II 

113TH CONGRESS 

1ST SESSION S. 601 

To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various 

projects for improvements to rivers and harbors of the United States, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 18, 2013 

Mrs. BOXER (for herself and Mr. VITTER) introduced the following bill; which 

was read twice and referred to the Committee on Environment and Public 

Works 

A BILL 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

7 this Act is as follows: 


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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. 

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. 

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. 


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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. 

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. 

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. Northern Rockies headwaters extreme weather mitigation. 

TITLE VI—LEVEE SAFETY 

Sec. 6001. Short title. 

Sec. 6002. Findings; purposes. 

Sec. 6003. Definitions. 

Sec. 6004. National levee safety program. 

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. 


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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. 

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. Civil works program of the Corps of Engineers. 

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 and local permits. 

Sec. 10013. Regulations. 

Sec. 10014. Funding. 

Sec. 10015. Report to Congress. 

TITLE XI—EXTREME WEATHER 

Sec. 11001. Improving management of flood and drought. 

Sec. 11002. GAO study on management of flood and drought. 

Sec. 11003. Post-disaster watershed assessments. 

1 SEC. 2. DEFINITION OF SECRETARY. 

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


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1 TITLE I—WATER RESOURCE 

2 PROJECTS 

3 SEC. 1001. PURPOSES. 

4 The purposes of this title are— 

5 (1) to authorize projects that— 

6 (A) are the subject of a completed report 

7 of the Chief of Engineers containing a deter8 mination that the relevant project— 

9 (i) is in the Federal interest; 

10 (ii) results in benefits that exceed the 

11 costs of the project; 

12 (iii) is environmentally acceptable; and 

13 (iv) is technically feasible; and 

14 (B) have been recommended to Congress 

15 for authorization by the Assistant Secretary of 

16 the Army for Civil Works; and 

17 (2) to authorize the Secretary— 

18 (A) to review projects that require in19 creased authorization; and 

20 (B) to request an increase of those author21 izations after— 

22 (i) certifying that the increases are 

23 necessary; and 

24 (ii) submitting to Congress reports on 

25 the proposed increases. 


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1 SEC. 1002. PROJECT AUTHORIZATIONS. 

2 The Secretary is authorized to carry out projects for 

3 water resources development, conservation, and other pur4 poses, subject to the conditions that— 

5 (1) each project is carried out— 

6 (A) substantially in accordance with the 

7 plan for the project; and 

8 (B) subject to any conditions described in 

9 the report for the project; and 

10 (2) a Report of the Chief of Engineers has been 

11 completed and a referral by the Assistant Secretary 

12 of the Army for Civil Works has been made to Con13 gress as of the date of enactment of this Act for the 

14 project. 

15 SEC. 1003. PROJECT REVIEW. 

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

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

18 the Secretary may modify the authorized project cost set 

19 under section 902 of the Water Resources Development 

20 Act of 1986 (33 U.S.C. 2280)— 

21 (1) by submitting the required certification and 

22 additional information to Congress in accordance 

23 with subsection (b); and 

24 (2) after receiving an appropriation of funds in 

25 accordance with subsection (c). 

26 (b) REQUIREMENTS FOR SUBMISSION.— 


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1 (1) CERTIFICATION.—The certification to Con2 gress under subsection (a) shall include a certifi3 cation by the Secretary that— 

4 (A) expenditures above the authorized cost 

5 of the project are necessary to protect life and 

6 safety, maintain critical navigation routes, or 

7 restore ecosystems; 

8 (B) the project continues to provide bene9 fits identified in the report of the Chief of Engi10 neers for the project; and 

11 (C) for projects under construction— 

12 (i) a temporary stop or delay resulting 

13 from a failure to increase the authorized 

14 cost of the project will increase costs to the 

15 Federal Government; and 

16 (ii) the amount requested for the 

17 project in the budget of the President or 

18 included in a work plan for the expenditure 

19 of funds for the fiscal year during which 

20 the certification is submitted will exceed 

21 the authorized cost of the project. 

22 (2) ADDITIONAL INFORMATION.—The informa23 tion provided to Congress about the project under 

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


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1 (A) a comprehensive review of the project 

2 costs and reasons for exceeding the authorized 

3 limits set under section 902 of the Water Re4 sources Development Act of 1986 (33 U.S.C. 

5 2280); 

6 (B) an expedited analysis of the updated 

7 benefits and costs of the project; and 

8 (C) the new funding level needed to com9 plete the project. 

10 (3) APPROVAL OF CONGRESS.—The Secretary 

11 may not change the authorized project costs under 

12 subsection (a) unless— 

13 (A) a certification and required informa14 tion is submitted to Congress under subsection 

15 (b); and 

16 (B) after such submission, amounts are 

17 appropriated to initiate or continue construction 

18 of the project in an appropriations or other Act. 

19 (c) TERMINATION OF EFFECTIVENESS.—The author20 ity of the Secretary under this section terminates on the 

21 date that is 3 years after the date of enactment of this 

22 Act. 


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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 


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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— 


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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 


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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’’. 


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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 


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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 

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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 

14 (B) in paragraph (3)— 

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

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

17 and 

18 (ii) in subparagraph (B)— 

19 (I) by striking clause (iii); 

20 (II) by redesignating clauses (iv) 

21 and (v) as clauses (v) and (vi), respec22 tively; and 

23 (III) by inserting after clause (ii) 

24 the following: 


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1 ‘‘(iii) for projects where mitigation 

2 will be carried out by the Secretary— 

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

4 interest in land to be acquired for the 

5 mitigation plan; 

6 ‘‘(II) the basis for a determina7 tion that the land and interests are 

8 available for acquisition; and 

9 ‘‘(III) a determination that the 

10 proposed interest sought does not ex11 ceed the minimum interest in land 

12 necessary to meet the mitigation re13 quirements for the project; 

14 ‘‘(iv) for projects where mitigation will 

15 be carried out through a third party miti16 gation arrangement in accordance with 

17 subsection (i)— 

18 ‘‘(I) a description of the third 

19 party mitigation instrument to be 

20 used; and 

21 ‘‘(II) the basis for a determina22 tion that the mitigation instrument 

23 can meet the mitigation requirements 

24 for the project;’’; and 

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


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1 ‘‘(h) PROGRAMMATIC MITIGATION PLANS.— 

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

3 1 or more programmatic mitigation plans to address 

4 the potential impacts to ecological resources, fish, 

5 and wildlife associated with existing or future water 

6 resources development projects. 

7 ‘‘(2) USE OF MITIGATION PLANS.—The Sec8 retary shall, to the maximum extent practicable, use 

9 programmatic mitigation plans developed in accord10 ance with this subsection to guide the development 

11 of a mitigation plan under subsection (d). 

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

13 shall, to the maximum extent practicable and subject 

14 to all conditions of this subsection, use pro15 grammatic environmental plans developed by a 

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

17 powers from a State constitution, a government enti18 ty created by State legislation, or a local govern19 ment, that meet the requirements of this subsection 

20 to address the potential environmental impacts of 

21 existing or future water resources development 

22 projects. 

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

24 developed by the Secretary or an entity described in 

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1 ing or future water resources development projects 

2 may— 

3 ‘‘(A) be developed on a regional, eco4 system, watershed, or statewide scale; 

5 ‘‘(B) encompass multiple environmental re6 sources within a defined geographical area or 

7 focus on a specific resource, such as aquatic re8 sources or wildlife habitat; and 

9 ‘‘(C) address impacts from all projects in 

10 a defined geographical area or focus on a spe11 cific type of project. 

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

13 shall be determined by the Secretary or an entity de14 scribed in paragraph (3), as appropriate, in con15 sultation with the agency with jurisdiction over the 

16 resources being addressed in the environmental miti17 gation plan. 

18 ‘‘(6) CONTENTS.—A programmatic environ19 mental mitigation plan may include— 

20 ‘‘(A) an assessment of the condition of en21 vironmental resources in the geographical area 

22 covered by the plan, including an assessment of 

23 recent trends and any potential threats to those 

24 resources; 


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1 ‘‘(B) an assessment of potential opportuni2 ties to improve the overall quality of environ3 mental resources in the geographical area cov4 ered by the plan through strategic mitigation 

5 for impacts of water resources development 

6 projects; 

7 ‘‘(C) standard measures for mitigating cer8 tain types of impacts; 

9 ‘‘(D) parameters for determining appro10 priate mitigation for certain types of impacts, 

11 such as mitigation ratios or criteria for deter12 mining appropriate mitigation sites; 

13 ‘‘(E) adaptive management procedures, 

14 such as protocols that involve monitoring pre15 dicted impacts over time and adjusting mitiga16 tion measures in response to information gath17 ered through the monitoring; 

18 ‘‘(F) acknowledgment of specific statutory 

19 or regulatory requirements that must be satis20 fied when determining appropriate mitigation 

21 for certain types of resources; and 

22 ‘‘(G) any offsetting benefits of self-miti23 gating projects, such as ecosystem or resource 

24 restoration and protection. 


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1 ‘‘(7) PROCESS.—Before adopting a pro2 grammatic environmental mitigation plan for use 

3 under this subsection, the Secretary shall— 

4 ‘‘(A) for a plan developed by the Sec5 retary— 

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

7 for review and comment by applicable envi8 ronmental resource agencies and the pub9 lic; and 

10 ‘‘(ii) consider any comments received 

11 from those agencies and the public on the 

12 draft plan; and 

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

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

15 receiving the plan, whether the plan meets the 

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

17 was made available for public comment. 

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

19 programmatic environmental mitigation plan may be 

20 integrated with other plans, including watershed 

21 plans, ecosystem plans, species recovery plans, 

22 growth management plans, and land use plans. 

23 ‘‘(9) CONSIDERATION IN PROJECT DEVELOP24 MENT AND PERMITTING.—If a programmatic envi25 ronmental mitigation plan has been developed under 


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1 this subsection, any Federal agency responsible for 

2 environmental reviews, permits, or approvals for a 

3 water resources development project may use the 

4 recommendations in that programmatic environ5 mental mitigation plan when carrying out the re6 sponsibilities of the agency under the National Envi7 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

8 seq.). 

9 ‘‘(10) PRESERVATION OF EXISTING AUTHORI10 TIES.—Nothing in this subsection limits the use of 

11 programmatic approaches to reviews under the Na12 tional Environmental Policy Act of 1969 (42 U.S.C. 

13 4321 et seq.). 

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

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

16 with all applicable Federal laws (including regula17 tions), mitigation efforts carried out under this sec18 tion may include— 

19 ‘‘(A) participation in mitigation banking or 

20 other third-party mitigation arrangements, such 

21 as— 

22 ‘‘(i) the purchase of credits from com23 mercial or State, regional, or local agency24 sponsored mitigation banks; and 


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1 ‘‘(ii) the purchase of credits from in2 lieu fee mitigation programs; and 

3 ‘‘(B) contributions to statewide and re4 gional efforts to conserve, restore, enhance, and 

5 create natural habitats and wetlands. 

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

7 banks, programs, and efforts described in paragraph 

8 (1) include any banks, programs, and efforts devel9 oped in accordance with applicable law (including 

10 regulations). 

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

12 natural habitat and wetlands mitigation efforts 

13 under this section, contributions to the mitigation ef14 fort may— 

15 ‘‘(A) take place concurrent with, or in ad16 vance of, the commitment of funding to a 

17 project; and 

18 ‘‘(B) occur in advance of project construc19 tion only if the efforts are consistent with all 

20 applicable requirements of Federal law (includ21 ing regulations) and water resources develop22 ment planning processes. 

23 ‘‘(4) PREFERENCE.—At the request of the non24 Federal project sponsor, preference may be given, to 

25 the maximum extent practicable, to mitigating an 


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1 environmental impact through the use of a mitiga2 tion bank, in-lieu fee, or other third-party mitigation 

3 arrangement, if the use of credits from the mitiga4 tion bank or in-lieu fee, or the other third-party 

5 mitigation arrangement for the project has been ap6 proved by the applicable Federal agency. 

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

8 made available for preconstruction engineering and design 

9 prior to authorization of project construction to acquire 

10 interests in land necessary for meeting the mitigation re11 quirements 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 


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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 


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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 


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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; 


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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. 


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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’’; 


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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 reVerDate Mar 15 2010 00:08 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S601.IS S601

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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 


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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 


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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 


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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), by inserting ‘‘, 

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


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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. 


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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 not apply to any credit under this 

7 section. 

8 (2) CONDITIONS.—Credit in excess of the non9 Federal cost-share for a study or project may be ap10 proved under this section only if— 

11 (A) the non-Federal interest submits a 

12 comprehensive plan to the Secretary that identi13 fies— 

14 (i) the studies and projects for which 

15 the non-Federal interest intends to provide 

16 in-kind contributions for credit that is in 

17 excess of the non-Federal cost share for 

18 the study or project; and 

19 (ii) the studies and projects to which 

20 that excess credit would be applied; 

21 (B) the Secretary approves the comprehen22 sive plan; and 

23 (C) the total amount of credit does not ex24 ceed the total non-Federal cost-share for the 


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1 studies and projects in the approved com2 prehensive plan. 

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

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

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

6 Secretary shall consider whether applying that credit 

7 will— 

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

9 or group of projects; 

10 (2) reduce costs to the Federal Government; 

11 and 

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

13 significant flood risk reduction or environmental 

14 benefits. 

15 (d) TERMINATION OF AUTHORITY.—The authority 

16 provided in this section shall terminate 10 years after the 

17 date of enactment of this Act. 

18 (e) REPORT.— 

19 (1) DEADLINES.— 

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

21 after the date of enactment of this Act, the Sec22 retary shall submit to the Committee on Envi23 ronment and Public Works of the Senate and 

24 the Committee on Transportation and Infra25 structure of the House of Representatives an 


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1 interim report on the use of the authority under 

2 this section. 

3 (B) FINAL REPORT.—Not later than 5 

4 years after the date of enactment of this Act, 

5 the Secretary shall submit to the Committee on 

6 Environment and Public Works of the Senate 

7 and the Committee on Transportation and In8 frastructure of the House of Representatives a 

9 final report on the use of the authority under 

10 this section. 

11 (2) INCLUSIONS.—The reports described in 

12 paragraph (1) shall include— 

13 (A) a description of the use of the author14 ity under this section during the reporting pe15 riod; 

16 (B) an assessment of the impact of the au17 thority under this section on the time required 

18 to complete projects; and 

19 (C) an assessment of the impact of the au20 thority under this section on other water re21 sources projects. 

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

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

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

25 amended— 


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1 (1) in subparagraph (A), in the matter pre2 ceding clause (i) by inserting ‘‘or a project under an 

3 environmental infrastructure assistance program’’ 

4 after ‘‘law’’; 

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

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

7 end and inserting the following: 

8 ‘‘(i) CONSTRUCTION.— 

9 ‘‘(I) IN GENERAL.—In any case 

10 in which the non-Federal interest is to 

11 receive credit under subparagraph (A) 

12 for the cost of construction carried 

13 out by the non-Federal interest before 

14 execution of a partnership agreement 

15 and that construction has not been 

16 carried out as of the date of enact17 ment of this subparagraph, the Sec18 retary and the non-Federal interest 

19 shall enter into an agreement under 

20 which the non-Federal interest shall 

21 carry out such work prior to the non22 Federal interest initiating construc23 tion or issuing a written notice to pro24 ceed for the construction. 


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1 ‘‘(II) ELIGIBILITY.—Construc2 tion that is carried out after the exe3 cution of an agreement to carry out 

4 work described in subclause (I) and 

5 any design activities that are required 

6 for that construction, even if the de7 sign activity is carried out prior to the 

8 execution of the agreement to carry 

9 out work, shall be eligible for credit. 

10 ‘‘(ii) PLANNING.— 

11 ‘‘(I) IN GENERAL.—In any case 

12 in which the non-Federal interest is to 

13 receive credit under subparagraph (A) 

14 for the cost of planning carried out by 

15 the non-Federal interest before execu16 tion of a feasibility cost sharing agree17 ment, the Secretary and the non-Fed18 eral interest shall enter into an agree19 ment under which the non-Federal in20 terest shall carry out such work prior 

21 to the non-Federal interest initiating 

22 that planning. 

23 ‘‘(II) ELIGIBILITY.—Planning 

24 that is carried out by the non-Federal 

25 interest after the execution of an 


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1 agreement to carry out work described 

2 in subclause (I) shall be eligible for 

3 credit.’’; 

4 (3) in subparagraph (D)(iii), by striking ‘‘sec5 tions 101 and 103’’ and inserting ‘‘sections 

6 101(a)(2) and 103(a)(1)(A) of the Water Resources 

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

8 U.S.C. 2213(a)(1)(A))’’; 

9 (4) by redesignating subparagraph (E) as sub10 paragraph (H); 

11 (5) by inserting after subparagraph (D) the fol12 lowing: 

13 ‘‘(E) ANALYSIS OF COSTS AND BENE14 FITS.—In the evaluation of the costs and bene15 fits of a project, the Secretary shall not con16 sider construction carried out by a non-Federal 

17 interest under this subsection as part of the fu18 ture without project condition. 

19 ‘‘(F) TRANSFER OF CREDIT BETWEEN

20 SEPARABLE ELEMENTS OF A PROJECT.—Credit 

21 for in-kind contributions provided by a non22 Federal interest that are in excess of the non23 Federal cost share for an authorized separable 

24 element of a project may be applied toward the 


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1 non-Federal cost share for a different author2 ized separable element of the same project. 

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

4 extent that credit for in-kind contributions, as 

5 limited by subparagraph (D), and credit for re6 quired land, easements, rights-of-way, dredged 

7 material disposal areas, and relocations pro8 vided by the non-Federal interest exceed the 

9 non-Federal share of the cost of construction of 

10 a project other than a navigation project, the 

11 Secretary shall reimburse the difference to the 

12 non-Federal interest, subject to the availability 

13 of funds.’’; and 

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

15 paragraph (4))— 

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

17 water resources projects authorized prior to the 

18 date of enactment of the Water Resources De19 velopment Act of 1986 (Public Law 99–662), if 

20 correction of design deficiencies is necessary’’ 

21 before the period at the end; and 

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

23 following: 

24 ‘‘(ii) AUTHORIZATION IN AD25 DITION TO SPECIFIC CREDIT


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1 PROVISION.—In any case in 

2 which a specific provision of law 

3 authorizes credit for in-kind con4 tributions provided by a non-Fed5 eral interest before the date of 

6 execution of a partnership agree7 ment, the Secretary may apply 

8 the authority provided in this 

9 paragraph to allow credit for in10 kind contributions provided by 

11 the non-Federal interest on or 

12 after the date of execution of the 

13 partnership agreement.’’. 

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

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

16 5b note) is amended by inserting ‘‘, or construction of de17 sign deficiency corrections on the project,’’ after ‘‘con18 struction on the project’’. 

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

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

21 (d) GUIDELINES.— 

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

23 the date of enactment of this Act, the Secretary 

24 shall update any guidance or regulations for car25 rying out section 221(a)(4) of the Flood Control Act 


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

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

3 enactment of this Act or issue new guidelines, as de4 termined to be appropriate by the Secretary. 

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

6 guidelines updated or issued under paragraph (1) 

7 shall include, at a minimum— 

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

9 memorandum of understanding for construction 

10 by a non-Federal interest; 

11 (B) criteria and procedures for evaluating 

12 a request to execute an in-kind memorandum of 

13 understanding for construction by a non-Fed14 eral interest that is earlier than the milestone 

15 under subparagraph (A) for that execution; and 

16 (C) criteria and procedures for determining 

17 whether work carried out by a non-Federal in18 terest is integral to a project. 

19 (3) PUBLIC AND STAKEHOLDER PARTICIPA20 TION.—Before issuing any new or revised guidance, 

21 regulations, or guidelines or any subsequent updates 

22 to those documents, the Secretary shall— 

23 (A) consult with affected non-Federal in24 terests; 


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1 (B) publish the proposed guidelines devel2 oped under this subsection in the Federal Reg3 ister; and 

4 (C) provide the public with an opportunity 

5 to comment on the proposed guidelines. 

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

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

8 5b(a)(4)) (as amended by subsection (a)) affects any eligi9 bility for credit under section 104 of the Water Resources 

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

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

12 Act. 

13 SEC. 2013. CREDIT IN LIEU OF REIMBURSEMENT. 

14 Section 211(e)(2) of the Water Resources Develop15 ment Act of 1996 (33 U.S.C. 701b–13(e)(2)) is amended 

16 by adding at the end the following: 

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

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

19 reimbursing a non-Federal interest the amount 

20 equal to the estimated Federal share of the cost 

21 of an authorized flood damage reduction project 

22 or a separable element of an authorized flood 

23 damage reduction project under this subsection 

24 that has been constructed by the non-Federal 

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1 actment of this Act, the Secretary may provide 

2 the non-Federal interest with a credit in that 

3 amount, which the non-Federal interest may 

4 apply to the share of the cost of the non-Fed5 eral interest of carrying out other flood damage 

6 reduction projects or studies.’’. 

7 SEC. 2014. DAM OPTIMIZATION. 

8 (a) DEFINITIONS.—In this section: 

9 (1) OTHER RELATED PROJECT BENEFITS.— 

10 The term ‘‘other related project benefits’’ includes— 

11 (A) environmental protection and restora12 tion, including restoration of water quality and 

13 water flows, improving movement of fish and 

14 other aquatic species, and restoration of 

15 floodplains, wetlands, and estuaries; 

16 (B) increased water supply storage; 

17 (C) increased hydropower generation; 

18 (D) reduced flood risk; 

19 (E) additional navigation; and 

20 (F) improved recreation. 

21 (2) WATER CONTROL PLAN.—The term ‘‘water 

22 control plan’’ means— 

23 (A) a plan for coordinated regulation 

24 schedules for project or system regulation; and 


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1 (B) such additional provisions as may be 

2 required to collect, analyze, and disseminate 

3 basic data, prepare detailed operating instruc4 tions, ensure project safety, and carry out regu5 lation of projects in an appropriate manner. 

6 (b) PROGRAM.— 

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

8 activities— 

9 (A) to improve the efficiency of the oper10 ations and maintenance of dams and related in11 frastructure operated by the Corps of Engi12 neers; and 

13 (B) to maximize, to the extent prac14 ticable— 

15 (i) authorized project purposes; and 

16 (ii) other related project benefits. 

17 (2) ELIGIBLE ACTIVITIES.—An eligible activity 

18 under this section is any activity that the Secretary 

19 would otherwise be authorized to carry out that is 

20 designed to provide other related project benefits in 

21 a manner that does not adversely impact the author22 ized purposes of the project, including— 

23 (A) the review of project operations on a 

24 regular and timely basis to determine the po25 tential for operational changes; 


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1 (B) carrying out any investigation or study 

2 the Secretary determines to be necessary; and 

3 (C) the revision or updating of a water 

4 control plan or other modification of the oper5 ation of a water resource project. 

6 (3) IMPACT ON AUTHORIZED PURPOSES.—An 

7 activity carried out under this section shall not ad8 versely impact any of the authorized purposes of the 

9 project. 

10 (4) EFFECT ON EXISTING AGREEMENTS.— 

11 Nothing in this section supersedes or modifies any 

12 written agreement between the Federal Government 

13 and a non-Federal interest that is in effect on the 

14 date of enactment of this Act. 

15 (5) OTHER LAWS.— 

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

17 under this section shall comply with all other 

18 applicable laws (including regulations). 

19 (B) WATER SUPPLY.—Any activity carried 

20 out under this section that results in any modi21 fication to water supply storage allocations at a 

22 reservoir operated by the Secretary shall comply 

23 with section 301 of the Water Supply Act of 

24 1958 (43 U.S.C. 390b). 


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

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

3 modify, the policies, regulations, and guidance of the Sec4 retary to carry out the activities described in subsection 

5 (b). 

6 (d) COORDINATION.— 

7 (1) IN GENERAL.—The Secretary shall coordi8 nate all planning and activities carried out under 

9 this section with appropriate Federal, State, and 

10 local agencies and those public and private entities 

11 that the Secretary determines may be affected by 

12 those plans or activities. 

13 (2) NON-FEDERAL INTERESTS.—Prior to car14 rying out an activity under this section, the Sec15 retary shall consult with any applicable non-Federal 

16 interest of the affected dam or related infrastruc17 ture. 

18 (e) REPORTS.— 

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

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

21 thereafter, the Secretary shall submit to Congress a 

22 report describing the actions carried out under this 

23 section. 

24 (2) INCLUSIONS.—Each report under para25 graph (1) shall include— 


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1 (A) a schedule for reviewing the operations 

2 of individual projects; and 

3 (B) any recommendations of the Secretary 

4 on changes that the Secretary determines to be 

5 necessary— 

6 (i) to carry out existing projection au7 thorizations, including the deauthorization 

8 of any water resource project that the Sec9 retary determines could more effectively be 

10 achieved through other means; 

11 (ii) to improve the efficiency of water 

12 resource project operations; and 

13 (iii) to maximize authorized project 

14 purposes and other related project benefits. 

15 (3) UPDATED REPORT.— 

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

17 after the date of enactment of this Act, the Sec18 retary shall update the report entitled ‘‘Author19 ized and Operating Purposes of Corps of Engi20 neers Reservoirs’’ and dated July 1992, which 

21 was produced pursuant to section 311 of the 

22 Water Resources Development Act of 1990 

23 (104 Stat. 4639). 

24 (B) INCLUSIONS.—The updated report de25 scribed in subparagraph (A) shall include— 


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1 (i) the date on which the most recent 

2 review of project operations was conducted 

3 and any recommendations of the Secretary 

4 relating to that review the Secretary deter5 mines to be significant; and 

6 (ii) the dates on which the rec7 ommendations described in clause (i) were 

8 carried out. 

9 (f) FUNDING.— 

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

11 carry out this section amounts made available to the 

12 Secretary from— 

13 (A) the general purposes and expenses ac14 count; 

15 (B) the operations and maintenance ac16 count; and 

17 (C) any other amounts that are appro18 priated to carry out this section. 

19 (2) FUNDING FROM OTHER SOURCES.—The 

20 Secretary may accept and expend amounts from 

21 non-Federal entities and other Federal agencies to 

22 carry out this section. 

23 (g) COOPERATIVE AGREEMENTS.—The Secretary 

24 may enter into cooperative agreements with other Federal 

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


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1 SEC. 2015. WATER SUPPLY. 

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

3 U.S.C. 390b) is amended by striking subsection (d) and 

4 inserting the following: 

5 ‘‘(d) CONGRESSIONAL APPROVAL OF MODIFICATIONS

6 OF RESERVOIR PROJECTS.—Congressional approval shall 

7 be required for any modification of a reservoir project that 

8 has been authorized, surveyed, planned, or constructed to 

9 include storage for municipal or industrial water supply 

10 if, when considered cumulatively with all previous modi11 fications of the project, the modification would— 

12 ‘‘(1) seriously affect the purposes for which the 

13 project was authorized, surveyed, planned, or con14 structed; 

15 ‘‘(2) involve major structural or operational 

16 changes; or 

17 ‘‘(3) involve an allocation or reallocation of 

18 storage that is equal to or exceeds 5 percent of the 

19 conservation storage pool of the project.’’. 

20 SEC. 2016. REPORT ON WATER STORAGE PRICING FOR21 MULAS. 

22 (a) FINDINGS.—Congress finds that— 

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

24 of the United States, communities are looking for 

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1 gineer reservoirs so as to maintain a reliable supply 

2 of water into the foreseeable future; 

3 (2) water storage pricing formulas should be 

4 equitable and not create disparities between users; 

5 and 

6 (3) water pricing formulas should not be cost7 prohibitive for communities. 

8 (b) ASSESSMENT.— 

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

10 after the date of enactment of this Act, the Comp11 troller General of the United States shall initiate an 

12 assessment of the water storage pricing formulas of 

13 the Corps of Engineers, which shall include an as14 sessment of— 

15 (A) existing water storage pricing formulas 

16 of the Corps of Engineers, in particular wheth17 er those formulas produce water storage costs 

18 for some beneficiaries that are greatly disparate 

19 from the costs of other beneficiaries; and 

20 (B) whether equitable water storage pric21 ing formulas could lessen the disparate impact 

22 and produce more affordable water storage for 

23 potential beneficiaries. 


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

2 United States shall submit to Congress a report on 

3 the assessment carried out under paragraph (1). 

4 SEC. 2017. CLARIFICATION OF PREVIOUSLY AUTHORIZED 

5 WORK. 

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

7 measures to improve fish species habitat within the foot8 print and downstream of a water resources project con9 structed by the Secretary that includes a fish hatchery if 

10 the Secretary— 

11 (1) has been explicitly authorized to compensate 

12 for fish losses associated with the project; and 

13 (2) determines that the measures are— 

14 (A) feasible; 

15 (B) consistent with authorized project pur16 poses and the fish hatchery; and 

17 (C) in the public interest. 

18 (b) COST SHARING.— 

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

20 the non-Federal interest shall contribute 35 percent 

21 of the total cost of carrying out activities under this 

22 section, including the costs relating to the provision 

23 or acquisition of required land, easements, rights-of24 way, dredged material disposal areas, and reloca25 tions. 


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1 (2) OPERATION AND MAINTENANCE.—The non2 Federal interest shall contribute 100 percent of the 

3 costs of operation, maintenance, replacement, repair, 

4 and rehabilitation of a project constructed under 

5 this section. 

6 (c) AUTHORIZATION OF APPROPRIATIONS.—For each 

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

8 out this section $30,000,000. 

9 SEC. 2018. CONSIDERATION OF FEDERAL LAND IN FEASI10 BILITY STUDIES. 

11 At the request of the non-Federal interest, the Sec12 retary shall include as part of a regional or watershed 

13 study any Federal land that is located within the geo14 graphic scope of that study. 

15 SEC. 2019. PLANNING ASSISTANCE TO STATES. 

16 Section 22 of the Water Resources Development Act 

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

18 (1) in subsection (a)— 

19 (A) in paragraph (1)— 

20 (i) by inserting ‘‘or other stakeholder 

21 working with a State’’ after ‘‘cooperate 

22 with any State’’; and 

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

24 comprehensively address water resources 

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


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

2 Federal expense,’’; 

3 (2) in subsection (b)— 

4 (A) in paragraph (1), by striking ‘‘sub5 section (a)(1)’’ each place it appears and insert6 ing ‘‘subsection (a)’’; 

7 (B) by redesignating paragraphs (2) and 

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

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

10 following: 

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

12 may accept and expend funds in excess of the fees 

13 established under paragraph (1) that are provided 

14 by a State or other non-Federal public body for as15 sistance under this section.’’ ; and 

16 (3) in subsection (c)— 

17 (A) in paragraph (1)— 

18 (i) by striking ‘‘$10,000,000’’ and in19 serting ‘‘$30,000,000’’; and 

20 (ii) by striking ‘‘$2,000,000’’ and in21 serting ‘‘$5,000,000 in Federal funds’’; 

22 and 

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

24 ‘‘$5,000,000’’ and inserting ‘‘$15,000,000’’. 


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1 SEC. 2020. VEGETATION MANAGEMENT POLICY. 

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

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

4 of Engineers policy guidelines for management of vegeta5 tion on levees, including— 

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

7 entitled ‘‘Guidelines for Landscape Planting and 

8 Vegetation Management at Levees, Floodwalls, Em9 bankment Dams, and Appurtenant Structures’’ and 

10 adopted April 10, 2009; and 

11 (2) the draft policy guidance letter entitled 

12 ‘‘Process for Requesting a Variance from Vegetation 

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

14 9637 (Feb. 17, 2012)). 

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

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

17 comprehensive review of the national guidelines in order 

18 to determine whether current Federal policy relating to 

19 levee vegetation is appropriate for all regions of the United 

20 States. 

21 (c) FACTORS.— 

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

23 the Secretary shall consider— 

24 (A) the varied interests and responsibilities 

25 in managing flood risks, including the need— 


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1 (i) to provide for levee safety with lim2 ited resources; and 

3 (ii) to ensure that levee safety invest4 ments minimize environmental impacts and 

5 provide corresponding public safety bene6 fits; 

7 (B) the levee safety benefits that can be 

8 provided by woody vegetation; 

9 (C) the preservation, protection, and en10 hancement of natural resources, including— 

11 (i) the benefit of vegetation on levees 

12 in providing habitat for endangered, 

13 threatened, and candidate species; and 

14 (ii) the impact of removing levee vege15 tation on compliance with other regulatory 

16 requirements; 

17 (D) protecting the rights of Indian tribes 

18 pursuant to treaties and statutes; 

19 (E) the available science and the historical 

20 record regarding the link between vegetation on 

21 levees and flood risk; 

22 (F) the avoidance of actions requiring sig23 nificant economic costs and environmental im24 pacts; and 


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1 (G) other factors relating to the factors de2 scribed in subparagraphs (A) through (F) iden3 tified in public comments that the Secretary de4 termines to be appropriate. 

5 (2) VARIANCE CONSIDERATIONS.— 

6 (A) IN GENERAL.—In carrying out the re7 view, the Secretary shall specifically consider 

8 whether the national guidelines can be amended 

9 to promote and allow for consideration of 

10 variances from national guidelines on a State11 wide, tribal, regional, or watershed basis, in12 cluding variances based on— 

13 (i) soil conditions; 

14 (ii) hydrologic factors; 

15 (iii) vegetation patterns and charac16 teristics; 

17 (iv) environmental resources, includ18 ing endangered, threatened, or candidate 

19 species and related regulatory require20 ments; 

21 (v) levee performance history, includ22 ing historical information on original con23 struction and subsequent operation and 

24 maintenance activities; 

25 (vi) any effects on water supply; 


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1 (vii) any scientific evidence on the link 

2 between levee vegetation and levee safety; 

3 (viii) institutional considerations, in4 cluding implementation challenges; 

5 (ix) the availability of limited funds 

6 for levee construction and rehabilitation; 

7 (x) the economic and environmental 

8 costs of removing woody vegetation on lev9 ees; and 

10 (xi) other relevant factors identified in 

11 public comments that the Secretary deter12 mines to be appropriate. 

13 (B) SCOPE.—The scope of a variance ap14 proved by the Secretary may include a complete 

15 exemption to national guidelines, as the Sec16 retary determines to be necessary. 

17 (d) COOPERATION AND CONSULTATION; REC18 OMMENDATIONS.— 

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

20 out the review under this section in consultation 

21 with other applicable Federal agencies, representa22 tives of State, regional, local, and tribal govern23 ments, appropriate nongovernmental organizations, 

24 and the public. 


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1 (2) RECOMMENDATIONS.—The Chief of Engi2 neers and any State, tribal, regional, or local entity 

3 may submit to the Secretary any recommendations 

4 for vegetation management policies for levees that 

5 conform with Federal and State laws, including rec6 ommendations relating to the review of national 

7 guidelines under subsection (b) and the consider8 ation of variances under subsection (c)(2). 

9 (e) PEER REVIEW.— 

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

11 Secretary shall solicit and consider the views of the 

12 National Academy of Engineering and the National 

13 Academy of Sciences on the engineering, environ14 mental, and institutional considerations underlying 

15 the national guidelines, including the factors de16 scribed in subsection (c) and any information ob17 tained by the Secretary under subsection (d). 

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

19 National Academy of Engineering and the National 

20 Academy of Sciences obtained under paragraph (1) 

21 shall be— 

22 (A) made available to the public; and 

23 (B) included in supporting materials issued 

24 in connection with the revised national guide25 lines required under subsection (f). 


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1 (f) REVISION OF NATIONAL GUIDELINES.— 

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

3 the date of enactment of this Act, the Secretary 

4 shall— 

5 (A) revise the national guidelines based on 

6 the results of the review, including— 

7 (i) recommendations received as part 

8 of the consultation described in subsection 

9 (d)(1); and 

10 (ii) the results of the peer review con11 ducted under subsection (e); and 

12 (B) submit to Congress a report that con13 tains a summary of the activities of the Sec14 retary and a description of the findings of the 

15 Secretary under this section. 

16 (2) CONTENT; INCORPORATION INTO MAN17 UAL.—The revised national guidelines shall— 

18 (A) provide a practical, flexible process for 

19 approving Statewide, tribal, regional, or water20 shed variances from the national guidelines 

21 that— 

22 (i) reflect due consideration of the fac23 tors described in subsection (c); and 

24 (ii) incorporate State, tribal, and re25 gional vegetation management guidelines 


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1 for specific areas that have been adopted 

2 through a formal public process; and 

3 (B) be incorporated into the manual pro4 posed under section 5(c) of the Act entitled ‘‘An 

5 Act authorizing the construction of certain pub6 lic works on rivers and harbors for flood con7 trol, and for other purposes’’, approved August 

8 18, 1941 (33 U.S.C. 701n(c)). 

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

10 Secretary fails to submit a report by the required 

11 deadline under this subsection, the Secretary shall 

12 submit to the Committee on Environment and Pub13 lic Works of the Senate and the Committee on 

14 Transportation and Infrastructure of the House of 

15 Representatives a detailed explanation of— 

16 (A) why the deadline was missed; 

17 (B) solutions needed to meet the deadline; 

18 and 

19 (C) a projected date for submission of the 

20 report. 

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

22 completion of the requirements of this section, the Sec23 retary shall proceed without interruption or delay with 

24 those ongoing or programmed projects and studies, or eleVerDate Mar 15 2010 00:08 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S601.IS S601

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1 ments of projects or studies, that are not directly related 

2 to vegetation variance policy. 

3 (h) INTERIM ACTIONS.— 

4 (1) IN GENERAL.—Until the date on which revi5 sions to the national guidelines are adopted in ac6 cordance with subsection (f), the Secretary shall not 

7 require the removal of existing vegetation as a condi8 tion or requirement for any approval or funding of 

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

10 vegetation has been demonstrated to present an un11 acceptable safety risk. 

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

13 which the revisions to the national guidelines are 

14 adopted in accordance with subsection (f), the Sec15 retary shall consider, on request of an affected enti16 ty, any previous action of the Corps of Engineers in 

17 which the outcome was affected by the former na18 tional guidelines. 

19 SEC. 2021. LEVEE CERTIFICATIONS. 

20 (a) IMPLEMENTATION OF FLOOD PROTECTION

21 STRUCTURE ACCREDITATION TASK FORCE.—In carrying 

22 out section 100226 of the Biggert-Waters Flood Insurance 

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

24 942), the Secretary shall— 


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1 (1) ensure that at least 1 program activity car2 ried out under the inspection of completed works 

3 program of the Corps of Engineers provides ade4 quate information to the Secretary to reach a levee 

5 accreditation decision for each requirement under 

6 section 65.10 of title 44, Code of Federal Regula7 tions (or successor regulation); and 

8 (2) to the maximum extent practicable, carry 

9 out activities under the inspection of completed 

10 works program of the Corps of Engineers in align11 ment with the schedule established for the national 

12 flood insurance program established under chapter 1 

13 of the National Flood Insurance Act of 1968 (42 

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

15 (b) ACCELERATED LEVEE SYSTEM EVALUATIONS

16 AND CERTIFICATIONS.— 

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

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

19 a levee system evaluation and certification of a fed20 erally authorized levee for purposes of the national 

21 flood insurance program established under chapter 1 

22 of the National Flood Insurance Act of 1968 (42 

23 U.S.C. 4011 et seq.) if the evaluation and certifi24 cation will be carried out earlier than such an evalVerDate Mar 15 2010 00:08 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S601.IS S601

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1 uation and certification would be carried out under 

2 subsection (a). 

3 (2) REQUIREMENTS.—A levee system evalua4 tion and certification under paragraph (1) shall— 

5 (A) at a minimum, comply with section 

6 65.10 of title 44, Code of Federal Regulations 

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

8 Act); and 

9 (B) be carried out in accordance with such 

10 procedures as the Secretary, in consultation 

11 with the Director of the Federal Emergency 

12 Management Agency, may establish. 

13 (3) COST SHARING.— 

14 (A) NON-FEDERAL SHARE.—Subject to 

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

16 cost of carrying out a levee system evaluation 

17 and certification under this subsection shall be 

18 35 percent. 

19 (B) ADJUSTMENT.—The Secretary shall 

20 adjust the non-Federal share of the cost of car21 rying out a levee system evaluation and certifi22 cation under this subsection in accordance with 

23 section 103(m) of the Water Resources Devel24 opment Act of 1986 (33 U.S.C. 2213(m)). 


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1 (4) APPLICATION.—Nothing in this subsection 

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

3 of the Biggert-Waters Flood Insurance Reform Act 

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

5 SEC. 2022. RESTORATION OF FLOOD AND HURRICANE 

6 STORM DAMAGE REDUCTION PROJECTS. 

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

8 measures necessary to restore components of federally au9 thorized and federally constructed flood and hurricane 

10 storm damage reduction projects to authorized levels of 

11 protection for reasons including settlement, subsidence, 

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

13 the necessary work is feasible. 

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

15 of construction of a project carried out under this section 

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

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

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

19 (c) OPERATIONS AND MAINTENANCE.—The non-Fed20 eral share of the cost of operations, maintenance, repair, 

21 replacement, and rehabilitation for a project carried out 

22 under this section shall be 100 percent. 

23 (d) ELIGIBILITY OF PROJECTS TRANSFERRED TO

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

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


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1 project, separable element of a project, or functional com2 ponent of a project that has been transferred to the non3 Federal interest. 

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

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

6 submit to the Committee on Environment and Public 

7 Works of the Senate and the Committee on Transpor8 tation and Infrastructure of the House of Representatives 

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

10 (1) any recommendations relating to the contin11 ued need for the authority provided in this section; 

12 (2) a description of the measures carried out 

13 under this section; 

14 (3) any lessons learned relating to the measures 

15 implemented under this section; and 

16 (4) best practices for carrying out measures to 

17 restore flood damage reduction projects. 

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

19 carry out a measure under this section terminates on the 

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

21 Act. 

22 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to the Secretary to carry 

24 out this section $250,000,000. 


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1 SEC. 2023. OPERATION AND MAINTENANCE OF CERTAIN 

2 PROJECTS. 

3 The Secretary may assume operation and mainte4 nance activities for a navigation channel that is deepened 

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

6 if— 

7 (1) the Secretary determines that the require8 ments under paragraphs (2) and (3) of section 

9 204(f) of the Water Resources Development Act of 

10 1986 (33 U.S.C. 2232(f)) are met; 

11 (2) the Secretary determines that the activities 

12 carried out by the non-Federal interest in deepening 

13 the navigation channel are economically justified and 

14 environmentally acceptable; and 

15 (3) the deepening activities have been carried 

16 out on a Federal navigation channel that— 

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

18 this Act; and 

19 (B) has been authorized by Congress. 

20 SEC. 2024. DREDGING STUDY. 

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

22 with other relevant Federal agencies and applicable non23 Federal interests, shall carry out a study— 

24 (1) to compare domestic and international 

25 dredging markets, including costs, technologies, and 

26 management approaches used in each respective 


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1 market, and determine the impacts of those markets 

2 on dredging needs and practices in the United 

3 States; 

4 (2) to analyze past and existing practices, tech5 nologies, and management approaches used in 

6 dredging in the United States; and 

7 (3) to develop recommendations relating to the 

8 best techniques, practices, and management ap9 proaches for dredging in the United States. 

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

11 this section are— 

12 (1) the identification of the best techniques, 

13 methods, and technologies for dredging, including 

14 the evaluation of the feasibility, cost, and benefits 

15 of— 

16 (A) new dredging technologies; and 

17 (B) improved dredging practices and tech18 niques; 

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

20 States for dredging, including the need to increase 

21 the size of private and Corps of Engineers dredging 

22 fleets to meet demands for additional construction or 

23 maintenance dredging needed as of the date of en24 actment of this Act and in the subsequent 20 years; 


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1 (3) the identification of any impediments to 

2 dredging, including any recommendations of appro3 priate alternatives for responding to those impedi4 ments; 

5 (4) the assessment, including any recommenda6 tions of appropriate alternatives, of the adequacy 

7 and effectiveness of— 

8 (A) the economic, engineering, and envi9 ronmental methods, models, and analyses used 

10 by the Chief of Engineers and private dredging 

11 operations for dredging; and 

12 (B) the current cost structure of construc13 tion contracts entered into by the Chief of En14 gineers; 

15 (5) the evaluation of the efficiency and effec16 tiveness of past, current, and alternative dredging 

17 practices and alternatives to dredging, including agi18 tation dredging; and 

19 (6) the identification of innovative techniques 

20 and cost-effective methods to expand regional sedi21 ment management efforts, including the placement 

22 of dredged sediment within river diversions to accel23 erate the creation of wetlands. 

24 (c) STUDY TEAM.— 


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

2 a study team to assist the Secretary in planning, 

3 carrying out, and reporting on the results of the 

4 study under this section. 

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

6 pursuant to paragraph (1) shall— 

7 (A) be appointed by the Secretary; and 

8 (B) represent a broad spectrum of experts 

9 in the field of dredging and representatives of 

10 relevant State agencies and relevant non-Fed11 eral interests. 

12 (d) PUBLIC COMMENT PERIOD.—The Secretary 

13 shall— 

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

15 the Internet, all draft and final study findings under 

16 this section; and 

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

18 less than 30 days on any draft study findings prior 

19 to issuing final study findings. 

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

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

22 available appropriations, the Secretary, in consultation 

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

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

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1 ate and the Committee on Transportation and Infrastruc2 ture of the House of Representatives. 

3 (f) FAILURE TO MEET DEADLINES.—If the Sec4 retary does not complete the study under this section and 

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

6 before the deadline described in that subsection, the Sec7 retary shall notify Congress and describe why the study 

8 was not completed. 

9 SEC. 2025. NON-FEDERAL PROJECT IMPLEMENTATION 

10 PILOT PROGRAM. 

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 flood risk management, hur16 ricane and storm damage reduction, and coastal harbor 

17 and channel and inland harbor navigation projects. 

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

19 are— 

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

21 alternatives that reduce the backlog of authorized 

22 Corps of Engineers projects; 

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


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1 carrying out the design, execution, management, and 

2 construction of 1 or more 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.—In carrying out the pilot 

9 program, the Secretary shall— 

10 (A) identify a total of not more than 12 

11 projects for flood risk management, hurricane 

12 and storm damage reduction, including levees, 

13 floodwalls, flood control channels, water control 

14 structures, and coastal harbor and channel and 

15 inland harbor navigation, that have been au16 thorized for construction prior to the date of 

17 enactment of this Act that— 

18 (i)(I) have received Federal funds 

19 prior to the date of enactment of this Act; 

20 or 

21 (II) for more than 2 consecutive fiscal 

22 years, have an unobligated funding balance 

23 for that project in the Corps of Engineers 

24 construction account; and 


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1 (ii) to the maximum extent prac2 ticable, are located in each of the divisions 

3 of the Corps of Engineers; 

4 (B) notify the Committee on Environment 

5 and Public Works of the Senate and the Com6 mittee on Transportation and Infrastructure of 

7 the House of Representatives on the identifica8 tion of each project under the pilot program; 

9 (C) in collaboration with the non-Federal 

10 interest, develop a detailed project management 

11 plan for each identified project that outlines the 

12 scope, budget, design, and construction resource 

13 requirements necessary for the non-Federal in14 terest to execute the project, or a separable ele15 ment of the project; 

16 (D) on the request of the non-Federal in17 terest, enter into a project partnership agree18 ment with the non-Federal interest for the non19 Federal interest to provide full project manage20 ment control for construction of the project, or 

21 a separable element of the project, in accord22 ance with plans approved by the Secretary; 

23 (E) following execution of the project part24 nership agreement, transfer to the non-Federal 


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1 interest to carry out construction of the project, 

2 or a separable element of the project— 

3 (i) if applicable, the balance of the un4 obligated amounts appropriated for the 

5 project, except that the Secretary shall re6 tain sufficient amounts for the Corps of 

7 Engineers to carry out any responsibilities 

8 of the Corps of Engineers relating to the 

9 project and pilot program; and 

10 (ii) additional amounts, as determined 

11 by the Secretary, from amounts made 

12 available under subsection (h), except that 

13 the total amount transferred to the non14 Federal interest shall not exceed the up15 dated estimate of the Federal share of the 

16 cost of construction, including any required 

17 design; and 

18 (F) regularly monitor and audit each 

19 project being constructed by a non-Federal in20 terest under this section to ensure that the con21 struction activities are carried out in compli22 ance with the plans approved by the Secretary 

23 and that the construction costs are reasonable. 

24 (2) DETAILED PROJECT SCHEDULE.—Not later 

25 than 180 days after entering into an agreement 


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

2 to the maximum extent practicable, shall submit to 

3 the Secretary a detailed project schedule, based on 

4 full funding capability, that lists all deadlines for 

5 each milestone in the construction of the project. 

6 (3) TECHNICAL ASSISTANCE.—On the request 

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

8 technical assistance to the non-Federal interest, if 

9 the non-Federal interest contracts with the Sec10 retary for the technical assistance and compensates 

11 the Secretary for the technical assistance, relating 

12 to— 

13 (A) any study, engineering activity, and 

14 design activity for construction carried out by 

15 the non-Federal interest under this section; and 

16 (B) expeditiously obtaining any permits 

17 necessary for the project. 

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

19 cost-sharing requirement applicable on the day before the 

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

21 under this section. 

22 (e) REPORT.— 

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

24 the date of enactment of this Act, the Secretary 

25 shall submit to the Committee on Environment and 


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1 Public Works of the Senate and the Committee on 

2 Transportation and Infrastructure of the House of 

3 Representatives a report detailing the results of the 

4 pilot program carried out under this section, includ5 ing— 

6 (A) a description of the progress of non7 Federal interests in meeting milestones in de8 tailed project schedules developed pursuant to 

9 subsection (c)(2); and 

10 (B) any recommendations of the Secretary 

11 concerning whether the program or any compo12 nent of the program should be implemented on 

13 a national basis. 

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

15 date of enactment of this Act, the Secretary shall 

16 submit to the Committee on Environment and Pub17 lic Works of the Senate and the Committee on 

18 Transportation and Infrastructure of the House of 

19 Representatives an update of the report described in 

20 paragraph (1). 

21 (3) FAILURE TO MEET DEADLINE.—If the Sec22 retary fails to submit a report by the required dead23 line under this subsection, the Secretary shall sub24 mit to the Committee on Environment and Public 

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1 portation and Infrastructure of the House of Rep2 resentatives a detailed explanation of why the dead3 line was missed and a projected date for submission 

4 of the report. 

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

6 would apply to the Secretary if the Secretary were car7 rying out the project shall apply to a non-Federal interest 

8 carrying out a project under this section. 

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

10 commence a project under this section terminates on the 

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

12 Act. 

13 (h) AUTHORIZATION OF APPROPRIATIONS.—In addi14 tion to any amounts appropriated for a specific project, 

15 there is authorized to be appropriated to the Secretary to 

16 carry out the pilot program under this section, including 

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

18 for each of fiscal years 2014 through 2018. 

19 SEC. 2026. NON-FEDERAL IMPLEMENTATION OF FEASI20 BILITY STUDIES. 

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

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

23 and implement a pilot program to evaluate the cost-effec24 tiveness and project delivery efficiency of allowing non25 Federal interests to carry out feasibility studies for flood 


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1 risk management, hurricane and storm damage reduction, 

2 ecosystem restoration, and coastal harbor and channel and 

3 inland harbor navigation. 

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

5 are— 

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

7 alternatives to the existing feasibility study process; 

8 (2) to evaluate the technical, financial, and or9 ganizational efficiencies of a non-Federal interest 

10 carrying out a feasibility study of 1 or more 

11 projects; and 

12 (3) to evaluate alternatives for the decentraliza13 tion of the project planning, management, and oper14 ational decisionmaking process of the Corps of Engi15 neers. 

16 (c) ADMINISTRATION.— 

17 (1) IN GENERAL.—On the request of a non18 Federal interest, the Secretary may enter into an 

19 agreement with the non-Federal interest for the non20 Federal interest to provide full project management 

21 control of a feasibility study for a project for— 

22 (A) flood risk management; 

23 (B) hurricane and storm damage reduc24 tion, including levees, floodwalls, flood control 

25 channels, and water control structures; 


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1 (C) coastal harbor and channel and inland 

2 harbor navigation; and 

3 (D) ecosystem restoration. 

4 (2) USE OF NON-FEDERAL FUNDS.— 

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

6 that has entered into an agreement with the 

7 Secretary pursuant to paragraph (1) may use 

8 non-Federal funds to carry out the feasibility 

9 study. 

10 (B) CREDIT.—The Secretary shall credit 

11 towards the non-Federal share of the cost of 

12 construction of a project for which a feasibility 

13 study is carried out under this section an 

14 amount equal to the portion of the cost of de15 veloping the study that would have been the re16 sponsibility of the Secretary, if the study were 

17 carried out by the Secretary, subject to the con18 ditions that— 

19 (i) non-Federal funds were used to 

20 carry out the activities that would have 

21 been the responsibility of the Secretary; 

22 (ii) the Secretary determines that the 

23 feasibility study complies with all applica24 ble Federal laws and regulations; and 


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1 (iii) the project is authorized by any 

2 provision of Federal law enacted after the 

3 date on which an agreement is entered into 

4 under paragraph (1). 

5 (3) TRANSFER OF FUNDS.— 

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

7 an agreement is executed pursuant to para8 graph (1), the Secretary may transfer to the 

9 non-Federal interest to carry out the feasibility 

10 study— 

11 (i) if applicable, the balance of any 

12 unobligated amounts appropriated for the 

13 study, except that the Secretary shall re14 tain sufficient amounts for the Corps of 

15 Engineers to carry out any responsibilities 

16 of the Corps of Engineers relating to the 

17 project and pilot program; and 

18 (ii) additional amounts, as determined 

19 by the Secretary, from amounts made 

20 available under subsection (h), except that 

21 the total amount transferred to the non22 Federal interest shall not exceed the up23 dated estimate of the Federal share of the 

24 cost of the feasibility study. 


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1 (B) ADMINISTRATION.—The Secretary 

2 shall include such provisions as the Secretary 

3 determines to be necessary in an agreement 

4 under paragraph (1) to ensure that a non-Fed5 eral interest receiving Federal funds under this 

6 paragraph— 

7 (i) has the necessary qualifications to 

8 administer those funds; and 

9 (ii) will comply with all applicable 

10 Federal laws (including regulations) relat11 ing to the use of those funds. 

12 (4) NOTIFICATION.—The Secretary shall notify 

13 the Committee on Environment and Public Works of 

14 the Senate and the Committee on Transportation 

15 and Infrastructure of the House of Representatives 

16 on the initiation of each feasibility study under the 

17 pilot program. 

18 (5) AUDITING.—The Secretary shall regularly 

19 monitor and audit each feasibility study carried out 

20 by a non-Federal interest under this section to en21 sure that the use of any funds transferred under 

22 paragraph (3) are used in compliance with the 

23 agreement signed under paragraph (1). 

24 (6) TECHNICAL ASSISTANCE.—On the request 

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


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1 technical assistance to the non-Federal interest re2 lating to any aspect of the feasibility study, if the 

3 non-Federal interest contracts with the Secretary for 

4 the technical assistance and compensates the Sec5 retary for the technical assistance. 

6 (7) DETAILED PROJECT SCHEDULE.—Not later 

7 than 180 days after entering into an agreement 

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

9 the maximum extent practicable, shall submit to the 

10 Secretary a detailed project schedule, based on full 

11 funding capability, that lists all deadlines for mile12 stones relating to the feasibility study. 

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

14 cost-sharing requirement applicable on the day before the 

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

16 out under this section. 

17 (e) REPORT.— 

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

19 the date of enactment of this Act, the Secretary 

20 shall submit to the Committee on Environment and 

21 Public Works of the Senate and the Committee on 

22 Transportation and Infrastructure of the House of 

23 Representatives a report detailing the results of the 

24 pilot program carried out under this section, includ25 ing— 


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1 (A) a description of the progress of the 

2 non-Federal interests in meeting milestones in 

3 detailed project schedules developed pursuant to 

4 subsection (c)(7); and 

5 (B) any recommendations of the Secretary 

6 concerning whether the program or any compo7 nent of the program should be implemented on 

8 a national basis. 

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

10 date of enactment of this Act, the Secretary shall 

11 submit to the Committee on Environment and Pub12 lic Works of the Senate and the Committee on 

13 Transportation and Infrastructure of the House of 

14 Representatives an update of the report described in 

15 paragraph (1). 

16 (3) FAILURE TO MEET DEADLINE.—If the Sec17 retary fails to submit a report by the required dead18 line under this subsection, the Secretary shall sub19 mit to the Committee on Environment and Public 

20 Works of the Senate and the Committee on Trans21 portation and Infrastructure of the House of Rep22 resentatives a detailed explanation of why the dead23 line was missed and a projected date for submission 

24 of the report. 


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

2 would apply to the Secretary if the Secretary were car3 rying out the feasibility study shall apply to a non-Federal 

4 interest carrying out a feasibility study under this section. 

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

6 commence a feasibility study under this section terminates 

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

8 of this Act. 

9 (h) AUTHORIZATION OF APPROPRIATIONS.—In addi10 tion to any amounts appropriated for a specific project, 

11 there is authorized to be appropriated to the Secretary to 

12 carry out the pilot program under this section, including 

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

14 for each of fiscal years 2014 through 2018. 

15 SEC. 2027. TRIBAL PARTNERSHIP PROGRAM. 

16 Section 203 of the Water Resources Development Act 

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

18 (1) in subsection (d)(1)(B)— 

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

20 the following: 

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

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

23 ‘‘(ii) DETERMINATION.—Not later 

24 than 180 days after the date of enactment 

25 of the Water Resources Development Act 


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1 of 2013, the Secretary shall issue guidance 

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

3 and 

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

5 inserting ‘‘2023’’. 

6 SEC. 2028. COOPERATIVE AGREEMENTS WITH COLUMBIA 

7 RIVER BASIN INDIAN TRIBES. 

8 The Secretary may enter into a cooperative agree9 ment with 1 or more federally recognized Indian tribes (or 

10 a designated representative of the Indian tribes) that are 

11 located, in whole or in part, within the boundaries of the 

12 Columbia River Basin to carry out authorized activities 

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

14 water quality, and cultural resources. 

15 SEC. 2029. MILITARY MUNITIONS RESPONSE ACTIONS AT 

16 CIVIL WORKS SHORELINE PROTECTION 

17 PROJECTS. 

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

19 any response action the Secretary determines to be nec20 essary at a site where— 

21 (1) the Secretary has carried out a project 

22 under civil works authority of the Secretary that in23 cludes placing sand on a beach; 

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1 leased as a result of Department of Defense activi2 ties are deposited on the beach, posing a threat to 

3 human health or the environment. 

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

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

6 made available to the agency within the Department of 

7 Defense responsible for the original release of the muni8 tions. 

9 SEC. 2030. BEACH NOURISHMENT. 

10 Section 156 of the Water Resources Development Act 

11 of 1976 (42 U.S.C. 1962d–5f) is amended to read as fol12 lows: 

13 ‘‘SEC. 156. BEACH NOURISHMENT. 

14 ‘‘(a) IN GENERAL.—The Secretary of the Army, act15 ing through the Chief of Engineers, may provide periodic 

16 beach nourishment for each water resources development 

17 project for which that nourishment has been authorized 

18 for an additional period of time, as determined by the Sec19 retary, subject to the condition that the additional period 

20 shall not exceed the later of— 

21 ‘‘(1) 50 years after the date on which the con22 struction of the project is initiated; or 

23 ‘‘(2) the date on which the last estimated peri24 odic nourishment for the project is to be carried out, 


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1 as recommended in the applicable report of the Chief 

2 of Engineers. 

3 ‘‘(b) EXTENSION.—Before the end of the 50-year pe4 riod referred to in subsection (a)(1), the Secretary of the 

5 Army, acting through the Chief of Engineers— 

6 ‘‘(1) may, at the request of the non-Federal in7 terest and subject to the availability of appropria8 tions, carry out a review of a nourishment project 

9 carried out under subsection (a) to evaluate the fea10 sibility of continuing Federal participation in the 

11 project for a period not to exceed 15 years; and 

12 ‘‘(2) shall submit to Congress any recommenda13 tions of the Secretary relating to the review.’’. 

14 SEC. 2031. REGIONAL SEDIMENT MANAGEMENT. 

15 Section 204 of the Water Resources Development Act 

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

17 2003(c)) is amended— 

18 (1) in subsection (a)— 

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

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

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

22 the purposes of improving environmental condi23 tions in marsh and littoral systems, stabilizing 

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1 porting State and local risk management adap2 tation strategies’’ before the period at the end; 

3 (2) in subsection (c)(1)(B)— 

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

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

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

7 (iii); and 

8 (C) by inserting after clause (i) the fol9 lowing: 

10 ‘‘(ii) REDUCTION IN NON-FEDERAL

11 SHARE.—The Secretary may reduce the 

12 non-Federal share of the costs of construc13 tion of a project if the Secretary deter14 mines that, through the beneficial use of 

15 sediment at another Federal project, there 

16 will be an associated reduction or avoid17 ance of Federal costs.’’; 

18 (3) in subsection (d)— 

19 (A) by striking the subsection designation 

20 and heading and inserting the following: 

21 ‘‘(d) SELECTION OF DREDGED MATERIAL DISPOSAL

22 METHOD FOR PURPOSES RELATED TO ENVIRONMENTAL

23 RESTORATION OR STORM DAMAGE AND FLOOD REDUC24 TION.—’’; and 


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1 (B) in paragraph (1), by striking ‘‘in rela2 tion to’’ and all that follows through the period 

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

4 ‘‘(A) the environmental benefits, including 

5 the benefits to the aquatic environment to be 

6 derived from the creation of wetlands and con7 trol of shoreline erosion; or 

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

9 flood reduction benefits, including shoreline pro10 tection, protection against loss of life, and dam11 age to improved property.’’; and 

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

13 and inserting the following: 

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

15 States in the preparation of a comprehensive State 

16 or regional sediment management plan within the 

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

18 SEC. 2032. STUDY ACCELERATION. 

19 (a) FINDINGS.—Congress finds that— 

20 (1) delays in the completion of feasibility stud21 ies— 

22 (A) increase costs for the Federal Govern23 ment as well as State and local governments; 

24 and 


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1 (B) delay the implementation of water re2 sources projects that provide critical benefits, 

3 including reducing flood risk, maintaining com4 mercially important flood risk, and restoring 

5 vital ecosystems; and 

6 (2) the efforts undertaken by the Corps of En7 gineers through the establishment of the ‘‘3–3–3’’ 

8 planning process should be continued. 

9 (b) ACCELERATION OF STUDIES.— 

10 (1) IN GENERAL.—Subject to paragraphs (2) 

11 and (3), a feasibility study initiated after the date 

12 of enactment of this Act shall— 

13 (A) be completed not later than 3 years 

14 after the date of initiation of the study; and 

15 (B) have a maximum Federal cost share of 

16 $3,000,000. 

17 (2) ABILITY TO COMPLY.—On initiating a feasi18 bility study under paragraph (1), the Secretary 

19 shall— 

20 (A) certify that the study will comply with 

21 the requirements of paragraph (1); 

22 (B) for projects the Secretary determines 

23 to be too complex to comply with the require24 ments of paragraph (1)— 


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1 (i) not less than 30 days after making 

2 a determination, notify the non-Federal in3 terest regarding the inability to comply; 

4 and 

5 (ii) provide a new projected timeline 

6 and cost; and 

7 (C) if the study conditions have changed 

8 such that scheduled timelines or study costs will 

9 not be met— 

10 (i) not later than 30 days after the 

11 study conditions change, notify the non12 Federal interest of those changed condi13 tions; and 

14 (ii) present the non-Federal interest 

15 with a new timeline for completion and 

16 new projected study costs. 

17 (3) APPROPRIATIONS.— 

18 (A) IN GENERAL.—All timeline and cost 

19 conditions under this section shall be subject to 

20 the Secretary receiving adequate appropriations 

21 for meeting study timeline and cost require22 ments. 

23 (B) NOTIFICATION.—Not later than 60 

24 days after receiving appropriations, the Sec25 retary shall notify the non-Federal interest of 


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1 any changes to timelines or costs due to inad2 equate appropriations. 

3 (c) REPORT.—Not later than 18 months after the 

4 date of enactment of this Act and each year thereafter, 

5 the Secretary shall submit to the Committee on Environ6 ment and Public Works of the Senate and the Committee 

7 on Transportation and Infrastructure of the House of 

8 Representatives a report that describes— 

9 (1) the status of the implementation of the ‘‘3– 

10 3–3’’ planning process, including the number of par11 ticipating projects; 

12 (2) the amount of time taken to complete all 

13 studies participating in the ‘‘3–3–3’’ planning proc14 ess; and 

15 (3) any recommendations for additional author16 ity necessary to support efforts to expedite the feasi17 bility study process for water resource projects. 

18 SEC. 2033. PROJECT ACCELERATION. 

19 Section 2045 of the Water Resources Development 

20 Act of 2007 (33 U.S.C. 2348) is amended to read as fol21 lows: 

22 ‘‘SEC. 2045. PROJECT ACCELERATION. 

23 ‘‘(a) DEFINITIONS.—In this section: 

24 ‘‘(1) ENVIRONMENTAL IMPACT STATEMENT.— 

25 The term ‘environmental impact statement’ means 


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1 the detailed statement of environmental impacts of 

2 water resources projects required to be prepared 

3 pursuant to the National Environmental Policy Act 

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

5 ‘‘(2) ENVIRONMENTAL REVIEW PROCESS.— 

6 ‘‘(A) IN GENERAL.—The term ‘environ7 mental review process’ means the process of 

8 preparing an environmental impact statement, 

9 environmental assessment, categorical exclusion, 

10 or other document under the National Environ11 mental Policy Act of 1969 (42 U.S.C. 4321 et 

12 seq.) for a water resources project. 

13 ‘‘(B) INCLUSIONS.—The term ‘environ14 mental review process’ includes the process for 

15 and completion of any environmental permit, 

16 approval, review, or study required for a water 

17 resources project under any Federal law other 

18 than the National Environmental Policy Act of 

19 1969 (42 U.S.C. 4321 et seq.). 

20 ‘‘(3) LEAD AGENCY.—The term ‘lead agency’ 

21 means the Corps of Engineers and, if applicable, any 

22 State, local, or tribal governmental entity serving as 

23 a joint lead agency pursuant to this section. 

24 ‘‘(b) POLICY.—The benefits of water resources 

25 projects are important to the economy and environment 


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1 of the United States, and recommendations to Congress 

2 regarding those projects should be accelerated by coordi3 nated and efficient review and cooperative efforts to pre4 vent or quickly resolve disputes during the development 

5 and implementation of those water resources projects. 

6 ‘‘(c) APPLICABILITY.— 

7 ‘‘(1) IN GENERAL.—The project development 

8 procedures under this section apply to the develop9 ment of projects initiated after the date of enact10 ment of the Water Resources Development Act of 

11 2013 and for which the Secretary determines that— 

12 ‘‘(A) an environmental impact statement is 

13 required; or 

14 ‘‘(B) at the discretion of the Secretary, 

15 other water resources projects for which an en16 vironmental review process document is re17 quired to be prepared. 

18 ‘‘(2) FLEXIBILITY.—Any authorities granted in 

19 this section may be exercised, and any requirements 

20 established under this section may be satisfied, for 

21 the development of a water resources project, a class 

22 of those projects, or a program of those projects. 

23 ‘‘(3) LIST OF WATER RESOURCES DEVELOP24 MENT PROJECTS.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 annually prepare, and make publicly available, a 

3 separate list of each study that the Secretary 

4 has determined— 

5 ‘‘(i) meets the standards described in 

6 paragraph (1); and 

7 ‘‘(ii) does not have adequate funding 

8 to make substantial progress toward the 

9 completion of the planning activities for 

10 the water resources project. 

11 ‘‘(B) INCLUSIONS.—The Secretary shall 

12 include for each study on the list under sub13 paragraph (A) a description of the estimated 

14 amounts necessary to make substantial progress 

15 on the study. 

16 ‘‘(4) IMPLEMENTATION GUIDANCE.—The Sec17 retary shall prepare, in consultation with the Council 

18 on Environmental Quality and other Federal agen19 cies with jurisdiction over actions or resources that 

20 may be impacted by a water resources project, guid21 ance documents that describe the processes that the 

22 Secretary will use to implement this section, in ac23 cordance with the civil works program of the Corps 

24 of Engineers and all applicable law. 


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1 ‘‘(d) WATER RESOURCES PROJECT REVIEW PROC2 ESS.—The Secretary shall develop and implement a co3 ordinated review process for the development of water re4 sources projects. 

5 ‘‘(e) IDENTIFICATION OF JURISDICTIONAL AGEN6 CIES.—With respect to the development of each water re7 sources project, the Secretary shall identify, as soon as 

8 practicable, all Federal, State, and local government agen9 cies and Indian tribes that may— 

10 ‘‘(1) have jurisdiction over the project; 

11 ‘‘(2) be required by law to conduct or issue a 

12 review, analysis, or opinion for the project; or 

13 ‘‘(3) be required to make a determination on 

14 issuing a permit, license, or approval for the project. 

15 ‘‘(f) STATE AUTHORITY.—If the coordinated review 

16 process is being implemented under this section by the 

17 Secretary with respect to the development of a water re18 sources project described in subsection (c) within the 

19 boundaries of a State, the State, consistent with State law, 

20 may choose to participate in the process and to make sub21 ject to the process all State agencies that— 

22 ‘‘(1) have jurisdiction over the project; 

23 ‘‘(2) are required to conduct or issue a review, 

24 analysis, or opinion for the project; or 


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1 ‘‘(3) are required to make a determination on 

2 issuing a permit, license, or approval for the project. 

3 ‘‘(g) LEAD AGENCIES.— 

4 ‘‘(1) FEDERAL LEAD AGENCY.—Subject to 

5 paragraph (2), the Corps of Engineers shall be the 

6 lead Federal agency in the environmental review 

7 process for a water resources project. 

8 ‘‘(2) JOINT LEAD AGENCIES.— 

9 ‘‘(A) IN GENERAL.—At the discretion of 

10 the Secretary and subject to any applicable reg11 ulations under the National Environmental Pol12 icy Act of 1969 (42 U.S.C. 4321 et seq.), an 

13 agency other than the Corps of Engineers may 

14 serve as the joint lead agency. 

15 ‘‘(B) NON-FEDERAL INTEREST AS JOINT

16 LEAD AGENCY.—A non-Federal interest that is 

17 a State or local governmental entity— 

18 ‘‘(i) may serve as a joint lead agency 

19 with the Corps of Engineers for purposes 

20 of preparing any environmental document 

21 under the National Environmental Policy 

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

23 ‘‘(ii) may prepare any environmental 

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1 port of any action or approval by the Sec2 retary if— 

3 ‘‘(I) the Corps of Engineers pro4 vides guidance in the preparation 

5 process and independently evaluates 

6 that document; and 

7 ‘‘(II) the Secretary approves and 

8 adopts the document before the Sec9 retary takes any subsequent action or 

10 makes any approval based on that 

11 document, regardless of whether the 

12 action or approval of the Secretary re13 sults in Federal funding. 

14 ‘‘(3) DUTIES.—The Secretary shall ensure 

15 that— 

16 ‘‘(A) the non-Federal interest complies 

17 with all design and mitigation commitments 

18 made jointly by the Secretary and the non-Fed19 eral interest in any environmental document 

20 prepared by the non-Federal interest in accord21 ance with this subsection; and 

22 ‘‘(B) any environmental document pre23 pared by the non-Federal interest is appro24 priately supplemented if changes to the water 

25 resources project become necessary. 


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1 ‘‘(4) ADOPTION AND USE OF DOCUMENTS.— 

2 Any environmental document prepared in accordance 

3 with this subsection may be adopted or used by any 

4 Federal agency making any approval to the same ex5 tent that the Federal agency could adopt or use a 

6 document prepared by another Federal agency. 

7 ‘‘(5) ROLES AND RESPONSIBILITY OF LEAD

8 AGENCY.—With respect to the environmental review 

9 process for any water resources project, the lead 

10 agency shall have authority and responsibility— 

11 ‘‘(A) to take such actions as are necessary 

12 and proper and within the authority and re13 sponsibility of the lead agency to facilitate the 

14 expeditious resolution of the environmental re15 view process for the water resources project; 

16 and 

17 ‘‘(B) to prepare or ensure that any re18 quired environmental impact statement or other 

19 environmental review document for a water re20 sources project required to be completed under 

21 the National Environmental Policy Act of 1969 

22 (42 U.S.C. 4321 et seq.) is completed in ac23 cordance with this section and applicable Fed24 eral law. 

25 ‘‘(h) PARTICIPATING AGENCIES.— 


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1 ‘‘(1) INVITATION.— 

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

3 identify, as early as practicable in the environ4 mental review process for a water resources 

5 project, any other Federal or non-Federal agen6 cies that may have an interest in that project 

7 and invite those agencies to become partici8 pating agencies in the environmental review 

9 process for the water resources project. 

10 ‘‘(B) DEADLINE.—An invitation to partici11 pate issued under subparagraph (A) shall set a 

12 deadline by which a response to the invitation 

13 shall be submitted, which may be extended by 

14 the lead agency for good cause. 

15 ‘‘(2) FEDERAL PARTICIPATING AGENCIES.—Any 

16 Federal agency that is invited by the lead agency to 

17 participate in the environmental review process for a 

18 water resources project shall be designated as a par19 ticipating agency by the lead agency unless the in20 vited agency informs the lead agency, in writing, by 

21 the deadline specified in the invitation that the in22 vited agency— 

23 ‘‘(A) has no jurisdiction or authority with 

24 respect to the water resources project; 


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1 ‘‘(B) has no expertise or information rel2 evant to the water resources project; 

3 ‘‘(C) does not intend to submit comments 

4 on the water resources project; and 

5 ‘‘(D) does not have adequate funds to par6 ticipate in the water resources project. 

7 ‘‘(3) EFFECT OF DESIGNATION.—Designation 

8 as a participating agency under this subsection shall 

9 not imply that the participating agency— 

10 ‘‘(A) supports a proposed water resources 

11 project; or 

12 ‘‘(B) has any jurisdiction over, or special 

13 expertise with respect to evaluation of, the 

14 water resources project. 

15 ‘‘(4) CONCURRENT REVIEWS.—Each partici16 pating agency shall— 

17 ‘‘(A) carry out the obligations of that 

18 agency under other applicable law concurrently 

19 and in conjunction with the required environ20 mental review process, unless doing so would 

21 impair the ability of the Federal agency to con22 duct needed analysis or otherwise carry out 

23 those obligations; and 

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1 able the agency to ensure completion of the en2 vironmental review process in a timely, coordi3 nated, and environmentally responsible manner. 

4 ‘‘(i) PROGRAMMATIC COMPLIANCE.— 

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

6 guidance to allow for the use of programmatic ap7 proaches to carry out the environmental review proc8 ess that— 

9 ‘‘(A) eliminates repetitive discussions of 

10 the same issues; 

11 ‘‘(B) focuses on the actual issues ripe for 

12 analyses at each level of review; 

13 ‘‘(C) establishes a formal process for co14 ordinating with participating agencies, including 

15 the creation of a list of all data that is needed 

16 to carry out an environmental review process; 

17 and 

18 ‘‘(D) is consistent with— 

19 ‘‘(i) the National Environmental Pol20 icy Act of 1969 (42 U.S.C. 4321 et seq.); 

21 and 

22 ‘‘(ii) other applicable laws. 

23 ‘‘(2) REQUIREMENTS.—In carrying out para24 graph (1), the Secretary shall— 


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1 ‘‘(A) as the first step in drafting guidance 

2 under that paragraph, consult with relevant 

3 Federal and State agencies, Indian tribes, and 

4 the public on the appropriate use and scope of 

5 the programmatic approaches; 

6 ‘‘(B) emphasize the importance of collabo7 ration among relevant Federal agencies, State 

8 agencies, and Indian tribes in undertaking pro9 grammatic reviews, especially with respect to 

10 including reviews with a broad geographical 

11 scope; 

12 ‘‘(C) ensure that the programmatic re13 views— 

14 ‘‘(i) promote transparency, including 

15 of the analyses and data used in the envi16 ronmental review process, the treatment of 

17 any deferred issues raised by Federal, 

18 State, or tribal agencies, or the public, and 

19 the temporal and special scales to be used 

20 to analyze those issues; 

21 ‘‘(ii) use accurate and timely informa22 tion in the environmental review process, 

23 including— 


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1 ‘‘(I) criteria for determining the 

2 general duration of the usefulness of 

3 the review; and 

4 ‘‘(II) the timeline for updating 

5 any out-of-date review; 

6 ‘‘(iii) describe— 

7 ‘‘(I) the relationship between pro8 grammatic analysis and future tiered 

9 analysis; and 

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

11 creation of future tiered analysis; and 

12 ‘‘(iv) are available to other relevant 

13 Federal and State agencies, Indian tribes, 

14 and the public; 

15 ‘‘(D) allow not fewer than 60 days of pub16 lic notice and comment on any proposed guid17 ance; and 

18 ‘‘(E) address any comments received under 

19 subparagraph (D). 

20 ‘‘(j) COORDINATED REVIEWS.— 

21 ‘‘(1) COORDINATION PLAN.— 

22 ‘‘(A) ESTABLISHMENT.— 

23 ‘‘(i) IN GENERAL.—The lead agency 

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1 ment on, the environmental review process 

2 for a water resources project or a category 

3 of water resources projects. 

4 ‘‘(ii) INCORPORATION.—The plan es5 tablished under clause (i) shall be incor6 porated into the project schedule mile7 stones set under section 905(g)(2) of the 

8 Water Resources Development Act of 1986 

9 (33 U.S.C. 2282(g)(2)). 

10 ‘‘(2) COMMENT DEADLINES.—The lead agency 

11 shall establish the following deadlines for comment 

12 during the environmental review process for a 

13 project: 

14 ‘‘(A) DRAFT ENVIRONMENTAL IMPACT

15 STATEMENTS.—For comments by Federal and 

16 States agencies and the public on a draft envi17 ronmental impact statement, a period of not 

18 more than 60 days after publication in the Fed19 eral Register of notice of the date of public 

20 availability of the draft environmental impact 

21 statement, unless— 

22 ‘‘(i) a different deadline is established 

23 by agreement of the lead agency, the non24 Federal interest, as applicable, and all par25 ticipating agencies; or 


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1 ‘‘(ii) the deadline is extended by the 

2 lead agency for good cause. 

3 ‘‘(B) OTHER ENVIRONMENTAL REVIEW

4 PROCESSES.—For all comment periods estab5 lished by the lead agency for agency or public 

6 comments in the environmental review process 

7 other than for a draft environmental impact 

8 statement, a period of not more than 30 days 

9 after the date on which the materials on which 

10 comment is requested are made available, un11 less— 

12 ‘‘(i) a different deadline is established 

13 by agreement of the lead agency, the non14 Federal interest, and all participating 

15 agencies; or 

16 ‘‘(ii) the deadline is extended by the 

17 lead agency for good cause. 

18 ‘‘(3) DEADLINES FOR DECISIONS UNDER

19 OTHER LAWS.—In any case in which a decision 

20 under any Federal law relating to a project, includ21 ing the issuance or denial of a permit or license, is 

22 required to be made by the date described in sub23 section (k)(6)(B)(ii), the Secretary shall submit to 

24 the Committee on Environment and Public Works of 

25 the Senate and the Committee on Transportation 


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1 and Infrastructure of the House of Representa2 tives— 

3 ‘‘(A) as soon as practicable after the 180- 

4 day period, an initial notice of the failure of the 

5 Federal agency to make the decision; and 

6 ‘‘(B) every 60 days thereafter until such 

7 date as all decisions of the Federal agency re8 lating to the project have been made by the 

9 Federal agency, an additional notice that de10 scribes the number of decisions of the Federal 

11 agency that remain outstanding as of the date 

12 of the additional notice. 

13 ‘‘(4) INVOLVEMENT OF THE PUBLIC.—Nothing 

14 in this subsection shall reduce any time period pro15 vided for public comment in the environmental re16 view process under existing Federal law (including 

17 regulations). 

18 ‘‘(k) ISSUE IDENTIFICATION AND RESOLUTION.— 

19 ‘‘(1) COOPERATION.—The lead agency and the 

20 participating agencies shall work cooperatively in ac21 cordance with this section to identify and resolve 

22 issues that could delay completion of the environ23 mental review process or result in the denial of any 

24 approval required for the project under applicable 

25 laws. 


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1 ‘‘(2) LEAD AGENCY RESPONSIBILITIES.— 

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

3 make information available to the participating 

4 agencies as early as practicable in the environ5 mental review process regarding the environ6 mental and socioeconomic resources located 

7 within the project area and the general loca8 tions of the alternatives under consideration. 

9 ‘‘(B) DATA SOURCES.—The information 

10 under subparagraph (A) may be based on exist11 ing data sources, including geographic informa12 tion systems mapping. 

13 ‘‘(3) PARTICIPATING AGENCY RESPONSIBIL14 ITIES.—Based on information received from the lead 

15 agency, participating agencies shall identify, as early 

16 as practicable, any issues of concern regarding the 

17 potential environmental or socioeconomic impacts of 

18 the project, including any issues that could substan19 tially delay or prevent an agency from granting a 

20 permit or other approval that is needed for the 

21 project. 

22 ‘‘(4) INTERIM DECISION ON ACHIEVING ACCEL23 ERATED DECISIONMAKING.— 

24 ‘‘(A) IN GENERAL.—Not later than 30 

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1 riod on a draft environmental impact statement, 

2 the Secretary may convene a meeting with the 

3 non-Federal interest or joint lead agency, as ap4 plicable, relevant resource agencies, and rel5 evant Federal and State agencies to establish a 

6 schedule of deadlines to complete decisions re7 garding the project. 

8 ‘‘(B) DEADLINES.— 

9 ‘‘(i) IN GENERAL.—The deadlines re10 ferred to in subparagraph (A) shall be 

11 those established by the Secretary, in con12 sultation with the non-Federal interest or 

13 joint lead agency, as applicable, and other 

14 relevant Federal and State agencies. 

15 ‘‘(ii) FACTORS FOR CONSIDER16 ATION.—In establishing a schedule, the 

17 Secretary shall consider factors such as— 

18 ‘‘(I) the responsibilities of par19 ticipating agencies under applicable 

20 laws; 

21 ‘‘(II) the resources available to 

22 the non-Federal interest, joint lead 

23 agency, and other relevant Federal 

24 and State agencies, as applicable; 


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1 ‘‘(III) the overall size and com2 plexity of the project; 

3 ‘‘(IV) the overall schedule for 

4 and cost of the project; and 

5 ‘‘(V) the sensitivity of the natural 

6 and historical resources that could be 

7 affected by the project. 

8 ‘‘(iii) MODIFICATIONS.—The Sec9 retary may— 

10 ‘‘(I) lengthen a schedule under 

11 clause (i) for good cause; and 

12 ‘‘(II) shorten a schedule only 

13 with concurrence of the affected non14 Federal interest, joint agency, or rel15 evant Federal and State agencies, as 

16 applicable. 

17 ‘‘(C) FAILURE TO MEET DEADLINE.—If 

18 the agencies described in subparagraph (A) can19 not provide reasonable assurances that the 

20 deadlines described in subparagraph (B) will be 

21 met, the Secretary may initiate the issue resolu22 tion and referral process described under para23 graph (5) before the completion of the record of 

24 decision. 


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1 ‘‘(5) ACCELERATED ISSUE RESOLUTION AND

2 REFERRAL.— 

3 ‘‘(A) AGENCY ISSUE RESOLUTION MEET4 ING.— 

5 ‘‘(i) IN GENERAL.—A participating 

6 agency or non-Federal interest may re7 quest an issue resolution meeting to be 

8 conducted by the Secretary. 

9 ‘‘(ii) ACTION BY SECRETARY.—The 

10 Secretary shall convene an issue resolution 

11 meeting under clause (i) with the relevant 

12 participating agencies and the non-Federal 

13 interest, as applicable, to resolve issues 

14 that could— 

15 ‘‘(I) delay completion of the envi16 ronmental review process; or 

17 ‘‘(II) result in denial of any ap18 provals required for the project under 

19 applicable laws. 

20 ‘‘(iii) DATE.—A meeting requested 

21 under this subparagraph shall be held not 

22 later than 21 days after the date on which 

23 the Secretary receives the request for the 

24 meeting, unless the Secretary determines 


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1 that there is good cause to extend that 

2 deadline. 

3 ‘‘(iv) NOTIFICATION.—On receipt of a 

4 request for a meeting under this subpara5 graph, the Secretary shall notify all rel6 evant participating agencies of the request, 

7 including the issue to be resolved and the 

8 date for the meeting. 

9 ‘‘(v) DISPUTES.—If a relevant partici10 pating agency with jurisdiction over an ap11 proval required for a project under applica12 ble law determines that the relevant infor13 mation necessary to resolve the issue has 

14 not been obtained and could not have been 

15 obtained within a reasonable time, but the 

16 Secretary disagrees, the resolution of the 

17 dispute shall be forwarded to the heads of 

18 the relevant agencies for resolution. 

19 ‘‘(vi) CONVENTION BY LEAD AGEN20 CY.—The Secretary may convene an issue 

21 resolution meeting under this subsection at 

22 any time, at the discretion of the Sec23 retary, regardless of whether a meeting is 

24 requested under clause (i). 

25 ‘‘(vii) EXCEPTION.— 


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1 ‘‘(I) IN GENERAL.—The issue 

2 resolution and referral process under 

3 this subparagraph shall not be initi4 ated if the applicable agency— 

5 ‘‘(aa) certifies that— 

6 ‘‘(AA) the agency has 

7 not received necessary infor8 mation or approvals from 

9 another entity in a manner 

10 that affects the ability of the 

11 agency to meet any require12 ments under Federal, State, 

13 or local law; 

14 ‘‘(BB) significant new 

15 information or cir16 cumstances, including a 

17 major modification to an as18 pect of the project, requires 

19 additional analysis for the 

20 agency to make a decision 

21 on the project application; or 

22 ‘‘(CC) the agency lacks 

23 the financial resources to 

24 complete the review under 

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1 cluding a description of the 

2 number of full-time employ3 ees required to complete the 

4 review, the amount of fund5 ing required to complete the 

6 review, and a justification as 

7 to why there is not enough 

8 funding available to com9 plete the review by the dead10 line; and 

11 ‘‘(bb) establishes a new 

12 deadline for completion of the re13 view. 

14 ‘‘(II) INSPECTOR GENERAL.—If 

15 the applicable agency makes a certifi16 cation under subclause (I)(aa)(CC), 

17 the Inspector General of the applica18 ble agency shall conduct a financial 

19 audit to review that certification and 

20 submit a report on that certification 

21 within 90 days to the Committee on 

22 Environment and Public Works of the 

23 Senate and the Committee on Trans24 portation and Infrastructure of the 

25 House of Representatives. 


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1 ‘‘(B) ELEVATION OF ISSUE RESOLU2 TION.— 

3 ‘‘(i) IN GENERAL.—If issue resolution 

4 is not achieved by not later than 30 days 

5 after the date on which a relevant meeting 

6 is held under subparagraph (A), the Sec7 retary shall notify the heads of the relevant 

8 participating agencies and the non-Federal 

9 interest that an issue resolution meeting 

10 will be convened. 

11 ‘‘(ii) REQUIREMENTS.—The Secretary 

12 shall identify the issues to be addressed at 

13 the meeting and convene the meeting not 

14 later than 30 days after the date on which 

15 the notice is issued. 

16 ‘‘(C) REFERRAL OF ISSUE RESOLUTION.— 

17 ‘‘(i) REFERRAL TO COUNCIL ON ENVI18 RONMENTAL QUALITY.— 

19 ‘‘(I) IN GENERAL.—If a resolu20 tion is not achieved by not later than 

21 30 days after the date on which an 

22 issue resolution meeting is held under 

23 subparagraph (B), the Secretary shall 

24 refer the matter to the Council on En25 vironmental Quality. 


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1 ‘‘(II) MEETING.—Not later than 

2 30 days after the date on which the 

3 Council on Environmental Quality re4 ceives a referral from the Secretary 

5 under subclause (I), the Council on 

6 Environmental Quality shall hold an 

7 issue resolution meeting with the lead 

8 agency, the heads of relevant partici9 pating agencies and the non-Federal 

10 interest. 

11 ‘‘(ii) REFERRAL TO THE PRESI12 DENT.—If a resolution of the issue is not 

13 achieved by not later than 30 days after 

14 the date on which an issue resolution meet15 ing is convened by the Council on Environ16 mental Quality under clause (i)(II), the 

17 Secretary shall refer the matter directly to 

18 the President. 

19 ‘‘(6) FINANCIAL PENALTY PROVISIONS.— 

20 ‘‘(A) IN GENERAL.—A Federal agency with 

21 jurisdiction over an approval required for a 

22 project under applicable Federal laws (including 

23 regulations) shall complete any required ap24 proval on an expeditious basis using the short25 est existing applicable process. 


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1 ‘‘(B) FAILURE TO DECIDE.— 

2 ‘‘(i) IN GENERAL.—If an agency de3 scribed in subparagraph (A) fails to render 

4 a decision under any Federal law relating 

5 to a project that requires the preparation 

6 of an environmental impact statement or 

7 environmental assessment, including the 

8 issuance or denial of a permit, license, or 

9 other approval by the date described in 

10 clause (ii), an amount of funding equal to 

11 the amounts specified in subclause (I) or 

12 (II) shall be transferred from the applica13 ble office of the head of the agency, or 

14 equivalent office to which the authority for 

15 rendering the decision has been delegated 

16 by law to the agency or division charged 

17 with rendering a decision regarding the ap18 plication by not later than 1 day after the 

19 applicable date under clause (ii), and once 

20 each week thereafter until a final decision 

21 is rendered, subject to subparagraph (C)— 

22 ‘‘(I) $20,000 for any project re23 quiring the preparation of an environ24 mental assessment or environmental 

25 impact statement; or 


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1 ‘‘(II) $10,000 for any project re2 quiring any type of review under the 

3 National Environmental Policy Act of 

4 1969 (42 U.S.C. 4321 et seq.) other 

5 than an environmental assessment or 

6 environmental impact statement. 

7 ‘‘(ii) DESCRIPTION OF DATE.—The 

8 date referred to in clause (i) is the later 

9 of— 

10 ‘‘(I) the date that is 180 days 

11 after the date on which an application 

12 for the permit, license, or approval is 

13 complete; and 

14 ‘‘(II) the date that is 180 days 

15 after the date on which the Federal 

16 lead agency issues a decision on the 

17 project under the National Environ18 mental Policy Act of 1969 (42 U.S.C. 

19 4321 et seq.). 

20 ‘‘(C) LIMITATIONS.— 

21 ‘‘(i) IN GENERAL.—No transfer of 

22 funds under subparagraph (B) relating to 

23 an individual project shall exceed, in any 

24 fiscal year, an amount equal to 1 percent 


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1 of the funds made available for the appli2 cable agency office. 

3 ‘‘(ii) FAILURE TO DECIDE.—The total 

4 amount transferred in a fiscal year as a re5 sult of a failure by an agency to make a 

6 decision by an applicable deadline shall not 

7 exceed an amount equal to 5 percent of the 

8 funds made available for the applicable 

9 agency office for that fiscal year. 

10 ‘‘(D) NO FAULT OF AGENCY.—A transfer 

11 of funds under this paragraph shall not be 

12 made if— 

13 ‘‘(i) the applicable agency described in 

14 subparagraph (A) certifies that— 

15 ‘‘(I) the agency has not received 

16 necessary information or approvals 

17 from another entity in a manner that 

18 affects the ability of the agency to 

19 meet any requirements under Federal, 

20 State, or local law; 

21 ‘‘(II) significant new information 

22 or circumstances, including a major 

23 modification to an aspect of the 

24 project, requires additional analysis 


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1 for the agency to make a decision on 

2 the project application; or 

3 ‘‘(III) the agency lacks the finan4 cial resources to complete the review 

5 under the scheduled timeframe, in6 cluding a description of the number of 

7 full-time employees required to com8 plete the review, the amount of fund9 ing required to complete the review, 

10 and a justification as to why there is 

11 not enough funding available to com12 plete the review by the deadline; and 

13 ‘‘(ii) if the applicable agency makes a 

14 certification under clause (i)(III), the In15 spector General of the applicable agency 

16 shall conduct a financial audit to review 

17 that certification and submit a report on 

18 that certification within 90 days to the 

19 Committee on Environment and Public 

20 Works of the Senate and the Committee on 

21 Transportation and Infrastructure of the 

22 House of Representatives. 

23 ‘‘(E) LIMITATION.—The Federal agency 

24 from which funds are transferred pursuant to 

25 this paragraph shall not reprogram funds to the 


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1 office of the head of the agency, or equivalent 

2 office, to reimburse that office for the loss of 

3 the funds. 

4 ‘‘(F) AUDITS.—In any fiscal year in which 

5 any funds are transferred from a Federal agen6 cy pursuant to this paragraph, the Inspector 

7 General of that agency shall— 

8 ‘‘(i) conduct an audit to assess com9 pliance with the requirements of this para10 graph; and 

11 ‘‘(ii) not later than 120 days after the 

12 end of the fiscal year in which the transfer 

13 occurred, submit to the Committee on En14 vironment and Public Works of the Senate 

15 and the Committee on Transportation and 

16 Infrastructure of the House of Representa17 tives a report describing the reasons why 

18 the transfers were levied, including alloca19 tions of resources. 

20 ‘‘(G) EFFECT OF PARAGRAPH.—Nothing 

21 in this paragraph affects or limits the applica22 tion of, or obligation to comply with, any Fed23 eral, State, local, or tribal law. 

24 ‘‘(l) PERFORMANCE MEASUREMENT.—The Secretary 

25 shall establish a program to measure and report on 


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1 progress made toward improving and expediting the plan2 ning and environmental review process. 

3 ‘‘(m) MEMORANDUM OF AGREEMENTS FOR EARLY

4 COORDINATION.— 

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

6 Congress that— 

7 ‘‘(A) the Secretary and other Federal 

8 agencies with relevant jurisdiction in the envi9 ronmental review process should cooperate with 

10 each other, State agencies, and Indian tribes on 

11 environmental review and water resources 

12 project delivery activities at the earliest prac13 ticable time to avoid delays and duplication of 

14 effort later in the process, prevent potential 

15 conflicts, and ensure that planning and water 

16 resources project development decisions reflect 

17 environmental values; and 

18 ‘‘(B) the cooperation referred to in sub19 paragraph (A) should include the development 

20 of policies and the designation of staff that ad21 vise planning agencies and non-Federal inter22 ests of studies or other information foreseeably 

23 required for later Federal action and early con24 sultation with appropriate State and local agen25 cies and Indian tribes. 


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1 ‘‘(2) TECHNICAL ASSISTANCE.—If requested at 

2 any time by a State or non-Federal interest, the 

3 Secretary and other Federal agencies with relevant 

4 jurisdiction in the environmental review process, 

5 shall, to the maximum extent practicable and appro6 priate, as determined by the agencies, provide tech7 nical assistance to the State or non-Federal interest 

8 in carrying out early coordination activities. 

9 ‘‘(3) MEMORANDUM OF AGENCY AGREEMENT.— 

10 If requested at any time by a State or non-Federal 

11 interest, the lead agency, in consultation with other 

12 Federal agencies with relevant jurisdiction in the en13 vironmental review process, may establish memo14 randa of agreement with the non-Federal interest, 

15 State and local governments, and other appropriate 

16 entities to carry out the early coordination activities, 

17 including providing technical assistance in identi18 fying potential impacts and mitigation issues in an 

19 integrated fashion. 

20 ‘‘(n) LIMITATIONS.—Nothing in this section pre21 empts, supersedes, amends, modifies, or interferes with— 

22 ‘‘(1) any statutory requirement for seeking pub23 lic comment; 

24 ‘‘(2) any power, jurisdiction, or authority that 

25 a Federal, State, or local government agency, Indian 


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1 tribe, or non-Federal interest has with respect to 

2 carrying out a water resources project; 

3 ‘‘(3) any obligation to comply with the provi4 sions of the National Environmental Policy Act of 

5 1969 (42 U.S.C. 4321 et seq.) and the regulations 

6 issued by the Council on Environmental Quality to 

7 carry out that Act or any other Federal environ8 mental law; 

9 ‘‘(4) the reviewability of any final Federal agen10 cy action in a court of the United States or in the 

11 court of any State; 

12 ‘‘(5) any practice of seeking, considering, or re13 sponding to public comment; or 

14 ‘‘(6) any power, jurisdiction, responsibility, or 

15 authority that a Federal, State, or local govern16 mental agency, Indian tribe, or non-Federal interest 

17 has with respect to carrying out a water resources 

18 project or any other provision of law applicable to 

19 water resources development projects. 

20 ‘‘(o) CATEGORICAL EXCLUSIONS.— 

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

22 after the date of enactment of this subsection, the 

23 Secretary shall— 


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1 ‘‘(A) survey the use by the Corps of Engi2 neers of categorical exclusions in water re3 sources projects since 2005; 

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

5 includes a description of— 

6 ‘‘(i) the types of actions categorically 

7 excluded; and 

8 ‘‘(ii) any requests previously received 

9 by the Secretary for new categorical exclu10 sions; and 

11 ‘‘(C) solicit requests from other Federal 

12 agencies and non-Federal interests for new cat13 egorical exclusions. 

14 ‘‘(2) NEW CATEGORICAL EXCLUSIONS.—Not 

15 later than 1 year after the date of enactment of this 

16 subsection, if the Secretary has identified a categor17 ical exclusion that did not exist on the day before 

18 the date of enactment of this subsection based on 

19 the review under paragraph (1), the Secretary shall 

20 publish a notice of proposed rulemaking to propose 

21 that new categorical exclusion, to the extent that the 

22 categorical exclusion meets the criteria for a categor23 ical exclusion under section 1508.4 of title 40, Code 

24 of Federal Regulations (or successor regulation). 


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1 ‘‘(p) REVIEW OF WATER RESOURCES PROJECT AC2 CELERATION REFORMS.— 

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

4 the United States shall— 

5 ‘‘(A) assess the reforms carried out under 

6 this section; and 

7 ‘‘(B) not later than 5 years after the date 

8 of enactment of this subsection, submit to the 

9 Committee on Transportation and Infrastruc10 ture of the House of Representatives and the 

11 Committee on Environment and Public Works 

12 of the Senate a report that describes the results 

13 of the assessment. 

14 ‘‘(2) INSPECTOR GENERAL REPORT.—The In15 spector General of the Corps of Engineers shall— 

16 ‘‘(A) assess the reforms carried out under 

17 this section; and 

18 ‘‘(B) submit to the Committee on Trans19 portation and Infrastructure of the House of 

20 Representatives and the Committee on Environ21 ment and Public Works of the Senate— 

22 ‘‘(i) not later than 2 years after the 

23 date of enactment of this subsection, an 

24 initial report of the findings of the Inspec25 tor General; and 


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1 ‘‘(ii) not later than 4 years after the 

2 date of enactment of this subsection, a 

3 final report of the findings.’’. 

4 SEC. 2034. FEASIBILITY STUDIES. 

5 Section 905 of the Water Resources Development Act 

6 of 1986 (33 U.S.C. 2282) is amended by adding at the 

7 end the following: 

8 ‘‘(g) DETAILED PROJECT SCHEDULE.— 

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

10 after the date of enactment of this subsection, the 

11 Secretary shall determine a set of milestones needed 

12 for the completion of a feasibility study under this 

13 subsection, including all major actions, report sub14 missions and responses, reviews, and comment peri15 ods. 

16 ‘‘(2) DETAILED PROJECT SCHEDULE MILE17 STONES.—Each District Engineer shall, to the max18 imum extent practicable, establish a detailed project 

19 schedule, based on full funding capability, that lists 

20 all deadlines for milestones relating to feasibility 

21 studies in the District developed by the Secretary 

22 under paragraph (1). 

23 ‘‘(3) NON-FEDERAL INTEREST NOTIFICA24 TION.—Each District Engineer shall submit by cerVerDate Mar 15 2010 00:08 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\S601.IS S601

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1 tified mail the detailed project schedule under para2 graph (2) to each relevant non-Federal interest— 

3 ‘‘(A) for projects that have received fund4 ing from the General Investigations Account of 

5 the Corps of Engineers in the period beginning 

6 on October 1, 2009, and ending on the date of 

7 enactment of this section, not later than 180 

8 days after the establishment of milestones 

9 under paragraph (1); and 

10 ‘‘(B) for projects for which a feasibility 

11 cost-sharing agreement is executed after the es12 tablishment of milestones under paragraph (1), 

13 not later than 90 days after the date on which 

14 the agreement is executed. 

15 ‘‘(4) CONGRESSIONAL AND PUBLIC NOTIFICA16 TION.—Beginning in the first full fiscal year after 

17 the date of enactment of this Act, the Secretary 

18 shall— 

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

20 detailed project schedules under paragraph (2) 

21 and an explanation of any missed deadlines to 

22 the Committee on Environment and Public 

23 Works of the Senate and the Committee on 

24 Transportation and Infrastructure of the House 

25 of Representatives; and 


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

2 the Internet, a copy of the annual report de3 scribed in subparagraph (A) not later than 14 

4 days after date on which a report is submitted 

5 to Congress. 

6 ‘‘(5) FAILURE TO ACT.—If a District Engineer 

7 fails to meet any of the deadlines in the project 

8 schedule under paragraph (2), the District Engineer 

9 shall— 

10 ‘‘(A) not later than 30 days after each 

11 missed deadline, submit to the non-Federal in12 terest a report detailing— 

13 ‘‘(i) why the District Engineer failed 

14 to meet the deadline; and 

15 ‘‘(ii) a revised project schedule reflect16 ing amended deadlines for the feasibility 

17 study; and 

18 ‘‘(B) not later than 30 days after each 

19 missed deadline, make publicly available, includ20 ing on the Internet, a copy of the amended 

21 project schedule described in subparagraph 

22 (A)(ii).’’. 

23 SEC. 2035. ACCOUNTING AND ADMINISTRATIVE EXPENSES. 

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

25 interest, the Secretary shall provide to the non-Federal inVerDate Mar 15 2010 00:08 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\S601.IS S601

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1 terest a detailed accounting of the Federal expenses asso2 ciated with a water resources project. 

3 (b) STUDY.— 

4 (1) IN GENERAL.—The Secretary shall contract 

5 with the National Academy of Public Administration 

6 to carry out a study on the efficiency of the Corps 

7 Engineers current staff salaries and administrative 

8 expense procedures as compared to using a separate 

9 administrative expense account. 

10 (2) CONTENTS.—The study under paragraph 

11 (1) shall include any recommendations of the Na12 tional Academy of Public Administration for im13 provements to the budgeting and administrative 

14 processes that will increase the efficiency of the 

15 Corps of Engineers project delivery. 

16 SEC. 2036. DETERMINATION OF PROJECT COMPLETION. 

17 (a) IN GENERAL.—The Secretary shall transfer to 

18 the non-Federal interest the responsibility for the oper19 ation and maintenance of any water resources project for 

20 which operation and maintenance is required of the non21 Federal interest or separable element or functional portion 

22 of that water resources project on such date that the Sec23 retary determines that the project is complete. 

24 (b) NON-FEDERAL INTEREST APPEAL OF DETER25 MINATION.— 


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

2 receiving a notification under subparagraph (a), the 

3 non-Federal interest may appeal the completion de4 termination of the Secretary in writing. 

5 (2) INDEPENDENT REVIEW.— 

6 (A) IN GENERAL.—On notification that a 

7 non-Federal interest has submitted an appeal 

8 under paragraph (1), the Secretary shall con9 tract with 1 or more independent, non-Federal 

10 experts to determine whether the applicable 

11 water resources project or separable element or 

12 functional portion of the water resources project 

13 is complete. 

14 (B) TIMELINE.—An independent review 

15 carried out under subparagraph (A) shall be 

16 completed not later than 180 days after the 

17 date on which the Secretary receives an appeal 

18 from a non-Federal interest under paragraph 

19 (1). 

20 SEC. 2037. PROJECT PARTNERSHIP AGREEMENTS. 

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

22 the National Academy of Public Administration to carry 

23 out a comprehensive review of the process for preparing, 

24 negotiating, and approving Project Partnership AgreeVerDate Mar 15 2010 00:08 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\S601.IS S601

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1 ments and the Project Partnership Agreement template, 

2 which shall include— 

3 (1) a review of the process for preparing, nego4 tiating, and approving Project Partnership Agree5 ments, as in effect on the day before the date of en6 actment of this Act; 

7 (2) an evaluation of how the concerns of a non8 Federal interest relating to the Project Partnership 

9 Agreement and suggestions for modifications to the 

10 Project Partnership Agreement made by a non-Fed11 eral interest are accommodated; 

12 (3) recommendations for how the concerns and 

13 modifications described in paragraph (2) can be bet14 ter accommodated; 

15 (4) recommendations for how the Project Part16 nership Agreement template can be made more effi17 cient; and 

18 (5) recommendations for how to make the proc19 ess for preparing, negotiating, and approving Project 

20 Partnership Agreements more efficient. 

21 (b) REPORT.—The Secretary shall submit a report 

22 describing the findings of the National Academy of Public 

23 Administration to the Committee on Environment and 

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1 portation and Infrastructure of the House of Representa2 tives. 

3 SEC. 2038. INTERAGENCY AND INTERNATIONAL SUPPORT 

4 AUTHORITY. 

5 Section 234 of the Water Resources Development Act 

6 of 1996 (33 U.S.C. 2323a) is amended— 

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

8 agencies,’’ and inserting ‘‘Federal departments or 

9 agencies, nongovernmental organizations,’’; 

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

11 governments’’ after ‘‘organizations’’; 

12 (3) in subsection (c), by inserting ‘‘and restora13 tion’’ after ‘‘protection’’; and 

14 (4) in subsection (d)— 

15 (A) in the first sentence— 

16 (i) by striking ‘‘There is’’ and insert17 ing ‘‘(1) IN GENERAL.—There is’’; and 

18 (ii) by striking ‘‘2008’’ and inserting 

19 ‘‘2014’’; and 

20 (B) in the second sentence— 

21 (i) by striking ‘‘The Secretary’’ and 

22 inserting ‘‘(2) ACCEPTANCE OF FUNDS.— 

23 The Secretary’’; and 

24 (ii) by striking ‘‘other Federal agen25 cies’’ and inserting ‘‘Federal departments 


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1 or agencies, nongovernmental organiza2 tions’’. 

3 SEC. 2039. ACCEPTANCE OF CONTRIBUTED FUNDS TO IN4 CREASE LOCK OPERATIONS. 

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

6 public notice, shall establish a pilot program for the ac7 ceptance and expenditure of funds contributed by non8 Federal interests to increase the hours of operation of 

9 locks at water resources development projects. 

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

11 program under this section shall not affect the periodic 

12 review and adjustment of hours of operation of locks based 

13 on increases in commercial traffic carried out by the Sec14 retary. 

15 (c) PUBLIC COMMENT.—Not later than 180 days be16 fore a proposed modification to the operation of a lock 

17 at a water resources development project will be carried 

18 out, the Secretary shall— 

19 (1) publish the proposed modification in the 

20 Federal Register; and 

21 (2) accept public comment on the proposed 

22 modification. 

23 (d) REPORTS.— 

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

25 the date of enactment of this Act, the Secretary 


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1 shall submit to the Committee on Transportation 

2 and Infrastructure of the House of Representatives 

3 and the Committee on Environment and Public 

4 Works of the Senate a report that evaluates the 

5 cost-savings resulting from reduced lock hours and 

6 any economic impacts of modifying lock operations. 

7 (2) REVIEW OF PILOT PROGRAM.—Not later 

8 than September 30, 2017 and each year thereafter, 

9 the Secretary shall submit to the Committee on 

10 Transportation and Infrastructure of the House of 

11 Representatives and the Committee on Environment 

12 and Public Works of the Senate a report that de13 scribes the effectiveness of the pilot program under 

14 this section. 

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

16 an annual review of the commercial use of locks and make 

17 any necessary adjustments to lock operations based on 

18 that review. 

19 (f) TERMINATION.—The authority to accept funds 

20 under this section shall terminate 5 years after the date 

21 of enactment of this Act. 

22 SEC. 2040. EMERGENCY RESPONSE TO NATURAL DISAS23 TERS. 

24 (a) IN GENERAL.—Section 5(a)(1) of the Act entitled 

25 ‘‘An Act authorizing the construction of certain public 


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1 works on rivers and harbors for flood control, and for 

2 other purposes’’, approved August 18, 1941 (33 U.S.C. 

3 701n(a)(1)), is amended in the first sentence by striking 

4 ‘‘structure damaged or destroyed by wind, wave, or water 

5 action of other than an ordinary nature when in the dis6 cretion of the Chief of Engineers such repair and restora7 tion is warranted for the adequate functioning of the 

8 structure for hurricane or shore protection’’ and inserting 

9 ‘‘structure or project damaged or destroyed by wind, wave, 

10 or water action of other than an ordinary nature to the 

11 design level of protection when, in the discretion of the 

12 Chief of Engineers, such repair and restoration is war13 ranted for the adequate functioning of the structure or 

14 project for hurricane or shore protection, subject to the 

15 condition that the Chief of Engineers may include modi16 fications to the structure or project to address major defi17 ciencies’’. 

18 (b) REPORT.— 

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

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

21 thereafter, the Secretary shall submit to the Com22 mittee on Environment and Public Works of the 

23 Senate and the Committee on Transportation and 

24 Infrastructure of the House of Representatives a re25 port detailing the amounts expended in the previous 


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1 5 fiscal years to carry out Corps of Engineers 

2 projects under section 5 of the Act entitled ‘‘An Act 

3 authorizing the construction of certain public works 

4 on rivers and harbors for flood control, and for other 

5 purposes’’, approved August 18, 1941 (33 U.S.C. 

6 701n). 

7 (2) INCLUSIONS.—A report under paragraph 

8 (1) shall, at a minimum, include a description of— 

9 (A) each project for which amounts are ex10 pended, including the type of project and cost 

11 of the project; and 

12 (B) how the Secretary has restored or in13 tends to restore the project to the design level 

14 of protection for the project. 

15 SEC. 2041. SYSTEMWIDE IMPROVEMENT FRAMEWORKS. 

16 A levee system shall remain eligible for rehabilitation 

17 assistance under the authority provided by section 5 of 

18 the Act entitled ‘‘An Act authorizing the construction of 

19 certain public works on rivers and harbors for flood con20 trol, and for other purposes’’ (33 U.S.C. 701n) as long 

21 as the levee system sponsor continues to make satisfactory 

22 progress, as determined by the Secretary, on an approved 

23 systemwide improvement framework or letter of intent. 


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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.— 


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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 

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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.— 


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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 


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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 fea10 sible and lower maintenance costs of those inland 

11 and intracoastal waterways. 

12 (2) PILOT PROGRAM GOALS.—A project under 

13 the pilot program shall, to the maximum extent 

14 practicable— 

15 (A) develop or demonstrate innovative 

16 technologies; 

17 (B) implement efficient designs to prevent 

18 erosion at a riverbank site, taking into account 

19 the lifecycle cost of the design, including clean20 up, maintenance, and amortization; 

21 (C) prioritize natural designs, including 

22 the use of native and naturalized vegetation or 

23 temporary structures that minimize permanent 

24 structural alterations to the riverbank; 


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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 


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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 


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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). 


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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. 


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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— 


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1 (A) address an identified threat to public 

2 health, safety, or welfare; 

3 (B) preserve, establish, or restore habitats 

4 of national significance; and 

5 (C) preserve habitats of importance for 

6 federally protected species, including migratory 

7 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 


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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— 


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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 


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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. 


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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 


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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. 


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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 Section 1001(b) of the Water Resources Development 

20 Act of 1986 (33 U.S.C. 579a(b)) is amended— 

21 (1) by striking paragraph (2) and inserting the 

22 following: 

23 ‘‘(2) LIST OF PROJECTS.— 

24 ‘‘(A) IN GENERAL.—Notwithstanding sec25 tion 3003 of Public Law 104–66 (31 U.S.C. 


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1 1113 note; 109 Stat. 734), each year, after the 

2 submission of the list under paragraph (1), the 

3 Secretary shall submit to Congress a list of 

4 projects or separable elements of projects that 

5 have been authorized but that have received no 

6 obligations during the 5 full fiscal years pre7 ceding the submission of that list. 

8 ‘‘(B) ADDITIONAL NOTIFICATION.—On 

9 submission of the list under subparagraph (A) 

10 to Congress, the Secretary shall notify— 

11 ‘‘(i) each Senator in whose State and 

12 each Member of the House of Representa13 tives in whose district a project (including 

14 any part of a project) on that list would be 

15 located; and 

16 ‘‘(ii) each applicable non-Federal in17 terest associated with a project (including 

18 any part of a project) on that list. 

19 ‘‘(C) DEAUTHORIZATION.—A project or 

20 separable element included in the list under 

21 subparagraph (A) is not authorized after the 

22 last date of the fiscal year following the fiscal 

23 year in which the list is submitted to Congress, 

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1 ning, design, or construction of the project or 

2 element of the project during that period.’’; and 

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

4 ‘‘(3) MINIMUM FUNDING LIST.—At the end of 

5 each fiscal year, the Secretary shall submit to Con6 gress a list of— 

7 ‘‘(A) projects or separable elements of 

8 projects authorized for construction for which 

9 funding has been obligated in the 5 previous 

10 fiscal years; 

11 ‘‘(B) the amount of funding obligated per 

12 fiscal year; 

13 ‘‘(C) the current phase of each project or 

14 separable element of a project; and 

15 ‘‘(D) the amount required to complete 

16 those phases. 

17 ‘‘(4) REPORT.— 

18 ‘‘(A) IN GENERAL.—Not later than 180 

19 days after the date of enactment of the Water 

20 Resources Development Act of 2013, the Sec21 retary shall compile and publish a complete list 

22 of all uncompleted, authorized projects of the 

23 Corps of Engineers, including for each project 

24 on that list— 


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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.’’. 


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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 Office of the Assistant 

23 Secretary of the Army for Civil Works into the ac24 count of the division of the Secretary of the Army 

25 with responsibility for completing that report. 


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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 Office of the Assistant Secretary 

7 of the Army for Civil Works into the account of the 

8 division of the Secretary of the Army with responsi9 bility for completing that report. 

10 (d) LIMITATIONS.— 

11 (1) IN GENERAL.—For each report, the total 

12 amounts reprogrammed under subsection (c) shall 

13 not exceed, in any fiscal year, $50,000. 

14 (2) AGGREGATE LIMITATION.—The total 

15 amount reprogrammed under subsection (c) in a fis16 cal year shall not exceed $200,000. 

17 (e) NO FAULT OF THE SECRETARY.—Amounts shall 

18 not be reprogrammed under subsection (c) if the Secretary 

19 certifies in a letter to the applicable committees of Con20 gress that— 

21 (1) a major modification has been made to the 

22 content of the report that requires additional anal23 ysis for the Secretary to make a final decision on the 

24 report; 


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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 TITLE III—PROJECT 

15 MODIFICATIONS 

16 SEC. 3001. PURPOSE. 

17 The purpose of this title is to modify existing water 

18 resource project authorizations, subject to the condition 

19 that the modifications do not affect authorized costs. 

20 SEC. 3002. CHATFIELD RESERVOIR, COLORADO. 

21 Section 116 of the Energy and Water Development 

22 and Related Agencies Appropriations Act, 2009 (123 Stat. 

23 608), is amended in the matter preceding the proviso by 

24 inserting ‘‘(or a designee of the Department)’’ after ‘‘Colo25 rado Department of Natural Resources’’. 


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1 SEC. 3003. MISSOURI RIVER RECOVERY IMPLEMENTATION 

2 COMMITTEE EXPENSES REIMBURSEMENT. 

3 Section 5018(b)(5) of the Water Resources Develop4 ment Act of 2007 (121 Stat. 1200) is amended by striking 

5 subparagraph (B) and inserting the following: 

6 ‘‘(B) TRAVEL EXPENSES.—Subject to the 

7 availability of funds, the Secretary may reim8 burse a member of the Committee for travel ex9 penses, including per diem in lieu of subsist10 ence, at rates authorized for an employee of a 

11 Federal agency under subchapter I of chapter 

12 57 of title 5, United States Code, while away 

13 from the home or regular place of business of 

14 the member in performance of services for the 

15 Committee.’’. 

16 SEC. 3004. HURRICANE AND STORM DAMAGE REDUCTION 

17 STUDY. 

18 With respect to the study for flood and storm damage 

19 reduction related to natural disasters to by carried out by 

20 the Secretary and authorized under the heading ‘‘INVES21 TIGATIONS’’ under title II of division A of Public Law 

22 113–2, the Secretary shall include, to the maximum extent 

23 practicable, specific project recommendations in the report 

24 developed for that study. 


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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 

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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 


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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 


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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 

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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 


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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, 


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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 SEC. 3007. RARITAN RIVER BASIN, GREEN BROOK SUB12 BASIN, NEW JERSEY. 

13 Title I of the Energy and Water Development Appro14 priations Act, 1998 (Public Law 105–62; 111 Stat. 1327) 

15 is amended by striking section 102. 

16 SEC. 3008. RED RIVER BASIN, OKLAHOMA, TEXAS, ARKAN17 SAS, LOUISIANA. 

18 (a) IN GENERAL.—The Secretary is authorized to re19 assign unused irrigation storage within a reservoir on the 

20 Red River Basin to municipal and industrial water supply 

21 for use by a non-Federal interest if that non-Federal inter22 est has already contracted for a share of municipal and 

23 industrial water supply on the same reservoir. 

24 (b) NON-FEDERAL INTEREST.—A reassignment of 

25 storage under subsection (a) shall be contingent upon the 


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1 execution of an agreement between the Secretary and the 

2 applicable non-Federal interest. 

3 TITLE IV—WATER RESOURCE 

4 STUDIES 

5 SEC. 4001. PURPOSE. 

6 The purpose of this title is to direct the Corps of En7 gineers to study and recommend solutions for water re8 source issues relating to flood risk and storm damage re9 duction, navigation, and ecosystem restoration. 

10 SEC. 4002. INITIATION OF NEW WATER RESOURCES STUD11 IES. 

12 (a) IN GENERAL.—Subject to subsections (b), (c), 

13 and (d), the Secretary may initiate a study— 

14 (1) to determine the feasibility of carrying out 

15 1 or more projects for flood risk management, storm 

16 damage reduction, ecosystem restoration, navigation, 

17 hydropower, or related purposes; or 

18 (2) to carry out watershed and river basin as19 sessments in accordance with section 729 of the 

20 Water Resources Development Act of 1986 (33 

21 U.S.C. 2267a). 

22 (b) CRITERIA.—The Secretary may only initiate a 

23 study under subsection (a) if— 

24 (1) the study— 


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1 (A) has been requested by an eligible non2 Federal interest; 

3 (B) is for an area that is likely to include 

4 a project with a Federal interest; and 

5 (C) addresses a high-priority water re6 source issue necessary for the protection of 

7 human life and property, the environment, or 

8 the national security interests of the United 

9 States; and 

10 (2) the non-Federal interest has dem11 onstrated— 

12 (A) that local support exists for addressing 

13 the water resource issue; and 

14 (B) the financial ability to provide the re15 quired non-Federal cost-share. 

16 (c) CONGRESSIONAL APPROVAL.— 

17 (1) SUBMISSION TO CONGRESS.—Prior to initi18 ating a study under subsection (a), the Secretary 

19 shall submit to the Committees on Environment and 

20 Public Works and Appropriations of the Senate and 

21 the Committees on Transportation and Infrastruc22 ture and Appropriations of the House— 

23 (A) a description of the study, including 

24 the geographical area addressed by the study; 


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1 (B) a description of how the study meets 

2 each of the requirements of subsection (b); and 

3 (C) a certification that the proposed study 

4 can be completed within 3 years and for a Fed5 eral cost of not more than $3,000,000. 

6 (2) EXPENDITURE OF FUNDS.—No funds may 

7 be spent on a study initiated under subsection (a) 

8 unless— 

9 (A) the required information is submitted 

10 to Congress under paragraph (1); and 

11 (B) after such submission, amounts are 

12 appropriated to continue construction of the 

13 project in an appropriations or other Act to ini14 tiate the study. 

15 (3) ADDITIONAL NOTIFICATION.—The Sec16 retary shall notify each Senator or Member of Con17 gress with a State or congressional district in the 

18 study area described in paragraph (1)(A). 

19 (d) LIMITATIONS.— 

20 (1) IN GENERAL.—Subsection (a) shall not 

21 apply to a project for which a study has been au22 thorized prior to the date of enactment of this Act. 

23 (2) NEW STUDIES AND PROJECTS.—In each fis24 cal year, the Secretary may initiate not more than— 


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1 (A) 3 new studies in each of the primary 

2 areas of responsibility of the Corps of Engi3 neers; and 

4 (B) 3 projects from any 1 division of the 

5 Corps of Engineers. 

6 (e) TERMINATION.—The authority under subsection 

7 (a) expires on the date that is 3 years after the date of 

8 enactment of this Act. 

9 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to the Secretary to carry 

11 out this section $25,000,000 for each of fiscal years 2014 

12 through 2017. 

13 SEC. 4003. APPLICABILITY. 

14 (a) IN GENERAL.—Nothing in this title authorizes 

15 the construction of a water resources project. 

16 (b) NEW AUTHORIZATION REQUIRED.—New author17 ization from Congress is required before any project evalu18 ated in a study under this title is constructed. 

19 TITLE V—REGIONAL AND 

20 NONPROJECT PROVISIONS 

21 SEC. 5001. PURPOSE. 

22 The purpose of this title is to authorize regional, 

23 multistate authorities to address water resource needs and 

24 other non-project provisions. 


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1 SEC. 5002. NORTHEAST COASTAL REGION ECOSYSTEM RES2 TORATION. 

3 (a) IN GENERAL.—The Secretary shall plan, design, 

4 and construct projects for aquatic ecosystem restoration 

5 within the coastal waters of the Northeastern United 

6 States from the State of Virginia to the State of Maine, 

7 including associated bays, estuaries, and critical riverine 

8 areas. 

9 (b) GENERAL COASTAL MANAGEMENT PLAN.— 

10 (1) ASSESSMENT.—The Secretary, in coordina11 tion with the Administrator of the Environmental 

12 Protection Agency, the heads of other appropriate 

13 Federal agencies, the Governors of the coastal 

14 States from Virginia to Maine, nonprofit organiza15 tions, and other interested parties, shall assess the 

16 needs regarding, and opportunities for, aquatic eco17 system restoration within the coastal waters of the 

18 Northeastern United States. 

19 (2) PLAN.—The Secretary shall develop a gen20 eral coastal management plan based on the assess21 ment carried out under paragraph (1), maximizing 

22 the use of existing plans and investigation, which 

23 plan shall include— 

24 (A) an inventory and evaluation of coastal 

25 habitats; 


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1 (B) identification of aquatic resources in 

2 need of improvement; 

3 (C) identification and prioritization of po4 tential aquatic habitat restoration projects; and 

5 (D) identification of geographical and eco6 logical areas of concern, including— 

7 (i) finfish habitats; 

8 (ii) diadromous fisheries migratory 

9 corridors; 

10 (iii) shellfish habitats; 

11 (iv) submerged aquatic vegetation; 

12 (v) wetland; and 

13 (vi) beach dune complexes and other 

14 similar habitats. 

15 (c) ELIGIBLE PROJECTS.—The Secretary may carry 

16 out an aquatic ecosystem restoration project under this 

17 section if the project— 

18 (1) is consistent with the management plan de19 veloped under subsection (b); and 

20 (2) provides for— 

21 (A) the restoration of degraded aquatic 

22 habitat (including coastal, saltmarsh, benthic, 

23 and riverine habitat); 


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1 (B) the restoration of geographical or eco2 logical areas of concern, including the restora3 tion of natural river and stream characteristics; 

4 (C) the improvement of water quality; or 

5 (D) other projects or activities determined 

6 to be appropriate by the Secretary. 

7 (d) COST SHARING.— 

8 (1) MANAGEMENT PLAN.—The management 

9 plan developed under subsection (b) shall be com10 pleted at Federal expense. 

11 (2) RESTORATION PROJECTS.—The non-Fed12 eral share of the cost of a project carried out under 

13 this section shall be 35 percent. 

14 (e) COST LIMITATION.—Not more than $10,000,000 

15 in Federal funds may be allocated under this section for 

16 an eligible project. 

17 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to carry out this section (in19 cluding funds for the completion of the management plan) 

20 $25,000,000 for each of fiscal years 2014 through 2018. 

21 SEC. 5003. CHESAPEAKE BAY ENVIRONMENTAL RESTORA22 TION AND PROTECTION PROGRAM. 

23 Section 510 of the Water Resources Development Act 

24 of 1996 (Public Law 104–303; 110 Stat. 3759; 121 Stat. 

25 1202) is amended— 


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1 (1) in subsection (a)— 

2 (A) in paragraph (1)— 

3 (i) by striking ‘‘pilot program’’ and 

4 inserting ‘‘program’’; and 

5 (ii) by inserting ‘‘in the basin States 

6 described in subsection (f) and the District 

7 of Columbia’’ after ‘‘interests’’; and 

8 (B) by striking paragraph (2) and insert9 ing the following: 

10 ‘‘(2) FORM.—The assistance under paragraph 

11 (1) shall be in the form of design and construction 

12 assistance for water-related resource protection and 

13 restoration projects affecting the Chesapeake Bay 

14 estuary, based on the comprehensive plan under sub15 section (b), including projects for— 

16 ‘‘(A) sediment and erosion control; 

17 ‘‘(B) protection of eroding shorelines; 

18 ‘‘(C) ecosystem restoration, including res19 toration of submerged aquatic vegetation; 

20 ‘‘(D) protection of essential public works; 

21 ‘‘(E) beneficial uses of dredged material; 

22 and 

23 ‘‘(F) other related projects that may en24 hance the living resources of the estuary.’’; 


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1 (2) by striking subsection (b) and inserting the 

2 following: 

3 ‘‘(b) COMPREHENSIVE PLAN.— 

4 ‘‘(1) IN GENERAL.—Not later than 2 years 

5 after the date of enactment of the Water Resources 

6 Development Act of 2013, the Secretary, in coopera7 tion with State and local governmental officials and 

8 affected stakeholders, shall develop a comprehensive 

9 Chesapeake Bay restoration plan to guide the imple10 mentation of projects under subsection (a)(2). 

11 ‘‘(2) COORDINATION.—The restoration plan de12 scribed in paragraph (1) shall, to the maximum ex13 tent practicable, consider and avoid duplication of 

14 any ongoing or planned actions of other Federal, 

15 State, and local agencies and nongovernmental orga16 nizations. 

17 ‘‘(3) PRIORITIZATION.—The restoration plan 

18 described in paragraph (1) shall give priority to 

19 projects eligible under subsection (a)(2) that will 

20 also improve water quality or quantity or use nat21 ural hydrological features and systems. 

22 ‘‘(4) ADMINISTRATION.—The Federal share of 

23 the costs of carrying out paragraph (1) shall be 75 

24 percent.’’; 

25 (3) in subsection (c)— 


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1 (A) in paragraph (1), by striking ‘‘to pro2 vide’’ and all that follows through the period at 

3 the end and inserting ‘‘for the design and con4 struction of a project carried out pursuant to 

5 the comprehensive Chesapeake Bay restoration 

6 plan described in subsection (b).’’; 

7 (B) in paragraph (2)(A), by striking ‘‘fa8 cilities or resource protection and development 

9 plan’’ and inserting ‘‘resource protection and 

10 restoration plan’’; and 

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

12 ‘‘(3) PROJECTS ON FEDERAL LAND.—A project 

13 carried out pursuant to the comprehensive Chesa14 peake Bay restoration plan described in subsection 

15 (b) that is located on Federal land shall be carried 

16 out at the expense of the Federal agency that owns 

17 the land on which the project will be a carried out. 

18 ‘‘(4) NON-FEDERAL CONTRIBUTIONS.—A Fed19 eral agency carrying out a project described in para20 graph (3) may accept contributions of funds from 

21 non-Federal entities to carry out that project.’’; 

22 (4) by striking subsection (e) and inserting the 

23 following: 

24 ‘‘(e) COOPERATION.—In carrying out this section, the 

25 Secretary shall cooperate with— 


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1 ‘‘(1) the heads of appropriate Federal agencies, 

2 including— 

3 ‘‘(A) the Administrator of the Environ4 mental Protection Agency; 

5 ‘‘(B) the Secretary of Commerce, acting 

6 through the Administrator of the National 

7 Oceanographic and Atmospheric Administra8 tion; 

9 ‘‘(C) the Secretary of the Interior, acting 

10 through the Director of the United States Fish 

11 and Wildlife Service; and 

12 ‘‘(D) the heads of such other Federal 

13 agencies as the Secretary determines to be ap14 propriate; and 

15 ‘‘(2) agencies of a State or political subdivision 

16 of a State, including the Chesapeake Bay Commis17 sion.’’; 

18 (5) by striking subsection (f) and inserting the 

19 following: 

20 ‘‘(f) PROJECTS.—The Secretary shall establish, to 

21 the maximum extent practicable, at least 1 project under 

22 this section in— 

23 ‘‘(1) regions within the Chesapeake Bay water24 shed of each of the basin States of Delaware, MaryVerDate Mar 15 2010 00:08 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 E:\BILLS\S601.IS S601

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1 land, New York, Pennsylvania, Virginia, and West 

2 Virginia; and 

3 ‘‘(2) the District of Columbia.’’; 

4 (6) by striking subsection (h); and 

5 (7) by redesignating subsection (i) as subsection 

6 (h). 

7 SEC. 5004. RIO GRANDE ENVIRONMENTAL MANAGEMENT 

8 PROGRAM, COLORADO, NEW MEXICO, TEXAS. 

9 Section 5056 of the Water Resources Development 

10 Act of 2007 (121 Stat. 1213) is amended— 

11 (1) in subsection (b)(2)— 

12 (A) in the matter preceding subparagraph 

13 (A), by striking ‘‘2008’’ and inserting ‘‘2014’’; 

14 and 

15 (B) in subparagraph (C), by inserting 

16 ‘‘and an assessment of needs for other related 

17 purposes in the Rio Grande Basin, including 

18 flood damage reduction’’ after ‘‘assessment’’; 

19 (2) in subsection (c)(2)— 

20 (A) by striking ‘‘an interagency agreement 

21 with’’ and inserting ‘‘1 or more interagency 

22 agreements with the Secretary of State and’’; 

23 and 

24 (B) by inserting ‘‘or the U.S. Section of 

25 the International Boundary and Water ComVerDate Mar 15 2010 00:08 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\S601.IS S601

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1 mission’’ after ‘‘the Department of the Inte2 rior’’; and 

3 (3) in subsection (f), by striking ‘‘2011’’ and 

4 inserting ‘‘2024’’. 

5 SEC. 5005. LOWER COLUMBIA RIVER AND TILLAMOOK BAY 

6 ECOSYSTEM RESTORATION, OREGON AND 

7 WASHINGTON. 

8 Section 536(g) of the Water Resources Development 

9 Act of 2000 (114 Stat. 2661) is amended by striking 

10 ‘‘$30,000,000’’ and inserting ‘‘$75,000,000’’. 

11 SEC. 5006. ARKANSAS RIVER, ARKANSAS AND OKLAHOMA. 

12 (a) PROJECT GOAL.—The goal for operation of the 

13 McClellan-Kerr Arkansas River navigation system, Arkan14 sas and Oklahoma, shall be to maximize the use of the 

15 system in a balanced approach that incorporates advice 

16 from representatives from all project purposes to ensure 

17 that the full value of the system is realized by the United 

18 States. 

19 (b) MCCLELLAN-KERR ARKANSAS RIVER NAVIGA20 TION SYSTEM ADVISORY COMMITTEE.— 

21 (1) IN GENERAL.—In accordance with the Fed22 eral Advisory Committee Act (5 U.S.C. App.), the 

23 Secretary shall establish an advisory committee for 

24 the McClellan-Kerr Arkansas River navigation sys25 tem, Arkansas and Oklahoma, project authorized by 


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1 the Act of July 24, 1946 (60 Stat. 635, chapter 

2 595). 

3 (2) DUTIES.—The advisory committee shall— 

4 (A) serve in an advisory capacity only; and 

5 (B) provide information and recommenda6 tions to the Corps of Engineers relating to the 

7 efficiency, reliability, and availability of the op8 erations of the McClellan-Kerr Arkansas River 

9 navigation system. 

10 (3) SELECTION AND COMPOSITION.—The advi11 sory committee shall be— 

12 (A) selected jointly by the Little Rock dis13 trict engineer and the Tulsa district engineer; 

14 and 

15 (B) composed of members that equally rep16 resent the McClellan-Kerr Arkansas River navi17 gation system project purposes. 

18 (4) AGENCY RESOURCES.—The Little Rock dis19 trict and the Tulsa district of the Corps of Engi20 neers, under the supervision of the southwestern di21 vision, shall jointly provide the advisory committee 

22 with adequate staff assistance, facilities, and re23 sources. 

24 (5) TERMINATION.— 


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1 (A) IN GENERAL.—Subject to subpara2 graph (B), the advisory committee shall termi3 nate on the date on which the Secretary sub4 mits a report to Congress demonstrating in5 creases in the efficiency, reliability, and avail6 ability of the McClellan-Kerr Arkansas River 

7 navigation system. 

8 (B) RESTRICTION.—The advisory com9 mittee shall terminate not less than 2 calendar 

10 years after the date on which the advisory com11 mittee is established. 

12 SEC. 5007. AQUATIC INVASIVE SPECIES PREVENTION AND 

13 MANAGEMENT; COLUMBIA RIVER BASIN. 

14 (a) IN GENERAL.—The Secretary may establish a 

15 program to prevent and manage aquatic invasive species 

16 in the Columbia River Basin in the States of Idaho, Mon17 tana, Oregon, and Washington. 

18 (b) WATERCRAFT INSPECTION STATIONS.— 

19 (1) IN GENERAL.—In carrying out this section, 

20 the Secretary shall establish watercraft inspection 

21 stations in the Columbia River Basin to be located 

22 in the States of Idaho, Montana, Oregon, and Wash23 ington at locations, as determined by the Secretary, 

24 with the highest likelihood of preventing the spread 


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1 of aquatic invasive species into reservoirs operated 

2 and maintained by the Secretary. 

3 (2) INCLUSIONS.—Locations identified under 

4 paragraph (1) may include— 

5 (A) State border crossings; 

6 (B) international border crossings; and 

7 (C) highway entry points that are used by 

8 owners of watercraft to access boat launch fa9 cilities owned or managed by the Secretary. 

10 (3) COST-SHARE.—The non-Federal share of 

11 the cost of operating and maintaining watercraft in12 spection stations described in paragraph (1) (includ13 ing personnel costs) shall be 50 percent. 

14 (4) OTHER INSPECTION SITES.—The Secretary 

15 may establish watercraft inspection stations using 

16 amounts made available to carry out this section in 

17 States other than those described in paragraph (1) 

18 at or near boat launch facilities that the Secretary 

19 determines are regularly used by watercraft to enter 

20 the States described in paragraph (1). 

21 (c) MONITORING AND CONTINGENCY PLANNING.— 

22 The Secretary shall— 

23 (1) carry out risk assessments of each major 

24 public and private water resources facility in the Co25 lumbia River Basin; 


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1 (2) establish an aquatic invasive species moni2 toring program in the Columbia River Basin; 

3 (3) establish a Columbia River Basin water4 shed-wide plan for expedited response to an infesta5 tion of aquatic invasive species; and 

6 (4) monitor water quality, including sediment 

7 cores and fish tissue samples, at facilities owned or 

8 managed by the Secretary in the Columbia River 

9 Basin. 

10 (d) COORDINATION.—In carrying out this section, the 

11 Secretary shall consult and coordinate with— 

12 (1) the States described in subsection (a); 

13 (2) Indian tribes; and 

14 (3) other Federal agencies, including— 

15 (A) the Department of Agriculture; 

16 (B) the Department of Energy; 

17 (C) the Department of Homeland Security; 

18 (D) the Department of Commerce; and 

19 (E) the Department of the Interior. 

20 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to the Secretary to carry 

22 out this section $30,000,000, of which $5,000,000 may 

23 be used to carry out subsection (c). 


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1 SEC. 5008. UPPER MISSOURI BASIN FLOOD AND DROUGHT 

2 MONITORING. 

3 (a) IN GENERAL.—The Secretary, in coordination 

4 with the Administrator of the National Oceanic and At5 mospheric Administration, the Chief of the Natural Re6 sources Conservation Service, the Director of the United 

7 States Geological Survey, and the Commissioner of the 

8 Bureau of Reclamation, shall establish a program to pro9 vide for— 

10 (1) soil moisture and snowpack monitoring in 

11 the Upper Missouri River Basin to reduce flood risk 

12 and improve river and water resource management 

13 in the Upper Missouri River Basin, as outlined in 

14 the February 2013 report entitled ‘‘Upper Missouri 

15 Basin Monitoring Committee—Snow Sampling and 

16 Instrumentation Recommendations’’; 

17 (2) restoring and maintaining existing mid- and 

18 high-elevation snowpack monitoring sites operated 

19 under the SNOTEL program of the Natural Re20 sources Conservation Service; and 

21 (3) operating streamflow gages and related in22 terpretive studies in the Upper Missouri River Basin 

23 under the cooperative water program and the na24 tional streamflow information program of the United 

25 States Geological Service. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Secretary to carry 

3 out this section $11,250,000. 

4 (c) USE OF FUNDS.—Amounts made available to the 

5 Secretary under this section shall be used to complement 

6 other related activities of Federal agencies that are carried 

7 out within the Missouri River Basin. 

8 (d) REPORT.—Not later than 1 year after the date 

9 of enactment of this Act, the Comptroller General of the 

10 United States, in consultation with 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 that— 

15 (1) identifies progress made by the Secretary 

16 and other Federal agencies to implement the rec17 ommendations contained in the report described in 

18 subsection (a)(1) with respect to enhancing soil 

19 moisture and snowpack monitoring in the Upper 

20 Missouri Basin; and 

21 (2) includes recommendations to enhance soil 

22 moisture and snowpack monitoring in the Upper 

23 Missouri Basin. 


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1 SEC. 5009. NORTHERN ROCKIES HEADWATERS EXTREME 

2 WEATHER MITIGATION. 

3 (a) IN GENERAL.—Subject to subsection (b), the Sec4 retary shall establish a program to mitigate the impacts 

5 of extreme weather events, such as floods and droughts, 

6 on communities, water users, and fish and wildlife located 

7 in and along the headwaters of the Columbia, Missouri, 

8 and Yellowstone Rivers (including the tributaries of those 

9 rivers) in the States of Idaho and Montana by carrying 

10 out river, stream, and floodplain protection and restora11 tion projects, including— 

12 (1) floodplain restoration and reconnection; 

13 (2) floodplain and riparian area protection 

14 through the use of conservation easements; 

15 (3) instream flow restoration projects; 

16 (4) fish passage improvements; 

17 (5) channel migration zone mapping; and 

18 (6) invasive weed management. 

19 (b) RESTRICTION.—All projects carried out using 

20 amounts made available to carry out this section shall em21 phasize the protection and enhancement of natural 

22 riverine processes. 

23 (c) NON-FEDERAL COST SHARE.—The non-Federal 

24 share of the costs of carrying out a project under this sec25 tion shall not exceed 35 percent of the total cost of the 

26 project. 


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1 (d) COORDINATION.—In carrying out this section, the 

2 Secretary— 

3 (1) shall consult and coordinate with the appro4 priate State natural resource agency in each State; 

5 and 

6 (2) may— 

7 (A) delegate any authority or responsibility 

8 of the Secretary under this section to those 

9 State natural resource agencies; and 

10 (B) provide amounts made available to the 

11 Secretary to carry out this section to those 

12 State natural resource agencies. 

13 (e) LIMITATIONS.—Nothing in this section invali14 dates, preempts, or creates any exception to State water 

15 law, State water rights, or Federal or State permitted ac16 tivities or agreements in the States of Idaho and Montana 

17 or any State containing tributaries to rivers in those 

18 States. 

19 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to the Secretary to carry 

21 out this section $30,000,000. 

22 TITLE VI—LEVEE SAFETY 

23 SEC. 6001. SHORT TITLE. 

24 This title may be cited as the ‘‘National Levee Safety 

25 Program Act’’. 


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1 SEC. 6002. FINDINGS; PURPOSES. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) there is a need to establish a national levee 

4 safety program to provide national leadership and 

5 encourage the establishment of State and tribal levee 

6 safety programs; 

7 (2) according to the National Committee on 

8 Levee Safety, ‘‘the level of protection and robustness 

9 of design and construction of levees vary consider10 ably across the country’’; 

11 (3) knowing the location, condition, and owner12 ship of levees, as well as understanding the popu13 lation and infrastructure at risk in leveed areas, is 

14 necessary for identification and prioritization of ac15 tivities associated with levees; 

16 (4) levees are an important tool for reducing 

17 flood risk and should be considered in the context of 

18 broader flood risk management efforts; 

19 (5) States and Indian tribes— 

20 (A) are uniquely positioned to oversee, co21 ordinate, and regulate local and regional levee 

22 systems; and 

23 (B) should be encouraged to participate in 

24 a national levee safety program by establishing 

25 individual levee safety programs; and 


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1 (6) States, Indian tribes, and local governments 

2 that do not invest in protecting the individuals and 

3 property located behind levees place those individuals 

4 and property at risk. 

5 (b) PURPOSES.—The purposes of this title are— 

6 (1) to promote sound technical practices in 

7 levee design, construction, operation, inspection, as8 sessment, security, and maintenance; 

9 (2) to ensure effective public education and 

10 awareness of risks involving levees; 

11 (3) to establish and maintain a national levee 

12 safety program that emphasizes the protection of 

13 human life and property; and 

14 (4) to implement solutions and incentives that 

15 encourage the establishment of effective State and 

16 tribal levee safety programs. 

17 SEC. 6003. DEFINITIONS. 

18 In this title: 

19 (1) BOARD.—The term ‘‘Board’’ means the Na20 tional Levee Safety Advisory Board established 

21 under section 6005. 

22 (2) CANAL STRUCTURE.— 

23 (A) IN GENERAL.—The term ‘‘canal struc24 ture’’ means an embankment, wall, or structure 

25 along a canal or manmade watercourse that— 


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1 (i) constrains water flows; 

2 (ii) is subject to frequent water load3 ing; and 

4 (iii) is an integral part of a flood risk 

5 reduction system that protects the leveed 

6 area from flood waters associated with 

7 hurricanes, precipitation events, seasonal 

8 high water, and other weather-related 

9 events. 

10 (B) EXCLUSION.—The term ‘‘canal struc11 ture’’ does not include a barrier across a water12 course. 

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

14 agency’’ means a Federal agency that designs, fi15 nances, constructs, owns, operates, maintains, or 

16 regulates the construction, operation, or mainte17 nance of a levee. 

18 (4) FLOOD DAMAGE REDUCTION SYSTEM.—The 

19 term ‘‘flood damage reduction system’’ means a sys20 tem designed and constructed to have appreciable 

21 and dependable effects in reducing damage by flood22 waters. 

23 (5) FLOOD MITIGATION.—The term ‘‘flood miti24 gation’’ means any structural or nonstructural meas25 ure that reduces risks of flood damage by reducing 


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1 the probability of flooding, the consequences of 

2 flooding, or both. 

3 (6) FLOODPLAIN MANAGEMENT.—The term 

4 ‘‘floodplain management’’ means the operation of a 

5 community program of corrective and preventative 

6 measures for reducing flood damage. 

7 (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

8 has the meaning given the term in section 4 of the 

9 Indian Self-Determination and Education Assistance 

10 Act (25 U.S.C. 450b). 

11 (8) LEVEE.— 

12 (A) IN GENERAL.—The term ‘‘levee’’ 

13 means a manmade barrier (such as an embank14 ment, floodwall, or other structure)— 

15 (i) the primary purpose of which is to 

16 provide hurricane, storm, or flood protec17 tion relating to seasonal high water, storm 

18 surges, precipitation, or other weather 

19 events; and 

20 (ii) that is normally subject to water 

21 loading for only a few days or weeks dur22 ing a calendar year. 

23 (B) INCLUSIONS.—The term ‘‘levee’’ in24 cludes a levee system, including— 

25 (i) levees and canal structures that— 


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1 (I) constrain water flows; 

2 (II) are subject to more frequent 

3 water loading; and 

4 (III) do not constitute a barrier 

5 across a watercourse; and 

6 (ii) roadway and railroad embank7 ments, but only to the extent that the em8 bankments are integral to the performance 

9 of a flood damage reduction system. 

10 (C) EXCLUSIONS.—The term ‘‘levee’’ does 

11 not include— 

12 (i) a roadway or railroad embankment 

13 that is not integral to the performance of 

14 a flood damage reduction system; 

15 (ii) a canal constructed completely 

16 within natural ground without any man17 made structure (such as an embankment 

18 or retaining wall to retain water or a case 

19 in which water is retained only by natural 

20 ground); 

21 (iii) a canal regulated by a Federal or 

22 State agency in a manner that ensures 

23 that applicable Federal safety criteria are 

24 met; 

25 (iv) a levee or canal structure— 


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1 (I) that is not a part of a Fed2 eral flood damage reduction system; 

3 (II) that is not recognized under 

4 the National Flood Insurance Pro5 gram as providing protection from the 

6 1-percent-annual-chance or greater 

7 flood; 

8 (III) that is not greater than 3 

9 feet high; 

10 (IV) the population in the leveed 

11 area of which is less than 50 individ12 uals; and 

13 (V) the leveed area of which is 

14 less than 1,000 acres; or 

15 (v) any shoreline protection or river 

16 bank protection system (such as revet17 ments or barrier islands). 

18 (9) LEVEE FEATURE.—The term ‘‘levee fea19 ture’’ means a structure that is critical to the func20 tioning of a levee, including— 

21 (A) an embankment section; 

22 (B) a floodwall section; 

23 (C) a closure structure; 

24 (D) a pumping station; 

25 (E) an interior drainage work; and 


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1 (F) a flood damage reduction channel. 

2 (10) LEVEE SAFETY GUIDELINES.—The term 

3 ‘‘levee safety guidelines’’ means the guidelines estab4 lished by the Secretary under section 6004(c)(1). 

5 (11) LEVEE SEGMENT.—The term ‘‘levee seg6 ment’’ means a discrete portion of a levee system 

7 that is owned, operated, and maintained by a single 

8 entity or discrete set of entities. 

9 (12) LEVEE SYSTEM.—The term ‘‘levee sys10 tem’’ means 1 or more levee segments, including all 

11 levee features that are interconnected and necessary 

12 to ensure protection of the associated leveed areas— 

13 (A) that collectively provide flood damage 

14 reduction to a defined area; and 

15 (B) the failure of 1 of which may result in 

16 the failure of the entire system. 

17 (13) LEVEED AREA.—The term ‘‘leveed area’’ 

18 means the land from which flood water in the adja19 cent watercourse is excluded by the levee system. 

20 (14) NATIONAL LEVEE DATABASE.—The term 

21 ‘‘national levee database’’ means the levee database 

22 established under section 9004 of the Water Re23 sources Development Act of 2007 (33 U.S.C. 3303). 

24 (15) PARTICIPATING PROGRAM.—The term 

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1 gram developed by a State or Indian tribe that in2 cludes the minimum components necessary for rec3 ognition by the Secretary. 

4 (16) REHABILITATION.—The term ‘‘rehabilita5 tion’’ means the repair, replacement, reconstruction, 

6 or removal of a levee that is carried out to meet na7 tional levee safety guidelines. 

8 (17) RISK.—The term ‘‘risk’’ means a measure 

9 of the probability and severity of undesirable con10 sequences. 

11 (18) SECRETARY.—The term ‘‘Secretary’’ 

12 means the Secretary of the Army, acting through 

13 the Chief of Engineers. 

14 (19) STATE.—The term ‘‘State’’ means— 

15 (A) each of the several States of the 

16 United States; 

17 (B) the District of Columbia; 

18 (C) the Commonwealth of Puerto Rico; 

19 (D) Guam; 

20 (E) American Samoa; 

21 (F) the Commonwealth of the Northern 

22 Mariana Islands; 

23 (G) the Federated States of Micronesia; 

24 (H) the Republic of the Marshall Islands; 

25 (I) the Republic of Palau; and 


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1 (J) the United States Virgin Islands. 

2 SEC. 6004. NATIONAL LEVEE SAFETY PROGRAM. 

3 (a) ESTABLISHMENT.—The Secretary, in consulta4 tion with the Administrator of the Federal Emergency 

5 Management Agency, shall establish a national levee safe6 ty program to provide national leadership and consistent 

7 approaches to levee safety, including— 

8 (1) a national levee database; 

9 (2) an inventory and inspection of Federal and 

10 non-Federal levees; 

11 (3) national levee safety guidelines; 

12 (4) a hazard potential classification system for 

13 Federal and non-Federal levees; 

14 (5) research and development; 

15 (6) a national public education and awareness 

16 program, with an emphasis on communication re17 garding the residual risk to communities protected 

18 by levees and levee systems; 

19 (7) coordination of levee safety, floodplain man20 agement, and environmental protection activities; 

21 (8) development of State and tribal levee safety 

22 programs; and 

23 (9) the provision of technical assistance and 

24 materials to States and Indian tribes relating to— 

25 (A) developing levee safety programs; 


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1 (B) identifying and reducing flood risks as2 sociated with residual risk to communities pro3 tected by levees and levee systems; 

4 (C) identifying local actions that may be 

5 carried out to reduce flood risks in leveed areas; 

6 and 

7 (D) rehabilitating, improving, replacing, 

8 reconfiguring, modifying, and removing levees 

9 and levee systems. 

10 (b) MANAGEMENT.— 

11 (1) IN GENERAL.—The Secretary shall ap12 point— 

13 (A) an administrator of the national levee 

14 safety program; and 

15 (B) such staff as is necessary to implement 

16 the program. 

17 (2) ADMINISTRATOR.—The sole duty of the ad18 ministrator appointed under paragraph (1)(A) shall 

19 be the management of the national levee safety pro20 gram. 

21 (c) LEVEE SAFETY GUIDELINES.— 

22 (1) ESTABLISHMENT.—Not later than 1 year 

23 after the date of enactment of this Act, the Sec24 retary, in coordination with State and local govern25 ments and organizations with expertise in levee safeVerDate Mar 15 2010 00:08 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 E:\BILLS\S601.IS S601

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1 ty, shall establish a set of voluntary, comprehensive, 

2 national 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 


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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 co19 ordination with the Board, shall establish a national 

20 levee safety technical assistance and training pro21 gram to develop and deliver technical support and 

22 technical assistance materials, curricula, and train23 ing in order to promote levee safety and assist 

24 States, communities, and levee owners in— 

25 (A) developing levee safety programs; 


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1 (B) identifying and reducing flood risks as2 sociated with levees; 

3 (C) identifying local actions that may be 

4 carried out to reduce flood risks in leveed areas; 

5 and 

6 (D) rehabilitating, improving, replacing, 

7 reconfiguring, modifying, and removing levees 

8 and levee systems. 

9 (2) USE OF SERVICES.—In establishing the na10 tional levee safety training program under para11 graph (1), the Secretary may use the services of— 

12 (A) the Corps of Engineers; 

13 (B) the Federal Emergency Management 

14 Agency; 

15 (C) the Bureau of Reclamation; and 

16 (D) other appropriate Federal agencies, as 

17 determined by the Secretary. 

18 (f) COMPREHENSIVE NATIONAL PUBLIC EDUCATION

19 AND AWARENESS CAMPAIGN.— 

20 (1) ESTABLISHMENT.—The Secretary, in co21 ordination with the Administrator of the Federal 

22 Emergency Management Agency and the Board, 

23 shall establish a national public education and 

24 awareness campaign relating to the national levee 

25 safety program. 


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1 (2) PURPOSES.—The purposes of the campaign 

2 under paragraph (1) are— 

3 (A) to educate individuals living in leveed 

4 areas regarding the risks of living in those 

5 areas; 

6 (B) to promote consistency in the trans7 mission of information regarding levees among 

8 government agencies; and 

9 (C) to provide national leadership regard10 ing risk communication for implementation at 

11 the State and local levels. 

12 (g) COORDINATION OF LEVEE SAFETY, FLOODPLAIN

13 MANAGEMENT, AND ENVIRONMENTAL CONCERNS.—The 

14 Secretary, in coordination with the Board, shall evaluate 

15 opportunities to coordinate— 

16 (1) public safety, floodplain management, and 

17 environmental protection activities relating to levees; 

18 and 

19 (2) environmental permitting processes for op20 eration and maintenance activities at existing levee 

21 projects in compliance with all applicable laws. 

22 (h) LEVEE INSPECTION.— 

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

24 out a one-time inventory and inspection of all levees 

25 identified in the national levee database. 


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1 (2) NO FEDERAL INTEREST.—The inventory 

2 and inspection under paragraph (1) does not create 

3 a Federal interest in the construction, operation, or 

4 maintenance any levee that is included in the inven5 tory or inspected under this subsection. 

6 (3) INSPECTION CRITERIA.—In carrying out the 

7 inventory and inspection, the Secretary shall use the 

8 levee safety action classification criteria to determine 

9 whether a levee should be classified in the inventory 

10 as requiring a more comprehensive inspection. 

11 (4) STATE AND TRIBAL PARTICIPATION.—At 

12 the request of a State or Indian tribe with respect 

13 to any levee subject to inspection under this sub14 section, the Secretary shall— 

15 (A) allow an official of the State or Indian 

16 tribe to participate in the inspection of the 

17 levee; and 

18 (B) provide information to the State or In19 dian tribe relating to the location, construction, 

20 operation, or maintenance of the levee. 

21 (5) EXCEPTIONS.—In carrying out the inven22 tory and inspection under this subsection, the Sec23 retary shall not be required to inspect any levee that 

24 has been inspected by a State or Indian tribe using 

25 the same methodology described in paragraph (3) 


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1 during the 1-year period immediately preceding the 

2 date of enactment of this Act if the Governor of the 

3 State or tribal government, as applicable, requests 

4 an exemption from the inspection. 

5 (i) STATE AND TRIBAL LEVEE SAFETY PROGRAM.— 

6 (1) GUIDELINES.— 

7 (A) IN GENERAL.—Not later than 1 year 

8 after the date of enactment of this Act, in co9 ordination with the Board, the Secretary shall 

10 issue guidelines that establish the minimum 

11 components necessary for recognition of a State 

12 or tribal levee safety program as a participating 

13 program. 

14 (B) GUIDELINE CONTENTS.—The guide15 lines under subparagraph (A) shall include pro16 visions and procedures requiring each partici17 pating State and Indian tribe to certify to the 

18 Secretary that the State or Indian tribe, as ap19 plicable— 

20 (i) has the authority to participate in 

21 the national levee safety program; 

22 (ii) can receive funds under this title; 

23 (iii) has adopted any national levee 

24 safety guidelines developed under this title; 

25 (iv) will carry out levee inspections; 


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1 (v) will carry out, consistent with ap2 plicable requirements, flood risk manage3 ment and any emergency action planning 

4 procedures the Secretary determines to be 

5 necessary relating to levees; 

6 (vi) will carry out public education 

7 and awareness activities consistent with 

8 the national public education and aware9 ness campaign established under sub10 section (f); and 

11 (vii) will collect and share information 

12 regarding the location and condition of lev13 ees. 

14 (C) PUBLIC COMMENT.—Prior to finalizing 

15 the guidelines under this paragraph, the Sec16 retary shall— 

17 (i) issue draft guidelines for public 

18 comment; and 

19 (ii) consider any comments received in 

20 the development of final guidelines. 

21 (2) GRANT PROGRAM.— 

22 (A) ESTABLISHMENT.—The Secretary 

23 shall establish a program under which the Sec24 retary shall provide grants to assist States and 

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1 grams, conducting levee inventories, and car2 rying out this title. 

3 (B) REQUIREMENTS.—To be eligible to re4 ceive grants under this section, a State or In5 dian tribe shall— 

6 (i) meet the requirements of a partici7 pating program established by the guide8 lines issued under paragraph (1); 

9 (ii) use not less than 25 percent of 

10 any amounts received to identify and as11 sess non-Federal levees within the State or 

12 on land of the Indian tribe; 

13 (iii) submit to the Secretary any infor14 mation collected by the State or Indian 

15 tribe in carrying out this subsection for in16 clusion in the national levee safety data17 base; and 

18 (iv) identify actions to address hazard 

19 mitigation activities associated with levees 

20 and leveed areas identified in the hazard 

21 mitigation plan of the State approved by 

22 the Administrator of the Federal Emer23 gency Management Agency under the Rob24 ert T. Stafford Disaster Relief and EmerVerDate Mar 15 2010 00:08 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 E:\BILLS\S601.IS S601

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1 gency Assistance Act (42 U.S.C. 5121 et 

2 seq.). 

3 (j) LEVEE REHABILITATION ASSISTANCE PRO4 GRAM.— 

5 (1) ESTABLISHMENT.—The Secretary shall es6 tablish a program under which the Secretary shall 

7 provide assistance to States, Indian tribes, and local 

8 governments in addressing flood mitigation activities 

9 that result in an overall reduction in flood risk. 

10 (2) REQUIREMENTS.—To be eligible to receive 

11 assistance under this subsection, a State, Indian 

12 tribe, or local government shall— 

13 (A) participate in, and comply with, all ap14 plicable Federal floodplain management and 

15 flood insurance programs; 

16 (B) have in place a hazard mitigation plan 

17 that— 

18 (i) includes all levee risks; and 

19 (ii) complies with the Disaster Mitiga20 tion Act of 2000 (Public Law 106–390; 

21 114 Stat. 1552); 

22 (C) submit to the Secretary an application 

23 at such time, in such manner, and containing 

24 such information as the Secretary may require; 

25 and 


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1 (D) comply with such minimum eligibility 

2 requirements as the Secretary, in consultation 

3 with the Board, may establish to ensure that 

4 each owner and operator of a levee under a par5 ticipating State or tribal levee safety program— 

6 (i) acts in accordance with the guide7 lines developed in subsection (c); and 

8 (ii) carries out activities relating to 

9 the public in the leveed area in accordance 

10 with the hazard mitigation plan described 

11 in subparagraph (B). 

12 (3) FLOODPLAIN MANAGEMENT PLANS.— 

13 (A) IN GENERAL.—Not later than 1 year 

14 after the date of execution of a project agree15 ment for assistance under this subsection, a 

16 State, Indian tribe, or local government shall 

17 prepare a floodplain management plan in ac18 cordance with the guidelines under subpara19 graph (D) to reduce the impacts of future flood 

20 events in each applicable leveed area. 

21 (B) INCLUSIONS.—A plan under subpara22 graph (A) shall address potential measures, 

23 practices, and policies to reduce loss of life, in24 juries, damage to property and facilities, public 


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1 expenditures, and other adverse impacts of 

2 flooding in each applicable leveed area. 

3 (C) IMPLEMENTATION.—Not later than 1 

4 year after the date of completion of construc5 tion of the applicable project, a floodplain man6 agement plan prepared under subparagraph (A) 

7 shall be implemented. 

8 (D) GUIDELINES.—Not later than 180 

9 days after the date of enactment of this Act, 

10 the Secretary shall develop such guidelines for 

11 the preparation of floodplain management plans 

12 prepared under this paragraph as the Secretary 

13 determines to be appropriate. 

14 (E) TECHNICAL SUPPORT.—The Secretary 

15 may provide technical support for the develop16 ment and implementation of floodplain manage17 ment plans prepared under this paragraph. 

18 (4) USE OF FUNDS.— 

19 (A) IN GENERAL.—Assistance provided 

20 under this subsection may be used— 

21 (i) for any rehabilitation activity to 

22 maximize overall risk reduction associated 

23 with a levee under a participating State or 

24 tribal levee safety program; and 


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1 (ii) only for a levee that is not feder2 ally operated and maintained. 

3 (B) PROHIBITION.—Assistance provided 

4 under this subsection shall not be used— 

5 (i) to perform routine operation or 

6 maintenance for a levee; or 

7 (ii) to make any modification to a 

8 levee that does not result in an improve9 ment to public safety. 

10 (5) NO PROPRIETARY INTEREST.—A contract 

11 for assistance provided under this subsection shall 

12 not be considered to confer any proprietary interest 

13 on the United States. 

14 (6) COST-SHARE.—The maximum Federal 

15 share of the cost of any assistance provided under 

16 this subsection shall be 65 percent. 

17 (7) PROJECT LIMIT.—The maximum amount of 

18 Federal assistance for a project under this sub19 section shall be $10,000,000. 

20 (8) OTHER LAWS.—Assistance provided under 

21 this subsection shall be subject to all applicable laws 

22 (including regulations) that apply to the construc23 tion of a civil works project of the Corps of Engi24 neers. 


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1 (k) EFFECT OF SECTION.—Nothing in this section 

2 confers any regulatory authority on— 

3 (1) the Secretary; or 

4 (2) the Director of the Federal Emergency 

5 Management Agency. 

6 SEC. 6005. NATIONAL LEVEE SAFETY ADVISORY BOARD. 

7 (a) ESTABLISHMENT.—The Secretary, in coordina8 tion with the Administrator of the Federal Emergency 

9 Management Agency, shall establish a board, to be known 

10 as the ‘‘National Levee Safety Advisory Board’’— 

11 (1) to advise the Secretary and Congress re12 garding consistent approaches to levee safety; 

13 (2) to monitor the safety of levees in the United 

14 States; 

15 (3) to assess the effectiveness of the national 

16 levee safety program; and 

17 (4) to ensure that the national levee safety pro18 gram is carried out in a manner that is consistent 

19 with other Federal flood risk management efforts. 

20 (b) MEMBERSHIP.— 

21 (1) VOTING MEMBERS.—The Board shall be 

22 composed of the following 14 voting members, each 

23 of whom shall be appointed by the Secretary, with 

24 priority consideration given to representatives from 


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1 those States that have the most Corps of Engineers 

2 levees in the State, based on mileage: 

3 (A) 8 representatives of State levee safety 

4 programs, 1 from each of the civil works divi5 sions of the Corps of Engineers. 

6 (B) 2 representatives of the private sector 

7 who have expertise in levee safety. 

8 (C) 2 representatives of local and regional 

9 governmental agencies who have expertise in 

10 levee safety. 

11 (D) 2 representatives of Indian tribes who 

12 have expertise in levee safety. 

13 (2) NONVOTING MEMBERS.—The Secretary (or 

14 a designee of the Secretary), the Administrator of 

15 the Federal Emergency Management Agency (or a 

16 designee of the Administrator), and the adminis17 trator of the national levee safety program appointed 

18 under section 6004(b)(1)(A) shall serve as nonvoting 

19 members of the Board. 

20 (3) CHAIRPERSON.—The voting members of the 

21 Board shall appoint a chairperson from among the 

22 voting members of the Board, to serve a term of not 

23 more than 2 years. 

24 (c) QUALIFICATIONS.— 


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1 (1) INDIVIDUALS.—Each voting member of the 

2 Board shall be knowledgeable in the field of levee 

3 safety, including water resources and flood risk man4 agement. 

5 (2) AS A WHOLE.—The membership of the 

6 Board, considered as a whole, shall represent the di7 versity of skills required to advise the Secretary re8 garding levee issues relating to— 

9 (A) engineering; 

10 (B) public communications; 

11 (C) program development and oversight; 

12 (D) with respect to levees, flood risk man13 agement and hazard mitigation; and 

14 (E) public safety and the environment. 

15 (d) TERMS OF SERVICE.— 

16 (1) IN GENERAL.—A voting member of the 

17 Board shall be appointed for a term of 3 years, ex18 cept that, of the members first appointed— 

19 (A) 5 shall be appointed for a term of 1 

20 year; 

21 (B) 5 shall be appointed for a term of 2 

22 years; and 

23 (C) 4 shall be appointed for a term of 3 

24 years. 


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1 (2) REAPPOINTMENT.—A voting member of the 

2 Board may be reappointed to the Board, as the Sec3 retary determines to be appropriate. 

4 (3) VACANCIES.—A vacancy on the Board shall 

5 be filled in the same manner as the original appoint6 ment was made. 

7 (e) STANDING COMMITTEES.— 

8 (1) IN GENERAL.—The Board shall be sup9 ported by Standing Committees, which shall be com10 prised of volunteers from all levels of government 

11 and the private sector, to advise the Board regard12 ing the national levee safety program. 

13 (2) ESTABLISHMENT.—The Standing Commit14 tees of the Board shall include— 

15 (A) the Standing Committee on Partici16 pating Programs, which shall advise the Board 

17 regarding— 

18 (i) the development and implementa19 tion of State and tribal levee safety pro20 grams; and 

21 (ii) appropriate incentives (including 

22 financial assistance) to be provided to 

23 States, Indian tribes, and local and re24 gional entities; 


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1 (B) the Standing Committee on Technical 

2 Issues, which shall advise the Board regard3 ing— 

4 (i) the management of the national 

5 levee database; 

6 (ii) the development and maintenance 

7 of levee safety guidelines; 

8 (iii) processes and materials for devel9 oping levee-related technical assistance and 

10 training; and 

11 (iv) research and development activi12 ties relating to levee safety; 

13 (C) the Standing Committee on Public 

14 Education and Awareness, which shall advise 

15 the Board regarding the development, imple16 mentation, and evaluation of targeted public 

17 outreach programs— 

18 (i) to gather public input; 

19 (ii) to educate and raise awareness in 

20 leveed areas of levee risks; 

21 (iii) to communicate information re22 garding participating programs; and 

23 (iv) to track the effectiveness of public 

24 education efforts relating to levee risks; 


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1 (D) the Standing Committee on Safety and 

2 Environment, which shall advise the Board re3 garding— 

4 (i) operation and maintenance activi5 ties for existing levee projects; 

6 (ii) opportunities to coordinate public 

7 safety, floodplain management, and envi8 ronmental protection activities relating to 

9 levees; 

10 (iii) opportunities to coordinate envi11 ronmental permitting processes for oper12 ation and maintenance activities at existing 

13 levee projects in compliance with all appli14 cable laws; and 

15 (iv) opportunities for collaboration by 

16 environmental protection and public safety 

17 interests in leveed areas and adjacent 

18 areas; and 

19 (E) such other standing committees as the 

20 Secretary, in consultation with the Board, de21 termines to be necessary. 

22 (3) MEMBERSHIP.— 

23 (A) IN GENERAL.—The Board shall rec24 ommend to the Secretary for approval individVerDate Mar 15 2010 00:08 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 E:\BILLS\S601.IS S601

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1 uals for membership on the Standing Commit2 tees. 

3 (B) QUALIFICATIONS.— 

4 (i) INDIVIDUALS.—Each member of a 

5 Standing Committee shall be knowledge6 able in the issue areas for which the Com7 mittee is charged with advising the Board. 

8 (ii) AS A WHOLE.—The membership 

9 of each Standing Committee, considered as 

10 a whole, shall represent, to the maximum 

11 extent practicable, broad geographical di12 versity. 

13 (C) LIMITATION.—Each Standing Com14 mittee shall be comprised of not more than 10 

15 members. 

16 (f) DUTIES AND POWERS.—The Board— 

17 (1) shall submit to the Secretary and Congress 

18 an annual report regarding the effectiveness of the 

19 national levee safety program in accordance with 

20 section 6007; and 

21 (2) may secure from other Federal agencies 

22 such services, and enter into such contracts, as the 

23 Board determines to be necessary to carry out this 

24 subsection. 


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1 (g) TASK FORCE COORDINATION.—The Board shall, 

2 to the maximum extent practicable, coordinate the activi3 ties of the Board with the Federal Interagency Floodplain 

4 Management Task Force. 

5 (h) COMPENSATION.— 

6 (1) FEDERAL EMPLOYEES.—Each member of 

7 the Board who is an officer or employee of the 

8 United States shall serve without compensation in 

9 addition to compensation received for the services of 

10 the member as an officer or employee of the United 

11 States, but shall be allowed a per diem allowance for 

12 travel expenses, at rates authorized for an employee 

13 of an agency under subchapter I of chapter 57 of 

14 title 5, United States Code, while away from the 

15 home or regular place of business of the member in 

16 the performance of the duties of the Board. 

17 (2) NON-FEDERAL EMPLOYEES.—To the extent 

18 amounts are made available to carry out this section 

19 in appropriations Acts, the Secretary shall provide to 

20 each member of the Board who is not an officer or 

21 employee of the United States a stipend and a per 

22 diem allowance for travel expenses, at rates author23 ized for an employee of an agency under subchapter 

24 I of chapter 57 of title 5, United States Code, while 

25 away from the home or regular place of business of 


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1 the member in performance of services for the 

2 Board. 

3 (3) STANDING COMMITTEE MEMBERS.—Each 

4 member of a Standing Committee shall— 

5 (A) serve in a voluntary capacity; but 

6 (B) receive a per diem allowance for travel 

7 expenses, at rates authorized for an employee of 

8 an agency under subchapter I of chapter 57 of 

9 title 5, United States Code, while away from 

10 the home or regular place of business of the 

11 member in performance of services for the 

12 Board. 

13 (i) NONAPPLICABILITY OF FACA.—The Federal Ad14 visory Committee Act (5 U.S.C. App.) shall not apply to 

15 the Board or the Standing Committees. 

16 SEC. 6006. INVENTORY AND INSPECTION OF LEVEES. 

17 Section 9004(a)(2)(A) of the Water Resources Devel18 opment Act of 2007 (33 U.S.C. 3303(a)(2)(A)) is amend19 ed by striking ‘‘and, for non-Federal levees, such informa20 tion on levee location as is provided to the Secretary by 

21 State and local governmental agencies’’ and inserting 

22 ‘‘and updated levee information provided by States, Indian 

23 tribes, Federal agencies, and other entities’’. 

24 SEC. 6007. REPORTS. 

25 (a) STATE OF LEVEES.— 


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

2 the date of enactment of this Act, and biennially 

3 thereafter, the Secretary in coordination with the 

4 Board, shall submit to Congress a report describing 

5 the state of levees in the United States and the ef6 fectiveness of the national levee safety program, in7 cluding— 

8 (A) progress achieved in implementing the 

9 national levee safety program; 

10 (B) State and tribal participation in the 

11 national levee safety program; 

12 (C) recommendations to improve coordina13 tion of levee safety, floodplain management, and 

14 environmental protection concerns, including— 

15 (i) identifying and evaluating opportu16 nities to coordinate public safety, flood17 plain management, and environmental pro18 tection activities relating to levees; and 

19 (ii) evaluating opportunities to coordi20 nate environmental permitting processes 

21 for operation and maintenance activities at 

22 existing levee projects in compliance with 

23 all applicable laws; and 


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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; 


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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 


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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 


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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. 


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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; 


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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 


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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; 


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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 


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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 EngiVerDate Mar 15 2010 00:08 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 E:\BILLS\S601.IS S601

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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 


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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 


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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 criVerDate Mar 15 2010 00:08 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00234 Fmt 6652 Sfmt 6201 E:\BILLS\S601.IS S601

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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 (a) IN GENERAL.—The Secretary shall develop a 

15 methodology for applying standard accounting principles 

16 when classifying activities as major rehabilitation projects. 

17 (b) EVALUATIONS.—The Secretary shall evaluate the 

18 effect of applying the methodology developed under sub19 section (a) to not less than 3 qualifying projects. 

20 (c) REPORT.—The Secretary shall submit to Con21 gress a report on the evaluation under subsection (b). 

22 SEC. 7005. INLAND WATERWAYS SYSTEM REVENUES. 

23 (a) FINDINGS.—Congress finds that— 

24 (1) there are approximately 12,000 miles of 

25 Federal waterways, known as the inland waterways 


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1 system, that are supported by user fees and man2 aged by the Corps of Engineers; 

3 (2) the inland waterways system spans 38 

4 States and handles approximately one-half of all in5 land waterway freight; 

6 (3) according to the final report of the Inland 

7 Marine Transportation System Capital Projects 

8 Business Model, freight traffic on the Federal fuel9 taxed inland waterways system accounts for 

10 546,000,000 tons of freight each year; 

11 (4) expenditures for construction and major re12 habilitation projects on the inland waterways system 

13 are equally cost-shared between the Federal Govern14 ment and the Inland Waterways Trust Fund; 

15 (5) the Inland Waterways Trust Fund is fi16 nanced through a fee of $0.20 per gallon on fuel 

17 used by commercial barges; 

18 (6) the balance of the Inland Waterways Trust 

19 Fund has declined significantly in recent years; 

20 (7) according to the final report of the Inland 

21 Marine Transportation System Capital Projects 

22 Business Model, the estimated financial need for 

23 construction and major rehabilitation projects on the 

24 inland waterways system for fiscal years 2011 


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1 through 2030 is approximately $18,000,000,000; 

2 and 

3 (8) users of the inland waterways system are 

4 supportive of an increase in the existing revenue 

5 sources for inland waterways system construction 

6 and major rehabilitation activities to expedite the 

7 most critical of those construction and major reha8 bilitation projects. 

9 (b) SENSE OF CONGRESS.—It is the sense of Con10 gress that— 

11 (1) the existing revenue sources for inland wa12 terways system construction and rehabilitation ac13 tivities are insufficient to cover the costs of non-Fed14 eral interests of construction and major rehabilita15 tion projects on the inland waterways system; and 

16 (2) the issue described in paragraph (1) should 

17 be addressed. 

18 SEC. 7006. EFFICIENCY OF REVENUE COLLECTION. 

19 Not later than 2 years after the date of enactment 

20 of this Act, the Comptroller General shall prepare a report 

21 on the efficiency of collecting the fuel tax for the Inland 

22 Waterways Trust Fund, which shall include— 

23 (1) an evaluation of whether current methods of 

24 collection of the fuel tax result in full compliance 

25 with requirements of the law; 


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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 TITLE VIII—HARBOR 

7 MAINTENANCE 

8 SEC. 8001. SHORT TITLE. 

9 This title may be cited as the ‘‘Harbor Maintenance 

10 Trust Fund Act of 2013’’. 

11 SEC. 8002. PURPOSES. 

12 The purposes of this title are— 

13 (1) to ensure that revenues collected into the 

14 Harbor Maintenance Trust Fund are used for the 

15 intended purposes of those revenues; 

16 (2) to increase investment in the operation and 

17 maintenance of United States ports, which are crit18 ical for the economic competitiveness of the United 

19 States; 

20 (3) to promote equity among ports nationwide; 

21 and 

22 (4) to ensure United States ports are prepared 

23 to meet modern shipping needs, including the capa24 bility to receive large ships that require deeper 

25 drafts. 


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1 SEC. 8003. FUNDING FOR HARBOR MAINTENANCE PRO2 GRAMS. 

3 (a) HARBOR MAINTENANCE TRUST FUND GUAR4 ANTEE.— 

5 (1) IN GENERAL.—The total budget resources 

6 made available from the Harbor Maintenance Trust 

7 Fund each fiscal year pursuant to section 9505(c) of 

8 the Internal Revenue Code of 1986 (relating to ex9 penditures from the Harbor Maintenance Trust 

10 Fund) shall be equal to the level of receipts plus in11 terest credited to the Harbor Maintenance Trust 

12 Fund for that fiscal year. Such amounts may be 

13 used only for harbor maintenance programs de14 scribed in section 9505(c) of such Code. 

15 (2) GUARANTEE.—No funds may be appro16 priated for harbor maintenance programs described 

17 in such section unless the amount described in para18 graph (1) has been provided. 

19 (b) DEFINITIONS.—In this section, the following defi20 nitions apply: 

21 (1) TOTAL BUDGET RESOURCES.—The term 

22 ‘‘total budget resources’’ means the total amount 

23 made available by appropriations Acts from the Har24 bor Maintenance Trust Fund for a fiscal year for 

25 making expenditures under section 9505(c) of the 

26 Internal Revenue Code of 1986. 


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1 (2) LEVEL OF RECEIPTS PLUS INTEREST.—The 

2 term ‘‘level of receipts plus interest’’ means the level 

3 of taxes and interest credited to the Harbor Mainte4 nance Trust Fund under section 9505 of the Inter5 nal Revenue Code of 1986 for a fiscal year as set 

6 forth in the President’s budget baseline projection as 

7 defined in section 257 of the Balanced Budget and 

8 Emergency Deficit Control Act of 1985 (Public Law 

9 99–177; 99 Stat. 1092) for that fiscal year sub10 mitted pursuant to section 1105 of title 31, United 

11 States Code. 

12 (c) ENFORCEMENT OF GUARANTEES.—It shall not be 

13 in order in the House of Representatives or the Senate 

14 to consider any bill, joint resolution, amendment, motion, 

15 or conference report that would cause total budget re16 sources in a fiscal year for harbor maintenance programs 

17 described in subsection (b)(1) for such fiscal year to be 

18 less than the amount required by subsection (a)(1) for 

19 such fiscal year. 

20 SEC. 8004. HARBOR MAINTENANCE TRUST FUND 

21 PRIORITIZATION. 

22 (a) IN GENERAL.—Section 210 of the Water Re23 sources Development Act of 1986 (33 U.S.C. 2238) is 

24 amended by adding at the end the following: 

25 ‘‘(c) PRIORITIZATION.— 


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1 ‘‘(1) IN GENERAL.—Of the amounts made 

2 available under this section to carry out projects de3 scribed in subsection (a)(2), the Secretary of the 

4 Army, acting through the Chief of Engineers, shall 

5 give priority to those projects in the following order: 

6 ‘‘(A) In any fiscal year in which all 

7 projects subject to the harbor maintenance fee 

8 under section 24.24 of title 19, Code of Federal 

9 Regulations (or successor regulation) are not 

10 maintained to their authorized width and depth, 

11 the Secretary shall prioritize amounts made 

12 available under this section for those projects— 

13 ‘‘(i) that are high-use deep draft; and 

14 ‘‘(ii) for which construction is com15 pleted. 

16 ‘‘(B) In any fiscal year in which the 

17 projects described in subparagraph (A) are 

18 maintained to their authorized width and depth, 

19 the Secretary shall prioritize not more than 20 

20 percent of remaining amounts made available 

21 under this section for projects— 

22 ‘‘(i) that have been maintained below 

23 their authorized width and depth during 

24 the preceding 5 fiscal years; and 


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1 ‘‘(ii) for which significant Federal, 

2 State, and local investments in infrastruc3 ture have been made at those projects. 

4 ‘‘(2) ADMINISTRATION.—For purposes of this 

5 subsection, State and local investments in infrastruc6 ture shall include infrastructure investments made 

7 using amounts made available for activities under 

8 section 105(a)(9) of the Housing and Community 

9 Development Act of 1974 (42 U.S.C. 5305(a)(9)).’’. 

10 (b) OPERATION AND MAINTENANCE.—Section 

11 101(b) of the Water Resources Development Act of 1986 

12 (33 U.S.C. 2211(b)) is amended— 

13 (1) in paragraph (1), by striking ‘‘45 feet’’ and 

14 inserting ‘‘50 feet’’; and 

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

16 ‘‘(3) OPERATION AND MAINTENANCE ACTIVI17 TIES DEFINED.— 

18 ‘‘(A) SCOPE OF OPERATION AND MAINTE19 NANCE ACTIVITIES.—Notwithstanding any 

20 other provision of law (including regulations 

21 and guidelines) and subject to subparagraph 

22 (B), for purposes of this subsection, operation 

23 and maintenance activities that are eligible for 

24 the Federal cost share under paragraph (1) 

25 shall include— 


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1 ‘‘(i) the dredging of berths in a har2 bor that is accessible to a Federal channel, 

3 if the Federal channel has been con4 structed to a depth equal to the authorized 

5 depth of the channel; and 

6 ‘‘(ii) the dredging and disposal of leg7 acy-contaminated sediments and sediments 

8 unsuitable for ocean disposal that— 

9 ‘‘(I) are located in or affect the 

10 maintenance of Federal navigation 

11 channels; or 

12 ‘‘(II) are located in berths that 

13 are accessible to Federal channels. 

14 ‘‘(B) LIMITATIONS.— 

15 ‘‘(i) IN GENERAL.—For each fiscal 

16 year, subparagraph (A) shall only apply if 

17 all operation and maintenance activities 

18 that are eligible for the Federal cost share 

19 under paragraph (1) in a State described 

20 in clause (ii) have been funded. 

21 ‘‘(ii) STATE LIMITATION.—For each 

22 fiscal year, the operation and maintenance 

23 activities described in subparagraph (A) 

24 may only be carried out in a State that— 


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1 ‘‘(I) contributes not less than 2.5 

2 percent annually of the total funding 

3 of the Harbor Maintenance Trust 

4 Fund established under section 9505 

5 of the Internal Revenue Code of 1986; 

6 and 

7 ‘‘(II) received less than 50 per8 cent of the total amounts collected in 

9 the State pursuant to section 9505 of 

10 the Internal Revenue Code of 1986 in 

11 the previous 3 fiscal years. 

12 ‘‘(iii) PRIORITIZATION.—In allocating 

13 amounts made available under this para14 graph, the Secretary shall give priority to 

15 projects that have received the lowest rate 

16 of funding from the Harbor Maintenance 

17 Trust fund in previous fiscal years.’’. 

18 (c) CONFORMING AMENDMENT.—Section 9505(c)(1) 

19 of the Internal Revenue Code of 1986 is amended by strik20 ing ‘‘as in effect on the date of the enactment of the Water 

21 Resources Development Act of 1996’’ and inserting ‘‘as 

22 in effect on the date of the enactment of the Harbor Main23 tenance Trust Fund Act of 2013’’. 


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1 SEC. 8005. CIVIL WORKS PROGRAM OF THE CORPS OF ENGI2 NEERS. 

3 (a) POINT OF ORDER.— 

4 (1) IN GENERAL.—Subject to subsections (b) 

5 and (c), it shall not be in order in the House of Rep6 resentatives or the Senate to consider any bill, joint 

7 resolution, amendment, motion, or conference report 

8 that would result in making the amounts made 

9 available for a given fiscal year to carry out all pro10 grams, projects, and activities of the civil works pro11 gram of the Corps of Engineers other than the har12 bor maintenance programs to be less than the 

13 amounts made available for those purposes in the 

14 previous fiscal year. 

15 (2) CALCULATION OF AMOUNTS.—For each fis16 cal year, the amounts made available to carry out all 

17 programs, projects, and activities of the civil works 

18 program of the Corps of Engineers shall not include 

19 any amounts that are designated by Congress— 

20 (A) as being for emergency requirements 

21 pursuant to section 251(b)(2)(A)(i) of the Bal22 anced Budget and Emergency Deficit Control 

23 Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)); or 

24 (B) as being for disaster relief pursuant to 

25 section 251(b)(2)(D) of the Balanced Budget 


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1 and Emergency Deficit Control Act of 1985 (2 

2 U.S.C. 901(b)(2)(D)). 

3 (b) EXCEPTIONS.—Subsection (a) shall not apply if 

4 amounts made available for the civil works program of the 

5 Corps of Engineers for a fiscal year is less than the 

6 amounts made available for the civil works program in the 

7 previous fiscal year if the reduction in amounts made 

8 available— 

9 (1) applies to all discretionary funds and pro10 grams of the Federal Government; and 

11 (2) is applied to the civil works program in the 

12 same percentage and manner as other discretionary 

13 funds and programs. 

14 (c) WAIVER AND APPEAL.— 

15 (1) SENATE.— 

16 (A) IN GENERAL.—Subsection (a) may be 

17 waived or suspended in the Senate only by an 

affirmative vote of 3 18 ⁄5 of the Members of the 

19 Senate, duly chosen and sworn. 

(B) APPEAL.—An affirmative vote of 3 20 ⁄5 of 

21 the Members of the Senate, duly chosen and 

22 sworn, shall be required to sustain an appeal of 

23 the ruling of the Chair on a point of order 

24 raised under subsection (a). 


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1 (2) HOUSE OF REPRESENTATIVES.—The Com2 mittee on Rules of the House of Representatives 

3 may not report a rule or order that would waive a 

4 point of order to a bill or joint resolution from being 

5 made under subsection (a). 

6 TITLE IX—DAM SAFETY 

7 SEC. 9001. SHORT TITLE. 

8 This title may be cited as the ‘‘Dam Safety Act of 

9 2013’’. 

10 SEC. 9002. PURPOSE. 

11 The purpose of this title and the amendments made 

12 by this title is to reduce the risks to life and property from 

13 dam failure in the United States through the reauthoriza14 tion of an effective national dam safety program that 

15 brings together the expertise and resources of the Federal 

16 Government and non-Federal interests in achieving na17 tional dam safety hazard reduction. 

18 SEC. 9003. ADMINISTRATOR. 

19 (a) IN GENERAL.—The National Dam Safety Pro20 gram Act (33 U.S.C. 467 et seq.) is amended by striking 

21 ‘‘Director’’ each place it appears and inserting ‘‘Adminis22 trator’’. 

23 (b) CONFORMING AMENDMENT.—Section 2 of the 

24 National Dam Safety Program Act (33 U.S.C. 467) is 

25 amended— 


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1 (1) by striking paragraph (3); 

2 (2) by redesignating paragraphs (1) and (2) as 

3 paragraphs (2) and (3), respectively; and 

4 (3) by inserting before paragraph (2) (as redes5 ignated by paragraph (2)) the following: 

6 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis7 trator’ means the Administrator of the Federal 

8 Emergency Management Agency.’’. 

9 SEC. 9004. INSPECTION OF DAMS. 

10 Section 3(b)(1) of the National Dam Safety Program 

11 Act (33 U.S.C. 467a(b)(1)) is amended by striking ‘‘or 

12 maintenance’’ and inserting ‘‘maintenance, condition, or 

13 provisions for emergency operations’’. 

14 SEC. 9005. NATIONAL DAM SAFETY PROGRAM. 

15 (1) OBJECTIVES.—Section 8(c) of the National 

16 Dam Safety Program Act (33 U.S.C. 467f(c)) is 

17 amended by striking paragraph (4) and inserting the 

18 following: 

19 ‘‘(4) develop and implement a comprehensive 

20 dam safety hazard education and public awareness 

21 program to assist the public in preparing for, miti22 gating, responding to, and recovering from dam inci23 dents;’’. 

24 (2) BOARD.—Section 8(f)(4) of the National 

25 Dam Safety Program Act (33 U.S.C. 467f(f)(4)) is 


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1 amended by inserting ‘‘, representatives from non2 governmental organizations,’’ after ‘‘State agencies’’. 

3 SEC. 9006. PUBLIC AWARENESS AND OUTREACH FOR DAM 

4 SAFETY. 

5 The National Dam Safety Program Act (33 U.S.C. 

6 467 et seq.) is amended— 

7 (1) by redesignating sections 11, 12, and 13 as 

8 sections 12, 13, and 14, respectively; and 

9 (2) by inserting after section 10 (33 U.S.C. 

10 467g–1) the following: 

11 ‘‘SEC. 11. PUBLIC AWARENESS AND OUTREACH FOR DAM 

12 SAFETY. 

13 ‘‘The Administrator, in consultation with other Fed14 eral agencies, State and local governments, dam owners, 

15 the emergency management community, the private sec16 tor, nongovernmental organizations and associations, in17 stitutions of higher education, and any other appropriate 

18 entities shall carry out a nationwide public awareness and 

19 outreach program to assist the public in preparing for, 

20 mitigating, responding to, and recovering from dam inci21 dents.’’. 

22 SEC. 9007. AUTHORIZATION OF APPROPRIATIONS. 

23 (1) NATIONAL DAM SAFETY PROGRAM.— 

24 (A) ANNUAL AMOUNTS.—Section 14(a)(1) 

25 of the National Dam Safety Program Act (33 


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1 U.S.C. 467j(a)(1)) (as so redesignated) is 

2 amended by striking ‘‘$6,500,000’’ and all that 

3 follows through ‘‘2011’’ and inserting 

4 ‘‘$9,200,000 for each of fiscal years 2014 

5 through 2018’’. 

6 (B) MAXIMUM AMOUNT OF ALLOCATION.— 

7 Section 14(a)(2)(B) of the National Dam Safe8 ty Program Act (33 U.S.C. 467j(a)(2)(B)) (as 

9 so redesignated) is amended— 

10 (i) by striking ‘‘The amount’’ and in11 serting the following: 

12 ‘‘(i) IN GENERAL.—The amount’’; and 

13 (ii) by adding at the end the fol14 lowing: 

15 ‘‘(ii) FISCAL YEAR 2014 AND SUBSE16 QUENT FISCAL YEARS.—For fiscal year 

17 2014 and each subsequent fiscal year, the 

18 amount of funds allocated to a State under 

19 this paragraph may not exceed the amount 

20 of funds committed by the State to imple21 ment dam safety activities.’’. 

22 (2) NATIONAL DAM INVENTORY.—Section 14(b) 

23 of the National Dam Safety Program Act (33 

24 U.S.C. 467j(b)) (as so redesignated) is amended by 

25 striking ‘‘$650,000’’ and all that follows through 


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1 ‘‘2011’’ and inserting ‘‘$500,000 for each of fiscal 

2 years 2014 through 2018’’. 

3 (3) PUBLIC AWARENESS.—Section 14 of the 

4 National Dam Safety Program Act (33 U.S.C. 467j) 

5 (as so redesignated) is amended— 

6 (A) by redesignating subsections (c) 

7 through (f) as subsections (d) through (g), re8 spectively; and 

9 (B) by inserting after subsection (b) the 

10 following: 

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 (4) RESEARCH.—Section 14(d) of the National 

15 Dam Safety Program Act (as so redesignated) is 

16 amended by striking ‘‘$1,600,000’’ and all that fol17 lows through ‘‘2011’’ and inserting ‘‘$1,450,000 for 

18 each of fiscal years 2014 through 2018’’. 

19 (5) DAM SAFETY TRAINING.—Section 14(e) of 

20 the National Dam Safety Program Act (as so redes21 ignated) is amended by striking ‘‘$550,000’’ and all 

22 that follows through ‘‘2011’’ and inserting 

23 ‘‘$750,000 for each of fiscal years 2014 through 

24 2018’’. 


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1 (6) STAFF.—Section 14(f) of the National Dam 

2 Safety Program Act (as so redesignated) is amended 

3 by striking ‘‘$700,000’’ and all that follows through 

4 ‘‘2011’’ and inserting ‘‘$1,000,000 for each of fiscal 

5 years 2014 through 2018’’. 

6 TITLE X—INNOVATIVE 

7 FINANCING PILOT PROJECTS 

8 SEC. 10001. SHORT TITLE. 

9 This title may be cited as the ‘‘Water Infrastructure 

10 Finance and Innovation Act of 2013’’. 

11 SEC. 10002. PURPOSES. 

12 The purpose of this title is to establish a pilot pro13 gram to assess the ability of innovative financing tools 

14 to— 

15 (1) promote increased development of critical 

16 water resources infrastructure by establishing addi17 tional opportunities for financing water resources 

18 projects that complement but do not replace or re19 duce existing Federal infrastructure financing tools 

20 such as the State water pollution control revolving 

21 loan funds established under title VI of the Federal 

22 Water Pollution Control Act (33 U.S.C. 1381 et 

23 seq.) and the State drinking water treatment revolv24 ing loan funds established under section 1452 of the 

25 Safe Drinking Water Act (42 U.S.C. 300j–12); 


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1 (2) attract new investment capital to infrastruc2 ture projects that are capable of generating revenue 

3 streams through user fees or other dedicated fund4 ing sources; 

5 (3) complement existing Federal funding 

6 sources and address budgetary constraints on the 

7 Corps of Engineers civil works program and existing 

8 wastewater and drinking water infrastructure fi9 nancing programs; 

10 (4) leverage private investment in water re11 sources infrastructure; 

12 (5) align investments in water resources infra13 structure to achieve multiple benefits; and 

14 (6) assist communities facing significant water 

15 quality, drinking water, or flood risk challenges with 

16 the development of water infrastructure projects. 

17 SEC. 10003. DEFINITIONS. 

18 In this title: 

19 (1) ADMINISTRATOR.—The term ‘‘Adminis20 trator’’ means the Administrator of the Environ21 mental Protection Agency. 

22 (2) COMMUNITY WATER SYSTEM.—The term 

23 ‘‘community water system’’ has the meaning given 

24 the term in section 1401 of the Safe Drinking Water 

25 Act (42 U.S.C. 300f). 


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1 (3) FEDERAL CREDIT INSTRUMENT.—The term 

2 ‘‘Federal credit instrument’’ means a secured loan 

3 or loan guarantee authorized to be made available 

4 under this title with respect to a project. 

5 (4) INVESTMENT-GRADE RATING.—The term 

6 ‘‘investment-grade rating’’ means a rating of BBB 

7 minus, Baa3, bbb minus, BBB (low), or higher as8 signed by a rating agency to project obligations. 

9 (5) LENDER.— 

10 (A) IN GENERAL.—The term ‘‘lender’’ 

11 means any non-Federal qualified institutional 

12 buyer (as defined in section 230.144A(a) of 

13 title 17, Code of Federal Regulations (or a suc14 cessor regulation), known as Rule 144A(a) of 

15 the Securities and Exchange Commission and 

16 issued under the Securities Act of 1933 (15 

17 U.S.C. 77a et seq.)). 

18 (B) INCLUSIONS.—The term ‘‘lender’’ in19 cludes— 

20 (i) a qualified retirement plan (as de21 fined in section 4974(c) of the Internal 

22 Revenue Code of 1986) that is a qualified 

23 institutional buyer; and 

24 (ii) a governmental plan (as defined in 

25 section 414(d) of the Internal Revenue 


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1 Code of 1986) that is a qualified institu2 tional buyer. 

3 (6) LOAN GUARANTEE.—The term ‘‘loan guar4 antee’’ means any guarantee or other pledge by the 

5 Secretary or the Administrator to pay all or part of 

6 the principal of, and interest on, a loan or other debt 

7 obligation issued by an obligor and funded by a lend8 er. 

9 (7) OBLIGOR.—The term ‘‘obligor’’ means an 

10 eligible entity that is primarily liable for payment of 

11 the principal of, or interest on, a Federal credit in12 strument. 

13 (8) PROJECT OBLIGATION.— 

14 (A) IN GENERAL.—The term ‘‘project obli15 gation’’ means any note, bond, debenture, or 

16 other debt obligation issued by an obligor in 

17 connection with the financing of a project. 

18 (B) EXCLUSION.—The term ‘‘project obli19 gation’’ does not include a Federal credit in20 strument. 

21 (9) RATING AGENCY.—The term ‘‘rating agen22 cy’’ means a credit rating agency registered with the 

23 Securities and Exchange Commission as a nationally 

24 recognized statistical rating organization (as defined 


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1 in section 3(a) of the Securities Exchange Act of 

2 1934 (15 U.S.C. 78c(a))). 

3 (10) SECURED LOAN.—The term ‘‘secured 

4 loan’’ means a direct loan or other debt obligation 

5 issued by an obligor and funded by the Secretary in 

6 connection with the financing of a project under sec7 tion 10010. 

8 (11) STATE.—The term ‘‘State’’ means— 

9 (A) a State; 

10 (B) the District of Columbia; 

11 (C) the Commonwealth of Puerto Rico; 

12 and 

13 (D) any other territory or possession of the 

14 United States. 

15 (12) STATE INFRASTRUCTURE FINANCING AU16 THORITY.—The term ‘‘State infrastructure financing 

17 authority’’ means the State entity established or des18 ignated by the Governor of a State to receive a cap19 italization grant provided by, or otherwise carry out 

20 the requirements of, title VI of the Federal Water 

21 Pollution Control Act (33 U.S.C. 1381 et seq.) or 

22 section 1452 of the Safe Drinking Water Act (42 

23 U.S.C. 300j–12). 

24 (13) SUBSIDY AMOUNT.—The term ‘‘subsidy 

25 amount’’ means the amount of budget authority sufVerDate Mar 15 2010 00:08 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00256 Fmt 6652 Sfmt 6201 E:\BILLS\S601.IS S601

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1 ficient to cover the estimated long-term cost to the 

2 Federal Government of a Federal credit instrument, 

3 as calculated on a net present value basis, excluding 

4 administrative costs and any incidental effects on 

5 governmental receipts or outlays in accordance with 

6 the Federal Credit Reform Act of 1990 (2 U.S.C. 

7 661 et seq.). 

8 (14) SUBSTANTIAL COMPLETION.—The term 

9 ‘‘substantial completion’’, with respect to a project, 

10 means the earliest date on which a project is consid11 ered to perform the functions for which the project 

12 is designed. 

13 (15) TREATMENT WORKS.—The term ‘‘treat14 ment works’’ has the meaning given the term in sec15 tion 212 of the Federal Water Pollution Control Act 

16 (33 U.S.C. 1292). 

17 SEC. 10004. AUTHORITY TO PROVIDE ASSISTANCE. 

18 (a) IN GENERAL.—The Secretary and the Adminis19 trator may provide financial assistance under this title to 

20 carry out pilot projects, which shall be selected to ensure 

21 a diversity of project types and geographical locations. 

22 (b) RESPONSIBILITY.— 

23 (1) SECRETARY.—The Secretary shall carry out 

24 all pilot projects under this title that are eligible 

25 projects under section 10007(1). 


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1 (2) ADMINISTRATOR.—The Administrator shall 

2 carry out all pilot projects under this title that are 

3 eligible projects under paragraphs (2), (3), (4), (5), 

4 (6), and (8) of section 10007. 

5 (3) OTHER PROJECTS.—The Secretary or the 

6 Administrator, as applicable, may carry out eligible 

7 projects under paragraph (7) or (9) of section 

8 10007. 

9 SEC. 10005. APPLICATIONS. 

10 (a) IN GENERAL.—To receive assistance under this 

11 title, an eligible entity shall submit to the Secretary or 

12 the Administrator, as applicable, an application at such 

13 time, in such manner, and containing such information as 

14 the Secretary or the Administrator may require. 

15 (b) COMBINED PROJECTS.—In the case of an eligible 

16 project described in paragraph (8) or (9) of section 10007, 

17 the Secretary or the Administrator, as applicable, shall re18 quire the eligible entity to submit a single application for 

19 the combined group of projects. 

20 SEC. 10006. ELIGIBLE ENTITIES. 

21 The following entities are eligible to receive assistance 

22 under this title: 

23 (1) A corporation. 

24 (2) A partnership. 

25 (3) A joint venture. 


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1 (4) A trust. 

2 (5) A Federal, State, or local governmental en3 tity, agency, or instrumentality. 

4 (6) A tribal government or consortium of tribal 

5 governments. 

6 (7) A State infrastructure financing authority. 

7 SEC. 10007. PROJECTS ELIGIBLE FOR ASSISTANCE. 

8 The following projects may be carried out with 

9 amounts made available under this title: 

10 (1) A project for flood control or hurricane and 

11 storm damage reduction that the Secretary has de12 termined is technically sound, economically justified, 

13 and environmentally acceptable, including— 

14 (A) a structural or nonstructural measure 

15 to reduce flood risk, enhance stream flow, or 

16 protect natural resources; and 

17 (B) a levee, dam, tunnel, aqueduct, res18 ervoir, or other related water infrastructure. 

19 (2) One or more activities that are eligible for 

20 assistance under section 603(c) of the Federal 

21 Water Pollution Control Act (33 U.S.C. 1383(c)), 

22 notwithstanding the public ownership requirement 

23 under paragraph (1) of that subsection. 


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1 (3) One or more activities described in section 

2 1452(a)(2) of the Safe Drinking Water Act (42 

3 U.S.C. 300j–12(a)(2)). 

4 (4) A project for enhanced energy efficiency in 

5 the operation of a public water system. 

6 (5) A project for repair, rehabilitation, or re7 placement of a treatment works, community water 

8 system, or aging water distribution facility. 

9 (6) A brackish or sea water desalination 

10 project, a managed aquifer recharge project, or a 

11 water recycling project. 

12 (7) Acquisition of real property or an interest 

13 in real property— 

14 (A) if the acquisition is integral to a 

15 project described in paragraphs (1) through (6); 

16 or 

17 (B) pursuant to an existing plan that, in 

18 the judgment of the Administrator or the Sec19 retary, as applicable, would mitigate the envi20 ronmental impacts of water resources infra21 structure projects otherwise eligible for assist22 ance under this section. 

23 (8) A combination of projects, each of which is 

24 eligible under paragraph (2) or (3), for which a 


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1 State infrastructure financing authority submits to 

2 the Administrator a single application. 

3 (9) A combination of projects secured by a com4 mon security pledge, each of which is eligible under 

5 paragraph (1), (2), (3), (4), (5), (6), or (7), for 

6 which an eligible entity, or a combination of eligible 

7 entities, submits a single application. 

8 SEC. 10008. ACTIVITIES ELIGIBLE FOR ASSISTANCE. 

9 For purposes of this title, an eligible activity with re10 spect to an eligible project includes the cost of— 

11 (1) development-phase activities, including plan12 ning, feasibility analysis (including any related anal13 ysis necessary to carry out an eligible project), rev14 enue forecasting, environmental review, permitting, 

15 preliminary engineering and design work, and other 

16 preconstruction activities; 

17 (2) construction, reconstruction, rehabilitation, 

18 and replacement activities; 

19 (3) the acquisition of real property or an inter20 est in real property (including water rights, land re21 lating to the project, and improvements to land), en22 vironmental mitigation (including acquisitions pursu23 ant to section 10007(7)), construction contingencies, 

24 and acquisition of equipment; 


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1 (4) capitalized interest necessary to meet mar2 ket requirements, reasonably required reserve funds, 

3 capital issuance expenses, and other carrying costs 

4 during construction; and 

5 (5) refinancing interim construction funding, 

6 long-term project obligations, or a secured loan or 

7 loan guarantee made under this title. 

8 SEC. 10009. DETERMINATION OF ELIGIBILITY AND 

9 PROJECT SELECTION. 

10 (a) ELIGIBILITY REQUIREMENTS.—To be eligible to 

11 receive financial assistance under this title, a project shall 

12 meet the following criteria, as determined by the Secretary 

13 or Administrator, as applicable: 

14 (1) CREDITWORTHINESS.— 

15 (A) IN GENERAL.—Subject to subpara16 graph (B), the project shall be creditworthy, 

17 which shall be determined by the Secretary or 

18 the Administrator, as applicable, who shall en19 sure that any financing for the project has ap20 propriate security features, such as a rate cov21 enant, to ensure repayment. 

22 (B) PRELIMINARY RATING OPINION LET23 TER.—The Secretary or the Administrator, as 

24 applicable, shall require each project applicant 

25 to provide a preliminary rating opinion letter 


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1 from at least 1 rating agency indicating that 

2 the senior obligations of the project (which may 

3 be the Federal credit instrument) have the po4 tential to achieve an investment-grade rating. 

5 (C) SPECIAL RULE FOR CERTAIN COM6 BINED PROJECTS.—The Administrator shall de7 velop a credit evaluation process for a Federal 

8 credit instrument provided to a State infra9 structure financing authority for a project 

10 under section 10007(8) or an entity for a 

11 project under section 10007(9), which may in12 clude requiring the provision of a preliminary 

13 rating opinion letter from at least 1 rating 

14 agency. 

15 (2) ELIGIBLE PROJECT COSTS.—The eligible 

16 project costs of a project shall be reasonably antici17 pated to be not less than $20,000,000. 

18 (3) DEDICATED REVENUE SOURCES.—The Fed19 eral credit instrument for the project shall be repay20 able, in whole or in part, from dedicated revenue 

21 sources that also secure the project obligations. 

22 (4) PUBLIC SPONSORSHIP OF PRIVATE ENTI23 TIES.—In the case of a project carried out by an en24 tity that is not a State or local government or an 


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1 agency or instrumentality of a State or local govern2 ment, the project shall be publicly sponsored. 

3 (b) SELECTION CRITERIA.— 

4 (1) ESTABLISHMENT.—The Secretary or the 

5 Administrator, as applicable, shall establish criteria 

6 for the selection of projects that meet the eligibility 

7 requirements of subsection (a), in accordance with 

8 paragraph (2). 

9 (2) CRITERIA.—The selection criteria shall in10 clude the following: 

11 (A) The extent to which the project is na12 tionally or regionally significant, with respect to 

13 the generation of economic and public benefits, 

14 such as— 

15 (i) the reduction of flood risk; 

16 (ii) the improvement of water quality; 

17 (iii) the protection of drinking water; 

18 and 

19 (iv) the support of international com20 merce. 

21 (B) The extent to which the project financ22 ing plan includes public or private financing in 

23 addition to assistance under this title. 

24 (C) The likelihood that assistance under 

25 this title would enable the project to proceed at 


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1 an earlier date than the project would otherwise 

2 be able to proceed. 

3 (D) The extent to which the project uses 

4 new or innovative approaches. 

5 (E) The amount of budget authority re6 quired to fund the Federal credit instrument 

7 made available under this title. 

8 (F) The extent to which the project— 

9 (i) protects against extreme weather 

10 events, such as floods or hurricanes; or 

11 (ii) helps maintain or protect the envi12 ronment. 

13 (G) The extent to which a project serves 

14 regions with significant energy exploration, de15 velopment, or production areas. 

16 (H) The extent to which a project serves 

17 regions with significant water resource chal18 lenges, including the need to address— 

19 (i) water quality concerns in areas of 

20 regional, national, or international signifi21 cance; 

22 (ii) water quantity concerns related to 

23 groundwater, surface water, or other water 

24 sources; 

25 (iii) significant flood risk; 


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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; 


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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 


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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— 


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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 


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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— 


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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 

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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 conVerDate Mar 15 2010 00:08 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00272 Fmt 6652 Sfmt 6201 E:\BILLS\S601.IS S601

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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 


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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 

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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. 


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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 AND LOCAL PERMITS. 

22 The provision of financial assistance for project under 

23 this title shall not— 


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1 (1) relieve any recipient of the assistance of any 

2 obligation to obtain any required State or local per3 mit or approval with respect to the project; 

4 (2) limit the right of any unit of State or local 

5 government to approve or regulate any rate of re6 turn on private equity invested in the project; or 

7 (3) otherwise supersede any State or local law 

8 (including any regulation) applicable to the construc9 tion or operation of the project. 

10 SEC. 10013. REGULATIONS. 

11 The Secretary or the Administrator, as applicable, 

12 may promulgate such regulations as the Secretary or Ad13 ministrator determines to be appropriate to carry out this 

14 title. 

15 SEC. 10014. FUNDING. 

16 (a) IN GENERAL.—There is authorized to be appro17 priated to each of the Secretary and the Administrator 

18 to carry out this title $50,000,000 for each of fiscal years 

19 2014 through 2018, to remain available until expended. 

20 (b) ADMINISTRATIVE COSTS.—Of the funds made 

21 available to carry out this title, the Secretary or the Ad22 ministrator, as applicable, may use for the administration 

23 of this title, including for the provision of technical assist24 ance to aid project sponsors in obtaining the necessary apVerDate Mar 15 2010 00:08 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00277 Fmt 6652 Sfmt 6201 E:\BILLS\S601.IS S601

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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 im17 provement, the protection of drinking water, and the 

18 reduction of flood risk. 

19 TITLE XI—EXTREME WEATHER 

20 SEC. 11001. IMPROVING MANAGEMENT OF FLOOD AND 

21 DROUGHT. 

22 (a) IN GENERAL.—Not later than 18 months after 

23 the date of enactment of this Act, the Secretary shall enter 

24 into an arrangement with the National Academy of 

25 Sciences to carry out a study and make recommendations 


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1 relating to options for reducing risk to human life and 

2 property from extreme weather events, such as hurricanes, 

3 coastal storms, and inland flooding. 

4 (b) CONSIDERATIONS.—The study under subsection 

5 (a) shall include— 

6 (1) an analysis of strategies and projects, in7 cluding authorized water resources projects that 

8 have not yet been constructed, implemented in the 

9 United States and worldwide to respond to risk asso10 ciated with extreme weather events; 

11 (2) an analysis of historical extreme weather 

12 events and the ability of existing infrastructure to 

13 mitigate risks associated with those events; 

14 (3) an estimation of the funding necessary to 

15 improve infrastructure in the United States to re16 duce risk associated with extreme weather events; 

17 (4) an analysis of the adequacy of current fund18 ing sources and the identification of potential new 

19 funding sources to finance the necessary infrastruc20 ture improvements referred to in paragraph (3); and 

21 (5) an analysis of the Federal, State, and local 

22 costs of natural disasters and the potential cost-sav23 ings associated with implementing mitigation meas24 ures. 


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1 (c) COORDINATION.—The National Academy of 

2 Sciences may cooperate with the National Academy of 

3 Public Administration to carry out 1 or more aspects of 

4 the study under subsection (a). 

5 (d) PUBLICATION.—Not later than 30 days after 

6 completion of the study under subsection (a), the National 

7 Academy of Sciences shall— 

8 (1) submit a copy of the study 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; and 

12 (2) make a copy of the study available on a 

13 publicly accessible Internet site. 

14 SEC. 11002. GAO STUDY ON MANAGEMENT OF FLOOD AND 

15 DROUGHT. 

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

17 date of enactment of this Act, the Comptroller General 

18 shall submit to the Committee on Environment and Public 

19 Works of the Senate and the Committee on Transpor20 tation and Infrastructure of the House of Representatives 

21 a study of the strategies used by the Corps of Engineers 

22 for the comprehensive management of water resources in 

23 response to floods, storms, and droughts, including an his24 torical review of the ability of the Corps of Engineers to 


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1 manage and respond to historical drought, storm, and 

2 flood events. 

3 (b) CONSIDERATIONS.—The study under subsection 

4 (a) shall address— 

5 (1) the extent to which existing water manage6 ment activities of the Corps of Engineers can better 

7 address and mitigate flood, storm damage, and 

8 drought impacts on a national basis; 

9 (2) whether existing water resources projects 

10 built or maintained by the Corps of Engineers, in11 cluding dams, levees, floodwalls, flood gates, and 

12 other appurtenant infrastructure were designed to 

13 adequately address flood, storm, and drought im14 pacts and the extent to which the water resources 

15 projects have been successful at addressing those im16 pacts; 

17 (3) whether a reevaluation of existing manage18 ment approaches of the Corps of Engineers could re19 sult in greater efficiencies in water management and 

20 project delivery that would enable the Corps of Engi21 neers to better prepare for, contain, and respond to 

22 flood, storm, and drought conditions; 

23 (4) any recommendations for improving the 

24 planning processes of the Corps of Engineers to pro25 vide opportunities for comprehensive management of 


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1 water resources that increases efficiency and im2 proves response to flood, storm, and drought condi3 tions; and 

4 (5) any recommendations for improving ap5 proaches to rebuilding or restoring infrastructure 

6 and natural resources that contribute to risk reduc7 tion, such as coastal wetlands, to prepare for flood 

8 and drought. 

9 SEC. 11003. POST-DISASTER WATERSHED ASSESSMENTS. 

10 (a) WATERSHED ASSESSMENTS.— 

11 (1) IN GENERAL.—In an area that the Presi12 dent has declared a major disaster in accordance 

13 with section 401 of the Robert T. Stafford Disaster 

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

15 5170), the Secretary may carry out a watershed as16 sessment to identify, to the maximum extent prac17 ticable, specific flood risk reduction, hurricane and 

18 storm damage reduction, or ecosystem restoration 

19 project recommendations that will help to rehabili20 tate damaged infrastructure and reduce risks to 

21 human life and property from future natural disas22 ters. 

23 (2) EXISTING PROJECTS.—A watershed assess24 ment carried out under paragraph (1) may identify 


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1 existing projects being carried out under 1 or more 

2 of the authorities referred to in subsection (b)(1). 

3 (3) DUPLICATE WATERSHED ASSESSMENTS.— 

4 In carrying out a watershed assessment under para5 graph (1), the Secretary shall use all existing water6 shed assessments and related information developed 

7 by the Secretary or other Federal, State, or local en8 tities. 

9 (b) PROJECTS.— 

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

11 1 or more small projects identified in a watershed 

12 assessment under subsection (a) that the Secretary 

13 would otherwise be authorized to carry out under— 

14 (A) section 205 of the Flood Control Act 

15 of 1948 (33 U.S.C. 701s); 

16 (B) section 111 of the River and Harbor 

17 Act of 1968 (33 U.S.C. 426i); 

18 (C) section 206 of the Water Resources 

19 Development Act of 1996 (33 U.S.C. 2330); 

20 (D) section 1135 of the Water Resources 

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

22 (E) section 107 of the River and Harbor 

23 Act of 1960 (33 U.S.C. 577); or 

24 (F) section 3 of the Act of August 13, 

25 1946 (33 U.S.C. 426g). 


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1 (2) EXISTING PROJECTS.—In carrying out a 

2 project under paragraph (1), the Secretary shall— 

3 (A) to the maximum extent practicable, 

4 use all existing information and studies avail5 able for the project; and 

6 (B) not require any element of a study 

7 completed for the project prior to the disaster 

8 to be repeated. 

9 (c) REQUIREMENTS.—All requirements applicable to 

10 a project under the Acts described in subsection (b) shall 

11 apply to the project. 

12 (d) LIMITATIONS ON ASSESSMENTS.— 

13 (1) IN GENERAL.—A watershed assessment 

14 under subsection (a) shall be initiated not later than 

15 2 years after the date on which the major disaster 

16 declaration is issued. 

17 (2) FEDERAL SHARE.—The Federal share of 

18 the cost of carrying out a watershed assessment 

19 under subsection (a) shall not exceed $1,000,000. 

20 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out this section 

22 $25,000,000 for each of fiscal years 2014 through 2018. 

Æ 


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