 

7 (5) recommendations for how to make the proc8 ess for preparing, negotiating, and approving Project 

9 Partnership Agreements more efficient. 

10 (b) REPORT.—The Secretary shall submit a report 

11 describing the findings of the National Academy of Public 

12 Administration to the Committee on Environment and 

13 Public Works of the Senate and the Committee on Trans14 portation and Infrastructure of the House of Representa15 tives. 

16 SEC. 2038. INTERAGENCY AND INTERNATIONAL SUPPORT 

17 AUTHORITY. 

18 Section 234 of the Water Resources Development Act 

19 of 1996 (33 U.S.C. 2323a) is amended— 

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

21 agencies,’’ and inserting ‘‘Federal departments or 

22 agencies, nongovernmental organizations,’’; 

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

24 governments’’ after ‘‘organizations’’; 
149 

†S 601 ES

1 (3) in subsection (c), by inserting ‘‘and restora2 tion’’ after ‘‘protection’’; and 

3 (4) in subsection (d)— 

4 (A) in the first sentence— 

5 (i) by striking ‘‘There is’’ and insert6 ing ‘‘(1) IN GENERAL.—There is’’; and 

7 (ii) by striking ‘‘2008’’ and inserting 

8 ‘‘2014’’; and 

9 (B) in the second sentence— 

10 (i) by striking ‘‘The Secretary’’ and 

11 inserting ‘‘(2) ACCEPTANCE OF FUNDS.— 

12 The Secretary’’; and 

13 (ii) by striking ‘‘other Federal agen14 cies’’ and inserting ‘‘Federal departments 

15 or agencies, nongovernmental organiza16 tions’’. 

17 SEC. 2039. ACCEPTANCE OF CONTRIBUTED FUNDS TO IN18 CREASE LOCK OPERATIONS. 

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

20 public notice, shall establish a pilot program for the ac21 ceptance and expenditure of funds contributed by non22 Federal interests to increase the hours of operation of 

23 locks at water resources development projects. 

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

25 program under this section shall not affect the periodic 
150 

†S 601 ES

1 review and adjustment of hours of operation of locks based 

2 on increases in commercial traffic carried out by the Sec3 retary. 

4 (c) PUBLIC COMMENT.—Not later than 180 days be5 fore a proposed modification to the operation of a lock 

6 at a water resources development project will be carried 

7 out, the Secretary shall— 

8 (1) publish the proposed modification in the 

9 Federal Register; and 

10 (2) accept public comment on the proposed 

11 modification. 

12 (d) REPORTS.— 

13 (1) IN GENERAL.—Not later than 1 year after 

14 the date of enactment of this Act, the Secretary 

15 shall submit to the Committee on Transportation 

16 and Infrastructure of the House of Representatives 

17 and the Committee on Environment and Public 

18 Works of the Senate a report that evaluates the 

19 cost-savings resulting from reduced lock hours and 

20 any economic impacts of modifying lock operations. 

21 (2) REVIEW OF PILOT PROGRAM.—Not later 

22 than September 30, 2017 and each year thereafter, 

23 the Secretary shall submit to the Committee on 

24 Transportation and Infrastructure of the House of 

25 Representatives and the Committee on Environment 
151 

†S 601 ES

1 and Public Works of the Senate a report that de2 scribes the effectiveness of the pilot program under 

3 this section. 

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

5 an annual review of the commercial use of locks and make 

6 any necessary adjustments to lock operations based on 

7 that review. 

8 (f) TERMINATION.—The authority to accept funds 

9 under this section shall terminate 5 years after the date 

10 of enactment of this Act. 

11 SEC. 2040. EMERGENCY RESPONSE TO NATURAL DISAS12 TERS. 

13 (a) IN GENERAL.—Section 5(a)(1) of the Act entitled 

14 ‘‘An Act authorizing the construction of certain public 

15 works on rivers and harbors for flood control, and for 

16 other purposes’’, approved August 18, 1941 (33 U.S.C. 

17 701n(a)(1)), is amended in the first sentence— 

18 (1) by inserting ‘‘and subject to the condition 

19 that the Chief of Engineers may include modifica20 tions to the structure or project’’ after ‘‘work for 

21 flood control’’; and 

22 (2) by striking ‘‘structure damaged or de23 stroyed by wind, wave, or water action of other than 

24 an ordinary nature when in the discretion of the 

25 Chief of Engineers such repair and restoration is 
152 

†S 601 ES

1 warranted for the adequate functioning of the struc2 ture for hurricane or shore protection’’ and inserting 

3 ‘‘structure or project damaged or destroyed by wind, 

4 wave, or water action of other than an ordinary na5 ture to the design level of protection when, in the 

6 discretion of the Chief of Engineers, such repair and 

7 restoration is warranted for the adequate func8 tioning of the structure or project for hurricane or 

9 shore protection, subject to the condition that the 

10 Chief of Engineers may include modifications to the 

11 structure or project to address major deficiencies or 

12 implement nonstructural alternatives to the repair or 

13 restoration of the structure if requested by the non14 Federal sponsor’’. 

15 (b) REPORT.— 

16 (1) IN GENERAL.—Not later than 1 year after 

17 the date of enactment of this Act and every 2 years 

18 thereafter, the Secretary shall submit to the Com19 mittee on Environment and Public Works of the 

20 Senate and the Committee on Transportation and 

21 Infrastructure of the House of Representatives a re22 port detailing the amounts expended in the previous 

23 5 fiscal years to carry out Corps of Engineers 

24 projects under section 5 of the Act entitled ‘‘An Act 

25 authorizing the construction of certain public works 
153 

†S 601 ES

1 on rivers and harbors for flood control, and for other 

2 purposes’’, approved August 18, 1941 (33 U.S.C. 

3 701n). 

4 (2) INCLUSIONS.—A report under paragraph 

5 (1) shall, at a minimum, include a description of— 

6 (A) each structure, feature, or project for 

7 which amounts are expended, including the type 

8 of structure, feature, or project and cost of the 

9 work; and 

10 (B) how the Secretary has repaired, re11 stored, replaced, or modified each structure, 

12 feature, or project or intends to restore the 

13 structure, feature, or project to the design level 

14 of protection for the structure, feature, or 

15 project. 

16 SEC. 2041. SYSTEMWIDE IMPROVEMENT FRAMEWORKS. 

17 A levee system shall remain eligible for rehabilitation 

18 assistance under the authority provided by section 5 of 

19 the Act entitled ‘‘An Act authorizing the construction of 

20 certain public works on rivers and harbors for flood con21 trol, and for other purposes’’ (33 U.S.C. 701n) as long 

22 as the levee system sponsor continues to make satisfactory 

23 progress, as determined by the Secretary, on an approved 

24 systemwide improvement framework or letter of intent. 
154 

†S 601 ES

1 SEC. 2042. FUNDING TO PROCESS PERMITS. 

2 Section 214 of the Water Resources Development Act 

3 of 2000 (Public Law 106–541; 33 U.S.C. 2201 note) is 

4 amended by striking subsections (d) and (e) and inserting 

5 the following: 

6 ‘‘(d) PUBLIC AVAILABILITY.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

8 that all final permit decisions carried out using 

9 funds authorized under this section are made avail10 able to the public in a common format, including on 

11 the Internet, and in a manner that distinguishes 

12 final permit decisions under this section from other 

13 final actions of the Secretary. 

14 ‘‘(2) DECISION DOCUMENT.—The Secretary 

15 shall— 

16 ‘‘(A) use a standard decision document for 

17 evaluating all permits using funds accepted 

18 under this section; and 

19 ‘‘(B) make the standard decision docu20 ment, along with all final permit decisions, 

21 available to the public, including on the Inter22 net. 

23 ‘‘(3) AGREEMENTS.—The Secretary shall make 

24 all active agreements to accept funds under this sec25 tion available on a single public Internet site. 

26 ‘‘(e) REPORTING.— 
155 

†S 601 ES

1 ‘‘(1) IN GENERAL.—The Secretary shall pre2 pare an annual report on the implementation of this 

3 section, which, at a minimum, shall include for each 

4 district of the Corps of Engineers that accepts funds 

5 under this section— 

6 ‘‘(A) a comprehensive list of any funds ac7 cepted under this section during the previous 

8 fiscal year; 

9 ‘‘(B) a comprehensive list of the permits 

10 reviewed and approved using funds accepted 

11 under this section during the previous fiscal 

12 year, including a description of the size and 

13 type of resources impacted and the mitigation 

14 required for each permit; and 

15 ‘‘(C) a description of the training offered 

16 in the previous fiscal year for employees that is 

17 funded in whole or in part with funds accepted 

18 under this section. 

19 ‘‘(2) SUBMISSION.—Not later than 90 days 

20 after the end of each fiscal year, the Secretary 

21 shall— 

22 ‘‘(A) submit to the Committee on Environ23 ment and Public Works of the Senate and the 

24 Committee on Transportation and Infrastruc-
156 

†S 601 ES

1 ture of the House of Representatives the annual 

2 report described in paragraph (1); and 

3 ‘‘(B) make each report received under sub4 paragraph (A) available on a single publicly ac5 cessible Internet site.’’. 

6 SEC. 2043. NATIONAL RIVERBANK STABILIZATION AND 

7 EROSION PREVENTION STUDY AND PILOT 

8 PROGRAM. 

9 (a) DEFINITION OF INLAND AND INTRACOASTAL WA10 TERWAY.—In this section, the term ‘‘inland and intra11 coastal waterway’’ means the inland and intracoastal wa12 terways of the United States described in section 206 of 

13 the Inland Waterways Revenue Act of 1978 (33 U.S.C. 

14 1804). 

15 (b) PILOT PROGRAM.—The Secretary— 

16 (1) is authorized to study issues relating to riv17 erbank stabilization and erosion prevention along in18 land and intracoastal waterways; and 

19 (2) shall establish and carry out for a period of 

20 5 fiscal years a national riverbank stabilization and 

21 erosion prevention pilot program to address river22 bank erosion along inland and intracoastal water23 ways. 

24 (c) STUDY.— 
157 

†S 601 ES

1 (1) IN GENERAL.—The Secretary, in consulta2 tion with appropriate Federal, State, local, and non3 governmental entities, shall carry out a study of the 

4 options and technologies available to prevent the ero5 sion and degradation of riverbanks along inland and 

6 intracoastal waterways. 

7 (2) CONTENTS.—The study shall— 

8 (A) evaluate the nature and extent of the 

9 damages resulting from riverbank erosion along 

10 inland and intracoastal waterways throughout 

11 the United States; 

12 (B) identify specific inland and intra13 coastal waterways and affected wetland areas 

14 with the most urgent need for restoration; 

15 (C) analyze any legal requirements with re16 gard to maintenance of bank lines of inland and 

17 intracoastal waterways, including a comparison 

18 of Federal, State, and private obligations and 

19 practices; 

20 (D) assess and compare policies and man21 agement practices to protect surface areas adja22 cent to inland and intracoastal waterways ap23 plied by various Districts of the Corps of Engi24 neers; and 
158 

†S 601 ES

1 (E) make any recommendations the Sec2 retary determines to be appropriate. 

3 (d) RIVERBANK STABILIZATION AND EROSION PRE4 VENTION PILOT PROGRAM.— 

5 (1) IN GENERAL.—The Secretary shall develop 

6 a pilot program for the construction of riverbank 

7 stabilization and erosion prevention projects on pub8 lic land along inland and intracoastal waterways if 

9 the Secretary determines that the projects are tech10 nically feasible, environmentally acceptable, economi11 cally justified, and lower maintenance costs of those 

12 inland and intracoastal waterways. 

13 (2) PILOT PROGRAM GOALS.—A project under 

14 the pilot program shall, to the maximum extent 

15 practicable— 

16 (A) develop or demonstrate innovative 

17 technologies; 

18 (B) implement efficient designs to prevent 

19 erosion at a riverbank site, taking into account 

20 the lifecycle cost of the design, including clean21 up, maintenance, and amortization; 

22 (C) prioritize natural designs, including 

23 the use of native and naturalized vegetation or 

24 temporary structures that minimize permanent 

25 structural alterations to the riverbank; 
159 

†S 601 ES

1 (D) avoid negative impacts to adjacent 

2 communities; 

3 (E) identify the potential for long-term 

4 protection afforded by the innovative tech5 nology; and 

6 (F) provide additional benefits, including 

7 reduction of flood risk. 

8 (3) PROJECT SELECTIONS.—The Secretary 

9 shall develop criteria for the selection of projects 

10 under the pilot program, including criteria based 

11 on— 

12 (A) the extent of damage and land loss re13 sulting from riverbank erosion; 

14 (B) the rate of erosion; 

15 (C) the significant threat of future flood 

16 risk to public or private property, public infra17 structure, or public safety; 

18 (D) the destruction of natural resources or 

19 habitats; and 

20 (E) the potential cost-savings for mainte21 nance of the channel. 

22 (4) CONSULTATION.—The Secretary shall carry 

23 out the pilot program in consultation with— 

24 (A) Federal, State, and local governments; 

25 (B) nongovernmental organizations; and 
160 

†S 601 ES

1 (C) applicable university research facilities. 

2 (5) REPORT.—Not later than 1 year after the 

3 first fiscal year for which amounts to carry out this 

4 section are appropriated, and every year thereafter, 

5 the Secretary shall prepare and submit to the Com6 mittee on Environment and Public Works of the 

7 Senate and the Committee on Transportation and 

8 Infrastructure of the House of Representatives a re9 port describing— 

10 (A) the activities carried out and accom11 plishments made under the pilot program since 

12 the previous report under this paragraph; and 

13 (B) any recommendations of the Secretary 

14 relating to the program. 

15 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $25,000,000 for each of fiscal years 2014 through 2019. 

18 SEC. 2044. HURRICANE AND STORM DAMAGE RISK REDUC19 TION PRIORITIZATION. 

20 (a) PURPOSES.—The purposes of this section are— 

21 (1) to provide adequate levels of protection to 

22 communities impacted by natural disasters, includ23 ing hurricanes, tropical storms, and other related ex24 treme weather events; and 
161 

†S 601 ES

1 (2) to expedite critical water resources projects 

2 in communities that have historically been and con3 tinue to remain susceptible to extreme weather 

4 events. 

5 (b) PRIORITY.—For authorized projects and ongoing 

6 feasibility studies with a primary purpose of hurricane and 

7 storm damage risk reduction, the Secretary shall give 

8 funding priority to projects and ongoing studies that— 

9 (1) address an imminent threat to life and 

10 property; 

11 (2) prevent storm surge from inundating popu12 lated areas; 

13 (3) prevent the loss of coastal wetlands that 

14 help reduce the impact of storm surge; 

15 (4) protect emergency hurricane evacuation 

16 routes or shelters; 

17 (5) prevent adverse impacts to publicly owned 

18 or funded infrastructure and assets; 

19 (6) minimize disaster relief costs to the Federal 

20 Government; and 

21 (7) address hurricane and storm damage risk 

22 reduction in an area for which the President de23 clared a major disaster in accordance with section 

24 401 of the Robert T. Stafford Disaster Relief and 

25 Emergency Assistance Act (42 U.S.C. 5170). 
162 

†S 601 ES

1 (c) EXPEDITED CONSIDERATION OF CURRENTLY AU2 THORIZED PROJECTS.—Not later than 180 days after the 

3 date of enactment of this Act, the Secretary shall— 

4 (1) submit to the Committee on Environment 

5 and Public Works of the Senate and the Committee 

6 on Transportation and Infrastructure of the House 

7 of Representatives a list of all— 

8 (A) ongoing hurricane and storm damage 

9 reduction feasibility studies that have signed 

10 feasibility cost share agreements and have re11 ceived Federal funds since 2009; and 

12 (B) authorized hurricane and storm dam13 age reduction projects that— 

14 (i) have been authorized for more 

15 than 20 years but are less than 75 percent 

16 complete; or 

17 (ii) are undergoing a post-authoriza18 tion change report, general reevaluation re19 port, or limited reevaluation report; 

20 (2) identify those projects on the list required 

21 under paragraph (1) that meet the criteria described 

22 in subsection (b); and 

23 (3) provide a plan for expeditiously completing 

24 the projects identified under paragraph (2), subject 

25 to available funding. 
163 

†S 601 ES

1 (d) PRIORITIZATION OF NEW STUDIES FOR HURRI2 CANE AND STORM DAMAGE RISK REDUCTION.—In select3 ing new studies for hurricane and storm damage reduction 

4 to propose to Congress under section 4002, the Secretary 

5 shall give priority to studies— 

6 (1) that— 

7 (A) have been recommended in a com8 prehensive hurricane protection study carried 

9 out by the Corps of Engineers; or 

10 (B) are included in a State plan or pro11 gram for hurricane, storm damage reduction, 

12 flood control, coastal protection, conservation, 

13 or restoration, that is created in consultation 

14 with the Corps of Engineers or other relevant 

15 Federal agencies; and 

16 (2) for areas for which the President declared 

17 a major disaster in accordance with section 401 of 

18 the Robert T. Stafford Disaster Relief and Emer19 gency Assistance Act (42 U.S.C. 5170). 

20 SEC. 2045. PRIORITIZATION OF ECOSYSTEM RESTORATION 

21 EFFORTS. 

22 For authorized projects with a primary purpose of 

23 ecosystem restoration, the Secretary shall give funding 

24 priority to projects— 

25 (1) that— 
164 

†S 601 ES

1 (A) address an identified threat to public 

2 health, safety, or welfare; 

3 (B) preserve or restore ecosystems of na4 tional significance; or 

5 (C) preserve or restore habitats of impor6 tance for federally protected species, including 

7 migratory birds; and 

8 (2) for which the restoration activities will con9 tribute to other ongoing or planned Federal, State, 

10 or local restoration initiatives. 

11 SEC. 2046. SPECIAL USE PERMITS. 

12 (a) SPECIAL USE PERMITS.— 

13 (1) IN GENERAL.—The Secretary may issue 

14 special permits for uses such as group activities, 

15 recreation events, motorized recreation vehicles, and 

16 such other specialized recreation uses as the Sec17 retary determines to be appropriate, subject to such 

18 terms and conditions as the Secretary determines to 

19 be in the best interest of the Federal Government. 

20 (2) FEES.— 

21 (A) IN GENERAL.—In carrying out this 

22 subsection, the Secretary may— 

23 (i) establish and collect fees associated 

24 with the issuance of the permits described 

25 in paragraph (1); or 
165 

†S 601 ES

1 (ii) accept in-kind services in lieu of 

2 those fees. 

3 (B) OUTDOOR RECREATION EQUIPMENT.— 

4 The Secretary may establish and collect fees for 

5 the provision of outdoor recreation equipment 

6 and services at public recreation areas located 

7 at lakes and reservoirs operated by the Corps of 

8 Engineers. 

9 (C) USE OF FEES.—Any fees generated 

10 pursuant to this subsection shall be— 

11 (i) retained at the site collected; and 

12 (ii) available for use, without further 

13 appropriation, solely for administering the 

14 special permits under this subsection and 

15 carrying out related operation and mainte16 nance activities at the site at which the 

17 fees are collected. 

18 (b) COOPERATIVE MANAGEMENT.— 

19 (1) PROGRAM.— 

20 (A) IN GENERAL.—Subject to subpara21 graph (B), the Secretary may enter into an 

22 agreement with a State or local government to 

23 provide for the cooperative management of a 

24 public recreation area if— 
166 

†S 601 ES

1 (i) the public recreation area is lo2 cated— 

3 (I) at a lake or reservoir operated 

4 by the Corps of Engineers; and 

5 (II) adjacent to or near a State 

6 or local park or recreation area; and 

7 (ii) the Secretary determines that co8 operative management between the Corps 

9 of Engineers and a State or local govern10 ment agency of a portion of the Corps of 

11 Engineers recreation area or State or local 

12 park or recreation area will allow for more 

13 effective and efficient management of those 

14 areas. 

15 (B) RESTRICTION.—The Secretary may 

16 not transfer administration responsibilities for 

17 any public recreation area operated by the 

18 Corps of Engineers. 

19 (2) ACQUISITION OF GOODS AND SERVICES.— 

20 The Secretary may acquire from or provide to a 

21 State or local government with which the Secretary 

22 has entered into a cooperative agreement under 

23 paragraph (1) goods and services to be used by the 

24 Secretary and the State or local government in the 
167 

†S 601 ES

1 cooperative management of the areas covered by the 

2 agreement. 

3 (3) ADMINISTRATION.—The Secretary may 

4 enter into 1 or more cooperative management agree5 ments or such other arrangements as the Secretary 

6 determines to be appropriate, including leases or li7 censes, with non-Federal interests to share the costs 

8 of operation, maintenance, and management of 

9 recreation facilities and natural resources at recre10 ation areas that are jointly managed and funded 

11 under this subsection. 

12 (c) FUNDING TRANSFER AUTHORITY.— 

13 (1) IN GENERAL.—If the Secretary determines 

14 that it is in the public interest for purposes of en15 hancing recreation opportunities at Corps of Engi16 neers water resources development projects, the Sec17 retary may transfer funds appropriated for resource 

18 protection, research, interpretation, and maintenance 

19 activities related to resource protection in the areas 

20 at which outdoor recreation is available at those 

21 Corps of Engineers water resource development 

22 projects to State, local, and tribal governments and 

23 such other public or private nonprofit entities as the 

24 Secretary determines to be appropriate. 
168 

†S 601 ES

1 (2) COOPERATIVE AGREEMENTS.—Any transfer 

2 of funds pursuant to this subsection shall be carried 

3 out through the execution of a cooperative agree4 ment, which shall contain such terms and conditions 

5 as the Secretary determines to be necessary in the 

6 public interest. 

7 (d) SERVICES OF VOLUNTEERS.—Chapter IV of title 

8 I of Public Law 98–63 (33 U.S.C. 569c) is amended— 

9 (1) in the first sentence, by inserting ‘‘, includ10 ing expenses relating to uniforms, transportation, 

11 lodging, and the subsistence of those volunteers, 

12 without regard to the place of residence of the volun13 teers,’’ after ‘‘incidental expenses’’; and 

14 (2) by inserting after the first sentence the fol15 lowing: ‘‘The Chief of Engineers may also provide 

16 awards of up to $100 in value to volunteers in rec17 ognition of the services of the volunteers.’’ 

18 (e) TRAINING AND EDUCATIONAL ACTIVITIES.—Sec19 tion 213(a) of the Water Resources Development Act of 

20 2000 (33 U.S.C. 2339) is amended by striking ‘‘at’’ and 

21 inserting ‘‘about’’. 

22 SEC. 2047. OPERATIONS AND MAINTENANCE ON FUEL 

23 TAXED INLAND WATERWAYS. 

24 (a) IN GENERAL.—Notwithstanding any other provi25 sion of law, the Secretary shall have responsibility for 65 
169 

†S 601 ES

1 percent of the costs of the operation, maintenance, repair, 

2 rehabilitation, and replacement of any flood gate, as well 

3 as any pumping station constructed within the channel as 

4 a single unit with that flood gate, that— 

5 (1) was constructed as of the date of enactment 

6 of this Act as a feature of an authorized hurricane 

7 and storm damage reduction project; and 

8 (2) crosses an inland or intracoastal waterway 

9 described in section 206 of the Inland Waterways 

10 Revenue Act of 1978 (33 U.S.C. 1804). 

11 (b) PAYMENT OPTIONS.—For rehabilitation or re12 placement of any structure under this section, the Sec13 retary may apply to the full non-Federal contribution the 

14 payment option provisions under section 103(k) of the 

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

16 2213(k)). 

17 SEC. 2048. CORROSION PREVENTION. 

18 (a) GUIDANCE AND PROCEDURES.—The Secretary 

19 shall develop guidance and procedures for the certification 

20 of qualified contractors for— 

21 (1) the application of protective coatings; and 

22 (2) the removal of hazardous protective coat23 ings. 
170 

†S 601 ES

1 (b) REQUIREMENTS.—Except as provided in sub2 section (c), the Secretary shall use certified contractors 

3 for— 

4 (1) the application of protective coatings for 

5 complex work involving steel and cementitious struc6 tures, including structures that will be exposed in 

7 immersion; 

8 (2) the removal of hazardous coatings or other 

9 hazardous materials that are present in sufficient 

10 concentrations to create an occupational or environ11 mental hazard; and 

12 (3) any other activities the Secretary deter13 mines to be appropriate. 

14 (c) EXCEPTION.—The Secretary may approve excep15 tions to the use of certified contractors under subsection 

16 (b) only after public notice, with the opportunity for com17 ment, of any such proposal. 

18 SEC. 2049. PROJECT DEAUTHORIZATIONS. 

19 (a) IN GENERAL.—Section 1001(b) of the Water Re20 sources Development Act of 1986 (33 U.S.C. 579a(b)) is 

21 amended— 

22 (1) by striking paragraph (2) and inserting the 

23 following: 

24 ‘‘(2) LIST OF PROJECTS.— 
171 

†S 601 ES

1 ‘‘(A) IN GENERAL.—Notwithstanding sec2 tion 3003 of Public Law 104–66 (31 U.S.C. 

3 1113 note; 109 Stat. 734), each year, after the 

4 submission of the list under paragraph (1), the 

5 Secretary shall submit to Congress a list of 

6 projects or separable elements of projects that 

7 have been authorized but that have received no 

8 obligations during the 5 full fiscal years pre9 ceding the submission of that list. 

10 ‘‘(B) ADDITIONAL NOTIFICATION.—On 

11 submission of the list under subparagraph (A) 

12 to Congress, the Secretary shall notify— 

13 ‘‘(i) each Senator in whose State and 

14 each Member of the House of Representa15 tives in whose district a project (including 

16 any part of a project) on that list would be 

17 located; and 

18 ‘‘(ii) each applicable non-Federal in19 terest associated with a project (including 

20 any part of a project) on that list. 

21 ‘‘(C) DEAUTHORIZATION.—A project or 

22 separable element included in the list under 

23 subparagraph (A) is not authorized after the 

24 last date of the fiscal year following the fiscal 

25 year in which the list is submitted to Congress, 
172 

†S 601 ES

1 if funding has not been obligated for the plan2 ning, design, or construction of the project or 

3 element of the project during that period.’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(3) MINIMUM FUNDING LIST.—At the end of 

6 each fiscal year, the Secretary shall submit to Con7 gress a list of— 

8 ‘‘(A) projects or separable elements of 

9 projects authorized for construction for which 

10 funding has been obligated in the 5 previous 

11 fiscal years; 

12 ‘‘(B) the amount of funding obligated per 

13 fiscal year; 

14 ‘‘(C) the current phase of each project or 

15 separable element of a project; and 

16 ‘‘(D) the amount required to complete 

17 those phases. 

18 ‘‘(4) REPORT.— 

19 ‘‘(A) IN GENERAL.—Not later than 180 

20 days after the date of enactment of the Water 

21 Resources Development Act of 2013, the Sec22 retary shall compile and publish a complete list 

23 of all uncompleted, authorized projects of the 

24 Corps of Engineers, including for each project 

25 on that list— 
173 

†S 601 ES

1 ‘‘(i) the original budget authority for 

2 the project; 

3 ‘‘(ii) the status of the project; 

4 ‘‘(iii) the estimated date of completion 

5 of the project; 

6 ‘‘(iv) the estimated cost of completion 

7 of the project; and 

8 ‘‘(v) any amounts for the project that 

9 remain unobligated. 

10 ‘‘(B) PUBLICATION.— 

11 ‘‘(i) IN GENERAL.—The Secretary 

12 shall submit a copy of the list under sub13 paragraph (A) to— 

14 ‘‘(I) the appropriate committees 

15 of Congress; and 

16 ‘‘(II) the Director of the Office of 

17 Management and Budget. 

18 ‘‘(ii) PUBLIC AVAILABILITY.—Not 

19 later than 30 days after providing the re20 port to Congress under clause (i), the Sec21 retary shall make a copy of the list avail22 able on a publicly accessible Internet site, 

23 in a manner that is downloadable, search24 able, and sortable.’’. 
174 

†S 601 ES

1 (b) INFRASTRUCTURE DEAUTHORIZATION COMMIS2 SION.— 

3 (1) PURPOSES.—The purposes of this sub4 section are— 

5 (A) to establish a process for identifying 

6 authorized Corps of Engineers water resources 

7 projects that are no longer in the Federal inter8 est and no longer feasible; 

9 (B) to create a commission— 

10 (i) to review suggested 

11 deauthorizations, including consideration 

12 of recommendations of the States and the 

13 Secretary for the deauthorization of water 

14 resources projects; and 

15 (ii) to make recommendations to Con16 gress; 

17 (C) to ensure public participation and com18 ment; and 

19 (D) to provide oversight on any rec20 ommendations made to Congress by the Com21 mission. 

22 (2) INFRASTRUCTURE DEAUTHORIZATION COM23 MISSION.— 

24 (A) ESTABLISHMENT.—There is estab25 lished an independent commission to be known 
175 

†S 601 ES

1 as the ‘‘Infrastructure Deauthorization Com2 mission’’ (referred to in this paragraph as the 

3 ‘‘Commission’’). 

4 (B) DUTIES.—The Commission shall carry 

5 out the review and recommendation duties de6 scribed in paragraph (5). 

7 (C) MEMBERSHIP.— 

8 (i) IN GENERAL.—The Commission 

9 shall be composed of 8 members, who shall 

10 be appointed by the President, by and with 

11 the advice and consent of the Senate ac12 cording to the expedited procedures de13 scribed in clause (ii). 

14 (ii) EXPEDITED NOMINATION PROCE15 DURES.— 

16 (I) PRIVILEGED NOMINATIONS; 

17 INFORMATION REQUESTED.—On re18 ceipt by the Senate of a nomination 

19 under clause (i), the nomination 

20 shall— 

21 (aa) be placed on the Execu22 tive Calendar under the heading 

23 ‘‘Privileged Nominations—Infor24 mation Requested’’; and 
176 

†S 601 ES

1 (bb) remain on the Execu2 tive Calendar under that heading 

3 until the Executive Clerk receives 

4 a written certification from the 

5 Chairman of the committee of ju6 risdiction under subclause (II). 

7 (II) QUESTIONNAIRES.—The 

8 Chairman of the Committee on Envi9 ronment and Public Works of the 

10 Senate shall notify the Executive 

11 Clerk in writing when the appropriate 

12 biographical and financial question13 naires have been received from an in14 dividual nominated for a position 

15 under clause (i). 

16 (III) PRIVILEGED NOMINATIONS; 

17 INFORMATION RECEIVED.—On receipt 

18 of the certification under subclause 

19 (II), the nomination shall— 

20 (aa) be placed on the Execu21 tive Calendar under the heading 

22 ‘‘Privileged Nomination—Infor23 mation Received’’ and remain on 

24 the Executive Calendar under 
177 

†S 601 ES

1 that heading for 10 session days; 

2 and 

3 (bb) after the expiration of 

4 the period referred to in item 

5 (aa), be placed on the ‘‘Nomina6 tions’’ section of the Executive 

7 Calendar. 

8 (IV) REFERRAL TO COMMITTEE

9 OF JURISDICTION.—During the period 

10 when a nomination under clause (i) is 

11 listed under the ‘‘Privileged Nomina12 tion—Information Requested’’ section 

13 of the Executive Calendar described in 

14 subclause (I)(aa) or the ‘‘Privileged 

15 Nomination—Information Received’’ 

16 section of the Executive Calendar de17 scribed in subclause (III)(aa)— 

18 (aa) any Senator may re19 quest on his or her own behalf, 

20 or on the behalf of any identified 

21 Senator that the nomination be 

22 referred to the appropriate com23 mittee of jurisdiction; and 

24 (bb) if a Senator makes a 

25 request described in paragraph 
178 

†S 601 ES

1 item (aa), the nomination shall 

2 be referred to the appropriate 

3 committee of jurisdiction. 

4 (V) EXECUTIVE CALENDAR.— 

5 The Secretary of the Senate shall cre6 ate the appropriate sections on the 

7 Executive Calendar to reflect and ef8 fectuate the requirements of this 

9 clause. 

10 (VI) COMMITTEE JUSTIFICATION

11 FOR NEW EXECUTIVE POSITIONS.— 

12 The report accompanying each bill or 

13 joint resolution of a public character 

14 reported by any committee shall con15 tain an evaluation and justification 

16 made by that committee for the estab17 lishment in the measure being re18 ported of any new position appointed 

19 by the President within an existing or 

20 new Federal entity. 

21 (iii) QUALIFICATIONS.—Members of 

22 the Commission shall be knowledgeable 

23 about Corps of Engineers water resources 

24 projects. 
179 

†S 601 ES

1 (iv) GEOGRAPHICAL DIVERSITY.—To 

2 the maximum extent practicable, the mem3 bers of the Commission shall be geographi4 cally diverse. 

5 (D) COMPENSATION OF MEMBERS.— 

6 (i) IN GENERAL.—Each member of 

7 the Commission who is not an officer or 

8 employee of the Federal Government shall 

9 be compensated at a rate equal to the daily 

10 equivalent of the annual rate of basic pay 

11 prescribed for level IV of the Executive 

12 Schedule under section 5315 of title 5, 

13 United States Code, for each day (includ14 ing travel time) during which the member 

15 is engaged in the performance of the duties 

16 of the Commission. 

17 (ii) FEDERAL EMPLOYEES.—All mem18 bers of the Commission who are officers or 

19 employees of the United States shall serve 

20 without compensation in addition to that 

21 received for their services as officers or 

22 employees of the United States. 

23 (iii) TRAVEL EXPENSES.—The mem24 bers of the Commission shall be allowed 

25 travel expenses, including per diem in lieu 
180 

†S 601 ES

1 of subsistence, at rates authorized for em2 ployees of agencies under subchapter I of 

3 chapter 57 of title 5, United States Code, 

4 while away from their homes or regular 

5 places of business in the performance of 

6 service for the Commission. 

7 (3) STATE WATER RESOURCES INFRASTRUC8 TURE PLAN.—Not later than 2 years after the date 

9 of enactment of this Act, each State, in consultation 

10 with local interests, may develop and submit to the 

11 Commission, the Committee on Environment and 

12 Public Works of the Senate, and the Committee on 

13 Transportation and Infrastructure of the House of 

14 Representatives, a detailed statewide water resources 

15 plan that includes a list of each water resources 

16 project that the State recommends for deauthoriza17 tion. 

18 (4) CORPS OF ENGINEERS INFRASTRUCTURE

19 PLAN.—Not later than 2 years after the date of en20 actment of this Act, the Secretary shall submit to 

21 the Commission, the Committee on Environment 

22 and Public Works of the Senate, and the Committee 

23 on Transportation and Infrastructure of the House 

24 of Representatives a detailed plan that— 
181 

†S 601 ES

1 (A) contains a detailed list of each water 

2 resources project that the Corps of Engineers 

3 recommends for deauthorization; and 

4 (B) is based on assessment by the Sec5 retary of the needs of the United States for 

6 water resources infrastructure, taking into ac7 count public safety, the economy, and the envi8 ronment. 

9 (5) REVIEW AND RECOMMENDATION COMMIS10 SION.— 

11 (A) IN GENERAL.—On the appointment 

12 and confirmation of all members of the Com13 mission, the Commission shall solicit public 

14 comment on water resources infrastructure 

15 issues and priorities and recommendations for 

16 deauthorization, including by— 

17 (i) holding public hearings throughout 

18 the United States; and 

19 (ii) receiving written comments. 

20 (B) RECOMMENDATIONS.— 

21 (i) IN GENERAL.—Not later than 4 

22 years after the date of enactment of this 

23 Act, the Commission shall submit to Con24 gress a list of water resources projects of 
182 

†S 601 ES

1 the Corps of Engineers for deauthoriza2 tion. 

3 (ii) CONSIDERATIONS.—In carrying 

4 out this paragraph, the Commission shall 

5 establish criteria for evaluating projects for 

6 deauthorization, which shall include consid7 eration of— 

8 (I) the infrastructure plans sub9 mitted by the States and the Sec10 retary under paragraphs (3) and (4); 

11 (II) any public comment received 

12 during the period described in sub13 paragraph (A); 

14 (III) public safety and security; 

15 (IV) the environment; and 

16 (V) the economy. 

17 (C) NON-ELIGIBLE PROJECTS.—The fol18 lowing types of projects shall not be eligible for 

19 review for deauthorization by the Commission: 

20 (i) Any project authorized after the 

21 date of enactment of the Water Resources 

22 Development Act of 1996 (Public Law 

23 104–303; 110 Stat. 3658), including any 

24 project that has been reauthorized after 

25 that date. 
183 

†S 601 ES

1 (ii) Any project that, as of the date of 

2 enactment of this Act, is undergoing a re3 view by the Corps of Engineers. 

4 (iii) Any project that has received ap5 propriations in the 10-year period ending 

6 on the date of enactment of this Act. 

7 (iv) Any project that, on the date of 

8 enactment of this Act, is more than 50 

9 percent complete. 

10 (v) Any project that has a viable non11 Federal sponsor. 

12 (D) CONGRESSIONAL DISAPPROVAL.—Any 

13 water resources project recommended for de14 authorization on the list submitted to Congress 

15 under subparagraph (B) shall be deemed to be 

16 deauthorized unless Congress passes a joint res17 olution disapproving of the entire list of de18 authorized water resources projects prior to the 

19 date that is 180 days after the date on which 

20 the Commission submits the list to Congress. 

21 (6) APPLICATION.—For purposes of this sub22 section, water resources projects shall include envi23 ronmental infrastructure assistance projects and 

24 programs of the Corps of Engineers. 
184 

†S 601 ES

1 SEC. 2050. REPORTS TO CONGRESS. 

2 (a) IN GENERAL.—Subject to the availability of ap3 propriations, the Secretary shall complete and submit to 

4 Congress by the applicable date required the reports that 

5 address public safety and enhanced local participation in 

6 project delivery described in subsection (b). 

7 (b) REPORTS.—The reports referred to in subsection 

8 (a) are the reports required under— 

9 (1) section 2020; 

10 (2) section 2022; 

11 (3) section 2025; 

12 (4) section 2026; 

13 (5) section 2039; 

14 (6) section 2040; 

15 (7) section 6007; and 

16 (8) section 10015. 

17 (c) FAILURE TO PROVIDE A COMPLETED REPORT.— 

18 (1) IN GENERAL.—Subject to subsection (d), if 

19 the Secretary fails to provide a report listed under 

20 subsection (b) by the date that is 180 days after the 

21 applicable date required for that report, $5,000 shall 

22 be reprogrammed from the General Expenses ac23 count of the civil works program of the Army Corps 

24 of Engineers into the account of the division of the 

25 Army Corps of Engineers with responsibility for 

26 completing that report. 
185 

†S 601 ES

1 (2) SUBSEQUENT REPROGRAMMING.—Subject 

2 to subsection (d), for each additional week after the 

3 date described in paragraph (1) in which a report 

4 described in that paragraph remains uncompleted 

5 and unsubmitted to Congress, $5,000 shall be repro6 grammed from the General Expenses account of the 

7 civil works program of the Army Corps of Engineers 

8 into the account of the division of the Secretary of 

9 the Army with responsibility for completing that re10 port. 

11 (d) LIMITATIONS.— 

12 (1) IN GENERAL.—For each report, the total 

13 amounts reprogrammed under subsection (c) shall 

14 not exceed, in any fiscal year, $50,000. 

15 (2) AGGREGATE LIMITATION.—The total 

16 amount reprogrammed under subsection (c) in a fis17 cal year shall not exceed $200,000. 

18 (e) NO FAULT OF THE SECRETARY.—Amounts shall 

19 not be reprogrammed under subsection (c) if the Secretary 

20 certifies in a letter to the applicable committees of Con21 gress that— 

22 (1) a major modification has been made to the 

23 content of the report that requires additional anal24 ysis for the Secretary to make a final decision on the 

25 report; 
186 

†S 601 ES

1 (2) amounts have not been appropriated to the 

2 agency under this Act or any other Act to carry out 

3 the report; or 

4 (3) additional information is required from an 

5 entity other than the Corps of Engineers and is not 

6 available in a timely manner to complete the report 

7 by the deadline. 

8 (f) LIMITATION.—The Secretary shall not reprogram 

9 funds to reimburse the Office of the Assistant Secretary 

10 of the Army for Civil Works for the loss of the funds. 

11 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated to carry out this section 

13 $10,000,000. 

14 SEC. 2051. INDIAN SELF-DETERMINATION AND EDUCATION 

15 ASSISTANCE ACT CONFORMING AMENDMENT. 

16 Section 106(k) of the Indian Self-Determination and 

17 Education Assistance Act (25 U.S.C. 450j–1(k)) is 

18 amended by adding at the end the following: 

19 ‘‘(13) Interest payments, the retirement of prin20 cipal, the costs of issuance, and the costs of insur21 ance or a similar credit support for a debt financing 

22 instrument, the proceeds of which are used to sup23 port a contracted construction project.’’. 
187 

†S 601 ES

1 SEC. 2052. INVASIVE SPECIES REVIEW. 

2 The Secretary, in consultation with the Director of 

3 the United States Fish and Wildlife Service, the Chairman 

4 of the Tennessee Valley Authority, and other applicable 

5 heads of Federal agencies, shall— 

6 (1) carry out a review of existing Federal au7 thorities relating to responding to invasive species, 

8 including aquatic weeds, aquatic snails, and other 

9 aquatic invasive species, that have an impact on 

10 water resources; and 

11 (2) based on the review under paragraph (1), 

12 make any recommendations to Congress and applica13 ble State agencies for improving Federal and State 

14 laws to more effectively respond to the threats posed 

15 by those invasive species. 

16 SEC. 2053. WETLANDS CONSERVATION STUDY. 

17 (a) IN GENERAL.—The Comptroller General of the 

18 United States shall carry out a study to identify all Fed19 eral programs relating to wetlands conservation. 

20 (b) REPORT.—The Comptroller General of the 

21 United States shall submit to Congress a report based on 

22 the study under subsection (a) describing options for 

23 maximizing wetlands conservation benefits while reducing 

24 redundancy, increasing efficiencies, and reducing costs. 
188 

†S 601 ES

1 SEC. 2054. DAM MODIFICATION STUDY. 

2 (a) IN GENERAL.—The Comptroller General of the 

3 United States shall, in consultation with the Corps of En4 gineers, the Southeastern Power Administration, Federal 

5 hydropower customers, downstream communities, and 

6 other stakeholders, carry out a study to evaluate the struc7 tural modifications made at Federal dams in the Cum8 berland River Basin beginning on January 1, 2000. 

9 (b) CONTENTS.—The study under subsection (a) 

10 shall examine— 

11 (1) whether structural modifications at each 

12 dam have utilized new state-of-the-art design criteria 

13 deemed necessary for safety purposes that have not 

14 been used in other circumstances; 

15 (2) whether structural modifications at each 

16 dam for downstream safety were executed in accord17 ance with construction criteria that had changed 

18 from the original construction criteria; 

19 (3) whether structural modifications at each 

20 dam assured safety; 

21 (4) any estimates by the Corps of Engineers of 

22 consequences of total dam failure if state-of-the-art 

23 construction criteria deemed necessary for safety 

24 purposes were not employed; and 

25 (5) whether changes in underlying geology at 

26 any of the Federal dams in the Cumberland River 
189 

†S 601 ES

1 Basin required structural modifications to assure 

2 dam safety. 

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

4 of enactment of this Act, the Comptroller General of the 

5 United States shall submit to Congress a report based on 

6 the study under subsection (a) with findings on whether, 

7 with respect to structural modifications at Federal dams 

8 in the Cumberland River Basin, the Corps of Engineers 

9 has selected and implemented design criteria that rely on 

10 state-of-the-art design and construction criteria that will 

11 provide for the safety of downstream communities. 

12 SEC. 2055. NON-FEDERAL PLANS TO PROVIDE ADDITIONAL 

13 FLOOD RISK REDUCTION. 

14 (a) IN GENERAL.—If requested by a non-Federal in15 terest, the Secretary shall construct a locally preferred 

16 plan that provides a higher level of protection than a flood 

17 risk management project authorized under this Act if the 

18 Secretary determines that— 

19 (1) the plan is technically feasible and environ20 mentally acceptable; and 

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

22 the plan. 

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

24 constructs a locally preferred plan under subsection (a), 

25 the Federal share of the cost of the project shall be not 
190 

†S 601 ES

1 greater than the share as provided by law for elements 

2 of the national economic development plan. 

3 SEC. 2056. MISSISSIPPI RIVER FORECASTING IMPROVE4 MENTS. 

5 (a) IN GENERAL.—The Secretary, in consultation 

6 with the Secretary of the department in which the Coast 

7 Guard is operating, the Director of the United States Geo8 logical Survey, the Administrator of the National Oceanic 

9 and Atmospheric Administration, and the Director of the 

10 National Weather Service, as applicable, shall improve 

11 forecasting on the Mississippi River by— 

12 (1) updating forecasting technology deployed on 

13 the Mississippi River and its tributaries through— 

14 (A) the construction of additional auto15 mated river gages; 

16 (B) the rehabilitation of existing auto17 mated and manual river gages; and 

18 (C) the replacement of manual river gages 

19 with automated gages, as the Secretary deter20 mines to be necessary; 

21 (2) constructing additional sedimentation 

22 ranges on the Mississippi River and its tributaries; 

23 and 

24 (3) deploying additional automatic identification 

25 system base stations at river gage sites. 
191 

†S 601 ES

1 (b) PRIORITIZATION.—In carrying out this section, 

2 the Secretary shall prioritize the sections of the Mis3 sissippi River on which additional and more reliable infor4 mation would have the greatest impact on maintaining 

5 navigation on the Mississippi River. 

6 (c) REPORT.—Not later than 1 year after the date 

7 of enactment of this Act, the Secretary shall submit to 

8 Congress a report on the activities carried out by the Sec9 retary under this section. 

10 SEC. 2057. FLEXIBILITY IN MAINTAINING NAVIGATION. 

11 (a) IN GENERAL.—If the Secretary, in consultation 

12 with the Secretary of the department in which the Coast 

13 Guard is operating, determines it to be critical to main14 taining safe and reliable navigation within the authorized 

15 Federal navigation channel on the Mississippi River, the 

16 Secretary may carry out only those activities outside the 

17 authorized Federal navigation channel along the Mis18 sissippi River, including the construction and operation of 

19 maintenance of fleeting areas, that are necessary for safe 

20 and reliable navigation in the Federal channel. 

21 (b) REPORT.—Not later than 60 days after initiating 

22 an activity under this section, the Secretary shall submit 

23 to the Committee on Environment and Public Works of 

24 the Senate and the Committee on Transportation and In-
192 

†S 601 ES

1 frastructure of the House of Representatives a report that 

2 includes— 

3 (1) a description of the activities undertaken, 

4 including the costs associated with the activities; and 

5 (2) a comprehensive description of how the ac6 tivities are necessary for maintaining safe and reli7 able navigation of the Federal channel. 

8 SEC. 2058. RESTRICTED AREAS AT CORPS OF ENGINEERS 

9 DAMS. 

10 (a) DEFINITIONS.—In this section: 

11 (1) RESTRICTED AREA.—The term ‘‘restricted 

12 area’’ means a restricted area for hazardous waters 

13 at dams and other civil works structures in the 

14 Cumberland River basin established pursuant to 

15 chapter 10 of the regulation entitled ‘‘Project Oper16 ations: Navigation and Dredging Operations and 

17 Maintenance Policies’’, published by the Corps of 

18 Engineers on November 29, 1996, and any related 

19 regulations or guidance. 

20 (2) STATE.—The term ‘‘State’’ means the ap21 plicable agency of the State (including an official of 

22 that agency) in which the applicable dam is located 

23 that is responsible for enforcing boater safety. 

24 (b) RESTRICTION ON PHYSICAL BARRIERS.—Subject 

25 to subsection (c), the Secretary, acting through the Chief 
193 

†S 601 ES

1 of Engineers, in the establishing and enforcing restricted 

2 areas, shall not take any action to establish a permanent 

3 physical barrier to prevent public access to waters down4 stream of a dam owned by the Corps of Engineers. 

5 (c) EXCLUSIONS.—For purposes of this section, the 

6 installation and maintenance of measures for alerting the 

7 public of hazardous water conditions and restricted areas, 

8 including sirens, strobe lights, and signage, shall not be 

9 considered to be a permanent physical barrier under sub10 section (b). 

11 (d) ENFORCEMENT.— 

12 (1) IN GENERAL.—Enforcement of a restricted 

13 area shall be the sole responsibility of a State. 

14 (2) EXISTING AUTHORITIES.—The Secretary 

15 shall not assess any penalty for entrance into a re16 stricted area under section 4 of the Act entitled ‘‘An 

17 Act authorizing the construction of certain public 

18 works on rivers and harbors for flood control, and 

19 for other purposes’’, approved December 22, 1944 

20 (16 U.S.C. 460d). 

21 (e) DEVELOPMENT OR MODIFICATION OF RE22 STRICTED AREAS.—In establishing a new restricted area 

23 or modifying an existing restricted area, the Secretary 

24 shall— 
194 

†S 601 ES

1 (1) ensure that any restrictions are based on 

2 operational conditions that create hazardous waters; 

3 and 

4 (2) publish a draft describing the restricted 

5 area and seek and consider public comment on that 

6 draft prior to establishing or modifying any re7 stricted area. 

8 (f) EFFECTIVE DATE.— 

9 (1) IN GENERAL.—Subject to paragraph (2), 

10 this section shall apply to the establishment of a new 

11 restricted area or the modification of an existing re12 stricted area on or after August 1, 2012. 

13 (2) EXISTING RESTRICTIONS.—If the Secretary, 

14 acting through the Chief of Engineers, has estab15 lished a new restricted area or modified an existing 

16 restricted area during the period beginning on Au17 gust 1, 2012, and ending on the date of enactment 

18 of this Act, the Secretary shall— 

19 (A) cease implementing the restricted area 

20 until the later of— 

21 (i) such time as the restricted area 

22 meets the requirements of this section; and 

23 (ii) the date that is 2 years after the 

24 date of enactment of this Act; and 
195 

†S 601 ES

1 (B) remove any permanent physical bar2 riers constructed in connection with the re3 stricted area. 

4 SEC. 2059. MAXIMUM COST OF PROJECTS. 

5 Section 902 of the Water Resources Development Act 

6 of 1986 (33 U.S.C. 2280) is amended— 

7 (1) by striking ‘‘In order to’’ and inserting the 

8 following: 

9 ‘‘(a) IN GENERAL.—In order to’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(b) CONTRIBUTED FUNDS.—Nothing in this section 

12 affects the authority of the Secretary to complete con13 struction of a water resources development project using 

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

15 1936 (33 U.S.C. 701h).’’. 

16 SEC. 2060. DONALD G. WALDON LOCK AND DAM. 

17 (a) FINDINGS.—Congress finds that— 

18 (1) the Tennessee-Tombigbee Waterway Devel19 opment Authority is a 4-State compact comprised of 

20 the States of Alabama, Kentucky, Mississippi, and 

21 Tennessee; 

22 (2) the Tennessee-Tombigbee Authority is the 

23 regional non-Federal sponsor of the Tennessee24 Tombigbee Waterway; 
196 

†S 601 ES

1 (3) the Tennessee-Tombigbee Waterway, com2 pleted in 1984, has fueled growth in the United 

3 States economy by reducing transportation costs and 

4 encouraging economic development; and 

5 (4) the selfless determination and tireless work 

6 of Donald G. Waldon, while serving as administrator 

7 of the waterway compact for 21 years, contributed 

8 greatly to the realization and success of the Ten9 nessee-Tombigbee Waterway. 

10 (b) SENSE OF CONGRESS.—It is the sense of Con11 gress that, at an appropriate time and in accordance with 

12 the rules of the House of Representatives and the Senate, 

13 the lock and dam located at mile 357.5 on the Tennessee14 Tombigbee Waterway should be known and designated as 

15 the ‘‘Donald G. Waldon Lock and Dam’’. 

16 SEC. 2061. IMPROVING PLANNING AND ADMINISTRATION 

17 OF WATER SUPPLY STORAGE. 

18 (a) IN GENERAL.—The Secretary shall carry out ac19 tivities to enable non-Federal interests to anticipate and 

20 accurately budget for annual operations and maintenance 

21 costs and, as applicable, repair, rehabilitation, and re22 placements costs, including through— 

23 (1) the formulation by the Secretary of a uni24 form billing statement format for those storage 

25 agreements relating to operations and maintenance 
197 

†S 601 ES

1 costs, and as applicable, repair, rehabilitation, and 

2 replacement costs, incurred by the Secretary, which, 

3 at a minimum, shall include— 

4 (A) a detailed description of the activities 

5 carried out relating to the water supply aspects 

6 of the project; 

7 (B) a clear explanation of why and how 

8 those activities relate to the water supply as9 pects of the project; and 

10 (C) a detailed accounting of the cost of 

11 carrying out those activities; and 

12 (2) a review by the Secretary of the regulations 

13 and guidance of the Corps of Engineers relating to 

14 criteria and methods for the equitable distribution of 

15 joint project costs across project purposes in order 

16 to ensure consistency in the calculation of the appro17 priate share of joint project costs allocable to the 

18 water supply purpose. 

19 (b) REPORT TO CONGRESS.— 

20 (1) IN GENERAL.—Not later than 1 year after 

21 the date of enactment of this Act, the Secretary 

22 shall submit to Congress a report on the findings of 

23 the reviews carried out under subsection (a)(2) and 

24 any subsequent actions taken by the Secretary relat25 ing to those reviews. 
198 

†S 601 ES

1 (2) INCLUSIONS.—The report under paragraph 

2 (1) shall include an analysis of the feasibility and 

3 costs associated with the provision by the Secretary 

4 to each non-Federal interest of not less than 1 state5 ment each year that details for each water storage 

6 agreement with non-Federal interests at Corps of 

7 Engineers projects the estimated amount of the op8 erations and maintenance costs and, as applicable, 

9 the estimated amount of the repair, rehabilitation, 

10 and replacement costs, for which the non-Federal in11 terest will be responsible in that fiscal year. 

12 (3) EXTENSION.—The Secretary may delay the 

13 submission of the report under paragraph (1) for a 

14 period not to exceed 180 days after the deadline de15 scribed in paragraph (1), subject to the condition 

16 that the Secretary submits a preliminary progress 

17 report to Congress not later than 1 year after the 

18 date of enactment of this Act. 

19 SEC. 2062. CREDITING AUTHORITY FOR FEDERALLY AU20 THORIZED NAVIGATION PROJECTS. 

21 A non-Federal interest for a navigation project may 

22 carry out operation and maintenance activities for that 

23 project subject to all applicable requirements that would 

24 apply to the Secretary carrying out such operations and 

25 maintenance, and may receive credit for the costs incurred 
199 

†S 601 ES

1 by the non-Federal interest in carrying out such activities 

2 towards that non-Federal interest’s share of construction 

3 costs for a federally authorized element of the same 

4 project or another federally authorized navigation project, 

5 except that in no instance may such credit exceed 20 per6 cent of the costs associated with construction of the gen7 eral navigation features of the project for which such cred8 it may be received pursuant to this section. 

9 SEC. 2063. RIVER BASIN COMMISSIONS. 

10 Section 5019 of the Water Resources Development 

11 Act of 2007 (121 Stat. 1201) is amended by striking sub12 section (b) and inserting the following: 

13 ‘‘(b) AUTHORIZATION TO ALLOCATE.— 

14 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

15 the Secretary shall allocate funds from the General 

16 Expenses account of the civil works program of the 

17 Army Corps of Engineers to the Susquehanna River 

18 Basin Commission, Delaware River Basin Commis19 sion, and the Interstate Commission on the Potomac 

20 River Basin to fulfill the equitable funding require21 ments of the respective interstate compacts on an 

22 annual basis and in amounts equal to the amount 

23 determined by Commission in accordance with the 

24 respective interstate compact. 
200 

†S 601 ES

1 ‘‘(2) LIMITATION.—Not more than 1.5 percent 

2 of funds from the General Expenses account of the 

3 civil works program of the Army Corps of Engineers 

4 may be allocated in carrying out paragraph (1) for 

5 any fiscal year. 

6 ‘‘(3) REPORT.—For any fiscal year in which 

7 funds are not allocated in accordance with para8 graph (1), the Secretary shall submit to the Com9 mittee on Environment and Public Works of the 

10 Senate and the Committee on Transportation and 

11 Infrastructure of the House of Representatives a re12 port that describes— 

13 ‘‘(A) the reasons why the Corps of Engi14 neers chose not to allocate funds in accordance 

15 with that paragraph; and 

16 ‘‘(B) the impact of the decision not to allo17 cate funds on water supply allocation, water 

18 quality protection, regulatory review and per19 mitting, water conservation, watershed plan20 ning, drought management, flood loss reduc21 tion, and recreation in each area of jurisdiction 

22 of the respective Commission.’’. 
201 

†S 601 ES

1 SEC. 2064. RESTRICTION ON CHARGES FOR CERTAIN SUR2 PLUS WATER. 

3 (a) IN GENERAL.—No fee for surplus water shall be 

4 charged under a contract for surplus water if the contract 

5 is for surplus water stored on the Missouri River. 

6 (b) OFFSET.—Of the amounts previously made avail7 able for ‘‘Corps of Engineers–Civil, Department of the 

8 Army, Operations and Maintenance’’ that remain unobli9 gated as of the effective date of this Act, $5,000,000 is 

10 hereby rescinded. 

11 (c) None of the funds under subsection (b) may be 

12 rescinded from amounts that were designated by the Con13 gress as an emergency requirement pursuant to the Con14 current Resolution on the Budget or the Balanced Budget 

15 and Emergency Deficit Control Act of 1985, as amended. 

16 TITLE III—PROJECT 

17 MODIFICATIONS 

18 SEC. 3001. PURPOSE. 

19 The purpose of this title is to modify existing water 

20 resource project authorizations, subject to the condition 

21 that the modifications do not affect authorized costs. 

22 SEC. 3002. CHATFIELD RESERVOIR, COLORADO. 

23 Section 116 of the Energy and Water Development 

24 and Related Agencies Appropriations Act, 2009 (123 Stat. 

25 608), is amended in the matter preceding the proviso by 
202 

†S 601 ES

1 inserting ‘‘(or a designee of the Department)’’ after ‘‘Colo2 rado Department of Natural Resources’’. 

3 SEC. 3003. MISSOURI RIVER RECOVERY IMPLEMENTATION 

4 COMMITTEE EXPENSES REIMBURSEMENT. 

5 Section 5018(b)(5) of the Water Resources Develop6 ment Act of 2007 (121 Stat. 1200) is amended by striking 

7 subparagraph (B) and inserting the following: 

8 ‘‘(B) TRAVEL EXPENSES.—Subject to the 

9 availability of funds, the Secretary may reim10 burse a member of the Committee for travel ex11 penses, including per diem in lieu of subsist12 ence, at rates authorized for an employee of a 

13 Federal agency under subchapter I of chapter 

14 57 of title 5, United States Code, while away 

15 from the home or regular place of business of 

16 the member in performance of services for the 

17 Committee.’’. 

18 SEC. 3004. HURRICANE AND STORM DAMAGE REDUCTION 

19 STUDY. 

20 With respect to the study for flood and storm damage 

21 reduction related to natural disasters to by carried out by 

22 the Secretary and authorized under the heading ‘‘INVES23 TIGATIONS’’ under title II of division A of Public Law 

24 113–2, the Secretary shall include specific project rec25 ommendations in the report developed for that study. 
203 

†S 601 ES

1 SEC. 3005. LOWER YELLOWSTONE PROJECT, MONTANA. 

2 Section 3109 of the Water Resources Development 

3 Act of 2007 (121 Stat. 1135) is amended— 

4 (1) by striking ‘‘The Secretary may’’ and in5 serting the following: 

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

7 (2) by adding at the end the following: 

8 ‘‘(b) LOCAL PARTICIPATION.—In carrying out sub9 section (a), the Secretary shall consult with, and consider 

10 the activities being carried out by— 

11 ‘‘(1) other Federal agencies; 

12 ‘‘(2) conservation districts; 

13 ‘‘(3) the Yellowstone River Conservation Dis14 trict Council; and 

15 ‘‘(4) the State of Montana.’’. 

16 SEC. 3006. PROJECT DEAUTHORIZATIONS. 

17 (a) GOOSE CREEK, SOMERSET COUNTY, MARY18 LAND.—The project for navigation, Goose Creek, Som19 erset County, Maryland, carried out pursuant to section 

20 107 of the Rivers and Harbor Act of 1960 (33 U.S.C. 

21 577), is realigned as follows: Beginning at Goose Creek 

22 Channel Geometry Centerline of the 60-foot-wide main 

23 navigational ship channel, Centerline Station No. 0+00, 

24 coordinates North 157851.80, East 1636954.70, as stated 

25 and depicted on the Condition Survey Goose Creek, Sheet 

26 1 of 1, prepared by the United States Army Corps of En-
204 

†S 601 ES

1 gineers, Baltimore District, July 2003; thence departing 

2 the aforementioned centerline traveling the following 

3 courses and distances: S. 64 degrees 49 minutes 06 sec4 onds E., 1583.82 feet to a point, on the outline of said 

5 60-foot-wide channel thence binding on said out-line the 

6 following four courses and distances: S. 63 degrees 26 

7 minutes 06 seconds E., 1460.05 feet to a point, thence; 

8 N. 50 degrees 38 minutes 26 seconds E., 973.28 feet to 

9 a point, thence; N. 26 degrees 13 minutes 09 seconds W., 

10 240.39 feet to a point on the Left Toe of the 60-foot11 wide main navigational channel at computed Centerline 

12 Station No. 42+57.54, coordinates North 157357.84, 

13 East 1640340.23. Geometry Left Toe of the 60-foot-wide 

14 main navigational ship channel, Left Toe Station No. 

15 0+00, coordinates North 157879.00, East 1636967.40, 

16 as stated and depicted on the Condition Survey Goose 

17 Creek, Sheet 1 of 1, prepared by the United States Army 

18 Corps of Engineers, Baltimore District, August 2010; 

19 thence departing the aforementioned centerline traveling 

20 the following courses and distances: S. 64 degrees 49 min21 utes 12 seconds E., 1583.91 feet to a point, on the outline 

22 of said 60-foot-wide channel thence binding on said out23 line the following eight courses and distances: S. 63 de24 grees 25 minutes 38 seconds E., 1366.25 feet to a point, 

25 thence; N. 83 degrees 36 minutes 24 seconds E., 125.85 
205 

†S 601 ES

1 feet to a point, thence; N. 50 degrees 38 minutes 26 sec2 onds E., 805.19 feet to a point, thence; N. 12 degrees 

3 12 minutes 29 seconds E., 78.33 feet to a point thence; 

4 N. 26 degrees 13 minutes 28 seconds W., 46.66 feet to 

5 a point thence; S. 63 degrees 45 minutes 41 seconds W., 

6 54.96 feet to a point thence; N. 26 degrees 13 minutes 

7 24 seconds W., 119.94 feet to a point on the Left Toe 

8 of the 60-foot-wide main navigational channel at computed 

9 Centerline Station No. 41+81.10, coordinates North 

10 157320.30, East 1640264.00. Geometry Right Toe of the 

11 60-foot-wide main navigational ship channel, Right Toe 

12 Station No. 0+00, coordinates North 157824.70, East 

13 1636941.90, as stated and depicted on the Condition Sur14 vey Goose Creek, Sheet 1 of 1, prepared by the United 

15 States Army Corps of Engineers, Baltimore District, Au16 gust 2010; thence departing the aforementioned centerline 

17 traveling the following courses and distances: S. 64 de18 grees 49 minutes 06 seconds E., 1583.82 feet to a point, 

19 on the outline of said 60-foot-wide channel thence binding 

20 on said out-line the following six courses and distances: 

21 S. 63 degrees 25 minutes 47 seconds E., 1478.79 feet to 

22 a point, thence; N. 50 degrees 38 minutes 26 seconds E., 

23 1016.69 feet to a point, thence; N. 26 degrees 14 minutes 

24 49 seconds W., 144.26 feet to a point, thence; N. 63 de25 grees 54 minutes 03 seconds E., 55.01 feet to a point 
206 

†S 601 ES

1 thence; N. 26 degrees 12 minutes 08 seconds W., 120.03 

2 feet to a point a point on the Right Toe of the 60-foot3 wide main navigational channel at computed Centerline 

4 Station No. 43+98.61, coordinates North 157395.40, 

5 East 1640416.50. 

6 (b) LOWER THOROUGHFARE, DEAL ISLAND, MARY7 LAND.—Beginning on the date of enactment of this Act, 

8 the Secretary is no longer authorized to carry out the por9 tion of the project for navigation, Lower Thoroughfare, 

10 Maryland, authorized by the Act of June 25, 1910 (36 

11 Stat. 630, chapter 382) (commonly known as the ‘‘River 

12 and Harbor Act of 1910’’), that begins at Lower Thor13 oughfare Channel Geometry Centerline of the 60-foot-wide 

14 main navigational ship channel, Centerline Station No. 

15 44+88, coordinates North 170435.62, East 1614588.93, 

16 as stated and depicted on the Condition Survey Lower 

17 Thoroughfare, Deal Island, Sheet 1 of 3, prepared by the 

18 United States Army Corps of Engineers, Baltimore Dis19 trict, August 2010; thence departing the aforementioned 

20 centerline traveling the following courses and distances: S. 

21 42 degrees 20 minutes 44 seconds W., 30.00 feet to a 

22 point, on the outline of said 60-foot-wide channel thence 

23 binding on said out-line the following four courses and dis24 tances: N. 64 degrees 08 minutes 55 seconds W., 53.85 

25 feet to a point, thence; N. 42 degrees 20 minutes 43 sec-
207 

†S 601 ES

1 onds W., 250.08 feet to a point, thence; N. 47 degrees 

2 39 minutes 03 seconds E., 20.00 feet to a point, thence; 

3 S. 42 degrees 20 minutes 44 seconds E., 300.07 feet to 

4 a point binding on the Left Toe of the 60-foot-wide main 

5 navigational channel at computed Centerline Station No. 

6 43+92.67, coordinates North 170415.41, 1614566.76; 

7 thence; continuing with the aforementioned centerline the 

8 following courses and distances: S. 42 degrees 20 minutes 

9 42 seconds W., 30.00 feet to a point, on the outline of 

10 said 60-foot-wide channel thence binding on said out-line 

11 the following four courses and distances: N. 20 degrees 

12 32 minutes 06 seconds W., 53.85 feet to a point, thence; 

13 N. 42 degrees 20 minutes 49 seconds W., 250.08 feet to 

14 a point, thence; S. 47 degrees 39 minutes 03 seconds W., 

15 20.00 feet to a point, thence; S. 42 degrees 20 minutes 

16 46 seconds E., 300.08 feet to a point binding on the Left 

17 Toe of the 60-foot-wide main navigational channel at com18 puted Centerline Station No. 43+92.67, coordinates 

19 North 170415.41, 1614566.76. 

20 (c) THOMASTON HARBOR, GEORGES RIVER, 

21 MAINE.—Beginning on the date of enactment of this Act, 

22 the Secretary is no longer authorized to carry out the por23 tion of the project for navigation, Georges River, Maine 

24 (Thomaston Harbor), authorized by the first section of the 

25 Act of June 3, 1896 (29 Stat. 215, chapter 314), and 
208 

†S 601 ES

1 modified by section 317 of the Water Resources Develop2 ment Act of 2000 (Public Law 106–541; 114 Stat. 2604), 

3 that lies northwesterly of a line commencing at point 

4 N87,220.51, E321,065.80 thence running northeasterly 

5 about 125 feet to a point N87,338.71, E321,106.46. 

6 (d) WARWICK COVE, RHODE ISLAND.—Beginning on 

7 the date of enactment of this Act, the Secretary is no 

8 longer authorized to carry out the portion of the project 

9 for navigation, Warwick Cove, Rhode Island, authorized 

10 by section 107 of the River and Harbor Act of 1960 (33 

11 U.S.C. 577) that is located within the 5 acre anchorage 

12 area east of the channel and lying east of the line begin13 ning at a point with coordinates N220,349.79, 

14 E357,664.90 thence running north 9 degrees 10 minutes 

15 21.5 seconds west 170.38 feet to a point N220,517.99, 

16 E357,637.74 thence running north 17 degrees 44 minutes 

17 30.4 seconds west 165.98 feet to a point N220,676.08, 

18 E357,587.16 thence running north 0 degrees 46 minutes 

19 0.9 seconds east 138.96 feet to a point N220,815.03, 

20 E357,589.02 thence running north 8 degrees 36 minutes 

21 22.9 seconds east 101.57 feet to a point N220,915.46, 

22 E357,604.22 thence running north 18 degrees 18 minutes 

23 27.3 seconds east 168.20 feet to a point N221,075.14, 

24 E357,657.05 thence running north 34 degrees 42 minutes 

25 7.2 seconds east 106.4 feet to a point N221,162.62, 
209 

†S 601 ES

1 E357,717.63 thence running south 29 degrees 14 minutes 

2 17.4 seconds east 26.79 feet to a point N221,139.24, 

3 E357,730.71 thence running south 30 degrees 45 minutes 

4 30.5 seconds west 230.46 feet to a point N220,941.20, 

5 E357,612.85 thence running south 10 degrees 49 minutes 

6 12.0 seconds west 95.46 feet to a point N220,847.44, 

7 E357,594.93 thence running south 9 degrees 13 minutes 

8 44.5 seconds east 491.68 feet to a point N220,362.12, 

9 E357,673.79 thence running south 35 degrees 47 minutes 

10 19.4 seconds west 15.20 feet to the point of origin. 

11 (e) CLATSOP COUNTY DIKING DISTRICT NO. 10, 

12 KARLSON ISLAND, OREGON.—Beginning on the date of 

13 enactment of this Act, the Secretary is no longer author14 ized to carry out the Diking District No. 10, Karlson Is15 land portion of the project for raising and improving exist16 ing levees in Clatsop County, Oregon, authorized by sec17 tion 5 of the Act of June 22, 1936 (33 U.S.C. 701h). 

18 (f) NUMBERG DIKE NO. 34 LEVEED AREA, CLATSOP

19 COUNTY DIKING DISTRICT NO. 13, CLATSOP COUNTY, 

20 OREGON (WALLUSKI-YOUNGS).—Beginning on the date of 

21 enactment of this Act, the Secretary is no longer author22 ized to carry out the Numberg Dike No. 34 leveed area, 

23 Clatsop County Diking District, No. 13, Walluski River 

24 and Youngs River dikes, portion of the project for raising 

25 and improving existing levees in Clatsop County, Oregon, 
210 

†S 601 ES

1 authorized by section 5 of the Act of June 22, 1936 (33 

2 U.S.C. 701h). 

3 (g) PORT OF HOOD RIVER, OREGON.— 

4 (1) EXTINGUISHMENT OF PORTIONS OF EXIST5 ING FLOWAGE EASEMENT.—With respect to the 

6 properties described in paragraph (2), beginning on 

7 the date of enactment of this Act, the flowage ease8 ment identified as Tract 1200E–6 on the Easement 

9 Deed recorded as Instrument No. 740320 is extin10 guished above elevation 79.39 feet (NGVD 29) the 

11 Ordinary High Water Line. 

12 (2) AFFECTED PROPERTIES.—The properties 

13 referred to in paragraph (1), as recorded in Hood 

14 River County, Oregon, are as follows: 

15 (A) Instrument Number 2010–1235 

16 (B) Instrument Number 2010–02366. 

17 (C) Instrument Number 2010–02367. 

18 (D) Parcel 2 of Partition Plat #2011– 

19 12P. 

20 (E) Parcel 1 of Partition Plat 2005–26P. 

21 (3) FEDERAL LIABILITIES; CULTURAL, ENVI22 RONMENTAL, AND OTHER REGULATORY REVIEWS.— 

23 (A) FEDERAL LIABILITY.—The United 

24 States shall not be liable for any injury caused 
211 

†S 601 ES

1 by the extinguishment of the easement under 

2 this subsection. 

3 (B) CULTURAL AND ENVIRONMENTAL

4 REGULATORY ACTIONS.—Nothing in this sub5 section establishes any cultural or environ6 mental regulation relating to the properties de7 scribed in paragraph (2). 

8 (4) EFFECT ON OTHER RIGHTS.—Nothing in 

9 this subsection affects any remaining right or inter10 est of the Corps of Engineers in the properties de11 scribed in paragraph (2). 

12 (h) EIGHTMILE RIVER, CONNECTICUT.— 

13 (1) The portion of the project for navigation, 

14 Eightmile River, Connecticut, authorized by the first 

15 section of the Act of June 25, 1910 (commonly 

16 known as the ‘‘River and Harbor Act of 1910’’) (36 

17 Stat. 633, chapter 382), that begins at a point of 

18 the existing 8-foot channel limit with coordinates 

19 N701002.39, E1109247.73, thence running north 2 

20 degrees 19 minutes 57.1 seconds east 265.09 feet to 

21 a point N701267.26, E1109258.52, thence running 

22 north 7 degrees 47 minutes 19.3 seconds east 

23 322.32 feet to a point N701586.60, E1109302.20, 

24 thence running north 90 degrees 0 minutes 0 sec25 onds east 65.61 to a point N701586.60, 
212 

†S 601 ES

1 E1109367.80, thence running south 7 degrees 47 

2 minutes 19.3 seconds west 328.11 feet to a point 

3 N701261.52, E1109323.34, thence running south 2 

4 degrees 19 minutes 57.1 seconds west 305.49 feet to 

5 an end at a point N700956.28, E1109310.91 on the 

6 existing 8-foot channel limit, shall be reduced to a 

7 width of 65 feet and the channel realigned to follow 

8 the deepest available water. 

9 (2) Beginning on the date of enactment of this 

10 Act, the Secretary is no longer authorized to carry 

11 out the portion of the project beginning at a point 

12 N701296.72, E1109262.55 and running north 45 

13 degrees 4 minutes 2.8 seconds west 78.09 feet to a 

14 point N701341.18, E1109217.98, thence running 

15 north 5 degrees 8 minutes 34.6 seconds east 180.14 

16 feet to a point N701520.59, E1109234.13, thence 

17 running north 54 degrees 5 minutes 50.1 seconds 

18 east 112.57 feet to a point N701568.04, 

19 E1109299.66, thence running south 7 degrees 47 

20 minutes 18.4 seconds west 292.58 feet to the point 

21 of origin; and the remaining area north of the chan22 nel realignment beginning at a point N700956.28, 

23 E1109310.91 thence running north 2 degrees 19 

24 minutes 57.1 seconds east 305.49 feet west to a 

25 point N701261.52, E1109323.34 north 7 degrees 47 
213 

†S 601 ES

1 minutes 18.4 seconds east 328.11 feet to a point 

2 N701586.60, E1109367.81 thence running north 90 

3 degrees 0 minutes 0 seconds east 7.81 feet to a 

4 point N701586.60, E1109375.62 thence running 

5 south 5 degrees 8 minutes 34.6 seconds west 626.29 

6 feet to a point N700962.83, E1109319.47 thence 

7 south 52 degrees 35 minutes 36.5 seconds 10.79 

8 feet to the point of origin. 

9 (i) BURNHAM CANAL.—Beginning on the date of en10 actment of this Act, the Secretary is no longer authorized 

11 to carry out the portion of the project for navigation, Mil12 waukee Harbor Project, Milwaukee, Wisconsin, known as 

13 the Burnham Canal, beginning at channel point #415a 

14 N381768.648, E2524554.836, a distance of about 170.58 

15 feet, thence running south 53 degrees 43 minutes 41 sec16 onds west to channel point #417 N381667.728, 

17 E2524417.311, a distance of about 35.01 feet, thence run18 ning south 34 degrees 10 minutes 40 seconds west to 

19 channel point #501 N381638.761, E2524397.639 a dis20 tance of about 139.25 feet, thence running south 34 de21 grees 10 minutes 48 seconds west to channel point #503 

22 N381523.557, E2524319.406 a distance of about 235.98 

23 feet, thence running south 32 degrees 59 minutes 13 sec24 onds west to channel point #505 N381325.615, 

25 E2524190.925 a distance of about 431.29 feet, thence 
214 

†S 601 ES

1 running south 32 degrees 36 minutes 05 seconds west to 

2 channel point #509 N380962.276, E2523958.547, a dis3 tance of about 614.52 feet, thence running south 89 de4 grees 05 minutes 00 seconds west to channel point #511 

5 N380952.445, E2523344.107, a distance of about 74.68 

6 feet, thence running north 89 degrees 04 minutes 59 sec7 onds west to channel point #512 N381027.13, 

8 E2523342.91, a distance of about 533.84 feet, thence run9 ning north 89 degrees 05 minutes 00 seconds east to chan10 nel point #510 N381035.67, E2523876.69, a distance of 

11 about 47.86 feet, thence running north 61 degrees 02 min12 utes 07 seconds east to channel point #508 N381058.84, 

13 E2523918.56, a distance of about 308.55 feet, thence run14 ning north 36 degrees 15 minutes 29 seconds east to chan15 nel point #506 N381307.65, E2524101.05, distance of 

16 about 199.98 feet, thence running north 32 degrees 59 

17 minutes 12 seconds east to channel point #504 

18 N381475.40, E2524209.93, a distance of about 195.14 

19 feet, thence running north 26 degrees 17 minutes 22 sec20 onds east to channel point #502 N381650.36, 

21 E2524296.36, a distance of about 81.82 feet, thence run22 ning north 88 degrees 51 minutes 05 seconds west to 

23 channel point #419 N381732.17, E2524294.72 a dis24 tance of about 262.65 feet, thence running north 82 de-
215 

†S 601 ES

1 grees 01 minutes 02 seconds east to channel point # 415a 

2 the point of origin. 

3 (j) WALNUT CREEK, CALIFORNIA.—Beginning on the 

4 date of enactment of this Act, the Secretary is no longer 

5 authorized to carry out the portion of the project for flood 

6 protection on Walnut Creek, California, constructed in ac7 cordance with the plan authorized by section 203 of the 

8 Flood Control Act of 1960 (Public Law 86–645; 74 Stat. 

9 488) that consists of the culvert on the San Ramon Creek 

10 constructed by the Department of the Army in 1971 that 

11 extends from Sta 4+27 to Sta 14+27. 

12 SEC. 3007. RARITAN RIVER BASIN, GREEN BROOK SUB13 BASIN, NEW JERSEY. 

14 Title I of the Energy and Water Development Appro15 priations Act, 1998 (Public Law 105–62; 111 Stat. 1327) 

16 is amended by striking section 102. 

17 SEC. 3008. RED RIVER BASIN, OKLAHOMA, TEXAS, ARKAN18 SAS, LOUISIANA. 

19 (a) IN GENERAL.—The Secretary is authorized to re20 assign unused irrigation storage within a reservoir on the 

21 Red River Basin to municipal and industrial water supply 

22 for use by a non-Federal interest if that non-Federal inter23 est has already contracted for a share of municipal and 

24 industrial water supply on the same reservoir. 
216 

†S 601 ES

1 (b) NON-FEDERAL INTEREST.—A reassignment of 

2 storage under subsection (a) shall be contingent upon the 

3 execution of an agreement between the Secretary and the 

4 applicable non-Federal interest. 

5 SEC. 3009. POINT JUDITH HARBOR OF REFUGE, RHODE IS6 LAND. 

7 The project for the Harbor of Refuge at Point Ju8 dith, Narragansett, Rhode Island, adopted by the Act of 

9 September 19, 1890 (commonly known as the ‘‘River and 

10 Harbor Act of 1890’’) (26 Stat. 426, chapter 907), House 

11 Document numbered 66, 51st Congress, 1st Session, and 

12 modified to include the west shore arm breakwater under 

13 the first section of the Act of June 25, 1910 (commonly 

14 known as the ‘‘River and Harbor Act of 1910’’) (36 Stat. 

15 632, chapter 382), is further modified to include shore 

16 protection and erosion control as project purposes. 

17 SEC. 3010. LAND CONVEYANCE OF HAMMOND BOAT BASIN, 

18 WARRENTON, OREGON. 

19 (a) DEFINITIONS.—In this section: 

20 (1) CITY.—The term ‘‘City’’ means the city of 

21 Warrenton, located in Clatsop County, Oregon. 

22 (2) MAP.—The term ‘‘map’’ means the map 

23 contained in Exhibit A of Department of the Army 

24 Lease No. DACW57–1–88–0033 (or a successor in25 strument). 
217 

†S 601 ES

1 (b) CONVEYANCE AUTHORITY.—Subject to the provi2 sions of this section, the Secretary shall convey to the City 

3 by quitclaim deed, and without consideration, all right, 

4 title, and interest of the United States in and to the parcel 

5 of land described in subsection (c). 

6 (c) DESCRIPTION OF LAND.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), the land referred to in subsection (b) is 

9 the parcel totaling approximately 59 acres located in 

10 the City, together with any improvements thereon, 

11 including the Hammond Marina (as described in the 

12 map). 

13 (2) EXCLUSION.—The land referred to in sub14 section (b) shall not include the site provided for the 

15 fisheries research support facility of the National 

16 Marine Fisheries Service. 

17 (3) AVAILABILITY OF MAP.—The map shall be 

18 on file in the Portland District Office of the Corps 

19 of Engineers. 

20 (d) TERMS AND CONDITIONS.— 

21 (1) IN GENERAL.—As a condition of the con22 veyance under subsection (b), the City shall agree in 

23 writing— 

24 (A) that the City and any successor or as25 sign of the City will release and indemnify the 
218 

†S 601 ES

1 United States from any claims or liabilities that 

2 may arise from or through the operations of the 

3 land conveyed by the United States; and 

4 (B) to pay any cost associated with the 

5 conveyance under subsection (b). 

6 (2) ADDITIONAL TERMS AND CONDITIONS.— 

7 The Secretary may impose such additional terms, 

8 conditions, and requirements on the conveyance 

9 under subsection (b) as the Secretary considers ap10 propriate to protect the interest of the United 

11 States, including the requirement that the City as12 sume full responsibility for operating and maintain13 ing the channel and the breakwater. 

14 (e) REVERSION.—If the Secretary determines that 

15 the land conveyed under this section ceases to be owned 

16 by the public, all right, title, and interest in and to the 

17 land shall, at the discretion of the Secretary, revert to the 

18 United States. 

19 (f) DEAUTHORIZATION.—After the land is conveyed 

20 under this section, the land shall no longer be a portion 

21 of the project for navigation, Hammond Small Boat 

22 Basin, Oregon, authorized by section 107 of the Rivers 

23 and Harbor Act of 1960 (33 U.S.C. 577). 
219 

†S 601 ES

1 SEC. 3011. METRO EAST FLOOD RISK MANAGEMENT PRO2 GRAM, ILLINOIS. 

3 (a) IN GENERAL.—The following projects shall con4 stitute a program, to be known as the ‘‘Metro East Flood 

5 Risk Management Program, Illinois’’: 

6 (1) Prairie du Pont Drainage and Levee Dis7 trict and Fish Lake Drainage and Levee District, Il8 linois, authorized by— 

9 (A) section 5 of the Act of June 22, 1936 

10 (33 U.S.C. 701h); and 

11 (B) section 5070 of the Water Resources 

12 Development Act of 2007 (Public Law 110– 

13 114; 121 Stat. 1220). 

14 (2) East St. Louis, Illinois, authorized by— 

15 (A) section 5 of the Act of June 22, 1936 

16 (33 U.S.C. 701h); and 

17 (B) Energy and Water Development Ap18 propriation Act, 1988 (Public Law 100–202; 

19 101 Stat. 1329–104). 

20 (3) Wood River Drainage and Levee District, 

21 Illinois, authorized by— 

22 (A) section 4 of the Act entitled ‘‘An Act 

23 authorizing the construction of certain public 

24 works on rivers and harbors for flood control, 

25 and for other purposes’’, approved June 28, 

26 1938 (52 Stat. 1218); and 
220 

†S 601 ES

1 (B) section 1001(20) of the Water Re2 sources Development Act of 2007 (Public Law 

3 110–114; 121 Stat. 1053). 

4 SEC. 3012. FLORIDA KEYS WATER QUALITY IMPROVE5 MENTS. 

6 Section 109 of title I of division B of the Miscella7 neous Appropriations Act, 2001 (114 Stat. 2763A–221, 

8 121 Stat. 1217) is amended— 

9 (1) in subsection (a), by inserting ‘‘and unin10 corporated communities’’ after ‘‘municipalities’’; and 

11 (2) by redesignating subsection (f) as sub12 section (g); and 

13 (3) by inserting after subsection (e) the fol14 lowing: 

15 ‘‘(f) PRIORITY.—In providing assistance under this 

16 section, the Secretary shall give priority to projects spon17 sored by— 

18 ‘‘(1) the State of Florida; 

19 ‘‘(2) Monroe County, Florida; and 

20 ‘‘(3) incorporated communities in Monroe 

21 County, Florida.’’. 

22 SEC. 3013. DES MOINES RECREATIONAL RIVER AND GREEN23 BELT, IOWA. 

24 The boundaries for the project referred to as the Des 

25 Moines Recreational River and Greenbelt, Iowa under the 
221 

†S 601 ES

1 heading ‘‘CORPS OF ENGINEERS—CIVIL’’ under the head2 ing ‘‘DEPARTMENT OF THE ARMY’’ under the heading 

3 ‘‘DEPARTMENT OF DEFENSE—CIVIL’’ in chapter 

4 IV of title I of the Supplemental Appropriations Act, 1985 

5 (Public Law 99–88, 99 Stat. 313) are revised to include 

6 the entirety of sections 19 and 29, situated in T89N, 

7 R28W. 

8 SEC. 3014. LAND CONVEYANCE, CRANEY ISLAND DREDGED 

9 MATERIAL MANAGEMENT AREA, PORTS10 MOUTH, VIRGINIA. 

11 (a) IN GENERAL.—Subject to the conditions de12 scribed in this section, the Secretary may convey to the 

13 Commonwealth of Virginia, by quitclaim deed and without 

14 consideration, all right, title, and interest of the United 

15 States in and to 2 parcels of land situated within the 

16 project for navigation, Craney Island Eastward Expan17 sion, Norfolk Harbor and Channels, Hampton Roads, Vir18 ginia, authorized by section 1001(45) of the Water Re19 sources Development Act of 2007 (Pub. L. 110–114; 121 

20 Stat. 1057), together with any improvements thereon. 

21 (b) LANDS TO BE CONVEYED.— 

22 (1) IN GENERAL.—The 2 parcels of land to be 

23 conveyed under this section include a parcel con24 sisting of approximately 307.82 acres of land and a 

25 parcel consisting of approximately 13.33 acres of 
222 

†S 601 ES

1 land, both located along the eastern side of the 

2 Craney Island Dredged Material Management Area 

3 in Portsmouth, Virginia. 

4 (2) USE.—The 2 parcels of land described in 

5 paragraph (1) may be used by the Commonwealth of 

6 Virginia exclusively for the purpose of port expan7 sion, including the provision of road and rail access 

8 and the construction of a shipping container ter9 minal. 

10 (c) TERMS AND CONDITIONS.—Land conveyed under 

11 this section shall be subject to— 

12 (1) a reversionary interest in the United States 

13 if the land— 

14 (A) ceases to be held in public ownership; 

15 or 

16 (B) is used for any purpose that is incon17 sistent with subsection (b); and 

18 (2) such other terms, conditions, reservations, 

19 and restrictions that the Secretary determines to be 

20 necessary and appropriate to protect the interests of 

21 the United States. 

22 (d) LEGAL DESCRIPTION.—The exact acreage and 

23 legal description of land to be conveyed under this section 

24 shall be determined by a survey that is satisfactory to the 

25 Secretary. 
223 

†S 601 ES

1 (e) CONVEYANCE COSTS.—The Commonwealth of 

2 Virginia shall be responsible for all costs associated with 

3 the conveyance authorized by this section, including the 

4 cost of the survey required under subsection (d) and other 

5 administrative costs. 

6 SEC. 3015. LOS ANGELES COUNTY DRAINAGE AREA, CALI7 FORNIA. 

8 The project for flood control, Los Angeles County 

9 Drainage Area, California, authorized by section 101(b) 

10 of the Water Resources Development Act of 1990 (Pub. 

11 L. 101–640; 104 Stat. 4611), as modified, is further 

12 modified to authorize the Secretary to include, as a part 

13 of the project, measures for flood risk reduction, eco14 system restoration, and recreation in the Compton Creek 

15 watershed. 

16 SEC. 3016. OAKLAND INNER HARBOR TIDAL CANAL, CALI17 FORNIA. 

18 Section 3182(b)(1) of the Water Resources Develop19 ment Act of 2007 (Public Law 110–114; 121 Stat. 1165) 

20 is amended— 

21 (1) in subparagraph (A), by inserting ‘‘, or to 

22 a multicounty public entity that is eligible to hold 

23 title to real property’’ after ‘‘To the city of Oak24 land’’; and 
224 

†S 601 ES

1 (2) by inserting ‘‘multicounty public entity or 

2 other’’ before ‘‘public entity’’. 

3 SEC. 3017. REDESIGNATION OF LOWER MISSISSIPPI RIVER 

4 MUSEUM AND RIVERFRONT INTERPRETIVE 

5 SITE. 

6 (a) IN GENERAL.—Section 103(c)(1) of the Water 

7 Resources Development Act of 1992 (106 Stat. 4811) is 

8 amended by striking ‘‘Lower Mississippi River Museum 

9 and Riverfront Interpretive Site’’ and inserting ‘‘Jesse 

10 Brent Lower Mississippi River Museum and Riverfront In11 terpretive Site’’. 

12 (b) REFERENCES.—Any reference in a law, map, reg13 ulation, document, paper, or other record of the United 

14 States to the museum and interpretive site referred to in 

15 subsection (a) shall be deemed to be a reference to the 

16 ‘‘Jesse Brent Lower Mississippi River Museum and River17 front Interpretive Site’’. 

18 SEC. 3018. LOUISIANA COASTAL AREA. 

19 (a) INTERIM ADOPTION OF COMPREHENSIVE COAST20 AL MASTER PLAN.— 

21 (1) IN GENERAL.—Section 7002 of the Water 

22 Resources Development Act of 2007 (Public Law 

23 110–114; 121 Stat. 1270) is amended— 
225 

†S 601 ES

1 (A) by redesignating subsections (d) 

2 through (f) as subsections (e) through (g), re3 spectively; 

4 (B) by inserting after subsection (c) the 

5 following: 

6 ‘‘(d) INTERIM ADOPTION OF COMPREHENSIVE MAS7 TER PLAN.—Prior to completion of the comprehensive 

8 plan described under subsection (a), the Secretary shall 

9 adopt the plan of the State of Louisiana entitled ‘Louisi10 ana’s Comprehensive Master Plan for a Sustainable Coast’ 

11 in effect on the date of enactment of the Water Resources 

12 Development Act of 2013 (and subsequent plans), author13 ized and defined pursuant to Act 8 of the First Extraor14 dinary Session of the Louisiana State Legislature, 2005, 

15 for protecting, preserving, and restoring the coastal Lou16 isiana ecosystem until implementation of the comprehen17 sive plan is complete.’’; and 

18 (C) in subsection (g)(1) (as so redesig19 nated), by striking ‘‘1 year’’ and inserting ‘‘10 

20 years’’. 

21 (2) CONFORMING AMENDMENT.—Subsection (f) 

22 (as so redesignated) is amended by striking ‘‘sub23 section (d)(1)’’ and inserting ‘‘subsection (e)(1)’’. 
226 

†S 601 ES

1 (b) Section 7006 of the Water Resources Develop2 ment Act of 2007 (Public Law 110–114; 121 Stat. 1274) 

3 is amended— 

4 (1) in subsection (a)(2)— 

5 (A) by redesignating subparagraphs (C) 

6 and (D) as subparagraphs (D) and (E), respec7 tively; and 

8 (B) by inserting after subparagraph (B) 

9 the following: 

10 ‘‘(C) to examine a system-wide approach to 

11 coastal sustainability, including— 

12 ‘‘(i) flood and storm damage protec13 tion; 

14 ‘‘(ii) coastal restoration; and 

15 ‘‘(iii) the elevation of public and pri16 vate infrastructure;’’; and 

17 (2) in subsection (c)(1)(E), by striking ‘‘at 

18 Myrtle Grove’’ and inserting ‘‘in the vicinity of Myr19 tle Grove’’. 

20 (c) EFFECT.— 

21 (1) IN GENERAL.—Nothing in this section or an 

22 amendment made by this section authorizes the con23 struction of a project or program associated with a 

24 storm surge barrier across the Lake Pontchartrain 

25 land bridge (including Chef Menteur Pass and the 
227 

†S 601 ES

1 Rigolets) that would result in unmitigated induced 

2 flooding in coastal communities within the State of 

3 Mississippi. 

4 (2) REQUIRED CONSULTATION.—Any study to 

5 advance a project described in paragraph (1) that is 

6 conducted using funds from the General Investiga7 tions Account of the Corps of Engineers shall in8 clude consultation and approval of the Governors of 

9 the States of Louisiana and Mississippi. 

10 SEC. 3019. FOUR MILE RUN, CITY OF ALEXANDRIA AND AR11 LINGTON COUNTY, VIRGINIA. 

12 Section 84(a)(1) of the Water Resources Develop13 ment Act of 1974 (Public Law 93–251; 88 Stat. 35) is 

14 amended by striking ‘‘twenty-seven thousand cubic feet 

15 per second’’ and inserting ‘‘18,000 cubic feet per second’’. 

16 SEC. 3020. EAST FORK OF TRINITY RIVER, TEXAS. 

17 The portion of the project for flood protection on the 

18 East Fork of the Trinity River, Texas, authorized by sec19 tion 203 of the Flood Control Act of 1962 (76 Stat. 1185), 

20 that consists of the 2 levees identified as ‘‘Kaufman Coun21 ty Levees K5E and K5W’’ shall no longer be authorized 

22 as a part of the Federal project as of the date of enact23 ment of this Act. 
228 

†S 601 ES

1 SEC. 3021. SEWARD WATERFRONT, SEWARD, ALASKA. 

2 (a) IN GENERAL.—The parcel of land included in the 

3 Seward Harbor, Alaska navigation project identified as 

4 Tract H, Seward Original Townsite, Waterfront Park 

5 Replat, Plat No 2012–4, Seward Recording District, shall 

6 not be subject to the navigation servitude (as of the date 

7 of enactment of this Act). 

8 (b) ENTRY BY FEDERAL GOVERNMENT.—The Fed9 eral Government may enter upon any portion of the land 

10 referred to in subsection (a) to carry out any required op11 eration and maintenance of the general navigation fea12 tures of the project. 

13 TITLE IV—WATER RESOURCE 

14 STUDIES 

15 SEC. 4001. PURPOSE. 

16 The purpose of this title is to authorize the Secretary 

17 to study and recommend solutions for water resource 

18 issues relating to flood risk and storm damage reduction, 

19 navigation, and aquatic ecosystem restoration. 

20 SEC. 4002. INITIATION OF NEW WATER RESOURCES STUD21 IES. 

22 (a) IN GENERAL.—Subject to subsections (b), (c), 

23 and (d), the Secretary may initiate a study— 

24 (1) to determine the feasibility of carrying out 

25 1 or more projects for flood risk management, storm 
229 

†S 601 ES

1 damage reduction, aquatic ecosystem restoration, 

2 navigation, hydropower, or related purposes; or 

3 (2) to carry out watershed and river basin as4 sessments in accordance with section 729 of the 

5 Water Resources Development Act of 1986 (33 

6 U.S.C. 2267a). 

7 (b) CRITERIA.—The Secretary may only initiate a 

8 study under subsection (a) if— 

9 (1) the study— 

10 (A) has been requested by an eligible non11 Federal interest; 

12 (B) is for an area that is likely to include 

13 a project with a Federal interest; and 

14 (C) addresses a high-priority water re15 source issue necessary for the protection of 

16 human life and property, the environment, or 

17 the national security interests of the United 

18 States; and 

19 (2) the non-Federal interest has dem20 onstrated— 

21 (A) that local support exists for addressing 

22 the water resource issue; and 

23 (B) the financial ability to provide the re24 quired non-Federal cost-share. 

25 (c) CONGRESSIONAL APPROVAL.— 
230 

†S 601 ES

1 (1) SUBMISSION TO CONGRESS.—Prior to initi2 ating a study under subsection (a), the Secretary 

3 shall submit to the Committees on Environment and 

4 Public Works and Appropriations of the Senate and 

5 the Committees on Transportation and Infrastruc6 ture and Appropriations of the House— 

7 (A) a description of the study, including 

8 the geographical area addressed by the study; 

9 (B) a description of how the study meets 

10 each of the requirements of subsection (b); and 

11 (C) a certification that the proposed study 

12 can be completed within 3 years and for a Fed13 eral cost of not more than $3,000,000. 

14 (2) EXPENDITURE OF FUNDS.—No funds may 

15 be spent on a study initiated under subsection (a) 

16 unless— 

17 (A) the required information is submitted 

18 to Congress under paragraph (1); and 

19 (B) after such submission, amounts are 

20 appropriated to initiate the study in an appro21 priations or other Act. 

22 (3) ADDITIONAL NOTIFICATION.—The Sec23 retary shall notify each Senator or Member of Con24 gress with a State or congressional district in the 

25 study area described in paragraph (1)(A). 
231 

†S 601 ES

1 (d) LIMITATIONS.— 

2 (1) IN GENERAL.—Subsection (a) shall not 

3 apply to a project for which a study has been au4 thorized prior to the date of enactment of this Act. 

5 (2) NEW STUDIES.—In each fiscal year, the 

6 Secretary may initiate not more than— 

7 (A) 3 new studies in each of the primary 

8 mission areas of the Corps of Engineers; and 

9 (B) 3 new studies from any 1 division of 

10 the Corps of Engineers. 

11 (e) TERMINATION.—The authority under subsection 

12 (a) expires on the date that is 3 years after the date of 

13 enactment of this Act. 

14 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to the Secretary to carry 

16 out this section $25,000,000 for each of fiscal years 2014 

17 through 2017. 

18 SEC. 4003. APPLICABILITY. 

19 (a) IN GENERAL.—Nothing in this title authorizes 

20 the construction of a water resources project. 

21 (b) NEW AUTHORIZATION REQUIRED.—New author22 ization from Congress is required before any project evalu23 ated in a study under this title is constructed. 
232 

†S 601 ES

1 TITLE V—REGIONAL AND 

2 NONPROJECT PROVISIONS 

3 SEC. 5001. PURPOSE. 

4 The purpose of this title is to authorize regional, 

5 multistate authorities to address water resource needs and 

6 other non-project provisions. 

7 SEC. 5002. NORTHEAST COASTAL REGION ECOSYSTEM RES8 TORATION. 

9 (a) IN GENERAL.—The Secretary shall plan, design, 

10 and construct projects for aquatic ecosystem restoration 

11 within the coastal waters of the Northeastern United 

12 States from the State of Virginia to the State of Maine, 

13 including associated bays, estuaries, and critical riverine 

14 areas. 

15 (b) GENERAL COASTAL MANAGEMENT PLAN.— 

16 (1) ASSESSMENT.—The Secretary, in coordina17 tion with the Administrator of the Environmental 

18 Protection Agency, the heads of other appropriate 

19 Federal agencies, the Governors of the coastal 

20 States from Virginia to Maine, nonprofit organiza21 tions, and other interested parties, shall assess the 

22 needs regarding, and opportunities for, aquatic eco23 system restoration within the coastal waters of the 

24 Northeastern United States. 
233 

†S 601 ES

1 (2) PLAN.—The Secretary shall develop a gen2 eral coastal management plan based on the assess3 ment carried out under paragraph (1), maximizing 

4 the use of existing plans and investigation, which 

5 plan shall include— 

6 (A) an inventory and evaluation of coastal 

7 habitats; 

8 (B) identification of aquatic resources in 

9 need of improvement; 

10 (C) identification and prioritization of po11 tential aquatic habitat restoration projects; and 

12 (D) identification of geographical and eco13 logical areas of concern, including— 

14 (i) finfish habitats; 

15 (ii) diadromous fisheries migratory 

16 corridors; 

17 (iii) shellfish habitats; 

18 (iv) submerged aquatic vegetation; 

19 (v) wetland; and 

20 (vi) beach dune complexes and other 

21 similar habitats. 

22 (c) ELIGIBLE PROJECTS.—The Secretary may carry 

23 out an aquatic ecosystem restoration project under this 

24 section if the project— 
234 

†S 601 ES

1 (1) is consistent with the management plan de2 veloped under subsection (b); and 

3 (2) provides for— 

4 (A) the restoration of degraded aquatic 

5 habitat (including coastal, saltmarsh, benthic, 

6 and riverine habitat); 

7 (B) the restoration of geographical or eco8 logical areas of concern, including the restora9 tion of natural river and stream characteristics; 

10 (C) the improvement of water quality; or 

11 (D) other projects or activities determined 

12 to be appropriate by the Secretary. 

13 (d) COST SHARING.— 

14 (1) MANAGEMENT PLAN.—The management 

15 plan developed under subsection (b) shall be com16 pleted at Federal expense. 

17 (2) RESTORATION PROJECTS.—The non-Fed18 eral share of the cost of a project carried out under 

19 this section shall be 35 percent. 

20 (e) COST LIMITATION.—Not more than $10,000,000 

21 in Federal funds may be allocated under this section for 

22 an eligible project. 

23 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to carry out this section (in-
235 

†S 601 ES

1 cluding funds for the completion of the management plan) 

2 $25,000,000 for each of fiscal years 2014 through 2023. 

3 SEC. 5003. CHESAPEAKE BAY ENVIRONMENTAL RESTORA4 TION AND PROTECTION PROGRAM. 

5 Section 510 of the Water Resources Development Act 

6 of 1996 (Public Law 104–303; 110 Stat. 3759; 121 Stat. 

7 1202) is amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (1)— 

10 (i) by striking ‘‘pilot program’’ and 

11 inserting ‘‘program’’; and 

12 (ii) by inserting ‘‘in the basin States 

13 described in subsection (f) and the District 

14 of Columbia’’ after ‘‘interests’’; and 

15 (B) by striking paragraph (2) and insert16 ing the following: 

17 ‘‘(2) FORM.—The assistance under paragraph 

18 (1) shall be in the form of design and construction 

19 assistance for water-related resource protection and 

20 restoration projects affecting the Chesapeake Bay 

21 estuary, based on the comprehensive plan under sub22 section (b), including projects for— 

23 ‘‘(A) sediment and erosion control; 

24 ‘‘(B) protection of eroding shorelines; 
236 

†S 601 ES

1 ‘‘(C) ecosystem restoration, including res2 toration of submerged aquatic vegetation; 

3 ‘‘(D) protection of essential public works; 

4 ‘‘(E) beneficial uses of dredged material; 

5 and 

6 ‘‘(F) other related projects that may en7 hance the living resources of the estuary.’’; 

8 (2) by striking subsection (b) and inserting the 

9 following: 

10 ‘‘(b) COMPREHENSIVE PLAN.— 

11 ‘‘(1) IN GENERAL.—Not later than 2 years 

12 after the date of enactment of the Water Resources 

13 Development Act of 2013, the Secretary, in coopera14 tion with State and local governmental officials and 

15 affected stakeholders, shall develop a comprehensive 

16 Chesapeake Bay restoration plan to guide the imple17 mentation of projects under subsection (a)(2). 

18 ‘‘(2) COORDINATION.—The restoration plan de19 scribed in paragraph (1) shall, to the maximum ex20 tent practicable, consider and avoid duplication of 

21 any ongoing or planned actions of other Federal, 

22 State, and local agencies and nongovernmental orga23 nizations. 

24 ‘‘(3) PRIORITIZATION.—The restoration plan 

25 described in paragraph (1) shall give priority to 
237 

†S 601 ES

1 projects eligible under subsection (a)(2) that will 

2 also improve water quality or quantity or use nat3 ural hydrological features and systems. 

4 ‘‘(4) ADMINISTRATION.—The Federal share of 

5 the costs of carrying out paragraph (1) shall be 75 

6 percent.’’; 

7 (3) in subsection (c)— 

8 (A) in paragraph (1), by striking ‘‘to pro9 vide’’ and all that follows through the period at 

10 the end and inserting ‘‘for the design and con11 struction of a project carried out pursuant to 

12 the comprehensive Chesapeake Bay restoration 

13 plan described in subsection (b).’’; 

14 (B) in paragraph (2)(A), by striking ‘‘fa15 cilities or resource protection and development 

16 plan’’ and inserting ‘‘resource protection and 

17 restoration plan’’; and 

18 (C) by adding at the end the following: 

19 ‘‘(3) PROJECTS ON FEDERAL LAND.—A project 

20 carried out pursuant to the comprehensive Chesa21 peake Bay restoration plan described in subsection 

22 (b) that is located on Federal land shall be carried 

23 out at the expense of the Federal agency that owns 

24 the land on which the project will be a carried out. 
238 

†S 601 ES

1 ‘‘(4) NON-FEDERAL CONTRIBUTIONS.—A Fed2 eral agency carrying out a project described in para3 graph (3) may accept contributions of funds from 

4 non-Federal entities to carry out that project.’’; 

5 (4) by striking subsection (e) and inserting the 

6 following: 

7 ‘‘(e) COOPERATION.—In carrying out this section, the 

8 Secretary shall cooperate with— 

9 ‘‘(1) the heads of appropriate Federal agencies, 

10 including— 

11 ‘‘(A) the Administrator of the Environ12 mental Protection Agency; 

13 ‘‘(B) the Secretary of Commerce, acting 

14 through the Administrator of the National 

15 Oceanographic and Atmospheric Administra16 tion; 

17 ‘‘(C) the Secretary of the Interior, acting 

18 through the Director of the United States Fish 

19 and Wildlife Service; and 

20 ‘‘(D) the heads of such other Federal 

21 agencies as the Secretary determines to be ap22 propriate; and 

23 ‘‘(2) agencies of a State or political subdivision 

24 of a State, including the Chesapeake Bay Commis25 sion.’’; 
239 

†S 601 ES

1 (5) by striking subsection (f) and inserting the 

2 following: 

3 ‘‘(f) PROJECTS.—The Secretary shall establish, to 

4 the maximum extent practicable, at least 1 project under 

5 this section in— 

6 ‘‘(1) regions within the Chesapeake Bay water7 shed of each of the basin States of Delaware, Mary8 land, New York, Pennsylvania, Virginia, and West 

9 Virginia; and 

10 ‘‘(2) the District of Columbia.’’; 

11 (6) by striking subsection (h); and 

12 (7) by redesignating subsection (i) as subsection 

13 (h). 

14 SEC. 5004. RIO GRANDE ENVIRONMENTAL MANAGEMENT 

15 PROGRAM, COLORADO, NEW MEXICO, TEXAS. 

16 Section 5056 of the Water Resources Development 

17 Act of 2007 (121 Stat. 1213) is amended— 

18 (1) in subsection (b)(2)— 

19 (A) in the matter preceding subparagraph 

20 (A), by striking ‘‘2008’’ and inserting ‘‘2014’’; 

21 and 

22 (B) in subparagraph (C), by inserting 

23 ‘‘and an assessment of needs for other related 

24 purposes in the Rio Grande Basin, including 

25 flood damage reduction’’ after ‘‘assessment’’; 
240 

†S 601 ES

1 (2) in subsection (c)(2)— 

2 (A) by striking ‘‘an interagency agreement 

3 with’’ and inserting ‘‘1 or more interagency 

4 agreements with the Secretary of State and’’; 

5 and 

6 (B) by inserting ‘‘or the U.S. Section of 

7 the International Boundary and Water Com8 mission’’ after ‘‘the Department of the Inte9 rior’’; and 

10 (3) in subsection (f), by striking ‘‘2011’’ and 

11 inserting ‘‘2024’’. 

12 SEC. 5005. LOWER COLUMBIA RIVER AND TILLAMOOK BAY 

13 ECOSYSTEM RESTORATION, OREGON AND 

14 WASHINGTON. 

15 Section 536(g) of the Water Resources Development 

16 Act of 2000 (114 Stat. 2661) is amended by striking 

17 ‘‘$30,000,000’’ and inserting ‘‘$75,000,000’’. 

18 SEC. 5006. ARKANSAS RIVER, ARKANSAS AND OKLAHOMA. 

19 (a) PROJECT GOAL.—The goal for operation of the 

20 McClellan-Kerr Arkansas River navigation system, Arkan21 sas and Oklahoma, shall be to maximize the use of the 

22 system in a balanced approach that incorporates advice 

23 from representatives from all project purposes to ensure 

24 that the full value of the system is realized by the United 

25 States. 
241 

†S 601 ES

1 (b) MCCLELLAN-KERR ARKANSAS RIVER NAVIGA2 TION SYSTEM ADVISORY COMMITTEE.— 

3 (1) IN GENERAL.—In accordance with the Fed4 eral Advisory Committee Act (5 U.S.C. App.), the 

5 Secretary shall establish an advisory committee for 

6 the McClellan-Kerr Arkansas River navigation sys7 tem, Arkansas and Oklahoma, project authorized by 

8 the Act of July 24, 1946 (60 Stat. 635, chapter 

9 595). 

10 (2) DUTIES.—The advisory committee shall— 

11 (A) serve in an advisory capacity only; and 

12 (B) provide information and recommenda13 tions to the Corps of Engineers relating to the 

14 efficiency, reliability, and availability of the op15 erations of the McClellan-Kerr Arkansas River 

16 navigation system. 

17 (3) SELECTION AND COMPOSITION.—The advi18 sory committee shall be— 

19 (A) selected jointly by the Little Rock dis20 trict engineer and the Tulsa district engineer; 

21 and 

22 (B) composed of members that equally rep23 resent the McClellan-Kerr Arkansas River navi24 gation system project purposes. 
242 

†S 601 ES

1 (4) AGENCY RESOURCES.—The Little Rock dis2 trict and the Tulsa district of the Corps of Engi3 neers, under the supervision of the southwestern di4 vision, shall jointly provide the advisory committee 

5 with adequate staff assistance, facilities, and re6 sources. 

7 (5) TERMINATION.— 

8 (A) IN GENERAL.—Subject to subpara9 graph (B), the advisory committee shall termi10 nate on the date on which the Secretary sub11 mits a report to Congress demonstrating in12 creases in the efficiency, reliability, and avail13 ability of the McClellan-Kerr Arkansas River 

14 navigation system. 

15 (B) RESTRICTION.—The advisory com16 mittee shall terminate not less than 2 calendar 

17 years after the date on which the advisory com18 mittee is established. 

19 SEC. 5007. AQUATIC INVASIVE SPECIES PREVENTION AND 

20 MANAGEMENT; COLUMBIA RIVER BASIN. 

21 (a) IN GENERAL.—The Secretary may establish a 

22 program to prevent and manage aquatic invasive species 

23 in the Columbia River Basin in the States of Idaho, Mon24 tana, Oregon, and Washington. 

25 (b) WATERCRAFT INSPECTION STATIONS.— 
243 

†S 601 ES

1 (1) IN GENERAL.—In carrying out this section, 

2 the Secretary shall establish watercraft inspection 

3 stations in the Columbia River Basin to be located 

4 in the States of Idaho, Montana, Oregon, and Wash5 ington at locations, as determined by the Secretary, 

6 with the highest likelihood of preventing the spread 

7 of aquatic invasive species into reservoirs operated 

8 and maintained by the Secretary. 

9 (2) INCLUSIONS.—Locations identified under 

10 paragraph (1) may include— 

11 (A) State border crossings; 

12 (B) international border crossings; and 

13 (C) highway entry points that are used by 

14 owners of watercraft to access boat launch fa15 cilities owned or managed by the Secretary. 

16 (3) COST-SHARE.—The non-Federal share of 

17 the cost of operating and maintaining watercraft in18 spection stations described in paragraph (1) (includ19 ing personnel costs) shall be 50 percent. 

20 (4) OTHER INSPECTION SITES.—The Secretary 

21 may establish watercraft inspection stations using 

22 amounts made available to carry out this section in 

23 States other than those described in paragraph (1) 

24 at or near boat launch facilities that the Secretary 
244 

†S 601 ES

1 determines are regularly used by watercraft to enter 

2 the States described in paragraph (1). 

3 (c) MONITORING AND CONTINGENCY PLANNING.— 

4 The Secretary shall— 

5 (1) carry out risk assessments of each major 

6 public and private water resources facility in the Co7 lumbia River Basin; 

8 (2) establish an aquatic invasive species moni9 toring program in the Columbia River Basin; 

10 (3) establish a Columbia River Basin water11 shed-wide plan for expedited response to an infesta12 tion of aquatic invasive species; and 

13 (4) monitor water quality, including sediment 

14 cores and fish tissue samples, at facilities owned or 

15 managed by the Secretary in the Columbia River 

16 Basin. 

17 (d) COORDINATION.—In carrying out this section, the 

18 Secretary shall consult and coordinate with— 

19 (1) the States described in subsection (a); 

20 (2) Indian tribes; and 

21 (3) other Federal agencies, including— 

22 (A) the Department of Agriculture; 

23 (B) the Department of Energy; 

24 (C) the Department of Homeland Security; 

25 (D) the Department of Commerce; and 
245 

†S 601 ES

1 (E) the Department of the Interior. 

2 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

3 authorized to be appropriated to the Secretary to carry 

4 out this section $30,000,000, of which $5,000,000 may 

5 be used to carry out subsection (c). 

6 SEC. 5008. UPPER MISSOURI BASIN FLOOD AND DROUGHT 

7 MONITORING. 

8 (a) IN GENERAL.—The Secretary, in coordination 

9 with the Administrator of the National Oceanic and At10 mospheric Administration, the Chief of the Natural Re11 sources Conservation Service, the Director of the United 

12 States Geological Survey, and the Commissioner of the 

13 Bureau of Reclamation, shall establish a program to pro14 vide for— 

15 (1) soil moisture and snowpack monitoring in 

16 the Upper Missouri River Basin to reduce flood risk 

17 and improve river and water resource management 

18 in the Upper Missouri River Basin, as outlined in 

19 the February 2013 report entitled ‘‘Upper Missouri 

20 Basin Monitoring Committee—Snow Sampling and 

21 Instrumentation Recommendations’’; 

22 (2) restoring and maintaining existing mid- and 

23 high-elevation snowpack monitoring sites operated 

24 under the SNOTEL program of the Natural Re25 sources Conservation Service; and 
246 

†S 601 ES

1 (3) operating streamflow gages and related in2 terpretive studies in the Upper Missouri River Basin 

3 under the cooperative water program and the na4 tional streamflow information program of the United 

5 States Geological Service. 

6 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to the Secretary to carry 

8 out this section $11,250,000. 

9 (c) USE OF FUNDS.—Amounts made available to the 

10 Secretary under this section shall be used to complement 

11 other related activities of Federal agencies that are carried 

12 out within the Missouri River Basin. 

13 (d) REPORT.—Not later than 1 year after the date 

14 of enactment of this Act, the Comptroller General of the 

15 United States, in consultation with the Secretary, shall 

16 submit to the Committee on Environment and Public 

17 Works of the Senate and the Committee on Transpor18 tation and Infrastructure of the House of Representatives 

19 a report that— 

20 (1) identifies progress made by the Secretary 

21 and other Federal agencies to implement the rec22 ommendations contained in the report described in 

23 subsection (a)(1) with respect to enhancing soil 

24 moisture and snowpack monitoring in the Upper 

25 Missouri Basin; and 
247 

†S 601 ES

1 (2) includes recommendations to enhance soil 

2 moisture and snowpack monitoring in the Upper 

3 Missouri Basin. 

4 SEC. 5009. UPPER MISSOURI BASIN SHORELINE EROSION 

5 PREVENTION. 

6 (a) IN GENERAL.— 

7 (1) AUTHORIZATION OF ASSISTANCE.—The 

8 Secretary may provide planning, design, and con9 struction assistance to not more than 3 federally-rec10 ognized Indian tribes in the Upper Missouri River 

11 Basin to undertake measures to address shoreline 

12 erosion that is jeopardizing existing infrastructure 

13 resulting from operation of a reservoir constructed 

14 under the Pick-Sloan Missouri River Basin Program 

15 (authorized by section 9 of the Act of December 22, 

16 1944 (commonly known as the ‘‘Flood Control Act 

17 of 1944’’) (58 Stat. 891, chapter 665)). 

18 (2) LIMITATION.—The projects described in 

19 paragraph (1) shall be economically justified, tech20 nically feasible, and environmentally acceptable. 

21 (b) FEDERAL AND NON-FEDERAL COST SHARE.— 

22 (1) IN GENERAL.—Subject to paragraph (2), 

23 the Federal share of the costs of carrying out this 

24 section shall be not less than 75 percent. 
248 

†S 601 ES

1 (2) ABILITY TO PAY.—The Secretary may ad2 just the Federal and non-Federal shares of the costs 

3 of carrying out this section in accordance with the 

4 terms and conditions of section 103(m) of the Water 

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

6 2213(m)). 

7 (c) CONDITIONS.—The Secretary may provide the as8 sistance described in subsection (a) only after— 

9 (1) consultation with the Department of the In10 terior; and 

11 (2) execution by the Indian tribe of a memo12 randum of agreement with the Secretary that speci13 fies that the tribe shall— 

14 (A) be responsible for— 

15 (i) all operation and maintenance ac16 tivities required to ensure the integrity of 

17 the measures taken; and 

18 (ii) providing any required real estate 

19 interests in and to the property on which 

20 such measures are to be taken; and 

21 (B) hold and save the United States free 

22 from damages arising from planning, design, or 

23 construction assistance provided under this sec24 tion, except for damages due to the fault or 
249 

†S 601 ES

1 negligence of the United States or its contrac2 tors. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—For 

4 each Indian tribe eligible under this section, there is au5 thorized to be appropriated to carry out this section not 

6 more than $30,000,000. 

7 SEC. 5010. NORTHERN ROCKIES HEADWATERS EXTREME 

8 WEATHER MITIGATION. 

9 (a) IN GENERAL.—Subject to subsection (b), the Sec10 retary shall establish a program to mitigate the impacts 

11 of extreme weather events, such as floods and droughts, 

12 on communities, water users, and fish and wildlife located 

13 in and along the headwaters of the Columbia, Missouri, 

14 and Yellowstone Rivers (including the tributaries of those 

15 rivers) in the States of Idaho and Montana by carrying 

16 out river, stream, and floodplain protection and restora17 tion projects, including— 

18 (1) floodplain restoration and reconnection; 

19 (2) floodplain and riparian area protection 

20 through the use of conservation easements; 

21 (3) instream flow restoration projects; 

22 (4) fish passage improvements; 

23 (5) channel migration zone mapping; and 

24 (6) invasive weed management. 
250 

†S 601 ES

1 (b) RESTRICTION.—All projects carried out using 

2 amounts made available to carry out this section shall em3 phasize the protection and enhancement of natural 

4 riverine processes. 

5 (c) NON-FEDERAL COST SHARE.—The non-Federal 

6 share of the costs of carrying out a project under this sec7 tion shall not exceed 35 percent of the total cost of the 

8 project. 

9 (d) COORDINATION.—In carrying out this section, the 

10 Secretary— 

11 (1) shall consult and coordinate with the appro12 priate State natural resource agency in each State; 

13 and 

14 (2) may— 

15 (A) delegate any authority or responsibility 

16 of the Secretary under this section to those 

17 State natural resource agencies; and 

18 (B) provide amounts made available to the 

19 Secretary to carry out this section to those 

20 State natural resource agencies. 

21 (e) LIMITATIONS.—Nothing in this section invali22 dates, preempts, or creates any exception to State water 

23 law, State water rights, or Federal or State permitted ac24 tivities or agreements in the States of Idaho and Montana 
251 

†S 601 ES

1 or any State containing tributaries to rivers in those 

2 States. 

3 (f) EFFECT OF SECTION.— 

4 (1) IN GENERAL.—Nothing in this section re5 places or provides a substitute for the authority to 

6 carry out projects under section 3110 of the Water 

7 Resources Development Act of 2007 (121 Stat. 

8 1135). 

9 (2) FUNDING.—The amounts made available to 

10 carry out this section shall be used to carry out 

11 projects that are not otherwise carried out under 

12 section 3110 of the Water Resources Development 

13 Act of 2007 (121 Stat. 1135). 

14 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to the Secretary to carry 

16 out this section $30,000,000. 

17 SEC. 5011. AQUATIC NUISANCE SPECIES PREVENTION, 

18 GREAT LAKES AND MISSISSIPPI RIVER BASIN. 

19 (a) IN GENERAL.—The Secretary is authorized to im20 plement measures recommended in the efficacy study au21 thorized under section 3061 of the Water Resources De22 velopment Act of 2007 (121 Stat. 1121) or in interim re23 ports, with any modifications or any emergency measures 

24 that the Secretary determines to be appropriate to prevent 

25 aquatic nuisance species from dispersing into the Great 
252 

†S 601 ES

1 Lakes by way of any hydrologic connection between the 

2 Great Lakes and the Mississippi River Basin. 

3 (b) REPORTS.—The Secretary shall report to the 

4 Committees on Environment and Public Works and Ap5 propriations of the Senate and the Committees on Trans6 portation and Infrastructure and Appropriations of the 

7 House of Representatives any emergency actions taken 

8 pursuant to this section. 

9 SEC. 5012. MIDDLE MISSISSIPPI RIVER PILOT PROGRAM. 

10 (a) IN GENERAL.—In accordance with the project for 

11 navigation, Mississippi River between the Ohio and Mis12 souri Rivers (Regulating Works), Missouri and Illinois, 

13 authorized by the Act of June 25, 1910 (36 Stat. 631, 

14 chapter 382) (commonly known as the ‘‘River and Harbor 

15 Act of 1910’’), the Act of January 1, 1927 (44 Stat. 1010, 

16 chapter 47) (commonly known as the ‘‘River and Harbor 

17 Act of 1927’’), and the Act of July 3, 1930 (46 Stat. 918, 

18 chapter 847), the Secretary shall carry out a pilot pro19 gram to restore and protect fish and wildlife habitat in 

20 the middle Mississippi River. 

21 (b) AUTHORIZED ACTIVITIES.—As part of the pilot 

22 program carried out under subsection (a), the Secretary 

23 may carry out any activity along the Middle Mississippi 

24 River that is necessary to improve navigation through the 

25 project while restoring and protecting fish and wildlife 
253 

†S 601 ES

1 habitat in the middle Mississippi River if the Secretary 

2 determines that the activity is feasible. 

3 (c) COST-SHARING REQUIREMENT.— 

4 (1) IN GENERAL.—The maximum Federal share 

5 of the cost of carrying out a project under this sec6 tion shall be 65 percent. 

7 (2) AMOUNT EXPENDED PER PROJECT.—The 

8 Federal share described in paragraph (1) shall not 

9 exceed $10,000,000 for each project. 

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to carry out this section 

12 $25,000,000 for each of fiscal years 2014 through 2023. 

13 SEC. 5013. IDAHO, MONTANA, RURAL NEVADA, NEW MEX14 ICO, RURAL UTAH, AND WYOMING. 

15 Section 595 of the Water Resources Development Act 

16 of 1999 (Public Law 106–53; 113 Stat. 383) is amend17 ed— 

18 (1) by striking subsection (c) and inserting the 

19 following: 

20 ‘‘(c) FORM OF ASSISTANCE.—Assistance under this 

21 section may be in the form of— 

22 ‘‘(1) design and construction assistance for 

23 water-related environmental infrastructure and re24 source protection and development in Idaho, Mon-
254 

†S 601 ES

1 tana, rural Nevada, New Mexico, rural Utah, and 

2 Wyoming, including projects for— 

3 ‘‘(A) wastewater treatment and related fa4 cilities; 

5 ‘‘(B) water supply and related facilities; 

6 ‘‘(C) environmental restoration; and 

7 ‘‘(D) surface water resource protection and 

8 development; and 

9 ‘‘(2) technical assistance to small and rural 

10 communities for water planning and issues relating 

11 to access to water resources.’’; and 

12 (2) by striking subsection (h) and inserting the 

13 following: 

14 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

15 is authorized to be appropriated to carry out this section 

16 for the period beginning with fiscal year 2001 

17 $450,000,000, which shall— 

18 ‘‘(1) be made available to the States and locales 

19 described in subsection (b) consistent with program 

20 priorities determined by the Secretary in accordance 

21 with criteria developed by the Secretary to establish 

22 the program priorities; and 

23 ‘‘(2) remain available until expended.’’.’’ 
255 

†S 601 ES

1 SEC. 5014. CHESAPEAKE BAY OYSTER RESTORATION IN 

2 VIRGINIA AND MARYLAND. 

3 Section 704(b) of Water Resources Development Act 

4 of 1986 (33 U.S.C. 2263(b)) is amended— 

5 (1) in paragraph (1), by striking 

6 ‘‘$50,000,000’’ and inserting ‘‘$70,000,000’’; and 

7 (2) by striking subparagraph (B) of paragraph 

8 (4) and inserting the following: 

9 ‘‘(B) FORM.—The non-Federal share may 

10 be provided through in-kind services, includ11 ing— 

12 ‘‘(i) the provision by the non-Federal 

13 interest of shell stock material that is de14 termined by the Secretary to be suitable 

15 for use in carrying out the project; and 

16 ‘‘(ii) in the case of a project carried 

17 out under paragraph (2)(D) after the date 

18 of enactment of this clause, land conserva19 tion or restoration efforts undertaken by 

20 the non-Federal interest that the Secretary 

21 determines provide water quality benefits 

22 that— 

23 ‘‘(I) enhance the viability of oys24 ter restoration efforts; and 

25 ‘‘(II) are integral to the 

26 project.’’. 
256 

†S 601 ES

1 SEC. 5015. MISSOURI RIVER BETWEEN FORT PECK DAM, 

2 MONTANA AND GAVINS POINT DAM, SOUTH 

3 DAKOTA AND NEBRASKA. 

4 Section 9(f) of the Act of December 22, 1944 (com5 monly known as the ‘‘Flood Control Act of 1944’’) (58 

6 Stat. 891, chapter 665; 102 Stat. 4031) is amended by 

7 striking ‘‘$3,000,000’’ and inserting ‘‘$5,000,000’’. 

8 SEC. 5016. OPERATIONS AND MAINTENANCE OF INLAND 

9 MISSISSIPPI RIVER PORTS. 

10 (a) DEFINITIONS.—In this section: 

11 (1) SHALLOW DRAFT.—The term ‘‘shallow 

12 draft’’ means a project that has a depth less than 

13 14 feet. 

14 (2) INLAND MISSISSIPPI RIVER.—The term ‘‘in15 land Mississippi River’’ means the portion of the 

16 Mississippi River that begins at the confluence of 

17 the Minnesota River and ends at the confluence of 

18 the Red River. 

19 (b) IN GENERAL.—The Secretary, acting through the 

20 Chief of Engineers, shall carry out dredging activities on 

21 shallow draft ports located on the Inland Mississippi River 

22 to the respective authorized widths and depths of those 

23 inland ports, as authorized on the date of enactment of 

24 this Act. 
257 

†S 601 ES

1 (c) AUTHORIZATION OF APPROPRIATIONS.—For each 

2 fiscal year, there is authorized to be appropriated to the 

3 Secretary to carry out this section $25,000,000. 

4 SEC. 5017. REMOTE AND SUBSISTENCE HARBORS. 

5 Section 2006 of the Water Resources Development 

6 Act of 2007 (33 U.S.C. 2242) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1)(B), by inserting ‘‘or 

9 Alaska’’ after ‘‘Hawaii’’; and 

10 (B) in paragraph (2)— 

11 (i) by striking ‘‘community’’ and in12 serting ‘‘region’’; and 

13 (ii) by inserting ‘‘, as determined by 

14 the Secretary based on information pro15 vided by the non-Federal interest’’ after 

16 ‘‘improvement’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(c) PRIORITIZATION.—Projects recommended by the 

19 Secretary under subsection (a) shall be given equivalent 

20 budget consideration and priority as projects rec21 ommended solely by national economic development bene22 fits. 

23 ‘‘(d) CONSTRUCTION.— 

24 ‘‘(1) IN GENERAL.—The Secretary may plan, 

25 design, or construct projects for navigation in the 
258 

†S 601 ES

1 noncontiguous States and territories of the United 

2 States if the Secretary finds that the project is— 

3 ‘‘(A) technically feasible; 

4 ‘‘(B) environmentally sound; and 

5 ‘‘(C) economically justified. 

6 ‘‘(2) SPECIAL RULE.—In evaluating and imple7 menting a project under this section, the Secretary 

8 shall allow the non-Federal interest to participate in 

9 the financing of the project in accordance with the 

10 criteria established for flood control projects in sec11 tion 903(c) of the Water Resources Development Act 

12 of 1986 (Public Law 99–662; 100 Stat. 4184) if the 

13 detailed project report evaluation indicates that ap14 plying that section is necessary to implement the 

15 project. 

16 ‘‘(3) COST.—The Federal share of the cost of 

17 carrying out a project under this section shall not 

18 exceed $10,000,000. 

19 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

20 There is authorized to be appropriated to carry out 

21 projects initiated by the Secretary under this sub22 section $100,000,000 for fiscal years 2014 through 

23 2023.’’. 
259 

†S 601 ES

1 SEC. 5018. MULTIAGENCY EFFORT TO SLOW THE SPREAD 

2 OF ASIAN CARP IN THE UPPER MISSISSIPPI 

3 RIVER AND OHIO RIVER BASINS AND TRIBU4 TARIES. 

5 (a) MULTIAGENCY EFFORT TO SLOW THE SPREAD

6 OF ASIAN CARP IN THE UPPER MISSISSIPPI AND OHIO

7 RIVER BASINS AND TRIBUTARIES.— 

8 (1) IN GENERAL.—The Director of the United 

9 States Fish and Wildlife Service, in coordination 

10 with the Chief of Engineers, the Director of the Na11 tional Park Service, and the Director of the United 

12 States Geological Survey, shall lead a multiagency 

13 effort to slow the spread of Asian carp in the Upper 

14 Mississippi and Ohio River basins and tributaries by 

15 providing high-level technical assistance, coordina16 tion, best practices, and support to State and local 

17 governments in carrying out activities designed to 

18 slow, and eventually eliminate, the threat posed by 

19 Asian carp. 

20 (2) BEST PRACTICES.—To the maximum extent 

21 practicable, the multiagency effort shall apply les22 sons learned and best practices such as those de23 scribed in the document prepared by the Asian Carp 

24 Working Group entitled ‘‘Management and Control 

25 Plan for Bighead, Black, Grass, and Silver Carps in 

26 the United States’’, and dated November 2007, and 
260 

†S 601 ES

1 the document prepared by the Asian Carp Regional 

2 Coordinating Committee entitled ‘‘FY 2012 Asian 

3 Carp Control Strategy Framework’’ and dated Feb4 ruary 2012. 

5 (b) REPORT TO CONGRESS.— 

6 (1) IN GENERAL.—Not later than December 31 

7 of each year, the Director of the United States Fish 

8 and Wildlife Service, in coordination with the Chief 

9 of Engineers, shall submit to the Committee on Ap10 propriations and the Committee on Natural Re11 sources of the House of Representatives and the 

12 Committee on Appropriations and the Committee on 

13 Environmental and Public Works of the Senate a re14 port describing the coordinated strategies established 

15 and progress made toward goals to control and 

16 eliminate Asian carp in the Upper Mississippi and 

17 Ohio River basins and tributaries. 

18 (2) CONTENTS.—Each report submitted under 

19 paragraph (1) shall include— 

20 (A) any observed changes in the range of 

21 Asian carp in the Upper Mississippi and Ohio 

22 River basins and tributaries during the 2-year 

23 period preceding submission of the report; 

24 (B) a summary of Federal agency efforts, 

25 including cooperative efforts with non-Federal 
261 

†S 601 ES

1 partners, to control the spread of Asian carp in 

2 the Upper Mississippi and Ohio River basins 

3 and tributaries; 

4 (C) any research that the Director deter5 mines could improve the ability to control the 

6 spread of Asian carp in the Upper Mississippi 

7 and Ohio River basins and tributaries; 

8 (D) any quantitative measures that Direc9 tor intends to use to document progress in con10 trolling the spread of Asian carp in the Upper 

11 Mississippi and Ohio River basins and tribu12 taries; and 

13 (E) a cross-cut accounting of Federal and 

14 non-Federal expenditures to control the spread 

15 of Asian carp in the Upper Mississippi and 

16 Ohio River basins and tributaries. 

17 SEC. 5019. RELEASE OF USE RESTRICTIONS. 

18 Notwithstanding any other provision of law, the Ten19 nessee Valley Authority shall, without monetary consider20 ation, grant releases from real estate restrictions estab21 lished pursuant to section 4(k)(b) of the Tennessee Valley 

22 Authority Act of 1933 (16 U.S.C. 831c(k)(b)) with respect 

23 to tracts of land identified in section 4(k)(b) of that Act; 

24 provided that such releases shall be granted in a manner 

25 consistent with applicable TVA policies. 
262 

†S 601 ES

1 SEC. 5020. RIGHTS AND RESPONSIBILITIES OF CHEROKEE 

2 NATION OF OKLAHOMA REGARDING W.D. 

3 MAYO LOCK AND DAM, OKLAHOMA. 

4 Section 1117 of the Water Resources Development 

5 Act of 1986 (Public Law 99–662; 100 Stat. 4236) is 

6 amended to read as follows: 

7 ‘‘SEC. 1117. W.D. MAYO LOCK AND DAM, OKLAHOMA. 

8 ‘‘(a) IN GENERAL.—Notwithstanding any other pro9 vision of law, the Cherokee Nation of Oklahoma has au10 thorization— 

11 ‘‘(1) to design and construct 1 or more hydro12 electric generating facilities at the W.D. Mayo Lock 

13 and Dam on the Arkansas River in the State of 

14 Oklahoma, subject to the requirements of subsection 

15 (b) and in accordance with the conditions specified 

16 in this section; and 

17 ‘‘(2) to market the electricity generated from 

18 any such hydroelectric generating facility. 

19 ‘‘(b) PRECONSTRUCTION REQUIREMENTS.— 

20 ‘‘(1) IN GENERAL.—The Cherokee Nation shall 

21 obtain any permit required by Federal or State law 

22 before the date on which construction begins on any 

23 hydroelectric generating facility under subsection 

24 (a). 

25 ‘‘(2) REVIEW BY SECRETARY.—The Cherokee 

26 Nation may initiate the design or construction of a 
263 

†S 601 ES

1 hydroelectric generating facility under subsection (a) 

2 only after the Secretary reviews and approves the 

3 plans and specifications for the design and construc4 tion. 

5 ‘‘(c) PAYMENT OF DESIGN AND CONSTRUCTION

6 COSTS.— 

7 ‘‘(1) IN GENERAL.—The Cherokee Nation 

8 shall— 

9 ‘‘(A) bear all costs associated with the de10 sign and construction of any hydroelectric gen11 erating facility under subsection (a); and 

12 ‘‘(B) provide any funds necessary for the 

13 design and construction to the Secretary prior 

14 to the Secretary initiating any activities relating 

15 to the design and construction of the hydro16 electric generating facility. 

17 ‘‘(2) USE BY SECRETARY.—The Secretary 

18 may— 

19 ‘‘(A) accept funds offered by the Cherokee 

20 Nation under paragraph (1); and 

21 ‘‘(B) use the funds to carry out the design 

22 and construction of any hydroelectric gener23 ating facility under subsection (a). 

24 ‘‘(d) ASSUMPTION OF LIABILITY.—The Cherokee Na25 tion— 
264 

†S 601 ES

1 ‘‘(1) shall hold all title to any hydroelectric gen2 erating facility constructed under this section; 

3 ‘‘(2) may, subject to the approval of the Sec4 retary, assign that title to a third party; 

5 ‘‘(3) shall be solely responsible for— 

6 ‘‘(A) the operation, maintenance, repair, 

7 replacement, and rehabilitation of any such fa8 cility; and 

9 ‘‘(B) the marketing of the electricity gen10 erated by any such facility; and 

11 ‘‘(4) shall release and indemnify the United 

12 States from any claims, causes of action, or liabil13 ities that may arise out of any activity undertaken 

14 to carry out this section. 

15 ‘‘(e) ASSISTANCE AVAILABLE.—Notwithstanding any 

16 other provision of law, the Secretary may provide any 

17 technical and construction management assistance re18 quested by the Cherokee Nation relating to the design and 

19 construction of any hydroelectric generating facility under 

20 subsection (a). 

21 ‘‘(f) THIRD PARTY AGREEMENTS.—The Cherokee 

22 Nation may enter into agreements with the Secretary or 

23 a third party that the Cherokee Nation or the Secretary 

24 determines to be necessary to carry out this section.’’. 
265 

†S 601 ES

1 SEC. 5021. UPPER MISSISSIPPI RIVER PROTECTION. 

2 (a) DEFINITION OF UPPER ST. ANTHONY FALLS

3 LOCK AND DAM.—In this section, the term ‘‘Upper St. 

4 Anthony Falls Lock and Dam’’ means the lock and dam 

5 located on Mississippi River mile 853.9 in Minneapolis, 

6 Minnesota. 

7 (b) ECONOMIC IMPACT STUDY.—Not later than 180 

8 days after the date of enactment of this Act, the Secretary 

9 shall submit to Congress a report regarding the impact 

10 of closing the Upper St. Anthony Falls Lock and Dam 

11 on the economic and environmental well-being of the State 

12 of Minnesota. 

13 (c) MANDATORY CLOSURE.—Notwithstanding sub14 section (b) and not later than 1 year after the date of 

15 enactment of this Act, the Secretary shall close the Upper 

16 St. Anthony Falls Lock and Dam if the Secretary deter17 mines that the annual average tonnage moving through 

18 the Upper St. Anthony Falls Lock and Dam for the pre19 ceding 5 years is not more than 1,500,000 tons. 

20 (d) EMERGENCY OPERATIONS.—Nothing in this sec21 tion prevents the Secretary from carrying out emergency 

22 lock operations necessary to mitigate flood damage. 

23 SEC. 5022. ARCTIC DEEP DRAFT PORT DEVELOPMENT 

24 PARTNERSHIPS. 

25 (a) IN GENERAL.—The Secretary may provide tech26 nical assistance, including planning, design, and construc-
266 

†S 601 ES

1 tion assistance, to non-Federal public entities, including 

2 Indian tribes (as defined in section 4 of the Indian Self3 Determination and Education Assistance Act (25 U.S.C. 

4 450b)), for the development, construction, operation, and 

5 maintenance of channels, harbors, and related infrastruc6 ture associated with deep draft ports for purposes of deal7 ing with Arctic development and security needs. 

8 (b) ACCEPTANCE OF FUNDS.—The Secretary is au9 thorized to accept and expend funds provided by non-Fed10 eral public entities, including Indian tribes (as defined in 

11 section 4 of the Indian Self-Determination and Education 

12 Assistance Act (25 U.S.C. 450b)), to carry out the activi13 ties described in subsection (a). 

14 (c) LIMITATION.—No assistance may be provided 

15 under this section until after the date on which the entity 

16 to which that assistance is to be provided enters into a 

17 written agreement with the Secretary that includes such 

18 terms and conditions as the Secretary determines to be 

19 appropriate and in the public interest. 

20 (d) PRIORITIZATION.—The Secretary shall prioritize 

21 Arctic deep draft ports identified by the Army Corps, the 

22 Department of Homeland Security and the Department 

23 of Defense. 
267 

†S 601 ES

1 SEC. 5023. GREATER MISSISSIPPI RIVER BASIN SEVERE 

2 FLOODING AND DROUGHT MANAGEMENT 

3 STUDY. 

4 (a) DEFINITIONS.—In this section: 

5 (1) GREATER MISSISSIPPI RIVER BASIN.—The 

6 term ‘‘greater Mississippi River Basin’’ means the 

7 area covered by hydrologic units 5, 6, 7, 8, 10, and 

8 11, as identified by the United States Geological 

9 Survey as of the date of enactment of this Act. 

10 (2) LOWER MISSISSIPPI RIVER.—The term 

11 ‘‘lower Mississippi River’’ means the portion of the 

12 Mississippi River that begins at the confluence of 

13 the Ohio River and flows to the Gulf of Mexico. 

14 (3) MIDDLE MISSISSIPPI RIVER.—The term 

15 ‘‘middle Mississippi River’’ means the portion of the 

16 Mississippi River that begins at the confluence of 

17 the Missouri River and flows to the lower Mississippi 

18 River. 

19 (4) SEVERE FLOODING AND DROUGHT.—The 

20 term ‘‘severe flooding and drought’’ means severe 

21 weather events that threaten personal safety, prop22 erty, and navigation on the inland waterways of the 

23 United States. 

24 (b) IN GENERAL.—The Secretary shall carry out a 

25 study of the greater Mississippi River Basin— 
268 

†S 601 ES

1 (1) to improve the coordinated and comprehen2 sive management of water resource projects in the 

3 greater Mississippi River Basin relating to severe 

4 flooding and drought conditions; and 

5 (2) to evaluate the feasibility of any modifica6 tions to those water resource projects, consistent 

7 with the authorized purposes of those projects, and 

8 develop new water resource projects to improve the 

9 reliability of navigation and more effectively reduce 

10 flood risk. 

11 (c) CONTENTS.—The study shall— 

12 (1) identify any Federal actions that are likely 

13 to prevent and mitigate the impacts of severe flood14 ing and drought, including changes to authorized 

15 channel dimensions, operational procedures of locks 

16 and dams, and reservoir management within the 

17 greater Mississippi River Basin, consistent with the 

18 authorized purposes of the water resource projects; 

19 (2) identify and make recommendations to rem20 edy challenges to the Corps of Engineers presented 

21 by severe flooding and drought, including river ac22 cess, in carrying out its mission to maintain safe, re23 liable navigation, consistent with the authorized pur24 poses of the water resource projects in the greater 

25 Mississippi River Basin; and 
269 

†S 601 ES

1 (3) identify and locate natural or other physical 

2 impediments along the middle and lower Mississippi 

3 River to maintaining navigation on the middle and 

4 lower Mississippi River during periods of low water. 

5 (d) CONSULTATION AND USE OF EXISTING DATA.— 

6 In carrying out the study, the Secretary shall— 

7 (1) consult with appropriate committees of Con8 gress, Federal, State, tribal, and local agencies, envi9 ronmental interests, agricultural interests, rec10 reational interests, river navigation industry rep11 resentatives, other shipping and business interests, 

12 organized labor, and nongovernmental organizations; 

13 (2) to the maximum extent practicable, use 

14 data in existence as of the date of enactment of this 

15 Act; and 

16 (3) incorporate lessons learned and best prac17 tices developed as a result of past severe flooding 

18 and drought events, including major floods and the 

19 successful effort to maintain navigation during the 

20 near historic low water levels on the Mississippi 

21 River during the winter of 2012–2013. 

22 (e) COST-SHARING.—The Federal share of the cost 

23 of carrying out the study under this section shall be 100 

24 percent. 
270 

†S 601 ES

1 (f) REPORT.—Not later than 3 years after the date 

2 of enactment of this Act, the Secretary shall submit to 

3 Congress a report on the study carried out under this sec4 tion. 

5 (g) SAVINGS CLAUSE.—Nothing in this section im6 pacts the operations and maintenance of the Missouri 

7 River Mainstem System, as authorized by the Act of De8 cember 22, 1944 (58 Stat. 897, chapter 665). 

9 SEC. 5024. CAPE ARUNDEL DISPOSAL SITE, MAINE. 

10 (a) IN GENERAL.—The Secretary, in concurrence 

11 with the Administrator of the Environmental Protection 

12 Agency, is authorized to reopen the Cape Arundel Dis13 posal Site selected by the Department of the Army as an 

14 alternative dredged material disposal site under section 

15 103(b) of the Marine Protection, Research, and Sanc16 tuaries Act of 1972 (33 U.S.C. 1413(b)) (referred to in 

17 this section as the ‘‘Site’’). 

18 (b) DEADLINE.—The Site may remain open under 

19 subsection (a) until the earlier of— 

20 (1) the date on which the Site does not have 

21 any remaining disposal capacity; 

22 (2) the date on which an environmental impact 

23 statement designating an alternative dredged mate24 rial disposal site for southern Maine has been com25 pleted; or 
271 

†S 601 ES

1 (3) the date that is 5 years after the date of en2 actment of this Act. 

3 (c) LIMITATIONS.—The use of the Site as a dredged 

4 material disposal site under subsection (a) shall be subject 

5 to the conditions that— 

6 (1) conditions at the Site remain suitable for 

7 the continued use of the Site as a dredged material 

8 disposal site; and 

9 (2) the Site not be used for the disposal of 

10 more than 80,000 cubic yards from any single 

11 dredging project. 

12 TITLE VI—LEVEE SAFETY 

13 SEC. 6001. SHORT TITLE. 

14 This title may be cited as the ‘‘National Levee Safety 

15 Program Act’’. 

16 SEC. 6002. FINDINGS; PURPOSES. 

17 (a) FINDINGS.—Congress finds that— 

18 (1) there is a need to establish a national levee 

19 safety program to provide national leadership and 

20 encourage the establishment of State and tribal levee 

21 safety programs; 

22 (2) according to the National Committee on 

23 Levee Safety, ‘‘the level of protection and robustness 

24 of design and construction of levees vary consider25 ably across the country’’; 
272 

†S 601 ES

1 (3) knowing the location, condition, and owner2 ship of levees, as well as understanding the popu3 lation and infrastructure at risk in leveed areas, is 

4 necessary for identification and prioritization of ac5 tivities associated with levees; 

6 (4) levees are an important tool for reducing 

7 flood risk and should be considered in the context of 

8 broader flood risk management efforts; 

9 (5) States and Indian tribes— 

10 (A) are uniquely positioned to oversee, co11 ordinate, and regulate local and regional levee 

12 systems; and 

13 (B) should be encouraged to participate in 

14 a national levee safety program by establishing 

15 individual levee safety programs; and 

16 (6) States, Indian tribes, and local governments 

17 that do not invest in protecting the individuals and 

18 property located behind levees place those individuals 

19 and property at risk. 

20 (b) PURPOSES.—The purposes of this title are— 

21 (1) to promote sound technical practices in 

22 levee design, construction, operation, inspection, as23 sessment, security, and maintenance; 

24 (2) to ensure effective public education and 

25 awareness of risks involving levees; 
273 

†S 601 ES

1 (3) to establish and maintain a national levee 

2 safety program that emphasizes the protection of 

3 human life and property; and 

4 (4) to implement solutions and incentives that 

5 encourage the establishment of effective State and 

6 tribal levee safety programs. 

7 SEC. 6003. DEFINITIONS. 

8 In this title: 

9 (1) BOARD.—The term ‘‘Board’’ means the Na10 tional Levee Safety Advisory Board established 

11 under section 6005. 

12 (2) CANAL STRUCTURE.— 

13 (A) IN GENERAL.—The term ‘‘canal struc14 ture’’ means an embankment, wall, or structure 

15 along a canal or manmade watercourse that— 

16 (i) constrains water flows; 

17 (ii) is subject to frequent water load18 ing; and 

19 (iii) is an integral part of a flood risk 

20 reduction system that protects the leveed 

21 area from flood waters associated with 

22 hurricanes, precipitation events, seasonal 

23 high water, and other weather-related 

24 events. 
274 

†S 601 ES

1 (B) EXCLUSION.—The term ‘‘canal struc2 ture’’ does not include a barrier across a water3 course. 

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

5 agency’’ means a Federal agency that designs, fi6 nances, constructs, owns, operates, maintains, or 

7 regulates the construction, operation, or mainte8 nance of a levee. 

9 (4) FLOOD DAMAGE REDUCTION SYSTEM.—The 

10 term ‘‘flood damage reduction system’’ means a sys11 tem designed and constructed to have appreciable 

12 and dependable effects in reducing damage by flood13 waters. 

14 (5) FLOOD MITIGATION.—The term ‘‘flood miti15 gation’’ means any structural or nonstructural meas16 ure that reduces risks of flood damage by reducing 

17 the probability of flooding, the consequences of 

18 flooding, or both. 

19 (6) FLOODPLAIN MANAGEMENT.—The term 

20 ‘‘floodplain management’’ means the operation of a 

21 community program of corrective and preventative 

22 measures for reducing flood damage. 

23 (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

24 has the meaning given the term in section 4 of the 
275 

†S 601 ES

1 Indian Self-Determination and Education Assistance 

2 Act (25 U.S.C. 450b). 

3 (8) LEVEE.— 

4 (A) IN GENERAL.—The term ‘‘levee’’ 

5 means a manmade barrier (such as an embank6 ment, floodwall, or other structure)— 

7 (i) the primary purpose of which is to 

8 provide hurricane, storm, or flood protec9 tion relating to seasonal high water, storm 

10 surges, precipitation, or other weather 

11 events; and 

12 (ii) that is normally subject to water 

13 loading for only a few days or weeks dur14 ing a calendar year. 

15 (B) INCLUSIONS.—The term ‘‘levee’’ in16 cludes a levee system, including— 

17 (i) levees and canal structures that— 

18 (I) constrain water flows; 

19 (II) are subject to more frequent 

20 water loading; and 

21 (III) do not constitute a barrier 

22 across a watercourse; and 

23 (ii) roadway and railroad embank24 ments, but only to the extent that the em-
276 

†S 601 ES

1 bankments are integral to the performance 

2 of a flood damage reduction system. 

3 (C) EXCLUSIONS.—The term ‘‘levee’’ does 

4 not include— 

5 (i) a roadway or railroad embankment 

6 that is not integral to the performance of 

7 a flood damage reduction system; 

8 (ii) a canal constructed completely 

9 within natural ground without any man10 made structure (such as an embankment 

11 or retaining wall to retain water or a case 

12 in which water is retained only by natural 

13 ground); 

14 (iii) a canal regulated by a Federal or 

15 State agency in a manner that ensures 

16 that applicable Federal safety criteria are 

17 met; 

18 (iv) a levee or canal structure— 

19 (I) that is not a part of a Fed20 eral flood damage reduction system; 

21 (II) that is not recognized under 

22 the National Flood Insurance Pro23 gram as providing protection from the 

24 1-percent-annual-chance or greater 

25 flood; 
277 

†S 601 ES

1 (III) that is not greater than 3 

2 feet high; 

3 (IV) the population in the leveed 

4 area of which is less than 50 individ5 uals; and 

6 (V) the leveed area of which is 

7 less than 1,000 acres; or 

8 (v) any shoreline protection or river 

9 bank protection system (such as revet10 ments or barrier islands). 

11 (9) LEVEE FEATURE.—The term ‘‘levee fea12 ture’’ means a structure that is critical to the func13 tioning of a levee, including— 

14 (A) an embankment section; 

15 (B) a floodwall section; 

16 (C) a closure structure; 

17 (D) a pumping station; 

18 (E) an interior drainage work; and 

19 (F) a flood damage reduction channel. 

20 (10) LEVEE SAFETY GUIDELINES.—The term 

21 ‘‘levee safety guidelines’’ means the guidelines estab22 lished by the Secretary under section 6004(c)(1). 

23 (11) LEVEE SEGMENT.—The term ‘‘levee seg24 ment’’ means a discrete portion of a levee system 
278 

†S 601 ES

1 that is owned, operated, and maintained by a single 

2 entity or discrete set of entities. 

3 (12) LEVEE SYSTEM.—The term ‘‘levee sys4 tem’’ means 1 or more levee segments, including all 

5 levee features that are interconnected and necessary 

6 to ensure protection of the associated leveed areas— 

7 (A) that collectively provide flood damage 

8 reduction to a defined area; and 

9 (B) the failure of 1 of which may result in 

10 the failure of the entire system. 

11 (13) LEVEED AREA.—The term ‘‘leveed area’’ 

12 means the land from which flood water in the adja13 cent watercourse is excluded by the levee system. 

14 (14) NATIONAL LEVEE DATABASE.—The term 

15 ‘‘national levee database’’ means the levee database 

16 established under section 9004 of the Water Re17 sources Development Act of 2007 (33 U.S.C. 3303). 

18 (15) PARTICIPATING PROGRAM.—The term 

19 ‘‘participating program’’ means a levee safety pro20 gram developed by a State or Indian tribe that in21 cludes the minimum components necessary for rec22 ognition by the Secretary. 

23 (16) REHABILITATION.—The term ‘‘rehabilita24 tion’’ means the repair, replacement, reconstruction, 

25 removal of a levee, or reconfiguration of a levee sys-
279 

†S 601 ES

1 tem, including a setback levee, that is carried out to 

2 reduce flood risk or meet national levee safety guide3 lines. 

4 (17) RISK.—The term ‘‘risk’’ means a measure 

5 of the probability and severity of undesirable con6 sequences. 

7 (18) SECRETARY.—The term ‘‘Secretary’’ 

8 means the Secretary of the Army, acting through 

9 the Chief of Engineers. 

10 (19) STATE.—The term ‘‘State’’ means— 

11 (A) each of the several States of the 

12 United States; 

13 (B) the District of Columbia; 

14 (C) the Commonwealth of Puerto Rico; 

15 (D) Guam; 

16 (E) American Samoa; 

17 (F) the Commonwealth of the Northern 

18 Mariana Islands; 

19 (G) the Federated States of Micronesia; 

20 (H) the Republic of the Marshall Islands; 

21 (I) the Republic of Palau; and 

22 (J) the United States Virgin Islands. 

23 SEC. 6004. NATIONAL LEVEE SAFETY PROGRAM. 

24 (a) ESTABLISHMENT.—The Secretary, in consulta25 tion with the Administrator of the Federal Emergency 
280 

†S 601 ES

1 Management Agency, shall establish a national levee safe2 ty program to provide national leadership and consistent 

3 approaches to levee safety, including— 

4 (1) a national levee database; 

5 (2) an inventory and inspection of Federal and 

6 non-Federal levees; 

7 (3) national levee safety guidelines; 

8 (4) a hazard potential classification system for 

9 Federal and non-Federal levees; 

10 (5) research and development; 

11 (6) a national public education and awareness 

12 program, with an emphasis on communication re13 garding the residual risk to communities protected 

14 by levees and levee systems; 

15 (7) coordination of levee safety, floodplain man16 agement, and environmental protection activities; 

17 (8) development of State and tribal levee safety 

18 programs; and 

19 (9) the provision of technical assistance and 

20 materials to States and Indian tribes relating to— 

21 (A) developing levee safety programs; 

22 (B) identifying and reducing flood risks as23 sociated with residual risk to communities pro24 tected by levees and levee systems; 
281 

†S 601 ES

1 (C) identifying local actions that may be 

2 carried out to reduce flood risks in leveed areas; 

3 and 

4 (D) rehabilitating, improving, replacing, 

5 reconfiguring, modifying, and removing levees 

6 and levee systems. 

7 (b) MANAGEMENT.— 

8 (1) IN GENERAL.—The Secretary shall ap9 point— 

10 (A) an administrator of the national levee 

11 safety program; and 

12 (B) such staff as is necessary to implement 

13 the program. 

14 (2) ADMINISTRATOR.—The sole duty of the ad15 ministrator appointed under paragraph (1)(A) shall 

16 be the management of the national levee safety pro17 gram. 

18 (c) LEVEE SAFETY GUIDELINES.— 

19 (1) ESTABLISHMENT.—Not later than 1 year 

20 after the date of enactment of this Act, the Sec21 retary, in consultation with the Administrator of the 

22 Federal Emergency Management Agency and in co23 ordination with State and local governments and or24 ganizations with expertise in levee safety, shall es-
282 

†S 601 ES

1 tablish a set of voluntary, comprehensive, national 

2 levee safety guidelines that— 

3 (A) are available for common, uniform use 

4 by all Federal, State, tribal, and local agencies; 

5 (B) incorporate policies, procedures, stand6 ards, and criteria for a range of levee types, 

7 canal structures, and related facilities and fea8 tures; and 

9 (C) provide for adaptation to local, re10 gional, or watershed conditions. 

11 (2) REQUIREMENT.—The policies, procedures, 

12 standards, and criteria under paragraph (1)(B) shall 

13 be developed taking into consideration the levee haz14 ard potential classification system established under 

15 subsection (d). 

16 (3) ADOPTION BY FEDERAL AGENCIES.—All 

17 Federal agencies shall consider the levee safety 

18 guidelines in activities relating to the management 

19 of levees. 

20 (4) PUBLIC COMMENT.—Prior to finalizing the 

21 guidelines under this subsection, the Secretary 

22 shall— 

23 (A) issue draft guidelines for public com24 ment; and 
283 

†S 601 ES

1 (B) consider any comments received in the 

2 development of final guidelines. 

3 (d) HAZARD POTENTIAL CLASSIFICATION SYSTEM.— 

4 (1) ESTABLISHMENT.—The Secretary shall es5 tablish a hazard potential classification system for 

6 use under the national levee safety program and 

7 participating programs. 

8 (2) REVISION.—The Secretary shall review and, 

9 as necessary, revise the hazard potential classifica10 tion system not less frequently than once every 5 

11 years. 

12 (3) CONSISTENCY.—The hazard potential clas13 sification system established pursuant to this sub14 section shall be consistent with and incorporated 

15 into the levee safety action classification tool devel16 oped by the Corps of Engineers. 

17 (e) TECHNICAL ASSISTANCE AND MATERIALS.— 

18 (1) ESTABLISHMENT.—The Secretary, in con19 sultation with the Administrator of the Federal 

20 Emergency Management Agency and in coordination 

21 with the Board, shall establish a national levee safe22 ty technical assistance and training program to de23 velop and deliver technical support and technical as24 sistance materials, curricula, and training in order 
284 

†S 601 ES

1 to promote levee safety and assist States, commu2 nities, and levee owners in— 

3 (A) developing levee safety programs; 

4 (B) identifying and reducing flood risks as5 sociated with levees; 

6 (C) identifying local actions that may be 

7 carried out to reduce flood risks in leveed areas; 

8 and 

9 (D) rehabilitating, improving, replacing, 

10 reconfiguring, modifying, and removing levees 

11 and levee systems. 

12 (2) USE OF SERVICES.—In establishing the na13 tional levee safety training program under para14 graph (1), the Secretary may use the services of— 

15 (A) the Corps of Engineers; 

16 (B) the Federal Emergency Management 

17 Agency; 

18 (C) the Bureau of Reclamation; and 

19 (D) other appropriate Federal agencies, as 

20 determined by the Secretary. 

21 (f) COMPREHENSIVE NATIONAL PUBLIC EDUCATION

22 AND AWARENESS CAMPAIGN.— 

23 (1) ESTABLISHMENT.—The Secretary, in co24 ordination with the Administrator of the Federal 

25 Emergency Management Agency and the Board, 
285 

†S 601 ES

1 shall establish a national public education and 

2 awareness campaign relating to the national levee 

3 safety program. 

4 (2) PURPOSES.—The purposes of the campaign 

5 under paragraph (1) are— 

6 (A) to educate individuals living in leveed 

7 areas regarding the risks of living in those 

8 areas; 

9 (B) to promote consistency in the trans10 mission of information regarding levees among 

11 government agencies; and 

12 (C) to provide national leadership regard13 ing risk communication for implementation at 

14 the State and local levels. 

15 (g) COORDINATION OF LEVEE SAFETY, FLOODPLAIN

16 MANAGEMENT, AND ENVIRONMENTAL CONCERNS.—The 

17 Secretary, in consultation with the Administrator of the 

18 Federal Emergency Management Agency and in coordina19 tion with the Board, shall evaluate opportunities to coordi20 nate— 

21 (1) public safety, floodplain management, and 

22 environmental protection activities relating to levees; 

23 and 
286 

†S 601 ES

1 (2) environmental permitting processes for op2 eration and maintenance activities at existing levee 

3 projects in compliance with all applicable laws. 

4 (h) LEVEE INSPECTION.— 

5 (1) IN GENERAL.—The Secretary shall carry 

6 out a one-time inventory and inspection of all levees 

7 identified in the national levee database. 

8 (2) NO FEDERAL INTEREST.—The inventory 

9 and inspection under paragraph (1) does not create 

10 a Federal interest in the construction, operation, or 

11 maintenance any levee that is included in the inven12 tory or inspected under this subsection. 

13 (3) INSPECTION CRITERIA.—In carrying out the 

14 inventory and inspection, the Secretary shall use the 

15 levee safety action classification criteria to determine 

16 whether a levee should be classified in the inventory 

17 as requiring a more comprehensive inspection. 

18 (4) STATE AND TRIBAL PARTICIPATION.—At 

19 the request of a State or Indian tribe with respect 

20 to any levee subject to inspection under this sub21 section, the Secretary shall— 

22 (A) allow an official of the State or Indian 

23 tribe to participate in the inspection of the 

24 levee; and 
287 

†S 601 ES

1 (B) provide information to the State or In2 dian tribe relating to the location, construction, 

3 operation, or maintenance of the levee. 

4 (5) EXCEPTIONS.—In carrying out the inven5 tory and inspection under this subsection, the Sec6 retary shall not be required to inspect any levee that 

7 has been inspected by a State or Indian tribe using 

8 the same methodology described in paragraph (3) 

9 during the 1-year period immediately preceding the 

10 date of enactment of this Act if the Governor of the 

11 State or tribal government, as applicable, requests 

12 an exemption from the inspection. 

13 (i) STATE AND TRIBAL LEVEE SAFETY PROGRAM.— 

14 (1) GUIDELINES.— 

15 (A) IN GENERAL.—Not later than 1 year 

16 after the date of enactment of this Act, in con17 sultation with the Administrator of the Federal 

18 Emergency Management Agency and in coordi19 nation with the Board, the Secretary shall issue 

20 guidelines that establish the minimum compo21 nents necessary for recognition of a State or 

22 tribal levee safety program as a participating 

23 program. 

24 (B) GUIDELINE CONTENTS.—The guide25 lines under subparagraph (A) shall include pro-
288 

†S 601 ES

1 visions and procedures requiring each partici2 pating State and Indian tribe to certify to the 

3 Secretary that the State or Indian tribe, as ap4 plicable— 

5 (i) has the authority to participate in 

6 the national levee safety program; 

7 (ii) can receive funds under this title; 

8 (iii) has adopted any national levee 

9 safety guidelines developed under this title; 

10 (iv) will carry out levee inspections; 

11 (v) will carry out, consistent with ap12 plicable requirements, flood risk manage13 ment and any emergency action planning 

14 procedures the Secretary determines to be 

15 necessary relating to levees; 

16 (vi) will carry out public education 

17 and awareness activities consistent with 

18 the national public education and aware19 ness campaign established under sub20 section (f); and 

21 (vii) will collect and share information 

22 regarding the location and condition of lev23 ees. 
289 

†S 601 ES

1 (C) PUBLIC COMMENT.—Prior to finalizing 

2 the guidelines under this paragraph, the Sec3 retary shall— 

4 (i) issue draft guidelines for public 

5 comment; and 

6 (ii) consider any comments received in 

7 the development of final guidelines. 

8 (2) GRANT PROGRAM.— 

9 (A) ESTABLISHMENT.—The Secretary 

10 shall establish a program under which the Sec11 retary shall provide grants to assist States and 

12 Indian tribes in establishing participating pro13 grams, conducting levee inventories, and car14 rying out this title. 

15 (B) REQUIREMENTS.—To be eligible to re16 ceive grants under this section, a State or In17 dian tribe shall— 

18 (i) meet the requirements of a partici19 pating program established by the guide20 lines issued under paragraph (1); 

21 (ii) use not less than 25 percent of 

22 any amounts received to identify and as23 sess non-Federal levees within the State or 

24 on land of the Indian tribe; 
290 

†S 601 ES

1 (iii) submit to the Secretary any infor2 mation collected by the State or Indian 

3 tribe in carrying out this subsection for in4 clusion in the national levee safety data5 base; and 

6 (iv) identify actions to address hazard 

7 mitigation activities associated with levees 

8 and leveed areas identified in the hazard 

9 mitigation plan of the State approved by 

10 the Administrator of the Federal Emer11 gency Management Agency under the Rob12 ert T. Stafford Disaster Relief and Emer13 gency Assistance Act (42 U.S.C. 5121 et 

14 seq.). 

15 (C) MEASURES TO ASSESS EFFECTIVE16 NESS.—Not later than 1 year after the enact17 ment of this Act, the Secretary shall implement 

18 quantifiable performance measures and metrics 

19 to assess the effectiveness of the grant program 

20 established in accordance with subparagraph 

21 (A). 

22 (j) LEVEE REHABILITATION ASSISTANCE PRO23 GRAM.— 

24 (1) ESTABLISHMENT.—The Secretary, in con25 sultation with the Administrator of the Federal 
291 

†S 601 ES

1 Emergency Management Agency, shall establish a 

2 program under which the Secretary shall provide as3 sistance to States, Indian tribes, and local govern4 ments in addressing flood mitigation activities that 

5 result in an overall reduction in flood risk. 

6 (2) REQUIREMENTS.—To be eligible to receive 

7 assistance under this subsection, a State, Indian 

8 tribe, or local government shall— 

9 (A) participate in, and comply with, all ap10 plicable Federal floodplain management and 

11 flood insurance programs; 

12 (B) have in place a hazard mitigation plan 

13 that— 

14 (i) includes all levee risks; and 

15 (ii) complies with the Disaster Mitiga16 tion Act of 2000 (Public Law 106–390; 

17 114 Stat. 1552); 

18 (C) submit to the Secretary an application 

19 at such time, in such manner, and containing 

20 such information as the Secretary may require; 

21 and 

22 (D) comply with such minimum eligibility 

23 requirements as the Secretary, in consultation 

24 with the Board, may establish to ensure that 
292 

†S 601 ES

1 each owner and operator of a levee under a par2 ticipating State or tribal levee safety program— 

3 (i) acts in accordance with the guide4 lines developed in subsection (c); and 

5 (ii) carries out activities relating to 

6 the public in the leveed area in accordance 

7 with the hazard mitigation plan described 

8 in subparagraph (B). 

9 (3) FLOODPLAIN MANAGEMENT PLANS.— 

10 (A) IN GENERAL.—Not later than 1 year 

11 after the date of execution of a project agree12 ment for assistance under this subsection, a 

13 State, Indian tribe, or local government shall 

14 prepare a floodplain management plan in ac15 cordance with the guidelines under subpara16 graph (D) to reduce the impacts of future flood 

17 events in each applicable leveed area. 

18 (B) INCLUSIONS.—A plan under subpara19 graph (A) shall address potential measures, 

20 practices, and policies to reduce loss of life, in21 juries, damage to property and facilities, public 

22 expenditures, and other adverse impacts of 

23 flooding in each applicable leveed area. 

24 (C) IMPLEMENTATION.—Not later than 1 

25 year after the date of completion of construc-
293 

†S 601 ES

1 tion of the applicable project, a floodplain man2 agement plan prepared under subparagraph (A) 

3 shall be implemented. 

4 (D) GUIDELINES.—Not later than 180 

5 days after the date of enactment of this Act, 

6 the Secretary, in consultation with the Adminis7 trator of the Federal Emergency Management 

8 Agency, shall develop such guidelines for the 

9 preparation of floodplain management plans 

10 prepared under this paragraph as the Secretary 

11 determines to be appropriate. 

12 (E) TECHNICAL SUPPORT.—The Secretary 

13 may provide technical support for the develop14 ment and implementation of floodplain manage15 ment plans prepared under this paragraph. 

16 (4) USE OF FUNDS.— 

17 (A) IN GENERAL.—Assistance provided 

18 under this subsection may be used— 

19 (i) for any rehabilitation activity to 

20 maximize overall risk reduction associated 

21 with a levee under a participating State or 

22 tribal levee safety program; and 

23 (ii) only for a levee that is not feder24 ally operated and maintained. 
294 

†S 601 ES

1 (B) PROHIBITION.—Assistance provided 

2 under this subsection shall not be used— 

3 (i) to perform routine operation or 

4 maintenance for a levee; or 

5 (ii) to make any modification to a 

6 levee that does not result in an improve7 ment to public safety. 

8 (5) NO PROPRIETARY INTEREST.—A contract 

9 for assistance provided under this subsection shall 

10 not be considered to confer any proprietary interest 

11 on the United States. 

12 (6) COST-SHARE.—The maximum Federal 

13 share of the cost of any assistance provided under 

14 this subsection shall be 65 percent. 

15 (7) PROJECT LIMIT.—The maximum amount of 

16 Federal assistance for a project under this sub17 section shall be $10,000,000. 

18 (8) OTHER LAWS.—Assistance provided under 

19 this subsection shall be subject to all applicable laws 

20 (including regulations) that apply to the construc21 tion of a civil works project of the Corps of Engi22 neers. 

23 (k) EFFECT OF SECTION.—Nothing in this section— 

24 (1) affects the requirement under section 

25 100226(b)(2) of the Biggert-Waters Flood Insur-
295 

†S 601 ES

1 ance Reform Act of 2012 (42 U.S.C. 4101 note; 126 

2 Stat. 942); or 

3 (2) confers any regulatory authority on— 

4 (A) the Secretary; or 

5 (B) the Director of the Federal Emergency 

6 Management Agency, including for the purpose 

7 of setting premium rates under the national 

8 flood insurance program established under 

9 chapter 1 of the National Flood Insurance Act 

10 of 1968 (42 U.S.C. 4011 et seq.). 

11 SEC. 6005. NATIONAL LEVEE SAFETY ADVISORY BOARD. 

12 (a) ESTABLISHMENT.—The Secretary, in coordina13 tion with the Administrator of the Federal Emergency 

14 Management Agency, shall establish a board, to be known 

15 as the ‘‘National Levee Safety Advisory Board’’— 

16 (1) to advise the Secretary and Congress re17 garding consistent approaches to levee safety; 

18 (2) to monitor the safety of levees in the United 

19 States; 

20 (3) to assess the effectiveness of the national 

21 levee safety program; and 

22 (4) to ensure that the national levee safety pro23 gram is carried out in a manner that is consistent 

24 with other Federal flood risk management efforts. 

25 (b) MEMBERSHIP.— 
296 

†S 601 ES

1 (1) VOTING MEMBERS.—The Board shall be 

2 composed of the following 14 voting members, each 

3 of whom shall be appointed by the Secretary, with 

4 priority consideration given to representatives from 

5 those States that have the most Corps of Engineers 

6 levees in the State, based on mileage: 

7 (A) 8 representatives of State levee safety 

8 programs, 1 from each of the civil works divi9 sions of the Corps of Engineers. 

10 (B) 2 representatives of the private sector 

11 who have expertise in levee safety. 

12 (C) 2 representatives of local and regional 

13 governmental agencies who have expertise in 

14 levee safety. 

15 (D) 2 representatives of Indian tribes who 

16 have expertise in levee safety. 

17 (2) NONVOTING MEMBERS.—The Secretary (or 

18 a designee of the Secretary), the Administrator of 

19 the Federal Emergency Management Agency (or a 

20 designee of the Administrator), and the adminis21 trator of the national levee safety program appointed 

22 under section 6004(b)(1)(A) shall serve as nonvoting 

23 members of the Board. 

24 (3) CHAIRPERSON.—The voting members of the 

25 Board shall appoint a chairperson from among the 
297 

†S 601 ES

1 voting members of the Board, to serve a term of not 

2 more than 2 years. 

3 (c) QUALIFICATIONS.— 

4 (1) INDIVIDUALS.—Each voting member of the 

5 Board shall be knowledgeable in the field of levee 

6 safety, including water resources and flood risk man7 agement. 

8 (2) AS A WHOLE.—The membership of the 

9 Board, considered as a whole, shall represent the di10 versity of skills required to advise the Secretary re11 garding levee issues relating to— 

12 (A) engineering; 

13 (B) public communications; 

14 (C) program development and oversight; 

15 (D) with respect to levees, flood risk man16 agement and hazard mitigation; and 

17 (E) public safety and the environment. 

18 (d) TERMS OF SERVICE.— 

19 (1) IN GENERAL.—A voting member of the 

20 Board shall be appointed for a term of 3 years, ex21 cept that, of the members first appointed— 

22 (A) 5 shall be appointed for a term of 1 

23 year; 

24 (B) 5 shall be appointed for a term of 2 

25 years; and 
298 

†S 601 ES

1 (C) 4 shall be appointed for a term of 3 

2 years. 

3 (2) REAPPOINTMENT.—A voting member of the 

4 Board may be reappointed to the Board, as the Sec5 retary determines to be appropriate. 

6 (3) VACANCIES.—A vacancy on the Board shall 

7 be filled in the same manner as the original appoint8 ment was made. 

9 (e) STANDING COMMITTEES.— 

10 (1) IN GENERAL.—The Board shall be sup11 ported by Standing Committees, which shall be com12 prised of volunteers from all levels of government 

13 and the private sector, to advise the Board regard14 ing the national levee safety program. 

15 (2) ESTABLISHMENT.—The Standing Commit16 tees of the Board shall include— 

17 (A) the Standing Committee on Partici18 pating Programs, which shall advise the Board 

19 regarding— 

20 (i) the development and implementa21 tion of State and tribal levee safety pro22 grams; and 

23 (ii) appropriate incentives (including 

24 financial assistance) to be provided to 
299 

†S 601 ES

1 States, Indian tribes, and local and re2 gional entities; 

3 (B) the Standing Committee on Technical 

4 Issues, which shall advise the Board regard5 ing— 

6 (i) the management of the national 

7 levee database; 

8 (ii) the development and maintenance 

9 of levee safety guidelines; 

10 (iii) processes and materials for devel11 oping levee-related technical assistance and 

12 training; and 

13 (iv) research and development activi14 ties relating to levee safety; 

15 (C) the Standing Committee on Public 

16 Education and Awareness, which shall advise 

17 the Board regarding the development, imple18 mentation, and evaluation of targeted public 

19 outreach programs— 

20 (i) to gather public input; 

21 (ii) to educate and raise awareness in 

22 leveed areas of levee risks; 

23 (iii) to communicate information re24 garding participating programs; and 
300 

†S 601 ES

1 (iv) to track the effectiveness of public 

2 education efforts relating to levee risks; 

3 (D) the Standing Committee on Safety and 

4 Environment, which shall advise the Board re5 garding— 

6 (i) operation and maintenance activi7 ties for existing levee projects; 

8 (ii) opportunities to coordinate public 

9 safety, floodplain management, and envi10 ronmental protection activities relating to 

11 levees; 

12 (iii) opportunities to coordinate envi13 ronmental permitting processes for oper14 ation and maintenance activities at existing 

15 levee projects in compliance with all appli16 cable laws; and 

17 (iv) opportunities for collaboration by 

18 environmental protection and public safety 

19 interests in leveed areas and adjacent 

20 areas; and 

21 (E) such other standing committees as the 

22 Secretary, in consultation with the Board, de23 termines to be necessary. 

24 (3) MEMBERSHIP.— 
301 

†S 601 ES

1 (A) IN GENERAL.—The Board shall rec2 ommend to the Secretary for approval individ3 uals for membership on the Standing Commit4 tees. 

5 (B) QUALIFICATIONS.— 

6 (i) INDIVIDUALS.—Each member of a 

7 Standing Committee shall be knowledge8 able in the issue areas for which the Com9 mittee is charged with advising the Board. 

10 (ii) AS A WHOLE.—The membership 

11 of each Standing Committee, considered as 

12 a whole, shall represent, to the maximum 

13 extent practicable, broad geographical di14 versity. 

15 (C) LIMITATION.—Each Standing Com16 mittee shall be comprised of not more than 10 

17 members. 

18 (f) DUTIES AND POWERS.—The Board— 

19 (1) shall submit to the Secretary and Congress 

20 an annual report regarding the effectiveness of the 

21 national levee safety program in accordance with 

22 section 6007; and 

23 (2) may secure from other Federal agencies 

24 such services, and enter into such contracts, as the 
302 

†S 601 ES

1 Board determines to be necessary to carry out this 

2 subsection. 

3 (g) TASK FORCE COORDINATION.—The Board shall, 

4 to the maximum extent practicable, coordinate the activi5 ties of the Board with the Federal Interagency Floodplain 

6 Management Task Force. 

7 (h) COMPENSATION.— 

8 (1) FEDERAL EMPLOYEES.—Each member of 

9 the Board who is an officer or employee of the 

10 United States shall serve without compensation in 

11 addition to compensation received for the services of 

12 the member as an officer or employee of the United 

13 States, but shall be allowed a per diem allowance for 

14 travel expenses, at rates authorized for an employee 

15 of an agency under subchapter I of chapter 57 of 

16 title 5, United States Code, while away from the 

17 home or regular place of business of the member in 

18 the performance of the duties of the Board. 

19 (2) NON-FEDERAL EMPLOYEES.—To the extent 

20 amounts are made available to carry out this section 

21 in appropriations Acts, the Secretary shall provide to 

22 each member of the Board who is not an officer or 

23 employee of the United States a stipend and a per 

24 diem allowance for travel expenses, at rates author25 ized for an employee of an agency under subchapter 
303 

†S 601 ES

1 I of chapter 57 of title 5, United States Code, while 

2 away from the home or regular place of business of 

3 the member in performance of services for the 

4 Board. 

5 (3) STANDING COMMITTEE MEMBERS.—Each 

6 member of a Standing Committee shall— 

7 (A) serve in a voluntary capacity; but 

8 (B) receive a per diem allowance for travel 

9 expenses, at rates authorized for an employee of 

10 an agency under subchapter I of chapter 57 of 

11 title 5, United States Code, while away from 

12 the home or regular place of business of the 

13 member in performance of services for the 

14 Board. 

15 (i) NONAPPLICABILITY OF FACA.—The Federal Ad16 visory Committee Act (5 U.S.C. App.) shall not apply to 

17 the Board or the Standing Committees. 

18 SEC. 6006. INVENTORY AND INSPECTION OF LEVEES. 

19 Section 9004(a)(2)(A) of the Water Resources Devel20 opment Act of 2007 (33 U.S.C. 3303(a)(2)(A)) is amend21 ed by striking ‘‘and, for non-Federal levees, such informa22 tion on levee location as is provided to the Secretary by 

23 State and local governmental agencies’’ and inserting 

24 ‘‘and updated levee information provided by States, Indian 

25 tribes, Federal agencies, and other entities’’. 
304 

†S 601 ES

1 SEC. 6007. REPORTS. 

2 (a) STATE OF LEVEES.— 

3 (1) IN GENERAL.—Not later than 1 year after 

4 the date of enactment of this Act, and biennially 

5 thereafter, the Secretary in coordination with the 

6 Board, shall submit to Congress a report describing 

7 the state of levees in the United States and the ef8 fectiveness of the national levee safety program, in9 cluding— 

10 (A) progress achieved in implementing the 

11 national levee safety program; 

12 (B) State and tribal participation in the 

13 national levee safety program; 

14 (C) recommendations to improve coordina15 tion of levee safety, floodplain management, and 

16 environmental protection concerns, including— 

17 (i) identifying and evaluating opportu18 nities to coordinate public safety, flood19 plain management, and environmental pro20 tection activities relating to levees; and 

21 (ii) evaluating opportunities to coordi22 nate environmental permitting processes 

23 for operation and maintenance activities at 

24 existing levee projects in compliance with 

25 all applicable laws; and 
305 

†S 601 ES

1 (D) any recommendations for legislation 

2 and other congressional actions necessary to en3 sure national levee safety. 

4 (2) INCLUSION.—Each report under paragraph 

5 (1) shall include a report of the Board that describes 

6 the independent recommendations of the Board for 

7 the implementation of the national levee safety pro8 gram. 

9 (b) NATIONAL DAM AND LEVEE SAFETY PRO10 GRAM.—Not later than 3 years after the date of enactment 

11 of this Act, to the maximum extent practicable, the Sec12 retary, in coordination with the Board, shall submit to 

13 Congress a report that includes recommendations regard14 ing the advisability and feasibility of, and potential ap15 proaches for, establishing a joint national dam and levee 

16 safety program. 

17 (c) ALIGNMENT OF FEDERAL PROGRAMS RELATING

18 TO LEVEES.—Not later than 2 years after the date of en19 actment of this Act, the Comptroller General shall submit 

20 to Congress a report on opportunities for alignment of 

21 Federal programs to provide incentives to State, tribal, 

22 and local governments and individuals and entities— 

23 (1) to promote shared responsibility for levee 

24 safety; 
306 

†S 601 ES

1 (2) to encourage the development of strong 

2 State and tribal levee safety programs; 

3 (3) to better align the national levee safety pro4 gram with other Federal flood risk management pro5 grams; and 

6 (4) to promote increased levee safety through 

7 other Federal programs providing assistance to 

8 State and local governments. 

9 (d) LIABILITY FOR CERTAIN LEVEE ENGINEERING

10 PROJECTS.—Not later than 1 year after the date of enact11 ment of this Act, the Secretary shall submit to Congress 

12 a report that includes recommendations that identify and 

13 address any legal liability associated with levee engineer14 ing projects that prevent— 

15 (1) levee owners from obtaining needed levee 

16 engineering services; or 

17 (2) development and implementation of a State 

18 or tribal levee safety program. 

19 SEC. 6008. EFFECT OF TITLE. 

20 Nothing in this title— 

21 (1) establishes any liability of the United States 

22 or any officer or employee of the United States (in23 cluding the Board and the Standing Committees of 

24 the Board) for any damages caused by any action or 

25 failure to act; or 
307 

†S 601 ES

1 (2) relieves an owner or operator of a levee of 

2 any legal duty, obligation, or liability incident to the 

3 ownership or operation of the levee. 

4 SEC. 6009. AUTHORIZATION OF APPROPRIATIONS. 

5 There are authorized to be appropriated to the Sec6 retary to carry out this title— 

7 (1) for funding the administration and staff of 

8 the national levee safety program, the Board, the 

9 Standing Committees of the Board, and partici10 pating programs, $5,000,000 for each of fiscal years 

11 2014 through 2023; 

12 (2) for technical programs, including the devel13 opment of levee safety guidelines, publications, train14 ing, and technical assistance— 

15 (A) $5,000,000 for each of fiscal years 

16 2014 through 2018; 

17 (B) $7,500,000 for each of fiscal years 

18 2019 and 2020; and 

19 (C) $10,000,000 for each of fiscal years 

20 2021 through 2023; 

21 (3) for public involvement and education pro22 grams, $3,000,000 for each of fiscal years 2014 

23 through 2023; 

24 (4) to carry out the levee inventory and inspec25 tions under section 9004 of the Water Resources 
308 

†S 601 ES

1 Development Act of 2007 (33 U.S.C. 3303), 

2 $30,000,000 for each of fiscal years 2014 through 

3 2018; 

4 (5) for grants to State and tribal levee safety 

5 programs, $300,000,000 for fiscal years 2014 

6 through 2023; and 

7 (6) for levee rehabilitation assistance grants, 

8 $300,000,000 for fiscal years 2014 through 2023. 

9 TITLE VII—INLAND WATERWAYS 

10 SEC. 7001. PURPOSES. 

11 The purposes of this title are— 

12 (1) to improve program and project manage13 ment relating to the construction and major rehabili14 tation of navigation projects on inland waterways; 

15 (2) to optimize inland waterways navigation 

16 system reliability; 

17 (3) to minimize the size and scope of inland wa18 terways navigation project completion schedules; 

19 (4) to eliminate preventable delays in inland 

20 waterways navigation project completion schedules; 

21 and 

22 (5) to make inland waterways navigation capital 

23 investments through the use of prioritization criteria 

24 that seek to maximize systemwide benefits and mini25 mize overall system risk. 
309 

†S 601 ES

1 SEC. 7002. DEFINITIONS. 

2 In this title: 

3 (1) INLAND WATERWAYS TRUST FUND.—The 

4 term ‘‘Inland Waterways Trust Fund’’ means the 

5 Inland Waterways Trust Fund established by section 

6 9506(a) of the Internal Revenue Code of 1986. 

7 (2) QUALIFYING PROJECT.—The term ‘‘quali8 fying project’’ means any construction or major re9 habilitation project for navigation infrastructure of 

10 the inland and intracoastal waterways that is— 

11 (A) authorized before, on, or after the date 

12 of enactment of this Act; 

13 (B) not completed on the date of enact14 ment of this Act; and 

15 (C) funded at least in part from the Inland 

16 Waterways Trust Fund. 

17 (3) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of the Army, acting through the Chief 

19 of Engineers. 

20 SEC. 7003. PROJECT DELIVERY PROCESS REFORMS. 

21 (a) REQUIREMENTS FOR QUALIFYING PROJECTS.— 

22 With respect to each qualifying project, the Secretary shall 

23 require— 

24 (1) formal project management training and 

25 certification for each project manager; 
310 

†S 601 ES

1 (2) assignment as project manager only of per2 sonnel fully certified by the Chief of Engineers; and 

3 (3) for an applicable cost estimation, that— 

4 (A) the estimation— 

5 (i) is risk-based; and 

6 (ii) has a confidence level of at least 

7 80 percent; and 

8 (B) a risk-based cost estimate shall be im9 plemented— 

10 (i) for a qualified project that requires 

11 an increase in the authorized amount in 

12 accordance with section 902 of the Water 

13 Resources Development Act of 1986 (Pub14 lic Law 99–662; 100 Stat. 4183), during 

15 the preparation of a post-authorization 

16 change report or other similar decision 

17 document; 

18 (ii) for a qualified project for which 

19 the first construction contract has not been 

20 awarded, prior to the award of the first 

21 construction contract; 

22 (iii) for a qualified project without a 

23 completed Chief of Engineers report, prior 

24 to the completion of such a report; and 
311 

†S 601 ES

1 (iv) for a qualified project with a com2 pleted Chief of Engineers report that has 

3 not yet been authorized, during design for 

4 the qualified project. 

5 (b) ADDITIONAL PROJECT DELIVERY PROCESS RE6 FORMS.—Not later than 18 months after the date of en7 actment of this Act, the Secretary shall— 

8 (1) establish a system to identify and apply on 

9 a continuing basis lessons learned from prior or on10 going qualifying projects to improve the likelihood of 

11 on-time and on-budget completion of qualifying 

12 projects; 

13 (2) evaluate early contractor involvement acqui14 sition procedures to improve on-time and on-budget 

15 project delivery performance; and 

16 (3) implement any additional measures that the 

17 Secretary determines will achieve the purposes of 

18 this title and the amendments made by this title, in19 cluding, as the Secretary determines to be appro20 priate— 

21 (A) the implementation of applicable prac22 tices and procedures developed pursuant to 

23 management by the Secretary of an applicable 

24 military construction program; 
312 

†S 601 ES

1 (B) the establishment of 1 or more centers 

2 of expertise for the design and review of quali3 fying projects; 

4 (C) the development and use of a portfolio 

5 of standard designs for inland navigation locks; 

6 (D) the use of full-funding contracts or 

7 formulation of a revised continuing contracts 

8 clause; and 

9 (E) the establishment of procedures for 

10 recommending new project construction starts 

11 using a capital projects business model. 

12 (c) PILOT PROJECTS.— 

13 (1) IN GENERAL.—Subject to paragraph (2), 

14 the Secretary may carry out 1 or more pilot projects 

15 to evaluate processes or procedures for the study, 

16 design, or construction of qualifying projects. 

17 (2) INCLUSIONS.—At a minimum, the Secretary 

18 shall carry out pilot projects under this subsection to 

19 evaluate— 

20 (A) early contractor involvement in the de21 velopment of features and components; 

22 (B) an appropriate use of continuing con23 tracts for the construction of features and com24 ponents; and 
313 

†S 601 ES

1 (C) applicable principles, procedures, and 

2 processes used for military construction 

3 projects. 

4 (d) INLAND WATERWAYS USER BOARD.—Section 

5 302 of the Water Resources Development Act of 1986 (33 

6 U.S.C. 2251) is amended— 

7 (1) by striking subsection (b) and inserting the 

8 following: 

9 ‘‘(b) DUTIES OF USERS BOARD.— 

10 ‘‘(1) IN GENERAL.—The Users Board shall 

11 meet not less frequently than semiannually to de12 velop and make recommendations to the Secretary 

13 and Congress regarding the inland waterways and 

14 inland harbors of the United States. 

15 ‘‘(2) ADVICE AND RECOMMENDATIONS.—For 

16 commercial navigation features and components of 

17 the inland waterways and inland harbors of the 

18 United States, the Users Board shall provide— 

19 ‘‘(A) prior to the development of the budg20 et proposal of the President for a given fiscal 

21 year, advice and recommendations to the Sec22 retary regarding construction and rehabilitation 

23 priorities and spending levels; 

24 ‘‘(B) advice and recommendations to Con25 gress regarding any report of the Chief of Engi-
314 

†S 601 ES

1 neers relating to those features and compo2 nents; 

3 ‘‘(C) advice and recommendations to Con4 gress regarding an increase in the authorized 

5 cost of those features and components; 

6 ‘‘(D) not later than 60 days after the date 

7 of the submission of the budget proposal of the 

8 President to Congress, advice and recommenda9 tions to Congress regarding construction and 

10 rehabilitation priorities and spending levels; and 

11 ‘‘(E) a long-term capital investment pro12 gram in accordance with subsection (d). 

13 ‘‘(3) PROJECT DEVELOPMENT TEAMS.—The 

14 chairperson of the Users Board shall appoint a rep15 resentative of the Users Board to serve on the 

16 project development team for a qualifying project or 

17 the study or design of a commercial navigation fea18 ture or component of the inland waterways and in19 land harbors of the United States. 

20 ‘‘(4) INDEPENDENT JUDGMENT.—Any advice or 

21 recommendation made by the Users Board to the 

22 Secretary shall reflect the independent judgment of 

23 the Users Board.’’; 

24 (2) by redesignating subsection (c) as sub25 section (f); and 
315 

†S 601 ES

1 (3) by inserting after subsection (b) the fol2 lowing: 

3 ‘‘(c) DUTIES OF SECRETARY.—The Secretary shall— 

4 ‘‘(1) communicate not less than once each quar5 ter to the Users Board the status of the study, de6 sign, or construction of all commercial navigation 

7 features or components of the inland waterways or 

8 inland harbors of the United States; and 

9 ‘‘(2) submit to the Users Board a courtesy copy 

10 of all reports of the Chief of Engineers relating to 

11 a commercial navigation feature or component of the 

12 inland waterways or inland harbors of the United 

13 States. 

14 ‘‘(d) CAPITAL INVESTMENT PROGRAM.— 

15 ‘‘(1) IN GENERAL.—Not later than 1 year after 

16 the date of enactment of this subsection, the Sec17 retary, in coordination with the Users Board, shall 

18 develop, and submit to Congress a report describing, 

19 a 20-year program for making capital investments 

20 on the inland and intracoastal waterways, based on 

21 the application of objective, national project selection 

22 prioritization criteria. 

23 ‘‘(2) CONSIDERATION.—In developing the pro24 gram under paragraph (1), the Secretary shall take 

25 into consideration the 20-year capital investment 
316 

†S 601 ES

1 strategy contained in the Inland Marine Transpor2 tation System (IMTS) Capital Projects Business 

3 Model, Final Report published on April 13, 2010, as 

4 approved by the Users Board. 

5 ‘‘(3) CRITERIA.—In developing the plan and 

6 prioritization criteria under paragraph (1), the Sec7 retary shall ensure, to the maximum extent prac8 ticable, that investments made under the 20-year 

9 program described in paragraph (1)— 

10 ‘‘(A) are made in all geographical areas of 

11 the inland waterways system; and 

12 ‘‘(B) ensure efficient funding of inland wa13 terways projects. 

14 ‘‘(4) STRATEGIC REVIEW AND UPDATE.—Not 

15 later than 5 years after the date of enactment of 

16 this subsection, and not less frequently than once 

17 every 5 years thereafter, the Secretary, in conjunc18 tion with the Users Board, shall— 

19 ‘‘(A) submit to Congress a strategic review 

20 of the 20-year program in effect under this sub21 section, which shall identify and explain any 

22 changes to the project-specific recommendations 

23 contained in the previous 20-year program (in24 cluding any changes to the prioritization cri-
317 

†S 601 ES

1 teria used to develop the updated recommenda2 tions); and 

3 ‘‘(B) make such revisions to the program 

4 as the Secretary and Users Board jointly con5 sider to be appropriate. 

6 ‘‘(e) PROJECT MANAGEMENT PLANS.—The chair7 person of the Users Board and the project development 

8 team member appointed by the chairperson under sub9 section (b)(3) shall sign the project management plan for 

10 the qualifying project or the study or design of a commer11 cial navigation feature or component of the inland water12 ways and inland harbors of the United States.’’. 

13 SEC. 7004. MAJOR REHABILITATION STANDARDS. 

14 Section 205(1)(E)(ii) of the Water Resources Devel15 opment Act of 1992 (33 U.S.C. 2327(1)(E)(ii)) is amend16 ed by striking ‘‘$8,000,000’’ and inserting 

17 ‘‘$20,000,000’’. 

18 SEC. 7005. INLAND WATERWAYS SYSTEM REVENUES. 

19 (a) FINDINGS.—Congress finds that— 

20 (1) there are approximately 12,000 miles of 

21 Federal waterways, known as the inland waterways 

22 system, that are supported by user fees and man23 aged by the Corps of Engineers; 
318 

†S 601 ES

1 (2) the inland waterways system spans 38 

2 States and handles approximately one-half of all in3 land waterway freight; 

4 (3) according to the final report of the Inland 

5 Marine Transportation System Capital Projects 

6 Business Model, freight traffic on the Federal fuel7 taxed inland waterways system accounts for 

8 546,000,000 tons of freight each year; 

9 (4) expenditures for construction and major re10 habilitation projects on the inland waterways system 

11 are equally cost-shared between the Federal Govern12 ment and the Inland Waterways Trust Fund; 

13 (5) the Inland Waterways Trust Fund is fi14 nanced through a fee of $0.20 per gallon on fuel 

15 used by commercial barges; 

16 (6) the balance of the Inland Waterways Trust 

17 Fund has declined significantly in recent years; 

18 (7) according to the final report of the Inland 

19 Marine Transportation System Capital Projects 

20 Business Model, the estimated financial need for 

21 construction and major rehabilitation projects on the 

22 inland waterways system for fiscal years 2011 

23 through 2030 is approximately $18,000,000,000; 

24 and 
319 

†S 601 ES

1 (8) users of the inland waterways system are 

2 supportive of an increase in the existing revenue 

3 sources for inland waterways system construction 

4 and major rehabilitation activities to expedite the 

5 most critical of those construction and major reha6 bilitation projects. 

7 (b) SENSE OF CONGRESS.—It is the sense of Con8 gress that— 

9 (1) the existing revenue sources for inland wa10 terways system construction and rehabilitation ac11 tivities are insufficient to cover the costs of non-Fed12 eral interests of construction and major rehabilita13 tion projects on the inland waterways system; and 

14 (2) the issue described in paragraph (1) should 

15 be addressed. 

16 SEC. 7006. EFFICIENCY OF REVENUE COLLECTION. 

17 Not later than 2 years after the date of enactment 

18 of this Act, the Comptroller General shall prepare a report 

19 on the efficiency of collecting the fuel tax for the Inland 

20 Waterways Trust Fund, which shall include— 

21 (1) an evaluation of whether current methods of 

22 collection of the fuel tax result in full compliance 

23 with requirements of the law; 
320 

†S 601 ES

1 (2) whether alternative methods of collection 

2 would result in increased revenues into the Inland 

3 Waterways Trust Fund; and 

4 (3) an evaluation of alternative collection op5 tions. 

6 SEC. 7007. GAO STUDY, OLMSTED LOCKS AND DAM, LOWER 

7 OHIO RIVER, ILLINOIS AND KENTUCKY. 

8 As soon as practicable after the date of enactment 

9 of this Act, the Comptroller General of the United States 

10 shall conduct, and submit to Congress a report describing 

11 the results of, a study to determine why, and to what ex12 tent, the project for navigation, Lower Ohio River, Locks 

13 and Dams 52 and 53, Illinois and Kentucky (commonly 

14 known as the ‘‘Olmsted Locks and Dam project’’), author15 ized by section 3(a)(6) of the Water Resources Develop16 ment Act of 1988 (102 Stat. 4013), has exceeded the 

17 budget for the project and the reasons why the project 

18 failed to be completed as scheduled, including an assess19 ment of— 

20 (1) engineering methods used for the project; 

21 (2) the management of the project; 

22 (3) contracting for the project; 

23 (4) the cost to the United States of benefits 

24 foregone due to project delays; and 
321 

†S 601 ES

1 (5) such other contributory factors as the 

2 Comptroller General determines to be appropriate. 

3 SEC. 7008. OLMSTED LOCKS AND DAM, LOWER OHIO RIVER, 

4 ILLINOIS AND KENTUCKY. 

5 Section 3(a)(6) of the Water Resources Development 

6 Act of 1988 (102 Stat. 4013) is amended by striking ‘‘and 

7 with the costs of construction’’ and all that follows 

8 through the period at the end and inserting ‘‘which 

9 amounts remaining after the date of enactment of this Act 

10 shall be appropriated from the general fund of the Treas11 ury.’’. 

12 TITLE VIII—HARBOR 

13 MAINTENANCE 

14 SEC. 8001. SHORT TITLE. 

15 This title may be cited as the ‘‘Harbor Maintenance 

16 Trust Fund Act of 2013’’. 

17 SEC. 8002. PURPOSES. 

18 The purposes of this title are— 

19 (1) to ensure that revenues collected into the 

20 Harbor Maintenance Trust Fund are used for the 

21 intended purposes of those revenues; 

22 (2) to increase investment in the operation and 

23 maintenance of United States ports, which are crit24 ical for the economic competitiveness of the United 

25 States; 
322 

†S 601 ES

1 (3) to promote equity among ports nationwide; 

2 (4) to ensure United States ports are prepared 

3 to meet modern shipping needs, including the capa4 bility to receive large ships that require deeper 

5 drafts; and 

6 (5) to prevent cargo diversion from United 

7 States ports. 

8 SEC. 8003. FUNDING FOR HARBOR MAINTENANCE PRO9 GRAMS. 

10 (a) DEFINITIONS.—In this section: 

11 (1) TOTAL BUDGET RESOURCES.—The term 

12 ‘‘total budget resources’’ means the total amount 

13 made available by appropriations Acts from the Har14 bor Maintenance Trust Fund for a fiscal year for 

15 making expenditures under section 9505(c) of the 

16 Internal Revenue Code of 1986. 

17 (2) LEVEL OF RECEIPTS PLUS INTEREST.—The 

18 term ‘‘level of receipts plus interest’’ means the level 

19 of taxes and interest credited to the Harbor Mainte20 nance Trust Fund under section 9505 of the Inter21 nal Revenue Code of 1986 for a fiscal year as set 

22 forth in the President’s budget baseline projection, 

23 as determined under section 257 of the Balanced 

24 Budget and Emergency Deficit Control Act of 1985 
323 

†S 601 ES

1 (2 U.S.C. 907) for that fiscal year submitted pursu2 ant to section 1105 of title 31, United States Code. 

3 (b) MINIMUM RESOURCES.— 

4 (1) MINIMUM RESOURCES.— 

5 (A) IN GENERAL.—The total budget re6 sources made available to the Secretary from 

7 the Harbor Maintenance Trust Fund shall be 

8 not less than the lesser of— 

9 (i)(I) for fiscal year 2014, 

10 $1,000,000,000; 

11 (II) for fiscal year 2015, 

12 $1,100,000,000; 

13 (III) for fiscal year 2016, 

14 $1,200,000,000; 

15 (IV) for fiscal year 2017, 

16 $1,300,000,000; 

17 (V) for fiscal year 2018, 

18 $1,400,000,000; and 

19 (VI) for fiscal year 2019, 

20 $1,500,000,000; and 

21 (ii) the level of receipts plus interest 

22 credited to the Harbor Maintenance Trust 

23 Fund for that fiscal year. 

24 (B) FISCAL YEAR 2020 AND SUBSEQUENT

25 FISCAL YEARS.—For fiscal year 2020 and each 
324 

†S 601 ES

1 fiscal year thereafter, the total budget resources 

2 made available to the Secretary from the Har3 bor Maintenance Trust Fund shall be not less 

4 than the level of receipts plus interest credited 

5 to the Harbor Maintenance Trust Fund for 

6 that fiscal year. 

7 (2) USE OF AMOUNTS.—The amounts described 

8 in paragraph (1) may be used only for harbor main9 tenance programs described in section 9505(c) of the 

10 Internal Revenue Code of 1986. 

11 (c) IMPACT ON OTHER FUNDS.— 

12 (1) IN GENERAL.—Subject to paragraph (3), 

13 subsection (b)(1) shall not apply if providing the 

14 minimum resources required under that subsection 

15 would result in making the amounts made available 

16 for the applicable fiscal year to carry out all pro17 grams, projects, and activities of the civil works pro18 gram of the Corps of Engineers, other than the har19 bor maintenance programs, to be less than the 

20 amounts made available for those purposes in the 

21 previous fiscal year. 

22 (2) CALCULATION OF AMOUNTS.—For each fis23 cal year, the amounts made available to carry out all 

24 programs, projects, and activities of the civil works 
325 

†S 601 ES

1 program of the Corps of Engineers shall not include 

2 any amounts that are designated by Congress— 

3 (A) as being for emergency requirements 

4 pursuant to section 251(b)(2)(A)(i) of the Bal5 anced Budget and Emergency Deficit Control 

6 Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)); or 

7 (B) as being for disaster relief pursuant to 

8 section 251(b)(2)(D) of the Balanced Budget 

9 and Emergency Deficit Control Act of 1985 (2 

10 U.S.C. 901(b)(2)(D)). 

11 (3) EXCEPTIONS.—Paragraph (1) shall not 

12 apply if— 

13 (A) amounts made available for the civil 

14 works program of the Corps of Engineers for a 

15 fiscal year are less than the amounts made 

16 available for the civil works program in the pre17 vious fiscal year; and 

18 (B) the reduction in amounts made avail19 able— 

20 (i) applies to all discretionary funds 

21 and programs of the Federal Government; 

22 and 

23 (ii) is applied to the civil works pro24 gram in the same percentage and manner 

25 as other discretionary funds and programs. 
326 

†S 601 ES

1 SEC. 8004. HARBOR MAINTENANCE TRUST FUND 

2 PRIORITIZATION. 

3 (a) POLICY.—It is the policy of the United States 

4 that the primary use of the Harbor Maintenance Trust 

5 Fund is for maintaining the constructed widths and 

6 depths of the commercial ports and harbors of the United 

7 States, and those functions should be given first consider8 ation in the budgeting of Harbor Maintenance Trust Fund 

9 allocations. 

10 (b) IN GENERAL.—Section 210 of the Water Re11 sources Development Act of 1986 (33 U.S.C. 2238) is 

12 amended by adding at the end the following: 

13 ‘‘(c) PRIORITIZATION.— 

14 ‘‘(1) DEFINITIONS.—In this subsection: 

15 ‘‘(A) CONSTRUCTED WIDTH AND DEPTH.— 

16 The term ‘constructed width and depth’ means 

17 the depth to which a project has been con18 structed, which shall not exceed the authorized 

19 width and depth of the project. 

20 ‘‘(B) GREAT LAKES NAVIGATION SYS21 TEM.—The term ‘Great Lakes Navigation Sys22 tem’ includes— 

23 ‘‘(i)(I) Lake Superior; 

24 ‘‘(II) Lake Huron; 

25 ‘‘(III) Lake Michigan; 

26 ‘‘(IV) Lake Erie; and 
327 

†S 601 ES

1 ‘‘(V) Lake Ontario; 

2 ‘‘(ii) all connecting waters between the 

3 lakes referred to in clause (i) used for com4 mercial navigation; 

5 ‘‘(iii) any navigation features in the 

6 lakes referred to in clause (i) or waters de7 scribed in clause (ii) that are a Federal op8 eration or maintenance responsibility; and 

9 ‘‘(iv) areas of the Saint Lawrence 

10 River that are operated or maintained by 

11 the Federal Government for commercial 

12 navigation. 

13 ‘‘(C) HIGH-USE DEEP DRAFT.— 

14 ‘‘(i) IN GENERAL.—The term ‘high15 use deep draft’ means a project that has a 

16 depth of greater than 14 feet with not less 

17 than 10,000,000 tons of cargo annually. 

18 ‘‘(ii) EXCLUSION.—The term ‘high19 use deep draft’ does not include a project 

20 located in the Great Lakes Navigation Sys21 tem. 

22 ‘‘(D) LOW-USE PORT.—The term ‘low-use 

23 port’ means a port at which not more than 

24 1,000,000 tons of cargo are transported each 

25 calendar year. 
328 

†S 601 ES

1 ‘‘(E) MODERATE-USE PORT.—The term 

2 ‘moderate-use port’ means a port at which more 

3 than 1,000,000, but fewer than 10,000,000, 

4 tons of cargo are transported each calendar 

5 year. 

6 ‘‘(2) PRIORITY.—Of the amounts made avail7 able under this section to carry out projects de8 scribed in subsection (a)(2) that are in excess of the 

9 amounts made available to carry out those projects 

10 in fiscal year 2012, the Secretary of the Army, act11 ing through the Chief of Engineers, shall give pri12 ority to those projects in the following order: 

13 ‘‘(A)(i) In any fiscal year in which all 

14 projects subject to the harbor maintenance fee 

15 under section 24.24 of title 19, Code of Federal 

16 Regulations (or a successor regulation) are not 

17 maintained to their constructed width and 

18 depth, the Secretary shall prioritize amounts 

19 made available under this section for those 

20 projects that are high-use deep draft and are a 

21 priority for navigation in the Great Lakes Navi22 gation System. 

23 ‘‘(ii) Of the amounts made available under 

24 clause (i)— 
329 

†S 601 ES

1 ‘‘(I) 80 percent shall be used for 

2 projects that are high-use deep draft; and 

3 ‘‘(II) 20 percent shall be used for 

4 projects that are a priority for navigation 

5 in the Great Lakes Navigation System. 

6 ‘‘(B) In any fiscal year in which all 

7 projects identified as high-use deep draft are 

8 maintained to their constructed width and 

9 depth, the Secretary shall— 

10 ‘‘(i) equally divide among each of the 

11 districts of the Corps of Engineers in 

12 which eligible projects are located 10 per13 cent of remaining amounts made available 

14 under this section for moderate-use and 

15 low-use port projects— 

16 ‘‘(I) that have been maintained 

17 at less than their constructed width 

18 and depth due to insufficient federal 

19 funding during the preceding 6 fiscal 

20 years; and 

21 ‘‘(II) for which significant State 

22 and local investments in infrastruc23 ture have been made at those projects 

24 during the preceding 6 fiscal years; 

25 and 
330 

†S 601 ES

1 ‘‘(ii) prioritize any remaining amounts 

2 made available under this section for those 

3 projects that are not maintained to the 

4 minimum width and depth necessary to 

5 provide sufficient clearance for fully loaded 

6 commercial vessels using those projects to 

7 maneuver safely. 

8 ‘‘(3) ADMINISTRATION.—For purposes of this 

9 subsection, State and local investments in infrastruc10 ture shall include infrastructure investments made 

11 using amounts made available for activities under 

12 section 105(a)(9) of the Housing and Community 

13 Development Act of 1974 (42 U.S.C. 5305(a)(9)). 

14 ‘‘(4) EXCEPTIONS.—The Secretary may 

15 prioritize a project not identified in paragraph (2) if 

16 the Secretary determines that funding for the 

17 project is necessary to address— 

18 ‘‘(A) hazardous navigation conditions; or 

19 ‘‘(B) impacts of natural disasters, includ20 ing storms and droughts. 

21 ‘‘(5) REPORTS TO CONGRESS.—Not later than 

22 September 30, 2013, and annually thereafter, the 

23 Secretary shall submit to Congress a report that de24 scribes, with respect to the preceding fiscal year— 
331 

†S 601 ES

1 ‘‘(A) the amount of funds used to maintain 

2 high-use deep draft projects and projects at 

3 moderate-use ports and low-use ports to the 

4 constructed depth and width of the projects; 

5 ‘‘(B) the respective percentage of total 

6 funds provided under this section used for high 

7 use deep draft projects and projects at mod8 erate-use ports and low-use ports; 

9 ‘‘(C) the remaining amount of funds made 

10 available to carry out this section, if any; and 

11 ‘‘(D) any additional amounts needed to 

12 maintain the high-use deep draft projects and 

13 projects at moderate-use ports and low-use 

14 ports to the constructed depth and width of the 

15 projects.’’. 

16 (c) OPERATION AND MAINTENANCE.—Section 101(b) 

17 of the Water Resources Development Act of 1986 (33 

18 U.S.C. 2211(b)) is amended— 

19 (1) in paragraph (1), by striking ‘‘45 feet’’ and 

20 inserting ‘‘50 feet’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(3) OPERATION AND MAINTENANCE ACTIVI23 TIES DEFINED.— 

24 ‘‘(A) SCOPE OF OPERATION AND MAINTE25 NANCE ACTIVITIES.—Notwithstanding any 
332 

†S 601 ES

1 other provision of law (including regulations 

2 and guidelines) and subject to subparagraph 

3 (B), for purposes of this subsection, operation 

4 and maintenance activities that are eligible for 

5 the Federal cost share under paragraph (1) 

6 shall include— 

7 ‘‘(i) the dredging of berths in a har8 bor that is accessible to a Federal channel, 

9 if the Federal channel has been con10 structed to a depth equal to the authorized 

11 depth of the channel; and 

12 ‘‘(ii) the dredging and disposal of leg13 acy-contaminated sediments and sediments 

14 unsuitable for ocean disposal that— 

15 ‘‘(I) are located in or affect the 

16 maintenance of Federal navigation 

17 channels; or 

18 ‘‘(II) are located in berths that 

19 are accessible to Federal channels. 

20 ‘‘(B) LIMITATIONS.— 

21 ‘‘(i) IN GENERAL.—For each fiscal 

22 year, subject to section 210(c)(2), subpara23 graph (A) shall only apply— 

24 ‘‘(I) to the amounts made avail25 able under section 210 to carry out 
333 

†S 601 ES

1 projects described in subsection (a)(2) 

2 of that section that are in excess of 

3 the amounts made available to carry 

4 out those projects in fiscal year 2012; 

5 and 

6 ‘‘(II) if, in that fiscal year, all 

7 projects identified as high-use deep 

8 draft (as defined in section 210(c)) 

9 are maintained to their constructed 

10 width and depth. 

11 ‘‘(ii) STATE LIMITATION.—For each 

12 fiscal year, the operation and maintenance 

13 activities described in subparagraph (A) 

14 may only be carried out in a State— 

15 ‘‘(I) in which the total amounts 

16 collected pursuant to section 4461 of 

17 the Internal Revenue Code of 1986 

18 comprise not less than 2.5 percent an19 nually of the total funding of the Har20 bor Maintenance Trust Fund estab21 lished under section 9505 of the In22 ternal Revenue Code of 1986; and 

23 ‘‘(II) that received less than 50 

24 percent of the total amounts collected 

25 in that State pursuant to section 
334 

†S 601 ES

1 4461 of the Internal Revenue Code of 

2 1986 in the previous 3 fiscal years. 

3 ‘‘(iii) PRIORITIZATION.—In allocating 

4 amounts made available under this para5 graph, the Secretary shall give priority to 

6 projects that have received the lowest 

7 amount of funding from the Harbor Main8 tenance Trust Fund in comparison to the 

9 amount of funding contributed to the Har10 bor Maintenance Trust Fund in the pre11 vious 3 fiscal years. 

12 ‘‘(iv) MAXIMUM AMOUNT.—The total 

13 amount made available in each fiscal year 

14 to carry out this paragraph shall not ex15 ceed the lesser of— 

16 ‘‘(I) amount that is equal to 40 

17 percent of the amounts made available 

18 under section 210 to carry out 

19 projects described in subsection (a)(2) 

20 of that section that are in excess of 

21 the amounts made available to carry 

22 out those projects in fiscal year 2012; 

23 and 

24 ‘‘(II) the amount that is equal to 

25 20 percent of the amounts made avail-
335 

†S 601 ES

1 able under section 210 to carry out 

2 projects described in subsection (a)(2) 

3 of that section. 

4 ‘‘(4) DONOR PORTS AND PORTS CONTRIBUTING

5 TO ENERGY PRODUCTION.— 

6 ‘‘(A) DEFINITIONS.—In this paragraph: 

7 ‘‘(i) CARGO CONTAINER.—The term 

8 ‘cargo container’ means a cargo container 

9 that is 1 Twenty-foot Equivalent Unit. 

10 ‘‘(ii) ELIGIBLE DONOR PORT.—The 

11 term, ‘eligible donor port’ means a port— 

12 ‘‘(I) that is subject to the harbor 

13 maintenance fee under section 24.24 

14 of title 19, Code of Federal Regula15 tions (or a successor regulation); 

16 ‘‘(II)(aa) at which the total 

17 amounts collected pursuant to section 

18 4461 of the Internal Revenue Code of 

19 1986 comprise not less than 

20 $15,000,000 annually of the total 

21 funding of the Harbor Maintenance 

22 Trust Fund established under section 

23 9505 of the Internal Revenue Code of 

24 1986; and 
336 

†S 601 ES

1 ‘‘(bb) that received less than 25 

2 percent of the total amounts collected 

3 at that port pursuant to section 4461 

4 of the Internal Revenue Code of 1986 

5 in the previous 5 fiscal years; and 

6 ‘‘(III) that is located in a State 

7 in which more than 2,000,000 cargo 

8 containers were unloaded from or 

9 loaded on to vessels in calendar year 

10 2011. 

11 ‘‘(iii) ELIGIBLE ENERGY TRANSFER

12 PORT.—The term ‘eligible energy transfer 

13 port’ means a port— 

14 ‘‘(I) that is subject to the harbor 

15 maintenance fee under section 24.24 

16 of title 19, Code of Federal Regula17 tion (or successor regulation); and 

18 ‘‘(II)(aa) at which energy com19 modities comprised greater than 25 

20 percent of all commercial activity by 

21 tonnage in calendar year 2011; and 

22 ‘‘(bb) through which more 

23 than 40 million tons of cargo 

24 were transported in calendar year 

25 2011. 
337 

†S 601 ES

1 ‘‘(iv) ENERGY COMMODITY.—The 

2 term ‘energy commodity’ includes— 

3 ‘‘(I) petroleum products; 

4 ‘‘(II) natural gas; 

5 ‘‘(III) coal; 

6 ‘‘(IV) wind and solar energy com7 ponents; and 

8 ‘‘(V) biofuels. 

9 ‘‘(B) ADDITIONAL USES.— 

10 ‘‘(i) IN GENERAL.—Subject to appro11 priations, the Secretary may provide to eli12 gible donor ports and eligible energy trans13 fer ports amounts in accordance with 

14 clause (ii). 

15 ‘‘(ii) LIMITATIONS.—The amounts de16 scribed in clause (i)— 

17 ‘‘(I) made available for eligible 

18 energy transfer ports shall be divided 

19 equally among all States with an eligi20 ble energy transfer port; and 

21 ‘‘(II) shall be made available only 

22 to a port as either an eligible donor 

23 port or an eligible energy transfer 

24 port. 
338 

†S 601 ES

1 ‘‘(C) USES.—Amounts provided to an eligi2 ble port under this paragraph may only be used 

3 by that port— 

4 ‘‘(i) to provide payments to importers 

5 entering cargo or shippers transporting 

6 cargo through an eligible donor port or eli7 gible energy transfer port, as calculated by 

8 U.S. Customs and Border Protection; 

9 ‘‘(ii) to dredge berths in a harbor that 

10 is accessible to a Federal channel; 

11 ‘‘(iii) to dredge and dispose of legacy12 contaminated sediments and sediments un13 suitable for ocean disposal that— 

14 ‘‘(I) are located in or affect the 

15 maintenance of Federal navigation 

16 channels; or 

17 ‘‘(II) are located in berths that 

18 are accessible to Federal channels; or 

19 ‘‘(iv) for environmental remediation 

20 related to dredging berths and Federal 

21 navigation channels. 

22 ‘‘(D) ADMINISTRATION OF PAYMENTS.—If 

23 an eligible donor port or eligible energy transfer 

24 port elects to provide payments to importers or 

25 shippers in accordance with subparagraph 
339 

†S 601 ES

1 (C)(i), the Secretary shall transfer the amounts 

2 that would be provided to the port under this 

3 paragraph to the Commissioner of U.S. Cus4 toms and Border Protection to provide the pay5 ments to the importers or shippers. 

6 ‘‘(E) AUTHORIZATION OF APPROPRIA7 TIONS.— 

8 ‘‘(i) IN GENERAL.—For fiscal years 

9 2014 through 2024, if the total amounts 

10 made available from the Harbor Mainte11 nance Trust Fund exceed the total 

12 amounts made available from the Harbor 

13 Maintenance Trust Fund in fiscal year 

14 2012, there is authorized to be appro15 priated from the Harbor Maintenance 

16 Trust Fund to carry out this paragraph 

17 the sum obtained by adding— 

18 ‘‘(I) $50,000,000; and 

19 ‘‘(II) the amount that is equal to 

20 10 percent of the amounts made avail21 able under section 210 to carry out 

22 projects described in subsection (a)(2) 

23 of that section that are in excess of 

24 the amounts made available to carry 

25 out those projects in fiscal year 2012. 
340 

†S 601 ES

1 ‘‘(ii) DIVISION BETWEEN ELIGIBLE

2 DONOR PORTS AND ELIGIBLE ENERGY

3 TRANSFER PORTS.—For each fiscal year, 

4 amounts made available shall be divided 

5 equally between eligible donor ports and el6 igible energy transfer ports.’’. 

7 (d) CONFORMING AMENDMENT.—Section 9505(c)(1) 

8 of the Internal Revenue Code of 1986 is amended by strik9 ing ‘‘as in effect on the date of the enactment of the Water 

10 Resources Development Act of 1996’’ and inserting ‘‘as 

11 in effect on the date of the enactment of the Harbor Main12 tenance Trust Fund Act of 2013’’. 

13 SEC. 8005. HARBOR MAINTENANCE TRUST FUND STUDY. 

14 (a) DEFINITIONS.—In this section: 

15 (1) LOW-USE PORT.—The term ‘‘low-use port’’ 

16 means a port at which not more than 1,000,000 

17 tons of cargo are transported each calendar year. 

18 (2) MODERATE-USE PORT.—The term ‘‘mod19 erate-use port’’ means a port at which more than 

20 1,000,000, but fewer than 10,000,000, tons of cargo 

21 are transported each calendar year. 

22 (b) STUDY.—Not later than 270 days after the date 

23 of enactment of this Act, the Comptroller General of the 

24 United States shall carry out a study and submit to Con25 gress a report that— 
341 

†S 601 ES

1 (1) evaluates the effectiveness of activities fund2 ed by the Harbor Maintenance Trust Fund in maxi3 mizing economic growth and job creation in the com4 munities surrounding low- and moderate-use ports; 

5 and 

6 (2) includes recommendations relating to the 

7 use of amounts in the Harbor Maintenance Trust 

8 Fund to increase the competitiveness of United 

9 States ports relative to Canadian and Mexican ports. 

10 TITLE IX—DAM SAFETY 

11 SEC. 9001. SHORT TITLE. 

12 This title may be cited as the ‘‘Dam Safety Act of 

13 2013’’. 

14 SEC. 9002. PURPOSE. 

15 The purpose of this title and the amendments made 

16 by this title is to reduce the risks to life and property from 

17 dam failure in the United States through the reauthoriza18 tion of an effective national dam safety program that 

19 brings together the expertise and resources of the Federal 

20 Government and non-Federal interests in achieving na21 tional dam safety hazard reduction. 

22 SEC. 9003. ADMINISTRATOR. 

23 (a) IN GENERAL.—The National Dam Safety Pro24 gram Act (33 U.S.C. 467 et seq.) is amended by striking 
342 

†S 601 ES

1 ‘‘Director’’ each place it appears and inserting ‘‘Adminis2 trator’’. 

3 (b) CONFORMING AMENDMENT.—Section 2 of the 

4 National Dam Safety Program Act (33 U.S.C. 467) is 

5 amended— 

6 (1) by striking paragraph (3); 

7 (2) by redesignating paragraphs (1) and (2) as 

8 paragraphs (2) and (3), respectively; and 

9 (3) by inserting before paragraph (2) (as redes10 ignated by paragraph (2)) the following: 

11 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis12 trator’ means the Administrator of the Federal 

13 Emergency Management Agency.’’. 

14 SEC. 9004. INSPECTION OF DAMS. 

15 Section 3(b)(1) of the National Dam Safety Program 

16 Act (33 U.S.C. 467a(b)(1)) is amended by striking ‘‘or 

17 maintenance’’ and inserting ‘‘maintenance, condition, or 

18 provisions for emergency operations’’. 

19 SEC. 9005. NATIONAL DAM SAFETY PROGRAM. 

20 (a) OBJECTIVES.—Section 8(c) of the National Dam 

21 Safety Program Act (33 U.S.C. 467f(c)) is amended by 

22 striking paragraph (4) and inserting the following: 

23 ‘‘(4) develop and implement a comprehensive 

24 dam safety hazard education and public awareness 

25 program to assist the public in preparing for, miti-
343 

†S 601 ES

1 gating, responding to, and recovering from dam inci2 dents;’’. 

3 (b) BOARD.—Section 8(f)(4) of the National Dam 

4 Safety Program Act (33 U.S.C. 467f(f)(4)) is amended 

5 by inserting ‘‘, representatives from nongovernmental or6 ganizations,’’ after ‘‘State agencies’’. 

7 SEC. 9006. PUBLIC AWARENESS AND OUTREACH FOR DAM 

8 SAFETY. 

9 The National Dam Safety Program Act (33 U.S.C. 

10 467 et seq.) is amended— 

11 (1) by redesignating sections 11, 12, and 13 as 

12 sections 12, 13, and 14, respectively; and 

13 (2) by inserting after section 10 (33 U.S.C. 

14 467g–1) the following: 

15 ‘‘SEC. 11. PUBLIC AWARENESS AND OUTREACH FOR DAM 

16 SAFETY. 

17 ‘‘The Administrator, in consultation with other Fed18 eral agencies, State and local governments, dam owners, 

19 the emergency management community, the private sec20 tor, nongovernmental organizations and associations, in21 stitutions of higher education, and any other appropriate 

22 entities shall carry out a nationwide public awareness and 

23 outreach program to assist the public in preparing for, 

24 mitigating, responding to, and recovering from dam inci25 dents.’’. 
344 

†S 601 ES

1 SEC. 9007. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) NATIONAL DAM SAFETY PROGRAM.— 

3 (1) ANNUAL AMOUNTS.—Section 14(a)(1) of 

4 the National Dam Safety Program Act (33 U.S.C. 

5 467j(a)(1)) (as so redesignated) is amended by 

6 striking ‘‘$6,500,000’’ and all that follows through 

7 ‘‘2011’’ and inserting ‘‘$9,200,000 for each of fiscal 

8 years 2014 through 2018’’. 

9 (2) MAXIMUM AMOUNT OF ALLOCATION.—Sec10 tion 14(a)(2)(B) of the National Dam Safety Pro11 gram Act (33 U.S.C. 467j(a)(2)(B)) (as so redesig12 nated) is amended— 

13 (A) by striking ‘‘The amount’’ and insert14 ing the following: 

15 ‘‘(i) IN GENERAL.—The amount’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(ii) FISCAL YEAR 2014 AND SUBSE18 QUENT FISCAL YEARS.—For fiscal year 

19 2014 and each subsequent fiscal year, the 

20 amount of funds allocated to a State under 

21 this paragraph may not exceed the amount 

22 of funds committed by the State to imple23 ment dam safety activities.’’. 

24 (b) NATIONAL DAM INVENTORY.—Section 14(b) of 

25 the National Dam Safety Program Act (33 U.S.C. 

26 467j(b)) (as so redesignated) is amended by striking 
345 

†S 601 ES

1 ‘‘$650,000’’ and all that follows through ‘‘2011’’ and in2 serting ‘‘$500,000 for each of fiscal years 2014 through 

3 2018’’. 

4 (c) PUBLIC AWARENESS.—Section 14 of the National 

5 Dam Safety Program Act (33 U.S.C. 467j) (as so redesig6 nated) is amended— 

7 (1) by redesignating subsections (c) through (f) 

8 as subsections (d) through (g), respectively; and 

9 (2) by inserting after subsection (b) the fol10 lowing: 

11 ‘‘(c) PUBLIC AWARENESS.—There is authorized to be 

12 appropriated to carry out section 11 $1,000,000 for each 

13 of fiscal years 2014 through 2018.’’. 

14 (d) RESEARCH.—Section 14(d) of the National Dam 

15 Safety Program Act (as so redesignated) is amended by 

16 striking ‘‘$1,600,000’’ and all that follows through 

17 ‘‘2011’’ and inserting ‘‘$1,450,000 for each of fiscal years 

18 2014 through 2018’’. 

19 (e) DAM SAFETY TRAINING.—Section 14(e) of the 

20 National Dam Safety Program Act (as so redesignated) 

21 is amended by striking ‘‘$550,000’’ and all that follows 

22 through ‘‘2011’’ and inserting ‘‘$750,000 for each of fiscal 

23 years 2014 through 2018’’. 

24 (f) STAFF.—Section 14(f) of the National Dam Safe25 ty Program Act (as so redesignated) is amended by strik-
346 

†S 601 ES

1 ing ‘‘$700,000’’ and all that follows through ‘‘2011’’ and 

2 inserting ‘‘$1,000,000 for each of fiscal years 2014 

3 through 2018’’. 

4 TITLE X—INNOVATIVE 

5 FINANCING PILOT PROJECTS 

6 SEC. 10001. SHORT TITLE. 

7 This title may be cited as the ‘‘Water Infrastructure 

8 Finance and Innovation Act of 2013’’. 

9 SEC. 10002. PURPOSES. 

10 The purpose of this title is to establish a pilot pro11 gram to assess the ability of innovative financing tools 

12 to— 

13 (1) promote increased development of critical 

14 water resources infrastructure by establishing addi15 tional opportunities for financing water resources 

16 projects that complement but do not replace or re17 duce existing Federal infrastructure financing tools 

18 such as the State water pollution control revolving 

19 loan funds established under title VI of the Federal 

20 Water Pollution Control Act (33 U.S.C. 1381 et 

21 seq.) and the State drinking water treatment revolv22 ing loan funds established under section 1452 of the 

23 Safe Drinking Water Act (42 U.S.C. 300j–12); 

24 (2) attract new investment capital to infrastruc25 ture projects that are capable of generating revenue 
347 

†S 601 ES

1 streams through user fees or other dedicated fund2 ing sources; 

3 (3) complement existing Federal funding 

4 sources and address budgetary constraints on the 

5 Corps of Engineers civil works program and existing 

6 wastewater and drinking water infrastructure fi7 nancing programs; 

8 (4) leverage private investment in water re9 sources infrastructure; 

10 (5) align investments in water resources infra11 structure to achieve multiple benefits; and 

12 (6) assist communities facing significant water 

13 quality, drinking water, or flood risk challenges with 

14 the development of water infrastructure projects. 

15 SEC. 10003. DEFINITIONS. 

16 In this title: 

17 (1) ADMINISTRATOR.—The term ‘‘Adminis18 trator’’ means the Administrator of the Environ19 mental Protection Agency. 

20 (2) COMMUNITY WATER SYSTEM.—The term 

21 ‘‘community water system’’ has the meaning given 

22 the term in section 1401 of the Safe Drinking Water 

23 Act (42 U.S.C. 300f). 

24 (3) FEDERAL CREDIT INSTRUMENT.—The term 

25 ‘‘Federal credit instrument’’ means a secured loan 
348 

†S 601 ES

1 or loan guarantee authorized to be made available 

2 under this title with respect to a project. 

3 (4) INVESTMENT-GRADE RATING.—The term 

4 ‘‘investment-grade rating’’ means a rating of BBB 

5 minus, Baa3, bbb minus, BBB (low), or higher as6 signed by a rating agency to project obligations. 

7 (5) LENDER.— 

8 (A) IN GENERAL.—The term ‘‘lender’’ 

9 means any non-Federal qualified institutional 

10 buyer (as defined in section 230.144A(a) of 

11 title 17, Code of Federal Regulations (or a suc12 cessor regulation), known as Rule 144A(a) of 

13 the Securities and Exchange Commission and 

14 issued under the Securities Act of 1933 (15 

15 U.S.C. 77a et seq.)). 

16 (B) INCLUSIONS.—The term ‘‘lender’’ in17 cludes— 

18 (i) a qualified retirement plan (as de19 fined in section 4974(c) of the Internal 

20 Revenue Code of 1986) that is a qualified 

21 institutional buyer; and 

22 (ii) a governmental plan (as defined in 

23 section 414(d) of the Internal Revenue 

24 Code of 1986) that is a qualified institu25 tional buyer. 
349 

†S 601 ES

1 (6) LOAN GUARANTEE.—The term ‘‘loan guar2 antee’’ means any guarantee or other pledge by the 

3 Secretary or the Administrator to pay all or part of 

4 the principal of, and interest on, a loan or other debt 

5 obligation issued by an obligor and funded by a lend6 er. 

7 (7) OBLIGOR.—The term ‘‘obligor’’ means an 

8 eligible entity that is primarily liable for payment of 

9 the principal of, or interest on, a Federal credit in10 strument. 

11 (8) PROJECT OBLIGATION.— 

12 (A) IN GENERAL.—The term ‘‘project obli13 gation’’ means any note, bond, debenture, or 

14 other debt obligation issued by an obligor in 

15 connection with the financing of a project. 

16 (B) EXCLUSION.—The term ‘‘project obli17 gation’’ does not include a Federal credit in18 strument. 

19 (9) RATING AGENCY.—The term ‘‘rating agen20 cy’’ means a credit rating agency registered with the 

21 Securities and Exchange Commission as a nationally 

22 recognized statistical rating organization (as defined 

23 in section 3(a) of the Securities Exchange Act of 

24 1934 (15 U.S.C. 78c(a))). 
350 

†S 601 ES

1 (10) RURAL WATER INFRASTRUCTURE

2 PROJECT.—The term ‘‘rural water infrastructure 

3 project’’ means a project that— 

4 (A) is described in section 10007; and 

5 (B) is located in a water system that 

6 serves not more than 25,000 individuals. 

7 (11) SECURED LOAN.—The term ‘‘secured 

8 loan’’ means a direct loan or other debt obligation 

9 issued by an obligor and funded by the Secretary in 

10 connection with the financing of a project under sec11 tion 10010. 

12 (12) STATE.—The term ‘‘State’’ means— 

13 (A) a State; 

14 (B) the District of Columbia; 

15 (C) the Commonwealth of Puerto Rico; 

16 and 

17 (D) any other territory or possession of the 

18 United States. 

19 (13) STATE INFRASTRUCTURE FINANCING AU20 THORITY.—The term ‘‘State infrastructure financing 

21 authority’’ means the State entity established or des22 ignated by the Governor of a State to receive a cap23 italization grant provided by, or otherwise carry out 

24 the requirements of, title VI of the Federal Water 

25 Pollution Control Act (33 U.S.C. 1381 et. seq.) or 
351 

†S 601 ES

1 section 1452 of the Safe Drinking Water Act (42 

2 U.S.C. 300j–12). 

3 (14) SUBSIDY AMOUNT.—The term ‘‘subsidy 

4 amount’’ means the amount of budget authority suf5 ficient to cover the estimated long-term cost to the 

6 Federal Government of a Federal credit instrument, 

7 as calculated on a net present value basis, excluding 

8 administrative costs and any incidental effects on 

9 governmental receipts or outlays in accordance with 

10 the Federal Credit Reform Act of 1990 (2 U.S.C. 

11 661 et seq.). 

12 (15) SUBSTANTIAL COMPLETION.—The term 

13 ‘‘substantial completion’’, with respect to a project, 

14 means the earliest date on which a project is consid15 ered to perform the functions for which the project 

16 is designed. 

17 (16) TREATMENT WORKS.—The term ‘‘treat18 ment works’’ has the meaning given the term in sec19 tion 212 of the Federal Water Pollution Control Act 

20 (33 U.S.C. 1292). 

21 SEC. 10004. AUTHORITY TO PROVIDE ASSISTANCE. 

22 (a) IN GENERAL.—The Secretary and the Adminis23 trator may provide financial assistance under this title to 

24 carry out pilot projects, which shall be selected to ensure 

25 a diversity of project types and geographical locations. 
352 

†S 601 ES

1 (b) RESPONSIBILITY.— 

2 (1) SECRETARY.—The Secretary shall carry out 

3 all pilot projects under this title that are eligible 

4 projects under section 10007(1). 

5 (2) ADMINISTRATOR.—The Administrator shall 

6 carry out all pilot projects under this title that are 

7 eligible projects under paragraphs (2), (3), (4), (5), 

8 (6), and (8) of section 10007. 

9 (3) OTHER PROJECTS.—The Secretary or the 

10 Administrator, as applicable, may carry out eligible 

11 projects under paragraph (7) or (9) of section 

12 10007. 

13 SEC. 10005. APPLICATIONS. 

14 (a) IN GENERAL.—To receive assistance under this 

15 title, an eligible entity shall submit to the Secretary or 

16 the Administrator, as applicable, an application at such 

17 time, in such manner, and containing such information as 

18 the Secretary or the Administrator may require. 

19 (b) COMBINED PROJECTS.—In the case of an eligible 

20 project described in paragraph (8) or (9) of section 10007, 

21 the Secretary or the Administrator, as applicable, shall re22 quire the eligible entity to submit a single application for 

23 the combined group of projects. 
353 

†S 601 ES

1 SEC. 10006. ELIGIBLE ENTITIES. 

2 The following entities are eligible to receive assistance 

3 under this title: 

4 (1) A corporation. 

5 (2) A partnership. 

6 (3) A joint venture. 

7 (4) A trust. 

8 (5) A Federal, State, or local governmental en9 tity, agency, or instrumentality. 

10 (6) A tribal government or consortium of tribal 

11 governments. 

12 (7) A State infrastructure financing authority. 

13 SEC. 10007. PROJECTS ELIGIBLE FOR ASSISTANCE. 

14 The following projects may be carried out with 

15 amounts made available under this title: 

16 (1) A project for flood control or hurricane and 

17 storm damage reduction that the Secretary has de18 termined is technically sound, economically justified, 

19 and environmentally acceptable, including— 

20 (A) a structural or nonstructural measure 

21 to reduce flood risk, enhance stream flow, or 

22 protect natural resources; and 

23 (B) a levee, dam, tunnel, aqueduct, res24 ervoir, or other related water infrastructure. 

25 (2) 1 or more activities that are eligible for as26 sistance under section 603(c) of the Federal Water 
354 

†S 601 ES

1 Pollution Control Act (33 U.S.C. 1383(c)), notwith2 standing the public ownership requirement under 

3 paragraph (1) of that subsection. 

4 (3) 1 or more activities described in section 

5 1452(a)(2) of the Safe Drinking Water Act (42 

6 U.S.C. 300j–12(a)(2)). 

7 (4) A project for enhanced energy efficiency in 

8 the operation of a public water system or a publicly 

9 owned treatment works. 

10 (5) A project for repair, rehabilitation, or re11 placement of a treatment works, community water 

12 system, or aging water distribution or waste collec13 tion facility (including a facility that serves a popu14 lation or community of an Indian reservation). 

15 (6) A brackish or sea water desalination 

16 project, a managed aquifer recharge project, or a 

17 water recycling project. 

18 (7) Acquisition of real property or an interest 

19 in real property— 

20 (A) if the acquisition is integral to a 

21 project described in paragraphs (1) through (6); 

22 or 

23 (B) pursuant to an existing plan that, in 

24 the judgment of the Administrator or the Sec25 retary, as applicable, would mitigate the envi-
355 

†S 601 ES

1 ronmental impacts of water resources infra2 structure projects otherwise eligible for assist3 ance under this section. 

4 (8) A combination of projects, each of which is 

5 eligible under paragraph (2) or (3), for which a 

6 State infrastructure financing authority submits to 

7 the Administrator a single application. 

8 (9) A combination of projects secured by a com9 mon security pledge, each of which is eligible under 

10 paragraph (1), (2), (3), (4), (5), (6), or (7), for 

11 which an eligible entity, or a combination of eligible 

12 entities, submits a single application. 

13 SEC. 10008. ACTIVITIES ELIGIBLE FOR ASSISTANCE. 

14 For purposes of this title, an eligible activity with re15 spect to an eligible project includes the cost of— 

16 (1) development-phase activities, including plan17 ning, feasibility analysis (including any related anal18 ysis necessary to carry out an eligible project), rev19 enue forecasting, environmental review, permitting, 

20 preliminary engineering and design work, and other 

21 preconstruction activities; 

22 (2) construction, reconstruction, rehabilitation, 

23 and replacement activities; 

24 (3) the acquisition of real property or an inter25 est in real property (including water rights, land re-
356 

†S 601 ES

1 lating to the project, and improvements to land), en2 vironmental mitigation (including acquisitions pursu3 ant to section 10007(7)), construction contingencies, 

4 and acquisition of equipment; 

5 (4) capitalized interest necessary to meet mar6 ket requirements, reasonably required reserve funds, 

7 capital issuance expenses, and other carrying costs 

8 during construction; and 

9 (5) refinancing interim construction funding, 

10 long-term project obligations, or a secured loan or 

11 loan guarantee made under this title. 

12 SEC. 10009. DETERMINATION OF ELIGIBILITY AND 

13 PROJECT SELECTION. 

14 (a) ELIGIBILITY REQUIREMENTS.—To be eligible to 

15 receive financial assistance under this title, a project shall 

16 meet the following criteria, as determined by the Secretary 

17 or Administrator, as applicable: 

18 (1) CREDITWORTHINESS.— 

19 (A) IN GENERAL.—Subject to subpara20 graph (B), the project shall be creditworthy, 

21 which shall be determined by the Secretary or 

22 the Administrator, as applicable, who shall en23 sure that any financing for the project has ap24 propriate security features, such as a rate cov25 enant, to ensure repayment. 
357 

†S 601 ES

1 (B) PRELIMINARY RATING OPINION LET2 TER.—The Secretary or the Administrator, as 

3 applicable, shall require each project applicant 

4 to provide a preliminary rating opinion letter 

5 from at least 1 rating agency indicating that 

6 the senior obligations of the project (which may 

7 be the Federal credit instrument) have the po8 tential to achieve an investment-grade rating. 

9 (C) SPECIAL RULE FOR CERTAIN COM10 BINED PROJECTS.—The Administrator shall de11 velop a credit evaluation process for a Federal 

12 credit instrument provided to a State infra13 structure financing authority for a project 

14 under section 10007(8) or an entity for a 

15 project under section 10007(9), which may in16 clude requiring the provision of a preliminary 

17 rating opinion letter from at least 1 rating 

18 agency. 

19 (2) ELIGIBLE PROJECT COSTS.— 

20 (A) IN GENERAL.—Subject to subpara21 graph (B), the eligible project costs of a project 

22 shall be reasonably anticipated to be not less 

23 than $20,000,000. 

24 (B) RURAL WATER INFRASTRUCTURE

25 PROJECTS.—For rural water infrastructure 
358 

†S 601 ES

1 projects, the eligible project costs of a project 

2 shall be reasonably anticipated to be not less 

3 than $5,000,000. 

4 (3) DEDICATED REVENUE SOURCES.—The Fed5 eral credit instrument for the project shall be repay6 able, in whole or in part, from dedicated revenue 

7 sources that also secure the project obligations. 

8 (4) PUBLIC SPONSORSHIP OF PRIVATE ENTI9 TIES.—In the case of a project carried out by an en10 tity that is not a State or local government or an 

11 agency or instrumentality of a State or local govern12 ment or a tribal government or consortium of tribal 

13 governments, the project shall be publicly sponsored. 

14 (5) LIMITATION.—No project receiving Federal 

15 credit assistance under this title may be financed or 

16 refinanced (directly or indirectly), in whole or in 

17 part, with proceeds of any obligation— 

18 (A) the interest on which is exempt from 

19 the tax imposed under chapter 1 of the Internal 

20 Revenue Code of 1986; or 

21 (B) with respect to which credit is allow22 able under subpart I or J of part IV of sub23 chapter A of chapter 1 of such Code. 

24 (b) SELECTION CRITERIA.— 
359 

†S 601 ES

1 (1) ESTABLISHMENT.—The Secretary or the 

2 Administrator, as applicable, shall establish criteria 

3 for the selection of projects that meet the eligibility 

4 requirements of subsection (a), in accordance with 

5 paragraph (2). 

6 (2) CRITERIA.—The selection criteria shall in7 clude the following: 

8 (A) The extent to which the project is na9 tionally or regionally significant, with respect to 

10 the generation of economic and public benefits, 

11 such as— 

12 (i) the reduction of flood risk; 

13 (ii) the improvement of water quality 

14 and quantity, including aquifer recharge; 

15 (iii) the protection of drinking water; 

16 and 

17 (iv) the support of international com18 merce. 

19 (B) The extent to which the project financ20 ing plan includes public or private financing in 

21 addition to assistance under this title. 

22 (C) The likelihood that assistance under 

23 this title would enable the project to proceed at 

24 an earlier date than the project would otherwise 

25 be able to proceed. 
360 

†S 601 ES

1 (D) The extent to which the project uses 

2 new or innovative approaches. 

3 (E) The amount of budget authority re4 quired to fund the Federal credit instrument 

5 made available under this title. 

6 (F) The extent to which the project— 

7 (i) protects against extreme weather 

8 events, such as floods or hurricanes; or 

9 (ii) helps maintain or protect the envi10 ronment. 

11 (G) The extent to which a project serves 

12 regions with significant energy exploration, de13 velopment, or production areas. 

14 (H) The extent to which a project serves 

15 regions with significant water resource chal16 lenges, including the need to address— 

17 (i) water quality concerns in areas of 

18 regional, national, or international signifi19 cance; 

20 (ii) water quantity concerns related to 

21 groundwater, surface water, or other water 

22 sources; 

23 (iii) significant flood risk; 
361 

†S 601 ES

1 (iv) water resource challenges identi2 fied in existing regional, State, or 

3 multistate agreements; or 

4 (v) water resources with exceptional 

5 recreational value or ecological importance. 

6 (I) The extent to which assistance under 

7 this title reduces the contribution of Federal as8 sistance to the project. 

9 (3) SPECIAL RULE FOR CERTAIN COMBINED

10 PROJECTS.—For a project described in section 

11 10007(8), the Administrator shall only consider the 

12 criteria described in subparagraphs (B) through (I) 

13 of paragraph (2). 

14 (c) FEDERAL REQUIREMENTS.—Nothing in this sec15 tion supersedes the applicability of other requirements of 

16 Federal law (including regulations). 

17 SEC. 10010. SECURED LOANS. 

18 (a) AGREEMENTS.— 

19 (1) IN GENERAL.—Subject to paragraphs (2) 

20 through (4), the Secretary or the Administrator, as 

21 applicable, may enter into agreements with 1 or 

22 more obligors to make secured loans, the proceeds of 

23 which shall be used— 

24 (A) to finance eligible project costs of any 

25 project selected under section 10009; 
362 

†S 601 ES

1 (B) to refinance interim construction fi2 nancing of eligible project costs of any project 

3 selected under section 10009; or 

4 (C) to refinance long-term project obliga5 tions or Federal credit instruments, if that refi6 nancing provides additional funding capacity for 

7 the completion, enhancement, or expansion of 

8 any project that— 

9 (i) is selected under section 10009; or 

10 (ii) otherwise meets the requirements 

11 of section 10009. 

12 (2) LIMITATION ON REFINANCING OF INTERIM

13 CONSTRUCTION FINANCING.—A secured loan under 

14 paragraph (1) shall not be used to refinance interim 

15 construction financing under paragraph (1)(B) later 

16 than 1 year after the date of substantial completion 

17 of the applicable project. 

18 (3) FINANCIAL RISK ASSESSMENT.—Before en19 tering into an agreement under this subsection for 

20 a secured loan, the Secretary or the Administrator, 

21 as applicable, in consultation with the Director of 

22 the Office of Management and Budget and each rat23 ing agency providing a preliminary rating opinion 

24 letter under section 10009(a)(1)(B), shall determine 

25 an appropriate capital reserve subsidy amount for 
363 

†S 601 ES

1 the secured loan, taking into account each such pre2 liminary rating opinion letter. 

3 (4) INVESTMENT-GRADE RATING REQUIRE4 MENT.—The execution of a secured loan under this 

5 section shall be contingent on receipt by the senior 

6 obligations of the project of an investment-grade rat7 ing. 

8 (b) TERMS AND LIMITATIONS.— 

9 (1) IN GENERAL.—A secured loan provided for 

10 a project under this section shall be subject to such 

11 terms and conditions, and contain such covenants, 

12 representations, warranties, and requirements (in13 cluding requirements for audits), as the Secretary or 

14 the Administrator, as applicable, determines to be 

15 appropriate. 

16 (2) MAXIMUM AMOUNT.—The amount of a se17 cured loan under this section shall not exceed the 

18 lesser of— 

19 (A) an amount equal to 49 percent of the 

20 reasonably anticipated eligible project costs; and 

21 (B) if the secured loan does not receive an 

22 investment-grade rating, the amount of the sen23 ior project obligations of the project. 

24 (3) PAYMENT.—A secured loan under this sec25 tion— 
364 

†S 601 ES

1 (A) shall be payable, in whole or in part, 

2 from State or local taxes, user fees, or other 

3 dedicated revenue sources that also secure the 

4 senior project obligations of the relevant 

5 project; 

6 (B) shall include a rate covenant, coverage 

7 requirement, or similar security feature sup8 porting the project obligations; and 

9 (C) may have a lien on revenues described 

10 in subparagraph (A), subject to any lien secur11 ing project obligations. 

12 (4) INTEREST RATE.—The interest rate on a 

13 secured loan under this section shall be not less than 

14 the yield on United States Treasury securities of a 

15 similar maturity to the maturity of the secured loan 

16 on the date of execution of the loan agreement. 

17 (5) MATURITY DATE.— 

18 (A) IN GENERAL.—The final maturity date 

19 of a secured loan under this section shall be not 

20 later than 35 years after the date of substantial 

21 completion of the relevant project. 

22 (B) SPECIAL RULE FOR STATE INFRA23 STRUCTURE FINANCING AUTHORITIES.—The 

24 final maturity date of a secured loan to a State 

25 infrastructure financing authority under this 
365 

†S 601 ES

1 section shall be not later than 35 years after 

2 the date on which amounts are first disbursed. 

3 (6) NONSUBORDINATION.—A secured loan 

4 under this section shall not be subordinated to the 

5 claims of any holder of project obligations in the 

6 event of bankruptcy, insolvency, or liquidation of the 

7 obligor of the project. 

8 (7) FEES.—The Secretary or the Adminis9 trator, as applicable, may establish fees at a level 

10 sufficient to cover all or a portion of the costs to the 

11 Federal Government of making a secured loan under 

12 this section. 

13 (8) NON-FEDERAL SHARE.—The proceeds of a 

14 secured loan under this section may be used to pay 

15 any non-Federal share of project costs required if 

16 the loan is repayable from non-Federal funds. 

17 (9) MAXIMUM FEDERAL INVOLVEMENT.— 

18 (A) IN GENERAL.—Except as provided in 

19 subparagraph (B), for each project for which 

20 assistance is provided under this title, the total 

21 amount of Federal assistance shall not exceed 

22 80 percent of the total project cost. 

23 (B) EXCEPTION.—Subparagraph (A) shall 

24 not apply to any rural water project— 
366 

†S 601 ES

1 (i) that is authorized to be carried out 

2 by the Secretary of the Interior; 

3 (ii) that includes among its bene4 ficiaries a federally recognized Indian tribe; 

5 and 

6 (iii) for which the authorized Federal 

7 share of the total project costs is greater 

8 than the amount described in subpara9 graph (A). 

10 (c) REPAYMENT.— 

11 (1) SCHEDULE.—The Secretary or the Admin12 istrator, as applicable, shall establish a repayment 

13 schedule for each secured loan provided under this 

14 section, based on the projected cash flow from 

15 project revenues and other repayment sources. 

16 (2) COMMENCEMENT.— 

17 (A) IN GENERAL.—Scheduled loan repay18 ments of principal or interest on a secured loan 

19 under this section shall commence not later 

20 than 5 years after the date of substantial com21 pletion of the project. 

22 (B) SPECIAL RULE FOR STATE INFRA23 STRUCTURE FINANCING AUTHORITIES.—Sched24 uled loan repayments of principal or interest on 

25 a secured loan to a State infrastructure financ-
367 

†S 601 ES

1 ing authority under this title shall commence 

2 not later than 5 years after the date on which 

3 amounts are first disbursed. 

4 (3) DEFERRED PAYMENTS.— 

5 (A) AUTHORIZATION.—If, at any time 

6 after the date of substantial completion of a 

7 project for which a secured loan is provided 

8 under this section, the project is unable to gen9 erate sufficient revenues to pay the scheduled 

10 loan repayments of principal and interest on the 

11 secured loan, the Secretary or the Adminis12 trator, as applicable, subject to subparagraph 

13 (C), may allow the obligor to add unpaid prin14 cipal and interest to the outstanding balance of 

15 the secured loan. 

16 (B) INTEREST.—Any payment deferred 

17 under subparagraph (A) shall— 

18 (i) continue to accrue interest in ac19 cordance with subsection (b)(4) until fully 

20 repaid; and 

21 (ii) be scheduled to be amortized over 

22 the remaining term of the secured loan. 

23 (C) CRITERIA.— 

24 (i) IN GENERAL.—Any payment defer25 ral under subparagraph (A) shall be con-
368 

†S 601 ES

1 tingent on the project meeting such cri2 teria as the Secretary or the Adminis3 trator, as applicable, may establish. 

4 (ii) REPAYMENT STANDARDS.—The 

5 criteria established under clause (i) shall 

6 include standards for reasonable assurance 

7 of repayment. 

8 (4) PREPAYMENT.— 

9 (A) USE OF EXCESS REVENUES.—Any ex10 cess revenues that remain after satisfying 

11 scheduled debt service requirements on the 

12 project obligations and secured loan and all de13 posit requirements under the terms of any trust 

14 agreement, bond resolution, or similar agree15 ment securing project obligations may be ap16 plied annually to prepay a secured loan under 

17 this section without penalty. 

18 (B) USE OF PROCEEDS OF REFI19 NANCING.—A secured loan under this section 

20 may be prepaid at any time without penalty 

21 from the proceeds of refinancing from non-Fed22 eral funding sources. 

23 (d) SALE OF SECURED LOANS.— 

24 (1) IN GENERAL.—Subject to paragraph (2), as 

25 soon as practicable after the date of substantial 
369 

†S 601 ES

1 completion of a project and after providing a notice 

2 to the obligor, the Secretary or the Administrator, as 

3 applicable, may sell to another entity or reoffer into 

4 the capital markets a secured loan for a project 

5 under this section, if the Secretary or the Adminis6 trator, as applicable, determines that the sale or re7 offering can be made on favorable terms. 

8 (2) CONSENT OF OBLIGOR.—In making a sale 

9 or reoffering under paragraph (1), the Secretary or 

10 the Administrator, as applicable, may not change the 

11 original terms and conditions of the secured loan 

12 without the written consent of the obligor. 

13 (e) LOAN GUARANTEES.— 

14 (1) IN GENERAL.—The Secretary or the Admin15 istrator, as applicable, may provide a loan guarantee 

16 to a lender in lieu of making a secured loan under 

17 this section, if the Secretary or the Administrator, 

18 as applicable, determines that the budgetary cost of 

19 the loan guarantee is substantially the same as that 

20 of a secured loan. 

21 (2) TERMS.—The terms of a loan guarantee 

22 provided under this subsection shall be consistent 

23 with the terms established in this section for a se24 cured loan, except that the rate on the guaranteed 

25 loan and any prepayment features shall be nego-
370 

†S 601 ES

1 tiated between the obligor and the lender, with the 

2 consent of the Secretary or the Administrator, as 

3 applicable. 

4 SEC. 10011. PROGRAM ADMINISTRATION. 

5 (a) REQUIREMENT.—The Secretary or the Adminis6 trator, as applicable, shall establish a uniform system to 

7 service the Federal credit instruments made available 

8 under this title. 

9 (b) FEES.— 

10 (1) IN GENERAL.—The Secretary or the Admin11 istrator, as applicable, may collect and spend fees, 

12 contingent on authority being provided in appropria13 tions Acts, at a level that is sufficient to cover— 

14 (A) the costs of services of expert firms re15 tained pursuant to subsection (d); and 

16 (B) all or a portion of the costs to the 

17 Federal Government of servicing the Federal 

18 credit instruments provided under this title. 

19 (c) SERVICER.— 

20 (1) IN GENERAL.—The Secretary or the Admin21 istrator, as applicable, may appoint a financial entity 

22 to assist the Secretary or the Administrator in serv23 icing the Federal credit instruments provided under 

24 this title. 
371 

†S 601 ES

1 (2) DUTIES.—A servicer appointed under para2 graph (1) shall act as the agent for the Secretary or 

3 the Administrator, as applicable. 

4 (3) FEE.—A servicer appointed under para5 graph (1) shall receive a servicing fee, subject to ap6 proval by the Secretary or the Administrator, as ap7 plicable. 

8 (d) ASSISTANCE FROM EXPERTS.—The Secretary or 

9 the Administrator, as applicable, may retain the services, 

10 including counsel, of organizations and entities with exper11 tise in the field of municipal and project finance to assist 

12 in the underwriting and servicing of Federal credit instru13 ments provided under this title. 

14 (e) APPLICABILITY OF OTHER LAWS.—Section 513 

15 of the Federal Water Pollution Control Act (33 U.S.C. 

16 1372) applies to the construction of a project carried out, 

17 in whole or in part, with assistance made available through 

18 a Federal credit instrument under this title in the same 

19 manner that section applies to a treatment works for 

20 which a grant is made available under that Act. 

21 SEC. 10012. STATE, TRIBAL, AND LOCAL PERMITS. 

22 The provision of financial assistance for project under 

23 this title shall not— 
372 

†S 601 ES

1 (1) relieve any recipient of the assistance of any 

2 obligation to obtain any required State, local, or 

3 tribal permit or approval with respect to the project; 

4 (2) limit the right of any unit of State, local, 

5 or tribal government to approve or regulate any rate 

6 of return on private equity invested in the project; 

7 or 

8 (3) otherwise supersede any State, local, or 

9 tribal law (including any regulation) applicable to 

10 the construction or operation of the project. 

11 SEC. 10013. REGULATIONS. 

12 The Secretary or the Administrator, as applicable, 

13 may promulgate such regulations as the Secretary or Ad14 ministrator determines to be appropriate to carry out this 

15 title. 

16 SEC. 10014. FUNDING. 

17 (a) IN GENERAL.—There is authorized to be appro18 priated to each of the Secretary and the Administrator 

19 to carry out this title $50,000,000 for each of fiscal years 

20 2014 through 2018, to remain available until expended. 

21 (b) ADMINISTRATIVE COSTS.—Of the funds made 

22 available to carry out this title, the Secretary or the Ad23 ministrator, as applicable, may use for the administration 

24 of this title, including for the provision of technical assist25 ance to aid project sponsors in obtaining the necessary ap-
373 

†S 601 ES

1 provals for the project, not more than $2,200,000 for each 

2 of fiscal years 2014 through 2018. 

3 SEC. 10015. REPORT TO CONGRESS. 

4 Not later than 2 years after the date of enactment 

5 of this Act, and every 2 years thereafter, the Secretary 

6 or the Administrator, as applicable, shall submit to the 

7 Committee on Environment and Public Works of the Sen8 ate and the Committee on Transportation and Infrastruc9 ture of the House of Representatives a report summa10 rizing for the projects that are receiving, or have received, 

11 assistance under this title— 

12 (1) the financial performance of those projects, 

13 including a recommendation as to whether the objec14 tives of this title are being met; and 

15 (2) the public benefit provided by those 

16 projects, including, as applicable, water quality and 

17 water quantity improvement, the protection of drink18 ing water, and the reduction of flood risk. 

19 SEC. 10016. USE OF AMERICAN IRON, STEEL, AND MANU20 FACTURED GOODS. 

21 (a) IN GENERAL.—Except as provided in subsection 

22 (b), none of the amounts made available under this Act 

23 may be used for the construction, alteration, maintenance, 

24 or repair of a project eligible for assistance under this title 
374 

†S 601 ES

1 unless all of the iron, steel, and manufactured goods used 

2 in the project are produced in the United States. 

3 (b) EXCEPTION.—Subsection (a) shall not apply in 

4 any case or category of cases in which the Secretary finds 

5 that— 

6 (1) applying subsection (a) would be incon7 sistent with the public interest; 

8 (2) iron, steel, and the relevant manufactured 

9 goods are not produced in the United States in suffi10 cient and reasonably available quantities and of a 

11 satisfactory quality; or 

12 (3) inclusion of iron, steel, and manufactured 

13 goods produced in the United States will increase 

14 the cost of the overall project by more than 25 per15 cent. 

16 (c) PUBLIC NOTICE.—If the Secretary determines 

17 that it is necessary to waive the application of subsection 

18 (a) based on a finding under subsection (b), the Secretary 

19 shall publish in the Federal Register a detailed written 

20 justification as to why the provision is being waived. 

21 (d) INTERNATIONAL AGREEMENTS.—This section 

22 shall be applied in a manner consistent with United States 

23 obligations under international agreements. 
375 

†S 601 ES

1 TITLE XI—EXTREME WEATHER 

2 SEC. 11001. DEFINITION OF RESILIENT CONSTRUCTION 

3 TECHNIQUE. 

4 In this title, the term ‘‘resilient construction tech5 nique’’ means a construction method that— 

6 (1) allows a property— 

7 (A) to resist hazards brought on by a 

8 major disaster; and 

9 (B) to continue to provide the primary 

10 functions of the property after a major disaster; 

11 (2) reduces the magnitude or duration of a dis12 ruptive event to a property; and 

13 (3) has the absorptive capacity, adaptive capac14 ity, and recoverability to withstand a potentially dis15 ruptive event. 

16 SEC. 11002. STUDY ON RISK REDUCTION. 

17 (a) IN GENERAL.—Not later than 18 months after 

18 the date of enactment of this Act, the Secretary, in coordi19 nation with the Secretary of the Interior and the Secretary 

20 of Commerce, shall enter into an arrangement with the 

21 National Academy of Sciences to carry out a study and 

22 make recommendations relating to infrastructure and 

23 coastal restoration options for reducing risk to human life 

24 and property from extreme weather events, such as hurri25 canes, coastal storms, and inland flooding. 
376 

†S 601 ES

1 (b) CONSIDERATIONS.—The study under subsection 

2 (a) shall include— 

3 (1) an analysis of strategies and water re4 sources projects, including authorized water re5 sources projects that have not yet been constructed, 

6 and other projects implemented in the United States 

7 and worldwide to respond to risk associated with ex8 treme weather events; 

9 (2) an analysis of— 

10 (A) historical extreme weather events; 

11 (B) the ability of existing infrastructure to 

12 mitigate risks associated with extreme weather 

13 events; and 

14 (C) the reduction in long-term costs and 

15 vulnerability to infrastructure through the use 

16 of resilient construction techniques. 

17 (3) identification of proven, science-based ap18 proaches and mechanisms for ecosystem protection 

19 and identification of natural resources likely to have 

20 the greatest need for protection, restoration, and 

21 conservation so that the infrastructure and restora22 tion projects can continue safeguarding the commu23 nities in, and sustaining the economy of, the United 

24 States; 
377 

†S 601 ES

1 (4) an estimation of the funding necessary to 

2 improve infrastructure in the United States to re3 duce risk associated with extreme weather events; 

4 (5) an analysis of the adequacy of current fund5 ing sources and the identification of potential new 

6 funding sources to finance the necessary infrastruc7 ture improvements referred to in paragraph (3); and 

8 (6) an analysis of the Federal, State, and local 

9 costs of natural disasters and the potential cost-sav10 ings associated with implementing mitigation meas11 ures. 

12 (c) COORDINATION.—The National Academy of 

13 Sciences may cooperate with the National Academy of 

14 Public Administration to carry out 1 or more aspects of 

15 the study under subsection (a). 

16 (d) PUBLICATION.—Not later than 30 days after 

17 completion of the study under subsection (a), the National 

18 Academy of Sciences shall— 

19 (1) submit a copy of the study to the Com20 mittee on Environment and Public Works of the 

21 Senate and the Committee on Transportation and 

22 Infrastructure of the House of Representatives; and 

23 (2) make a copy of the study available on a 

24 publicly accessible Internet site. 
378 

†S 601 ES

1 SEC. 11003. GAO STUDY ON MANAGEMENT OF FLOOD, 

2 DROUGHT, AND STORM DAMAGE. 

3 (a) IN GENERAL.—Not later than 1 year after the 

4 date of enactment of this Act, the Comptroller General 

5 shall submit to the Committee on Environment and Public 

6 Works of the Senate and the Committee on Transpor7 tation and Infrastructure of the House of Representatives 

8 a study of the strategies used by the Corps of Engineers 

9 for the comprehensive management of water resources in 

10 response to floods, storms, and droughts, including an his11 torical review of the ability of the Corps of Engineers to 

12 manage and respond to historical drought, storm, and 

13 flood events. 

14 (b) CONSIDERATIONS.—The study under subsection 

15 (a) shall address— 

16 (1) the extent to which existing water manage17 ment activities of the Corps of Engineers can better 

18 meet the goal of addressing future flooding, drought, 

19 and storm damage risks, which shall include analysis 

20 of all historical extreme weather events that have 

21 been recorded during the previous 5 centuries as 

22 well as in the geological record; 

23 (2) whether existing water resources projects 

24 built or maintained by the Corps of Engineers, in25 cluding dams, levees, floodwalls, flood gates, and 

26 other appurtenant infrastructure were designed to 
379 

†S 601 ES

1 adequately address flood, storm, and drought im2 pacts and the extent to which the water resources 

3 projects have been successful at addressing those im4 pacts; 

5 (3) any recommendations for approaches for re6 pairing, rebuilding, or restoring infrastructure, land, 

7 and natural resources that consider the risks and 

8 vulnerabilities associated with past and future ex9 treme weather events; 

10 (4) whether a reevaluation of existing manage11 ment approaches of the Corps of Engineers could re12 sult in greater efficiencies in water management and 

13 project delivery that would enable the Corps of Engi14 neers to better prepare for, contain, and respond to 

15 flood, storm, and drought conditions; 

16 (5) any recommendations for improving the 

17 planning processes of the Corps of Engineers to pro18 vide opportunities for comprehensive management of 

19 water resources that increases efficiency and im20 proves response to flood, storm, and drought condi21 tions; 

22 (6) any recommendations on the use of resilient 

23 construction techniques to reduce future vulner24 ability from flood, storm, and drought conditions; 

25 and 
380 

†S 601 ES

1 (7) any recommendations for improving ap2 proaches to rebuilding or restoring infrastructure 

3 and natural resources that contribute to risk reduc4 tion, such as coastal wetlands, to prepare for flood 

5 and drought. 

6 SEC. 11004. POST-DISASTER WATERSHED ASSESSMENTS. 

7 (a) WATERSHED ASSESSMENTS.— 

8 (1) IN GENERAL.—In an area that the Presi9 dent has declared a major disaster in accordance 

10 with section 401 of the Robert T. Stafford Disaster 

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

12 5170), the Secretary may carry out a watershed as13 sessment to identify, to the maximum extent prac14 ticable, specific flood risk reduction, hurricane and 

15 storm damage reduction, ecosystem restoration, or 

16 navigation project recommendations that will help to 

17 rehabilitate and improve the resiliency of damaged 

18 infrastructure and natural resources to reduce risks 

19 to human life and property from future natural dis20 asters. 

21 (2) EXISTING PROJECTS.—A watershed assess22 ment carried out paragraph (1) may identify existing 

23 projects being carried out under 1 or more of the 

24 authorities referred to in subsection (b) (1). 
381 

†S 601 ES

1 (3) DUPLICATE WATERSHED ASSESSMENTS.— 

2 In carrying out a watershed assessment under para3 graph (1), the Secretary shall use all existing water4 shed assessments and related information developed 

5 by the Secretary or other Federal, State, or local en6 tities. 

7 (b) PROJECTS.— 

8 (1) IN GENERAL.—The Secretary may carry out 

9 1 or more small projects identified in a watershed 

10 assessment under subsection (a) that the Secretary 

11 would otherwise be authorized to carry out under— 

12 (A) section 205 of the Flood Control Act 

13 of 1948 (33 U.S.C. 701s); 

14 (B) section 111 of the River and Harbor 

15 Act of 1968 (33 U.S.C. 426i); 

16 (C) section 206 of the Water Resources 

17 Development Act of 1996 (33 U.S.C. 2330); 

18 (D) section 1135 of the Water Resources 

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

20 (E) section 107 of the River and Harbor 

21 Act of 1960 (33 U.S.C. 577); or 

22 (F) section 3 of the Act of August 13, 

23 1946 (33 U.S.C. 426g). 

24 (2) EXISTING PROJECTS.—In carrying out a 

25 project under paragraph (1), the Secretary shall— 
382 

†S 601 ES

1 (A) to the maximum extent practicable, 

2 use all existing information and studies avail3 able for the project; and 

4 (B) not require any element of a study 

5 completed for the project prior to the disaster 

6 to be repeated. 

7 (c) REQUIREMENTS.—All requirements applicable to 

8 a project under the Acts described in subsection (b) shall 

9 apply to the project. 

10 (d) LIMITATIONS ON ASSESSMENTS.— 

11 (1) IN GENERAL.—A watershed assessment 

12 under subsection (a) shall be initiated not later than 

13 2 years after the date on which the major disaster 

14 declaration is issued. 

15 (2) FEDERAL SHARE.—The Federal share of 

16 the cost of carrying out a watershed assessment 

17 under subsection (a) shall not exceed $1,000,000. 

18 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

20 $25,000,000 for each of fiscal years 2014 through 2018. 

21 SEC. 11005. AUTHORITY TO ACCEPT AND EXPEND NON-FED22 ERAL AMOUNTS. 

23 The Secretary is authorized to accept and expend 

24 amounts provided by non-Federal interests for the purpose 

25 of repairing, restoring, or replacing water resources 
383 

†S 601 ES

1 projects that have been damaged or destroyed as a result 

2 of a major disaster or other emergency if the Secretary 

3 determines that the acceptance and expenditure of those 

4 amounts is in the public interest. 

5 TITLE XII—NATIONAL 

6 ENDOWMENT FOR THE OCEANS 

7 SEC. 12001. SHORT TITLE. 

8 This title may be cited as the ‘‘National Endowment 

9 for the Oceans Act’’. 

10 SEC. 12002. PURPOSES. 

11 The purposes of this title are to protect, conserve, 

12 restore, and understand the oceans, coasts, and Great 

13 Lakes of the United States, ensuring present and future 

14 generations will benefit from the full range of ecological, 

15 economic, educational, social, cultural, nutritional, and 

16 recreational opportunities and services these resources are 

17 capable of providing. 

18 SEC. 12003. DEFINITIONS. 

19 In this title: 

20 (1) COASTAL SHORELINE COUNTY.—The term 

21 ‘‘coastal shoreline county’’ has the meaning given 

22 the term by the Administrator of the Federal Emer23 gency Management Agency for purposes of admin24 istering the National Flood Insurance Act of 1968 

25 (42 U.S.C. 4001 et seq.). 
384 

†S 601 ES

1 (2) COASTAL STATE.—The term ‘‘coastal 

2 State’’ has the meaning given the term ‘‘coastal 

3 state’’ in section 304 of the Coastal Zone Manage4 ment Act of 1972 (16 U.S.C. 1453). 

5 (3) CORPUS.—The term ‘‘corpus’’, with respect 

6 to the Endowment fund, means an amount equal to 

7 the Federal payments to such fund, amounts con8 tributed to the fund from non-Federal sources, and 

9 appreciation from capital gains and reinvestment of 

10 income. 

11 (4) ENDOWMENT.—The term ‘‘Endowment’’ 

12 means the endowment established under subsection 

13 (a). 

14 (5) ENDOWMENT FUND.—The term ‘‘Endow15 ment fund’’ means a fund, or a tax-exempt founda16 tion, established and maintained pursuant to this 

17 title by the Foundation for the purposes described in 

18 section 12004(a). 

19 (6) FOUNDATION.—The term ‘‘Foundation’’ 

20 means the National Fish and Wildlife Foundation 

21 established by section 2(a) of the National Fish and 

22 Wildlife Foundation Establishment Act (16 U.S.C. 

23 3701(a)). 

24 (7) INCOME.—The term ‘‘income’’, with respect 

25 to the Endowment fund, means an amount equal to 
385 

†S 601 ES

1 the dividends and interest accruing from investments 

2 of the corpus of such fund. 

3 (8) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

4 has the meaning given that term in section 4 of the 

5 Indian Self-Determination and Education Assistance 

6 Act (25 U.S.C. 450b). 

7 (9) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Commerce. 

9 (10) TIDAL SHORELINE.—The term ‘‘tidal 

10 shoreline’’ has the meaning given that term pursu11 ant to section 923.110(c)(2)(i) of title 15, Code of 

12 Federal Regulations, or a similar successor regula13 tion. 

14 SEC. 12004. NATIONAL ENDOWMENT FOR THE OCEANS. 

15 (a) ESTABLISHMENT.—The Secretary and the Foun16 dation are authorized to establish the National Endow17 ment for the Oceans as a permanent Endowment fund, 

18 in accordance with this section, to further the purposes 

19 of this title and to support the programs established under 

20 this title. 

21 (b) AGREEMENTS.—The Secretary and the Founda22 tion may enter into such agreements as may be necessary 

23 to carry out the purposes of this title. 
386 

†S 601 ES

1 (c) DEPOSITS.—There shall be deposited in the 

2 Fund, which shall constitute the assets of the Fund, 

3 amounts as follows: 

4 (1) Amounts appropriated or otherwise made 

5 available to carry out this title. 

6 (2) Amounts earned through investment under 

7 subsection (d). 

8 (d) INVESTMENTS.—The Foundation shall invest the 

9 Endowment fund corpus and income for the benefit of the 

10 Endowment. 

11 (e) REQUIREMENTS.—Any amounts received by the 

12 Foundation pursuant to this title shall be subject to the 

13 provisions of the National Fish and Wildlife Establish14 ment Act (16 U.S.C. 3701 et seq.), except the provisions 

15 of section 10(a) of that Act (16 U.S.C. 3709(a)). 

16 (f) WITHDRAWALS AND EXPENDITURES.— 

17 (1) ALLOCATION OF FUNDS.—Each fiscal year, 

18 the Foundation shall, in consultation with the Sec19 retary, allocate an amount equal to not less than 3 

20 percent and not more than 7 percent of the corpus 

21 of the Endowment fund and the income generated 

22 from the Endowment fund from the current fiscal 

23 year. 
387 

†S 601 ES

1 (2) EXPENDITURE.—Except as provided in 

2 paragraph (3), of the amounts allocated under para3 graph (1) for each fiscal year— 

4 (A) at least 59 percent shall be used by the 

5 Foundation to award grants to coastal States 

6 under section 12006(b); 

7 (B) at least 39 percent shall be allocated 

8 by the Foundation to award grants under sec9 tion 12006(c); and 

10 (C) no more than 2 percent may be used 

11 by the Secretary and the Foundation for ad12 ministrative expenses to carry out this title, 

13 which amount shall be divided between the Sec14 retary and the Foundation pursuant to an 

15 agreement reached and documented by both the 

16 Secretary and the Foundation. 

17 (3) PROGRAM ADJUSTMENTS.— 

18 (A) IN GENERAL.—In any fiscal year in 

19 which the amount described in subparagraph 

20 (B) is less than $100,000,000, the Foundation, 

21 in consultation with the Secretary, may elect 

22 not to use any of the amounts allocated under 

23 paragraph (1) for that fiscal year to award 

24 grants under section 12006(b). 
388 

†S 601 ES

1 (B) DETERMINATION AMOUNT.—The 

2 amount described in this subparagraph for a 

3 fiscal year is the amount that is equal to the 

4 sum of— 

5 (i) the amount that is 5 percent of the 

6 corpus of the Endowment fund; and 

7 (ii) the aggregate amount of income 

8 the Foundation expects to be generated 

9 from the Endowment fund in that fiscal 

10 year. 

11 (g) RECOVERY OF PAYMENTS.—After notice and an 

12 opportunity for a hearing, the Secretary is authorized to 

13 recover any Federal payments under this section if the 

14 Foundation— 

15 (1) makes a withdrawal or expenditure of the 

16 corpus of the Endowment fund or the income of the 

17 Endowment fund that is not consistent with the re18 quirements of section 12005; or 

19 (2) fails to comply with a procedure, measure, 

20 method, or standard established under section 

21 12006(a)(1). 

22 SEC. 12005. ELIGIBLE USES. 

23 (a) IN GENERAL.—Amounts in the Endowment may 

24 be allocated by the Foundation to support programs and 

25 activities intended to restore, protect, maintain, or under-
389 

†S 601 ES

1 stand living marine resources and their habitats and 

2 ocean, coastal, and Great Lakes resources, including base3 line scientific research, ocean observing, and other pro4 grams and activities carried out in coordination with Fed5 eral and State departments or agencies, that are con6 sistent with Federal environmental laws and that avoid en7 vironmental degradation, including the following: 

8 (1) Ocean, coastal, and Great Lakes restoration 

9 and protection, including the protection of the envi10 ronmental integrity of such areas, and their related 

11 watersheds, including efforts to mitigate potential 

12 impacts of sea level change, changes in ocean chem13 istry, and changes in ocean temperature. 

14 (2) Restoration, protection, or maintenance of 

15 living ocean, coastal, and Great Lakes resources and 

16 their habitats, including marine protected areas and 

17 riparian migratory habitat of coastal and marine 

18 species. 

19 (3) Planning for and managing coastal develop20 ment to enhance ecosystem integrity or minimize im21 pacts from sea level change and coastal erosion. 

22 (4) Analyses of current and anticipated impacts 

23 of ocean acidification and assessment of potential ac24 tions to minimize harm to ocean, coastal, and Great 

25 Lakes ecosystems. 
390 

†S 601 ES

1 (5) Analyses of, and planning for, current and 

2 anticipated uses of ocean, coastal, and Great Lakes 

3 areas. 

4 (6) Regional, subregional, or site-specific man5 agement efforts designed to manage, protect, or re6 store ocean, coastal, and Great Lakes resources and 

7 ecosystems. 

8 (7) Research, assessment, monitoring, observa9 tion, modeling, and sharing of scientific information 

10 that contribute to the understanding of ocean, coast11 al, and Great Lakes ecosystems and support the 

12 purposes of this title. 

13 (8) Efforts to understand better the processes 

14 that govern the fate and transport of petroleum hy15 drocarbons released into the marine environment 

16 from natural and anthropogenic sources, including 

17 spills. 

18 (9) Efforts to improve spill response and pre19 paredness technologies. 

20 (10) Acquiring property or interests in property 

21 in coastal and estuarine areas, if such property or 

22 interest is acquired in a manner that will ensure 

23 such property or interest will be administered to 

24 support the purposes of this title. 
391 

†S 601 ES

1 (11) Protection and relocation of critical coastal 

2 public infrastructure affected by erosion or sea level 

3 change. 

4 (b) MATCHING REQUIREMENT.—An amount from the 

5 Endowment may not be allocated to fund a project or ac6 tivity described in paragraph (10) or (11) of subsection 

7 (a) unless non-Federal contributions in an amount equal 

8 to 30 percent or more of the cost of such project or activity 

9 is made available to carry out such project or activity. 

10 (c) CONSIDERATIONS FOR GREAT LAKES STATES.— 

11 Programs and activities funded in Great Lakes States 

12 shall also seek to attain the goals embodied in the Great 

13 Lakes Restoration Initiative Plan, the Great Lakes Re14 gional Collaboration Strategy, the Great Lakes Water 

15 Quality Agreement, or other collaborative planning efforts 

16 of the Great Lakes Region. 

17 (d) PROHIBITION ON USE OF FUNDS FOR LITIGA18 TION.—No funds made available under this title may be 

19 used to fund litigation over any matter. 

20 SEC. 12006. GRANTS. 

21 (a) ADMINISTRATION OF GRANTS.— 

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

23 the date of the enactment of this Act, the Founda24 tion shall establish the following: 
392 

†S 601 ES

1 (A) Application and review procedures for 

2 the awarding of grants under this section, in3 cluding requirements ensuring that any 

4 amounts awarded under such subsections may 

5 only be used for an eligible use described under 

6 section 12005. 

7 (B) Approval procedures for the awarding 

8 of grants under this section that require con9 sultation with the Secretary of Commerce and 

10 the Secretary of the Interior. 

11 (C) Eligibility criteria for awarding 

12 grants— 

13 (i) under subsection (b) to coastal 

14 States; and 

15 (ii) under subsection (c) to entities in16 cluding States, Indian tribes, regional bod17 ies, associations, non-governmental organi18 zations, and academic institutions. 

19 (D) Performance accountability and moni20 toring measures for programs and activities 

21 funded by a grant awarded under subsection (b) 

22 or (c). 

23 (E) Procedures and methods to ensure ac24 curate accounting and appropriate administra-
393 

†S 601 ES

1 tion grants awarded under this section, includ2 ing standards of record keeping. 

3 (F) Procedures to carry out audits of the 

4 Endowment as necessary, but not less fre5 quently than once every 5 years. 

6 (G) Procedures to carry out audits of the 

7 recipients of grants under this section. 

8 (2) APPROVAL PROCEDURES.— 

9 (A) SUBMITTAL.—The Foundation shall 

10 submit to the Secretary each procedure, meas11 ure, method, and standard established under 

12 paragraph (1). 

13 (B) DETERMINATION AND NOTICE.—Not 

14 later than 90 days after receiving the proce15 dures, measures, methods, and standards under 

16 subparagraph (A), the Secretary shall— 

17 (i) determine whether to approve or 

18 disapprove of such procedures, measures, 

19 methods, and standards; and 

20 (ii) notify the Foundation of such de21 termination. 

22 (C) JUSTIFICATION OF DISAPPROVAL.—If 

23 the Secretary disapproves of the procedures, 

24 measures, methods, and standards under sub25 paragraph (B), the Secretary shall include in 
394 

†S 601 ES

1 notice submitted under clause (ii) of such sub2 paragraph the rationale for such disapproval. 

3 (D) RESUBMITTAL.—Not later than 30 

4 days after the Foundation receives notification 

5 under subparagraph (B)(ii) that the Secretary 

6 has disapproved the procedures, measures, 

7 methods, and standards, the Foundation shall 

8 revise such procedures, measures, methods, and 

9 standards and submit such revised procedures, 

10 measures, methods, and standards to the Sec11 retary. 

12 (E) REVIEW OF RESUBMITTAL.—Not later 

13 than 30 days after receiving revised procedures, 

14 measures, methods, and standards resubmitted 

15 under subparagraph (D), the Secretary shall— 

16 (i) determine whether to approve or 

17 disapprove the revised procedures, meas18 ures, methods, and standards; and 

19 (ii) notify the Foundation of such de20 termination. 

21 (b) GRANTS TO COASTAL STATES.— 

22 (1) IN GENERAL.—Subject to paragraphs (3) 

23 and (4), the Foundation shall award grants of 

24 amounts allocated under section 12004(e)(2)(A) to 
395 

†S 601 ES

1 eligible coastal States, based on the following for2 mula: 

3 (A) Fifty percent of the funds are allocated 

4 equally among eligible coastal States. 

5 (B) Twenty-five percent of the funds are 

6 allocated on the basis of the ratio of tidal shore7 line miles in a coastal State to the tidal shore8 line miles of all coastal States. 

9 (C) Twenty-five percent of the funds are 

10 allocated on the basis of the ratio of population 

11 density of the coastal shoreline counties of a 

12 coastal State to the population density of all 

13 coastal shoreline counties. 

14 (2) ELIGIBLE COASTAL STATES.—For purposes 

15 of paragraph (1), an eligible coastal State includes— 

16 (A) a coastal State that has a coastal man17 agement program approved under the Coastal 

18 Zone Management Act of 1972 (16 U.S.C. 

19 1451 et seq.); and 

20 (B) during the period beginning on the 

21 date of the enactment of this Act and ending on 

22 December 31, 2018, a coastal State that had, 

23 during the period beginning January 1, 2008, 

24 and ending on the date of the enactment of this 
396 

†S 601 ES

1 Act, a coastal management program approved 

2 as described in subparagraph (A). 

3 (3) MAXIMUM ALLOCATION TO STATES.—Not4 withstanding paragraph (1), not more than 10 per5 cent of the total funds distributed under this sub6 section may be allocated to any single State. Any 

7 amount exceeding this limit shall be redistributed 

8 among the remaining States according to the for9 mula established under paragraph (1). 

10 (4) MAXIMUM ALLOCATION TO CERTAIN GEO11 GRAPHIC AREAS.— 

12 (A) IN GENERAL.—Notwithstanding para13 graph (1), each geographic area described in 

14 subparagraph (B) may not receive more than 1 

15 percent of the total funds distributed under this 

16 subsection. Any amount exceeding this limit 

17 shall be redistributed among the remaining 

18 States according to the formula established 

19 under paragraph (1). 

20 (B) GEOGRAPHIC AREAS DESCRIBED.— 

21 The geographic areas described in this subpara22 graph are the following: 

23 (i) American Samoa. 

24 (ii) The Commonwealth of the North25 ern Mariana Islands. 
397 

†S 601 ES

1 (iii) Guam. 

2 (iv) Puerto Rico. 

3 (v) The Virgin Islands. 

4 (5) REQUIREMENT TO SUBMIT PLANS.— 

5 (A) IN GENERAL.—To be eligible to receive 

6 a grant under this subsection, a coastal State 

7 shall submit to the Secretary, and the Secretary 

8 shall review, a 5-year plan, which shall include 

9 the following: 

10 (i) A prioritized list of goals the coast11 al State intends to achieve during the time 

12 period covered by the 5-year plan. 

13 (ii) Identification and general descrip14 tions of existing State projects or activities 

15 that contribute to realization of such goals, 

16 including a description of the entities con17 ducting those projects or activities. 

18 (iii) General descriptions of projects 

19 or activities, consistent with the eligible 

20 uses described in section 12005, applicable 

21 provisions of law relating to the environ22 ment, and existing Federal ocean policy, 

23 that could contribute to realization of such 

24 goals. 
398 

†S 601 ES

1 (iv) Criteria to determine eligibility 

2 for entities which may receive grants under 

3 this subsection. 

4 (v) A description of the competitive 

5 process the coastal State will use in allo6 cating funds received from the Endow7 ment, except in the case of allocating funds 

8 under paragraph (7), which shall include— 

9 (I) a description of the relative 

10 roles in the State competitive process 

11 of the State coastal zone management 

12 program approved under the Coastal 

13 Zone Management Act of 1972 (16 

14 U.S.C. 1451 et seq.) and any State 

15 Sea Grant Program; and 

16 (II) a demonstration that such 

17 competitive process is consistent with 

18 the application and review procedures 

19 established by the Foundation under 

20 subsection (a)(1). 

21 (B) UPDATES.—As a condition of receiving 

22 a grant under this subsection, a coastal State 

23 shall submit to the Secretary, not less fre24 quently than once every 5 years, an update to 

25 the plan submitted by the coastal State under 
399 

†S 601 ES

1 subparagraph (A) for the 5-year period imme2 diately following the most recent submittal 

3 under this paragraph. 

4 (6) OPPORTUNITY FOR PUBLIC COMMENT.—In 

5 determining whether to approve a plan or an update 

6 to a plan described in subparagraph (A) or (B) of 

7 paragraph (5), the Secretary shall provide the oppor8 tunity for, and take into consideration, public input 

9 and comment on the plan. 

10 (7) APPROVAL PROCEDURE.— 

11 (A) IN GENERAL.—Not later than 30 days 

12 after the opportunity for public comment on a 

13 plan or an update to a plan of a coastal State 

14 under paragraph (6), the Secretary shall notify 

15 such coastal State that the Secretary— 

16 (i) approves the plan as submitted; or 

17 (ii) disapproves the plan as submitted. 

18 (B) DISAPPROVAL.—If the Secretary dis19 approves a proposed plan or an update of a 

20 plan submitted under subparagraph (A) or (B) 

21 of paragraph (5), the Secretary shall provide 

22 notice of such disapproval to the submitting 

23 coastal State in writing, and include in such no24 tice the rationale for the Secretary’s decision. 
400 

†S 601 ES

1 (C) RESUBMITTAL.—If the Secretary dis2 approves a plan of a coastal State under sub3 paragraph (A), the coastal State shall resubmit 

4 the plan to the Secretary not later than 30 days 

5 after receiving the notice of disapproval under 

6 subparagraph (B). 

7 (D) REVIEW OF RESUBMITTAL.—Not later 

8 than 60 days after receiving a plan resubmitted 

9 under subparagraph (C), the Secretary shall re10 view the plan. 

11 (8) INDIAN TRIBES.—As a condition on receipt 

12 of a grant under this subsection, a State that re13 ceives a grant under this subsection shall ensure 

14 that Indian tribes in the State are eligible to partici15 pate in the competitive process described in the 

16 State’s plan under paragraph (5)(A)(v). 

17 (c) NATIONAL GRANTS FOR OCEANS, COASTS, AND

18 GREAT LAKES.— 

19 (1) IN GENERAL.—The Foundation may use 

20 amounts allocated under section 12004(e)(2)(B) to 

21 award grants according to the procedures estab22 lished in subsection (a) to support activities con23 sistent with section 12005. 

24 (2) ADVISORY PANEL.— 
401 

†S 601 ES

1 (A) IN GENERAL.—The Foundation shall 

2 establish an advisory panel to conduct reviews 

3 of applications for grants under paragraph (1) 

4 and the Foundation shall consider the rec5 ommendations of the Advisory Panel with re6 spect to such applications. 

7 (B) MEMBERSHIP.—The advisory panel es8 tablished under subparagraph (A) shall include 

9 persons representing a balanced and diverse 

10 range, as determined by the Foundation, of— 

11 (i) ocean, coastal, and Great Lakes 

12 dependent industries; 

13 (ii) geographic regions; 

14 (iii) nonprofit conservation organiza15 tions with a mission that includes the con16 servation and protection of living marine 

17 resources and their habitats; and 

18 (iv) academic institutions with strong 

19 scientific or technical credentials and expe20 rience in marine science or policy. 

21 SEC. 12007. ANNUAL REPORT. 

22 (a) REQUIREMENT FOR ANNUAL REPORT.—Begin23 ning with fiscal year 2014, not later than 60 days after 

24 the end of each fiscal year, the Foundation shall submit 

25 to the Committee on Commerce, Science, and Transpor-
402 

†S 601 ES

1 tation of the Senate and the Committee on Natural Re2 sources of the House of Representatives a report on the 

3 operation of the Endowment during the fiscal year. 

4 (b) CONTENT.—Each annual report submitted under 

5 subsection (a) for a fiscal year shall include— 

6 (1) a statement of the amounts deposited in the 

7 Endowment and the balance remaining in the En8 dowment at the end of the fiscal year; and 

9 (2) a description of the expenditures made from 

10 the Endowment for the fiscal year, including the 

11 purpose of the expenditures. 

12 SEC. 12008. TULSA PORT OF CATOOSA, ROGERS COUNTY, 

13 OKLAHOMA LAND EXCHANGE. 

14 (a) DEFINITIONS.—In this section: 

15 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

16 means the approximately 87 acres of land situated 

17 in Rogers County, Oklahoma, contained within 

18 United States Tracts 413 and 427, and acquired for 

19 the McClellan-Kerr Arkansas Navigation System. 

20 (2) NON-FEDERAL LAND.—The term ‘‘non-Fed21 eral land’’ means the approximately 34 acres of land 

22 situated in Rogers County, Oklahoma and owned by 

23 the Tulsa Port of Catoosa that lie immediately south 

24 and east of the Federal land. 
403 

†S 601 ES

1 (b) LAND EXCHANGE.—Subject to subsection (c), on 

2 conveyance by the Tulsa Port of Catoosa to the United 

3 States of all right, title, and interest in and to the non4 Federal land, the Secretary shall convey to the Tulsa Port 

5 of Catoosa, all right, title, and interest of the United 

6 States in and to the Federal land. 

7 (c) CONDITIONS.— 

8 (1) DEEDS.— 

9 (A) DEED TO NON-FEDERAL LAND.—The 

10 Secretary may only accept conveyance of the 

11 non-Federal land by warranty deed, as deter12 mined acceptable by the Secretary. 

13 (B) DEED TO FEDERAL LAND.—The Sec14 retary shall convey the Federal land to the 

15 Tulsa Port of Catoosa by quitclaim deed and 

16 subject to any reservations, terms, and condi17 tions that the Secretary determines necessary 

18 to— 

19 (i) allow the United States to operate 

20 and maintain the McClellan-Kerr Arkansas 

21 River Navigation System; and 

22 (ii) protect the interests of the United 

23 States. 

24 (2) LEGAL DESCRIPTIONS.—The exact acreage 

25 and legal descriptions of the Federal land and the 
404 

†S 601 ES

1 non-Federal land shall be determined by surveys ac2 ceptable to the Secretary. 

3 (3) PAYMENT OF COSTS.—The Tulsa Port of 

4 Catoosa shall be responsible for all costs associated 

5 with the land exchange authorized by this section, 

6 including any costs that the Secretary determines 

7 necessary and reasonable in the interest of the 

8 United States, including surveys, appraisals, real es9 tate transaction fees, administrative costs, and envi10 ronmental documentation. 

11 (4) CASH PAYMENT.—If the appraised fair mar12 ket value of the Federal land, as determined by the 

13 Secretary, exceeds the appraised fair market value of 

14 the non-Federal land, as determined by the Sec15 retary, the Tulsa Port of Catoosa shall make a cash 

16 payment to the United States reflecting the dif17 ference in the appraised fair market values. 

18 (5) LIABILITY.—The Tulsa Port of Catoosa 

19 shall hold and save the United States free from 

20 damages arising from activities carried out under 

21 this section, except for damages due to the fault or 

22 negligence of the United States or a contractor of 

23 the United States. 
405 

†S 601 ES

1 TITLE XIII—MISCELLANEOUS 

2 SEC. 13001. APPLICABILITY OF SPILL PREVENTION, CON3 TROL, AND COUNTERMEASURE RULE. 

4 (a) DEFINITIONS.—In this title: 

5 (1) ADMINISTRATOR.—The term ‘‘Adminis6 trator’’ means the Administrator of the Environ7 mental Protection Agency. 

8 (2) FARM.—The term ‘‘farm’’ has the meaning 

9 given the term in section 112.2 of title 40, Code of 

10 Federal Regulations (or successor regulations). 

11 (3) GALLON.—The term ‘‘gallon’’ means a 

12 United States liquid gallon. 

13 (4) OIL.—The term ‘‘oil’’ has the meaning 

14 given the term in section 112.2 of title 40, Code of 

15 Federal Regulations (or successor regulations). 

16 (5) OIL DISCHARGE.—The term ‘‘oil discharge’’ 

17 has the meaning given the term ‘‘discharge’’ in sec18 tion 112.2 of title 40, Code of Federal Regulations 

19 (or successor regulations). 

20 (6) REPORTABLE OIL DISCHARGE HISTORY.— 

21 The term ‘‘reportable oil discharge history’’ has the 

22 meaning used to describe the legal requirement to 

23 report a discharge of oil under applicable law. 

24 (7) SPILL PREVENTION, CONTROL, AND COUN25 TERMEASURE RULE.—The term ‘‘Spill Prevention, 
406 

†S 601 ES

1 Control, and Countermeasure rule’’ means the regu2 lation, including amendments, promulgated by the 

3 Administrator under part 112 of title 40, Code of 

4 Federal Regulations (or successor regulations). 

5 (b) CERTIFICATION.—In implementing the Spill Pre6 vention, Control, and Countermeasure rule with respect to 

7 any farm, the Administrator shall— 

8 (1) require certification of compliance with the 

9 rule by— 

10 (A) a professional engineer for a farm 

11 with— 

12 (i) an individual tank with an above13 ground storage capacity greater than 

14 10,000 gallons; 

15 (ii) an aggregate aboveground storage 

16 capacity greater than or equal to 20,000 

17 gallons; or 

18 (iii) a reportable oil discharge history; 

19 or 

20 (B) the owner or operator of the farm (via 

21 self-certification) for a farm with— 

22 (i) an aggregate aboveground storage 

23 capacity not more than 20,000 gallons and 

24 not less than the lesser of— 

25 (I) 6,000 gallons; or 
407 

†S 601 ES

1 (II) the adjustment described in 

2 subsection (d)(2); and 

3 (ii) no reportable oil discharge history 

4 of oil; and 

5 (2) not require a certification of a statement of 

6 compliance with the rule— 

7 (A) subject to subsection (d), with an ag8 gregate aboveground storage capacity of not 

9 less than 2,500 gallons and not more than 

10 6,000 gallons; and 

11 (B) no reportable oil discharge history; and 

12 (3) not require a certification of a statement of 

13 compliance with the rule for an aggregate above14 ground storage capacity of not more than 2,500 gal15 lons. 

16 (c) CALCULATION OF AGGREGATE ABOVEGROUND

17 STORAGE CAPACITY.—For purposes of subsection (b), the 

18 aggregate aboveground storage capacity of a farm ex19 cludes— 

20 (1) all containers on separate parcels that have 

21 a capacity that is 1,000 gallons or less; and 

22 (2) all containers holding animal feed ingredi23 ents approved for use in livestock feed by the Com24 missioner of Food and Drugs. 

25 (d) STUDY.— 
408 

†S 601 ES

1 (1) IN GENERAL.—Not later than 12 months of 

2 the date of enactment of this Act, the Administrator, 

3 in consultation with the Secretary of Agriculture, 

4 shall conduct a study to determine the appropriate 

5 exemption under subsection (b)(2)(A) and (b)(1)(B) 

6 to not more than 6,000 gallons and not less than 

7 2,500 gallons, based on a significant risk of dis8 charge to water. 

9 (2) ADJUSTMENT.—Not later than 18 months 

10 after the date on which the study described in para11 graph (1) is complete, the Administrator, in con12 sultation with the Secretary of Agriculture, shall 

13 promulgate a rule to adjust the exemption levels de14 scribed in subsection (b)(2)(A) and (b)(1)(B) in ac15 cordance with the study. 

16 SEC. 13002. AMERICA THE BEAUTIFUL NATIONAL PARKS 

17 AND FEDERAL RECREATIONAL LANDS PASS 

18 PROGRAM. 

19 The Secretary may participate in the America the 

20 Beautiful National Parks and Federal Recreational Lands 

21 Pass program in the same manner as the National Park 

22 Service, the Bureau of Land Management, the United 

23 States Fish and Wildlife Service, the Forest Service, and 

24 the Bureau of Reclamation, including the provision of free 
409 

†S 601 ES

1 annual passes to active duty military personnel and de2 pendents. 

Passed the Senate May 15, 2013. 

Attest: 

Secretary. 
113TH CONGRESS 

1ST SESSION S. 601 

AN ACT 

To provide for the conservation and development of 

United States, and for other purposes. for improvements to rivers and harbors of the retary of the Army to construct various projects water and related resources, to authorize the Sec-