II 

Calendar No. 224 

113TH CONGRESS 

1ST SESSION H. R. 3080 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 28, 2013 

Received; read twice and placed on the calendar 

AN ACT 

To provide for improvements to the rivers and harbors of 

the United States, to provide for the conservation and 

development of water and related resources, and for 

other purposes. 

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 Reform and Development Act of 2013’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—PROGRAM REFORMS AND STREAMLINING 

Sec. 101. Vertical integration and acceleration of studies. 


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Sec. 102. Expediting the evaluation and processing of permits. 

Sec. 103. Environmental streamlining. 

Sec. 104. Consolidation of studies. 

Sec. 105. Expedited completion of reports. 

Sec. 106. Removal of duplicative analyses. 

Sec. 107. Expediting approval of modifications and alterations of projects by 

non-Federal interests. 

Sec. 108. Construction of projects by non-Federal interests. 

Sec. 109. Contributions by non-Federal interests. 

Sec. 110. Contributions by non-Federal interests for management of Corps of 

Engineers inland navigation facilities. 

Sec. 111. Additional contributions by non-Federal interests. 

Sec. 112. Contributions by non-Federal interests prior to authorization of final 

feasibility reports. 

Sec. 113. Clarification of impacts to other Federal facilities. 

Sec. 114. Clarification of previously authorized work. 

Sec. 115. Tribal partnership program. 

Sec. 116. Technical corrections. 

Sec. 117. Water infrastructure public-private partnership pilot program. 

Sec. 118. Annual report to Congress. 

Sec. 119. Actions to be taken in conjunction with the President’s annual budget 

submission to Congress. 

Sec. 120. Hurricane and storm damage reduction study. 

Sec. 121. Non-Federal plans to provide additional flood risk reduction. 

Sec. 122. Review of emergency response authorities. 

Sec. 123. Emergency communication of risk. 

Sec. 124. Improvements to the National Dam Safety Program Act. 

Sec. 125. Restricted areas at Corps of Engineers dams. 

Sec. 126. Levee safety. 

Sec. 127. Vegetation on levees. 

Sec. 128. Reduction of Federal costs. 

Sec. 129. Advanced modeling technologies. 

Sec. 130. Enhanced use of electronic commerce in Federal procurement. 

Sec. 131. Corrosion prevention. 

Sec. 132. Resilient construction and use of innovative materials. 

Sec. 133. Assessment of water supply in arid regions. 

Sec. 134. River basin commissions. 

Sec. 135. Sense of Congress regarding water resources development bills. 

Sec. 136. Donald G. Waldon Lock and Dam. 

Sec. 137. Aquatic invasive species. 

Sec. 138. Recreational access. 

Sec. 139. Territories of the United States. 

Sec. 140. Sense of Congress regarding interstate water agreements and compacts. 

Sec. 141. Report on surface elevations at drought effected lakes. 

Sec. 142. Future water supply. 

Sec. 143. Congressional consent for new project purposes. 

Sec. 144. Multiagency effort to slow the spread of asian carp in the upper mississippi river and ohio river basins and tributaries. 

Sec. 145. Aquatic invasive species prevention and control. 

Sec. 146. National Ocean Policy implementation. 

Sec. 147. Calculation of benefits and costs for flood damage reduction and hurricane and storm damage reduction projects. 

TITLE II—NAVIGATION IMPROVEMENTS 


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Subtitle A—Ports 

Sec. 201. Expanded use of Harbor Maintenance Trust Fund. 

Sec. 202. Assessment and prioritization of operation and maintenance. 

Sec. 203. Preserving United States harbors. 

Sec. 204. Consolidation of deep draft navigation expertise. 

Sec. 205. Disposal sites. 

Sec. 206. Harbor Maintenance Trust Fund study. 

Subtitle B—Inland Waterways 

Sec. 211. Definitions. 

Sec. 212. Project delivery process reforms. 

Sec. 213. Efficiency of revenue collection. 

Sec. 214. Inland waterways revenue studies. 

Sec. 215. Inland waterways stakeholder roundtable. 

Sec. 216. Preserving the Inland Waterway Trust Fund. 

Sec. 217. Public comment on lock operations. 

Sec. 218. Assessment of operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway. 

Sec. 219. Upper Mississippi River protection. 

Sec. 220. Corps of Engineers lock and dam energy development. 

TITLE III—DEAUTHORIZATIONS AND BACKLOG PREVENTION 

Sec. 301. Deauthorization of inactive projects. 

Sec. 302. Review of Corps of Engineers assets. 

Sec. 303. Backlog prevention. 

Sec. 304. Deauthorizations. 

Sec. 305. Land conveyances. 

TITLE IV—WATER RESOURCES INFRASTRUCTURE 

Sec. 401. Authorization of final feasibility studies. 

Sec. 402. Project modifications. 

1 SEC. 2. DEFINITION OF SECRETARY. 

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

4 TITLE I—PROGRAM REFORMS 

5 AND STREAMLINING 

6 SEC. 101. VERTICAL INTEGRATION AND ACCELERATION OF 

7 STUDIES. 

8 (a) IN GENERAL.—To the extent practicable, a feasi9 bility study initiated by the Secretary, after the date of 

10 enactment of this Act, under section 905(a) of the Water 


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1 Resources Development Act of 1986 (33 U.S.C. 2282(a)) 

2 shall— 

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

4 report not later than 3 years after the date of initi5 ation; 

6 (2) have a maximum Federal cost of 

7 $3,000,000; and 

8 (3) ensure that personnel from the district, divi9 sion, and headquarters levels of the Corps of Engi10 neers concurrently conduct the review required 

11 under that section. 

12 (b) EXCEPTION.—If the Secretary determines that a 

13 feasibility study described in subsection (a) will not be 

14 conducted in accordance with subsection (a), the Sec15 retary, not later than 30 days after the date of making 

16 the determination, shall— 

17 (1) prepare an updated feasibility study sched18 ule and cost estimate; 

19 (2) notify the non-Federal feasibility cost shar20 ing partner that the feasibility study has been de21 layed; and 

22 (3) provide written notice to the Committee on 

23 Transportation and Infrastructure of the House of 

24 Representatives and the Committee on Environment 

25 and Public Works of the Senate as to the reasons 


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1 the requirements of subsection (a) are not attain2 able. 

3 (c) TERMINATION OF AUTHORIZATION.—A feasibility 

4 study for which the Secretary has issued a determination 

5 under subsection (b) is not authorized after the last day 

6 of the 1-year period beginning on the date of the deter7 mination if the Secretary has not completed the study on 

8 or before such last day. 

9 (d) REPORT.—Not later than 4 years after the date 

10 of enactment of this Act, the Secretary shall submit to 

11 the Committee on Transportation and Infrastructure of 

12 the House of Representatives and the Committee on Envi13 ronment and Public Works of the Senate a report that 

14 describes— 

15 (1) the status of the implementation of this sec16 tion, including a description of each feasibility study 

17 subject to the requirements of this section; 

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

19 such feasibility study; and 

20 (3) any recommendations for additional author21 ity necessary to support efforts to expedite the feasi22 bility study process, including an analysis of whether 

23 the limitation established by subsection (a)(2) needs 

24 to be adjusted to address the impacts of inflation. 


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

2 of the initiation of a study described in subsection (a) for 

3 a project, the Secretary shall— 

4 (1) take all steps necessary to initiate the feder5 ally mandated reviews that the Secretary is required 

6 to complete as part of the study, including environ7 mental reviews; 

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

9 State agencies identified under section 2045(d) of 

10 the Water Resources Development Act of 2007 (33 

11 U.S.C. 2348(d)), as amended by this Act, and that 

12 may be required by law to conduct or issue a review, 

13 analysis, or opinion on or to make a determination 

14 concerning a permit or license for the study; 

15 (3) provide the agencies referred to in para16 graph (2) with all relevant information related to the 

17 scope and potential impacts of the project, including 

18 environmental impacts; and 

19 (4) take all steps necessary to provide informa20 tion that will enable required reviews and analyses 

21 related to the project to be conducted by other agen22 cies in a thorough and timely manner. 


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1 SEC. 102. EXPEDITING THE EVALUATION AND PROCESSING 

2 OF PERMITS. 

3 Section 214 of the Water Resources Development Act 

4 of 2000 (33 U.S.C. 2201 note) is amended— 

5 (1) in subsection (a)— 

6 (A) by inserting ‘‘or public-utility company 

7 or natural gas company (as defined in section 

8 1262 of the Public Utility Holding Company 

9 Act of 2005 (42 U.S.C. 16451))’’ after ‘‘non10 Federal public entity’’; 

11 (B) by inserting ‘‘or company’’ after ‘‘that 

12 entity’’; and 

13 (C) by adding at the end the following: 

14 ‘‘To the maximum extent practicable, the Sec15 retary shall ensure that expediting the evalua16 tion of a permit through the use of funds ac17 cepted and expended under this section does not 

18 adversely affect the timeline for evaluation (in 

19 the Corps district in which the project or activ20 ity is located) of permits under the jurisdiction 

21 of the Department of the Army of other entities 

22 that have not contributed funds under this sec23 tion.’’; and 

24 (2) by striking subsection (e). 

25 SEC. 103. ENVIRONMENTAL STREAMLINING. 

26 (a) DECLARATION OF POLICY.— 


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1 (1) IN GENERAL.—Congress declares that— 

2 (A) the benefits of water resources projects 

3 are important to the Nation’s economy and en4 vironment; 

5 (B) it is in the national interest to expedite 

6 the delivery of water resources projects; 

7 (C) it is in the national interest for Fed8 eral and State agencies, local governments, In9 dian tribes, and other entities involved in water 

10 resources projects— 

11 (i) to accelerate study completion and 

12 project delivery and to reduce costs; and 

13 (ii) to ensure that the planning, de14 sign, engineering, construction, and fund15 ing of water resources projects is done in 

16 an efficient and effective manner, pro17 moting accountability for public invest18 ments and encouraging greater local and 

19 private sector involvement in project fi20 nancing and delivery while addressing pub21 lic safety and protecting the environment; 

22 and 

23 (D) delay in the delivery of water resources 

24 studies and projects— 


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1 (i) increases project costs, flood risks, 

2 and local and Federal expenditures for 

3 emergency management and recovery; 

4 (ii) harms the economy of the United 

5 States; and 

6 (iii) impedes the shipment of goods 

7 for the conduct of commerce. 

8 (2) POLICY.—Given the declarations set forth 

9 in paragraph (1), it is the policy of the United 

10 States that— 

11 (A) recommendations to Congress regard12 ing such projects should be accelerated by co13 ordinated and efficient environmental reviews 

14 and cooperative efforts to quickly resolve dis15 putes during the development of water re16 sources projects; 

17 (B) the Secretary shall have the lead role 

18 among Federal agencies in facilitating the envi19 ronmental review process for water resources 

20 projects; 

21 (C) each Federal agency shall cooperate 

22 with the Secretary to expedite the environ23 mental review process for water resources 

24 projects; 


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1 (D) programmatic approaches shall be 

2 used if applicable to reduce the need for 

3 project-by-project reviews and decisions by Fed4 eral agencies; 

5 (E) the Secretary shall identify opportuni6 ties for non-Federal sponsors to assume respon7 sibilities of the Secretary if such responsibilities 

8 can be assumed in a manner that protects pub9 lic health and safety, the environment, and pub10 lic participation; and 

11 (F) the Assistant Secretary of the Army 

12 for Civil Works shall identify and promote the 

13 deployment of innovations aimed at reducing 

14 the time and money required to deliver water 

15 resources projects while protecting the environ16 ment. 

17 (b) STREAMLINED PROJECT DELIVERY.— 

18 (1) IN GENERAL.—Section 2045 of the Water 

19 Resources Development Act of 2007 (33 U.S.C. 

20 2348) is amended to read as follows: 

21 ‘‘SEC. 2045. STREAMLINED PROJECT DELIVERY. 

22 ‘‘(a) DEFINITIONS.—In this section, the following 

23 definitions apply: 

24 ‘‘(1) ENVIRONMENTAL IMPACT STATEMENT.— 

25 The term ‘environmental impact statement’ means 


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1 the detailed statement of environmental impacts re2 quired to be prepared pursuant to the National En3 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

4 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 project study. 

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 project 

17 study under any Federal law other than the 

18 National Environmental Policy Act of 1969 (42 

19 U.S.C. 4321 et seq.). 

20 ‘‘(3) FEDERAL JURISDICTIONAL AGENCY.—The 

21 term ‘Federal jurisdictional agency’ means a Federal 

22 agency with jurisdiction over a review, analysis, 

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

24 or decision required for a project study under appli25 cable Federal laws, including regulations. 


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1 ‘‘(4) PROJECT.—The term ‘project’ means a 

2 Corps of Engineers water resources project. 

3 ‘‘(5) PROJECT SPONSOR.—The term ‘project 

4 sponsor’ means the non-Federal interest as defined 

5 in section 221(b) of the Flood Control Act of 1970 

6 (42 U.S.C. 1962d–5b). 

7 ‘‘(6) PROJECT STUDY.—The term ‘project 

8 study’ means a feasibility study for a project carried 

9 out pursuant to section 905 of the Water Resources 

10 Development Act of 1986 (33 U.S.C. 2282). 

11 ‘‘(b) APPLICABILITY.—The procedures in this section 

12 are applicable to all project studies initiated after the date 

13 of enactment of the Water Resources Reform and Devel14 opment Act of 2013 and for which an environmental im15 pact statement is prepared under the National Environ16 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 

17 may be applied, to the extent determined appropriate by 

18 the Secretary, to other project studies initiated after such 

19 date of enactment and for which an environmental review 

20 process document is prepared under such Act. 

21 ‘‘(c) LEAD AGENCIES.— 

22 ‘‘(1) FEDERAL LEAD AGENCY.—The Corps of 

23 Engineers shall be the Federal lead agency in the 

24 environmental review process for a project study. 


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1 ‘‘(2) NON-FEDERAL PROJECT SPONSOR AS

2 JOINT LEAD AGENCY.—At the discretion of the Sec3 retary and subject to the requirements of the Na4 tional Environmental Policy Act of 1969 (42 U.S.C. 

5 4321 et seq.), a non-Federal project sponsor that is 

6 an agency defined in subsection (a)— 

7 ‘‘(A) may serve as a joint lead agency with 

8 the Corps of Engineers for purposes of pre9 paring any environmental review process docu10 ment under the National Environmental Policy 

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

12 ‘‘(B) may assist in the preparation of any 

13 such environmental review process document re14 quired under the National Environmental Pol15 icy Act of 1969 if the Secretary provides guid16 ance in the preparation process, participates in 

17 preparing the document, independently evalu18 ates that document, and approves and adopts 

19 the document before the Secretary takes any 

20 subsequent action or makes any approval based 

21 on that document. 

22 ‘‘(3) ADOPTION AND USE OF DOCUMENTS.— 

23 Any environmental review process document pre24 pared in accordance with this subsection shall be 

25 adopted and used by any Federal agency in making 


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1 any approval of a project subject to this section as 

2 the document required to be completed under the 

3 National Environmental Policy Act of 1969 (42 

4 U.S.C. 4321 et seq.) to the same extent that the 

5 Federal agency may adopt or use a document pre6 pared by another Federal agency under the National 

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

8 et seq.). 

9 ‘‘(4) ROLES AND RESPONSIBILITY OF FEDERAL

10 LEAD AGENCY.—With respect to the environmental 

11 review process for any project, the Federal lead 

12 agency shall have authority and responsibility— 

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

14 and proper, within the authority of the Federal 

15 lead agency, to facilitate the expeditious resolu16 tion of the environmental review process for the 

17 project study; and 

18 ‘‘(B) to prepare or ensure that any re19 quired environmental impact statement or other 

20 document for a project study required to be 

21 completed under the National Environmental 

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

23 completed in accordance with this section and 

24 applicable Federal law. 


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1 ‘‘(d) PARTICIPATING AND COOPERATING AGEN2 CIES.— 

3 ‘‘(1) IDENTIFICATION.—The Federal lead agen4 cy shall identify, as early as practicable in the envi5 ronmental review process for a project study, any 

6 Federal or State agency, local government, or Indian 

7 tribe that may— 

8 ‘‘(A) have jurisdiction over the project; 

9 ‘‘(B) be required by law to conduct or 

10 issue a review, analysis, opinion, or statement 

11 for the project study; or 

12 ‘‘(C) be required to make a determination 

13 on issuing a permit, license, or other approval 

14 or decision for the project study. 

15 ‘‘(2) INVITATION.— 

16 ‘‘(A) IN GENERAL.—The Federal lead 

17 agency shall invite any such agency identified 

18 under paragraph (1) to become a participating 

19 or cooperating agency in the environmental re20 view process for the project study. 

21 ‘‘(B) DEADLINE.—An invitation to partici22 pate issued under subparagraph (A) shall estab23 lish a deadline by which a response to the invi24 tation shall be submitted, which may be exVerDate Mar 15 2010 21:03 Oct 28, 2013 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H3080.PCS H3080

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1 tended by the Federal lead agency for good 

2 cause. 

3 ‘‘(3) FEDERAL COOPERATING AGENCY.—Any 

4 Federal agency that is invited by the Federal lead 

5 agency to participate in the environmental review 

6 process for a project study shall be designated as a 

7 cooperating agency by the Federal lead agency un8 less the invited agency informs the Federal lead 

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

10 invitation that the invited agency— 

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

12 respect to the project; 

13 ‘‘(B) has no expertise or information rel14 evant to the project study; and 

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

16 on the project study. 

17 ‘‘(4) EFFECT OF DESIGNATION.— 

18 ‘‘(A) REQUIREMENT.—A participating or 

19 cooperating agency shall comply with the re20 quirements of this section and any schedule es21 tablished under this section. 

22 ‘‘(B) IMPLICATION.—Designation under 

23 this subsection shall not imply that the partici24 pating or cooperating agency— 

25 ‘‘(i) supports a proposed project; or 


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1 ‘‘(ii) has any jurisdiction over, or spe2 cial expertise with respect to evaluation of, 

3 the project. 

4 ‘‘(5) CONCURRENT REVIEWS.—Each partici5 pating or cooperating agency shall— 

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

7 agency under other applicable law concurrently 

8 and in conjunction with the required environ9 mental review process unless doing so would 

10 prevent such agency from conducting needed 

11 analysis or otherwise carrying out their obliga12 tions under those other laws; and 

13 ‘‘(B) formulate and implement administra14 tive, policy, and procedural mechanisms to en15 able the agency to ensure completion of the en16 vironmental review process in a timely, coordi17 nated, and environmentally responsible manner. 

18 ‘‘(e) PROGRAMMATIC COMPLIANCE.— 

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

20 guidance regarding the use of programmatic ap21 proaches to carry out the environmental review proc22 ess that— 

23 ‘‘(A) eliminates repetitive discussions of 

24 the same issues; 


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

2 analyses at each level of review; 

3 ‘‘(C) establishes a formal process for co4 ordinating with participating and cooperating 

5 agencies, including the creation of a list of all 

6 data that is needed to carry out the environ7 mental review process; and 

8 ‘‘(D) complies with— 

9 ‘‘(i) the National Environmental Pol10 icy Act of 1969 (42 U.S.C. 4321 et seq.); 

11 and 

12 ‘‘(ii) all other applicable laws. 

13 ‘‘(2) REQUIREMENTS.—In carrying out para14 graph (1), the Secretary shall— 

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

16 under that paragraph, consult with relevant 

17 Federal and State agencies, local governments, 

18 Indian tribes, and the public on the use and 

19 scope of the programmatic approaches; 

20 ‘‘(B) emphasize the importance of collabo21 ration among relevant Federal agencies, State 

22 agencies, local governments, and Indian tribes 

23 in undertaking programmatic reviews, especially 

24 with respect to reviews with a broad geo25 graphical scope; 


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1 ‘‘(C) ensure that the programmatic re2 views— 

3 ‘‘(i) promote transparency, including 

4 of the analyses and data used in the envi5 ronmental review process, the treatment of 

6 any deferred issues raised by a Federal or 

7 State agency, local government, Indian 

8 tribe, or the public, and the temporal and 

9 special scales to be used to analyze those 

10 issues; 

11 ‘‘(ii) use accurate and timely informa12 tion in the environmental review process, 

13 including— 

14 ‘‘(I) criteria for determining the 

15 general duration of the usefulness of 

16 the review; and 

17 ‘‘(II) the timeline for updating 

18 any out-of-date review; 

19 ‘‘(iii) describe— 

20 ‘‘(I) the relationship between pro21 grammatic analysis and future tiered 

22 analysis; and 

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

24 creation of future tiered analysis; and 


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1 ‘‘(iv) are available to other relevant 

2 Federal and State agencies, local govern3 ments, Indian tribes, and the public; 

4 ‘‘(D) allow not less than 60 days of public 

5 notice and comment on any proposed guidance; 

6 and 

7 ‘‘(E) address any comments received under 

8 subparagraph (D). 

9 ‘‘(f) COORDINATED REVIEWS.— 

10 ‘‘(1) COORDINATION PLAN.— 

11 ‘‘(A) ESTABLISHMENT.—The Federal lead 

12 agency, after consultation with each partici13 pating and cooperating agency and the non14 Federal project sponsor or joint lead agency, as 

15 applicable, shall establish a plan for coordi16 nating public and agency participation in and 

17 comment on the environmental review process 

18 for a project study. 

19 ‘‘(B) INCORPORATION.—In developing the 

20 plan established under subparagraph (A), the 

21 Federal lead agency shall take under consider22 ation the scheduling requirements under section 

23 101 of the Water Resources Reform and Devel24 opment Act of 2013. 

25 ‘‘(2) SCHEDULE.— 


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1 ‘‘(A) IN GENERAL.—The Federal lead 

2 agency, after consultation with each partici3 pating and cooperating agency and the non4 Federal project sponsor or joint lead agency, as 

5 applicable, shall establish, as part of the coordi6 nation plan established in paragraph (1)(A), a 

7 schedule for completion of the environmental re8 view process for the project study. In developing 

9 the schedule, the Federal lead agency shall take 

10 under consideration the scheduling require11 ments under section 101 of the Water Re12 sources Reform and Development Act of 2013. 

13 ‘‘(B) FACTORS FOR CONSIDERATION.—In 

14 establishing the schedule, the Federal lead 

15 agency shall consider factors such as— 

16 ‘‘(i) the responsibilities of partici17 pating and cooperating agencies under ap18 plicable laws; 

19 ‘‘(ii) the resources available to the 

20 participating and cooperating agencies and 

21 the non-Federal project sponsor or joint 

22 lead agency, as applicable; 

23 ‘‘(iii) the overall size and complexity 

24 of the project; 


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1 ‘‘(iv) the overall schedule for and cost 

2 of the project; and 

3 ‘‘(v) the sensitivity of the natural and 

4 historic resources that may be affected by 

5 the project. 

6 ‘‘(C) CONSISTENCY WITH OTHER TIME PE7 RIODS.—A schedule under subparagraph (A) 

8 shall be consistent with any other relevant time 

9 periods established under Federal law. 

10 ‘‘(D) MODIFICATION.—The Federal lead 

11 agency may— 

12 ‘‘(i) lengthen a schedule established 

13 under subparagraph (A) for good cause; or 

14 ‘‘(ii) shorten a schedule only with the 

15 concurrence of the affected participating 

16 and cooperating agencies and the non-Fed17 eral project sponsor or joint lead agency, 

18 as applicable. 

19 ‘‘(E) DISSEMINATION.—A copy of a sched20 ule established under subparagraph (A) shall 

21 be— 

22 ‘‘(i) provided to each participating 

23 and cooperating agency and the non-Fed24 eral project sponsor or joint lead agency, 

25 as applicable; and 


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1 ‘‘(ii) made available to the public. 

2 ‘‘(3) COMMENT DEADLINES.—The Federal lead 

3 agency shall establish the following deadlines for 

4 comment during the environmental review process 

5 for a project study: 

6 ‘‘(A) DRAFT ENVIRONMENTAL IMPACT

7 STATEMENTS.—For comments by agencies and 

8 the public on a draft environmental impact 

9 statement, a period of not more than 60 days 

10 after such document is made publicly available, 

11 unless— 

12 ‘‘(i) a different deadline is established 

13 by agreement of the Federal lead agency, 

14 all participating and cooperating agencies, 

15 and the non-Federal project sponsor or 

16 joint lead agency, as applicable; or 

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

18 Federal lead agency for good cause. 

19 ‘‘(B) OTHER COMMENT PERIODS.—For all 

20 other comment periods established by the Fed21 eral lead agency for agency or public comments 

22 in the environmental review process, a period of 

23 not more than 30 days after the date on which 

24 the materials for which comment is requested 

25 are made available, unless— 


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1 ‘‘(i) a different deadline is established 

2 by agreement of the Federal lead agency, 

3 all participating and cooperating agencies, 

4 and the non-Federal project sponsor or 

5 joint lead agency, as applicable; or 

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

7 Federal lead agency for good cause. 

8 ‘‘(4) DEADLINES FOR DECISIONS UNDER

9 OTHER LAWS.— 

10 ‘‘(A) PRIOR APPROVAL DEADLINE.—If a 

11 participating or cooperating agency is required 

12 to make a determination regarding or otherwise 

13 approve or disapprove the project study prior to 

14 the record of decision or finding of no signifi15 cant impact, such participating or cooperating 

16 agency shall make such determination or ap17 proval not later than 30 days after the Federal 

18 lead agency publishes notice of the availability 

19 of a final environmental impact statement or 

20 other final environmental document, or not 

21 later than such other date that is otherwise re22 quired by law, whichever occurs first. 

23 ‘‘(B) OTHER DEADLINES.—With regard to 

24 any determination or approval of a partici25 pating or cooperating agency that is not subject 


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1 to subparagraph (A), each participating or co2 operating agency shall make any required deter3 mination or otherwise approve or disapprove the 

4 project study not later than 90 days after the 

5 date that the Federal lead agency approves the 

6 record of decision or finding of no significant 

7 impact for the project study, or not later than 

8 such other date that is otherwise required by 

9 law, whichever occurs first. 

10 ‘‘(C) RECORD CLOSED.—In the event that 

11 any participating or cooperating agency fails to 

12 make a determination or approve or disapprove 

13 the project study within the applicable deadline 

14 described in subparagraph (A), the Federal lead 

15 agency may close the record and find the record 

16 sufficient for the project study as it relates to 

17 such agency determination or approval. 

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

19 ‘‘(1) COOPERATION.—The Federal lead agency 

20 and participating and cooperating agencies shall 

21 work cooperatively in accordance with this section to 

22 identify and resolve issues that may delay comple23 tion of the environmental review process or result in 

24 the denial of any approval required for the project 

25 study under applicable laws. 


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1 ‘‘(2) FEDERAL LEAD AGENCY RESPONSIBIL2 ITIES.— 

3 ‘‘(A) IN GENERAL.—The Federal lead 

4 agency shall make information available to the 

5 participating and cooperating agencies as early 

6 as practicable in the environmental review proc7 ess regarding the environmental and socio8 economic resources located within the project 

9 area and the general locations of the alter10 natives under consideration. 

11 ‘‘(B) DATA SOURCES.—Such information 

12 under subparagraph (A) may be based on exist13 ing data sources, including geographic informa14 tion systems mapping. 

15 ‘‘(3) PARTICIPATING AND COOPERATING AGEN16 CY RESPONSIBILITIES.—Based on information re17 ceived from the Federal lead agency, participating 

18 and cooperating agencies shall identify, as early as 

19 practicable, any issues of concern regarding the po20 tential environmental or socioeconomic impacts of 

21 the project, including any issues that may substan22 tially delay or prevent an agency from granting a 

23 permit or other approval that is needed for the 

24 project study. 


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1 ‘‘(4) ACCELERATED ISSUE RESOLUTION AND

2 ELEVATION.— 

3 ‘‘(A) IN GENERAL.—Upon the request of a 

4 participating or cooperating agency or non-Fed5 eral project sponsor, the Secretary shall convene 

6 an issue resolution meeting with the relevant 

7 participating and cooperating agencies and the 

8 non-Federal project sponsor or joint lead agen9 cy, as applicable, to resolve issues that may— 

10 ‘‘(i) delay completion of the environ11 mental review process; or 

12 ‘‘(ii) result in denial of any approval 

13 required for the project study under appli14 cable laws. 

15 ‘‘(B) MEETING DATE.—A meeting re16 quested under this paragraph shall be held not 

17 later than 21 days after the date on which the 

18 Secretary receives the request for the meeting, 

19 unless the Secretary determines that there is 

20 good cause to extend that deadline. 

21 ‘‘(C) NOTIFICATION.—Upon receipt of a 

22 request for a meeting under this paragraph, the 

23 Secretary shall notify all relevant participating 

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1 ing the issue to be resolved and the date for the 

2 meeting. 

3 ‘‘(D) ELEVATION OF ISSUE RESOLU4 TION.—If a resolution cannot be achieved with5 in 30 days after a meeting under this para6 graph and a determination is made by the Sec7 retary that all information necessary to resolve 

8 the issue has been obtained, the Secretary shall 

9 forward the dispute to the heads of the relevant 

10 agencies for resolution. 

11 ‘‘(E) CONVENTION BY SECRETARY.—The 

12 Secretary may convene an issue resolution 

13 meeting under this subsection at any time, at 

14 the discretion of the Secretary, regardless of 

15 whether a meeting is requested under subpara16 graph (A). 

17 ‘‘(h) STREAMLINED DOCUMENTATION AND DECI18 SIONMAKING.— 

19 ‘‘(1) IN GENERAL.—The Federal lead agency in 

20 the environmental review process for a project study, 

21 in order to reduce paperwork and expedite decision22 making, shall prepare a condensed final environ23 mental impact statement under the National Envi24 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

25 seq.). 


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1 ‘‘(2) CONDENSED FORMAT.—A condensed final 

2 environmental impact statement for a project study 

3 in the environmental review process shall consist 

4 only of— 

5 ‘‘(A) an incorporation by reference of the 

6 draft environmental impact statement; 

7 ‘‘(B) any updates to specific pages or sec8 tions of the draft environmental impact state9 ment as appropriate; and 

10 ‘‘(C) responses to comments on the draft 

11 environmental impact statement and copies of 

12 the comments. 

13 ‘‘(3) TIMING OF DECISION.—Notwithstanding 

14 any other provision of law, in conducting the envi15 ronmental review process for a project study, the 

16 Federal lead agency shall combine a final environ17 mental impact statement and a record of decision 

18 for the project study into a single document if— 

19 ‘‘(A) the alternative approved in the record 

20 of decision is either a preferred alternative iden21 tified in the draft environmental impact state22 ment or is a modification of such preferred al23 ternative developed in response to comments on 

24 the draft environmental impact statement; and 


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1 ‘‘(B) the Federal lead agency has a written 

2 commitment from parties responsible for imple3 mentation of the measures applicable to the ap4 proved alternative that are identified in the 

5 final environmental impact statement that they 

6 will implement those measures. 

7 ‘‘(i) LIMITATIONS.—Nothing in this section shall pre8 empt or interfere with— 

9 ‘‘(1) any practice of seeking, considering, or re10 sponding to public comment; or 

11 ‘‘(2) any power, jurisdiction, responsibility, or 

12 authority that a Federal or State agency, local gov13 ernment, Indian tribe, or non-Federal project spon14 sor has with respect to carrying out a project study 

15 or any other provision of law applicable to a project. 

16 ‘‘(j) TIMING OF CLAIMS.— 

17 ‘‘(1) IN GENERAL.—Notwithstanding any other 

18 provision of law, a claim arising under Federal law 

19 seeking judicial review of a permit, license, or other 

20 approval issued by a Federal agency for a project 

21 study shall be barred unless it is filed not later than 

22 150 days after publication of a notice in the Federal 

23 Register announcing that the permit, license, or 

24 other approval is final pursuant to the law under 

25 which the agency action is taken, unless a shorter 


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1 time is specified in the Federal law which allows ju2 dicial review. Nothing in this subsection shall create 

3 a right to judicial review or place any limit on filing 

4 a claim that a person has violated the terms of a 

5 permit, license, or other approval. 

6 ‘‘(2) NEW INFORMATION.—The Secretary shall 

7 consider new information received after the close of 

8 a comment period if the information satisfies the re9 quirements for a supplemental environmental impact 

10 statement under title 40, Code of Federal Regula11 tions. The preparation of a supplemental environ12 mental impact statement or other environmental 

13 document when required by this section shall be con14 sidered a separate final agency action and the dead15 line for filing a claim for judicial review of such ac16 tion shall be 150 days after the date of publication 

17 of a notice in the Federal Register announcing such 

18 action. 

19 ‘‘(k) CATEGORICAL EXCLUSIONS.— 

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

21 after the date of enactment of this subsection, the 

22 Secretary shall— 

23 ‘‘(A) survey the use by the Corps of Engi24 neers of categorical exclusions in projects; 


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

2 includes a description of— 

3 ‘‘(i) the types of actions that were cat4 egorically excluded or may be the basis for 

5 developing a new categorical exclusion; and 

6 ‘‘(ii) any requests previously received 

7 by the Secretary for new categorical exclu8 sions; and 

9 ‘‘(C) solicit requests from other Federal 

10 agencies and non-Federal project sponsors for 

11 new categorical exclusions. 

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

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

14 subsection, if the Secretary identifies, based on the 

15 review under paragraph (1), a category of activities 

16 that merit establishing a categorical exclusion not in 

17 existence on the day before the date of enactment of 

18 this subsection, the Secretary shall publish a notice 

19 of proposed rulemaking to propose that new categor20 ical exclusion, to the extent that the categorical ex21 clusion meets the criteria for a categorical exclusion 

22 under section 1508.4 of title 40, Code of Federal 

23 Regulations (or successor regulation). 

24 ‘‘(l) IMPLEMENTATION GUIDANCE.—The Secretary 

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1 esses that the Secretary will use to implement this sec2 tion.’’. 

3 (2) CLERICAL AMENDMENT.—The table of con4 tents contained in section 1(b) of the Water Re5 sources Development Act of 2007 is amended by 

6 striking the item relating to section 2045 and insert7 ing the following: 

‘‘Sec. 2045. Streamlined project delivery.’’. 

8 (c) CATEGORICAL EXCLUSION IN EMERGENCIES.— 

9 For the repair, reconstruction, or rehabilitation of a water 

10 resources project that is in operation or under construc11 tion when damaged by an event or incident that results 

12 in a declaration by the President of a major disaster or 

13 emergency pursuant to the Robert T. Stafford Disaster 

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

15 seq.), the Secretary shall treat such repair, reconstruction, 

16 or rehabilitation activity as a class of action categorically 

17 excluded from the requirements relating to environmental 

18 assessments or environmental impact statements under 

19 section 1508.4 of title 40, Code of Federal Regulations, 

20 if such repair or reconstruction activity is in the same lo21 cation with the same capacity, dimensions, and design as 

22 the original water resources project as before the declara23 tion described in this section. 

24 SEC. 104. CONSOLIDATION OF STUDIES. 

25 (a) IN GENERAL.— 


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1 (1) REPEAL.—Section 905(b) of the Water Re2 sources Development Act of 1986 (33 U.S.C. 

3 2282(b)) is repealed. 

4 (2) CONFORMING AMENDMENT.—Section 

5 905(a)(1) of such Act (33 U.S.C. 2282(a)(1)) is 

6 amended by striking ‘‘perform a reconnaissance 

7 study and’’. 

8 (b) CONTENTS OF FEASIBILITY REPORTS.—Section 

9 905(a)(2) of such Act (33 U.S.C. 2282(a)(2)) is amended 

10 by adding at the end the following: ‘‘A feasibility report 

11 shall include a preliminary analysis of the Federal interest 

12 and the costs, benefits, and environmental impacts of the 

13 project.’’. 

14 (c) APPLICABILITY.—The Secretary shall continue to 

15 carry out a study for which a reconnaissance level inves16 tigation has been initiated before the date of enactment 

17 of this Act as if this section, including the amendments 

18 made by this section, had not been enacted. 

19 SEC. 105. EXPEDITED COMPLETION OF REPORTS. 

20 The Secretary shall— 

21 (1) expedite the completion of any on-going fea22 sibility study for a project initiated before the date 

23 of enactment of this Act; and 

24 (2) if the Secretary determines that the project 

25 is justified in a completed report, proceed directly to 


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1 preconstruction planning, engineering, and design of 

2 the project in accordance with section 910 of the 

3 Water Resources Development Act of 1986 (100 

4 Stat. 4189). 

5 SEC. 106. REMOVAL OF DUPLICATIVE ANALYSES. 

6 Section 911 of the Water Resources Development Act 

7 of 1986 (33 U.S.C. 2288) is repealed. 

8 SEC. 107. EXPEDITING APPROVAL OF MODIFICATIONS AND 

9 ALTERATIONS OF PROJECTS BY NON-FED10 ERAL INTERESTS. 

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

12 date of enactment of this Act, the Secretary, after pro13 viding notice and an opportunity for comment, shall estab14 lish a process for the review of section 14 applications in 

15 a timely and consistent manner. 

16 (b) SECTION 14 APPLICATION DEFINED.—In this 

17 section, the term ‘‘section 14 application’’ means an appli18 cation submitted by an applicant to the Secretary request19 ing permission for the temporary occupation or use of a 

20 public work, or the alteration or permanent occupation or 

21 use of a public work, under section 14 of the Act entitled 

22 ‘‘An Act making appropriations for the construction, re23 pair, and preservation of certain public works on rivers 

24 and harbors, and for other purposes’’, approved March 3, 


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1 1899 (commonly known as the ‘‘Rivers and Harbors Ap2 propriation Act of 1899’’) (33 U.S.C. 408). 

3 (c) BENCHMARK GOALS.— 

4 (1) ESTABLISHMENT OF BENCHMARK GOALS.— 

5 In carrying out subsection (a), the Secretary shall— 

6 (A) establish benchmark goals for deter7 mining the amount of time it should take the 

8 Secretary to determine whether a section 14 ap9 plication is complete; 

10 (B) establish benchmark goals for deter11 mining the amount of time it should take the 

12 Secretary to approve or disapprove a section 14 

13 application; and 

14 (C) to the extent practicable, use such 

15 benchmark goals to make a decision on section 

16 14 applications in a timely and consistent man17 ner. 

18 (2) BENCHMARK GOALS.— 

19 (A) BENCHMARK GOALS FOR DETER20 MINING WHETHER SECTION 14 APPLICATIONS

21 ARE COMPLETE.—To the extent practicable, the 

22 benchmark goals established under paragraph 

23 (1) shall provide that— 

24 (i) the Secretary reach a decision on 

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1 plete not later than 15 days after the date 

2 of receipt of the application; and 

3 (ii) if the Secretary determines that a 

4 section 14 application is not complete, the 

5 Secretary promptly notify the applicant of 

6 the specific information that is missing or 

7 the analysis that is needed to complete the 

8 application. 

9 (B) BENCHMARK GOALS FOR REVIEWING

10 COMPLETED APPLICATIONS.—To the extent 

11 practicable, the benchmark goals established 

12 under paragraph (1) shall provide that— 

13 (i) the Secretary generally approve or 

14 disapprove a completed section 14 applica15 tion not later than 45 days after the date 

16 of receipt of the completed application; and 

17 (ii) in a case in which the Secretary 

18 determines that additional time is needed 

19 to review a completed section 14 applica20 tion due to the type, size, cost, complexity, 

21 or impacts of the actions proposed in the 

22 application, the Secretary approve or dis23 approve the application not later than 180 

24 days after the date of receipt of the com25 pleted application. 


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1 (3) NOTICE.—In any case in which the Sec2 retary determines that it will take the Secretary 

3 more than 45 days to review a completed section 14 

4 application, the Secretary shall— 

5 (A) provide written notification to the ap6 plicant; and 

7 (B) include in the written notice a best es8 timate of the Secretary as to the amount of 

9 time required for completion of the review. 

10 (d) FAILURE TO ACHIEVE BENCHMARK GOALS.—In 

11 any case in which the Secretary fails make a decision on 

12 a section 14 application in accordance with the process 

13 established under this section, the Secretary shall provide 

14 written notice to the applicant, including a detailed de15 scription of— 

16 (1) why the Secretary failed to make a decision 

17 in accordance with such process; 

18 (2) the additional actions required before the 

19 Secretary will issue a decision; and 

20 (3) the amount of time the Secretary will re21 quire to issue a decision. 

22 (e) NOTIFICATION.— 

23 (1) SUBMISSION TO CONGRESS.—The Secretary 

24 shall provide a copy of any written notice provided 

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1 tation and Infrastructure of the House of Represent2 atives and the Committee on Environment and Pub3 lic Works of the Senate. 

4 (2) PUBLIC AVAILABILITY.—The Secretary 

5 shall maintain a publicly available database, includ6 ing on the Internet, on— 

7 (A) all section 14 applications received by 

8 the Secretary; and 

9 (B) the current status of such applications. 

10 SEC. 108. CONSTRUCTION OF PROJECTS BY NON-FEDERAL 

11 INTERESTS. 

12 (a) CONSTRUCTION OF WATER RESOURCES DEVEL13 OPMENT PROJECTS.—Section 211 of the Water Resources 

14 Development Act of 1996 (33 U.S.C. 701b–13) is amend15 ed— 

16 (1) in the section heading by striking ‘‘FLOOD

17 CONTROL’’ and inserting ‘‘WATER RESOURCES

18 DEVELOPMENT’’; and 

19 (2) by striking ‘‘flood control’’ each place it ap20 pears and inserting ‘‘water resources development’’. 

21 (b) COMPLETION OF STUDIES AND DESIGN ACTIVI22 TIES.—Section 211(c) of such Act (33 U.S.C. 701b–13(c)) 

23 is amended by striking ‘‘date of the enactment of this Act’’ 

24 and inserting ‘‘date of enactment of the Water Resources 

25 Reform and Development Act of 2013’’. 


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1 (c) AUTHORITY TO CARRY OUT IMPROVEMENTS.— 

2 Section 211(d)(1) of such Act (33 U.S.C. 701b–13(d)(1)) 

3 is amended— 

4 (1) by striking subparagraph (A)(i) and insert5 ing the following: 

6 ‘‘(i) IN GENERAL.—A non-Federal in7 terest may carry out construction for 

8 which studies and design documents are 

9 prepared under subsection (b) only if— 

10 ‘‘(I) the Secretary approves the 

11 project for construction; and 

12 ‘‘(II) the project is specifically 

13 authorized by Congress.’’; and 

14 (2) by striking subparagraph (B) and inserting 

15 the following: 

16 ‘‘(B) STUDIES AND DESIGN ACTIVITIES

17 UNDER SUBSECTION (c).—Any non-Federal in18 terest that has received from the Secretary 

19 under subsection (c) a favorable recommenda20 tion to carry out a water resources development 

21 project, or separable element thereof, based on 

22 the results of completed studies and design doc23 uments for the project or element may carry 

24 out the project or element if— 


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1 ‘‘(i) a final environmental impact 

2 statement under the National Environ3 mental Policy Act of 1969 (42 U.S.C. 

4 4321 et seq.) has been filed for the project 

5 or element; and 

6 ‘‘(ii) the project is specifically author7 ized by Congress.’’. 

8 (d) REIMBURSEMENT.—Section 211(e) of such Act 

9 (33 U.S.C. 701b–13(e)) is amended— 

10 (1) in paragraph (1)— 

11 (A) in subparagraph (B) by striking ‘‘and’’ 

12 at the end; 

13 (B) in subparagraph (C) by striking the 

14 period at the end and inserting ‘‘; and’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(D) if the project is specifically author17 ized by Congress.’’; and 

18 (2) in paragraph (6)— 

19 (A) by striking subparagraph (B) and re20 designating subparagraphs (C) and (D) as sub21 paragraphs (B) and (C), respectively; and 

22 (B) in subparagraph (B) (as so redesig23 nated)— 

24 (i) by striking ‘‘At the request’’ and 

25 inserting ‘‘In accordance with section 221 


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1 of the Flood Control Act of 1970 (42 

2 U.S.C. 1962d–5b), at the request’’; and 

3 (ii) by inserting before the period at 

4 the end the following: ‘‘, or toward the 

5 non-Federal share of any other authorized 

6 water resources development study or 

7 project of such non-Federal interest’’. 

8 (e) OTHER MATTERS.—Section 211 of such Act (33 

9 U.S.C. 701b–13) is amended by adding at the end the fol10 lowing: 

11 ‘‘(h) OPERATION AND MAINTENANCE OF NAVIGA12 TION PROJECTS.—Whenever a non-Federal interest con13 structs improvements to a harbor or inland harbor, the 

14 Secretary shall be responsible for maintenance in accord15 ance with section 101(b) of the Water Resources Develop16 ment Act of 1986 (33 U.S.C. 2211(b)) if— 

17 ‘‘(1) the Secretary determines, before construc18 tion, that the improvements, or separable elements 

19 thereof, are economically justified and environ20 mentally acceptable; 

21 ‘‘(2) the Secretary certifies that the project is 

22 constructed in accordance with applicable permits 

23 and the appropriate engineering and design stand24 ards; 


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1 ‘‘(3) the Secretary does not find that the 

2 project, or separable element thereof, is no longer 

3 economically justified or environmentally acceptable; 

4 and 

5 ‘‘(4) the project is specifically authorized by 

6 Congress. 

7 ‘‘(i) IMPLEMENTATION.—All laws and regulations 

8 that would apply to the Secretary if the Secretary were 

9 carrying out a project shall apply to the non-Federal inter10 est carrying out a project under this section. 

11 ‘‘(j) NOTIFICATION OF COMMITTEES.—The Secretary 

12 shall notify in writing the Committee on Transportation 

13 and Infrastructure of the House of Representatives and 

14 the Committee on Environment and Public Works of the 

15 Senate prior to initiation of negotiations with a non-Fed16 eral interest regarding the utilization of the authorities 

17 under this section.’’. 

18 (f) REPEALS.—The following provisions are repealed: 

19 (1) Section 204 of the Water Resources Devel20 opment Act of 1986 (33 U.S.C. 2232). 

21 (2) Section 206 of the Water Resources Devel22 opment Act of 1992 (33 U.S.C. 426i–1) and the 

23 item relating to that section in the table of contents 

24 contained in section 1(b) of that Act. 


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1 (3) Section 404 of the Water Resources Devel2 opment Act of 1990 (33 U.S.C. 2232 note; 104 

3 Stat. 4646) and the item relating to that section in 

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

5 that Act. 

6 (g) SAVING PROVISION.—Nothing in this section may 

7 be construed to affect any agreement entered into under 

8 section 204(f) of the Water Resources Development Act 

9 of 1986 (33 U.S.C. 2232(f)) before the date of enactment 

10 of this Act. 

11 SEC. 109. CONTRIBUTIONS BY NON-FEDERAL INTERESTS. 

12 (a) IN GENERAL.—Section 5 of the Act entitled ‘‘An 

13 Act authorizing the construction of certain public works 

14 on rivers and harbors for flood control, and for other pur15 poses’’, approved June 22, 1936 (33 U.S.C. 701h), is 

16 amended— 

17 (1) by striking ‘‘from States and political sub18 divisions thereof,’’ and inserting ‘‘from a non-Fed19 eral interest (as defined in section 221 of the Flood 

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

21 (2) by striking ‘‘, which includes planning and 

22 design’’; 

23 (3) by inserting ‘‘, including a project for navi24 gation on the inland waterways,’’ after ‘‘study or 

25 project’’; 


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1 (4) by striking ‘‘by States and political subdivi2 sions thereof,’’ and inserting ‘‘by a non-Federal in3 terest’’; 

4 (5) by striking ‘‘: Provided further, That the 

5 term ‘States’ means the several States, the District 

6 of Columbia, the commonwealths, territories, and 

7 possessions of the United States, and Federally rec8 ognized Indian tribes’’; and 

9 (6) by inserting ‘‘: And provided further, That 

10 the term ‘work’ means the planning, design, or con11 struction of an authorized water resources develop12 ment study or project, or the repair, restoration, or 

13 replacement of an authorized water resources devel14 opment project that has been damaged by an event 

15 or incident that results in a declaration by the Presi16 dent of a major disaster or emergency pursuant to 

17 the Robert T. Stafford Disaster Relief and Emer18 gency Assistance Act (42 U.S.C. 5121 et seq.)’’ 

19 after ‘‘contributing interests’’. 

20 (b) NOTIFICATION FOR CONTRIBUTED FUNDS.— 

21 Prior to the initiation of negotiations for accepting con22 tributed funds under section 5 of the Act entitled ‘‘An Act 

23 authorizing the construction of certain public works on 

24 rivers and harbors for flood control, and for other pur25 poses’’, approved June 22, 1936 (33 U.S.C. 701h), the 


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1 Secretary shall provide written notice to the Committee 

2 on Transportation and Infrastructure and the Committee 

3 on Appropriations of the House of Representatives and the 

4 Committee on Environment and Public Works and the 

5 Committee on Appropriations of the Senate. 

6 (c) TECHNICAL AMENDMENTS.—The following provi7 sions are repealed: 

8 (1) Section 111(b) of the Energy and Water 

9 Development and Related Agencies Appropriations 

10 Act, 2012 (125 Stat. 858). 

11 (2) Section 4 of the Act entitled ‘‘An Act mak12 ing appropriations for the construction, repair, and 

13 preservation of certain public works on rivers and 

14 harbors, and for other purposes’’, approved March 4, 

15 1915 (33 U.S.C. 560). 

16 SEC. 110. CONTRIBUTIONS BY NON-FEDERAL INTERESTS 

17 FOR MANAGEMENT OF CORPS OF ENGINEERS 

18 INLAND NAVIGATION FACILITIES. 

19 (a) IN GENERAL.—Section 225 of the Water Re20 sources Development Act of 1992 (33 U.S.C. 2328) is 

21 amended— 

22 (1) by striking the section designation and 

23 heading and inserting the following: 


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1 ‘‘SEC. 225. CONTRIBUTIONS BY NON-FEDERAL INTERESTS 

2 FOR MANAGEMENT OF CORPS OF ENGINEERS 

3 FACILITIES.’’; 

4 (2) in subsection (a) by striking ‘‘managing 

5 recreation facilities’’ and inserting ‘‘operating, main6 taining, and managing inland navigational facilities, 

7 recreational facilities,’’; and 

8 (3) in subsection (b) by striking ‘‘and manage9 ment of recreation facilities’’ and inserting ‘‘, main10 tenance, and management of inland navigation facili11 ties, recreational facilities,’’. 

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

13 contained in section 1(b) of the Water Resources Develop14 ment Act of 1992 is amended by striking the item relating 

15 to section 225 and inserting the following: 

‘‘225. Contributions by non-Federal interests for management of Corps of Engineers facilities.’’. 

16 SEC. 111. ADDITIONAL CONTRIBUTIONS BY NON-FEDERAL 

17 INTERESTS. 

18 Section 902 of the Water Resources Development Act 

19 of 1986 (33 U.S.C. 2280) is amended— 

20 (1) by striking ‘‘In order to insure’’ and insert21 ing ‘‘(a) IN GENERAL.—In order to insure’’; and 

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

23 ‘‘(b) CONTRIBUTIONS BY NON-FEDERAL INTER24 ESTS.—Notwithstanding subsection (a), in accordance 


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1 with section 5 of the Act entitled ‘An Act authorizing the 

2 construction of certain public works on rivers and harbors 

3 for flood control, and for other purposes’, approved June 

4 22, 1936 (33 U.S.C. 701h), the Secretary may accept 

5 funds from a non-Federal interest for any authorized 

6 water resources development project that has exceeded its 

7 maximum cost under subsection (a), and use such funds 

8 to carry out such project, if the use of such funds does 

9 not increase the Federal share of the cost of such 

10 project.’’. 

11 SEC. 112. CONTRIBUTIONS BY NON-FEDERAL INTERESTS 

12 PRIOR TO AUTHORIZATION OF FINAL FEASI13 BILITY REPORTS. 

14 (a) IN GENERAL.—Subject to subsection (b), a non15 Federal interest may carry out a project for which— 

16 (1) a final feasibility report has been completed; 

17 and 

18 (2) authority for the Secretary to carry out 

19 such project has not specifically been authorized by 

20 Congress. 

21 (b) CONDITIONS.—The non-Federal interest— 

22 (1) shall, before carrying out the project, obtain 

23 any permit, approval, or authorization required pur24 suant to Federal or State law; and 


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1 (2) shall carry out the project in accordance 

2 with the plan, and subject to the conditions, de3 scribed in the final feasibility report. 

4 (c) CREDIT, REIMBURSEMENT, AND FUTURE MAIN5 TENANCE.— 

6 (1) ELIGIBILITY FOR CREDIT OR REIMBURSE7 MENT.—Subject to paragraph (4), and in accordance 

8 with section 221 of the Flood Control Act of 1970 

9 (42 U.S.C. 1962d–5b), a non-Federal interest may 

10 be eligible for credit or reimbursement for the Fed11 eral share of any work carried out by the non-Fed12 eral interest under this section. 

13 (2) ELIGIBILITY FOR MAINTENANCE OF NAVI14 GATION PROJECTS.—Subject to paragraph (4), and 

15 in accordance with section 211(h) of the Water Re16 sources Development of Act of 1996 (33 U.S.C. 

17 701b–13(h), whenever a non-Federal interest con18 structs improvements to a harbor or inland harbor 

19 under this section, the Secretary shall be responsible 

20 for maintenance of such harbor. 

21 (3) LIMITATION.—Any activities carried out 

22 under this section are authorized only to the extent 

23 specifically provided for in subsequent appropria24 tions Acts. 


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1 (4) IMPLEMENTATION.—Paragraphs (1), (2), 

2 and (3) shall not apply unless— 

3 (A) all laws and regulations that would 

4 apply to the Secretary if the Secretary were 

5 carrying out the project were applied by the 

6 non-Federal interest during construction of the 

7 project; and 

8 (B) the project is subsequently specifically 

9 authorized by Congress. 

10 (5) IN-KIND CONTRIBUTIONS.—Absent a spe11 cific subsequent authorization by Congress, the non12 Federal interest shall not be reimbursed or receive 

13 credit for in-kind contributions. 

14 SEC. 113. CLARIFICATION OF IMPACTS TO OTHER FEDERAL 

15 FACILITIES. 

16 In any case where the modification or construction 

17 of a water resources development project carried out by 

18 the Secretary adversely impacts other Federal facilities, 

19 the Secretary may accept from other Federal agencies 

20 such funds as may be necessary to address the adverse 

21 impact, including by removing, relocating, or recon22 structing such facilities. 


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1 SEC. 114. CLARIFICATION OF PREVIOUSLY AUTHORIZED 

2 WORK. 

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

4 measures to improve fish species habitat within the bound5 aries and downstream of a water resources project con6 structed by the Secretary that includes a fish hatchery if 

7 the Secretary— 

8 (1) has been explicitly authorized to compensate 

9 for fish losses associated with the project; and 

10 (2) determines that the measures are— 

11 (A) feasible; 

12 (B) consistent with authorized project pur13 poses and the fish hatchery; and 

14 (C) in the public interest. 

15 (b) COST SHARING.— 

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

17 the non-Federal interest shall contribute 35 percent 

18 of the total cost of carrying out activities under this 

19 section, including the costs relating to the provision 

20 or acquisition of required land, easements, rights-of21 way, dredged material disposal areas, and reloca22 tions. 

23 (2) OPERATION AND MAINTENANCE.—The non24 Federal interest shall contribute 100 percent of the 

25 costs of operation, maintenance, replacement, repair, 


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1 and rehabilitation of the measures carried out under 

2 this section. 

3 SEC. 115. TRIBAL PARTNERSHIP PROGRAM. 

4 (a) IN GENERAL.—Section 203 of the Water Re5 sources Development Act of 2000 (33 U.S.C. 2269) is 

6 amended— 

7 (1) in subsection (d)(1)(B)— 

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

9 the following: 

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

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

12 ‘‘(ii) DETERMINATION.—Not later 

13 than 180 days after the date of enactment 

14 of the Water Resources Reform and Devel15 opment Act of 2013, the Secretary shall 

16 issue guidance on the procedures described 

17 in clause (i).’’; and 

18 (2) by striking subsection (e) and inserting the 

19 following: 

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

21 carry out activities under this section in fiscal years 2014 

22 through 2023.’’. 

23 (b) COOPERATIVE AGREEMENTS WITH INDIAN

24 TRIBES.—The Secretary may enter into a cooperative 

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1 ative of an Indian tribe) to carry out authorized activities 

2 of the Corps of Engineers to protect fish, wildlife, water 

3 quality, and cultural resources. 

4 SEC. 116. TECHNICAL CORRECTIONS. 

5 (a) LIMITATION; STATUTORY CONSTRUCTION.—Sec6 tion 221(a)(4)(E) of the Flood Control Act of 1970 (42 

7 U.S.C. 1962d–5b(a)(4)(E)) is amended by striking clause 

8 (ii) and inserting the following: 

9 ‘‘(ii) LIMITATION.—In any case in 

10 which a specific provision of law provides 

11 for a non-Federal interest to receive credit 

12 toward the non-Federal share of the cost 

13 of a study for, or construction or operation 

14 and maintenance of, a water resources 

15 project, the Secretary shall apply— 

16 ‘‘(I) the specific provision of law 

17 instead of this paragraph; or 

18 ‘‘(II) at the request of the non19 Federal interest, the specific provision 

20 of law and such provisions of this 

21 paragraph as the non-Federal interest 

22 may request. 

23 ‘‘(iii) STATUTORY CONSTRUCTION.— 

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1 strued to affect the applicability of sub2 paragraph (C).’’. 

3 (b) WATER RESOURCES PROJECT DEFINED.—Sec4 tion 221(b) of such Act (42 U.S.C. 1962d–5b(b)) is 

5 amended— 

6 (1) by moving paragraphs (1) and (2) and the 

7 matter following paragraph (2) 2 ems to the right; 

8 (2) by redesignating paragraphs (1) and (2) as 

9 subparagraphs (A) and (B), respectively; 

10 (3) by striking ‘‘(b) DEFINITION’’ and all that 

11 follows through ‘‘The term’’ and inserting the fol12 lowing: 

13 ‘‘(b) DEFINITIONS.— 

14 ‘‘(1) NON-FEDERAL INTEREST.—The term’’; 

15 and 

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

17 ‘‘(2) WATER RESOURCES PROJECT.—The term 

18 ‘water resources project’ includes projects studied, 

19 reviewed, designed, constructed, operated and main20 tained, or otherwise subject to Federal participation 

21 under the authority of the civil works program of 

22 the Secretary of the Army for the purposes of navi23 gation, flood damage reduction, ecosystem restora24 tion, hurricane and storm damage reduction, water 

25 supply, recreation, hydroelectric power, fish and 


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1 wildlife conservation, water quality, environmental 

2 infrastructure, resource protection and development, 

3 and related purposes.’’. 

4 (c) CORRECTION.—Section 221(c) of such Act (42 

5 U.S.C. 1962d–5b(c)) is amended by striking ‘‘enforcible’’ 

6 and inserting ‘‘enforceable’’. 

7 (d) FEDERAL ALLOCATION.—Section 2008(a) of the 

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

9 2340(a)) is amended by adding at the end the following: 

10 ‘‘This subsection shall apply without regard to whether the 

11 original partnership agreement was entered into before, 

12 on, or after the date of enactment of this subsection.’’. 

13 (e) IN-KIND CREDIT.—Section 221(a)(4)(C) of the 

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

15 is amended by striking ‘‘In any case’’ and all that follows 

16 through the period at the end and inserting the following: 

17 ‘‘(i) CONSTRUCTION.— 

18 ‘‘(I) IN GENERAL.—In any case 

19 in which the non-Federal interest is to 

20 receive credit under subparagraph (A) 

21 for the cost of construction carried 

22 out by the non-Federal interest before 

23 execution of a partnership agreement 

24 and that construction has not been 

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1 ment of this clause, the Secretary and 

2 the non-Federal interest shall enter 

3 into an agreement under which the 

4 non-Federal interest shall carry out 

5 such work and shall do so prior to the 

6 non-Federal interest initiating con7 struction or issuing a written notice to 

8 proceed for the construction. 

9 ‘‘(II) ELIGIBILITY.—Construc10 tion that is carried out after the exe11 cution of an agreement under sub12 clause (I) and any design activities 

13 that are required for that construc14 tion, even if the design activity is car15 ried out prior to the execution of the 

16 agreement, shall be eligible for credit. 

17 ‘‘(ii) PLANNING.— 

18 ‘‘(I) IN GENERAL.—In any case 

19 in which the non-Federal interest is to 

20 receive credit under subparagraph (A) 

21 for the cost of planning carried out by 

22 the non-Federal interest before execu23 tion of a feasibility cost sharing agree24 ment, the Secretary and the non-Fed25 eral interest shall enter into an agreeVerDate Mar 15 2010 21:03 Oct 28, 2013 Jkt 039200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H3080.PCS H3080

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1 ment under which the non-Federal in2 terest shall carry out such planning 

3 and shall do so prior to the non-Fed4 eral interest initiating that planning. 

5 ‘‘(II) ELIGIBILITY.—Planning 

6 that is carried out by the non-Federal 

7 interest after the execution of an 

8 agreement under subclause (I) shall 

9 be eligible for credit.’’. 

10 SEC. 117. WATER INFRASTRUCTURE PUBLIC-PRIVATE 

11 PARTNERSHIP PILOT PROGRAM. 

12 (a) IN GENERAL.—The Secretary shall establish a 

13 pilot program to evaluate the cost effectiveness and project 

14 delivery efficiency of allowing non-Federal interests to 

15 carry out authorized water resources development projects 

16 for coastal harbor improvement, channel improvement, in17 land navigation, flood damage reduction, aquatic eco18 system restoration, and hurricane and storm damage re19 duction. 

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

21 established under subsection (a) are— 

22 (1) to identify cost-saving project delivery alter23 natives that reduce the backlog of authorized Corps 

24 of Engineers projects; and 


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1 (2) to evaluate the technical, financial, and or2 ganizational benefits of allowing a non-Federal inter3 est to carry out and manage the design or construc4 tion (or both) of 1 or more of such projects. 

5 (c) SUBSEQUENT APPROPRIATIONS.—Any activity 

6 undertaken under this section is authorized only to the 

7 extent specifically provided for in subsequent appropria8 tions Acts. 

9 (d) ADMINISTRATION.—In carrying out the pilot pro10 gram established under subsection (a), the Secretary 

11 shall— 

12 (1) identify for inclusion in the program at 

13 least 15 projects that are authorized for construction 

14 for coastal harbor improvement, channel improve15 ment, inland navigation, flood damage reduction, or 

16 hurricane and storm damage reduction; 

17 (2) notify in writing the Committee on Trans18 portation and Infrastructure of the House of Rep19 resentatives and the Committee on Environment and 

20 Public Works of the Senate of each project identified 

21 under paragraph (1); 

22 (3) in consultation with the non-Federal inter23 est associated with each project identified under 

24 paragraph (1), develop a detailed project manage25 ment plan for the project that outlines the scope, fiVerDate Mar 15 2010 21:03 Oct 28, 2013 Jkt 039200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H3080.PCS H3080

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1 nancing, budget, design, and construction resource 

2 requirements necessary for the non-Federal interest 

3 to execute the project, or a separable element of the 

4 project; 

5 (4) at the request of the non-Federal interest 

6 associated with each project identified under para7 graph (1), enter into a project partnership agree8 ment with the non-Federal interest under which the 

9 non-Federal interest is provided full project manage10 ment control for the financing, design, or construc11 tion (or any combination thereof) of the project, or 

12 a separable element of the project, in accordance 

13 with plans approved by the Secretary; 

14 (5) following execution of a project partnership 

15 agreement under paragraph (4) and completion of 

16 all work under the agreement, issue payment, in ac17 cordance with subsection (g), to the relevant non18 Federal interest for that work; and 

19 (6) regularly monitor and audit each project 

20 carried out under the program to ensure that all ac21 tivities related to the project are carried out in com22 pliance with plans approved by the Secretary and 

23 that construction costs are reasonable. 


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1 (e) SELECTION CRITERIA.—In identifying projects 

2 under subsection (d)(1), the Secretary shall consider the 

3 extent to which the project— 

4 (1) is significant to the economy of the United 

5 States; 

6 (2) leverages Federal investment by encour7 aging non-Federal contributions to the project; 

8 (3) employs innovative project delivery and 

9 cost-saving methods; 

10 (4) received Federal funds in the past and expe11 rienced delays or missed scheduled deadlines; 

12 (5) has unobligated Corps of Engineers funding 

13 balances; and 

14 (6) has not received Federal funding for recapi15 talization and modernization since the project was 

16 authorized. 

17 (f) DETAILED PROJECT SCHEDULE.—Not later than 

18 180 days after entering into a project partnership agree19 ment under subsection (d)(4), a non-Federal interest, to 

20 the maximum extent practicable, shall submit to the Sec21 retary a detailed project schedule for the relevant project, 

22 based on estimated funding levels, that specifies deadlines 

23 for each milestone with respect to the project. 


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1 (g) PAYMENT.—Payment to the non-Federal interest 

2 for work completed pursuant to a project partnership 

3 agreement under subsection (d)(4) may be made from— 

4 (1) if applicable, the balance of the unobligated 

5 amounts appropriated for the project; 

6 (2) other amounts appropriated to the Corps of 

7 Engineers, except that the total amount transferred 

8 to the non-Federal interest may not exceed the esti9 mate of the Federal share of the cost of construc10 tion, including any required design; and 

11 (3) revenue generated by the project. 

12 (h) TECHNICAL ASSISTANCE.—At the request of a 

13 non-Federal interest participating in the pilot program es14 tablished under subsection (a), the Secretary may provide 

15 to the non-Federal interest, if the non-Federal interest 

16 contracts with and compensates the Secretary, technical 

17 assistance with respect to— 

18 (1) a study, engineering activity, or design ac19 tivity related to a project carried out by the non20 Federal interest under the program; and 

21 (2) obtaining permits necessary for such a 

22 project. 

23 (i) IDENTIFICATION OF IMPEDIMENTS.— 

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


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1 (A) except as provided in paragraph (2), 

2 identify any procedural requirements under the 

3 authority of the Secretary that impede greater 

4 use of public-private partnerships and private 

5 investment in water resources development 

6 projects; 

7 (B) develop and implement, on a project8 by-project basis, procedures and approaches 

9 that— 

10 (i) address such impediments; and 

11 (ii) protect the public interest and any 

12 public investment in water resources devel13 opment projects that involve public-private 

14 partnerships or private investment in water 

15 resources development projects; and 

16 (C) not later than 1 year after the date of 

17 enactment of this section, issue rules to carry 

18 out the procedures and approaches developed 

19 under subparagraph (B). 

20 (2) RULE OF CONSTRUCTION.—Nothing in this 

21 section may be construed to allow the Secretary to 

22 waive any requirement under— 

23 (A) sections 3141 through 3148 and sec24 tions 3701 through 3708 of title 40, United 

25 States Code; 


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1 (B) the National Environmental Policy Act 

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

3 (C) any other provision of Federal law. 

4 (j) PUBLIC BENEFIT STUDIES.— 

5 (1) IN GENERAL.—Before entering into a 

6 project partnership agreement under subsection 

7 (d)(4), the Secretary shall conduct an assessment of 

8 whether, and provide justification in writing to the 

9 Committee on Transportation and Infrastructure of 

10 the House of Representatives and the Committee on 

11 Environment and Public Works of the Senate that, 

12 the proposed agreement provides better public and 

13 financial benefits than a similar transaction using 

14 public funding or financing. 

15 (2) REQUIREMENTS.—An assessment under 

16 paragraph (1) shall— 

17 (A) be completed in a period of not more 

18 than 90 days; 

19 (B) take into consideration any supporting 

20 materials and data submitted by the relevant 

21 non-Federal interest and other stakeholders; 

22 and 

23 (C) determine whether the proposed 

24 project partnership agreement is in the public 

25 interest by determining whether the agreement 


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1 will provide public and financial benefits, in2 cluding expedited project delivery and savings 

3 for taxpayers. 

4 (k) NON-FEDERAL FUNDING.—A project carried out 

5 under the pilot program established under subsection (a) 

6 may consist of the non-Federal interest financing the non7 Federal share of the project. 

8 (l) APPLICABILITY OF FEDERAL LAW.—Any provi9 sion of Federal law that would apply to the Secretary if 

10 the Secretary were carrying out a project shall apply to 

11 a non-Federal interest carrying out a project under this 

12 section. 

13 (m) COST SHARE.—Nothing in this section affects a 

14 cost-sharing requirement under Federal law that is appli15 cable to a project carried out under the pilot program es16 tablished under subsection (a). 

17 (n) REPORT.—Not later than 3 years after the date 

18 of enactment of this Act, the Secretary shall submit to 

19 the Committee on Transportation and Infrastructure of 

20 the House of Representatives and the Committee on Envi21 ronment and Public Works of the Senate a report describ22 ing the results of the pilot program established under sub23 section (a), including any recommendations of the Sec24 retary concerning whether the program or any component 

25 of the program should be implemented on a national basis. 


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1 (o) NON-FEDERAL INTEREST DEFINED.—In this 

2 section, the term ‘‘non-Federal interest’’ includes non3 Federal government entities and private entities. 

4 SEC. 118. ANNUAL REPORT TO CONGRESS. 

5 (a) IN GENERAL.—Not later than February 1 of each 

6 year, the Secretary shall develop and submit to the Com7 mittee on Transportation and Infrastructure of the House 

8 of Representatives and the Committee on Environment 

9 and Public Works of the Senate an annual report, to be 

10 entitled ‘‘Report to Congress on Future Water Resources 

11 Development’’, that identifies the following: 

12 (1) FEASIBILITY REPORTS.—Each feasibility 

13 report that meets the criteria established in sub14 section (c)(1)(A). 

15 (2) PROPOSED FEASIBILITY STUDIES.—Any 

16 proposed feasibility study submitted to the Secretary 

17 by a non-Federal interest pursuant to subsection (b) 

18 that meets the criteria established in subsection 

19 (c)(1)(A). 

20 (3) PROPOSED MODIFICATIONS.—Any proposed 

21 modification to an authorized water resources devel22 opment project or feasibility study that meets the 

23 criteria established in subsection (c)(1)(A) that— 

24 (A) is submitted to the Secretary by a non25 Federal interest pursuant to subsection (b); or 


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1 (B) is identified by the Secretary for au2 thorization. 

3 (b) REQUESTS FOR PROPOSALS.— 

4 (1) PUBLICATION.—Not later than May 1 of 

5 each year, the Secretary shall publish in the Federal 

6 Register a notice requesting proposals from non7 Federal interests for proposed feasibility studies and 

8 proposed modifications to authorized water resources 

9 development projects and feasibility studies to be in10 cluded in the annual report. 

11 (2) DEADLINE FOR REQUESTS.—The Secretary 

12 shall include in each notice required by this sub13 section a requirement that non-Federal interests 

14 submit to the Secretary any proposals described in 

15 paragraph (1) by not later than 120 days after the 

16 date of publication of the notice in the Federal Reg17 ister in order for such proposals to be considered for 

18 inclusion in the annual report. 

19 (3) NOTIFICATION.—On the date of publication 

20 of each notice required by this subsection, the Sec21 retary shall— 

22 (A) make the notice publicly available, in23 cluding on the Internet; and 

24 (B) provide written notification of such 

25 publication to the Committee on Transportation 


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1 and Infrastructure of the House of Representa2 tives and the Committee on Environment and 

3 Public Works of the Senate. 

4 (c) CONTENTS.— 

5 (1) FEASIBILITY REPORTS, PROPOSED FEASI6 BILITY STUDIES, AND PROPOSED MODIFICATIONS.— 

7 (A) CRITERIA FOR INCLUSION IN RE8 PORT.—The Secretary shall include in the an9 nual report only those feasibility reports, pro10 posed feasibility studies, and proposed modifica11 tions to authorized water resources development 

12 projects and feasibility studies that— 

13 (i) are related to the missions and au14 thorities of the Corps of Engineers; 

15 (ii) require specific authorization by 

16 Congress in law or otherwise; 

17 (iii) are not authorized by Congress; 

18 (iv) have not been included in any 

19 previous annual report; and 

20 (v) if authorized, could be carried out 

21 by the Corps of Engineers. 

22 (B) DESCRIPTION OF BENEFITS.—For 

23 each proposed feasibility study and proposed 

24 modification to an authorized water resources 

25 development project or feasibility study included 


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1 in the annual report, the Secretary shall de2 scribe the potential benefit of the proposed fea3 sibility study or modification, including, to the 

4 extent applicable, whether the water resources 

5 development project that is the subject of the 

6 proposed feasibility study, or the proposed 

7 modification, will— 

8 (i) reduce risks to human life or pub9 lic safety or property; 

10 (ii) benefit the national economy; 

11 (iii) stimulate the creation of jobs; 

12 (iv) reduce the need for future dis13 aster relief; 

14 (v) promote the development and de15 livery of domestic energy resources; 

16 (vi) improve the competitiveness of 

17 United States exports; 

18 (vii) improve water-related transpor19 tation for interstate or international com20 merce; 

21 (viii) restore or protect, or mitigate 

22 the impacts of a water resources develop23 ment project on, the environment; or 


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1 (ix) promote the use of cost-effective 

2 and sustainable solutions to water re3 sources challenges. 

4 (2) TRANSPARENCY.—The Secretary shall in5 clude in the annual report, for each feasibility re6 port, proposed feasibility study, and proposed modi7 fication to an authorized water resources develop8 ment project or feasibility study included under 

9 paragraph (1)(A)— 

10 (A) the name of the associated non-Fed11 eral interest, including the name of any non12 Federal interest that has contributed, or is ex13 pected to contribute, a non-Federal share of the 

14 cost of— 

15 (i) the feasibility report; 

16 (ii) the proposed feasibility study; 

17 (iii) the authorized feasibility study 

18 for which the modification is proposed; or 

19 (iv) construction of— 

20 (I) the water resources develop21 ment project that is the subject of— 

22 (aa) the feasibility report; 

23 (bb) the proposed feasibility 

24 study; or 


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1 (cc) the authorized feasi2 bility study for which a modifica3 tion is proposed; or 

4 (II) the proposed modification to 

5 an authorized water resources devel6 opment project; 

7 (B) a letter or statement of support for the 

8 feasibility report, proposed feasibility study, or 

9 proposed modification to an authorized water 

10 resources development project or feasibility 

11 study from each associated non-Federal inter12 est; 

13 (C) the purpose of the feasibility report, 

14 proposed feasibility study, or proposed modi15 fication to an authorized water resources devel16 opment project or feasibility study; 

17 (D) an estimate of the Federal, non-Fed18 eral, and total costs of— 

19 (i) the proposed feasibility study, or 

20 proposed modification to an authorized 

21 feasibility study; and 

22 (ii) construction of— 

23 (I) the water resources develop24 ment project that is the subject of— 

25 (aa) the feasibility report; or 


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1 (bb) the authorized feasi2 bility study for which a modifica3 tion is proposed, with respect to 

4 the change in costs resulting 

5 from such modification; or 

6 (II) the proposed modification to 

7 an authorized water resources devel8 opment project; and 

9 (E) an estimate, to the extent practicable, 

10 of the monetary and nonmonetary benefits of— 

11 (i) the water resources development 

12 project that is the subject of— 

13 (I) the feasibility report; 

14 (II) the proposed feasibility 

15 study; or 

16 (III) the authorized feasibility 

17 study for which a modification is pro18 posed, with respect to the benefits of 

19 such modification; or 

20 (ii) the proposed modification to an 

21 authorized water resources development 

22 project. 

23 (3) CERTIFICATION.—The Secretary shall in24 clude in the annual report a certification stating 

25 that each feasibility report, proposed feasibility 


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1 study, and proposed modification to an authorized 

2 water resources development project or feasibility 

3 study included in the annual report meets the cri4 teria in paragraph (1)(A). 

5 (4) APPENDIX.—The Secretary shall include in 

6 the annual report an appendix listing the proposals 

7 submitted under subsection (b) that were not in8 cluded in the annual report under paragraph (1)(A) 

9 and a description of why the Secretary determined 

10 that those proposals did not meet the criteria for in11 clusion under such paragraph. 

12 (d) SPECIAL RULE FOR INITIAL ANNUAL REPORT.— 

13 Notwithstanding any other deadlines required by this sec14 tion, the Secretary shall— 

15 (1) not later than 30 days after the date of en16 actment of this Act, publish in the Federal Register 

17 a notice required by subsection (b)(1); 

18 (2) include in such notice a requirement that 

19 non-Federal interests submit to the Secretary any 

20 proposals described in subsection (b)(1) by not later 

21 than 90 days after the date of publication of such 

22 notice in the Federal Register in order for such pro23 posals to be considered for inclusion in the first an24 nual report developed by the Secretary under this 

25 section; and 


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1 (3) not later than 180 days after the date of 

2 enactment of this Act, submit an annual report to 

3 the Committee on Transportation and Infrastructure 

4 of the House of Representatives and the Committee 

5 on Environment and Public Works of the Senate. 

6 (e) PUBLICATION.—Upon submission of the annual 

7 report to Congress, the Secretary shall make the annual 

8 report publicly available, including through publication on 

9 the Internet. 

10 (f) DEFINITIONS.—In this section, the following defi11 nitions apply: 

12 (1) ANNUAL REPORT.—The term ‘‘annual re13 port’’ means the report required by subsection (a). 

14 (2) FEASIBILITY REPORT.—The term ‘‘feasi15 bility report’’ means a final feasibility report devel16 oped under section 905 of the Water Resources De17 velopment Act of 1986 (33 U.S.C. 2282), and in18 cludes— 

19 (A) a report described in section 105(d)(2) 

20 of such Act (33 U.S.C. 2215(d)(2)); and 

21 (B) where applicable, any associated report 

22 of the Chief of Engineers. 

23 (3) FEASIBILITY STUDY.—The term ‘‘feasibility 

24 study’’ has the meaning given that term in section 


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1 105 of the Water Resources Development Act of 

2 1986 (33 U.S.C. 2215). 

3 (4) NON-FEDERAL INTEREST.—The term ‘‘non4 Federal interest’’ has the meaning given that term 

5 in section 221 of the Flood Control Act of 1970 (42 

6 U.S.C. 1962d–5b). 

7 SEC. 119. ACTIONS TO BE TAKEN IN CONJUNCTION WITH 

8 THE PRESIDENT’S ANNUAL BUDGET SUBMIS9 SION TO CONGRESS. 

10 (a) RECOMMENDATIONS FOR CORPS OF ENGINEERS

11 CONSTRUCTION PROJECTS IN PRESIDENT’S BUDGET.— 

12 (1) IN GENERAL.—For each fiscal year, as part 

13 of the President’s annual budget submission to Con14 gress under section 1105(a) of title 31, United 

15 States Code, the President shall— 

16 (A) identify and recommend Corps of En17 gineers construction projects for which Con18 gress should provide funding at the full level 

19 authorized for the project; and 

20 (B) provide an explanation of the process 

21 used by the President in making the rec22 ommendations. 

23 (2) COVERED PERIOD.—The President shall 

24 make recommendations under paragraph (1) for the 


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1 fiscal year for which the budget submission is pre2 pared and each of the succeeding 4 fiscal years. 

3 (3) BASIS FOR MAKING RECOMMENDATIONS.— 

4 The President shall base recommendations under 

5 paragraph (1) on the assumption that 

6 $2,000,000,000 will be appropriated for Corps of 

7 Engineers construction projects for each fiscal year. 

8 (b) MISSOURI RIVER BASIN.—To assist in the 

9 prioritization of Federal activities carried out related to 

10 the project for mitigation of fish and wildlife losses, Mis11 souri River Bank Stabilization and Navigation Project, 

12 Missouri, Kansas, Iowa, and Nebraska, authorized by sec13 tion 601(a) of the Water Resources Development Act of 

14 1986 (100 Stat. 4143), and in conjunction with the Presi15 dent’s submission to Congress of a budget under section 

16 1105(a) of title 31, United States Code, the Secretary 

17 shall submit to Congress a report that provides— 

18 (1) an inventory of all Federal actions taken 

19 and a prioritization of all Federal actions planned in 

20 furtherance of the project, including an inventory of 

21 lands owned, acquired, or directly controlled by the 

22 Federal Government, and lands enrolled in federally 

23 assisted conservation programs; 


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1 (2) a description of the specific Federal actions 

2 proposed for the upcoming fiscal year in furtherance 

3 of the project; 

4 (3) an assessment of the progress made in fur5 therance of the project, including a description of 

6 how each of the actions identified under paragraph 

7 (1) have impacted such progress; and 

8 (4) an assessment of additional actions nec9 essary to achieve the results of the project. 

10 SEC. 120. HURRICANE AND STORM DAMAGE REDUCTION 

11 STUDY. 

12 As part of the study for flood and storm damage re13 duction related to natural disasters to be carried out by 

14 the Secretary under title II of division A of the Disaster 

15 Relief Appropriations Act, 2013, under the heading ‘‘De16 partment of the Army—Corps of Engineers—Civil—In17 vestigations’’ (127 Stat. 5), the Secretary shall make spe18 cific project recommendations. In making recommenda19 tions pursuant to this section, the Secretary shall consult 

20 with key stakeholders, including State, county, and city 

21 governments, and, where applicable, State and local water 

22 districts, and in the case of recommendations concerning 

23 projects that substantially affect communities served by 

24 historically Black colleges and universities, Tribal Colleges 

25 and Universities, and other minority-serving institutions, 


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1 the Secretary shall also consult with such colleges, univer2 sities, and institutions. The Secretary shall include those 

3 recommendations in the report entitled ‘‘Report to Con4 gress on Future Water Resources Development’’, devel5 oped in accordance with this Act. 

6 SEC. 121. NON-FEDERAL PLANS TO PROVIDE ADDITIONAL 

7 FLOOD RISK REDUCTION. 

8 (a) IN GENERAL.—If requested by a non-Federal in9 terest, the Secretary shall carry out a locally preferred 

10 plan that provides a higher level of protection than a flood 

11 risk management project authorized under this Act if the 

12 Secretary determines that— 

13 (1) the plan is technically feasible and environ14 mentally acceptable; and 

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

16 the plan. 

17 (b) NON-FEDERAL COSTS.—If the Secretary carries 

18 out a locally preferred plan under subsection (a), the cost 

19 attributable to the higher level of protection provided 

20 under the plan shall be paid by the non-Federal interest. 

21 SEC. 122. REVIEW OF EMERGENCY RESPONSE AUTHORI22 TIES. 

23 (a) IN GENERAL.—The Secretary shall undertake a 

24 review of implementation of section 5 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), to evaluate the alternatives available to the Sec4 retary to ensure— 

5 (1) the safety of affected communities to future 

6 flooding and storm events; 

7 (2) the resiliency of water resources develop8 ment projects to future flooding and storm events; 

9 (3) the long-term cost effectiveness of water re10 sources development projects that provide flood con11 trol and hurricane and storm damage reduction ben12 efits; and 

13 (4) the policy goals and objectives that have 

14 been outlined by the President as a response to re15 cent extreme weather events, including Hurricane 

16 Sandy, that relate to preparing for future floods are 

17 met. 

18 (b) SCOPE OF REVIEW.—In carrying out the review, 

19 the Secretary shall— 

20 (1) review the historical precedents and imple21 mentation of section 5 of such Act, including those 

22 actions undertaken by the Secretary, over time, 

23 under that section— 

24 (A) to repair or restore a project; and 


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1 (B) to increase the level of protection for 

2 a damaged project to address future conditions; 

3 (2) evaluate the difference between adopting, as 

4 an appropriate standard under section 5 of such 

5 Act, the repair or restoration of a project to pre6 flood or pre-storm levels and the repair or restora7 tion of a project to a design level of protection, in8 cluding an assessment for each standard of— 

9 (A) the implications on populations at risk 

10 of flooding or damage; 

11 (B) the implications on probability of loss 

12 of life; 

13 (C) the implications on property values at 

14 risk of flooding or damage; 

15 (D) the implications on probability of in16 creased property damage and associated costs; 

17 (E) the implications on local and regional 

18 economies; and 

19 (F) the estimated total cost and estimated 

20 cost savings; 

21 (3) review and evaluate the historic and poten22 tial uses, and economic feasibility for the life of the 

23 project, of nonstructural alternatives, including nat24 ural features such as dunes, coastal wetlands, 

25 floodplains, marshes, and mangroves, to reduce the 


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1 damage caused by floods, storm surges, winds, and 

2 other aspects of extreme weather events, and to in3 crease the resiliency and long-term cost-effectiveness 

4 of water resources development projects; 

5 (4) incorporate the science on expected rates of 

6 sea-level rise and extreme weather events; and 

7 (5) incorporate the work completed by the Hur8 ricane Sandy Rebuilding Task Force, established by 

9 Executive Order No. 13632 (December 7, 2012). 

10 (c) REPORT TO CONGRESS.—Not later than 1 year 

11 after the date of enactment of this section, the Secretary 

12 shall submit to the Committee on Transportation and In13 frastructure of the House of Representatives and the Com14 mittee on Environment and Public Works of the Senate 

15 a report on the results of the review. 

16 SEC. 123. EMERGENCY COMMUNICATION OF RISK. 

17 (a) IN GENERAL.—In any river basin where the Sec18 retary carries out flood risk management activities subject 

19 to an annual operating plan, the Secretary shall establish 

20 procedures for providing the public and affected govern21 ments, including Indian tribes, in the river basin with— 

22 (1) timely information regarding expected water 

23 levels; 

24 (2) advice regarding appropriate preparedness 

25 actions; 


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1 (3) technical assistance; and 

2 (4) any other information or assistance deter3 mined appropriate by the Secretary. 

4 (b) PUBLIC AVAILABILITY OF INFORMATION.—To 

5 the maximum extent practicable, the Secretary, in coordi6 nation with the Administrator of the Federal Emergency 

7 Management Agency, shall make the information required 

8 under subsection (a) available to the public through widely 

9 used and readily available means, including on the Inter10 net. 

11 (c) PROCEDURES.—The Secretary shall utilize the 

12 procedures only when precipitation or runoff exceeds those 

13 calculations considered as the lowest risk to life and prop14 erty contemplated by the annual operating plan. 

15 (d) DEFINITIONS.—In this section, the following defi16 nitions apply: 

17 (1) AFFECTED GOVERNMENT.—The term ‘‘af18 fected government’’ means a State, local, or tribal 

19 government with jurisdiction over an area that will 

20 be affected by a flood. 

21 (2) ANNUAL OPERATING PLAN.—The term ‘‘an22 nual operating plan’’ means a plan prepared by the 

23 Secretary that describes potential water condition 

24 scenarios for a river basin for a year. 


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1 SEC. 124. IMPROVEMENTS TO THE NATIONAL DAM SAFETY 

2 PROGRAM ACT. 

3 (a) ADMINISTRATOR.— 

4 (1) IN GENERAL.—The National Dam Safety 

5 Program Act (33 U.S.C. 467 et seq.) is amended by 

6 striking ‘‘Director’’ each place it appears and insert7 ing ‘‘Administrator’’. 

8 (2) CONFORMING AMENDMENT.—Section 2(3) 

9 of such Act (33 U.S.C. 467(3)) is amended in the 

10 paragraph heading by striking ‘‘DIRECTOR’’ and in11 serting ‘‘ADMINISTRATOR’’. 

12 (b) INSPECTION OF DAMS.—Section 3(b)(1) of such 

13 Act (33 U.S.C. 467a(b)(1)) is amended by striking ‘‘or 

14 maintenance’’ and inserting ‘‘maintenance, condition, or 

15 provision for emergency operations’’. 

16 (c) NATIONAL DAM SAFETY PROGRAM.— 

17 (1) OBJECTIVES.—Section 8(c)(4) of such Act 

18 (33 U.S.C. 467f(c)(4)) is amended to read as fol19 lows: 

20 ‘‘(4) develop and implement a comprehensive 

21 dam safety hazard education and public awareness 

22 initiative to assist the public in mitigating against, 

23 preparing for, responding to, and recovering from 

24 dam incidents;’’. 

25 (2) BOARD.—Section 8(f)(4) of such Act (33 

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1 resentatives from nongovernmental organizations,’’ 

2 after ‘‘State agencies’’. 

3 SEC. 125. RESTRICTED AREAS AT CORPS OF ENGINEERS 

4 DAMS. 

5 Section 2 of the Freedom to Fish Act (Public Law 

6 113–13; 127 Stat. 449) is amended— 

7 (1) in subsection (b)(1) by striking ‘‘until the 

8 date that is 2 years after the date of enactment of 

9 this Act’’; 

10 (2) in the heading of subsection (c) by inserting 

11 ‘‘OR MODIFIED’’ after ‘‘NEW’’; and 

12 (3) in subsection (c)— 

13 (A) in matter preceding paragraph (1) by 

14 inserting ‘‘new or modified’’ after ‘‘establishes 

15 any’’; and 

16 (B) in paragraph (3) by striking ‘‘until the 

17 date that is 2 years after the date of enactment 

18 of this Act’’ and inserting ‘‘until the Secretary 

19 has complied with the provisions of this sub20 section’’. 

21 SEC. 126. LEVEE SAFETY. 

22 Section 22 of the Water Resources Development Act 

23 of 1974 (42 U.S.C. 1962d–16) is amended by redesig24 nating subsection (e) as subsection (f) and inserting after 

25 subsection (d) the following: 


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1 ‘‘(e) LEVEE SAFETY.— 

2 ‘‘(1) IN GENERAL.—At the request of a State 

3 or political subdivision thereof, and in consultation 

4 with that State and appropriate non-Federal inter5 ests, the Secretary may provide technical assistance 

6 to a State to— 

7 ‘‘(A) encourage effective State or local pro8 grams intended to ensure levee safety to protect 

9 human life and property; 

10 ‘‘(B) assist the State or political subdivi11 sion in establishing and carrying out a levee 

12 safety program; or 

13 ‘‘(C) improve an existing State or local 

14 levee safety program. 

15 ‘‘(2) PURPOSES.—The purposes of technical as16 sistance provided under this subsection shall be— 

17 ‘‘(A) to ensure that human lives and prop18 erty that are protected by new and existing lev19 ees are safe; 

20 ‘‘(B) to encourage the use of appropriate 

21 engineering policies and procedures for levee 

22 site investigation, design, construction, oper23 ation and maintenance, and emergency pre24 paredness; 


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1 ‘‘(C) to encourage effective levee safety 

2 programs in a State; 

3 ‘‘(D) to develop and support public edu4 cation and awareness projects to increase public 

5 acceptance and support of levee safety pro6 grams; 

7 ‘‘(E) to build public awareness of the re8 sidual risks associated with living in levee pro9 tected areas; and 

10 ‘‘(F) to develop technical assistance mate11 rials, seminars, and guidelines to improve the 

12 security of levees in the United States. 

13 ‘‘(3) FEDERAL GUIDELINES.— 

14 ‘‘(A) IN GENERAL.—In carrying out this 

15 subsection, the Secretary, in consultation with 

16 States and non-Federal interests, shall establish 

17 Federal guidelines relating to levee safety. 

18 ‘‘(B) INCORPORATION OF FEDERAL ACTIVI19 TIES.—The guidelines established under sub20 paragraph (A) shall encompass, to the max21 imum extent practicable, activities and practices 

22 carried out by appropriate Federal agencies. 

23 ‘‘(C) INCORPORATION OF STATE AND

24 LOCAL ACTIVITIES.—The guidelines established 


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1 under subparagraph (A) shall encompass, to the 

2 maximum extent practicable— 

3 ‘‘(i) the activities and practices car4 ried out by States, local governments, and 

5 the private sector to safely build, regulate, 

6 operate, and maintain levees; and 

7 ‘‘(ii) Federal activities that facilitate 

8 State efforts to develop and implement ef9 fective State programs for the safety of 

10 levees, including levee inspection, levee re11 habilitation, locally developed flood plain 

12 management, and public education and 

13 training programs. 

14 ‘‘(D) REVIEW.—The Secretary shall allow 

15 States and non-Federal interests, including ap16 propriate stakeholders, to review and comment 

17 on the guidelines established under subpara18 graph (A) before the guidelines are made final. 

19 ‘‘(4) ASSISTANCE FOR STATE LEVEE SAFETY

20 PROGRAMS.— 

21 ‘‘(A) ELIGIBILITY.—To be eligible for tech22 nical assistance under this subsection, a State 

23 shall— 

24 ‘‘(i) be in the process of establishing 

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1 gram under which a State levee safety 

2 agency, in accordance with State law, car3 ries out the guidelines established under 

4 paragraph (3); and 

5 ‘‘(ii) allocate sufficient funds in the 

6 budget of that State to carry out such 

7 State levee safety program. 

8 ‘‘(B) WORK PLANS.—The Secretary shall 

9 enter into an agreement with each State receiv10 ing technical assistance under this subsection to 

11 develop a work plan necessary for the State 

12 levee safety program of that State to reach a 

13 level of program performance that meets the 

14 guidelines established under paragraph (3). 

15 ‘‘(C) INSPECTION PROGRAMS.—The Sec16 retary shall work with States receiving technical 

17 assistance under this subsection to develop 

18 State technical guidelines for levee inspection 

19 programs that— 

20 ‘‘(i) address hazard classifications and 

21 technically based frameworks for levee as22 sessment; and 

23 ‘‘(ii) are incorporated into State levee 

24 safety programs. 


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1 ‘‘(D) MAINTENANCE OF EFFORT.—Tech2 nical assistance may not be provided to a State 

3 under this subsection during a fiscal year unless 

4 the State enters into an agreement with the 

5 Secretary to ensure that the State will maintain 

6 during that fiscal year aggregate expenditures 

7 for programs to ensure levee safety that are at 

8 or above the average annual level of such ex9 penditures for the State for the 2 fiscal years 

10 preceding that fiscal year.’’. 

11 SEC. 127. VEGETATION ON LEVEES. 

12 (a) REVIEW.—The Secretary of the Army, in accord13 ance with subsection (c), shall undertake a comprehensive 

14 review of the Corps of Engineers policy guidelines on vege15 tation management for levees (in this section referred to 

16 as the ‘‘guidelines’’). The Secretary shall commence the 

17 review upon the date of enactment of this Act. 

18 (b) FACTORS.— 

19 (1) IN GENERAL.—In conducting the review, 

20 the Secretary shall examine the guidelines in view 

21 of— 

22 (A) the varied interests and responsibilities 

23 in managing flood risks, including the need to 

24 provide the greatest levee safety benefit with 

25 limited resources; 


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1 (B) preserving, protecting, and enhancing 

2 natural resources, including the potential ben3 efit that vegetation on levees can have in pro4 viding habitat for species of concern; 

5 (C) protecting the rights of Indian tribes 

6 pursuant to treaties and statutes; 

7 (D) determining how vegetation impacts 

8 the performance of a levee or levee system dur9 ing a storm or flood event; and 

10 (E) such other factors as the Secretary 

11 considers appropriate. 

12 (2) REGIONAL AND WATERSHED CONSIDER13 ATIONS.—In conducting the review, the Secretary 

14 shall specifically consider factors that promote and 

15 allow for consideration of potential variances from 

16 national guidelines on a regional or watershed basis. 

17 Such factors may include regional or watershed soil 

18 conditions, hydrologic factors, vegetation patterns 

19 and characteristics, environmental resources, levee 

20 performance history, institutional considerations, 

21 and other relevant factors. The scope of a variance 

22 approved by the Secretary may include an exemption 

23 to national guidelines where appropriate. 

24 (c) COOPERATION AND RECOMMENDATIONS.— 


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1 (1) IN GENERAL.—The review shall be under2 taken in cooperation with interested Federal agen3 cies and in consultation with interested representa4 tives of State and local governments, Indian tribes, 

5 appropriate nongovernmental organizations, and the 

6 public. 

7 (2) RECOMMENDATIONS.—Corps of Engineers 

8 Regional Integration Teams, representing districts, 

9 divisions, and headquarters, in consultation with 

10 State and Federal resources agencies, and with par11 ticipation by local agencies, shall recommend to the 

12 Secretary vegetation management policies for levees 

13 that conform with State and Federal laws and other 

14 applicable requirements. 

15 (d) REVISION OF GUIDELINES.— 

16 (1) IN GENERAL.—During the 1-year period be17 ginning on the date of enactment of this Act, the 

18 Secretary shall— 

19 (A) provide the public 30 days to review 

20 and comment on the guidelines; 

21 (B) revise the guidelines based on consid22 eration of the results of the public review; and 

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1 retary and a description of the findings of the 

2 Secretary under this section. 

3 (2) CONTENT; INCORPORATION INTO MAN4 UAL.—The revised guidelines shall— 

5 (A) provide a practical process for approv6 ing regional or watershed variances from the 

7 national guidelines, reflecting due consideration 

8 of measures to maximize public safety benefits 

9 with limited resources, levee performance, re10 gional climatic and hydrologic variations, envi11 ronmental quality, implementation challenges, 

12 and allocation of responsibilities; and 

13 (B) be incorporated into the manual pro14 posed under section 5(c) of the Act entitled ‘‘An 

15 Act authorizing the construction of certain pub16 lic works on rivers and harbors for flood con17 trol, and for other purposes’’, approved August 

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

19 (e) CONTINUATION OF WORK.—Concurrent with 

20 completion of the requirements of this section, the Sec21 retary shall proceed without interruption or delay with 

22 those ongoing or programmed projects and studies, or ele23 ments of projects or studies, that are not directly related 

24 to vegetation variance policy. 


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1 (f) INTERIM RULE.—Until the date on which revi2 sions to the guidelines are adopted under this section, the 

3 Secretary shall not require the removal of existing vegeta4 tion as a condition or requirement for any approval or 

5 funding of a project, or any other action, unless the spe6 cific vegetation has been demonstrated to present an unac7 ceptable safety risk. 

8 SEC. 128. REDUCTION OF FEDERAL COSTS. 

9 Section 204(a) of the Water Resources Development 

10 Act of 1992 (33 U.S.C. 2326(a)) is amended by adding 

11 at the end the following: 

12 ‘‘(4) REDUCING COSTS.—To reduce or avoid 

13 Federal costs, the Secretary shall consider the bene14 ficial use of dredged material in a manner that con15 tributes to the maintenance of sediment resources in 

16 the nearby coastal system.’’. 

17 SEC. 129. ADVANCED MODELING TECHNOLOGIES. 

18 (a) IN GENERAL.—To the greatest extent practicable, 

19 the Secretary shall encourage and incorporate advanced 

20 modeling technologies, including 3-dimensional digital 

21 modeling, for activities related to water resources develop22 ment projects and studies. 

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

24 Secretary, to the greatest extent practicable, shall— 


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1 (1) compile information related to advanced 

2 modeling technologies, including industry best prac3 tices with respect to the use of the technologies; 

4 (2) disseminate to non-Federal interests the in5 formation described in paragraph (1); and 

6 (3) promote the use of advanced modeling tech7 nologies. 

8 (c) ADVANCED MODELING TECHNOLOGY DE9 FINED.—In this section, the term ‘‘advanced modeling 

10 technology’’ means an available or developing technology, 

11 including 3-dimensional digital modeling, that can expe12 dite project delivery for or improve the evaluation of water 

13 resources development projects that receive Federal fund14 ing by— 

15 (1) accelerating and improving the environ16 mental review process; 

17 (2) increasing effective public participation; 

18 (3) enhancing the detail and accuracy of project 

19 designs; 

20 (4) increasing safety; 

21 (5) accelerating construction and reducing con22 struction costs; or 

23 (6) otherwise achieving such purposes. 


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1 SEC. 130. ENHANCED USE OF ELECTRONIC COMMERCE IN 

2 FEDERAL PROCUREMENT. 

3 (a) REPORT.—Not later than 180 days after the date 

4 of enactment of this Act, the Secretary shall submit to 

5 the Committee on Transportation and Infrastructure of 

6 the House of Representatives and the Committee on Envi7 ronment and Public Works of the Senate a report describ8 ing the Secretary’s actions to carry out section 2301 of 

9 title 41, United States Code, regarding the use of elec10 tronic commerce in Federal procurement. 

11 (b) CONTENTS.—The report submitted under sub12 section (a) shall include, with respect to the 2 fiscal years 

13 most recently ended before the fiscal year in which the 

14 report is submitted— 

15 (1) an identification of the number, type, and 

16 dollar value of procurement solicitations with respect 

17 to which the public was permitted to respond to the 

18 solicitation electronically, which shall differentiate 

19 between solicitations that allowed full or partial elec20 tronic submission; 

21 (2) an analysis of the information provided 

22 under paragraph (1) and actions that could be taken 

23 by the Secretary to refine and improve the use of 

24 electronic submission for procurement solicitation re25 sponses; 


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

2 obstacles to implementing fuller use of electronic 

3 submission for procurement solicitation responses, 

4 including with respect to cost savings, error reduc5 tion, paperwork reduction, increased bidder partici6 pation, and competition, and expanded use of elec7 tronic bid data collection for cost-effective contract 

8 management and timely reporting; and 

9 (4) an analysis of the options and technologies 

10 available to facilitate expanded implementation of 

11 electronic submission for procurement solicitation re12 sponses and the suitability of each option and tech13 nology for contracts of various types and sizes. 

14 SEC. 131. CORROSION PREVENTION. 

15 (a) IN GENERAL.—To the greatest extent practicable, 

16 the Secretary shall encourage and incorporate corrosion 

17 prevention activities at water resources development 

18 projects. 

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

20 Secretary, to the greatest extent practicable, shall ensure 

21 that contractors performing work for water resources de22 velopment projects— 

23 (1) use best practices to carry out corrosion 

24 prevention activities in the field; 


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1 (2) use industry recognized standards and cor2 rosion mitigation and prevention methods when— 

3 (A) determining protective coatings; 

4 (B) selecting materials; and 

5 (C) determining methods of cathodic pro6 tection, design, and engineering for corrosion 

7 prevention; 

8 (3) use certified coating application specialists 

9 and cathodic protection technicians and engineers; 

10 (4) use best practices in environmental protec11 tion to prevent environmental degradation, and to 

12 ensure careful handling of all hazardous materials; 

13 (5) demonstrate a history of employing indus14 try-certified inspectors to ensure adherence to best 

15 practices and standards; and 

16 (6) demonstrate a history of compliance with 

17 applicable requirements of the Occupational Safety 

18 and Health Administration. 

19 (c) CORROSION PREVENTION ACTIVITIES DE20 FINED.—In this section, the term ‘‘corrosion prevention 

21 activities’’ means— 

22 (1) the application and inspection of protective 

23 coatings for complex work involving steel and cemen24 titious structures, including structures that will be 

25 exposed in immersion; 


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

2 cathodic protection systems; and 

3 (3) any other activities related to corrosion pre4 vention the Secretary determines appropriate. 

5 SEC. 132. RESILIENT CONSTRUCTION AND USE OF INNOVA6 TIVE MATERIALS. 

7 The Secretary, to the extent practicable, shall encour8 age the use of durable, resilient, and sustainable materials 

9 and practices, including the use of geosynthetic materials, 

10 advanced composites, and innovative technologies, in car11 rying out the activities of the Corps of Engineers. 

12 SEC. 133. ASSESSMENT OF WATER SUPPLY IN ARID RE13 GIONS. 

14 (a) IN GENERAL.—The Secretary shall conduct an 

15 assessment of the management practices, priorities, and 

16 authorized purposes at Corps of Engineers reservoirs in 

17 arid regions to determine the effects of such practices, pri18 orities, and purposes on water supply during periods of 

19 drought. 

20 (b) REPORT.—Not later than 1 year after the date 

21 of enactment of this Act, the Secretary shall submit to 

22 the Committee on Transportation and Infrastructure of 

23 the House of Representatives and the Committee on Envi24 ronment and Public Works of the Senate a report on the 

25 results of the assessment. 


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1 SEC. 134. RIVER BASIN COMMISSIONS. 

2 Section 5019 of the Water Resources Development 

3 Act of 2007 (121 Stat. 1201) is amended by adding at 

4 the end the following: 

5 ‘‘(f) REPORT.—After each fiscal year, if the Secretary 

6 did not allocate funds in accordance with subsection (b), 

7 the Secretary, in conjunction with the President’s next 

8 submission to Congress of a budget under section 1105(a) 

9 of title 31, United States Code, shall submit to Congress 

10 a report that describes— 

11 ‘‘(1) the reasons why the Secretary did not allo12 cate funds in accordance with subsection (b) during 

13 that fiscal year; and 

14 ‘‘(2) the impact, on the jurisdiction of each 

15 Commission specified in subsection (b), of not allo16 cating the funds, including with respect to— 

17 ‘‘(A) water supply allocation; 

18 ‘‘(B) water quality protection; 

19 ‘‘(C) regulatory review and permitting; 

20 ‘‘(D) water conservation; 

21 ‘‘(E) watershed planning; 

22 ‘‘(F) drought management; 

23 ‘‘(G) flood loss reduction; 

24 ‘‘(H) recreation; and 

25 ‘‘(I) energy development.’’. 


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1 SEC. 135. SENSE OF CONGRESS REGARDING WATER RE2 SOURCES DEVELOPMENT BILLS. 

3 (a) FINDINGS.—Congress finds the following: 

4 (1) Between 1986 and 2000, a water resources 

5 development bill was typically enacted every 2 years. 

6 (2) Since 2000, only 1 water resources develop7 ment bill has been enacted. 

8 (b) SENSE OF CONGRESS.—It is the sense of Con9 gress that, because the missions of the Corps of Engineers 

10 are unique and benefit all individuals in the United States 

11 and because water resources development projects are crit12 ical to maintaining economic prosperity, national security, 

13 and environmental protection, Congress should consider a 

14 water resources development bill not less than once every 

15 Congress. 

16 SEC. 136. DONALD G. WALDON LOCK AND DAM. 

17 It is the sense of Congress that, at an appropriate 

18 time and in accordance with the rules of the House of Rep19 resentatives and the Senate, to recognize the contributions 

20 of Donald G. Waldon, whose selfless determination and 

21 tireless work, while serving as administrator of the Ten22 nessee-Tombigbee Waterway for 21 years, contributed 

23 greatly to the realization and success of the Tennessee24 Tombigbee Waterway Development Compact, that the lock 

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1 Tombigbee Waterway should be known and designated as 

2 the ‘‘Donald G. Waldon Lock and Dam’’. 

3 SEC. 137. AQUATIC INVASIVE SPECIES. 

4 Section 104(a) of the River and Harbor Act of 1958 

5 (33 U.S.C. 610(a)) is amended by inserting ‘‘and aquatic 

6 invasive species’’ after ‘‘noxious aquatic plant growths’’. 

7 SEC. 138. RECREATIONAL ACCESS. 

8 (a) IN GENERAL.—The Secretary may not prohibit 

9 the use of a floating cabin on waters under the jurisdiction 

10 of the Secretary if— 

11 (1) the floating cabin is in compliance regula12 tions for recreational vessels issued under chapter 43 

13 of title 46, United States Code, and section 312 of 

14 the Federal Water Pollution Control Act (33 U.S.C. 

15 1322); and 

16 (2) the Secretary has authorized the use of rec17 reational vessels on such waters. 

18 (b) FLOATING CABIN DEFINED.—In this section, the 

19 term ‘‘floating cabin’’ means a vessel, as defined in section 

20 3 of title 1, United States Code, with overnight accom21 modations. 

22 SEC. 139. TERRITORIES OF THE UNITED STATES. 

23 Section 1156 of the Water Resources Development 

24 Act of 1986 (33 U.S.C. 2310) is amended— 


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

2 inserting ‘‘(a) IN GENERAL.—The Secretary shall 

3 waive’’; 

4 (2) in subsection (a), as so designated, by in5 serting ‘‘Puerto Rico,’’ before ‘‘and the Trust Terri6 tory of the Pacific Islands’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(b) INFLATION ADJUSTMENT.—The Secretary shall 

9 adjust the dollar amount specified in subsection (a) for 

10 inflation for the period beginning on November 17, 1986, 

11 and ending on the date of enactment of this subsection.’’. 

12 SEC. 140. SENSE OF CONGRESS REGARDING INTERSTATE 

13 WATER AGREEMENTS AND COMPACTS. 

14 (a) FINDINGS.—Congress finds the following: 

15 (1) States and local interests have primary re16 sponsibility for developing water supplies for domes17 tic, municipal, industrial, and other purposes. 

18 (2) The Federal Government cooperates with 

19 States and local interests in developing water sup20 plies through the construction, maintenance, and op21 eration of Federal water resources development 

22 projects. 

23 (3) Interstate water disputes are most properly 

24 addressed through interstate water agreements or 


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1 compacts that take into consideration the concerns 

2 of all affected States. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that— 

5 (1) Congress and the Secretary should urge 

6 States to reach agreement on interstate water agree7 ments and compacts; 

8 (2) at the request of the Governor of a State, 

9 the Secretary should facilitate and assist in the de10 velopment of an interstate water agreement or com11 pact; 

12 (3) Congress should provide prompt consider13 ation of interstate water agreements and compacts; 

14 and 

15 (4) the Secretary should adopt policies and im16 plement procedures for the operation of reservoirs of 

17 the Corps of Engineers that are consistent with 

18 interstate water agreements and compacts. 

19 SEC. 141. REPORT ON SURFACE ELEVATIONS AT DROUGHT 

20 EFFECTED LAKES. 

21 (a) ASSESSMENT.— 

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

23 after the date of enactment of this Act, the Sec24 retary, in coordination with the FERC, shall initiate 

25 an assessment of the effects of drought conditions 


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1 on lakes managed by the Secretary that are affected 

2 by FERC-licensed reservoirs, which shall include an 

3 assessment of— 

4 (A) lake levels and rule curves in areas of 

5 previous, current, and prolonged drought; and 

6 (B) the effect the long-term FERC licenses 

7 have on the Secretary’s ability to manage lakes 

8 for hydropower generation, navigation, flood 

9 protection, water supply, fish and wildlife, and 

10 recreation. 

11 (2) REPORT.—The Secretary, in coordination 

12 with the FERC, shall submit to Congress a report 

13 on the assessment carried out under paragraph (1). 

14 SEC. 142. FUTURE WATER SUPPLY. 

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

16 U.S.C. 390b) is amended— 

17 (1) by redesignating subsections (c) and (d) as 

18 subsections (d) and (e), respectively; and 

19 (2) by inserting after subsection (b) the fol20 lowing: 

21 ‘‘(c) ESTABLISHMENT OF 10-YEAR PLANS FOR THE

22 UTILIZATION OF FUTURE STORAGE.— 

23 ‘‘(1) IN GENERAL.—Beginning 180 days after 

24 the date of enactment of this subsection and not 

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1 cept from an interested State or local interest a sub2 mission of a plan for the utilization of future use 

3 water storage under this Act. 

4 ‘‘(2) CONTENTS.—A plan submitted under 

5 paragraph (1) shall include— 

6 ‘‘(A) a 10-year timetable for conversion of 

7 future use storage to present use; and 

8 ‘‘(B) a schedule of actions that the State 

9 or local interest agrees to carry out over a 10- 

10 year period, in cooperation with the Corps of 

11 Engineers, to seek new and alternative users of 

12 future water storage that is contracted to the 

13 State or local interest on the date of enactment 

14 of this subsection.’’. 

15 SEC. 143. CONGRESSIONAL CONSENT FOR NEW PROJECT 

16 PURPOSES. 

17 Nothing in this Act authorizes the Secretary to carry 

18 out, at a Corps of Engineers dam or reservoir, any project 

19 for a purpose not otherwise authorized as of the date of 

20 enactment of this Act. 


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1 SEC. 144. MULTIAGENCY EFFORT TO SLOW THE SPREAD OF 

2 ASIAN CARP IN THE UPPER MISSISSIPPI 

3 RIVER AND OHIO RIVER BASINS AND TRIBU4 TARIES. 

5 (a) MULTIAGENCY EFFORT TO SLOW THE SPREAD

6 OF ASIAN CARP IN THE UPPER MISSISSIPPI AND OHIO

7 RIVER BASINS AND TRIBUTARIES.— 

8 (1) IN GENERAL.—The Director of the United 

9 States Fish and Wildlife Service, in coordination 

10 with the Chief of Engineers, the Director of the Na11 tional Park Service, and the Director of the United 

12 States Geological Survey, shall lead a multiagency 

13 effort to slow the spread of Asian carp in the Upper 

14 Mississippi and Ohio River basins and tributaries by 

15 providing technical assistance, coordination, best 

16 practices, and support to State and local govern17 ments in carrying out activities designed to slow, 

18 and eventually eliminate, the threat posed by Asian 

19 carp. 

20 (2) BEST PRACTICES.—To the maximum extent 

21 practicable, the multiagency effort shall apply les22 sons learned and best practices such as those de23 scribed in the document prepared by the Asian Carp 

24 Working Group entitled ‘‘Management and Control 

25 Plan for Bighead, Black, Grass, and Silver Carps in 

26 the United States’’ and dated November 2007, and 


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1 the document prepared by the Asian Carp Regional 

2 Coordinating Committee entitled ‘‘FY 2012 Asian 

3 Carp Control Strategy Framework’’ and dated Feb4 ruary 2012. 

5 (b) REPORT TO CONGRESS.— 

6 (1) IN GENERAL.—Not later than December 31 

7 of each year, the Director of the United States Fish 

8 and Wildlife Service, in coordination with the Chief 

9 of Engineers, shall submit to the Committee on Ap10 propriations, the Committee on Natural Resources, 

11 and the Committee on Transportation and Infra12 structure of the House of Representatives and the 

13 Committee on Appropriations and the Committee on 

14 Environment and Public Works of the Senate a re15 port describing the coordinated strategies established 

16 and progress made toward the goals of controlling 

17 and eliminating Asian carp in the Upper Mississippi 

18 and Ohio River basins and tributaries. 

19 (2) CONTENTS.—Each report submitted under 

20 paragraph (1) shall include— 

21 (A) any observed changes in the range of 

22 Asian carp in the Upper Mississippi and Ohio 

23 River basins and tributaries during the 2-year 

24 period preceding submission of the report; 


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1 (B) a summary of Federal agency efforts, 

2 including cooperative efforts with non-Federal 

3 partners, to control the spread of Asian carp in 

4 the Upper Mississippi and Ohio River basins 

5 and tributaries; 

6 (C) any research that the Director deter7 mines could improve the ability to control the 

8 spread of Asian carp; 

9 (D) any quantitative measures that the Di10 rector intends to use to document progress in 

11 controlling the spread of Asian carp; and 

12 (E) a cross-cut accounting of Federal and 

13 non-Federal expenditures to control the spread 

14 of Asian carp. 

15 SEC. 145. AQUATIC INVASIVE SPECIES PREVENTION AND 

16 CONTROL. 

17 (a) ASSESSMENT.—The Comptroller General of the 

18 United States shall conduct an assessment of the Federal 

19 costs of, and spending on, aquatic invasive species. 

20 (b) CONTENTS.—The assessment conducted under 

21 subsection (a) shall include— 

22 (1) identification of current Federal spending 

23 on, and projected future Federal costs of, operation 

24 and maintenance related to mitigating the impacts 


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1 of aquatic invasive species on federally owned or op2 erated facilities; 

3 (2) identification of current Federal spending 

4 on aquatic invasive species prevention; 

5 (3) analysis of whether spending identified in 

6 paragraph (2) is adequate for the maintenance and 

7 protection of services provided by federally owned or 

8 operated facilities, based on the current spending 

9 and projected future costs identified in paragraph 

10 (1); and 

11 (4) review of any other aspect of aquatic 

12 invasive species prevention or mitigation determined 

13 appropriate by the Comptroller General. 

14 (c) FINDINGS.—Not later than one year after the 

15 date of enactment of this Act, the Comptroller General 

16 shall submit to the Committee on Environment and Public 

17 Works and the Committee on Energy and Natural Re18 sources of the Senate and the Committee on Transpor19 tation and Infrastructure and the Committee on Natural 

20 Resources of the House of Representatives a report con21 taining the findings of the assessment conducted under 

22 subsection (a). 

23 SEC. 146. NATIONAL OCEAN POLICY IMPLEMENTATION. 

24 (a) FINDINGS.—Congress finds that— 


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1 (1) the July 19, 2010, Executive Order No. 

2 13547 that established the ‘‘National Policy for the 

3 Stewardship of the Ocean, Our Coasts, and the 

4 Great Lakes’’ (in this section referred to as the 

5 ‘‘National Ocean Policy’’) among other things re6 quires Federal implementation of ‘‘ecosystem-based 

7 management’’ to achieve a ‘‘fundamental shift’’ in 

8 how the United States manages ocean, coastal, and 

9 Great Lakes resources, and the establishment of 9 

10 new governmental ‘‘Regional Planning Bodies’’ and 

11 ‘‘Coastal and Marine Spatial Plans’’ in every region 

12 of the United States; 

13 (2) Executive Order No. 13547 created a 54- 

14 member National Ocean Council led by the White 

15 House Council on Environmental Quality and Office 

16 of Science and Technology Policy that includes prin17 cipal and deputy-level representatives from Federal 

18 entities, including the Department of Defense; 

19 (3) Executive Order No. 13547 requires Na20 tional Ocean Council members, including the De21 partment of Defense, to take action to implement 

22 the National Ocean Policy and participate in Coastal 

23 and Marine Spatial Planning to the fullest extent; 

24 (4) the Final Recommendations that were 

25 adopted by Executive Order No. 13547 state that 


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1 ‘‘effective’’ implementation of the National Ocean 

2 Policy will ‘‘require clear and easily understood re3 quirements and regulations, where appropriate, that 

4 include enforcement as a critical component’’; 

5 (5) despite repeated congressional requests, the 

6 National Ocean Council, which is charged with over7 seeing National Ocean Policy implementation, has 

8 still not provided a complete accounting of Federal 

9 activities taken and resources expended and allo10 cated in furtherance of National Ocean Policy imple11 mentation; 

12 (6) the Corps of Engineers is participating on 

13 at least one ‘‘Coastal and Marine Spatial Planning 

14 Regional Team’’; and 

15 (7) the Nation’s continued economic and budg16 etary challenges underscore the necessity for sound, 

17 transparent, and practical Federal policies. 

18 (b) PROHIBITION.—None of the programs or actions 

19 authorized under this Act may be used to further imple20 mentation of the coastal and marine spatial planning and 

21 ecosystem-based management components of the National 

22 Ocean Policy developed under Executive Order No. 13547. 

23 (c) STUDY.—Not later than 90 days after the date 

24 of enactment of this Act, the Secretary shall submit to 

25 the Committee on Transportation and Infrastructure of 


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1 the House of Representatives and the Committee on Com2 merce, Science, and Transportation of the Senate a report 

3 detailing all activities engaged in and resources expended 

4 in furtherance of Executive Order No. 13547 since it was 

5 issued on July 19, 2010, as well as any fiscal year 2014 

6 budget requests in support of National Ocean Policy im7 plementation. 

8 SEC. 147. CALCULATION OF BENEFITS AND COSTS FOR 

9 FLOOD DAMAGE REDUCTION AND HURRI10 CANE AND STORM DAMAGE REDUCTION 

11 PROJECTS. 

12 (a) IN GENERAL.—A feasibility study conducted by 

13 the Secretary for a project for flood damage reduction or 

14 hurricane and storm damage reduction shall include, as 

15 part of the calculation of benefits and costs— 

16 (1) a calculation of the anticipated reduction in 

17 flood or hurricane damage to public and private 

18 property and infrastructure resulting from the com19 pletion of the proposed project; 

20 (2) a calculation of the anticipated direct and 

21 indirect economic benefits resulting from the comple22 tion of the proposed project, including such benefits 

23 from any potential reductions in national and re24 gional economic volatility, disruptions, and losses; 

25 and 


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1 (3) a calculation of the anticipated benefits to 

2 public safety, including protection of evacuation 

3 routes, resulting from the completion of the pro4 posed project. 

5 (b) APPLICABILITY.—This section shall apply to any 

6 feasibility study for a project for flood damage reduction 

7 or hurricane and storm damage reduction that has not 

8 been completed before the date of enactment of this Act. 

9 TITLE II—NAVIGATION 

10 IMPROVEMENTS 

11 Subtitle A—Ports 

12 SEC. 201. EXPANDED USE OF HARBOR MAINTENANCE 

13 TRUST FUND. 

14 (a) IN GENERAL.—For any fiscal year in which tar15 get appropriations described in subsection (b) are met, the 

16 Secretary may use up to 5 percent of the total amount 

17 made available to the Secretary from the Harbor Mainte18 nance Trust Fund for the eligible operations and mainte19 nance costs described in section 210(a)(2) of the Water 

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

21 2238(a)(2)) for that fiscal year for expanded uses of the 

22 Harbor Maintenance Trust Fund. 

23 (b) TARGET APPROPRIATIONS.—For purposes of this 

24 section, target appropriations are met for a fiscal year if 

25 the total amount made available to the Secretary from the 


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1 Harbor Maintenance Trust Fund for that fiscal year 

2 equals or exceeds, as determined by the Secretary, the fol3 lowing: 

4 (1) For fiscal year 2014, 65 percent of the total 

5 amount of harbor maintenance taxes received in fis6 cal year 2013. 

7 (2) For fiscal year 2015, 67 percent of the total 

8 amount of harbor maintenance taxes received in fis9 cal year 2014. 

10 (3) For fiscal year 2016, 69 percent of the total 

11 amount of harbor maintenance taxes received in fis12 cal year 2015. 

13 (4) For fiscal year 2017, 71 percent of the total 

14 amount of harbor maintenance taxes received in fis15 cal year 2016. 

16 (5) For fiscal year 2018, 73 percent of the total 

17 amount of harbor maintenance taxes received in fis18 cal year 2017. 

19 (6) For fiscal year 2019, 75 percent of the total 

20 amount of harbor maintenance taxes received in fis21 cal year 2018. 

22 (7) For fiscal year 2020, and each fiscal year 

23 thereafter, 80 percent of total amount of harbor 

24 maintenance taxes received in the previous fiscal 

25 year. 


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1 (c) DEFINITIONS.—In this section, the following defi2 nitions apply: 

3 (1) ELIGIBLE HARBORS AND INLAND HARBORS

4 DEFINED.—The term ‘‘eligible harbor or inland har5 bor’’ means a harbor or inland harbor that, histori6 cally, as determined by the Secretary— 

7 (A) generates an amount of harbor mainte8 nance taxes; that exceeds 

9 (B) the value of work carried out for the 

10 harbor or inland harbor using amounts from 

11 the Harbor Maintenance Trust Fund. 

12 (2) EXPANDED USES.—The term ‘‘expanded 

13 uses’’ means the following activities performed for 

14 an eligible harbor or inland harbor: 

15 (A) The maintenance dredging of a berth 

16 in a harbor that is accessible to a Federal navi17 gation project and that benefits commercial 

18 navigation at the harbor. 

19 (B) The maintenance dredging and dis20 posal of legacy-contaminated sediment, and 

21 sediment unsuitable for open water disposal, 

22 if— 

23 (i) such dredging and disposal bene24 fits commercial navigation at the harbor; 

25 and 


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1 (ii) such sediment— 

2 (I) is located in and affects the 

3 maintenance of a Federal navigation 

4 project; or 

5 (II) is located in a berth that is 

6 accessible to a Federal navigation 

7 project. 

8 (3) TOTAL AMOUNT OF HARBOR MAINTENANCE

9 TAXES RECEIVED.—The term ‘‘total amount of har10 bor maintenance taxes received’’ means, with respect 

11 to a fiscal year, the aggregate of amounts appro12 priated, transferred, or credited to the Harbor Main13 tenance Trust Fund under section 9505(a) of the 

14 Internal Revenue Code of 1986 for that fiscal year 

15 as set forth in the current year estimate provided in 

16 the President’s budget request for the subsequent 

17 fiscal year, submitted pursuant to section 1105 of 

18 title 31, United States Code. 

19 (d) CONFORMING AMENDMENT.—Section 9505(c)(1) 

20 of the Internal Revenue Code of 1986 is amended by strik21 ing ‘‘(as in effect on the date of the enactment of the 

22 Water Resources Development Act of 1996)’’. 

23 (e) SENSE OF CONGRESS.—It is the sense of Con24 gress that any increase in harbor maintenance programs 

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1 crease in appropriations for the civil works program of the 

2 Corps of Engineers and not from similar reductions in the 

3 appropriations for other programs, projects, and activities 

4 carried out by the Corps of Engineers for other authorized 

5 purposes. 

6 SEC. 202. ASSESSMENT AND PRIORITIZATION OF OPER7 ATION AND MAINTENANCE. 

8 (a) ASSESSMENT.—Section 210 of the Water Re9 sources Development Act of 1986 (33 U.S.C. 2238) is 

10 amended by adding at the end the following: 

11 ‘‘(c) ASSESSMENT OF OPERATION AND MAINTE12 NANCE NEEDS.— 

13 ‘‘(1) IN GENERAL.—Not later than 90 days 

14 after the date of enactment of this subsection, and 

15 biennially thereafter, the Secretary shall assess the 

16 operation and maintenance needs of the harbors re17 ferred to in subsection (a)(2). 

18 ‘‘(2) TYPES OF HARBORS.—In carrying out 

19 paragraph (1), the Secretary shall assess the oper20 ation and maintenance needs of the harbors used 

21 for— 

22 ‘‘(A) commercial navigation; 

23 ‘‘(B) commercial fishing; 

24 ‘‘(C) subsistence, including utilization by 

25 Indian tribes (as such term is defined in section 


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1 4 of the Indian Self-Determination and Edu2 cation Assistance Act (25 U.S.C. 450b)) for 

3 subsistence and ceremonial purposes; 

4 ‘‘(D) use as a harbor of refuge; 

5 ‘‘(E) transportation of persons; 

6 ‘‘(F) purposes relating to domestic energy 

7 production, including the fabrication, servicing, 

8 or supply of domestic offshore energy produc9 tion facilities; 

10 ‘‘(G) activities of the Secretary of the de11 partment in which the Coast Guard is oper12 ating; 

13 ‘‘(H) activities of the Secretary of the 

14 Navy; 

15 ‘‘(I) public health and safety related equip16 ment for responding to coastal and inland 

17 emergencies; 

18 ‘‘(J) recreation purposes; and 

19 ‘‘(K) any other authorized purpose. 

20 ‘‘(3) REPORT TO CONGRESS.—For fiscal year 

21 2015, and biennially thereafter, in conjunction with 

22 the President’s annual budget submission to Con23 gress under section 1105(a) of title 31, United 

24 States Code, the Secretary shall submit to the Com25 mittee on Transportation and Infrastructure of the 


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1 House of Representatives and the Committee on En2 vironment and Public Works of the Senate a report 

3 that, with respect to harbors referred to in sub4 section (a)(2)— 

5 ‘‘(A) identifies the operation and mainte6 nance costs associated with the harbors, includ7 ing those costs required to achieve and main8 tain the authorized length, width, and depth for 

9 the harbors and the costs for expanded uses (as 

10 such term is defined in section 201(c)(2) of the 

11 Water Resources Reform and Development Act 

12 of 2013), on a project-by-project basis; 

13 ‘‘(B) identifies the amount of funding re14 quested in the President’s budget for the oper15 ation and maintenance costs associated with the 

16 harbors, on a project-by-project basis; 

17 ‘‘(C) identifies the unmet operation and 

18 maintenance needs associated with the harbors, 

19 on a project-by-project basis; and 

20 ‘‘(D) identifies the harbors for which the 

21 President will allocate funding over the next 5 

22 fiscal years for operation and maintenance ac23 tivities, on a project-by-project basis, including 

24 the amounts to be allocated for such pur25 poses.’’. 


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1 (b) OPERATION AND MAINTENANCE OF EMERGING

2 HARBOR PROJECTS.—Section 210 of such Act (33 U.S.C. 

3 2238) is further amended by adding at the end the fol4 lowing: 

5 ‘‘(d) OPERATION AND MAINTENANCE OF EMERGING

6 HARBOR PROJECTS.— 

7 ‘‘(1) IN GENERAL.—To the maximum extent 

8 practicable, the Secretary shall make expenditures to 

9 pay for operation and maintenance costs of the har10 bors referred to in subsection (a)(2), including ex11 penditures of funds appropriated from the Harbor 

12 Maintenance Trust Fund, based on an equitable al13 location of funds among all such harbors, regardless 

14 of the size or tonnage throughput of the harbor. 

15 ‘‘(2) CRITERIA.—In determining the equitable 

16 allocation of funds under paragraph (1), the Sec17 retary shall— 

18 ‘‘(A) utilize the information obtained in the 

19 assessment conducted under subsection (c); 

20 ‘‘(B) consider the national and regional 

21 significance of harbor operation and mainte22 nance; 

23 ‘‘(C) where appropriate, consider national 

24 security and military readiness needs in con25 sultation with the Secretary of the Navy; and 


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1 ‘‘(D) not make such allocation based solely 

2 on the tonnage transiting through a harbor. 

3 ‘‘(3) EMERGING HARBORS.— 

4 ‘‘(A) IN GENERAL.—Notwithstanding para5 graph (1), in making expenditures described in 

6 paragraph (1) for each of fiscal years 2015 and 

7 2016, the Secretary shall allocate not less than 

8 10 percent of the total amount of the expendi9 tures to pay for operation and maintenance 

10 costs of emerging harbors. 

11 ‘‘(B) EMERGING HARBOR DEFINED.—In 

12 this paragraph, the term ‘emerging harbor’ 

13 means a harbor referred to in subsection (a)(2) 

14 that transits less than 1,000,000 tons of com15 merce annually. 

16 ‘‘(4) EMERGENCY EXPENDITURES.—Nothing in 

17 this subsection may be construed to prohibit the 

18 Secretary from making an expenditure to pay for the 

19 operation and maintenance costs of a specific har20 bor, including the transfer of funding from the oper21 ation and maintenance of a separate project, if— 

22 ‘‘(A) the Secretary determines that the ac23 tion is necessary to address the navigation 

24 needs of a harbor where safe navigation has 


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1 been severely restricted due to an unforeseen 

2 event; and 

3 ‘‘(B) the Secretary provides advance notice 

4 and information on the need for the action to 

5 the Committee on Transportation and Infra6 structure and the Committee on Appropriations 

7 of the House of Representatives and the Com8 mittee on Environment and Public Works and 

9 the Committee on Appropriations of the Senate. 

10 ‘‘(5) MANAGEMENT OF GREAT LAKES NAVIGA11 TION SYSTEM.—To sustain effective and efficient op12 eration and maintenance of the Great Lakes Naviga13 tion System, including any navigation feature in the 

14 Great Lakes that is a Federal responsibility with re15 spect to operation and maintenance, the Secretary 

16 shall manage and allocate funding for all of the indi17 vidually authorized projects in the Great Lakes 

18 Navigation System as components of a single, com19 prehensive system, recognizing the interdependence 

20 of the projects.’’. 

21 SEC. 203. PRESERVING UNITED STATES HARBORS. 

22 (a) IN GENERAL.—The Secretary may enter into an 

23 agreement with a non-Federal interest, at the request of 

24 the non-Federal interest, under which the Secretary 

25 agrees to maintain a navigation project for a harbor or 


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1 inland harbor (in this section referred to as a ‘‘federally 

2 authorized harbor’’) in accordance with section 101(b) of 

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

4 2211(b)). 

5 (b) REPORT BY NON-FEDERAL INTEREST.— 

6 (1) IN GENERAL.—To be eligible to enter into 

7 an agreement under subsection (a) with respect to a 

8 federally authorized harbor, a non-Federal interest 

9 shall submit to the Secretary a report justifying eco10 nomic investment in maintenance of the harbor. 

11 (2) JUSTIFICATION OF INVESTMENT.—A report 

12 submitted under paragraph (1) may justify economic 

13 investment in the maintenance of a federally author14 ized harbor based on— 

15 (A) projected economic benefits, including 

16 transportation savings and job creation; and 

17 (B) other factors, including navigation 

18 safety, national security, and sustainability of 

19 subsistence harbors. 

20 (3) TERMINATION OF CERTAIN AGREEMENTS.— 

21 An agreement entered into under subsection (a) with 

22 respect to a federally authorized harbor shall contain 

23 terms to allow the Secretary to terminate the agree24 ment if the Secretary determines that Federal ecoVerDate Mar 15 2010 21:03 Oct 28, 2013 Jkt 039200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\H3080.PCS H3080

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1 nomic investment in maintaining the harbor is no 

2 longer justified. 

3 (c) LIMITATION ON STATUTORY CONSTRUCTION.— 

4 Nothing in this section may be construed to preclude the 

5 operation and maintenance of a federally authorized har6 bor under section 101(b) of the Water Resources Develop7 ment Act of 1986 (33 U.S.C. 2211(b)). 

8 SEC. 204. CONSOLIDATION OF DEEP DRAFT NAVIGATION 

9 EXPERTISE. 

10 Section 2033(e) of the Water Resources Development 

11 Act of 2007 (33 U.S.C. 2282a(e)) is amended by adding 

12 at the end the following: 

13 ‘‘(3) DEEP DRAFT NAVIGATION PLANNING CEN14 TER OF EXPERTISE.— 

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

16 consolidate deep draft navigation expertise 

17 within the Corps of Engineers into a deep draft 

18 navigation planning center of expertise. 

19 ‘‘(B) LIST.—Not later than 60 days after 

20 the date of the consolidation required under 

21 subparagraph (A), the Secretary shall submit to 

22 the Committee on Transportation and Infra23 structure of the House of Representatives and 

24 the Committee on Environment and Public 

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1 ing the grade levels and expertise of the per2 sonnel, assigned to the center described in sub3 paragraph (A).’’. 

4 SEC. 205. DISPOSAL SITES. 

5 (a) IN GENERAL.—The Secretary, in accordance with 

6 subsections (b) and (c) and with the concurrence of the 

7 Administrator of the Environmental Protection Agency, is 

8 authorized to reopen the Cape Arundel Disposal Site (in 

9 this section referred to as the ‘‘Site’’) as an alternative 

10 dredged material disposal site under section 103(b) of the 

11 Marine Protection, Research, and Sanctuaries Act of 1972 

12 (33 U.S.C. 1413(b)). 

13 (b) DEADLINE.—The Site may remain open under 

14 subsection (a) until the earlier of— 

15 (1) the date on which the Site does not have 

16 any remaining disposal capacity; 

17 (2) the date on which an environmental impact 

18 statement designating an alternative dredged mate19 rial disposal site for southern Maine has been com20 pleted; or 

21 (3) the date that is 5 years after the date of en22 actment of this Act. 

23 (c) LIMITATIONS.—The use of the Site as a dredged 

24 material disposal site under subsection (a) shall be subject 

25 to the conditions that— 


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1 (1) conditions at the Site remain suitable for 

2 the continued use of the Site as a dredged material 

3 disposal site; and 

4 (2) the Site not be used for the disposal of 

5 more than 80,000 cubic yards from any single 

6 dredging project. 

7 SEC. 206. HARBOR MAINTENANCE TRUST FUND STUDY. 

8 (a) DEFINITIONS.—In this section: 

9 (1) LOW-USE PORT.—The term ‘‘low-use port’’ 

10 means a port at which not more than 1,000,000 

11 tons of cargo are transported each calendar year. 

12 (2) MODERATE-USE PORT.—The term ‘‘mod13 erate-use port’’ means a port at which more than 

14 1,000,000, but fewer than 10,000,000, tons of cargo 

15 are transported each calendar year. 

16 (b) STUDY.—Not later than 270 days after the date 

17 of enactment of this Act, the Comptroller General of the 

18 United States shall carry out a study and submit to Con19 gress a report that— 

20 (1) evaluates the effectiveness of activities fund21 ed by the Harbor Maintenance Trust Fund in maxi22 mizing economic growth and job creation in the com23 munities surrounding low- and moderate-use ports; 

24 and 


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1 (2) includes recommendations relating to the 

2 use of amounts in the Harbor Maintenance Trust 

3 Fund to increase the competitiveness of United 

4 States ports relative to Canadian and Mexican ports. 

5 Subtitle B—Inland Waterways 

6 SEC. 211. DEFINITIONS. 

7 In this subtitle, the following definitions apply: 

8 (1) INLAND WATERWAYS TRUST FUND.—The 

9 term ‘‘Inland Waterways Trust Fund’’ means the 

10 Inland Waterways Trust Fund established by section 

11 9506(a) of the Internal Revenue Code of 1986. 

12 (2) QUALIFYING PROJECT.—The term ‘‘quali13 fying project’’ means any construction or major re14 habilitation project for navigation infrastructure of 

15 the inland and intracoastal waterways that is— 

16 (A) authorized before, on, or after the date 

17 of enactment of this Act; 

18 (B) not completed on the date of enact19 ment of this Act; and 

20 (C) funded at least in part from the Inland 

21 Waterways Trust Fund. 

22 SEC. 212. PROJECT DELIVERY PROCESS REFORMS. 

23 (a) REQUIREMENTS FOR QUALIFYING PROJECTS.— 

24 With respect to each qualifying project, the Secretary shall 

25 require— 


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1 (1) for each project manager, that— 

2 (A) the project manager have formal 

3 project management training and certification; 

4 and 

5 (B) the project manager be assigned from 

6 among personnel certified by the Chief of Engi7 neers; and 

8 (2) for an applicable cost estimation, that— 

9 (A) the Secretary utilize a risk-based cost 

10 estimate with a confidence level of at least 80 

11 percent; and 

12 (B) the cost estimate be implemented— 

13 (i) for a qualifying project that re14 quires an increase in the authorized 

15 amount in accordance with section 902 of 

16 the Water Resources Development Act of 

17 1986 (33 U.S.C. 2280), during the prepa18 ration of a post-authorization change re19 port or other similar decision document; 

20 (ii) for a qualifying project for which 

21 the first construction contract has not been 

22 awarded, prior to the award of the first 

23 construction contract; 

24 (iii) for a qualifying project without a 

25 completed feasibility report in accordance 


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1 with section 905 of the Water Resources 

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

3 2282), prior to the completion of such a 

4 report; and 

5 (iv) for a qualifying project with a 

6 completed feasibility report in accordance 

7 with section 905 of the Water Resources 

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

9 2282) that has not yet been authorized, 

10 during design for the qualifying project. 

11 (b) ADDITIONAL PROJECT DELIVERY PROCESS RE12 FORMS.—Not later than 18 months after the date of en13 actment of this Act, the Secretary shall— 

14 (1) establish a system to identify and apply on 

15 a continuing basis best management practices from 

16 prior or ongoing qualifying projects to improve the 

17 likelihood of on-time and on-budget completion of 

18 qualifying projects; 

19 (2) evaluate early contractor involvement acqui20 sition procedures to improve on-time and on-budget 

21 project delivery performance; and 

22 (3) implement any additional measures that the 

23 Secretary determines will achieve the purposes of 

24 this subtitle, including— 


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1 (A) the implementation of applicable prac2 tices and procedures developed pursuant to 

3 management by the Secretary of an applicable 

4 military construction program; 

5 (B) the development and use of a portfolio 

6 of standard designs for inland navigation locks; 

7 (C) the use of full-funding contracts or for8 mulation of a revised continuing contracts 

9 clause; and 

10 (D) the establishment of procedures for 

11 recommending new project construction starts 

12 using a capital projects business model. 

13 (c) PILOT PROJECTS.— 

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

15 the Secretary may carry out pilot projects to evalu16 ate processes and procedures for the study, design, 

17 and construction of qualifying projects. 

18 (2) INCLUSIONS.—At a minimum, the Secretary 

19 shall carry out pilot projects under this subsection to 

20 evaluate— 

21 (A) early contractor involvement in the de22 velopment of features and components; 

23 (B) an appropriate use of continuing con24 tracts for the construction of features and com25 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 completed feasibility report 


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1 in accordance with section 905 of the Water 

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

3 2282) relating to those features and compo4 nents; 

5 ‘‘(C) advice and recommendations to Con6 gress regarding an increase in the authorized 

7 cost of those features and components; 

8 ‘‘(D) not later than 60 days after the date 

9 of the submission of the budget proposal of the 

10 President to Congress, advice and recommenda11 tions to Congress regarding construction and 

12 rehabilitation priorities and spending levels; and 

13 ‘‘(E) advice and recommendations on the 

14 development of a long-term capital investment 

15 program in accordance with subsection (d). 

16 ‘‘(3) PROJECT DEVELOPMENT TEAMS.—The 

17 chairperson of the Users Board shall appoint a rep18 resentative of the Users Board to serve as an infor19 mal advisor to the project development team for a 

20 qualifying project or the study or design of a com21 mercial navigation feature or component of the in22 land waterways and inland harbors of the United 

23 States. 

24 ‘‘(4) INDEPENDENT JUDGMENT.—Any advice or 

25 recommendation made by the Users Board to the 


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1 Secretary shall reflect the independent judgment of 

2 the Users Board.’’; 

3 (2) by striking subsection (c) and inserting the 

4 following: 

5 ‘‘(c) DUTIES OF SECRETARY.—The Secretary shall— 

6 ‘‘(1) communicate not less than once each quar7 ter to the Users Board the status of the study, de8 sign, or construction of all commercial navigation 

9 features or components of the inland waterways or 

10 inland harbors of the United States; and 

11 ‘‘(2) submit to the Users Board a courtesy copy 

12 of all completed feasibility reports relating to a com13 mercial navigation feature or component of the in14 land waterways or inland harbors of the United 

15 States. 

16 ‘‘(d) CAPITAL INVESTMENT PROGRAM.— 

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

18 the date of enactment of this subsection, the Sec19 retary, in coordination with the Users Board, shall 

20 develop and submit to Congress a report describing 

21 a 20-year program for making capital investments 

22 on the inland and intracoastal waterways based on 

23 the application of objective, national project selection 

24 prioritization criteria. 


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1 ‘‘(2) CONSIDERATION.—In developing the pro2 gram under paragraph (1), the Secretary shall take 

3 into consideration the 20-year capital investment 

4 strategy contained in the Inland Marine Transpor5 tation System (IMTS) Capital Projects Business 

6 Model, Final Report published on April 13, 2010, as 

7 approved by the Users Board. 

8 ‘‘(3) CRITERIA.—In developing the plan and 

9 prioritization criteria under paragraph (1), the Sec10 retary shall ensure, to the maximum extent prac11 ticable, that investments made under the 20-year 

12 program described in paragraph (1)— 

13 ‘‘(A) are made in all geographical areas of 

14 the inland waterways system; and 

15 ‘‘(B) ensure efficient funding of inland wa16 terways projects. 

17 ‘‘(4) STRATEGIC REVIEW AND UPDATE.—Not 

18 later than 5 years after the date of enactment of 

19 this subsection, and not less frequently than once 

20 every 5 years thereafter, the Secretary, in coordina21 tion with the Users Board, shall— 

22 ‘‘(A) submit to Congress a strategic review 

23 of the 20-year program in effect under this sub24 section, which shall identify and explain any 

25 changes to the project-specific recommendations 


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1 contained in the previous 20-year program (in2 cluding any changes to the prioritization cri3 teria used to develop the updated recommenda4 tions); and 

5 ‘‘(B) make revisions to the program, as ap6 propriate. 

7 ‘‘(e) PROJECT MANAGEMENT PLANS.—The chair8 person of the Users Board and the project development 

9 team member appointed by the chairperson under sub10 section (b)(3) may sign the project management plan for 

11 the qualifying project or the study or design of a commer12 cial navigation feature or component of the inland water13 ways and inland harbors of the United States. 

14 ‘‘(f) ADMINISTRATION.—The Users Board shall be 

15 subject to the Federal Advisory Committee Act, other than 

16 section 14, and, with the consent of the appropriate agen17 cy head, the Users Board may use the facilities and serv18 ices of any Federal agency. For the purposes of complying 

19 with such Act, the members of the Users Board shall not 

20 be considered special Government employees (as defined 

21 in section 202 of title 18, United States Code). Non-Fed22 eral members of the Users Board while engaged in the 

23 performance of their duties away from their homes or reg24 ular places of business, may be allowed travel expenses, 


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1 including per diem in lieu of subsistence, as authorized 

2 by section 5703 of title 5, United States Code.’’. 

3 SEC. 213. EFFICIENCY OF REVENUE COLLECTION. 

4 Not later than 2 years after the date of enactment 

5 of this Act, the Comptroller General of the United States 

6 shall prepare a report on the efficiency of collecting the 

7 fuel tax for the Inland Waterways Trust Fund, which shall 

8 include— 

9 (1) an evaluation of whether current methods of 

10 collection of the fuel tax result in full compliance 

11 with requirements of the law; 

12 (2) whether alternative methods of collection 

13 would result in increased revenues into the Inland 

14 Waterways Trust Fund; and 

15 (3) an evaluation of alternative collection op16 tions. 

17 SEC. 214. INLAND WATERWAYS REVENUE STUDIES. 

18 (a) INLAND WATERWAYS CONSTRUCTION BONDS

19 STUDY.— 

20 (1) STUDY.—The Secretary, in coordination 

21 with the Secretary of the Treasury, shall conduct a 

22 study on the feasibility of authorizing the issuance 

23 of federally tax-exempt bonds secured against the 

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1 lished by section 9506(a) of the Internal Revenue 

2 Code of 1986. 

3 (2) CONTENTS.—In carrying out the study, the 

4 Secretary and the Secretary of the Treasury shall 

5 examine the implications of issuing such bonds, in6 cluding the potential revenues that could be gen7 erated and the projected net cost to the Treasury, 

8 including loss of potential revenue. 

9 (3) CONSULTATION.—In carrying out the study, 

10 the Secretary and the Secretary of the Treasury, at 

11 a minimum, shall consult with— 

12 (A) representatives of the Inland Water13 way Users Board established by section 302 of 

14 the Water Resources Development Act of 1986 

15 (33 U.S.C. 2251); 

16 (B) representatives of the commodities and 

17 bulk cargos that are currently shipped for com18 mercial purposes on the segments of the inland 

19 and intracoastal waterways listed in section 206 

20 of the Inland Waterways Revenue Act of 1978 

21 (33 U.S.C. 1804); 

22 (C) representatives of other users of locks 

23 and dams on the inland and intracoastal water24 ways, including persons owning, operating, 

25 using, or otherwise benefitting from— 


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1 (i) hydropower generation facilities; 

2 (ii) electric utilities that rely on the 

3 waterways for cooling of existing electricity 

4 generation facilities; 

5 (iii) municipal and industrial water 

6 supply; 

7 (iv) recreation; 

8 (v) irrigation water supply; or 

9 (vi) flood damage reduction; 

10 (D) other stakeholders associated with the 

11 inland and intracoastal waterways, as identified 

12 by the Secretary or the Secretary of the Treas13 ury; and 

14 (E) the heads of other appropriate Federal 

15 agencies, including the Secretary of Transpor16 tation, the Secretary of the Interior, and the 

17 Administrator of the Environmental Protection 

18 Agency. 

19 (4) REPORT TO CONGRESS.—Not later than 1 

20 year after the date of enactment of this Act, the 

21 Secretary and the Secretary of the Treasury shall 

22 submit a joint report on the results of the study 

23 to— 

24 (A) the Committee on Transportation and 

25 Infrastructure, the Committee on Ways and 


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1 Means, and the Committee on the Budget of 

2 the House of Representatives; and 

3 (B) the Committee on Environment and 

4 Public Works, the Committee on Finance, and 

5 the Committee on the Budget of the Senate. 

6 (b) POTENTIAL FEES FOR BENEFICIARIES AND

7 USERS OF INLAND AND INTRACOASTAL WATERWAYS IN8 FRASTRUCTURE.— 

9 (1) IN GENERAL.—The Secretary shall conduct 

10 a study and submit to Congress a report on poten11 tial user fees and revenues from other sources that 

12 could be collected to generate additional revenues for 

13 the Inland Waterways Trust Fund established by 

14 section 9506(a) of the Internal Revenue Code of 

15 1986. 

16 (2) SCOPE OF STUDY.— 

17 (A) IN GENERAL.—In carrying out the 

18 study, the Secretary shall evaluate an array of 

19 potential user fees and other revenues options 

20 that, when combined with funds generated by 

21 section 4042 of the Internal Revenue Code of 

22 1986, are sufficient to support one-half of an23 nual construction expenditure levels of 

24 $380,000,000 for the authorized purposes of 

25 the Inland Waterways Trust Fund. 


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1 (B) POTENTIAL REVENUE OPTIONS FOR

2 STUDY.—In carrying out the study, the Sec3 retary, at a minimum, shall evaluate potential 

4 user fees and other revenue options identified 

5 in— 

6 (i) the report of the Congressional 

7 Budget Office entitled ‘‘Paying for High8 ways, Airways, and Waterways: How Can 

9 Users Be Charged?’’, dated May 1, 1992; 

10 (ii) the draft bill submitted by the As11 sistant Secretary of the Army (Civil 

12 Works) to Congress entitled the ‘‘Lock 

13 User Fee Act of 2008’’, dated April 4, 

14 2008; 

15 (iii) the Inland Marine Transportation 

16 System (IMTS) Capital Projects Business 

17 Model, Final Report, published on April 

18 12, 2010, as approved by the Inland Wa19 terways Users Board established by section 

20 302 of the Water Resources Development 

21 Act of 1986 (33 U.S.C. 2251); and 

22 (iv) the draft bill submitted by the 

23 President to Congress entitled the ‘‘Inland 

24 Waterways Capital Investment Act of 

25 2011’’, dated September 2011. 


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1 (3) CONDUCT OF STUDY.—In carrying out the 

2 study, the Secretary shall— 

3 (A) take into consideration whether the po4 tential user fees and revenues from other 

5 sources— 

6 (i) are equitably associated with the 

7 construction, operation, and maintenance 

8 of inland and intracoastal waterway infra9 structure, including locks, dams, and navi10 gation channels; and 

11 (ii) can be efficiently collected; 

12 (B) consult with, at a minimum— 

13 (i) representatives of the Inland Wa14 terways Users Board; and 

15 (ii) representatives of other non16 navigation beneficiaries of inland and in17 tracoastal waterway infrastructure, includ18 ing persons benefitting from— 

19 (I) municipal water supply; 

20 (II) hydropower; 

21 (III) recreation; 

22 (IV) industrial water supply; 

23 (V) flood damage reduction; 

24 (VI) agricultural water supply; 

25 (VII) environmental restoration; 


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1 (VIII) local and regional eco2 nomic development; or 

3 (IX) local real estate interests; 

4 and 

5 (iii) representatives of other interests, 

6 as identified by the Secretary; and 

7 (C) provide the opportunity for public 

8 hearings in each of the geographic regions that 

9 contain segments of the inland and intracoastal 

10 waterways listed in section 206 of the Inland 

11 Waterways Revenue Act of 1978 (33 U.S.C. 

12 1804). 

13 (4) REPORT TO CONGRESS.—Not later than 1 

14 year after the date of enactment of this Act, the 

15 Secretary shall submit a report on the results of the 

16 study to— 

17 (A) the Committee on Transportation and 

18 Infrastructure, the Committee on Ways and 

19 Means, and the Committee on the Budget of 

20 the House of Representatives; and 

21 (B) the Committee on Environment and 

22 Public Works, the Committee on Finance, and 

23 the Committee on the Budget of the Senate. 


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1 SEC. 215. INLAND WATERWAYS STAKEHOLDER ROUND2 TABLE. 

3 (a) IN GENERAL.—The Secretary shall conduct an 

4 inland waterways stakeholder roundtable to provide for a 

5 review and evaluation of alternative approaches— 

6 (1) to address the financial needs of the Inland 

7 Waterways Trust Fund; and 

8 (2) to support the water infrastructure needs of 

9 the Inland Waterways System. 

10 (b) SELECTION OF PARTICIPANTS.— 

11 (1) IN GENERAL.—Not later than 45 days after 

12 the date on which the Secretary submits to Congress 

13 the report required by section 214(b), the Secretary 

14 shall select individuals to be invited to participate in 

15 the stakeholder roundtable. 

16 (2) COMPOSITION.—The individuals selected 

17 under paragraph (1) shall include— 

18 (A) representatives of affected shippers 

19 and suppliers; 

20 (B) representatives of State and Federal 

21 water managers; and 

22 (C) other interested persons with direct 

23 knowledge of the Inland Waterways System. 

24 (c) FRAMEWORK AND AGENDA.—The Secretary shall 

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1 section (b) to develop the framework and agenda for the 

2 stakeholder roundtable. 

3 (d) CONDUCT OF STAKEHOLDER ROUNDTABLE.— 

4 (1) IN GENERAL.—Not later than 120 days 

5 after the date on which the Secretary submits to 

6 Congress the report required by section 214(b), the 

7 Secretary shall conduct the stakeholder roundtable. 

8 (2) ISSUES TO BE DISCUSSED.—The stake9 holder roundtable shall provide for the review and 

10 evaluation described in subsection (a) and shall in11 clude the following: 

12 (A) An evaluation of alternatives that have 

13 been developed to address funding options for 

14 the Inland Waterways System. 

15 (B) An evaluation of the funding status of 

16 the Inland Waterways Trust Fund. 

17 (C) Prioritization of the ongoing and pro18 jected water infrastructure needs of the Inland 

19 Waterways System. 

20 (D) Identification of a process forward for 

21 meeting such needs, with timeline for address22 ing the funding challenges for the inland water23 ways trust system. 

24 (e) REPORT TO CONGRESS.—Not later than 180 days 

25 after the date on which the Secretary submits to Congress 


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1 the report required by section 214(b), the Secretary shall 

2 submit to Congress a report that contains— 

3 (1) a summary the stakeholder roundtable, in4 cluding areas of concurrence on funding approaches 

5 and areas or disagreement in meeting funding needs; 

6 and 

7 (2) recommendations developed by the Sec8 retary for logical next steps to address the issues 

9 discussed at the stakeholder roundtable. 

10 SEC. 216. PRESERVING THE INLAND WATERWAY TRUST 

11 FUND. 

12 (a) OLMSTED PROJECT REFORM.— 

13 (1) IN GENERAL.—Notwithstanding section 

14 3(a)(6) of the Water Resources Development Act of 

15 1988 (102 Stat. 4013), for each fiscal year begin16 ning after the date of enactment of this Act, 25 per17 cent of the cost of construction for the Olmsted 

18 Project shall be paid from amounts appropriated 

19 from the Inland Waterways Trust Fund. 

20 (2) DEFINITION.—In this subsection the term 

21 ‘‘Olmsted Project’’ means the project for navigation, 

22 Lower Ohio River, Locks 52 and 53, Illinois and 

23 Kentucky, authorized by section 3(a)(6) of the 

24 Water Resources Development Act of 1988 (102 

25 Stat. 4013). 


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

2 Congress that the appropriation for the Olmsted 

3 project should be not less than $150,000,000 for 

4 each fiscal year until construction of the project is 

5 completed. 

6 (4) REPORT.—Not later than 1 year after the 

7 date of enactment of this Act, the Secretary shall 

8 submit a report to the Committee on Transportation 

9 and Infrastructure of the House of Representatives 

10 and the Committee on Environment and Public 

11 Works of the Senate regarding the lessons learned 

12 from the experience of planning and constructing the 

13 Olmsted Project and how such lessons might apply 

14 to future inland waterway studies and projects. 

15 (b) ANNUAL REPORT ON PROGRESS AND COSTS.— 

16 For any inland waterways project that the Secretary car17 ries out that has an estimated total cost of $500,000,000 

18 or more, the Secretary shall submit to the congressional 

19 committees referred to in subsection (a)(4) an annual fi20 nancial plan for the project. The plan shall be based on 

21 detailed annual estimates of the cost to complete the re22 maining elements of the project and on reasonable as23 sumptions, as determined by the Secretary, of any future 

24 increases of the cost to complete the project. 


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1 SEC. 217. PUBLIC COMMENT ON LOCK OPERATIONS. 

2 At least 90 days before carrying out a proposed modi3 fication to the operation of a lock at a project for naviga4 tion on the inland waterways, the Secretary shall— 

5 (1) provide notice of the proposed modification 

6 in the Federal Register; and 

7 (2) accept public comments on the proposed 

8 modification. 

9 SEC. 218. ASSESSMENT OF OPERATION AND MAINTENANCE 

10 NEEDS OF THE ATLANTIC INTRACOASTAL 

11 WATERWAY AND THE GULF INTRACOASTAL 

12 WATERWAY. 

13 (a) IN GENERAL.—Not later than 90 days after the 

14 date of enactment of this Act, the Secretary shall assess 

15 the operation and maintenance needs of the Atlantic In16 tracoastal Waterway and the Gulf Intracoastal Waterway. 

17 (b) TYPES OF ACTIVITIES.—In carrying out sub18 section (a), the Secretary shall assess the operation and 

19 maintenance needs of the Atlantic Intracoastal Waterway 

20 and the Gulf Intracoastal Waterway as used for the fol21 lowing purposes: 

22 (1) Commercial navigation. 

23 (2) Commercial fishing. 

24 (3) Subsistence, including utilization by Indian 

25 tribes (as such term is defined by section 4 of the 

26 Indian Self-Determination and Education Assistance 


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1 Act (25 U.S.C. 450b)) for subsistence and ceremo2 nial purposes. 

3 (4) Use as ingress and egress to harbors of ref4 uge. 

5 (5) Transportation of persons. 

6 (6) Purposes relating to domestic energy pro7 duction, including fabrication, servicing, and supply 

8 of domestic offshore energy production facilities. 

9 (7) Activities of the Secretary of the depart10 ment in which the Coast Guard is operating. 

11 (8) Public health and safety related equipment 

12 for responding to coastal and inland emergencies. 

13 (9) Recreation purposes. 

14 (10) Any other authorized purpose. 

15 (c) REPORT TO CONGRESS.—For fiscal year 2015, 

16 and biennially thereafter, in conjunction with the Presi17 dent’s annual budget submission to Congress under sec18 tion 1105(a) of title 31, United States Code, the Secretary 

19 shall submit to the Committee on Transportation and In20 frastructure of the House of Representatives and the Com21 mittee on Environment and Public Works of the Senate 

22 a report that, with respect to the Atlantic Intracoastal 

23 Waterway and the Gulf Intracoastal Waterway— 


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1 (1) identifies the operation and maintenance 

2 costs required to achieve the authorized length, 

3 width, and depth; 

4 (2) identifies the amount of funding requested 

5 in the President’s budget for operation and mainte6 nance costs; and 

7 (3) identifies the unmet operation and mainte8 nance needs of the Atlantic Intracoastal Waterway 

9 and the Gulf Intracoastal Waterway. 

10 SEC. 219. UPPER MISSISSIPPI RIVER PROTECTION. 

11 (a) ECONOMIC IMPACT STUDY.—Not later than 180 

12 days after the date of enactment of this Act, the Secretary 

13 shall conduct a study and submit to Congress a report 

14 on the impact of closing the Upper St. Anthony Falls Lock 

15 and Dam on the economy and the environment, including 

16 an assessment of the annual average tonnage moving 

17 through the Upper St. Anthony Falls Lock and Dam dur18 ing the preceding 5 years. 

19 (b) MANDATORY CLOSURE.—Not later than 1 year 

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

21 close the Upper St. Anthony Falls Lock and Dam if the 

22 Secretary determines pursuant to the study conducted 

23 under subsection (a), or based on other appropriate infor24 mation made available to the Secretary, that the annual 

25 average tonnage moving through the Upper St. Anthony 


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1 Falls Lock and Dam during the preceding 5 years was 

2 not more than 1,500,000 tons. 

3 (c) EMERGENCY OPERATIONS.—Nothing in this sec4 tion may be construed to prevent the Secretary from car5 rying out emergency lock operations necessary to mitigate 

6 flood damage. 

7 (d) UPPER ST. ANTHONY FALLS LOCK AND DAM

8 DEFINED.—In this section, the term ‘‘Upper St. Anthony 

9 Falls Lock and Dam’’ means the lock and dam located 

10 on Mississippi River Mile 853.9 in Minneapolis, Min11 nesota. 

12 SEC. 220. CORPS OF ENGINEERS LOCK AND DAM ENERGY 

13 DEVELOPMENT. 

14 Section 1117 of the Water Resources Development 

15 Act of 1986 (100 Stat. 4236) is amended to read as fol16 lows: 

17 ‘‘SEC. 1117. W.D. MAYO LOCK AND DAM. 

18 ‘‘(a) IN GENERAL.—The Cherokee Nation of Okla19 homa may— 

20 ‘‘(1) design and construct one or more hydro21 electric generating facilities at the W.D. Mayo Lock 

22 and Dam on the Arkansas River, Oklahoma; and 

23 ‘‘(2) market the electricity generated from any 

24 such facility. 

25 ‘‘(b) PRECONSTRUCTION REQUIREMENTS.— 


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1 ‘‘(1) PERMITS.—Before the date on which con2 struction of a hydroelectric generating facility begins 

3 under subsection (a), the Cherokee Nation shall ob4 tain any permit required under Federal or State law, 

5 except that the Cherokee Nation shall be exempt 

6 from licensing requirements that may otherwise 

7 apply to construction, operation, or maintenance of 

8 the facility under the Federal Power Act (16 U.S.C. 

9 791a et seq.). 

10 ‘‘(2) REVIEW OF PLANS AND SPECIFICA11 TIONS.—The Cherokee Nation may initiate the de12 sign or construction of a hydroelectric generating fa13 cility under subsection (a) only after the Secretary 

14 reviews and approves the plans and specifications for 

15 the design and construction. 

16 ‘‘(c) PAYMENT OF DESIGN AND CONSTRUCTION

17 COSTS.— 

18 ‘‘(1) IN GENERAL.—The Secretary may accept 

19 funds offered by the Cherokee Nation and use such 

20 funds to carry out the design and construction of a 

21 hydroelectric generating facility under subsection 

22 (a). 

23 ‘‘(2) ALLOCATION OF COSTS.—The Cherokee 

24 Nation shall— 


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1 ‘‘(A) bear all costs associated with the de2 sign and construction of a hydroelectric gener3 ating facility under subsection (a); and 

4 ‘‘(B) provide any funds necessary for the 

5 design and construction to the Secretary prior 

6 to the Secretary initiating any activities related 

7 to the design and construction. 

8 ‘‘(d) ASSUMPTION OF LIABILITY.—The Cherokee Na9 tion shall— 

10 ‘‘(1) hold all title to a hydroelectric generating 

11 facility constructed under subsection (a) and may, 

12 subject to the approval of the Secretary, assign such 

13 title to a third party; 

14 ‘‘(2) be solely responsible for— 

15 ‘‘(A) the operation, maintenance, repair, 

16 replacement, and rehabilitation of the facility; 

17 and 

18 ‘‘(B) the marketing of the electricity gen19 erated by the facility; and 

20 ‘‘(3) release and indemnify the United States 

21 from any claims, causes of action, or liabilities that 

22 may arise out of any activity undertaken to carry 

23 out this section. 

24 ‘‘(e) ASSISTANCE AVAILABLE.—The Secretary may 

25 provide technical and construction management assistance 


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1 requested by the Cherokee Nation relating to the design 

2 and construction of a hydroelectric generating facility 

3 under subsection (a). 

4 ‘‘(f) THIRD PARTY AGREEMENTS.—The Cherokee 

5 Nation may enter into agreements with the Secretary or 

6 a third party that the Cherokee Nation or the Secretary 

7 determines are necessary to carry out this section.’’. 

8 TITLE III—DEAUTHORIZATIONS 

9 AND BACKLOG PREVENTION 

10 SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS. 

11 (a) PURPOSES.—The purposes of this section are— 

12 (1) to identify $12,000,000,000 in water re13 sources development projects authorized by Congress 

14 that are no longer viable for construction due to— 

15 (A) a lack of local support; 

16 (B) a lack of available Federal or non-Fed17 eral resources; or 

18 (C) an authorizing purpose that is no 

19 longer relevant or feasible; 

20 (2) to create an expedited and definitive process 

21 to deauthorize water resources development projects 

22 that are no longer viable for construction; and 

23 (3) to allow the continued authorization of 

24 water resources development projects that are viable 

25 for construction. 


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1 (b) DEAUTHORIZATION OF PROJECTS AUTHORIZED

2 BEFORE WRDA 2007.— 

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

4 the date of enactment of this Act, the Secretary 

5 shall submit to the Committee on Transportation 

6 and Infrastructure of the House of Representatives 

7 and the Committee on Environment and Public 

8 Works of the Senate, and shall publish in the Fed9 eral Register, a report that lists each authorized 

10 water resources development project, or separable 

11 element of a project, authorized for construction be12 fore November 8, 2007— 

13 (A) for which— 

14 (i) construction was not initiated be15 fore the date of enactment of this Act; or 

16 (ii) construction was initiated before 

17 the date of enactment of this Act, but for 

18 which no funds, Federal or non-Federal, 

19 were obligated for construction of the 

20 project or separable element during the 5- 

21 year period ending on July 1, 2013; and 

22 (B) that is identified in accordance with 

23 paragraph (3). 

24 (2) SPECIAL RULE FOR ONGOING CONSTRUC25 TION.—A project or separable element shall not be 


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1 listed pursuant to paragraph (1)(A)(ii) if the project 

2 or separable element is being constructed as of the 

3 date of enactment of this Act. 

4 (3) IDENTIFICATION OF PROJECTS.— 

5 (A) IN GENERAL.—The Secretary shall 

6 identify in the report submitted under para7 graph (1) projects and separable elements 

8 that— 

9 (i) meet the requirements described in 

10 subparagraph (A) of that paragraph; and 

11 (ii) in the aggregate have an esti12 mated Federal cost to complete (as of the 

13 date of the report) that is at least 

14 $12,000,000,000. 

15 (B) SEQUENCING OF PROJECTS.—In iden16 tifying projects and separable elements under 

17 subparagraph (A), the Secretary shall identify 

18 projects and separable elements according to 

19 the order in which the projects and separable 

20 elements were authorized, beginning with the 

21 earliest authorized projects and separable ele22 ments and ending upon the aggregate estimated 

23 Federal cost to complete for the projects and 

24 separable elements identified satisfying the re25 quirement under subparagraph (A)(ii). 


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1 (4) CONGRESSIONAL REVIEW PERIOD; DE2 AUTHORIZATION.—After the expiration of the 180- 

3 day period beginning on the date of the submission 

4 of the report under this subsection, any project or 

5 separable element identified in that report is hereby 

6 deauthorized, unless during such period the non7 Federal interest for the project or separable element 

8 provides, under Federal law, all funds necessary to 

9 complete the project or separable element. 

10 (c) TREATMENT OF PROJECT MODIFICATIONS.—For 

11 purposes of this section, if an authorized water resources 

12 development project or separable element has been modi13 fied in an Act of Congress, the date of the authorization 

14 of the project or separable element shall be deemed to be 

15 the date of the most recent such modification. 

16 SEC. 302. REVIEW OF CORPS OF ENGINEERS ASSETS. 

17 (a) ASSESSMENT AND INVENTORY.—Not later than 

18 1 year after the date of enactment of this Act, the Sec19 retary shall conduct an assessment of all properties under 

20 the control of the Corps of Engineers and develop an in21 ventory of the properties that are not needed for the mis22 sions of the Corps of Engineers. 

23 (b) CRITERIA.—In conducting the assessment and 

24 developing the inventory under subsection (a), the Sec25 retary shall use the following criteria: 


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1 (1) The extent to which the property aligns 

2 with the current missions of the Corps of Engineers. 

3 (2) The economic impact of the property on ex4 isting communities in the vicinity of the property. 

5 (3) The extent to which the utilization rate for 

6 the property is being maximized and is consistent 

7 with nongovernmental industry standards for the 

8 given function or operation. 

9 (4) The extent to which the reduction or elimi10 nation of the property could reduce operation and 

11 maintenance costs of the Corps of Engineers. 

12 (5) The extent to which the reduction or elimi13 nation of the property could reduce energy consump14 tion by the Corps of Engineers. 

15 (c) NOTIFICATION.—As soon as practicable following 

16 completion of the inventory of properties under subsection 

17 (a), the Secretary shall provide the inventory to the Ad18 ministrator of General Services. 

19 (d) REPORT TO CONGRESS.—Not later than 30 days 

20 after the date of the notification under subsection (c), the 

21 Secretary shall submit to the Committee on Transpor22 tation and Infrastructure of the House of Representatives 

23 and the Committee on Environment and Public Works of 

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1 retary with respect to the assessment and inventory re2 quired under subsection (a). 

3 SEC. 303. BACKLOG PREVENTION. 

4 (a) PROJECT DEAUTHORIZATION.— 

5 (1) IN GENERAL.—A water resources develop6 ment project, or separable element of such a project, 

7 authorized for construction by this Act shall not be 

8 authorized after the last day of the 7-year period be9 ginning on the date of enactment of this Act unless 

10 during that period funds have been obligated for 

11 construction of such project. 

12 (2) IDENTIFICATION OF PROJECTS.—Not later 

13 than 60 days after the expiration of the 7-year pe14 riod referred to in paragraph (1), the Secretary shall 

15 submit to the Committee on Transportation and In16 frastructure of the House of Representatives and the 

17 Committee on Environment and Public Works of the 

18 Senate a report that identifies the projects deauthor19 ized under paragraph (1). 

20 (b) REPORT TO CONGRESS.—Not later than 60 days 

21 after the expiration of the 12-year period beginning on the 

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

23 to the Committee on Transportation and Infrastructure 

24 of the House of Representatives and the Committee on 


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1 Environment and Public Works of the Senate a report 

2 that contains— 

3 (1) a list of any water resources development 

4 projects authorized by this Act for which construc5 tion has not been completed during that period; 

6 (2) a description of the reasons the projects 

7 were not completed; 

8 (3) a schedule for the completion of the projects 

9 based on expected levels of appropriations; and 

10 (4) a 5-year and 10-year projection of construc11 tion backlog and any recommendations to Congress 

12 regarding how to mitigate current problems and the 

13 backlog. 

14 SEC. 304. DEAUTHORIZATIONS. 

15 (a) IN GENERAL.—The following projects are not au16 thorized after the date of enactment of this Act: 

17 (1) WALNUT CREEK (PACHECO CREEK), CALI18 FORNIA.—The portions of the project for flood pro19 tection on Walnut Creek, California, constructed 

20 under section 203 of the Flood Control Act of 1960 

21 (Public Law 86–645; 74 Stat. 488), consisting of 

22 the Walnut Creek project from Sta 0+00 to Sta 

23 142+00 and the upstream extent of the Walnut 

24 Creek project along Pacheco Creek from Sta 0+00 

25 to Sta 73+50. 


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1 (2) WALNUT CREEK (SAN RAMON CREEK), CALI2 FORNIA.—The portion of the project for flood pro3 tection on Walnut Creek, California, constructed 

4 under section 203 of the Flood Control Act of 1960 

5 (Public Law 86–645; 74 Stat. 488), consisting of 

6 the culvert constructed by the Department of the 

7 Army on San Ramon Creek from Sta 4+27 to Sta 

8 14+27. 

9 (3) HILLSBOROUGH (HILLSBORO) BAY AND

10 RIVER, FLORIDA.—Those portions of the project for 

11 navigation, Hillsborough (Hillsboro) Bay and River, 

12 Florida, authorized by the Act of March 3, 1899 (30 

13 Stat. 1126; chapter 425), that extend on either side 

14 of the Hillsborough River from the Kennedy Boule15 vard bridge to the mouth of the river that cause the 

16 existing channel to exceed 100 feet in width. 

17 (4) KAHULUI WASTEWATER RECLAMATION FA18 CILITY, MAUI, HAWAII.—The project carried out pur19 suant to the authority provided by section 14 of the 

20 Flood Control Act of 1946 (33 U.S.C. 701r) to pro21 vide shoreline protection for the Kahului Wastewater 

22 Reclamation Facility, located on the Island of Maui 

23 in the State of Hawaii. 

24 (5) CHICAGO HARBOR, ILLINOIS.—The portion 

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1 nois, authorized by the first section of the Act of 

2 March 3, 1899 (30 Stat. 1129; chapter 425), and 

3 the first section of the Act of March 2, 1919 (40 

4 Stat. 1283; chapter 95), and described as follows: 

5 (A) Beginning at the southwest corner of 

6 Metropolitan Sanitary District of Greater Chi7 cago sluice gate that abuts the north wall of the 

8 Chicago River Lock. 

9 (B) Thence running north for approxi10 mately 290 feet. 

11 (C) Thence running east approximately 

12 1,000 feet. 

13 (D) Thence running south approximately 

14 290 feet. 

15 (E) Thence running west approximately 

16 1,000 feet to the point of origin. 

17 (6) LUCAS-BERG PIT, ILLINOIS WATERWAY AND

18 GRANT CALUMET RIVER, ILLINOIS.—The portion of 

19 the project for navigation, Illinois Waterway and 

20 Grand Calumet River, Illinois, authorized by the 

21 first section of the Act entitled ‘‘An Act authorizing 

22 the construction of certain public works on rivers 

23 and harbors for flood control, and for other pur24 poses’’, approved July 24, 1946 (60 Stat. 636; chapVerDate Mar 15 2010 21:03 Oct 28, 2013 Jkt 039200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\H3080.PCS H3080

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1 ter 596), that consists of the Lucas-Berg Pit con2 fined disposal facility, Illinois. 

3 (7) ROCKLAND HARBOR, MAINE.—The portion 

4 of the project for navigation, Rockland Harbor, 

5 Maine, authorized by the Act entitled ‘‘An Act mak6 ing appropriations for the construction, repair, and 

7 preservation of certain public works on rivers and 

8 harbors, and for other purposes’’, approved June 3, 

9 1896 (29 Stat. 202), and described as follows: 

10 (A) Beginning at the point in the 14-foot 

11 turning basin limit with coordinates 

12 N162,927.61, E826,210.16. 

13 (B) Thence running north 45 degrees 45 

14 minutes 15.6 seconds east 287.45 feet to a 

15 point N163,128.18, E826,416.08. 

16 (C) Thence running south 13 degrees 17 

17 minutes 53.3 seconds east 129.11 feet to a 

18 point N163,002.53, E826,445.77. 

19 (D) Thence running south 45 degrees 45 

20 minutes 18.4 seconds west 221.05 feet to a 

21 point N162,848.30, E826,287.42. 

22 (E) Thence running north 44 degrees 14 

23 minutes 59.5 seconds west 110.73 feet to the 

24 point of origin. 


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1 (8) CORSICA RIVER, QUEEN ANNE’S COUNTY, 

2 MARYLAND.—The portion of the project for improv3 ing the Corsica River, Maryland, authorized by the 

4 first section of the Act entitled ‘‘An Act making ap5 propriations for the construction, repair, and preser6 vation of certain public works on rivers and harbors, 

7 and for other purposes’’, approved July 25, 1912 

8 (37 Stat. 205), and described as follows: Approxi9 mately 2,000 feet of the eastern section of the 

10 project channel extending from— 

11 (A) centerline station 0+000 (coordinates 

12 N506350.60, E1575013.60); to 

13 (B) station 2+000 (coordinates 

14 N508012.39, E1574720.18). 

15 (9) GLOUCESTER HARBOR AND ANNISQUAM

16 RIVER, MASSACHUSETTS.—The portions of the 

17 project for navigation, Gloucester Harbor and 

18 Annisquam River, Massachusetts, authorized by sec19 tion 2 of the Act entitled ‘‘An Act authorizing the 

20 construction, repair, and preservation of certain pub21 lic works on rivers and harbors, and for other pur22 poses’’, approved of March 2, 1945 (59 Stat. 12; 

23 chapter 19), consisting of an 8-foot anchorage area 

24 in Lobster Cove, and described as follows: 


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1 (A) Beginning at a bend along the easterly 

2 limit of the existing project, N3063230.31, 

3 E878283.77, thence running northwesterly 

4 about 339 feet to a point, N3063478.86, 

5 E878053.83, thence running northwesterly 

6 about 281 feet to a bend on the easterly limit 

7 of the existing project, N3063731.88, 

8 E877932.54, thence running southeasterly 

9 about 612 feet along the easterly limit of the 

10 existing project to the point of origin. 

11 (B) Beginning at a bend along the easterly 

12 limit of the existing project, N3064065.80, 

13 E878031.45, thence running northwesterly 

14 about 621 feet to a point, N3064687.05, 

15 E878031.13, thence running southwesterly 

16 about 122 feet to a point, N3064686.98, 

17 E877908.85, thence running southeasterly 

18 about 624 feet to a point, N3064063.31, 

19 E877909.17, thence running southwesterly 

20 about 512 feet to a point, N3063684.73, 

21 E877564.56, thence running about 741 feet to 

22 a point along the westerly limit of the existing 

23 project, N3063273.98, E876947.77, thence 

24 running northeasterly about 533 feet to a bend 

25 along the westerly limit of the existing project, 


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1 N3063585.62, E877380.63, thence running 

2 about 147 feet northeasterly to a bend along 

3 the westerly limit of the project, N3063671.29, 

4 E877499.63, thence running northeasterly 

5 about 233 feet to a bend along the westerly 

6 limit of the existing project, N3063840.60, 

7 E877660.29, thence running about 339 feet 

8 northeasterly to a bend along the westerly limit 

9 of the existing project, N3064120.34, 

10 E877852.55, thence running about 573 feet to 

11 a bend along the westerly limit of the existing 

12 project, N3064692.98, E877865.04, thence 

13 running about 113 feet to a bend along the 

14 northerly limit of the existing project, 

15 N3064739.51, E877968.31, thence running 

16 145 feet southeasterly to a bend along the 

17 northerly limit of the existing project, 

18 N3064711.19, E878110.69, thence running 

19 about 650 feet along the easterly limit of the 

20 existing project to the point of origin. 

21 (10) IPSWICH RIVER, MASSACHUSETTS.—The 

22 portion of the project for navigation, Ipswich River, 

23 Massachusetts, authorized by the first section of the 

24 Act of August 5, 1886 (24 Stat. 317, chapter 929) 

25 consisting of a 4-foot channel located at the entrance 


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1 to the inner harbor at Ipswich Harbor, and de2 scribed as follows: 

3 (A) Lying northwesterly of a line com4 mencing at N3,074,938.09, E837,154.87. 

5 (B) Thence running easterly approximately 

6 60 feet to a point with coordinates 

7 N3,074,972.62, E837,203.93. 

8 (11) EAST FORK OF TRINITY RIVER, TEXAS.— 

9 The portion of the project for flood protection on the 

10 East Fork of the Trinity River, Texas, authorized by 

11 section 203 of the Flood Control Act of 1962 (76 

12 Stat. 1185), that consists of the 2 levees identified 

13 as Kaufman County Levees K5E and K5W. 

14 (12) BURNHAM CANAL, WISCONSIN.—The por15 tion of the project for navigation, Milwaukee Harbor 

16 Project, Milwaukee, Wisconsin, known as the 

17 Burnham Canal, authorized by the first section of 

18 the Act entitled ‘‘An Act for the protection of com19 merce on Lake Michigan’’, approved March 3, 1843 

20 (5 Stat. 619; chapter 85), and described as follows: 

21 (A) Beginning at channel point #415a 

22 N381768.648, E2524554.836, a distance of 

23 about 170.58 feet. 

24 (B) Thence running south 53 degrees 43 

25 minutes 41 seconds west to channel point #417 


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1 N381667.728, E2524417.311, a distance of 

2 about 35.01 feet. 

3 (C) Thence running south 34 degrees 10 

4 minutes 40 seconds west to channel point #501 

5 N381638.761, E2524397.639, a distance of 

6 about 139.25 feet. 

7 (D) Thence running south 34 degrees 10 

8 minutes 48 seconds west to channel point #503 

9 N381523.557, E2524319.406, a distance of 

10 about 235.98 feet. 

11 (E) Thence running south 32 degrees 59 

12 minutes 13 seconds west to channel point #505 

13 N381325.615, E2524190.925, a distance of 

14 about 431.29 feet. 

15 (F) Thence running south 32 degrees 36 

16 minutes 05 seconds west to channel point #509 

17 N380962.276, E2523958.547, a distance of 

18 about 614.52 feet. 

19 (G) Thence running south 89 degrees 05 

20 minutes 00 seconds west to channel point #511 

21 N380952.445, E2523344.107, a distance of 

22 about 74.68 feet. 

23 (H) Thence running north 89 degrees 04 

24 minutes 59 seconds west to channel point #512 


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1 N381027.13, E2523342.91, a distance of about 

2 533.84 feet. 

3 (I) Thence running north 89 degrees 05 

4 minutes 00 seconds east to channel point #510 

5 N381035.67, E2523876.69, a distance of about 

6 47.86 feet. 

7 (J) Thence running north 61 degrees 02 

8 minutes 07 seconds east to channel point #508 

9 N381058.84, E2523918.56, a distance of about 

10 308.55 feet. 

11 (K) Thence running north 36 degrees 15 

12 minutes 29 seconds east to channel point #506 

13 N381307.65, E2524101.05, a distance of about 

14 199.98 feet. 

15 (L) Thence running north 32 degrees 59 

16 minutes 12 seconds east to channel point #504 

17 N381475.40, E2524209.93, a distance of about 

18 195.14 feet. 

19 (M) Thence running north 26 degrees 17 

20 minutes 22 seconds east to channel point #502 

21 N381650.36, E2524296.36, a distance of about 

22 81.82 feet. 

23 (N) Thence running north 88 degrees 51 

24 minutes 05 seconds west to channel point #419 


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1 N381732.17, E2524294.72, a distance of about 

2 262.65 feet. 

3 (O) Thence running north 82 degrees 01 

4 minutes 02 seconds east to channel point 

5 #415a, the point of origin. 

6 (13) MANITOWOC HARBOR, WISCONSIN.—The 

7 portion of the project for navigation, Manitowoc 

8 River, Manitowoc, Wisconsin, authorized by the Act 

9 of August 30, 1852 (10 Stat. 58; chapter 104), and 

10 described as follows: The triangular area bound by— 

11 (A) 44.09893383N and 087.66854912W; 

12 (B) 44.09900535N and 087.66864372W; 

13 and 

14 (C) 44.09857884N and 087.66913123W. 

15 (b) SEWARD WATERFRONT, SEWARD, ALASKA.— 

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

17 the portion of the project for navigation, Seward 

18 Harbor, Alaska, identified as Tract H, Seward 

19 Original Townsite, Waterfront Park Replat, Plat No 

20 2012–4, Seward Recording District, shall not be 

21 subject to navigation servitude beginning on the date 

22 of enactment of this Act. 

23 (2) ENTRY BY FEDERAL GOVERNMENT.—The 

24 Federal Government may enter upon the property 

25 referred to in paragraph (1) to carry out any reVerDate Mar 15 2010 21:03 Oct 28, 2013 Jkt 039200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\H3080.PCS H3080

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1 quired operation and maintenance of the general 

2 navigation features of the project referred to in 

3 paragraph (1). 

4 (c) PORT OF HOOD RIVER, OREGON.— 

5 (1) EXTINGUISHMENT OF PORTIONS OF EXIST6 ING FLOWAGE EASEMENT.—With respect to the 

7 properties described in paragraph (2), beginning on 

8 the date of enactment of this Act, the flowage ease9 ment identified as Tract 1200E–6 on the Easement 

10 Deed recorded as Instrument No. 740320 is extin11 guished above elevation 79.39 feet (NGVD 29), the 

12 ordinary high water line. 

13 (2) AFFECTED PROPERTIES.—The properties 

14 described in this paragraph, as recorded in Hood 

15 River County, Oregon, are as follows: 

16 (A) Instrument Number 2010–1235. 

17 (B) Instrument Number 2010–02366. 

18 (C) Instrument Number 2010–02367. 

19 (D) Parcel 2 of Partition Plat 2011–12P. 

20 (E) Parcel 1 of Partition Plat 2005–26P. 

21 (3) EXTINGUISHMENT OF FLOWAGE EASE22 MENT.—With respect to the properties described in 

23 paragraph (2), the flowage easement is extinguished 

24 if the elevation of the property is above the standard 

25 project flood elevation. 


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1 (4) FEDERAL LIABILITIES.—The United States 

2 shall not be liable for any injury caused by the extin3 guishment of the easement under this subsection. 

4 (5) NO EFFECT ON OTHER RIGHTS.—Nothing 

5 in this subsection affects the remaining rights and 

6 interests of the Corps of Engineers for authorized 

7 project purposes. 

8 SEC. 305. LAND CONVEYANCES. 

9 (a) TULSA PORT OF CATOOSA, ROGERS COUNTY, 

10 OKLAHOMA LAND EXCHANGE.— 

11 (1) LAND EXCHANGE.—On conveyance by the 

12 Tulsa Port of Catoosa to the United States of all 

13 right, title, and interest in and to the non-Federal 

14 land, the Secretary shall convey to the Tulsa Port of 

15 Catoosa all right, title, and interest of the United 

16 States in and to the Federal land. 

17 (2) DEFINITIONS.—In this subsection, the fol18 lowing definitions apply: 

19 (A) FEDERAL LAND.—The term ‘‘Federal 

20 land’’ means the approximately 87 acres of land 

21 situated in Rogers County, Oklahoma, con22 tained within United States Tracts 413 and 

23 427 and acquired for the McClellan-Kerr Ar24 kansas Navigation System. 


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1 (B) NON-FEDERAL LAND.—The term 

2 ‘‘non-Federal land’’ means the approximately 

3 34 acres of land situated in Rogers County, 

4 Oklahoma, and owned by the Tulsa Port of 

5 Catoosa that lie immediately south and east of 

6 the Federal land. 

7 (3) SPECIFIC CONDITIONS.— 

8 (A) DEEDS.— 

9 (i) DEED TO NON-FEDERAL LAND.— 

10 The Secretary may only accept conveyance 

11 of the non-Federal land by warranty deed, 

12 as determined acceptable by the Secretary. 

13 (ii) DEED TO FEDERAL LAND.—The 

14 Secretary shall convey the Federal land to 

15 the Tulsa Port of Catoosa by quitclaim 

16 deed and subject to any reservations, 

17 terms, and conditions the Secretary deter18 mines necessary to— 

19 (I) allow the United States to op20 erate and maintain the McClellan21 Kerr Arkansas River Navigation Sys22 tem; and 

23 (II) protect the interests of the 

24 United States. 


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1 (iii) CASH PAYMENT.—If the ap2 praised fair market value of the Federal 

3 land, as determined by the Secretary, ex4 ceeds the appraised fair market value of 

5 the non-Federal land, as determined by the 

6 Secretary, the Tulsa Port of Catoosa shall 

7 make a cash payment to the United States 

8 reflecting the difference in the appraised 

9 fair market values. 

10 (b) CITY OF ASOTIN, WASHINGTON.— 

11 (1) IN GENERAL.—The Secretary shall convey 

12 to the city of Asotin, Asotin County, Washington, 

13 without monetary consideration, all right, title, and 

14 interest of the United States in and to the land de15 scribed in paragraph (3). 

16 (2) REVERSION.—If the land transferred under 

17 this subsection ceases at any time to be used for a 

18 public purpose, the land shall revert to the United 

19 States. 

20 (3) DESCRIPTION.—The land to be conveyed to 

21 the city of Asotin, Washington, under this sub22 section are— 

23 (A) the public ball fields designated as 

24 Tracts 1503, 1605, 1607, 1609, 1611, 1613, 


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1 1615, 1620, 1623, 1624, 1625, 1626, and 

2 1631; and 

3 (B) other leased areas designated as 

4 Tracts 1506, 1522, 1523, 1524, 1525, 1526, 

5 1527, 1529, 1530, 1531, and 1563. 

6 (c) GENERALLY APPLICABLE PROVISIONS.— 

7 (1) SURVEY TO OBTAIN LEGAL DESCRIPTION.— 

8 The exact acreage and the legal description of any 

9 real property to be conveyed under this section shall 

10 be determined by a survey that is satisfactory to the 

11 Secretary. 

12 (2) APPLICABILITY OF PROPERTY SCREENING

13 PROVISIONS.—Section 2696 of title 10, United 

14 States Code, shall not apply to any conveyance 

15 under this section. 

16 (3) ADDITIONAL TERMS AND CONDITIONS.— 

17 The Secretary may require that any conveyance 

18 under this section be subject to such additional 

19 terms and conditions as the Secretary considers nec20 essary and appropriate to protect the interests of the 

21 United States. 

22 (4) COSTS OF CONVEYANCE.—An entity to 

23 which a conveyance is made under this section shall 

24 be responsible for all reasonable and necessary costs, 


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1 including real estate transaction and environmental 

2 documentation costs, associated with the conveyance. 

3 (5) LIABILITY.—An entity to which a convey4 ance is made under this section shall hold the 

5 United States harmless from any liability with re6 spect to activities carried out, on or after the date 

7 of the conveyance, on the real property conveyed. 

8 The United States shall remain responsible for any 

9 liability with respect to activities carried out, before 

10 such date, on the real property conveyed. 

11 TITLE IV—WATER RESOURCES 

12 INFRASTRUCTURE 

13 SEC. 401. AUTHORIZATION OF FINAL FEASIBILITY STUDIES. 

14 The following final feasibility studies for water re15 sources development and conservation and other purposes 

16 are authorized to be carried out by the Secretary substan17 tially in accordance with the plan, and subject to the con18 ditions, described in the respective reports designated in 

19 this section: 

20 (1) NAVIGATION.— 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Federal 

Cost 

E. 

Estimated 

Non-Federal 

Cost 

1. TX, 

LA 

Sabine 

Neches 

Waterway, 

Southeast 

Texas and 

Southwest 

Louisiana 

July 22, 

2011 

$779,399,000 $359,227,000 

2. FL Jacksonville 

HarborMilepoint 

April 30, 

2012 

$27,804,000 $9,122,000 

3. GA Savannah 

Harbor 

Expansion 

Project 

Aug. 17, 

2012 

$461,000,000 $201,000,000 

4. TX Freeport 

Harbor 

Jan. 7, 

2013 

$121,132,000 $116,342,000 

5. FL Canaveral 

Harbor 

(Sect 203 

Sponsor 

Report) 

Feb. 25, 

2013 

$28,652,000 $11,588,000 

1 (2) FLOOD RISK MANAGEMENT.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Federal 

Cost 

E. 

Estimated 

Non-Federal 

Cost 

1. KS Topeka Aug. 24, 

2009 

$15,494,000 $8,343,000 

2. CA American 

River Watershed, 

Common 

Features 

Project, 

Natomas 

Basin 

Dec. 30, 

2010 

$943,300,000 $479,500,000 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Federal 

Cost 

E. 

Estimated 

Non-Federal 

Cost 

3. IA Cedar River, 

Cedar 

Rapids 

Jan. 27, 

2011 

$67,216,000 $36,194,000 

4. MN, 

ND 

Fargo-Moorhead Metro Dec. 19, 

2011 

$801,542,000 $979,806,000 

5. KY Ohio River 

Shoreline, 

Paducah 

May 16, 

2012 

$12,893,000 $6,943,000 

1 (3) HURRICANE AND STORM DAMAGE RISK RE2 DUCTION.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Initial 

Federal 

Cost and 

Estimated 

Total 

Federal 

Cost for Life 

of Project 

E. 

Estimated 

Initial 

Non-Federal 

Cost and 

Estimated 

Total 

Non-Federal 

Cost for Life 

of Project 

1. NC West Onslow 

Beach and 

New River 

Inlet (Topsail Beach) 

Sept. 28, 

2009 

Initial Cost: 

$30,557,000 

Total Cost: 

$132,372,000 

Initial Cost: 

$17,315,000 

Total Cost: 

$132,372,000 

2. NC Surf City and 

North Topsail Beach 

Dec. 30, 

2010 

Initial Cost: 

$81,484,000 

Total Cost: 

$106,182,000 

Initial Cost: 

$43,900,000 

Total Cost: 

$106,182,000 

3. CA San Clemente 

Shoreline 

April 5, 

2012 

Initial Cost: 

$7,500,000 

Total Cost: 

$43,400,000 

Initial Cost: 

$4,000,000 

Total Cost: 

$43,400,000 

3 (4) HURRICANE AND STORM DAMAGE RISK RE4 DUCTION AND ENVIRONMENTAL RESTORATION.— 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Federal 

Cost 

E. 

Estimated 

Non-Federal 

Cost 

1. MS Mississippi 

Coastal 

Improvement Program 

(MSCIP) 

Hancock, 

Harrison, 

and Jackson Counties 

Sept. 15, 

2009 

$815,090,000 $438,890,000 

1 (5) ENVIRONMENTAL RESTORATION.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Federal 

Cost 

E. 

Estimated 

Non-Federal 

Cost 

1. MD Mid-Chesapeake Bay 

Island 

Aug. 24, 

2009 

$1,221,721,000 $657,849,000 

2. FL Central and 

Southern 

Florida 

Project, 

Comprehensive 

Everglades 

Restoration Plan, 

Caloosahatchee River 

(C–43) 

West Basin 

Storage 

Project, 

Hendry 

County 

March 11, 

2010 

$297,189,000 $297,189,000 

3. LA Louisiana 

Coastal 

Area 

Dec. 30, 

2010 

$954,452,000 $513,936,000 

4. MN Marsh Lake Dec. 30, 

2011 

$6,403,000 $3,564,000 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Federal 

Cost 

E. 

Estimated 

Non-Federal 

Cost 

5. FL Central and 

Southern 

Florida 

Project, 

Comprehensive 

Everglades 

Restoration Plan, 

C–111 

Spreader 

Canal 

Western 

Project 

Jan. 30, 

2012 

$88,992,000 $88,992,000 

6. FL CERP Biscayne Bay 

Coastal 

Wetland, 

Florida 

May 2, 

2012 

$96,209,000 $96,209,000 

7. FL Central and 

Southern 

Florida 

Project, 

Broward 

County 

Water Preserve Area 

May 21, 

2012 

$433,353,500 $433,353,500 

8. LA Louisiana 

Coastal 

AreaBarataria 

Basin Barrier 

June 22, 

2012 

$283,567,000 $152,690,000 

9. NC Neuse River 

Basin 

April 23, 

2013 

$23,253,100 $12,520,900 

1 SEC. 402. PROJECT MODIFICATIONS. 

2 (a) MIAMI HARBOR, MIAMI-DADE COUNTY, FLOR3 IDA.— 


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1 (1) IN GENERAL.—The project for navigation, 

2 Miami Harbor, Miami-Dade County, Florida, au3 thorized by section 1001(17) of the Water Resources 

4 Development Act of 2007 (121 Stat. 1052), is modi5 fied to authorize the Secretary to construct the 

6 project at a total cost of $152,510,000, with an esti7 mated Federal cost of $92,007,000 and a non-Fed8 eral cost of $60,503,000. 

9 (2) APPLICABILITY.—Paragraph (1) shall take 

10 effect on November 8, 2007. 

11 (b) LITTLE CALUMET RIVER BASIN (CADY MARSH

12 DITCH), INDIANA.—The project for flood control, Little 

13 Calumet River Basin (Cady Marsh Ditch), Indiana, au14 thorized by section 401(a) of the Water Resources Devel15 opment Act of 1986 (100 Stat. 4115), and modified by 

16 section 127 of Public Law 109–103 (119 Stat. 2259), is 

17 further modified to authorize the Secretary to construct 

18 the project at a total cost of $269,988,000, with an esti19 mated Federal cost of $202,800,000 and a non-Federal 

20 cost of $67,188,000. 

Passed the House of Representatives October 23, 

2013. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 224 

113TH CONGRESS 

1ST SESSION H. R. 3080 

AN ACT 

To provide for improvements to the rivers and harresources, and for other purposes. servation and development of water and related bors of the United States, to provide for the conOCTOBER 28, 2013 

Received; read twice and placed on the calendar 


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