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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3080 Engrossed Amendment Senate (EAS)]

                  In the Senate of the United States,

                                                      October 31, 2013.
    Resolved, That the bill from the House of Representatives (H.R. 
3080) entitled ``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.'', 
do pass with the following

                               AMENDMENT:

            Strike all after the enacting clause and insert the 
      following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Water Resources 
Development Act of 2013''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.

                    TITLE I--WATER RESOURCE PROJECTS

Sec. 1001. Purposes.
Sec. 1002. Project authorizations.
Sec. 1003. Project review.
Sec. 1004. Future project authorizations.

                TITLE II--WATER RESOURCES POLICY REFORMS

Sec. 2001. Purposes.
Sec. 2002. Safety assurance review.
Sec. 2003. Continuing authority programs.
Sec. 2004. Continuing authority program prioritization.
Sec. 2005. Fish and wildlife mitigation.
Sec. 2006. Mitigation status report.
Sec. 2007. Independent peer review.
Sec. 2008. Operation and maintenance of navigation and hydroelectric 
                            facilities.
Sec. 2009. Hydropower at Corps of Engineers facilities.
Sec. 2010. Clarification of work-in-kind credit authority.
Sec. 2011. Transfer of excess work-in-kind credit.
Sec. 2012. Credit for in-kind contributions.
Sec. 2013. Credit in lieu of reimbursement.
Sec. 2014. Dam optimization.
Sec. 2015. Water supply.
Sec. 2016. Report on water storage pricing formulas.
Sec. 2017. Clarification of previously authorized work.
Sec. 2018. Consideration of Federal land in feasibility studies.
Sec. 2019. Planning assistance to States.
Sec. 2020. Vegetation management policy.
Sec. 2021. Levee certifications.
Sec. 2022. Restoration of flood and hurricane storm damage reduction 
                            projects.
Sec. 2023. Operation and maintenance of certain projects.
Sec. 2024. Dredging study.
Sec. 2025. Non-Federal project implementation pilot program.
Sec. 2026. Non-Federal implementation of feasibility studies.
Sec. 2027. Tribal partnership program.
Sec. 2028. Cooperative agreements with Columbia River Basin Indian 
                            tribes.
Sec. 2029. Military munitions response actions at civil works shoreline 
                            protection projects.
Sec. 2030. Beach nourishment.
Sec. 2031. Regional sediment management.
Sec. 2032. Study acceleration.
Sec. 2033. Project acceleration.
Sec. 2034. Feasibility studies.
Sec. 2035. Accounting and administrative expenses.
Sec. 2036. Determination of project completion.
Sec. 2037. Project partnership agreements.
Sec. 2038. Interagency and international support authority.
Sec. 2039. Acceptance of contributed funds to increase lock operations.
Sec. 2040. Emergency response to natural disasters.
Sec. 2041. Systemwide improvement frameworks.
Sec. 2042. Funding to process permits.
Sec. 2043. National riverbank stabilization and erosion prevention 
                            study and pilot program.
Sec. 2044. Hurricane and storm damage risk reduction prioritization.
Sec. 2045. Prioritization of ecosystem restoration efforts.
Sec. 2046. Special use permits.
Sec. 2047. Operations and maintenance on fuel taxed inland waterways.
Sec. 2048. Corrosion prevention.
Sec. 2049. Project deauthorizations.
Sec. 2050. Reports to Congress.
Sec. 2051. Indian Self-Determination and Education Assistance Act 
                            conforming amendment.
Sec. 2052. Invasive species review.
Sec. 2053. Wetlands conservation study.
Sec. 2054. Dam modification study.
Sec. 2055. Non-Federal plans to provide additional flood risk 
                            reduction.
Sec. 2056. Mississippi River forecasting improvements.
Sec. 2057. Flexibility in maintaining navigation.
Sec. 2058. Restricted areas at Corps of Engineers dams.
Sec. 2059. Maximum cost of projects.
Sec. 2060. Donald G. Waldon Lock and Dam.
Sec. 2061. Improving planning and administration of water supply 
                            storage.
Sec. 2062. Crediting authority for Federally authorized navigation 
                            projects.
Sec. 2063. River basin commissions.
Sec. 2064. Restriction on charges for certain surplus water.

                    TITLE III--PROJECT MODIFICATIONS

Sec. 3001. Purpose.
Sec. 3002. Chatfield Reservoir, Colorado.
Sec. 3003. Missouri River Recovery Implementation Committee expenses 
                            reimbursement.
Sec. 3004. Hurricane and storm damage reduction study.
Sec. 3005. Lower Yellowstone Project, Montana.
Sec. 3006. Project deauthorizations.
Sec. 3007. Raritan River Basin, Green Brook Sub-basin, New Jersey.
Sec. 3008. Red River Basin, Oklahoma, Texas, Arkansas, Louisiana.
Sec. 3009. Point Judith Harbor of Refuge, Rhode Island.
Sec. 3010. Land conveyance of Hammond Boat Basin, Warrenton, Oregon.
Sec. 3011. Metro East Flood Risk Management Program, Illinois.
Sec. 3012. Florida Keys water quality improvements.
Sec. 3013. Des Moines Recreational River and Greenbelt, Iowa.
Sec. 3014. Land conveyance, Craney Island Dredged Material Management 
                            Area, Portsmouth, Virginia.
Sec. 3015. Los Angeles County Drainage Area, California.
Sec. 3016. Oakland Inner Harbor Tidal Canal, California.
Sec. 3017. Redesignation of Lower Mississippi River Museum and 
                            Riverfront Interpretive Site.
Sec. 3018. Louisiana Coastal Area.
Sec. 3019. Four Mile Run, City of Alexandria and Arlington County, 
                            Virginia.
Sec. 3020. East Fork of Trinity River, Texas.
Sec. 3021. Seward Waterfront, Seward, Alaska.

                    TITLE IV--WATER RESOURCE STUDIES

Sec. 4001. Purpose.
Sec. 4002. Initiation of new water resources studies.
Sec. 4003. Applicability.

              TITLE V--REGIONAL AND NONPROJECT PROVISIONS

Sec. 5001. Purpose.
Sec. 5002. Northeast Coastal Region ecosystem restoration.
Sec. 5003. Chesapeake Bay Environmental Restoration and Protection 
                            Program.
Sec. 5004. Rio Grande environmental management program, Colorado, New 
                            Mexico, Texas.
Sec. 5005. Lower Columbia River and Tillamook Bay ecosystem 
                            restoration, Oregon and Washington.
Sec. 5006. Arkansas River, Arkansas and Oklahoma.
Sec. 5007. Aquatic invasive species prevention and management; Columbia 
                            River Basin.
Sec. 5008. Upper Missouri Basin flood and drought monitoring.
Sec. 5009. Upper Missouri Basin shoreline erosion prevention.
Sec. 5010. Northern Rockies headwaters extreme weather mitigation.
Sec. 5011. Aquatic nuisance species prevention, Great Lakes and 
                            Mississippi River Basin.
Sec. 5012. Middle Mississippi River pilot program.
Sec. 5013. Idaho, Montana, rural Nevada, New Mexico, rural Utah, and 
                            Wyoming.
Sec. 5014. Chesapeake Bay oyster restoration in Virginia and Maryland.
Sec. 5015. Missouri River between Fort Peck Dam, Montana and Gavins 
                            Point Dam, South Dakota and Nebraska.
Sec. 5016. Operations and maintenance of inland Mississippi River 
                            ports.
Sec. 5017. Remote and subsistence harbors.
Sec. 5018. Multiagency effort to slow the spread of Asian carp in the 
                            Upper Mississippi River and Ohio River 
                            basins and tributaries.
Sec. 5019. Release of use restrictions.
Sec. 5020. Rights and responsibilities of Cherokee Nation of Oklahoma 
                            regarding W.D. Mayo Lock and Dam, Oklahoma.
Sec. 5021. Upper Mississippi River protection.
Sec. 5022. Arctic Deep draft port development partnerships.
Sec. 5023. Greater Mississippi River Basin severe flooding and drought 
                            management study.
Sec. 5024. Cape Arundel Disposal Site, Maine.

                         TITLE VI--LEVEE SAFETY

Sec. 6001. Short title.
Sec. 6002. Findings; purposes.
Sec. 6003. Definitions.
Sec. 6004. National levee safety program.
Sec. 6005. National levee safety advisory board.
Sec. 6006. Inventory and inspection of levees.
Sec. 6007. Reports.
Sec. 6008. Effect of title.
Sec. 6009. Authorization of appropriations.

                      TITLE VII--INLAND WATERWAYS

Sec. 7001. Purposes.
Sec. 7002. Definitions.
Sec. 7003. Project delivery process reforms.
Sec. 7004. Major rehabilitation standards.
Sec. 7005. Inland waterways system revenues.
Sec. 7006. Efficiency of revenue collection.
Sec. 7007. GAO study, Olmsted Locks and Dam, Lower Ohio River, Illinois 
                            and Kentucky.
Sec. 7008. Olmsted Locks and Dam, Lower Ohio River, Illinois and 
                            Kentucky.

                     TITLE VIII--HARBOR MAINTENANCE

Sec. 8001. Short title.
Sec. 8002. Purposes.
Sec. 8003. Funding for harbor maintenance programs.
Sec. 8004. Harbor Maintenance Trust Fund prioritization.
Sec. 8005. Harbor maintenance trust fund study.

                          TITLE IX--DAM SAFETY

Sec. 9001. Short title.
Sec. 9002. Purpose.
Sec. 9003. Administrator.
Sec. 9004. Inspection of dams.
Sec. 9005. National Dam Safety Program.
Sec. 9006. Public awareness and outreach for dam safety.
Sec. 9007. Authorization of appropriations.

              TITLE X--INNOVATIVE FINANCING PILOT PROJECTS

Sec. 10001. Short title.
Sec. 10002. Purposes.
Sec. 10003. Definitions.
Sec. 10004. Authority to provide assistance.
Sec. 10005. Applications.
Sec. 10006. Eligible entities.
Sec. 10007. Projects eligible for assistance.
Sec. 10008. Activities eligible for assistance.
Sec. 10009. Determination of eligibility and project selection.
Sec. 10010. Secured loans.
Sec. 10011. Program administration.
Sec. 10012. State, tribal, and local permits.
Sec. 10013. Regulations.
Sec. 10014. Funding.
Sec. 10015. Report to Congress.
Sec. 10016. Use of American iron, steel, and manufactured goods.

                       TITLE XI--EXTREME WEATHER

Sec. 11001. Definition of resilient construction technique.
Sec. 11002. Study on risk reduction.
Sec. 11003. GAO study on management of flood, drought, and storm 
                            damage.
Sec. 11004. Post-disaster watershed assessments.
Sec. 11005. Authority to accept and expend non-Federal amounts.

              TITLE XII--NATIONAL ENDOWMENT FOR THE OCEANS

Sec. 12001. Short title.
Sec. 12002. Purposes.
Sec. 12003. Definitions.
Sec. 12004. National Endowment for the Oceans.
Sec. 12005. Eligible uses.
Sec. 12006. Grants.
Sec. 12007. Annual report.
Sec. 12008. Tulsa Port of Catoosa, Rogers County, Oklahoma land 
                            exchange.

                       TITLE XIII--MISCELLANEOUS

Sec. 13001. Applicability of Spill Prevention, Control, and 
                            Countermeasure rule.
Sec. 13002. America the Beautiful National Parks and Federal 
                            Recreational Lands Pass program.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of the 
Army.

                    TITLE I--WATER RESOURCE PROJECTS

SEC. 1001. PURPOSES.

    The purposes of this title are--
            (1) to authorize projects that--
                    (A) are the subject of a completed report of the 
                Chief of Engineers containing a determination that the 
                relevant project--
                            (i) is in the Federal interest;
                            (ii) results in benefits that exceed the 
                        costs of the project;
                            (iii) is environmentally acceptable; and
                            (iv) is technically feasible; and
                    (B) have been recommended to Congress for 
                authorization by the Assistant Secretary of the Army 
                for Civil Works; and
            (2) to authorize the Secretary--
                    (A) to review projects that require increased 
                authorization; and
                    (B) to request an increase of those authorizations 
                after--
                            (i) certifying that the increases are 
                        necessary; and
                            (ii) submitting to Congress reports on the 
                        proposed increases.

SEC. 1002. PROJECT AUTHORIZATIONS.

    The Secretary is authorized to carry out projects for water 
resources development, conservation, and other purposes, subject to the 
conditions that--
            (1) each project is carried out--
                    (A) substantially in accordance with the plan for 
                the project; and
                    (B) subject to any conditions described in the 
                report for the project; and
            (2)(A) a Report of the Chief of Engineers has been 
        completed; and
            (B) after November 8, 2007, but prior to the date of 
        enactment of this Act, the Assistant Secretary of the Army for 
        Civil Works has submitted to Congress a recommendation to 
        authorize construction of the project.

SEC. 1003. PROJECT REVIEW.

    (a) In General.--For a project that is authorized by Federal law as 
of the date of enactment of this Act, the Secretary may modify the 
authorized project cost set under section 902 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2280)--
            (1) by submitting the required certification and additional 
        information to Congress in accordance with subsection (b); and
            (2) after receiving an appropriation of funds in accordance 
        with subsection (b)(3)(B).
    (b) Requirements for Submission.--
            (1) Certification.--The certification to Congress under 
        subsection (a) shall include a certification by the Secretary 
        that--
                    (A) expenditures above the authorized cost of the 
                project are necessary to protect life and safety or 
                property, maintain critical navigation routes, or 
                restore ecosystems;
                    (B) the project continues to provide benefits 
                identified in the report of the Chief of Engineers for 
                the project; and
                    (C) for projects under construction--
                            (i) a temporary stop or delay resulting 
                        from a failure to increase the authorized cost 
                        of the project will increase costs to the 
                        Federal Government; and
                            (ii) the amount requested for the project 
                        in the budget of the President or included in a 
                        work plan for the expenditure of funds for the 
                        fiscal year during which the certification is 
                        submitted will exceed the authorized cost of 
                        the project.
            (2) Additional information.--The information provided to 
        Congress about the project under subsection (a) shall include, 
        at a minimum--
                    (A) a comprehensive review of the project costs and 
                reasons for exceeding the authorized limits set under 
                section 902 of the Water Resources Development Act of 
                1986 (33 U.S.C. 2280);
                    (B) an expedited analysis of the updated benefits 
                and costs of the project; and
                    (C) the revised cost estimate level for completing 
                the project.
            (3) Approval of congress.--The Secretary may not change the 
        authorized project costs under subsection (a) unless--
                    (A) a certification and required information is 
                submitted to Congress under subsection (b); and
                    (B) after such submission, amounts are appropriated 
                to initiate or continue construction of the project in 
                an appropriations or other Act.
    (c) De Minimis Amounts.--If the cost to complete construction of an 
authorized water resources project would exceed the limitations on the 
maximum cost of the project under section 902 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2280), the Secretary may complete 
construction of the project, notwithstanding the limitations imposed by 
that section if--
            (1) construction of the project is at least 70 percent 
        complete at the time the cost of the project is projected to 
        exceed the limitations; and
            (2) the Federal cost to complete construction is less than 
        $5,000,000.
    (d) Termination of Effectiveness.--The authority of the Secretary 
under this section terminates on the date that is 3 years after the 
date of enactment of this Act.

SEC. 1004. FUTURE PROJECT AUTHORIZATIONS.

    (a) Policy.--The benefits of water resource projects designed and 
carried out in an economically justifiable, environmentally acceptable, 
and technically sound manner are important to the economy and 
environment of the United States and recommendations to Congress 
regarding those projects should be expedited for approval in a timely 
manner.
    (b) Applicability.--The procedures under this section apply to 
projects for water resources development, conservation, and other 
purposes, subject to the conditions that--
            (1) each project is carried out--
                    (A) substantially in accordance with the plan 
                identified in the report of the Chief of Engineers for 
                the project; and
                    (B) subject to any conditions described in the 
                report for the project; and
            (2)(A) a report of the Chief of Engineers has been 
        completed; and
            (B) after the date of enactment of this Act, the Assistant 
        Secretary of the Army for Civil Works has submitted to Congress 
        a recommendation to authorize construction of the project.
    (c) Expedited Consideration.--
            (1) In general.--A bill shall be eligible for expedited 
        consideration in accordance with this subsection if the bill--
                    (A) authorizes a project that meets the 
                requirements described in subsection (b); and
                    (B) is referred to the Committee on Environment and 
                Public Works of the Senate.
            (2) Committee consideration.--
                    (A) In general.--Not later than January 31st of the 
                second session of each Congress, the Committee on 
                Environment and Public Works of the Senate shall--
                            (i) report all bills that meet the 
                        requirements of paragraph (1); or
                            (ii) introduce and report a measure to 
                        authorize any project that meets the 
                        requirements described in subsection (b).
                    (B) Failure to act.--Subject to subparagraph (C), 
                if the Committee fails to act on a bill that meets the 
                requirements of paragraph (1) by the date specified in 
                subparagraph (A), the bill shall be discharged from the 
                Committee and placed on the calendar of the Senate.
                    (C) Exceptions.--Subparagraph (B) shall not apply 
                if--
                            (i) in the 180-day period immediately 
                        preceding the date specified in subparagraph 
                        (A), the full Committee holds a legislative 
                        hearing on a bill to authorize all projects 
                        that meet the requirements described in 
                        subsection (b);
                            (ii)(I) the Committee favorably reports a 
                        bill to authorize all projects that meet the 
                        requirements described in subsection (b); and
                            (II) the bill described in subclause (I) is 
                        placed on the calendar of the Senate; or
                            (iii) a bill that meets the requirements of 
                        paragraph (1) is referred to the Committee not 
                        earlier than 30 days before the date specified 
                        in subparagraph (A).
    (d) Termination.--The procedures for expedited consideration under 
this section terminate on December 31, 2018.

                TITLE II--WATER RESOURCES POLICY REFORMS

SEC. 2001. PURPOSES.

    The purposes of this title are--
            (1) to reform the implementation of water resources 
        projects by the Corps of Engineers;
            (2) to make other technical changes to the water resources 
        policy of the Corps of Engineers; and
            (3) to implement reforms, including--
                    (A) enhancing the ability of local sponsors to 
                partner with the Corps of Engineers by ensuring the 
                eligibility of the local sponsors to receive and apply 
                credit for work carried out by the sponsors and 
                increasing the role of sponsors in carrying out Corps 
                of Engineers projects;
                    (B) ensuring continuing authority programs can 
                continue to meet important needs;
                    (C) encouraging the continuation of efforts to 
                modernize feasibility studies and establish targets for 
                expedited completion of feasibility studies;
                    (D) seeking efficiencies in the management of dams 
                and related infrastructure to reduce environmental 
                impacts while maximizing other benefits and project 
                purposes, such as flood control, navigation, water 
                supply, and hydropower;
                    (E) clarifying mitigation requirements for Corps of 
                Engineers projects and ensuring transparency in the 
                independent external review of those projects; and
                    (F) establishing an efficient and transparent 
                process for deauthorizing projects that have failed to 
                receive a minimum level of investment to ensure active 
                projects can move forward while reducing the backlog of 
                authorized projects.

SEC. 2002. SAFETY ASSURANCE REVIEW.

    Section 2035 of the Water Resources Development Act of 2007 (33 
U.S.C. 2344) is amended by adding at the end the following:
    ``(g) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to a safety assurance review conducted 
under this section.''.

SEC. 2003. CONTINUING AUTHORITY PROGRAMS.

    (a) Small River and Harbor Improvement Projects.--Section 107 of 
the River and Harbor Act of 1960 (33 U.S.C. 577) is amended--
            (1) in subsection (a), by striking ``$35,000,000'' and 
        inserting ``$50,000,000''; and
            (2) in subsection (b), by striking ``$7,000,000'' and 
        inserting ``$10,000,000''.
    (b) Shore Damage Prevention or Mitigation.--Section 111(c) of the 
River and Harbor Act of 1968 (33 U.S.C. 426i(c)) is amended by striking 
``$5,000,000'' and inserting ``$10,000,000''.
    (c) Regional Sediment Management.--
            (1) In general.--Section 204 of the Water Resources 
        Development Act of 1992 (33 U.S.C. 2326) is amended--
                    (A) in subsection (c)(1)(C), by striking 
                ``$5,000,000'' and inserting ``$10,000,000''; and
                    (B) in subsection (g), by striking ``$30,000,000'' 
                and inserting ``$50,000,000''.
            (2) Applicability.--Section 2037 of the Water Resources 
        Development Act of 2007 (121 Stat. 1094) is amended by added at 
        the end the following:
    ``(c) Applicability.--The amendment made by subsection (a) shall 
not apply to any project authorized under this Act if a report of the 
Chief of Engineers for the project was completed prior to the date of 
enactment of this Act.''.
    (d) Small Flood Control Projects.--Section 205 of the Flood Control 
Act of 1948 (33 U.S.C. 701s) is amended in the third sentence by 
striking ``$7,000,000'' and inserting ``$10,000,000''.
    (e) Project Modifications for Improvement of Environment.--Section 
1135(d) of the Water Resources Development Act of 1986 (33 U.S.C. 
2309a(d)) is amended--
            (1) in the second sentence, by striking ``Not more than 80 
        percent of the non-Federal may be'' and inserting ``The non-
        Federal share may be provided''; and
            (2) in the third sentence, by striking ``$5,000,000'' and 
        inserting ``$10,000,000''.
    (f) Aquatic Ecosystem Restoration.--Section 206(d) of the Water 
Resources Development Act of 1996 (33 U.S.C. 2330(d)) is amended by 
striking ``$5,000,000'' and inserting ``$10,000,000''.
    (g) Floodplain Management Services.--Section 206(d) of the Flood 
Control Act of 1960 (33 U.S.C. 709a) is amended by striking 
``$15,000,000'' and inserting ``$50,000,000''.

SEC. 2004. CONTINUING AUTHORITY PROGRAM PRIORITIZATION.

    (a) Definition of Continuing Authority Program Project.--In this 
section, the term ``continuing authority program'' means 1 of the 
following authorities:
            (1) Section 205 of the Flood Control Act of 1948 (33 U.S.C. 
        701s).
            (2) Section 111 of the River and Harbor Act of 1968 (33 
        U.S.C. 426i).
            (3) Section 206 of the Water Resources Development Act of 
        1996 (33 U.S.C. 2330).
            (4) Section 1135 of the Water Resources Development Act of 
        1986 (33 U.S.C. 2309a).
            (5) Section 107 of the River and Harbor Act of 1960 (33 
        U.S.C. 577).
            (6) Section 3 of the Act of August 13, 1946 (33 U.S.C. 
        426g).
    (b) Prioritization.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall publish in the Federal 
Register and on a publicly available website, the criteria the 
Secretary uses for prioritizing annual funding for continuing authority 
program projects.
    (c) Annual Report.--Not later than 1 year after the date of 
enactment of this Act and each year thereafter, the Secretary shall 
publish in the Federal Register and on a publicly available website, a 
report on the status of each continuing authority program, which, at a 
minimum, shall include--
            (1) the name and a short description of each active 
        continuing authority program project;
            (2) the cost estimate to complete each active project; and
            (3) the funding available in that fiscal year for each 
        continuing authority program.
    (d) Congressional Notification.--On publication in the Federal 
Register under subsections (b) and (c), the Secretary shall submit to 
the Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a copy of all information published under those 
subsections.

SEC. 2005. FISH AND WILDLIFE MITIGATION.

    (a) In General.--Section 906 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2283) is amended--
            (1) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in the first sentence--
                                    (I) by inserting ``for damages to 
                                ecological resources, including 
                                terrestrial and aquatic resources, 
                                and'' after ``mitigate'';
                                    (II) by inserting ``ecological 
                                resources and'' after ``impact on''; 
                                and
                                    (III) by inserting ``without the 
                                implementation of mitigation measures'' 
                                before the period; and
                            (ii) by inserting before the last sentence 
                        the following: ``If the Secretary determines 
                        that mitigation to in-kind conditions is not 
                        possible, the Secretary shall identify in the 
                        report the basis for that determination and the 
                        mitigation measures that will be implemented to 
                        meet the requirements of this section and the 
                        goals of section 307(a)(1) of the Water 
                        Resources Development Act of 1990 (33 U.S.C. 
                        2317(a)(1)).'';
                    (B) in paragraph (2)--
                            (i) in the heading, by striking ``Design'' 
                        and inserting ``Selection and design'';
                            (ii) by inserting ``select and'' after 
                        ``shall''; and
                            (iii) by inserting ``using a watershed 
                        approach'' after ``projects''; and
                    (C) in paragraph (3)--
                            (i) in subparagraph (A), by inserting ``, 
                        at a minimum,'' after ``complies with''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking clause (iii);
                                    (II) by redesignating clauses (iv) 
                                and (v) as clauses (v) and (vi), 
                                respectively; and
                                    (III) by inserting after clause 
                                (ii) the following:
                            ``(iii) for projects where mitigation will 
                        be carried out by the Secretary--
                                    ``(I) a description of the land and 
                                interest in land to be acquired for the 
                                mitigation plan;
                                    ``(II) the basis for a 
                                determination that the land and 
                                interests are available for 
                                acquisition; and
                                    ``(III) a determination that the 
                                proposed interest sought does not 
                                exceed the minimum interest in land 
                                necessary to meet the mitigation 
                                requirements for the project;
                            ``(iv) for projects where mitigation will 
                        be carried out through a third party mitigation 
                        arrangement in accordance with subsection (i)--
                                    ``(I) a description of the third 
                                party mitigation instrument to be used; 
                                and
                                    ``(II) the basis for a 
                                determination that the mitigation 
                                instrument can meet the mitigation 
                                requirements for the project;''; and
            (2) by adding at the end the following:
    ``(h) Programmatic Mitigation Plans.--
            ``(1) In general.--The Secretary may develop 1 or more 
        programmatic mitigation plans to address the potential impacts 
        to ecological resources, fish, and wildlife associated with 
        existing or future water resources development projects.
            ``(2) Use of mitigation plans.--The Secretary shall, to the 
        maximum extent practicable, use programmatic mitigation plans 
        developed in accordance with this subsection to guide the 
        development of a mitigation plan under subsection (d).
            ``(3) Non-federal plans.--The Secretary shall, to the 
        maximum extent practicable and subject to all conditions of 
        this subsection, use programmatic environmental plans developed 
        by a State, a body politic of the State, which derives its 
        powers from a State constitution, a government entity created 
        by State legislation, or a local government, that meet the 
        requirements of this subsection to address the potential 
        environmental impacts of existing or future water resources 
        development projects.
            ``(4) Scope.--A programmatic mitigation plan developed by 
        the Secretary or an entity described in paragraph (3) to 
        address potential impacts of existing or future water resources 
        development projects shall, to the maximum extent practicable--
                    ``(A) be developed on a regional, ecosystem, 
                watershed, or statewide scale;
                    ``(B) include specific goals for aquatic resource 
                and fish and wildlife habitat restoration, 
                establishment, enhancement, or preservation;
                    ``(C) identify priority areas for aquatic resource 
                and fish and wildlife habitat protection or 
                restoration;
                    ``(D) encompass multiple environmental resources 
                within a defined geographical area or focus on a 
                specific resource, such as aquatic resources or 
                wildlife habitat; and
                    ``(E) address impacts from all projects in a 
                defined geographical area or focus on a specific type 
                of project.
            ``(5) Consultation.--The scope of the plan shall be 
        determined by the Secretary or an entity described in paragraph 
        (3), as appropriate, in consultation with the agency with 
        jurisdiction over the resources being addressed in the 
        environmental mitigation plan.
            ``(6) Contents.--A programmatic environmental mitigation 
        plan may include--
                    ``(A) an assessment of the condition of 
                environmental resources in the geographical area 
                covered by the plan, including an assessment of recent 
                trends and any potential threats to those resources;
                    ``(B) an assessment of potential opportunities to 
                improve the overall quality of environmental resources 
                in the geographical area covered by the plan through 
                strategic mitigation for impacts of water resources 
                development projects;
                    ``(C) standard measures for mitigating certain 
                types of impacts;
                    ``(D) parameters for determining appropriate 
                mitigation for certain types of impacts, such as 
                mitigation ratios or criteria for determining 
                appropriate mitigation sites;
                    ``(E) adaptive management procedures, such as 
                protocols that involve monitoring predicted impacts 
                over time and adjusting mitigation measures in response 
                to information gathered through the monitoring;
                    ``(F) acknowledgment of specific statutory or 
                regulatory requirements that must be satisfied when 
                determining appropriate mitigation for certain types of 
                resources; and
                    ``(G) any offsetting benefits of self-mitigating 
                projects, such as ecosystem or resource restoration and 
                protection.
            ``(7) Process.--Before adopting a programmatic 
        environmental mitigation plan for use under this subsection, 
        the Secretary shall--
                    ``(A) for a plan developed by the Secretary--
                            ``(i) make a draft of the plan available 
                        for review and comment by applicable 
                        environmental resource agencies and the public; 
                        and
                            ``(ii) consider any comments received from 
                        those agencies and the public on the draft 
                        plan; and
                    ``(B) for a plan developed under paragraph (3), 
                determine, not later than 180 days after receiving the 
                plan, whether the plan meets the requirements of 
                paragraphs (4) through (6) and was made available for 
                public comment.
            ``(8) Integration with other plans.--A programmatic 
        environmental mitigation plan may be integrated with other 
        plans, including watershed plans, ecosystem plans, species 
        recovery plans, growth management plans, and land use plans.
            ``(9) Consideration in project development and 
        permitting.--If a programmatic environmental mitigation plan 
        has been developed under this subsection, any Federal agency 
        responsible for environmental reviews, permits, or approvals 
        for a water resources development project may use the 
        recommendations in that programmatic environmental mitigation 
        plan when carrying out the responsibilities of the agency under 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.).
            ``(10) Preservation of existing authorities.--Nothing in 
        this subsection limits the use of programmatic approaches to 
        reviews under the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
    ``(i) Third-party Mitigation Arrangements.--
            ``(1) Eligible activities.--In accordance with all 
        applicable Federal laws (including regulations), mitigation 
        efforts carried out under this section may include--
                    ``(A) participation in mitigation banking or other 
                third-party mitigation arrangements, such as--
                            ``(i) the purchase of credits from 
                        commercial or State, regional, or local agency-
                        sponsored mitigation banks; and
                            ``(ii) the purchase of credits from in-lieu 
                        fee mitigation programs; and
                    ``(B) contributions to statewide and regional 
                efforts to conserve, restore, enhance, and create 
                natural habitats and wetlands if the Secretary 
                determines that the contributions will ensure that the 
                mitigation requirements of this section and the goals 
                of section 307(a)(1) of the Water Resources Development 
                Act of 1990 (33 U.S.C. 2317(a)(1)) will be met.
            ``(2) Inclusion of other activities.--The banks, programs, 
        and efforts described in paragraph (1) include any banks, 
        programs, and efforts developed in accordance with applicable 
        law (including regulations).
            ``(3) Terms and conditions.--In carrying out natural 
        habitat and wetlands mitigation efforts under this section, 
        contributions to the mitigation effort may--
                    ``(A) take place concurrent with, or in advance of, 
                the commitment of funding to a project; and
                    ``(B) occur in advance of project construction only 
                if the efforts are consistent with all applicable 
                requirements of Federal law (including regulations) and 
                water resources development planning processes.
            ``(4) Preference.--At the request of the non-Federal 
        project sponsor, preference may be given, to the maximum extent 
        practicable, to mitigating an environmental impact through the 
        use of a mitigation bank, in-lieu fee, or other third-party 
        mitigation arrangement, if the use of credits from the 
        mitigation bank or in-lieu fee, or the other third-party 
        mitigation arrangement for the project has been approved by the 
        applicable Federal agency.
    ``(j) Use of Funds.--The Secretary may use funds made available for 
preconstruction engineering and design prior to authorization of 
project construction to satisfy mitigation requirements through third 
party mechanisms or to acquire interests in land necessary for meeting 
the mitigation requirements of this section.''.
    (b) Application.--The amendments made by subsection (a) shall not 
apply to a project for which a mitigation plan has been completed as of 
the date of enactment of this Act.
    (c) Technical Assistance.--
            (1) In general.--The Secretary may provide technical 
        assistance to States and local governments to establish third-
        party mitigation instruments, including mitigation banks and 
        in-lieu fee programs, that will help to target mitigation 
        payments to high-priority ecosystem restoration actions.
            (2) Requirements.--In providing technical assistance under 
        this subsection, the Secretary shall give priority to States 
        and local governments that have developed State, regional, or 
        watershed-based plans identifying priority restoration actions.
            (3) Mitigation instruments.--The Secretary shall seek to 
        ensure any technical assistance provided under this subsection 
        will support the establishment of mitigation instruments that 
        will result in restoration of high-priority areas identified in 
        the plans under paragraph (2).

SEC. 2006. MITIGATION STATUS REPORT.

    Section 2036(b) of the Water Resources Development Act of 2007 (33 
U.S.C. 2283a) is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following:
            ``(3) Information included.--In reporting the status of all 
        projects included in the report, the Secretary shall--
                    ``(A) use a uniform methodology for determining the 
                status of all projects included in the report;
                    ``(B) use a methodology that describes both a 
                qualitative and quantitative status for all projects in 
                the report; and
                    ``(C) provide specific dates for and participants 
                in the consultations required under section 
                906(d)(4)(B) of the Water Resources Development Act of 
                1986 (33 U.S.C. 2283(d)(4)(B)).''.

SEC. 2007. INDEPENDENT PEER REVIEW.

    (a) Timing of Peer Review.--Section 2034(b) of the Water Resources 
Development Act of 2007 (33 U.S.C. 2343(b)) is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following:
            ``(3) Reasons for timing.--If the Chief of Engineers does 
        not initiate a peer review for a project study at a time 
        described in paragraph (2), the Chief shall--
                    ``(A) not later than 7 days after the date on which 
                the Chief of Engineers determines not to initiate a 
                peer review--
                            ``(i) notify the Committee on Environment 
                        and Public Works of the Senate and the 
                        Committee on Transportation and Infrastructure 
                        of the House of Representatives of that 
                        decision; and
                            ``(ii) make publicly available, including 
                        on the Internet the reasons for not conducting 
                        the review; and
                    ``(B) include the reasons for not conducting the 
                review in the decision document for the project 
                study.''.
    (b) Establishment of Panels.--Section 2034(c) of the Water 
Resources Development Act of 2007 (33 U.S.C. 2343(c)) is amended by 
striking paragraph (4) and inserting the following:
            ``(4) Congressional and public notification.--Following the 
        identification of a project study for peer review under this 
        section, but prior to initiation of the review by the panel of 
        experts, the Chief of Engineers shall, not later than 7 days 
        after the date on which the Chief of Engineers determines to 
        conduct a review--
                    ``(A) notify the Committee on Environment and 
                Public Works of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives of the review; and
                    ``(B) make publicly available, including on the 
                Internet, information on--
                            ``(i) the dates scheduled for beginning and 
                        ending the review;
                            ``(ii) the entity that has the contract for 
                        the review; and
                            ``(iii) the names and qualifications of the 
                        panel of experts.''.
    (c) Recommendations of Panel.--Section 2034(f) of the Water 
Resources Development Act of 2007 (33 U.S.C. 2343(f)) is amended by 
striking paragraph (2) and inserting the following:
            ``(2) Public availability and submission to congress.--
        After receiving a report on a project study from a panel of 
        experts under this section, the Chief of Engineers shall make 
        available to the public, including on the Internet, and submit 
        to the Committee on Environment and Public Works of the Senate 
        and the Committee on Transportation and Infrastructure of the 
        House of Representatives--
                    ``(A) a copy of the report not later than 7 days 
                after the date on which the report is delivered to the 
                Chief of Engineers; and
                    ``(B) a copy of any written response of the Chief 
                of Engineers on recommendations contained in the report 
                not later than 3 days after the date on which the 
                response is delivered to the Chief of Engineers.
            ``(3) Inclusion in project study.--A report on a project 
        study from a panel of experts under this section and the 
        written response of the Chief of Engineers shall be included in 
        the final decision document for the project study.''.
    (d) Applicability.--Section 2034(h)(2) of the Water Resources 
Development Act of 2007 (33 U.S.C. 2343(h)(2)) is amended by striking 
``7 years'' and inserting ``12 years''.

SEC. 2008. OPERATION AND MAINTENANCE OF NAVIGATION AND HYDROELECTRIC 
              FACILITIES.

    (a) In General.--Section 314 of the Water Resources Development Act 
of 1990 (33 U.S.C. 2321) is amended--
            (1) by striking the heading and inserting the following:

``SEC. 314. OPERATION AND MAINTENANCE OF NAVIGATION AND HYDROELECTRIC 
              FACILITIES.'';

            (2) in the first sentence, by striking ``Activities 
        currently performed'' and inserting the following:
    ``(a) In General.--Activities currently performed'';
            (3) in the second sentence, by striking ``This section'' 
        and inserting the following:
    ``(b) Major Maintenance Contracts Allowed.--This section'';
            (4) in subsection (a) (as designated by paragraph (2)), by 
        inserting ``navigation or'' before ``hydroelectric''; and
            (5) by adding at the end the following:
    ``(c) Exclusion.--This section shall not--
            ``(1) apply to those navigation facilities that have been 
        or are currently under contract with a non-Federal interest to 
        perform operations and maintenance as of the date of enactment 
        of the Water Resources Development Act of 2013; and
            ``(2) prohibit the Secretary from contracting out future 
        commercial activities at those navigation facilities.''.
    (b) Clerical Amendment.--The table of contents contained in section 
1(b) of the Water Resources Development Act of 1990 (104 Stat. 4604) is 
amended by striking the item relating to section 314 and inserting the 
following:

``Sec. 314. Operation and maintenance of navigation and hydroelectric 
                            facilities.''.

SEC. 2009. HYDROPOWER AT CORPS OF ENGINEERS FACILITIES.

    (a) Findings.--Congress finds that--
            (1) in April 2012, the Oak Ridge National Laboratory of the 
        Department of Energy (referred to in this section as the ``Oak 
        Ridge Lab'') released a report finding that adding 
        hydroelectric power to the non-powered dams of the United 
        States has the potential to add more than 12 gigawatts of new 
        generating capacity;
            (2) the top 10 non-powered dams identified by the Oak Ridge 
        Lab as having the highest hydroelectric power potential could 
        alone supply 3 gigawatts of generating capacity;
            (3) of the 50 non-powered dams identified by the Oak Ridge 
        Lab as having the highest hydroelectric power potential, 48 are 
        Corps of Engineers civil works projects;
            (4) promoting non-Federal hydroelectric power at Corps of 
        Engineers civil works projects increases the taxpayer benefit 
        of those projects;
            (5) the development of non-Federal hydroelectric power at 
        Corps of Engineers civil works projects--
                    (A) can be accomplished in a manner that is 
                consistent with authorized project purposes and the 
                responsibilities of the Corps of Engineers to protect 
                the environment; and
                    (B) in many instances, may have additional 
                environmental benefits; and
            (6) the development of non-Federal hydroelectric power at 
        Corps of Engineers civil works projects could be promoted 
        through--
                    (A) clear and consistent lines of responsibility 
                and authority within and across Corps of Engineers 
                districts and divisions on hydroelectric power 
                development activities;
                    (B) consistent and corresponding processes for 
                reviewing and approving hydroelectric power 
                development; and
                    (C) developing a means by which non-Federal 
                hydroelectric power developers and stakeholders can 
                resolve disputes with the Corps of Engineers concerning 
                hydroelectric power development activities at Corps of 
                Engineers civil works projects.
    (b) Policy.--Congress declares that it is the policy of the United 
States that--
            (1) the development of non-Federal hydroelectric power at 
        Corps of Engineers civil works projects, including locks and 
        dams, shall be given priority;
            (2) Corps of Engineers approval of non-Federal 
        hydroelectric power at Corps of Engineers civil works projects, 
        including permitting required under section 14 of the Act of 
        March 3, 1899 (33 U.S.C. 408), shall be completed by the Corps 
        of Engineers in a timely and consistent manner; and
            (3) approval of hydropower at Corps of Engineers civil 
        works projects shall in no way diminish the other priorities 
        and missions of the Corps of Engineers, including authorized 
        project purposes and habitat and environmental protection.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act and each year thereafter, the Secretary shall submit to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report that, at a minimum, shall include--
            (1) a description of initiatives carried out by the 
        Secretary to encourage the development of hydroelectric power 
        by non-Federal entities at Corps of Engineers civil works 
        projects;
            (2) a list of all new hydroelectric power activities by 
        non-Federal entities approved at Corps of Engineers civil works 
        projects in that fiscal year, including the length of time the 
        Secretary needed to approve those activities;
            (3) a description of the status of each pending application 
        from non-Federal entities for approval to develop hydroelectric 
        power at Corps of Engineers civil works projects;
            (4) a description of any benefits or impacts to the 
        environment, recreation, or other uses associated with Corps of 
        Engineers civil works projects at which non-Federal entities 
        have developed hydroelectric power in the previous fiscal year; 
        and
            (5) the total annual amount of payments or other services 
        provided to the Corps of Engineers, the Treasury, and any other 
        Federal agency as a result of approved non-Federal hydropower 
        projects at Corps of Engineers civil works projects.

SEC. 2010. CLARIFICATION OF WORK-IN-KIND CREDIT AUTHORITY.

    (a) Non-Federal Cost Share.--Section 7007 of the Water Resources 
Development Act of 2007 (121 Stat. 1277) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``, on, or after'' after 
                ``before''; and
                    (B) by inserting ``, program,'' after ``study'' 
                each place it appears;
            (2) in subsections (b) and (e)(1), by inserting ``, 
        program,'' after ``study'' each place it appears; and
            (3) by striking subsection (d) and inserting the following:
    ``(d) Treatment of Credit Between Projects.--The value of any land, 
easements, rights-of-way, relocations, and dredged material disposal 
areas and the costs of planning, design, and construction work provided 
by the non-Federal interest that exceed the non-Federal cost share for 
a study, program, or project under this title may be applied toward the 
non-Federal cost share for any other study, program, or project carried 
out under this title.''.
    (b) Implementation.--Not later than 90 days after the date of 
enactment of this Act, the Secretary, in coordination with any relevant 
agencies of the State of Louisiana, shall establish a process by which 
to carry out the amendments made by subsection (a)(3).
    (c) Effective Date.--The amendments made by subsection (a) take 
effect on November 8, 2007.

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

    (a) In General.--Subject to subsection (b), the Secretary may apply 
credit for in-kind contributions provided by a non-Federal interest 
that is in excess of the required non-Federal cost-share for a water 
resources study or project toward the required non-Federal cost-share 
for a different water resources study or project.
    (b) Restrictions.--
            (1) In general.--Except for subsection (a)(4)(D)(i) of that 
        section, the requirements of section 221 of the Flood Control 
        Act of 1970 (42 U.S.C. 1962d-5b) (as amended by section 2012 of 
        this Act) shall apply to any credit under this section.
            (2) Conditions.--Credit in excess of the non-Federal cost-
        share for a study or project may be approved under this section 
        only if--
                    (A) the non-Federal interest submits a 
                comprehensive plan to the Secretary that identifies--
                            (i) the studies and projects for which the 
                        non-Federal interest intends to provide in-kind 
                        contributions for credit that is in excess of 
                        the non-Federal cost share for the study or 
                        project; and
                            (ii) the studies and projects to which that 
                        excess credit would be applied;
                    (B) the Secretary approves the comprehensive plan; 
                and
                    (C) the total amount of credit does not exceed the 
                total non-Federal cost-share for the studies and 
                projects in the approved comprehensive plan.
    (c) Additional Criteria.--In evaluating a request to apply credit 
in excess of the non-Federal cost-share for a study or project toward a 
different study or project, the Secretary shall consider whether 
applying that credit will--
            (1) help to expedite the completion of a project or group 
        of projects;
            (2) reduce costs to the Federal Government; and
            (3) aid the completion of a project that provides 
        significant flood risk reduction or environmental benefits.
    (d) Termination of Authority.--The authority provided in this 
section shall terminate 10 years after the date of enactment of this 
Act.
    (e) Report.--
            (1) Deadlines.--
                    (A) In general.--Not later than 2 years after the 
                date of enactment of this Act, and once every 2 years 
                thereafter, the Secretary shall submit to the Committee 
                on Environment and Public Works of the Senate and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives an interim report on the use 
                of the authority under this section.
                    (B) Final report.--Not later than 10 years after 
                the date of enactment of this Act, the Secretary shall 
                submit to the Committee on Environment and Public Works 
                of the Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives a final 
                report on the use of the authority under this section.
            (2) Inclusions.--The reports described in paragraph (1) 
        shall include--
                    (A) a description of the use of the authority under 
                this section during the reporting period;
                    (B) an assessment of the impact of the authority 
                under this section on the time required to complete 
                projects; and
                    (C) an assessment of the impact of the authority 
                under this section on other water resources projects.

SEC. 2012. CREDIT FOR IN-KIND CONTRIBUTIONS.

    (a) In General.--Section 221(a)(4) of the Flood Control Act of 1970 
(42 U.S.C. 1962d-5b(a)(4)) is amended--
            (1) in subparagraph (A), in the matter preceding clause (i) 
        by inserting ``or a project under an environmental 
        infrastructure assistance program'' after ``law'';
            (2) in subparagraph (C), by striking ``In any case'' and 
        all that follows through the period at the end and inserting 
        the following:
                            ``(i) Construction.--
                                    ``(I) In general.--In any case in 
                                which the non-Federal interest is to 
                                receive credit under subparagraph (A) 
                                for the cost of construction carried 
                                out by the non-Federal interest before 
                                execution of a partnership agreement 
                                and that construction has not been 
                                carried out as of the date of enactment 
                                of this subparagraph, the Secretary and 
                                the non-Federal interest shall enter 
                                into an agreement under which the non-
                                Federal interest shall carry out such 
                                work prior to the non-Federal interest 
                                initiating construction or issuing a 
                                written notice to proceed for the 
                                construction.
                                    ``(II) Eligibility.--Construction 
                                that is carried out after the execution 
                                of an agreement to carry out work 
                                described in subclause (I) and any 
                                design activities that are required for 
                                that construction, even if the design 
                                activity is carried out prior to the 
                                execution of the agreement to carry out 
                                work, shall be eligible for credit.
                            ``(ii) Planning.--
                                    ``(I) In general.--In any case in 
                                which the non-Federal interest is to 
                                receive credit under subparagraph (A) 
                                for the cost of planning carried out by 
                                the non-Federal interest before 
                                execution of a feasibility cost sharing 
                                agreement, the Secretary and the non-
                                Federal interest shall enter into an 
                                agreement under which the non-Federal 
                                interest shall carry out such work 
                                prior to the non-Federal interest 
                                initiating that planning.
                                    ``(II) Eligibility.--Planning that 
                                is carried out by the non-Federal 
                                interest after the execution of an 
                                agreement to carry out work described 
                                in subclause (I) shall be eligible for 
                                credit.'';
            (3) in subparagraph (D)(iii), by striking ``sections 101 
        and 103'' and inserting ``sections 101(a)(2) and 103(a)(1)(A) 
        of the Water Resources Development Act of 1986 (33 U.S.C. 
        2211(a)(2); 33 U.S.C. 2213(a)(1)(A))'';
            (4) by redesignating subparagraph (E) as subparagraph (H);
            (5) by inserting after subparagraph (D) the following:
                    ``(E) Analysis of costs and benefits.--In the 
                evaluation of the costs and benefits of a project, the 
                Secretary shall not consider construction carried out 
                by a non-Federal interest under this subsection as part 
                of the future without project condition.
                    ``(F) Transfer of credit between separable elements 
                of a project.--Credit for in-kind contributions 
                provided by a non-Federal interest that are in excess 
                of the non-Federal cost share for an authorized 
                separable element of a project may be applied toward 
                the non-Federal cost share for a different authorized 
                separable element of the same project.
                    ``(G) Application of credit.--To the extent that 
                credit for in-kind contributions, as limited by 
                subparagraph (D), and credit for required land, 
                easements, rights-of-way, dredged material disposal 
                areas, and relocations provided by the non-Federal 
                interest exceed the non-Federal share of the cost of 
                construction of a project other than a navigation 
                project, the Secretary shall reimburse the difference 
                to the non-Federal interest, subject to the 
                availability of funds.''; and
            (6) in subparagraph (H) (as redesignated by paragraph 
        (4))--
                    (A) in clause (i), by inserting ``, and to water 
                resources projects authorized prior to the date of 
                enactment of the Water Resources Development Act of 
                1986 (Public Law 99-662), if correction of design 
                deficiencies is necessary'' before the period at the 
                end; and
                    (B) by striking clause (ii) and inserting the 
                following:
                                            ``(ii) Authorization in 
                                        addition to specific credit 
                                        provision.--In any case in 
                                        which a specific provision of 
                                        law authorizes credit for in-
                                        kind contributions provided by 
                                        a non-Federal interest before 
                                        the date of execution of a 
                                        partnership agreement, the 
                                        Secretary may apply the 
                                        authority provided in this 
                                        paragraph to allow credit for 
                                        in-kind contributions provided 
                                        by the non-Federal interest on 
                                        or after the date of execution 
                                        of the partnership 
                                        agreement.''.
    (b) Applicability.--Section 2003(e) of the Water Resources 
Development Act of 2007 (42 U.S.C. 1962d-5b) is amended--
            (1) by inserting ``, or construction of design deficiency 
        corrections on the project,'' after ``construction on the 
        project''; and
            (2) by inserting ``, or under which construction of the 
        project has not been completed and the work to be performed by 
        the non-Federal interests has not been carried out and is 
        creditable only toward any remaining non-Federal cost share,'' 
        after ``has not been initiated''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
take effect on November 8, 2007.
    (d) Guidelines.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall update any guidance 
        or regulations for carrying out section 221(a)(4) of the Flood 
        Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) (as amended by 
        subsection (a)) that are in existence on the date of enactment 
        of this Act or issue new guidelines, as determined to be 
        appropriate by the Secretary.
            (2) Inclusions.--Any guidance, regulations, or guidelines 
        updated or issued under paragraph (1) shall include, at a 
        minimum--
                    (A) the milestone for executing an in-kind 
                memorandum of understanding for construction by a non-
                Federal interest;
                    (B) criteria and procedures for evaluating a 
                request to execute an in-kind memorandum of 
                understanding for construction by a non-Federal 
                interest that is earlier than the milestone under 
                subparagraph (A) for that execution; and
                    (C) criteria and procedures for determining whether 
                work carried out by a non-Federal interest is integral 
                to a project.
            (3) Public and stakeholder participation.--Before issuing 
        any new or revised guidance, regulations, or guidelines or any 
        subsequent updates to those documents, the Secretary shall--
                    (A) consult with affected non-Federal interests;
                    (B) publish the proposed guidelines developed under 
                this subsection in the Federal Register; and
                    (C) provide the public with an opportunity to 
                comment on the proposed guidelines.
    (e) Other Credit.--Nothing in section 221(a)(4) of the Flood 
Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) (as amended by 
subsection (a)) affects any eligibility for credit under section 104 of 
the Water Resources Development of 1986 (33 U.S.C. 2214) that was 
approved by the Secretary prior to the date of enactment of this Act.

SEC. 2013. CREDIT IN LIEU OF REIMBURSEMENT.

    Section 211(e)(2) of the Water Resources Development Act of 1996 
(33 U.S.C. 701b-13(e)(2)) is amended by adding at the end the 
following:
                    ``(C) Studies or other projects.--On the request of 
                a non-Federal interest, in lieu of reimbursing a non-
                Federal interest the amount equal to the estimated 
                Federal share of the cost of an authorized flood damage 
                reduction project or a separable element of an 
                authorized flood damage reduction project under this 
                subsection that has been constructed by the non-Federal 
                interest under this section as of the date of enactment 
                of this Act, the Secretary may provide the non-Federal 
                interest with a credit in that amount, which the non-
                Federal interest may apply to the share of the cost of 
                the non-Federal interest of carrying out other flood 
                damage reduction projects or studies.''.

SEC. 2014. DAM OPTIMIZATION.

    (a) Definition of Other Related Project Benefits.--In this section, 
the term ``other related project benefits'' includes--
            (1) environmental protection and restoration, including 
        restoration of water quality and water flows, improving 
        movement of fish and other aquatic species, and restoration of 
        floodplains, wetlands, and estuaries;
            (2) increased water supply storage (except for any project 
        in the Apalachicola-Chattahoochee-Flint River system and the 
        Alabama-Coosa-Tallapoosa River system);
            (3) increased hydropower generation;
            (4) reduced flood risk;
            (5) additional navigation; and
            (6) improved recreation.
    (b) Program.--
            (1) In general.--The Secretary may carry out activities--
                    (A) to improve the efficiency of the operations and 
                maintenance of dams and related infrastructure operated 
                by the Corps of Engineers; and
                    (B) to maximize, to the extent practicable--
                            (i) authorized project purposes; and
                            (ii) other related project benefits.
            (2) Eligible activities.--An eligible activity under this 
        section is any activity that the Secretary would otherwise be 
        authorized to carry out that is designed to provide other 
        related project benefits in a manner that does not adversely 
        impact the authorized purposes of the project.
            (3) Impact on authorized purposes.--An activity carried out 
        under this section shall not adversely impact any of the 
        authorized purposes of the project.
            (4) Effect.--
                    (A) Existing agreements.--Nothing in this section--
                            (i) supersedes or modifies any written 
                        agreement between the Federal Government and a 
                        non-Federal interest that is in effect on the 
                        date of enactment of this Act; or
                            (ii) supersedes or authorizes any amendment 
                        to a multistate water-control plan, including 
                        the Missouri River Master Water Control Manual 
                        (as in effect on the date of enactment of this 
                        Act).
                    (B) Water rights.--Nothing in this section--
                            (i) affects any water right in existence on 
                        the date of enactment of this Act;
                            (ii) preempts or affects any State water 
                        law or interstate compact governing water; or
                            (iii) affects any authority of a State, as 
                        in effect on the date of enactment of this Act, 
                        to manage water resources within that State.
            (5) Other laws.--
                    (A) In general.--An activity carried out under this 
                section shall comply with all other applicable laws 
                (including regulations).
                    (B) Water supply.--Any activity carried out under 
                this section that results in any modification to water 
                supply storage allocations at a reservoir operated by 
                the Secretary shall comply with section 301 of the 
                Water Supply Act of 1958 (43 U.S.C. 390b).
    (c) Policies, Regulations, and Guidance.--The Secretary shall carry 
out a review of, and as necessary modify, the policies, regulations, 
and guidance of the Secretary to carry out the activities described in 
subsection (b).
    (d) Coordination.--
            (1) In general.--The Secretary shall--
                    (A) coordinate all planning and activities carried 
                out under this section with appropriate Federal, State, 
                and local agencies and those public and private 
                entities that the Secretary determines may be affected 
                by those plans or activities; and
                    (B) give priority to planning and activities under 
                this section if the Secretary determines that--
                            (i) the greatest opportunities exist for 
                        achieving the objectives of the program, as 
                        specified in subsection (b)(1), and
                            (ii) the coordination activities under this 
                        subsection indicate that there is support for 
                        carrying out those planning and activities.
            (2) Non-federal interests.--Prior to carrying out an 
        activity under this section, the Secretary shall consult with 
        any applicable non-Federal interest of the affected dam or 
        related infrastructure.
    (e) Reports.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act and every 2 years thereafter, the 
        Secretary shall submit to Congress a report describing the 
        actions carried out under this section.
            (2) Inclusions.--Each report under paragraph (1) shall 
        include--
                    (A) a schedule for reviewing the operations of 
                individual projects; and
                    (B) any recommendations of the Secretary on changes 
                that the Secretary determines to be necessary--
                            (i) to carry out existing project 
                        authorizations, including the deauthorization 
                        of any water resource project that the 
                        Secretary determines could more effectively be 
                        achieved through other means;
                            (ii) to improve the efficiency of water 
                        resource project operations; and
                            (iii) to maximize authorized project 
                        purposes and other related project benefits.
            (3) Updated report.--
                    (A) In general.--Not later than 2 years after the 
                date of enactment of this Act, the Secretary shall 
                update the report entitled ``Authorized and Operating 
                Purposes of Corps of Engineers Reservoirs'' and dated 
                July 1992, which was produced pursuant to section 311 
                of the Water Resources Development Act of 1990 (104 
                Stat. 4639).
                    (B) Inclusions.--The updated report described in 
                subparagraph (A) shall include--
                            (i) the date on which the most recent 
                        review of project operations was conducted and 
                        any recommendations of the Secretary relating 
                        to that review the Secretary determines to be 
                        significant; and
                            (ii) the dates on which the recommendations 
                        described in clause (i) were carried out.
    (f) Funding.--
            (1) In general.--The Secretary may use to carry out this 
        section amounts made available to the Secretary from--
                    (A) the general purposes and expenses account;
                    (B) the operations and maintenance account; and
                    (C) any other amounts that are appropriated to 
                carry out this section.
            (2) Funding from other sources.--The Secretary may accept 
        and expend amounts from non-Federal entities and other Federal 
        agencies to carry out this section.
    (g) Cooperative Agreements.--The Secretary may enter into 
cooperative agreements with other Federal agencies and non-Federal 
entities to carry out this section.

SEC. 2015. WATER SUPPLY.

    Section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b) is 
amended by adding at the end the following:
    ``(e) The Committees of jurisdiction are very concerned about the 
operation of projects in the Apalachicola-Chattahoochee-Flint River 
System and the Alabama-Coosa-Tallapoosa River System, and further, the 
Committees of jurisdiction recognize that this ongoing water resources 
dispute raises serious concerns related to the authority of the 
Secretary of the Army to allocate substantial storage at projects to 
provide local water supply pursuant to the Water Supply Act of 1958 
absent congressional approval. Interstate water disputes of this nature 
are more properly addressed through interstate water agreements that 
take into consideration the concerns of all affected States including 
impacts to other authorized uses of the projects, water supply for 
communities and major cities in the region, water quality, freshwater 
flows to communities, rivers, lakes, estuaries, and bays located 
downstream of projects, agricultural uses, economic development, and 
other appropriate concerns. To that end, the Committees of jurisdiction 
strongly urge the Governors of the affected States to reach agreement 
on an interstate water compact as soon as possible, and we pledge our 
commitment to work with the affected States to ensure prompt 
consideration and approval of any such agreement. Absent such action, 
the Committees of jurisdiction should consider appropriate legislation 
to address these matters including any necessary clarifications to the 
Water Supply Act of 1958 or other law. This subsection does not alter 
existing rights or obligations under law.''.

SEC. 2016. REPORT ON WATER STORAGE PRICING FORMULAS.

    (a) Findings.--Congress finds that--
            (1) due to the ongoing drought in many parts of the United 
        States, communities are looking for ways to enhance their water 
        storage on Corps of Engineer reservoirs so as to maintain a 
        reliable supply of water into the foreseeable future;
            (2) water storage pricing formulas should be equitable and 
        not create disparities between users; and
            (3) water pricing formulas should not be cost-prohibitive 
        for communities.
    (b) Assessment.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall initiate an assessment of the water storage 
        pricing formulas of the Corps of Engineers, which shall include 
        an assessment of--
                    (A) existing water storage pricing formulas of the 
                Corps of Engineers, in particular whether those 
                formulas produce water storage costs for some 
                beneficiaries that are greatly disparate from the costs 
                of other beneficiaries; and
                    (B) whether equitable water storage pricing 
                formulas could lessen the disparate impact and produce 
                more affordable water storage for potential 
                beneficiaries.
            (2) Report.--The Comptroller General of the United States 
        shall submit to Congress a report on the assessment carried out 
        under paragraph (1).

SEC. 2017. CLARIFICATION OF PREVIOUSLY AUTHORIZED WORK.

    (a) In General.--The Secretary may carry out measures to improve 
fish species habitat within the footprint and downstream of a water 
resources project constructed by the Secretary that includes a fish 
hatchery if the Secretary--
            (1) has been explicitly authorized to compensate for fish 
        losses associated with the project; and
            (2) determines that the measures are--
                    (A) feasible;
                    (B) consistent with authorized project purposes and 
                the fish hatchery; and
                    (C) in the public interest.
    (b) Cost Sharing.--
            (1) In general.--Subject to paragraph (2), the non-Federal 
        interest shall contribute 35 percent of the total cost of 
        carrying out activities under this section, including the costs 
        relating to the provision or acquisition of required land, 
        easements, rights-of-way, dredged material disposal areas, and 
        relocations.
            (2) Operation and maintenance.--The non-Federal interest 
        shall contribute 100 percent of the costs of operation, 
        maintenance, replacement, repair, and rehabilitation of a 
        project constructed under this section.
    (c) Authorization of Appropriations.--For each fiscal year, there 
is authorized to be appropriated to carry out this section $30,000,000.

SEC. 2018. CONSIDERATION OF FEDERAL LAND IN FEASIBILITY STUDIES.

    At the request of the non-Federal interest, the Secretary shall 
include as part of a regional or watershed study any Federal land that 
is located within the geographic scope of that study.

SEC. 2019. PLANNING ASSISTANCE TO STATES.

    Section 22 of the Water Resources Development Act of 1974 (42 
U.S.C. 1962d-16) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by inserting ``or other stakeholder 
                        working with a State'' after ``cooperate with 
                        any State''; and
                            (ii) by inserting ``, including plans to 
                        comprehensively address water resources 
                        challenges,'' after ``of such State''; and
                    (B) in paragraph (2)(A), by striking ``, at Federal 
                expense,'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``subsection 
                (a)(1)'' each place it appears and inserting 
                ``subsection (a)'';
                    (B) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively; and
                    (C) by inserting after paragraph (1) the following:
            ``(2) Contributed funds.--The Secretary may accept and 
        expend funds in excess of the fees established under paragraph 
        (1) that are provided by a State or other non-Federal public 
        body for assistance under this section.'' ; and
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking ``$10,000,000'' and 
                        inserting ``$30,000,000''; and
                            (ii) by striking ``$2,000,000'' and 
                        inserting ``$5,000,000 in Federal funds''; and
                    (B) in paragraph (2), by striking ``$5,000,000'' 
                and inserting ``$15,000,000''.

SEC. 2020. VEGETATION MANAGEMENT POLICY.

    (a) Definition of National Guidelines.--In this section, the term 
``national guidelines'' means the Corps of Engineers policy guidelines 
for management of vegetation on levees, including--
            (1) Engineering Technical Letter 1110-2-571 entitled 
        ``Guidelines for Landscape Planting and Vegetation Management 
        at Levees, Floodwalls, Embankment Dams, and Appurtenant 
        Structures'' and adopted April 10, 2009; and
            (2) the draft policy guidance letter entitled ``Process for 
        Requesting a Variance from Vegetation Standards for Levees and 
        Floodwalls'' (77 Fed. Reg. 9637 (Feb. 17, 2012)).
    (b) Review.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall carry out a comprehensive review of the 
national guidelines in order to determine whether current Federal 
policy relating to levee vegetation is appropriate for all regions of 
the United States.
    (c) Factors.--
            (1) In general.--In carrying out the review, the Secretary 
        shall consider--
                    (A) the varied interests and responsibilities in 
                managing flood risks, including the need--
                            (i) to provide for levee safety with 
                        limited resources; and
                            (ii) to ensure that levee safety 
                        investments minimize environmental impacts and 
                        provide corresponding public safety benefits;
                    (B) the levee safety benefits that can be provided 
                by woody vegetation;
                    (C) the preservation, protection, and enhancement 
                of natural resources, including--
                            (i) the benefit of vegetation on levees in 
                        providing habitat for endangered, threatened, 
                        and candidate species; and
                            (ii) the impact of removing levee 
                        vegetation on compliance with other regulatory 
                        requirements;
                    (D) protecting the rights of Indian tribes pursuant 
                to treaties and statutes;
                    (E) the available science and the historical record 
                regarding the link between vegetation on levees and 
                flood risk;
                    (F) the avoidance of actions requiring significant 
                economic costs and environmental impacts; and
                    (G) other factors relating to the factors described 
                in subparagraphs (A) through (F) identified in public 
                comments that the Secretary determines to be 
                appropriate.
            (2) Variance considerations.--
                    (A) In general.--In carrying out the review, the 
                Secretary shall specifically consider whether the 
                national guidelines can be amended to promote and allow 
                for consideration of variances from national guidelines 
                on a Statewide, tribal, regional, or watershed basis, 
                including variances based on--
                            (i) soil conditions;
                            (ii) hydrologic factors;
                            (iii) vegetation patterns and 
                        characteristics;
                            (iv) environmental resources, including 
                        endangered, threatened, or candidate species 
                        and related regulatory requirements;
                            (v) levee performance history, including 
                        historical information on original construction 
                        and subsequent operation and maintenance 
                        activities;
                            (vi) any effects on water supply;
                            (vii) any scientific evidence on the link 
                        between levee vegetation and levee safety;
                            (viii) institutional considerations, 
                        including implementation challenges;
                            (ix) the availability of limited funds for 
                        levee construction and rehabilitation;
                            (x) the economic and environmental costs of 
                        removing woody vegetation on levees; and
                            (xi) other relevant factors identified in 
                        public comments that the Secretary determines 
                        to be appropriate.
                    (B) Scope.--The scope of a variance approved by the 
                Secretary may include a complete exemption to national 
                guidelines, as the Secretary determines to be 
                necessary.
    (d) Cooperation and Consultation; Recommendations.--
            (1) In general.--The Secretary shall carry out the review 
        under this section in consultation with other applicable 
        Federal agencies, representatives of State, regional, local, 
        and tribal governments, appropriate nongovernmental 
        organizations, and the public.
            (2) Recommendations.--The Chief of Engineers and any State, 
        tribal, regional, or local entity may submit to the Secretary 
        any recommendations for vegetation management policies for 
        levees that conform with Federal and State laws, including 
        recommendations relating to the review of national guidelines 
        under subsection (b) and the consideration of variances under 
        subsection (c)(2).
    (e) Peer Review.--
            (1) In general.--As part of the review, the Secretary shall 
        solicit and consider the views of the National Academy of 
        Engineering and the National Academy of Sciences on the 
        engineering, environmental, and institutional considerations 
        underlying the national guidelines, including the factors 
        described in subsection (c) and any information obtained by the 
        Secretary under subsection (d).
            (2) Availability of views.--The views of the National 
        Academy of Engineering and the National Academy of Sciences 
        obtained under paragraph (1) shall be--
                    (A) made available to the public; and
                    (B) included in supporting materials issued in 
                connection with the revised national guidelines 
                required under subsection (f).
    (f) Revision of National Guidelines.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall--
                    (A) revise the national guidelines based on the 
                results of the review, including--
                            (i) recommendations received as part of the 
                        consultation described in subsection (d)(1); 
                        and
                            (ii) the results of the peer review 
                        conducted under subsection (e); and
                    (B) submit to Congress a report that contains a 
                summary of the activities of the Secretary and a 
                description of the findings of the Secretary under this 
                section.
            (2) Content; incorporation into manual.--The revised 
        national guidelines shall--
                    (A) provide a practical, flexible process for 
                approving Statewide, tribal, regional, or watershed 
                variances from the national guidelines that--
                            (i) reflect due consideration of the 
                        factors described in subsection (c); and
                            (ii) incorporate State, tribal, and 
                        regional vegetation management guidelines for 
                        specific areas that have been adopted through a 
                        formal public process; and
                    (B) be incorporated into the manual proposed under 
                section 5(c) of the Act entitled ``An Act authorizing 
                the construction of certain public works on rivers and 
                harbors for flood control, and for other purposes'', 
                approved August 18, 1941 (33 U.S.C. 701n(c)).
            (3) Failure to meet deadlines.--If the Secretary fails to 
        submit a report by the required deadline under this subsection, 
        the Secretary shall submit to the Committee on Environment and 
        Public Works of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives a detailed 
        explanation of--
                    (A) why the deadline was missed;
                    (B) solutions needed to meet the deadline; and
                    (C) a projected date for submission of the report.
    (g) Continuation of Work.--Concurrent with the completion of the 
requirements of this section, the Secretary shall proceed without 
interruption or delay with those ongoing or programmed projects and 
studies, or elements of projects or studies, that are not directly 
related to vegetation variance policy.
    (h) Interim Actions.--
            (1) In general.--Until the date on which revisions to the 
        national guidelines are adopted in accordance with subsection 
        (f), the Secretary shall not require the removal of existing 
        vegetation as a condition or requirement for any approval or 
        funding of a project, or any other action, unless the specific 
        vegetation has been demonstrated to present an unacceptable 
        safety risk.
            (2) Revisions.--Beginning on the date on which the 
        revisions to the national guidelines are adopted in accordance 
        with subsection (f), the Secretary shall consider, on request 
        of an affected entity, any previous action of the Corps of 
        Engineers in which the outcome was affected by the former 
        national guidelines.

SEC. 2021. LEVEE CERTIFICATIONS.

    (a) Implementation of Flood Protection Structure Accreditation Task 
Force.--In carrying out section 100226 of the Biggert-Waters Flood 
Insurance Reform Act of 2012 (42 U.S.C. 4101 note; 126 Stat. 942), the 
Secretary shall--
            (1) ensure that at least 1 program activity carried out 
        under the inspection of completed works program of the Corps of 
        Engineers provides adequate information to the Secretary to 
        reach a levee accreditation decision for each requirement under 
        section 65.10 of title 44, Code of Federal Regulations (or 
        successor regulation); and
            (2) to the maximum extent practicable, carry out activities 
        under the inspection of completed works program of the Corps of 
        Engineers in alignment with the schedule established for the 
        national flood insurance program established under chapter 1 of 
        the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et 
        seq.).
    (b) Accelerated Levee System Evaluations and Certifications.--
            (1) In general.--On receipt of a request from a non-Federal 
        interest, the Secretary may carry out a levee system evaluation 
        and certification of a federally authorized levee for purposes 
        of the national flood insurance program established under 
        chapter 1 of the National Flood Insurance Act of 1968 (42 
        U.S.C. 4011 et seq.) if the evaluation and certification will 
        be carried out earlier than such an evaluation and 
        certification would be carried out under subsection (a).
            (2) Requirements.--A levee system evaluation and 
        certification under paragraph (1) shall--
                    (A) at a minimum, comply with section 65.10 of 
                title 44, Code of Federal Regulations (as in effect on 
                the date of enactment of this Act); and
                    (B) be carried out in accordance with such 
                procedures as the Secretary, in consultation with the 
                Director of the Federal Emergency Management Agency, 
                may establish.
            (3) Cost sharing.--
                    (A) Non-federal share.--Subject to subparagraph 
                (B), the non-Federal share of the cost of carrying out 
                a levee system evaluation and certification under this 
                subsection shall be 35 percent.
                    (B) Adjustment.--The Secretary shall adjust the 
                non-Federal share of the cost of carrying out a levee 
                system evaluation and certification under this 
                subsection in accordance with section 103(m) of the 
                Water Resources Development Act of 1986 (33 U.S.C. 
                2213(m)).
            (4) Application.--Nothing in this subsection affects the 
        requirement under section 100226(b)(2) of the Biggert-Waters 
        Flood Insurance Reform Act of 2012 (42 U.S.C. 4101 note; 126 
        Stat. 942).

SEC. 2022. RESTORATION OF FLOOD AND HURRICANE STORM DAMAGE REDUCTION 
              PROJECTS.

    (a) In General.--The Secretary shall carry out any measures 
necessary to repair or restore federally authorized flood and hurricane 
and storm damage reduction projects constructed by the Corps of 
Engineers to authorized levels (as of the date of enactment of this 
Act) of protection for reasons including settlement, subsidence, sea 
level rise, and new datum, if the Secretary determines the necessary 
work is technically feasible, environmentally acceptable, and 
economically justified.
    (b) Cost Share.--The non-Federal share of the cost of construction 
of a project carried out under this section shall be determined as 
provided in subsections (a) through (d) of section 103 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2213).
    (c) Operations and Maintenance.--The non-Federal share of the cost 
of operations, maintenance, repair, replacement, and rehabilitation for 
a project carried out under this section shall be 100 percent.
    (d) Eligibility of Projects Transferred to Non-Federal Interest.--
The Secretary may carry out measures described in subsection (a) on a 
water resources project, separable element of a project, or functional 
component of a project that has been transferred to the non-Federal 
interest.
    (e) Report to Congress.--Not later than 8 years after the date of 
enactment of this Act, the Secretary shall submit to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report on the implementation of this section, including--
            (1) any recommendations relating to the continued need for 
        the authority provided in this section;
            (2) a description of the measures carried out under this 
        section;
            (3) any lessons learned relating to the measures 
        implemented under this section; and
            (4) best practices for carrying out measures to restore 
        flood and hurricane and storm damage reduction projects.
    (f) Termination of Authority.--The authority to carry out a measure 
under this section terminates on the date that is 10 years after the 
date of enactment of this Act.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $250,000,000.

SEC. 2023. OPERATION AND MAINTENANCE OF CERTAIN PROJECTS.

    The Secretary may assume operation and maintenance activities for a 
navigation channel that is deepened by a non-Federal interest prior to 
December 31, 2012, if--
            (1) the Secretary determines that the requirements under 
        paragraphs (2) and (3) of section 204(f) of the Water Resources 
        Development Act of 1986 (33 U.S.C. 2232(f)) are met;
            (2) the Secretary determines that the activities carried 
        out by the non-Federal interest in deepening the navigation 
        channel are economically justified and environmentally 
        acceptable; and
            (3) the deepening activities have been carried out on a 
        Federal navigation channel that--
                    (A) exists as of the date of enactment of this Act; 
                and
                    (B) has been authorized by Congress.

SEC. 2024. DREDGING STUDY.

    (a) In General.--The Secretary, in conjunction with other relevant 
Federal agencies and applicable non-Federal interests, shall carry out 
a study--
            (1) to compare domestic and international dredging markets, 
        including costs, technologies, and management approaches used 
        in each respective market, and determine the impacts of those 
        markets on dredging needs and practices in the United States;
            (2) to analyze past and existing practices, technologies, 
        and management approaches used in dredging in the United 
        States; and
            (3) to develop recommendations relating to the best 
        techniques, practices, and management approaches for dredging 
        in the United States.
    (b) Purposes.--The purposes of the study under this section are--
            (1) the identification of the best techniques, methods, and 
        technologies for dredging, including the evaluation of the 
        feasibility, cost, and benefits of--
                    (A) new dredging technologies; and
                    (B) improved dredging practices and techniques;
            (2) the appraisal of the needs of the United States for 
        dredging, including the need to increase the size of private 
        and Corps of Engineers dredging fleets to meet demands for 
        additional construction or maintenance dredging needed as of 
        the date of enactment of this Act and in the subsequent 20 
        years;
            (3) the identification of any impediments to dredging, 
        including any recommendations of appropriate alternatives for 
        responding to those impediments;
            (4) the assessment, including any recommendations of 
        appropriate alternatives, of the adequacy and effectiveness 
        of--
                    (A) the economic, engineering, and environmental 
                methods, models, and analyses used by the Chief of 
                Engineers and private dredging operations for dredging; 
                and
                    (B) the current cost structure of construction 
                contracts entered into by the Chief of Engineers;
            (5) the evaluation of the efficiency and effectiveness of 
        past, current, and alternative dredging practices and 
        alternatives to dredging, including agitation dredging; and
            (6) the identification of innovative techniques and cost-
        effective methods to expand regional sediment management 
        efforts, including the placement of dredged sediment within 
        river diversions to accelerate the creation of wetlands.
    (c) Study Team.--
            (1) In general.--The Secretary shall establish a study team 
        to assist the Secretary in planning, carrying out, and 
        reporting on the results of the study under this section.
            (2) Study team.--The study team established pursuant to 
        paragraph (1) shall--
                    (A) be appointed by the Secretary; and
                    (B) represent a broad spectrum of experts in the 
                field of dredging and representatives of relevant State 
                agencies and relevant non-Federal interests.
    (d) Public Comment Period.--The Secretary shall--
            (1) make available to the public, including on the 
        Internet, all draft and final study findings under this 
        section; and
            (2) allow for a public comment period of not less than 30 
        days on any draft study findings prior to issuing final study 
        findings.
    (e) Report to Congress.--Not later than 2 years after the date of 
enactment of this Act, and subject to available appropriations, the 
Secretary, in consultation with the study team established under 
subsection (c), shall submit a detailed report on the results of the 
study to the Committee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives.
    (f) Failure To Meet Deadlines.--If the Secretary does not complete 
the study under this section and submit a report to Congress under 
subsection (e) on or before the deadline described in that subsection, 
the Secretary shall notify Congress and describe why the study was not 
completed.

SEC. 2025. NON-FEDERAL PROJECT IMPLEMENTATION PILOT PROGRAM.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall establish and implement a 
pilot program to evaluate the cost-effectiveness and project delivery 
efficiency of allowing non-Federal interests to carry out flood risk 
management, hurricane and storm damage reduction, coastal harbor and 
channel inland navigation, and aquatic ecosystem restoration projects.
    (b) Purposes.--The purposes of the pilot program are--
            (1) to identify project delivery and cost-saving 
        alternatives that reduce the backlog of authorized Corps of 
        Engineers projects;
            (2) to evaluate the technical, financial, and 
        organizational efficiencies of a non-Federal interest carrying 
        out the design, execution, management, and construction of 1 or 
        more projects; and
            (3) to evaluate alternatives for the decentralization of 
        the project management, design, and construction for authorized 
        Corps of Engineers water resources projects.
    (c) Administration.--
            (1) In general.--In carrying out the pilot program, the 
        Secretary shall--
                    (A) identify a total of not more than 15 projects 
                for flood risk management, hurricane and storm damage 
                reduction (including levees, floodwalls, flood control 
                channels, and water control structures), coastal harbor 
                and channels, inland navigation, and aquatic ecosystem 
                restoration that have been authorized for construction 
                prior to the date of enactment of this Act, including--
                            (i) not more than 12 projects that--
                                    (I)(aa) have received Federal funds 
                                prior to the date of enactment of this 
                                Act; or
                                    (bb) for more than 2 consecutive 
                                fiscal years, have an unobligated 
                                funding balance for that project in the 
                                Corps of Engineers construction 
                                account; and
                                    (II) to the maximum extent 
                                practicable, are located in each of the 
                                divisions of the Corps of Engineers; 
                                and
                            (ii) not more than 3 projects that have not 
                        received Federal funds in the period beginning 
                        on the date on which the project was authorized 
                        and ending on the date of enactment of this 
                        Act;
                    (B) notify the Committee on Environment and Public 
                Works of the Senate and the Committee on Transportation 
                and Infrastructure of the House of Representatives on 
                the identification of each project under the pilot 
                program;
                    (C) in collaboration with the non-Federal interest, 
                develop a detailed project management plan for each 
                identified project that outlines the scope, budget, 
                design, and construction resource requirements 
                necessary for the non-Federal interest to execute the 
                project, or a separable element of the project;
                    (D) on the request of the non-Federal interest, 
                enter into a project partnership agreement with the 
                non-Federal interest for the non-Federal interest to 
                provide full project management control for 
                construction of the project, or a separable element of 
                the project, in accordance with plans approved by the 
                Secretary;
                    (E) following execution of the project partnership 
                agreement, transfer to the non-Federal interest to 
                carry out construction of the project, or a separable 
                element of the project--
                            (i) if applicable, the balance of the 
                        unobligated amounts appropriated for the 
                        project, except that the Secretary shall retain 
                        sufficient amounts for the Corps of Engineers 
                        to carry out any responsibilities of the Corps 
                        of Engineers relating to the project and pilot 
                        program; and
                            (ii) additional amounts, as determined by 
                        the Secretary, from amounts made available 
                        under subsection (h), except that the total 
                        amount transferred to the non-Federal interest 
                        shall not exceed the updated estimate of the 
                        Federal share of the cost of construction, 
                        including any required design; and
                    (F) regularly monitor and audit each project being 
                constructed by a non-Federal interest under this 
                section to ensure that the construction activities are 
                carried out in compliance with the plans approved by 
                the Secretary and that the construction costs are 
                reasonable.
            (2) Detailed project schedule.--Not later than 180 days 
        after entering into an agreement under paragraph (1)(D), each 
        non-Federal interest, to the maximum extent practicable, shall 
        submit to the Secretary a detailed project schedule, based on 
        estimated funding levels, that lists all deadlines for each 
        milestone in the construction of the project.
            (3) Technical assistance.--On the request of a non-Federal 
        interest, the Secretary may provide technical assistance to the 
        non-Federal interest, if the non-Federal interest contracts 
        with and compensates the Secretary for the technical assistance 
        relating to--
                    (A) any study, engineering activity, and design 
                activity for construction carried out by the non-
                Federal interest under this section; and
                    (B) expeditiously obtaining any permits necessary 
                for the project.
    (d) Cost-share.--Nothing in this section affects the cost-sharing 
requirement applicable on the day before the date of enactment of this 
Act to a project carried out under this section.
    (e) Report.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Environment and Public Works of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives a report detailing the results of the pilot 
        program carried out under this section, including--
                    (A) a description of the progress of non-Federal 
                interests in meeting milestones in detailed project 
                schedules developed pursuant to subsection (c)(2); and
                    (B) any recommendations of the Secretary concerning 
                whether the program or any component of the program 
                should be implemented on a national basis.
            (2) Update.--Not later than 5 years after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Environment and Public Works of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives an update of the report described in paragraph 
        (1).
            (3) Failure to meet deadline.--If the Secretary fails to 
        submit a report by the required deadline under this subsection, 
        the Secretary shall submit to the Committee on Environment and 
        Public Works of the Senate and the Committee on Transportation 
        Infrastructure of the House of Representatives a detailed 
        explanation of why the deadline was missed and a projected date 
        for submission of the report.
    (f) Administration.--All laws and regulations that would apply to 
the Secretary if the Secretary were carrying out the project shall 
apply to a non-Federal interest carrying out a project under this 
section.
    (g) Termination of Authority.--The authority to commence a project 
under this section terminates on the date that is 5 years after the 
date of enactment of this Act.
    (h) Authorization of Appropriations.--In addition to any amounts 
appropriated for a specific project, there is authorized to be 
appropriated to the Secretary to carry out the pilot program under this 
section, including the costs of administration of the Secretary, 
$25,000,000 for each of fiscal years 2014 through 2018.

SEC. 2026. NON-FEDERAL IMPLEMENTATION OF FEASIBILITY STUDIES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall establish and implement a 
pilot program to evaluate the cost-effectiveness and project delivery 
efficiency of allowing non-Federal interests to carry out feasibility 
studies for flood risk management, hurricane and storm damage 
reduction, aquatic ecosystem restoration, and coastal harbor and 
channel and inland navigation.
    (b) Purposes.--The purposes of the pilot program are--
            (1) to identify project delivery and cost-saving 
        alternatives to the existing feasibility study process;
            (2) to evaluate the technical, financial, and 
        organizational efficiencies of a non-Federal interest carrying 
        out a feasibility study of 1 or more projects; and
            (3) to evaluate alternatives for the decentralization of 
        the project planning, management, and operational 
        decisionmaking process of the Corps of Engineers.
    (c) Administration.--
            (1) In general.--On the request of a non-Federal interest, 
        the Secretary may enter into an agreement with the non-Federal 
        interest for the non-Federal interest to provide full project 
        management control of a feasibility study for a project for--
                    (A) flood risk management;
                    (B) hurricane and storm damage reduction, including 
                levees, floodwalls, flood control channels, and water 
                control structures;
                    (C) coastal harbor and channel and inland 
                navigation; and
                    (D) aquatic ecosystem restoration.
            (2) Use of non-federal-funds.--
                    (A) In general.--A non-Federal interest that has 
                entered into an agreement with the Secretary pursuant 
                to paragraph (1) may use non-Federal funds to carry out 
                the feasibility study.
                    (B) Credit.--The Secretary shall credit towards the 
                non-Federal share of the cost of construction of a 
                project for which a feasibility study is carried out 
                under this section an amount equal to the portion of 
                the cost of developing the study that would have been 
                the responsibility of the Secretary, if the study were 
                carried out by the Secretary, subject to the conditions 
                that--
                            (i) non-Federal funds were used to carry 
                        out the activities that would have been the 
                        responsibility of the Secretary;
                            (ii) the Secretary determines that the 
                        feasibility study complies with all applicable 
                        Federal laws and regulations; and
                            (iii) the project is authorized by any 
                        provision of Federal law enacted after the date 
                        on which an agreement is entered into under 
                        paragraph (1).
            (3) Transfer of funds.--
                    (A) In general.--After the date on which an 
                agreement is executed pursuant to paragraph (1), the 
                Secretary may transfer to the non-Federal interest to 
                carry out the feasibility study--
                            (i) if applicable, the balance of any 
                        unobligated amounts appropriated for the study, 
                        except that the Secretary shall retain 
                        sufficient amounts for the Corps of Engineers 
                        to carry out any responsibilities of the Corps 
                        of Engineers relating to the project and pilot 
                        program; and
                            (ii) additional amounts, as determined by 
                        the Secretary, from amounts made available 
                        under subsection (h), except that the total 
                        amount transferred to the non-Federal interest 
                        shall not exceed the updated estimate of the 
                        Federal share of the cost of the feasibility 
                        study.
                    (B) Administration.--The Secretary shall include 
                such provisions as the Secretary determines to be 
                necessary in an agreement under paragraph (1) to ensure 
                that a non-Federal interest receiving Federal funds 
                under this paragraph--
                            (i) has the necessary qualifications to 
                        administer those funds; and
                            (ii) will comply with all applicable 
                        Federal laws (including regulations) relating 
                        to the use of those funds.
            (4) Notification.--The Secretary shall notify the Committee 
        on Environment and Public Works of the Senate and the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives on the initiation of each feasibility study 
        under the pilot program.
            (5) Auditing.--The Secretary shall regularly monitor and 
        audit each feasibility study carried out by a non-Federal 
        interest under this section to ensure that the use of any funds 
        transferred under paragraph (3) are used in compliance with the 
        agreement signed under paragraph (1).
            (6) Technical assistance.--On the request of a non-Federal 
        interest, the Secretary may provide technical assistance to the 
        non-Federal interest relating to any aspect of the feasibility 
        study, if the non-Federal interest contracts with the Secretary 
        for the technical assistance and compensates the Secretary for 
        the technical assistance.
            (7) Detailed project schedule.--Not later than 180 days 
        after entering into an agreement under paragraph (1), each non-
        Federal interest, to the maximum extent practicable, shall 
        submit to the Secretary a detailed project schedule, based on 
        full funding capability, that lists all deadlines for 
        milestones relating to the feasibility study.
    (d) Cost-share.--Nothing in this section affects the cost-sharing 
requirement applicable on the day before the date of enactment of this 
Act to a feasibility study carried out under this section.
    (e) Report.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Environment and Public Works of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives a report detailing the results of the pilot 
        program carried out under this section, including--
                    (A) a description of the progress of the non-
                Federal interests in meeting milestones in detailed 
                project schedules developed pursuant to subsection 
                (c)(7); and
                    (B) any recommendations of the Secretary concerning 
                whether the program or any component of the program 
                should be implemented on a national basis.
            (2) Update.--Not later than 5 years after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Environment and Public Works of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives an update of the report described in paragraph 
        (1).
            (3) Failure to meet deadline.--If the Secretary fails to 
        submit a report by the required deadline under this subsection, 
        the Secretary shall submit to the Committee on Environment and 
        Public Works of the Senate and the Committee on Transportation 
        Infrastructure of the House of Representatives a detailed 
        explanation of why the deadline was missed and a projected date 
        for submission of the report.
    (f) Administration.--All laws and regulations that would apply to 
the Secretary if the Secretary were carrying out the feasibility study 
shall apply to a non-Federal interest carrying out a feasibility study 
under this section.
    (g) Termination of Authority.--The authority to commence a 
feasibility study under this section terminates on the date that is 5 
years after the date of enactment of this Act.
    (h) Authorization of Appropriations.--In addition to any amounts 
appropriated for a specific project, there is authorized to be 
appropriated to the Secretary to carry out the pilot program under this 
section, including the costs of administration of the Secretary, 
$25,000,000 for each of fiscal years 2014 through 2018.

SEC. 2027. TRIBAL PARTNERSHIP PROGRAM.

    Section 203 of the Water Resources Development Act of 2000 (33 
U.S.C. 2269) is amended--
            (1) in subsection (d)(1)(B)--
                    (A) by striking ``The ability'' and inserting the 
                following:
                            ``(i) In general.--The ability''; and
                    (B) by adding at the end the following:
                            ``(ii) Determination.--Not later than 180 
                        days after the date of enactment of the Water 
                        Resources Development Act of 2013, the 
                        Secretary shall issue guidance on the 
                        procedures described in clause (i).''; and
            (2) in subsection (e), by striking ``2012'' and inserting 
        ``2023''.

SEC. 2028. COOPERATIVE AGREEMENTS WITH COLUMBIA RIVER BASIN INDIAN 
              TRIBES.

    The Secretary may enter into a cooperative agreement with 1 or more 
federally recognized Indian tribes (or a designated representative of 
the Indian tribes) that are located, in whole or in part, within the 
boundaries of the Columbia River Basin to carry out authorized 
activities within the Columbia River Basin to protect fish, wildlife, 
water quality, and cultural resources.

SEC. 2029. MILITARY MUNITIONS RESPONSE ACTIONS AT CIVIL WORKS SHORELINE 
              PROTECTION PROJECTS.

    (a) In General.--The Secretary may implement any response action 
the Secretary determines to be necessary at a site where--
            (1) the Secretary has carried out a project under civil 
        works authority of the Secretary that includes placing sand on 
        a beach;
            (2) as a result of the project described in paragraph (1), 
        military munitions that were originally released as a result of 
        Department of Defense activities are deposited on the beach, 
        posing a threat to human health or the environment.
    (b) Response Action Funding.--A response action described in 
subsection (a) shall be funded from amounts made available to the 
agency within the Department of Defense responsible for the original 
release of the munitions.

SEC. 2030. BEACH NOURISHMENT.

    Section 156 of the Water Resources Development Act of 1976 (42 
U.S.C. 1962d-5f) is amended to read as follows:

``SEC. 156. BEACH NOURISHMENT.

    ``(a) In General.--Subject to subsection (b)(2)(A), the Secretary 
of the Army, acting through the Chief of Engineers, may provide 
periodic beach nourishment for each water resources development project 
for which that nourishment has been authorized for an additional period 
of time, as determined by the Secretary, subject to the condition that 
the additional period shall not exceed the later of--
            ``(1) 50 years after the date on which the construction of 
        the project is initiated; or
            ``(2) the date on which the last estimated periodic 
        nourishment for the project is to be carried out, as 
        recommended in the applicable report of the Chief of Engineers.
    ``(b) Extension.--
            ``(1) In general.--Except as provided in paragraph (3), 
        before the date on which the 50-year period referred to in 
        subsection (a)(1) expires, the Secretary of the Army, acting 
        through the Chief of Engineers--
                    ``(A) may, at the request of the non-Federal 
                interest and subject to the availability of 
                appropriations, carry out a review of a nourishment 
                project carried out under subsection (a) to evaluate 
                the feasibility of continuing Federal participation in 
                the project for a period not to exceed 15 years; and
                    ``(B) shall submit to Congress any recommendations 
                of the Secretary relating to the review.
            ``(2) Plan for reducing risk to people and property.--
                    ``(A) In general.--The non-Federal interest shall 
                submit to the Secretary a plan for reducing the risk to 
                people and property during the life of the project.
                    ``(B) Inclusion in report to congress.--The 
                Secretary shall submit to Congress the plan described 
                in subparagraph (A) with the recommendations submitted 
                in paragraph (1)(B).
            ``(3) Review commenced within 2 years of expiration of 50-
        year period.--
                    ``(A) In general.--If the Secretary of the Army 
                commences a review under paragraph (1) not earlier than 
                the period beginning on the date that is 2 years before 
                the date on which the 50-year period referred to in 
                subsection (a)(1) expires and ending on the date on 
                which the 50-year period expires, the project shall 
                remain authorized after the expiration of the 50-year 
                period until the earlier of--
                            ``(i) 3 years after the expiration of the 
                        50-year period; or
                            ``(ii) the date on which a determination is 
                        made as to whether to extend Federal 
                        participation in the project in accordance with 
                        paragraph (1).
                    ``(B) Calculation of time period for extension.--
                Notwithstanding clauses (i) and (ii) of subparagraph 
                (A) and after a review under subparagraph (A) is 
                completed, if a determination is made to extend Federal 
                participation in the project in accordance with 
                paragraph (1) for a period not to exceed 15 years, that 
                period shall begin on the date on which the 
                determination is made.''.

SEC. 2031. REGIONAL SEDIMENT MANAGEMENT.

    Section 204 of the Water Resources Development Act of 1992 (33 
U.S.C. 2326) (as amended by section 2003(c)) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``or used in'' 
                after ``obtained through''; and
                    (B) in paragraph (3)(C), by inserting ``for the 
                purposes of improving environmental conditions in marsh 
                and littoral systems, stabilizing stream channels, 
                enhancing shorelines, and supporting State and local 
                risk management adaptation strategies'' before the 
                period at the end;
            (2) in subsection (c)(1)(B)--
                    (A) in clause (i), by striking ``clause (ii)'' and 
                inserting ``clauses (ii) and (iii)'';
                    (B) by redesignating clause (ii) as clause (iii); 
                and
                    (C) by inserting after clause (i) the following:
                            ``(ii) Reduction in non-federal share.--The 
                        Secretary may reduce the non-Federal share of 
                        the costs of construction of a project if the 
                        Secretary determines that, through the 
                        beneficial use of sediment at another Federal 
                        project, there will be an associated reduction 
                        or avoidance of Federal costs.'';
            (3) in subsection (d)--
                    (A) by striking the subsection designation and 
                heading and inserting the following:
    ``(d) Selection of Dredged Material Disposal Method for Purposes 
Related to Environmental Restoration or Storm Damage and Flood 
Reduction.--''; and
                    (B) in paragraph (1), by striking ``in relation 
                to'' and all that follows through the period at the end 
                and inserting ``in relation to--
                    ``(A) the environmental benefits, including the 
                benefits to the aquatic environment to be derived from 
                the creation of wetlands and control of shoreline 
                erosion; or
                    ``(B) the flood and storm damage and flood 
                reduction benefits, including shoreline protection, 
                protection against loss of life, and damage to improved 
                property.''; and
            (4) in subsection (e), by striking paragraph (1) and 
        inserting the following:
            ``(1) cooperate with any State or group of States in the 
        preparation of a comprehensive State or regional sediment 
        management plan within the boundaries of the State or among 
        States;''.

SEC. 2032. STUDY ACCELERATION.

    (a) Findings.--Congress finds that--
            (1) delays in the completion of feasibility studies--
                    (A) increase costs for the Federal Government as 
                well as State and local governments; and
                    (B) delay the implementation of water resources 
                projects that provide critical benefits, including 
                reducing flood risk, maintaining commercially important 
                flood risk, and restoring vital ecosystems; and
            (2) the efforts undertaken by the Corps of Engineers 
        through the establishment of the ``3-3-3'' planning process 
        should be continued.
    (b) Acceleration of Studies.--
            (1) In general.--Subject to paragraphs (2) and (3), a 
        feasibility study initiated after the date of enactment of this 
        Act shall--
                    (A) be completed not later than 3 years after the 
                date of initiation of the study; and
                    (B) have a maximum Federal cost share of 
                $3,000,000.
            (2) Ability to comply.--On initiating a feasibility study 
        under paragraph (1), the Secretary shall--
                    (A) certify that the study will comply with the 
                requirements of paragraph (1);
                    (B) for projects the Secretary determines to be too 
                complex to comply with the requirements of paragraph 
                (1)--
                            (i) not less than 30 days after making a 
                        determination, notify the non-Federal interest 
                        regarding the inability to comply; and
                            (ii) provide a new projected timeline and 
                        cost; and
                    (C) if the study conditions have changed such that 
                scheduled timelines or study costs will not be met--
                            (i) not later than 30 days after the study 
                        conditions change, notify the non-Federal 
                        interest of those changed conditions; and
                            (ii) present the non-Federal interest with 
                        a new timeline for completion and new projected 
                        study costs.
            (3) Appropriations.--
                    (A) In general.--All timeline and cost conditions 
                under this section shall be subject to the Secretary 
                receiving adequate appropriations for meeting study 
                timeline and cost requirements.
                    (B) Notification.--Not later than 60 days after 
                receiving appropriations, the Secretary shall notify 
                the non-Federal interest of any changes to timelines or 
                costs due to inadequate appropriations.
    (c) Report.--Not later than 18 months after the date of enactment 
of this Act and each year thereafter, the Secretary shall submit to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report that describes--
            (1) the status of the implementation of the ``3-3-3'' 
        planning process, including the number of participating 
        projects;
            (2) the amount of time taken to complete all studies 
        participating in the ``3-3-3'' planning process; and
            (3) any recommendations for additional authority necessary 
        to support efforts to expedite the feasibility study process 
        for water resource projects.

SEC. 2033. PROJECT ACCELERATION.

    Section 2045 of the Water Resources Development Act of 2007 (33 
U.S.C. 2348) is amended to read as follows:

``SEC. 2045. PROJECT ACCELERATION.

    ``(a) Definitions.--In this section:
            ``(1) Environmental impact statement.--The term 
        `environmental impact statement' means the detailed statement 
        of environmental impacts of water resource projects required to 
        be prepared pursuant to the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.).
            ``(2) Environmental review process.--
                    ``(A) In general.--The term `environmental review 
                process' means the process of preparing an 
                environmental impact statement, environmental 
                assessment, categorical exclusion, or other document 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) for a water resource project.
                    ``(B) Inclusions.--The term `environmental review 
                process' includes the process for and completion of any 
                environmental permit, approval, review, or study 
                required for a water resource project under any Federal 
                law other than the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
            ``(3) Federal jurisdictional agency.--The term `Federal 
        jurisdictional agency' means a Federal agency with jurisdiction 
        delegated by law, regulation, order, or otherwise over an 
        approval or decision required for a water resource project 
        under applicable Federal laws (including regulations).
            ``(4) Lead agency.--The term `lead agency' means the Corps 
        of Engineers and, if applicable, any State, local, or tribal 
        governmental entity serving as a joint lead agency pursuant to 
        section 1506.3 of title 40, Code of Federal Regulations (or a 
        successor regulation).
            ``(5) Water resource project.--The term `water resource 
        project' means a Corps of Engineers water resource project.
    ``(b) Policy.--The benefits of water resource projects designed and 
carried out in an economically and environmentally sound manner are 
important to the economy and environment of the United States, and 
recommendations to Congress regarding those projects should be 
developed using coordinated and efficient review and cooperative 
efforts to prevent or quickly resolve disputes during the planning of 
those water resource projects.
    ``(c) Applicability.--
            ``(1) In general.--The project planning procedures under 
        this section apply to proposed projects initiated after the 
        date of enactment of the Water Resources Development Act of 
        2013 and for which the Secretary determines that--
                    ``(A) an environmental impact statement is 
                required; or
                    ``(B) at the discretion of the Secretary, other 
                water resource projects for which an environmental 
                review process document is required to be prepared.
            ``(2) Flexibility.--Any authorities granted in this section 
        may be exercised, and any requirements established under this 
        section may be satisfied, for the planning of a water resource 
        project, a class of those projects, or a program of those 
        projects.
            ``(3) List of water resources development projects.--
                    ``(A) In general.--The Secretary shall annually 
                prepare, and make publicly available, a separate list 
                of each study that the Secretary has determined--
                            ``(i) meets the standards described in 
                        paragraph (1); and
                            ``(ii) does not have adequate funding to 
                        make substantial progress toward the completion 
                        of the planning activities for the water 
                        resource project.
                    ``(B) Inclusions.--The Secretary shall include for 
                each study on the list under subparagraph (A) a 
                description of the estimated amounts necessary to make 
                substantial progress on the study.
            ``(4) Implementation guidance.--The Secretary shall 
        prepare, in consultation with the Council on Environmental 
        Quality and other Federal agencies with jurisdiction over 
        actions or resources that may be impacted by a water resource 
        project, guidance documents that describe the coordinated 
        review processes that the Secretary will use to implement this 
        section for the planning of water resource projects, in 
        accordance with the civil works program of the Corps of 
        Engineers and all applicable law.
    ``(d) Water Resource Project Review Process.--
            ``(1) In general.--The Secretary shall develop and 
        implement a coordinated review process for the development of 
        water resource projects.
            ``(2) Coordinated review.--The coordinated review process 
        described in paragraph (1) shall require that any analysis, 
        opinion, permit, license, statement, and approval issued or 
        made by a Federal, State, or local governmental agency or an 
        Indian tribe for the planning of a water resource project 
        described in subsection (b) be conducted, to the maximum extent 
        practicable, concurrently with any other applicable 
        governmental agency or Indian tribe.
            ``(3) Timing.--The coordinated review process under this 
        subsection shall be completed not later than the date on which 
        the Secretary, in consultation and concurrence with the 
        agencies identified under subsection (e), establishes with 
        respect to the water resource project.
    ``(e) Identification of Jurisdictional Agencies.--With respect to 
the development of each water resource project, the Secretary shall 
identify, as soon as practicable, all Federal, State, and local 
government agencies and Indian tribes that may--
            ``(1) have jurisdiction over the water resource project;
            ``(2) be required by law to conduct or issue a review, 
        analysis, or opinion for the water resource project; or
            ``(3) be required to make a determination on issuing a 
        permit, license, or approval for the water resource project.
    ``(f) State Authority.--If the coordinated review process is being 
implemented under this section by the Secretary with respect to the 
planning of a water resource project described in subsection (c) within 
the boundaries of a State, the State, consistent with State law, may 
choose to participate in the process and to make subject to the process 
all State agencies that--
            ``(1) have jurisdiction over the water resource project;
            ``(2) are required to conduct or issue a review, analysis, 
        or opinion for the water resource project; or
            ``(3) are required to make a determination on issuing a 
        permit, license, or approval for the water resource project.
    ``(g) Lead Agencies.--
            ``(1) Federal lead agency.--Subject to paragraph (2), the 
        Corps of Engineers shall be the lead Federal agency in the 
        environmental review process for a water resource project.
            ``(2) Joint lead agencies.--
                    ``(A) In general.--At the discretion of the 
                Secretary and subject to any applicable regulations 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.), including the concurrence of the 
                proposed joint lead agency, an agency other than the 
                Corps of Engineers may serve as the joint lead agency.
                    ``(B) Non-federal interest as joint lead agency.--A 
                non-Federal interest that is a State or local 
                governmental entity--
                            ``(i) may, with the concurrence of the 
                        Secretary, serve as a joint lead agency with 
                        the Corps of Engineers for purposes of 
                        preparing any environmental document under the 
                        National Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.); and
                            ``(ii) may prepare any environmental review 
                        process document under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.) required in support of any action 
                        or approval by the Secretary if--
                                    ``(I) the Secretary provides 
                                guidance in the preparation process and 
                                independently evaluates that document
                                    ``(II) the non-Federal interest 
                                complies with all requirements 
                                applicable to the Secretary under--
                                            ``(aa) the National 
                                        Environmental Policy Act of 
                                        1969 (42 U.S.C. 4321 et seq.);
                                            ``(bb) any regulation 
                                        implementing that Act; and
                                            ``(cc) any other applicable 
                                        Federal law; and
                                    ``(III) the Secretary approves and 
                                adopts the document before the 
                                Secretary takes any subsequent action 
                                or makes any approval based on that 
                                document, regardless of whether the 
                                action or approval of the Secretary 
                                results in Federal funding.
            ``(3) Duties.--The Secretary shall ensure that--
                    ``(A) the non-Federal interest complies with all 
                design and mitigation commitments made jointly by the 
                Secretary and the non-Federal interest in any 
                environmental document prepared by the non-Federal 
                interest in accordance with this subsection; and
                    ``(B) any environmental document prepared by the 
                non-Federal interest is appropriately supplemented 
                under paragraph (2)(B) to address any changes to the 
                water resource project the Secretary determines are 
                necessary.
            ``(4) Adoption and use of documents.--Any environmental 
        document prepared in accordance with this subsection may be 
        adopted or used by any Federal agency making any approval to 
        the same extent that the Federal agency could adopt or use a 
        document prepared by another Federal agency under--
                    ``(A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    ``(B) parts 1500 through 1508 of title 40, Code of 
                Federal Regulations (or successor regulations).
            ``(5) Roles and responsibility of lead agency.--With 
        respect to the environmental review process for any water 
        resource project, the lead agency shall have authority and 
        responsibility--
                    ``(A) to take such actions as are necessary and 
                proper and within the authority and responsibility of 
                the lead agency to facilitate the expeditious 
                resolution of the environmental review process for the 
                water resource project; and
                    ``(B) to prepare or ensure that any required 
                environmental impact statement or other environmental 
                review document for a water resource project required 
                to be completed under the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.) is completed in 
                accordance with this section and applicable Federal 
                law.
    ``(h) Participating and Cooperating Agencies.--
            ``(1) Invitation.--
                    ``(A) In general.--The lead agency shall identify, 
                as early as practicable in the environmental review 
                process for a water resource project, any other Federal 
                or non-Federal agencies that may have an interest in 
                that project and invite those agencies to become 
                participating or cooperating agencies, as applicable, 
                in the environmental review process for the water 
                resource project.
                    ``(B) Procedures.--Section 1501.6 of title 40, Code 
                of Federal Regulations (as in effect on the date of 
                enactment of the Water Resources Development Act of 
                2013) shall govern the identification and the 
                participation of a cooperating agency under 
                subparagraph (A).
                    ``(C) Deadline.--An invitation to participate 
                issued under subparagraph (A) shall set a deadline by 
                which a response to the invitation shall be submitted, 
                which may be extended by the lead agency for good 
                cause.
            ``(2) Federal cooperating agencies.--Any Federal agency 
        that is invited by the lead agency to participate in the 
        environmental review process for a water resource project shall 
        be designated as a cooperating agency by the lead agency unless 
        the invited agency informs the lead agency, in writing, by the 
        deadline specified in the invitation that the invited agency--
                    ``(A)(i) has no jurisdiction or authority with 
                respect to the water resource project;
                    ``(ii) has no expertise or information relevant to 
                the water resource project; or
                    ``(iii) does not have adequate funds to participate 
                in the water resource project; and
                    ``(B) does not intend to submit comments on the 
                water resource project.
            ``(3) Effect of designation.--Designation as a 
        participating or cooperating agency under this subsection shall 
        not imply that the participating or cooperating agency--
                    ``(A) supports a proposed water resource project; 
                or
                    ``(B) has any jurisdiction over, or special 
                expertise with respect to evaluation of, the water 
                resource project.
            ``(4) Concurrent reviews.--Each cooperating agency shall--
                    ``(A) carry out the obligations of that agency 
                under other applicable law concurrently and in 
                conjunction with the required environmental review 
                process, unless doing so would impair the ability of 
                the Federal agency to conduct needed analysis or 
                otherwise carry out those obligations; and
                    ``(B) formulate and implement administrative, 
                policy, and procedural mechanisms to enable the agency 
                to ensure completion of the environmental review 
                process in a timely, coordinated, and environmentally 
                responsible manner.
    ``(i) Programmatic Compliance.--
            ``(1) In general.--The Secretary shall issue guidance 
        regarding the use of programmatic approaches to carry out the 
        environmental review process that--
                    ``(A) eliminates repetitive discussions of the same 
                issues;
                    ``(B) focuses on the actual issues ripe for 
                analyses at each level of review;
                    ``(C) establishes a formal process for coordinating 
                with cooperating agencies, including the creation of a 
                list of all data that is needed to carry out an 
                environmental review process; and
                    ``(D) complies with--
                            ``(i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.); and
                            ``(ii) all other applicable laws.
            ``(2) Requirements.--In carrying out paragraph (1), the 
        Secretary shall--
                    ``(A) as the first step in drafting guidance under 
                that paragraph, consult with relevant Federal and State 
                agencies, Indian tribes, and the public on the 
                appropriate use and scope of the programmatic 
                approaches;
                    ``(B) emphasize the importance of collaboration 
                among relevant Federal agencies, State agencies, and 
                Indian tribes in undertaking programmatic reviews, 
                especially with respect to including reviews with a 
                broad geographical scope;
                    ``(C) ensure that the programmatic reviews--
                            ``(i) promote transparency, including of 
                        the analyses and data used in the environmental 
                        review process, the treatment of any deferred 
                        issues raised by Federal, State, or tribal 
                        agencies, or the public, and the temporal and 
                        special scales to be used to analyze those 
                        issues;
                            ``(ii) use accurate and timely information 
                        in the environmental review process, 
                        including--
                                    ``(I) criteria for determining the 
                                general duration of the usefulness of 
                                the review; and
                                    ``(II) the timeline for updating 
                                any out-of-date review;
                            ``(iii) describe--
                                    ``(I) the relationship between 
                                programmatic analysis and future tiered 
                                analysis; and
                                    ``(II) the role of the public in 
                                the creation of future tiered analysis; 
                                and
                            ``(iv) are available to other relevant 
                        Federal and State agencies, Indian tribes, and 
                        the public;
                    ``(D) allow not fewer than 60 days of public notice 
                and comment on any proposed guidance; and
                    ``(E) address any comments received under 
                subparagraph (D).
    ``(j) Coordinated Reviews.--
            ``(1) Coordination plan.--
                    ``(A) Establishment.--
                            ``(i) In general.--The lead agency shall, 
                        after consultation with and with the 
                        concurrence of each cooperating agency for the 
                        water resource project and the non-Federal 
                        interest or joint lead agency, as applicable, 
                        establish a plan for coordinating public and 
                        agency participation in, and comment on, the 
                        environmental review process for a water 
                        resource project or a category of water 
                        resource projects.
                            ``(ii) Incorporation.--The plan established 
                        under clause (i) shall be incorporated into the 
                        project schedule milestones set under section 
                        905(g)(2) of the Water Resources Development 
                        Act of 1986 (33 U.S.C. 2282(g)(2)).
            ``(2) Comment deadlines.--The lead agency shall establish 
        the following deadlines for comment during the environmental 
        review process for a water resource project:
                    ``(A) Draft environmental impact statements.--For 
                comments by Federal and States agencies and the public 
                on a draft environmental impact statement, a period of 
                not more than 60 days after publication in the Federal 
                Register of notice of the date of public availability 
                of the draft environmental impact statement, unless--
                            ``(i) a different deadline is established 
                        by agreement of the lead agency, the non-
                        Federal interest, as applicable, and all 
                        participating and cooperating agencies; or
                            ``(ii) the deadline is extended by the lead 
                        agency for good cause.
                    ``(B) Other environmental review processes.--For 
                all comment periods established by the lead agency for 
                agency or public comments in the environmental review 
                process of an action within a program under the 
                authority of the lead agency other than for a draft 
                environmental impact statement, a period of not more 
                than 30 days after the date on which the materials on 
                which comment is requested are made available, unless--
                            ``(i) a different deadline is established 
                        by agreement of the lead agency, the non-
                        Federal interest, and all cooperating agencies; 
                        or
                            ``(ii) the deadline is extended by the lead 
                        agency for good cause.
            ``(3) Deadlines for decisions under other laws.--In any 
        case in which a decision under any Federal law relating to a 
        project, including the issuance or denial of a permit or 
        license, is required to be made by the date described in 
        subsection (k)(6)(B)(ii), the Secretary shall submit to the 
        Committee on Environment and Public Works of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives--
                    ``(A) as soon as practicable after the 180-day 
                period described in subsection (k)(6)(B)(ii), an 
                initial notice of the failure of the Federal agency to 
                make the decision; and
                    ``(B) every 60 days thereafter until such date as 
                all decisions of the Federal agency relating to the 
                project have been made by the Federal agency, an 
                additional notice that describes the number of 
                decisions of the Federal agency that remain outstanding 
                as of the date of the additional notice.
            ``(4) Involvement of the public.--Nothing in this 
        subsection reduces any time period provided for public comment 
        in the environmental review process under applicable Federal 
        law (including regulations).
    ``(k) Issue Identification and Resolution.--
            ``(1) Cooperation.--The lead agency, the cooperating 
        agencies, and any participating agencies shall work 
        cooperatively in accordance with this section to identify and 
        resolve issues that could delay completion of the environmental 
        review process or result in the denial of any approval required 
        for the water resource project under applicable laws.
            ``(2) Lead agency responsibilities.--
                    ``(A) In general.--The lead agency shall make 
                information available to the cooperating agencies and 
                participating agencies as early as practicable in the 
                environmental review process regarding the 
                environmental and socioeconomic resources located 
                within the water resource project area and the general 
                locations of the alternatives under consideration.
                    ``(B) Data sources.--The information under 
                subparagraph (A) may be based on existing data sources, 
                including geographic information systems mapping.
            ``(3) Cooperating and participating agency 
        responsibilities.--Based on information received from the lead 
        agency, cooperating and participating agencies shall identify, 
        as early as practicable, any issues of concern regarding the 
        potential environmental or socioeconomic impacts of the water 
        resource project, including any issues that could substantially 
        delay or prevent an agency from granting a permit or other 
        approval that is needed for the water resource project.
            ``(4) Interim decision on achieving accelerated 
        decisionmaking.--
                    ``(A) In general.--Not later than 45 days after the 
                close of the public comment period on a draft 
                environmental impact statement, the Secretary may 
                convene a meeting with the non-Federal interest or 
                joint lead agency, as applicable, relevant resource 
                agencies, and relevant Federal and State agencies to 
                establish a schedule of deadlines to complete decisions 
                regarding the water resource project.
                    ``(B) Deadlines.--
                            ``(i) In general.--The deadlines referred 
                        to in subparagraph (A) shall be those 
                        established by the Secretary, in consultation 
                        with and with the concurrence of the non-
                        Federal interest or joint lead agency, as 
                        applicable, and other relevant Federal and 
                        State agencies.
                            ``(ii) Factors for consideration.--In 
                        establishing a schedule, the Secretary shall 
                        consider factors such as--
                                    ``(I) the responsibilities of 
                                cooperating agencies under applicable 
                                laws;
                                    ``(II) the resources available to 
                                the non-Federal interest, joint lead 
                                agency, and other relevant Federal and 
                                State agencies, as applicable;
                                    ``(III) the overall size and 
                                complexity of the water resource 
                                project;
                                    ``(IV) the overall schedule for and 
                                cost of the water resource project; and
                                    ``(V) the sensitivity of the 
                                natural and historical resources that 
                                could be affected by the water resource 
                                project.
                            ``(iii) Modifications.--The Secretary may--
                                    ``(I) lengthen a schedule under 
                                clause (i) for good cause; and
                                    ``(II) shorten a schedule only with 
                                concurrence of the affected non-Federal 
                                interest, joint lead agency, or 
                                relevant Federal and State agencies, as 
                                applicable.
                    ``(C) Failure to meet deadline.--If the agencies 
                described in subparagraph (A) cannot provide reasonable 
                assurances that the deadlines described in subparagraph 
                (B) will be met, the Secretary may initiate the issue 
                resolution and referral process described under 
                paragraph (5) before the completion of the record of 
                decision.
            ``(5) Accelerated issue resolution and elevation.--
                    ``(A) Agency issue resolution meeting.--
                            ``(i) In general.--A cooperating agency or 
                        non-Federal interest may request an issue 
                        resolution meeting to be conducted by the 
                        Secretary.
                            ``(ii) Action by secretary.--The Secretary 
                        shall convene an issue resolution meeting under 
                        clause (i) with the relevant cooperating 
                        agencies and the non-Federal interest, as 
                        applicable, to resolve issues that could--
                                    ``(I) delay completion of the 
                                environmental review process; or
                                    ``(II) conflict with the ability of 
                                a cooperating agency to carry out 
                                applicable Federal laws (including 
                                regulations).
                            ``(iii) Date.--A meeting requested under 
                        this subparagraph shall be held not later than 
                        21 days after the date on which the Secretary 
                        receives the request for the meeting, unless 
                        the Secretary determines that there is good 
                        cause to extend that deadline.
                            ``(iv) Notification.--On receipt of a 
                        request for a meeting under this subparagraph, 
                        the Secretary shall notify all relevant 
                        cooperating agencies of the request, including 
                        the issue to be resolved and the date for the 
                        meeting.
                            ``(v) Disputes.--If a relevant cooperating 
                        agency with jurisdiction over an action, 
                        including a permit approval, review, or other 
                        statement or opinion required for a water 
                        resource project under applicable law 
                        determines that the relevant information 
                        necessary to resolve the issue has not been 
                        obtained and could not have been obtained 
                        within a reasonable time, but the Secretary 
                        disagrees, the resolution of the dispute shall 
                        be forwarded to the heads of the relevant 
                        agencies for resolution.
                            ``(vi) Convention by lead agency.--The 
                        Secretary may convene an issue resolution 
                        meeting under this subsection at any time, at 
                        the discretion of the Secretary, regardless of 
                        whether a meeting is requested under clause 
                        (i).
                            ``(vii) Exception.--
                                    ``(I) In general.--The issue 
                                resolution and referral process under 
                                this subparagraph shall not be 
                                initiated if the applicable agency--
                                            ``(aa) notifies, with a 
                                        supporting explanation, the 
                                        lead agency, cooperating 
                                        agencies, and non-Federal 
                                        interest, as applicable, that--

                                                    ``(AA) the agency 
                                                has not received 
                                                necessary information 
                                                or approvals from 
                                                another entity in a 
                                                manner that affects the 
                                                ability of the agency 
                                                to meet any 
                                                requirements under 
                                                Federal, tribal, State, 
                                                or local law;

                                                    ``(BB) significant 
                                                new information, 
                                                including from public 
                                                comments, or 
                                                circumstances, 
                                                including a major 
                                                modification to an 
                                                aspect of the water 
                                                resource project, 
                                                requires additional 
                                                analysis for the agency 
                                                to make a decision on 
                                                the water resource 
                                                project application; or

                                                    ``(CC) the agency 
                                                lacks the financial 
                                                resources to complete 
                                                the review under the 
                                                scheduled time frame, 
                                                including a description 
                                                of the number of full-
                                                time employees required 
                                                to complete the review, 
                                                the amount of funding 
                                                required to complete 
                                                the review, and a 
                                                justification as to why 
                                                there is not enough 
                                                funding available to 
                                                complete the review by 
                                                the deadline; and

                                            ``(bb) establishes a new 
                                        deadline for completion of the 
                                        review.
                                    ``(II) Inspector general.--If the 
                                applicable agency makes a certification 
                                under subclause (I)(aa)(CC), the 
                                Inspector General of the applicable 
                                agency shall conduct a financial audit 
                                to review that certification and submit 
                                a report on that certification within 
                                90 days to the Committee on Environment 
                                and Public Works of the Senate and the 
                                Committee on Transportation and 
                                Infrastructure of the House of 
                                Representatives.
                    ``(B) Elevation of issue resolution.--
                            ``(i) In general.--If issue resolution is 
                        not achieved by not later than 30 days after 
                        the date on which a relevant meeting is held 
                        under subparagraph (A), the Secretary shall 
                        notify the heads of the relevant cooperating 
                        agencies and the non-Federal interest that an 
                        issue resolution meeting will be convened.
                            ``(ii) Requirements.--The Secretary shall 
                        identify the issues to be addressed at the 
                        meeting and convene the meeting not later than 
                        30 days after the date on which the notice is 
                        issued.
                    ``(C) Submission of issue resolution.--
                            ``(i) Submission to council on 
                        environmental quality.--
                                    ``(I) In general.--If a resolution 
                                is not achieved by not later than 30 
                                days after the date on which an issue 
                                resolution meeting is held under 
                                subparagraph (B), the Secretary shall 
                                submit the matter to the Council on 
                                Environmental Quality.
                                    ``(II) Meeting.--Not later than 30 
                                days after the date on which the 
                                Council on Environmental Quality 
                                receives a submission from the 
                                Secretary under subclause (I), the 
                                Council on Environmental Quality shall 
                                hold an issue resolution meeting with 
                                the lead agency, the heads of relevant 
                                cooperating agencies and the non-
                                Federal interest.
                                    ``(III) Additional hearings.--The 
                                Council on Environmental Quality may 
                                hold public meetings or hearings to 
                                obtain additional views and information 
                                that the Council on Environmental 
                                Quality determines are necessary, 
                                consistent with the time frames 
                                described in this paragraph.
                            ``(ii) Remedies.--Not later than 30 days 
                        after the date on which an issue resolution 
                        meeting is convened by the Council on 
                        Environmental Quality under clause (i)(II), the 
                        Secretary shall--
                                    ``(I) publish findings that explain 
                                how the issue was resolved and 
                                recommendations (including, where 
                                appropriate, a finding that the 
                                submission does not support the 
                                position of the submitting agency); or
                                    ``(II) if the resolution of the 
                                issue was not achieved, submit to the 
                                President for action--
                                            ``(aa) the submission;
                                            ``(bb) any views or 
                                        additional information 
                                        developed during any additional 
                                        hearings under clause (i)(III); 
                                        and
                                            ``(cc) the recommendation 
                                        of the Council on Environmental 
                                        Quality.
            ``(6) Financial penalty provisions.--
                    ``(A) In general.--A Federal jurisdictional agency 
                shall complete any required approval or decision on an 
                expeditious basis using the shortest existing 
                applicable process.
                    ``(B) Failure to decide.--
                            ``(i) In general.--If a Federal 
                        jurisdictional agency fails to render a 
                        decision under any Federal law relating to a 
                        water resource project that requires the 
                        preparation of an environmental impact 
                        statement or environmental assessment, 
                        including the issuance or denial of a permit, 
                        license, statement, opinion, or other approval 
                        by the date described in clause (ii), the 
                        amount of funds made available to support the 
                        office of the head of the Federal 
                        jurisdictional agency shall be reduced by an 
                        amount of funding equal to the amounts 
                        specified in subclause (I) or (II) and those 
                        funds shall be made available to the division 
                        of the Federal jurisdictional agency charged 
                        with rendering the decision by not later than 1 
                        day after the applicable date under clause 
                        (ii), and once each week thereafter until a 
                        final decision is rendered, subject to 
                        subparagraph (C)--
                                    ``(I) $20,000 for any water 
                                resource project requiring the 
                                preparation of an environmental 
                                assessment or environmental impact 
                                statement; or
                                    ``(II) $10,000 for any water 
                                resource project requiring any type of 
                                review under the National Environmental 
                                Policy Act of 1969 (42 U.S.C. 4321 et 
                                seq.) other than an environmental 
                                assessment or environmental impact 
                                statement.
                            ``(ii) Description of date.--The date 
                        referred to in clause (i) is the later of--
                                    ``(I) the date that is 180 days 
                                after the date on which an application 
                                for the permit, license, or approval is 
                                complete; and
                                    ``(II) the date that is 180 days 
                                after the date on which the Federal 
                                lead agency issues a decision on the 
                                water resource project under the 
                                National Environmental Policy Act of 
                                1969 (42 U.S.C. 4321 et seq.).
                    ``(C) Limitations.--
                            ``(i) In general.--No transfer of funds 
                        under subparagraph (B) relating to an 
                        individual water resource project shall exceed, 
                        in any fiscal year, an amount equal to 1 
                        percent of the funds made available for the 
                        applicable agency office.
                            ``(ii) Failure to decide.--The total amount 
                        transferred in a fiscal year as a result of a 
                        failure by an agency to make a decision by an 
                        applicable deadline shall not exceed an amount 
                        equal to 5 percent of the funds made available 
                        for the applicable agency office for that 
                        fiscal year.
                            ``(iii) Aggregate.--Notwithstanding any 
                        other provision of law, for each fiscal year, 
                        the aggregate amount of financial penalties 
                        assessed against each applicable agency office 
                        under title II of the Water Resources 
                        Development Act of 2013 and any other Federal 
                        law as a result of a failure of the agency to 
                        make a decision by an applicable deadline for 
                        environmental review, including the total 
                        amount transferred under this paragraph, shall 
                        not exceed an amount equal to 9.5 percent of 
                        the funds made available for the agency office 
                        for that fiscal year.
                    ``(D) No fault of agency.--
                            ``(i) In general.--A transfer of funds 
                        under this paragraph shall not be made if the 
                        applicable agency described in subparagraph (A) 
                        notifies, with a supporting explanation, the 
                        lead agency, cooperating agencies, and non-
                        Federal interest, as applicable, that--
                                    ``(I) the agency has not received 
                                necessary information or approvals from 
                                another entity in a manner that affects 
                                the ability of the agency to meet any 
                                requirements under Federal, State, or 
                                local law;
                                    ``(II) significant new information, 
                                including from public comments, or 
                                circumstances, including a major 
                                modification to an aspect of the water 
                                resource project, requires additional 
                                analysis for the agency to make a 
                                decision on the water resource project 
                                application; or
                                    ``(III) the agency lacks the 
                                financial resources to complete the 
                                review under the scheduled time frame, 
                                including a description of the number 
                                of full-time employees required to 
                                complete the review, the amount of 
                                funding required to complete the 
                                review, and a justification as to why 
                                there is not enough funding available 
                                to complete the review by the deadline.
                            ``(ii) Lack of financial resources.--If the 
                        agency provides notice under clause (i)(III), 
                        the Inspector General of the agency shall--
                                    ``(I) conduct a financial audit to 
                                review the notice; and
                                    ``(II) not later than 90 days after 
                                the date on which the review described 
                                in subclause (I) is completed, submit 
                                to the Committee on Environment and 
                                Public Works of the Senate and the 
                                Committee on Transportation and 
                                Infrastructure of the House of 
                                Representatives a report on the notice.
                    ``(E) Limitation.--The Federal agency from which 
                funds are transferred pursuant to this paragraph shall 
                not reprogram funds to the office of the head of the 
                agency, or equivalent office, to reimburse that office 
                for the loss of the funds.
                    ``(F) Effect of paragraph.--Nothing in this 
                paragraph affects or limits the application of, or 
                obligation to comply with, any Federal, State, local, 
                or tribal law.
    ``(l) Performance Measurement.--The Secretary shall establish a 
program to measure and report on progress made toward improving and 
expediting the planning and environmental review process.
    ``(m) Memorandum of Agreements for Early Coordination.--
            ``(1) Sense of congress.--It is the sense of Congress 
        that--
                    ``(A) the Secretary and other Federal agencies with 
                relevant jurisdiction in the environmental review 
                process should cooperate with each other, State 
                agencies, and Indian tribes on environmental review and 
                water resource project delivery activities at the 
                earliest practicable time to avoid delays and 
                duplication of effort later in the process, prevent 
                potential conflicts, and ensure that planning and water 
                resource project development decisions reflect 
                environmental values; and
                    ``(B) the cooperation referred to in subparagraph 
                (A) should include the development of policies and the 
                designation of staff that advise planning agencies and 
                non-Federal interests of studies or other information 
                foreseeably required for later Federal action and early 
                consultation with appropriate State and local agencies 
                and Indian tribes.
            ``(2) Technical assistance.--If requested at any time by a 
        State or non-Federal interest, the Secretary and other Federal 
        agencies with relevant jurisdiction in the environmental review 
        process, shall, to the maximum extent practicable and 
        appropriate, as determined by the agencies, provide technical 
        assistance to the State or non-Federal interest in carrying out 
        early coordination activities.
            ``(3) Memorandum of agency agreement.--If requested at any 
        time by a State or non-Federal interest, the lead agency, in 
        consultation with other Federal agencies with relevant 
        jurisdiction in the environmental review process, may establish 
        memoranda of agreement with the non-Federal interest, Indian 
        tribe, State and local governments, and other appropriate 
        entities to carry out the early coordination activities, 
        including providing technical assistance in identifying 
        potential impacts and mitigation issues in an integrated 
        fashion.
    ``(n) Limitations.--Nothing in this section preempts, supersedes, 
amends, modifies, repeals, or interferes with--
            ``(1) any statutory or regulatory requirement, including 
        for seeking, considering, or responding to public comment;
            ``(2) any obligation to comply with the provisions any 
        Federal law, including--
                    ``(A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    ``(B) the regulations issued by the Council on 
                Environmental Quality or any other Federal agency to 
                carry out that Act; and
                    ``(C) any other Federal environmental law;
            ``(3) the reviewability of any final Federal agency action 
        in a court of the United States or in the court of any State;
            ``(4) any practice of seeking, considering, or responding 
        to public comment; or
            ``(5) any power, jurisdiction, responsibility, duty, or 
        authority that a Federal, State, or local governmental agency, 
        Indian tribe, or non-Federal interest has with respect to 
        carrying out a water resource project or any other provision of 
        law applicable to water resource projects.
    ``(o) Categorical Exclusions.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this subsection, the Secretary shall--
                    ``(A) survey the use by the Corps of Engineers of 
                categorical exclusions in water resource projects since 
                2005;
                    ``(B) publish a review of the survey that includes 
                a description of--
                            ``(i) the types of actions that were 
                        categorically excluded or could be the basis 
                        for developing a new categorical exclusion; and
                            ``(ii) any requests previously received by 
                        the Secretary for new categorical exclusions; 
                        and
                    ``(C) solicit requests from other Federal agencies 
                and non-Federal interests for new categorical 
                exclusions.
            ``(2) New categorical exclusions.--Not later than 1 year 
        after the date of enactment of this subsection, if the 
        Secretary has identified a category of activities that merit 
        establishing a categorical exclusion that did not exist on the 
        day before the date of enactment of this subsection based on 
        the review under paragraph (1), the Secretary shall publish a 
        notice of proposed rulemaking to propose that new categorical 
        exclusion, to the extent that the categorical exclusion meets 
        the criteria for a categorical exclusion under section 1508.4 
        of title 40, Code of Federal Regulations (or successor 
        regulation).
    ``(p) Review of Water Resource Project Acceleration Reforms.--
            ``(1) In general.--The Comptroller General of the United 
        States shall--
                    ``(A) assess the reforms carried out under this 
                section; and
                    ``(B) not later than 5 years after the date of 
                enactment of this subsection, submit to the Committee 
                on Transportation and Infrastructure of the House of 
                Representatives and the Committee on Environment and 
                Public Works of the Senate a report that describes the 
                results of the assessment.
            ``(2) Inspector general report.--The Inspector General of 
        the Corps of Engineers shall--
                    ``(A) assess the reforms carried out under this 
                section; and
                    ``(B) submit to the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Environment and Public Works of the 
                Senate--
                            ``(i) not later than 2 years after the date 
                        of enactment of this subsection, an initial 
                        report of the findings of the Inspector 
                        General; and
                            ``(ii) not later than 4 years after the 
                        date of enactment of this subsection, a final 
                        report of the findings.
    ``(q) Authorization.--The authority provided by this section 
expires on the date that is 10 years after the date of enactment of 
this Act.''.

SEC. 2034. FEASIBILITY STUDIES.

    Section 905 of the Water Resources Development Act of 1986 (33 
U.S.C. 2282) is amended by adding at the end the following:
    ``(g) Detailed Project Schedule.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this subsection, the Secretary shall determine 
        a set of milestones needed for the completion of a feasibility 
        study under this subsection, including all major actions, 
        report submissions and responses, reviews, and comment periods.
            ``(2) Detailed project schedule milestones.--Each District 
        Engineer shall, to the maximum extent practicable, establish a 
        detailed project schedule, based on full funding capability, 
        that lists all deadlines for milestones relating to feasibility 
        studies in the District developed by the Secretary under 
        paragraph (1).
            ``(3) Non-federal interest notification.--Each District 
        Engineer shall submit by certified mail the detailed project 
        schedule under paragraph (2) to each relevant non-Federal 
        interest--
                    ``(A) for projects that have received funding from 
                the General Investigations Account of the Corps of 
                Engineers in the period beginning on October 1, 2009, 
                and ending on the date of enactment of this section, 
                not later than 180 days after the establishment of 
                milestones under paragraph (1); and
                    ``(B) for projects for which a feasibility cost-
                sharing agreement is executed after the establishment 
                of milestones under paragraph (1), not later than 90 
                days after the date on which the agreement is executed.
            ``(4) Congressional and public notification.--Beginning in 
        the first full fiscal year after the date of enactment of this 
        Act, the Secretary shall--
                    ``(A) submit an annual report that lists all 
                detailed project schedules under paragraph (2) and an 
                explanation of any missed deadlines to the Committee on 
                Environment and Public Works of the Senate and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives; and
                    ``(B) make publicly available, including on the 
                Internet, a copy of the annual report described in 
                subparagraph (A) not later than 14 days after date on 
                which a report is submitted to Congress.
            ``(5) Failure to act.--If a District Engineer fails to meet 
        any of the deadlines in the project schedule under paragraph 
        (2), the District Engineer shall--
                    ``(A) not later than 30 days after each missed 
                deadline, submit to the non-Federal interest a report 
                detailing--
                            ``(i) why the District Engineer failed to 
                        meet the deadline; and
                            ``(ii) a revised project schedule 
                        reflecting amended deadlines for the 
                        feasibility study; and
                    ``(B) not later than 30 days after each missed 
                deadline, make publicly available, including on the 
                Internet, a copy of the amended project schedule 
                described in subparagraph (A)(ii).''.

SEC. 2035. ACCOUNTING AND ADMINISTRATIVE EXPENSES.

    (a) In General.--On the request of a non-Federal interest, the 
Secretary shall provide to the non-Federal interest a detailed 
accounting of the Federal expenses associated with a water resources 
project.
    (b) Study.--
            (1) In general.--The Secretary shall contract with the 
        National Academy of Public Administration to carry out a study 
        on the efficiency of the Corps Engineers current staff salaries 
        and administrative expense procedures as compared to using a 
        separate administrative expense account.
            (2) Contents.--The study under paragraph (1) shall include 
        any recommendations of the National Academy of Public 
        Administration for improvements to the budgeting and 
        administrative processes that will increase the efficiency of 
        the Corps of Engineers project delivery.

SEC. 2036. DETERMINATION OF PROJECT COMPLETION.

    (a) In General.--The Secretary shall notify the non-Federal 
interest when construction of a water resources project or a functional 
portion of the project is completed so the non-Federal interest may 
commence responsibilities, as applicable, for operating and maintaining 
the project.
    (b) Non-Federal Interest Appeal of Determination.--
            (1) In general.--Not later than 7 days after receiving a 
        notification under subparagraph (a), the non-Federal interest 
        may appeal the completion determination of the Secretary in 
        writing with a detailed explanation of the basis for 
        questioning the completeness of the project or functional 
        portion of the project.
            (2) Independent review.--
                    (A) In general.--On notification that a non-Federal 
                interest has submitted an appeal under paragraph (1), 
                the Secretary shall contract with 1 or more 
                independent, non-Federal experts to evaluate whether 
                the applicable water resources project or functional 
                portion of the project is complete.
                    (B) Timeline.--An independent review carried out 
                under subparagraph (A) shall be completed not later 
                than 180 days after the date on which the Secretary 
                receives an appeal from a non-Federal interest under 
                paragraph (1).

SEC. 2037. PROJECT PARTNERSHIP AGREEMENTS.

    (a) In General.--The Secretary shall contract with the National 
Academy of Public Administration to carry out a comprehensive review of 
the process for preparing, negotiating, and approving Project 
Partnership Agreements and the Project Partnership Agreement template, 
which shall include--
            (1) a review of the process for preparing, negotiating, and 
        approving Project Partnership Agreements, as in effect on the 
        day before the date of enactment of this Act;
            (2) an evaluation of how the concerns of a non-Federal 
        interest relating to the Project Partnership Agreement and 
        suggestions for modifications to the Project Partnership 
        Agreement made by a non-Federal interest are accommodated;
            (3) recommendations for how the concerns and modifications 
        described in paragraph (2) can be better accommodated;
            (4) recommendations for how the Project Partnership 
        Agreement template can be made more efficient; and
            (5) recommendations for how to make the process for 
        preparing, negotiating, and approving Project Partnership 
        Agreements more efficient.
    (b) Report.--The Secretary shall submit a report describing the 
findings of the National Academy of Public Administration to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives.

SEC. 2038. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.

    Section 234 of the Water Resources Development Act of 1996 (33 
U.S.C. 2323a) is amended--
            (1) in subsection (a), by striking ``other Federal 
        agencies,'' and inserting ``Federal departments or agencies, 
        nongovernmental organizations,'';
            (2) in subsection (b), by inserting ``or foreign 
        governments'' after ``organizations'';
            (3) in subsection (c), by inserting ``and restoration'' 
        after ``protection''; and
            (4) in subsection (d)--
                    (A) in the first sentence--
                            (i) by striking ``There is'' and inserting 
                        ``(1) In general.--There is''; and
                            (ii) by striking ``2008'' and inserting 
                        ``2014''; and
                    (B) in the second sentence--
                            (i) by striking ``The Secretary'' and 
                        inserting ``(2) Acceptance of funds.--The 
                        Secretary''; and
                            (ii) by striking ``other Federal agencies'' 
                        and inserting ``Federal departments or 
                        agencies, nongovernmental organizations''.

SEC. 2039. ACCEPTANCE OF CONTRIBUTED FUNDS TO INCREASE LOCK OPERATIONS.

    (a) In General.--The Secretary, after providing public notice, 
shall establish a pilot program for the acceptance and expenditure of 
funds contributed by non-Federal interests to increase the hours of 
operation of locks at water resources development projects.
    (b) Applicability.--The establishment of the pilot program under 
this section shall not affect the periodic review and adjustment of 
hours of operation of locks based on increases in commercial traffic 
carried out by the Secretary.
    (c) Public Comment.--Not later than 180 days before a proposed 
modification to the operation of a lock at a water resources 
development project will be carried out, the Secretary shall--
            (1) publish the proposed modification in the Federal 
        Register; and
            (2) accept public comment on the proposed modification.
    (d) Reports.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a report that evaluates the cost-savings 
        resulting from reduced lock hours and any economic impacts of 
        modifying lock operations.
            (2) Review of pilot program.--Not later than September 30, 
        2017 and each year thereafter, the Secretary shall submit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Environment and Public 
        Works of the Senate a report that describes the effectiveness 
        of the pilot program under this section.
    (e) Annual Review.--The Secretary shall carry out an annual review 
of the commercial use of locks and make any necessary adjustments to 
lock operations based on that review.
    (f) Termination.--The authority to accept funds under this section 
shall terminate 5 years after the date of enactment of this Act.

SEC. 2040. EMERGENCY RESPONSE TO NATURAL DISASTERS.

    (a) In General.--Section 5(a)(1) of the Act entitled ``An Act 
authorizing the construction of certain public works on rivers and 
harbors for flood control, and for other purposes'', approved August 
18, 1941 (33 U.S.C. 701n(a)(1)), is amended in the first sentence--
            (1) by inserting ``and subject to the condition that the 
        Chief of Engineers may include modifications to the structure 
        or project'' after ``work for flood control''; and
            (2) by striking ``structure damaged or destroyed by wind, 
        wave, or water action of other than an ordinary nature when in 
        the discretion of the Chief of Engineers such repair and 
        restoration is warranted for the adequate functioning of the 
        structure for hurricane or shore protection'' and inserting 
        ``structure or project damaged or destroyed by wind, wave, or 
        water action of other than an ordinary nature to the design 
        level of protection when, in the discretion of the Chief of 
        Engineers, such repair and restoration is warranted for the 
        adequate functioning of the structure or project for hurricane 
        or shore protection, subject to the condition that the Chief of 
        Engineers may include modifications to the structure or project 
        to address major deficiencies or implement nonstructural 
        alternatives to the repair or restoration of the structure if 
        requested by the non-Federal sponsor''.
    (b) Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act and every 2 years thereafter, the 
        Secretary shall submit to the Committee on Environment and 
        Public Works of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives a report 
        detailing the amounts expended in the previous 5 fiscal years 
        to carry out Corps of Engineers projects under section 5 of the 
        Act entitled ``An Act authorizing the construction of certain 
        public works on rivers and harbors for flood control, and for 
        other purposes'', approved August 18, 1941 (33 U.S.C. 701n).
            (2) Inclusions.--A report under paragraph (1) shall, at a 
        minimum, include a description of--
                    (A) each structure, feature, or project for which 
                amounts are expended, including the type of structure, 
                feature, or project and cost of the work; and
                    (B) how the Secretary has repaired, restored, 
                replaced, or modified each structure, feature, or 
                project or intends to restore the structure, feature, 
                or project to the design level of protection for the 
                structure, feature, or project.

SEC. 2041. SYSTEMWIDE IMPROVEMENT FRAMEWORKS.

    A levee system shall remain eligible for rehabilitation assistance 
under the authority provided by section 5 of the Act entitled ``An Act 
authorizing the construction of certain public works on rivers and 
harbors for flood control, and for other purposes'' (33 U.S.C. 701n) as 
long as the levee system sponsor continues to make satisfactory 
progress, as determined by the Secretary, on an approved systemwide 
improvement framework or letter of intent.

SEC. 2042. FUNDING TO PROCESS PERMITS.

    Section 214 of the Water Resources Development Act of 2000 (Public 
Law 106-541; 33 U.S.C. 2201 note) is amended by striking subsections 
(d) and (e) and inserting the following:
    ``(d) Public Availability.--
            ``(1) In general.--The Secretary shall ensure that all 
        final permit decisions carried out using funds authorized under 
        this section are made available to the public in a common 
        format, including on the Internet, and in a manner that 
        distinguishes final permit decisions under this section from 
        other final actions of the Secretary.
            ``(2) Decision document.--The Secretary shall--
                    ``(A) use a standard decision document for 
                evaluating all permits using funds accepted under this 
                section; and
                    ``(B) make the standard decision document, along 
                with all final permit decisions, available to the 
                public, including on the Internet.
            ``(3) Agreements.--The Secretary shall make all active 
        agreements to accept funds under this section available on a 
        single public Internet site.
    ``(e) Reporting.--
            ``(1) In general.--The Secretary shall prepare an annual 
        report on the implementation of this section, which, at a 
        minimum, shall include for each district of the Corps of 
        Engineers that accepts funds under this section--
                    ``(A) a comprehensive list of any funds accepted 
                under this section during the previous fiscal year;
                    ``(B) a comprehensive list of the permits reviewed 
                and approved using funds accepted under this section 
                during the previous fiscal year, including a 
                description of the size and type of resources impacted 
                and the mitigation required for each permit; and
                    ``(C) a description of the training offered in the 
                previous fiscal year for employees that is funded in 
                whole or in part with funds accepted under this 
                section.
            ``(2) Submission.--Not later than 90 days after the end of 
        each fiscal year, the Secretary shall--
                    ``(A) submit to the Committee on Environment and 
                Public Works of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives the annual report described in 
                paragraph (1); and
                    ``(B) make each report received under subparagraph 
                (A) available on a single publicly accessible Internet 
                site.''.

SEC. 2043. NATIONAL RIVERBANK STABILIZATION AND EROSION PREVENTION 
              STUDY AND PILOT PROGRAM.

    (a) Definition of Inland and Intracoastal Waterway.--In this 
section, the term ``inland and intracoastal waterway'' means the inland 
and intracoastal waterways of the United States described in section 
206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804).
    (b) Pilot Program.--The Secretary--
            (1) is authorized to study issues relating to riverbank 
        stabilization and erosion prevention along inland and 
        intracoastal waterways; and
            (2) shall establish and carry out for a period of 5 fiscal 
        years a national riverbank stabilization and erosion prevention 
        pilot program to address riverbank erosion along inland and 
        intracoastal waterways.
    (c) Study.--
            (1) In general.--The Secretary, in consultation with 
        appropriate Federal, State, local, and nongovernmental 
        entities, shall carry out a study of the options and 
        technologies available to prevent the erosion and degradation 
        of riverbanks along inland and intracoastal waterways.
            (2) Contents.--The study shall--
                    (A) evaluate the nature and extent of the damages 
                resulting from riverbank erosion along inland and 
                intracoastal waterways throughout the United States;
                    (B) identify specific inland and intracoastal 
                waterways and affected wetland areas with the most 
                urgent need for restoration;
                    (C) analyze any legal requirements with regard to 
                maintenance of bank lines of inland and intracoastal 
                waterways, including a comparison of Federal, State, 
                and private obligations and practices;
                    (D) assess and compare policies and management 
                practices to protect surface areas adjacent to inland 
                and intracoastal waterways applied by various Districts 
                of the Corps of Engineers; and
                    (E) make any recommendations the Secretary 
                determines to be appropriate.
    (d) Riverbank Stabilization and Erosion Prevention Pilot Program.--
            (1) In general.--The Secretary shall develop a pilot 
        program for the construction of riverbank stabilization and 
        erosion prevention projects on public land along inland and 
        intracoastal waterways if the Secretary determines that the 
        projects are technically feasible, environmentally acceptable, 
        economically justified, and lower maintenance costs of those 
        inland and intracoastal waterways.
            (2) Pilot program goals.--A project under the pilot program 
        shall, to the maximum extent practicable--
                    (A) develop or demonstrate innovative technologies;
                    (B) implement efficient designs to prevent erosion 
                at a riverbank site, taking into account the lifecycle 
                cost of the design, including cleanup, maintenance, and 
                amortization;
                    (C) prioritize natural designs, including the use 
                of native and naturalized vegetation or temporary 
                structures that minimize permanent structural 
                alterations to the riverbank;
                    (D) avoid negative impacts to adjacent communities;
                    (E) identify the potential for long-term protection 
                afforded by the innovative technology; and
                    (F) provide additional benefits, including 
                reduction of flood risk.
            (3) Project selections.--The Secretary shall develop 
        criteria for the selection of projects under the pilot program, 
        including criteria based on--
                    (A) the extent of damage and land loss resulting 
                from riverbank erosion;
                    (B) the rate of erosion;
                    (C) the significant threat of future flood risk to 
                public or private property, public infrastructure, or 
                public safety;
                    (D) the destruction of natural resources or 
                habitats; and
                    (E) the potential cost-savings for maintenance of 
                the channel.
            (4) Consultation.--The Secretary shall carry out the pilot 
        program in consultation with--
                    (A) Federal, State, and local governments;
                    (B) nongovernmental organizations; and
                    (C) applicable university research facilities.
            (5) Report.--Not later than 1 year after the first fiscal 
        year for which amounts to carry out this section are 
        appropriated, and every year thereafter, the Secretary shall 
        prepare and submit to the Committee on Environment and Public 
        Works of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a report 
        describing--
                    (A) the activities carried out and accomplishments 
                made under the pilot program since the previous report 
                under this paragraph; and
                    (B) any recommendations of the Secretary relating 
                to the program.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $25,000,000 for each of fiscal 
years 2014 through 2019.

SEC. 2044. HURRICANE AND STORM DAMAGE RISK REDUCTION PRIORITIZATION.

    (a) Purposes.--The purposes of this section are--
            (1) to provide adequate levels of protection to communities 
        impacted by natural disasters, including hurricanes, tropical 
        storms, and other related extreme weather events; and
            (2) to expedite critical water resources projects in 
        communities that have historically been and continue to remain 
        susceptible to extreme weather events.
    (b) Priority.--For authorized projects and ongoing feasibility 
studies with a primary purpose of hurricane and storm damage risk 
reduction, the Secretary shall give funding priority to projects and 
ongoing studies that--
            (1) address an imminent threat to life and property;
            (2) prevent storm surge from inundating populated areas;
            (3) prevent the loss of coastal wetlands that help reduce 
        the impact of storm surge;
            (4) protect emergency hurricane evacuation routes or 
        shelters;
            (5) prevent adverse impacts to publicly owned or funded 
        infrastructure and assets;
            (6) minimize disaster relief costs to the Federal 
        Government; and
            (7) address hurricane and storm damage risk reduction in an 
        area for which the President declared a major disaster in 
        accordance with section 401 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5170).
    (c) Expedited Consideration of Currently Authorized Projects.--Not 
later than 180 days after the date of enactment of this Act, the 
Secretary shall--
            (1) submit to the Committee on Environment and Public Works 
        of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a list of all--
                    (A) ongoing hurricane and storm damage reduction 
                feasibility studies that have signed feasibility cost 
                share agreements and have received Federal funds since 
                2009; and
                    (B) authorized hurricane and storm damage reduction 
                projects that--
                            (i) have been authorized for more than 20 
                        years but are less than 75 percent complete; or
                            (ii) are undergoing a post-authorization 
                        change report, general reevaluation report, or 
                        limited reevaluation report;
            (2) identify those projects on the list required under 
        paragraph (1) that meet the criteria described in subsection 
        (b); and
            (3) provide a plan for expeditiously completing the 
        projects identified under paragraph (2), subject to available 
        funding.
    (d) Prioritization of New Studies for Hurricane and Storm Damage 
Risk Reduction.--In selecting new studies for hurricane and storm 
damage reduction to propose to Congress under section 4002, the 
Secretary shall give priority to studies--
            (1) that--
                    (A) have been recommended in a comprehensive 
                hurricane protection study carried out by the Corps of 
                Engineers; or
                    (B) are included in a State plan or program for 
                hurricane, storm damage reduction, flood control, 
                coastal protection, conservation, or restoration, that 
                is created in consultation with the Corps of Engineers 
                or other relevant Federal agencies; and
            (2) for areas for which the President declared a major 
        disaster in accordance with section 401 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170).

SEC. 2045. PRIORITIZATION OF ECOSYSTEM RESTORATION EFFORTS.

    For authorized projects with a primary purpose of ecosystem 
restoration, the Secretary shall give funding priority to projects--
            (1) that--
                    (A) address an identified threat to public health, 
                safety, or welfare;
                    (B) preserve or restore ecosystems of national 
                significance; or
                    (C) preserve or restore habitats of importance for 
                federally protected species, including migratory birds; 
                and
            (2) for which the restoration activities will contribute to 
        other ongoing or planned Federal, State, or local restoration 
        initiatives.

SEC. 2046. SPECIAL USE PERMITS.

    (a) Special Use Permits.--
            (1) In general.--The Secretary may issue special permits 
        for uses such as group activities, recreation events, motorized 
        recreation vehicles, and such other specialized recreation uses 
        as the Secretary determines to be appropriate, subject to such 
        terms and conditions as the Secretary determines to be in the 
        best interest of the Federal Government.
            (2) Fees.--
                    (A) In general.--In carrying out this subsection, 
                the Secretary may--
                            (i) establish and collect fees associated 
                        with the issuance of the permits described in 
                        paragraph (1); or
                            (ii) accept in-kind services in lieu of 
                        those fees.
                    (B) Outdoor recreation equipment.--The Secretary 
                may establish and collect fees for the provision of 
                outdoor recreation equipment and services at public 
                recreation areas located at lakes and reservoirs 
                operated by the Corps of Engineers.
                    (C) Use of fees.--Any fees generated pursuant to 
                this subsection shall be--
                            (i) retained at the site collected; and
                            (ii) available for use, without further 
                        appropriation, solely for administering the 
                        special permits under this subsection and 
                        carrying out related operation and maintenance 
                        activities at the site at which the fees are 
                        collected.
    (b) Cooperative Management.--
            (1) Program.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary may enter into an agreement with a State or 
                local government to provide for the cooperative 
                management of a public recreation area if--
                            (i) the public recreation area is located--
                                    (I) at a lake or reservoir operated 
                                by the Corps of Engineers; and
                                    (II) adjacent to or near a State or 
                                local park or recreation area; and
                            (ii) the Secretary determines that 
                        cooperative management between the Corps of 
                        Engineers and a State or local government 
                        agency of a portion of the Corps of Engineers 
                        recreation area or State or local park or 
                        recreation area will allow for more effective 
                        and efficient management of those areas.
                    (B) Restriction.--The Secretary may not transfer 
                administration responsibilities for any public 
                recreation area operated by the Corps of Engineers.
            (2) Acquisition of goods and services.--The Secretary may 
        acquire from or provide to a State or local government with 
        which the Secretary has entered into a cooperative agreement 
        under paragraph (1) goods and services to be used by the 
        Secretary and the State or local government in the cooperative 
        management of the areas covered by the agreement.
            (3) Administration.--The Secretary may enter into 1 or more 
        cooperative management agreements or such other arrangements as 
        the Secretary determines to be appropriate, including leases or 
        licenses, with non-Federal interests to share the costs of 
        operation, maintenance, and management of recreation facilities 
        and natural resources at recreation areas that are jointly 
        managed and funded under this subsection.
    (c) Funding Transfer Authority.--
            (1) In general.--If the Secretary determines that it is in 
        the public interest for purposes of enhancing recreation 
        opportunities at Corps of Engineers water resources development 
        projects, the Secretary may transfer funds appropriated for 
        resource protection, research, interpretation, and maintenance 
        activities related to resource protection in the areas at which 
        outdoor recreation is available at those Corps of Engineers 
        water resource development projects to State, local, and tribal 
        governments and such other public or private nonprofit entities 
        as the Secretary determines to be appropriate.
            (2) Cooperative agreements.--Any transfer of funds pursuant 
        to this subsection shall be carried out through the execution 
        of a cooperative agreement, which shall contain such terms and 
        conditions as the Secretary determines to be necessary in the 
        public interest.
    (d) Services of Volunteers.--Chapter IV of title I of Public Law 
98-63 (33 U.S.C. 569c) is amended--
            (1) in the first sentence, by inserting ``, including 
        expenses relating to uniforms, transportation, lodging, and the 
        subsistence of those volunteers, without regard to the place of 
        residence of the volunteers,'' after ``incidental expenses''; 
        and
            (2) by inserting after the first sentence the following: 
        ``The Chief of Engineers may also provide awards of up to $100 
        in value to volunteers in recognition of the services of the 
        volunteers.''
    (e) Training and Educational Activities.--Section 213(a) of the 
Water Resources Development Act of 2000 (33 U.S.C. 2339) is amended by 
striking ``at'' and inserting ``about''.

SEC. 2047. OPERATIONS AND MAINTENANCE ON FUEL TAXED INLAND WATERWAYS.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary shall have responsibility for 65 percent of the costs of the 
operation, maintenance, repair, rehabilitation, and replacement of any 
flood gate, as well as any pumping station constructed within the 
channel as a single unit with that flood gate, that--
            (1) was constructed as of the date of enactment of this Act 
        as a feature of an authorized hurricane and storm damage 
        reduction project; and
            (2) crosses an inland or intracoastal waterway described in 
        section 206 of the Inland Waterways Revenue Act of 1978 (33 
        U.S.C. 1804).
    (b) Payment Options.--For rehabilitation or replacement of any 
structure under this section, the Secretary may apply to the full non-
Federal contribution the payment option provisions under section 103(k) 
of the Water Resources Development Act of 1986 (33 U.S.C. 2213(k)).

SEC. 2048. CORROSION PREVENTION.

    (a) Guidance and Procedures.--The Secretary shall develop guidance 
and procedures for the certification of qualified contractors for--
            (1) the application of protective coatings; and
            (2) the removal of hazardous protective coatings.
    (b) Requirements.--Except as provided in subsection (c), the 
Secretary shall use certified contractors for--
            (1) the application of protective coatings for complex work 
        involving steel and cementitious structures, including 
        structures that will be exposed in immersion;
            (2) the removal of hazardous coatings or other hazardous 
        materials that are present in sufficient concentrations to 
        create an occupational or environmental hazard; and
            (3) any other activities the Secretary determines to be 
        appropriate.
    (c) Exception.--The Secretary may approve exceptions to the use of 
certified contractors under subsection (b) only after public notice, 
with the opportunity for comment, of any such proposal.

SEC. 2049. PROJECT DEAUTHORIZATIONS.

    (a) In General.--Section 1001(b) of the Water Resources Development 
Act of 1986 (33 U.S.C. 579a(b)) is amended--
            (1) by striking paragraph (2) and inserting the following:
            ``(2) List of projects.--
                    ``(A) In general.--Notwithstanding section 3003 of 
                Public Law 104-66 (31 U.S.C. 1113 note; 109 Stat. 734), 
                each year, after the submission of the list under 
                paragraph (1), the Secretary shall submit to Congress a 
                list of projects or separable elements of projects that 
                have been authorized but that have received no 
                obligations during the 5 full fiscal years preceding 
                the submission of that list.
                    ``(B) Additional notification.--On submission of 
                the list under subparagraph (A) to Congress, the 
                Secretary shall notify--
                            ``(i) each Senator in whose State and each 
                        Member of the House of Representatives in whose 
                        district a project (including any part of a 
                        project) on that list would be located; and
                            ``(ii) each applicable non-Federal interest 
                        associated with a project (including any part 
                        of a project) on that list.
                    ``(C) Deauthorization.--A project or separable 
                element included in the list under subparagraph (A) is 
                not authorized after the last date of the fiscal year 
                following the fiscal year in which the list is 
                submitted to Congress, if funding has not been 
                obligated for the planning, design, or construction of 
                the project or element of the project during that 
                period.''; and
            (2) by adding at the end the following:
            ``(3) Minimum funding list.--At the end of each fiscal 
        year, the Secretary shall submit to Congress a list of--
                    ``(A) projects or separable elements of projects 
                authorized for construction for which funding has been 
                obligated in the 5 previous fiscal years;
                    ``(B) the amount of funding obligated per fiscal 
                year;
                    ``(C) the current phase of each project or 
                separable element of a project; and
                    ``(D) the amount required to complete those phases.
            ``(4) Report.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of the Water Resources 
                Development Act of 2013, the Secretary shall compile 
                and publish a complete list of all uncompleted, 
                authorized projects of the Corps of Engineers, 
                including for each project on that list--
                            ``(i) the original budget authority for the 
                        project;
                            ``(ii) the status of the project;
                            ``(iii) the estimated date of completion of 
                        the project;
                            ``(iv) the estimated cost of completion of 
                        the project; and
                            ``(v) any amounts for the project that 
                        remain unobligated.
                    ``(B) Publication.--
                            ``(i) In general.--The Secretary shall 
                        submit a copy of the list under subparagraph 
                        (A) to--
                                    ``(I) the appropriate committees of 
                                Congress; and
                                    ``(II) the Director of the Office 
                                of Management and Budget.
                            ``(ii) Public availability.--Not later than 
                        30 days after providing the report to Congress 
                        under clause (i), the Secretary shall make a 
                        copy of the list available on a publicly 
                        accessible Internet site, in a manner that is 
                        downloadable, searchable, and sortable.''.
    (b) Infrastructure Deauthorization Commission.--
            (1) Purposes.--The purposes of this subsection are--
                    (A) to establish a process for identifying 
                authorized Corps of Engineers water resources projects 
                that are no longer in the Federal interest and no 
                longer feasible;
                    (B) to create a commission--
                            (i) to review suggested deauthorizations, 
                        including consideration of recommendations of 
                        the States and the Secretary for the 
                        deauthorization of water resources projects; 
                        and
                            (ii) to make recommendations to Congress;
                    (C) to ensure public participation and comment; and
                    (D) to provide oversight on any recommendations 
                made to Congress by the Commission.
            (2) Infrastructure deauthorization commission.--
                    (A) Establishment.--There is established an 
                independent commission to be known as the 
                ``Infrastructure Deauthorization Commission'' (referred 
                to in this paragraph as the ``Commission'').
                    (B) Duties.--The Commission shall carry out the 
                review and recommendation duties described in paragraph 
                (5).
                    (C) Membership.--
                            (i) In general.--The Commission shall be 
                        composed of 8 members, who shall be appointed 
                        by the President, by and with the advice and 
                        consent of the Senate according to the 
                        expedited procedures described in clause (ii).
                            (ii) Expedited nomination procedures.--
                                    (I) Privileged nominations; 
                                information requested.--On receipt by 
                                the Senate of a nomination under clause 
                                (i), the nomination shall--
                                            (aa) be placed on the 
                                        Executive Calendar under the 
                                        heading ``Privileged 
                                        Nominations--Information 
                                        Requested''; and
                                            (bb) remain on the 
                                        Executive Calendar under that 
                                        heading until the Executive 
                                        Clerk receives a written 
                                        certification from the Chairman 
                                        of the committee of 
                                        jurisdiction under subclause 
                                        (II).
                                    (II) Questionnaires.--The Chairman 
                                of the Committee on Environment and 
                                Public Works of the Senate shall notify 
                                the Executive Clerk in writing when the 
                                appropriate biographical and financial 
                                questionnaires have been received from 
                                an individual nominated for a position 
                                under clause (i).
                                    (III) Privileged nominations; 
                                information received.--On receipt of 
                                the certification under subclause (II), 
                                the nomination shall--
                                            (aa) be placed on the 
                                        Executive Calendar under the 
                                        heading ``Privileged 
                                        Nomination--Information 
                                        Received'' and remain on the 
                                        Executive Calendar under that 
                                        heading for 10 session days; 
                                        and
                                            (bb) after the expiration 
                                        of the period referred to in 
                                        item (aa), be placed on the 
                                        ``Nominations'' section of the 
                                        Executive Calendar.
                                    (IV) Referral to committee of 
                                jurisdiction.--During the period when a 
                                nomination under clause (i) is listed 
                                under the ``Privileged Nomination--
                                Information Requested'' section of the 
                                Executive Calendar described in 
                                subclause (I)(aa) or the ``Privileged 
                                Nomination--Information Received'' 
                                section of the Executive Calendar 
                                described in subclause (III)(aa)--
                                            (aa) any Senator may 
                                        request on his or her own 
                                        behalf, or on the behalf of any 
                                        identified Senator that the 
                                        nomination be referred to the 
                                        appropriate committee of 
                                        jurisdiction; and
                                            (bb) if a Senator makes a 
                                        request described in paragraph 
                                        item (aa), the nomination shall 
                                        be referred to the appropriate 
                                        committee of jurisdiction.
                                    (V) Executive calendar.--The 
                                Secretary of the Senate shall create 
                                the appropriate sections on the 
                                Executive Calendar to reflect and 
                                effectuate the requirements of this 
                                clause.
                                    (VI) Committee justification for 
                                new executive positions.--The report 
                                accompanying each bill or joint 
                                resolution of a public character 
                                reported by any committee shall contain 
                                an evaluation and justification made by 
                                that committee for the establishment in 
                                the measure being reported of any new 
                                position appointed by the President 
                                within an existing or new Federal 
                                entity.
                            (iii) Qualifications.--Members of the 
                        Commission shall be knowledgeable about Corps 
                        of Engineers water resources projects.
                            (iv) Geographical diversity.--To the 
                        maximum extent practicable, the members of the 
                        Commission shall be geographically diverse.
                    (D) Compensation of members.--
                            (i) In general.--Each member of the 
                        Commission who is not an officer or employee of 
                        the Federal Government shall be compensated at 
                        a rate equal to the daily equivalent of the 
                        annual rate of basic pay prescribed for level 
                        IV of the Executive Schedule under section 5315 
                        of title 5, United States Code, for each day 
                        (including travel time) during which the member 
                        is engaged in the performance of the duties of 
                        the Commission.
                            (ii) Federal employees.--All members of the 
                        Commission who are officers or employees of the 
                        United States shall serve without compensation 
                        in addition to that received for their services 
                        as officers or employees of the United States.
                            (iii) Travel expenses.--The members of the 
                        Commission shall be allowed travel expenses, 
                        including per diem in lieu of subsistence, at 
                        rates authorized for employees of agencies 
                        under subchapter I of chapter 57 of title 5, 
                        United States Code, while away from their homes 
                        or regular places of business in the 
                        performance of service for the Commission.
            (3) State water resources infrastructure plan.--Not later 
        than 2 years after the date of enactment of this Act, each 
        State, in consultation with local interests, may develop and 
        submit to the Commission, the Committee on Environment and 
        Public Works of the Senate, and the Committee on Transportation 
        and Infrastructure of the House of Representatives, a detailed 
        statewide water resources plan that includes a list of each 
        water resources project that the State recommends for 
        deauthorization.
            (4) Corps of engineers infrastructure plan.--Not later than 
        2 years after the date of enactment of this Act, the Secretary 
        shall submit to the Commission, the Committee on Environment 
        and Public Works of the Senate, and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a detailed plan that--
                    (A) contains a detailed list of each water 
                resources project that the Corps of Engineers 
                recommends for deauthorization; and
                    (B) is based on assessment by the Secretary of the 
                needs of the United States for water resources 
                infrastructure, taking into account public safety, the 
                economy, and the environment.
            (5) Review and recommendation commission.--
                    (A) In general.--On the appointment and 
                confirmation of all members of the Commission, the 
                Commission shall solicit public comment on water 
                resources infrastructure issues and priorities and 
                recommendations for deauthorization, including by--
                            (i) holding public hearings throughout the 
                        United States; and
                            (ii) receiving written comments.
                    (B) Recommendations.--
                            (i) In general.--Not later than 4 years 
                        after the date of enactment of this Act, the 
                        Commission shall submit to Congress a list of 
                        water resources projects of the Corps of 
                        Engineers for deauthorization.
                            (ii) Considerations.--In carrying out this 
                        paragraph, the Commission shall establish 
                        criteria for evaluating projects for 
                        deauthorization, which shall include 
                        consideration of--
                                    (I) the infrastructure plans 
                                submitted by the States and the 
                                Secretary under paragraphs (3) and (4);
                                    (II) any public comment received 
                                during the period described in 
                                subparagraph (A);
                                    (III) public safety and security;
                                    (IV) the environment; and
                                    (V) the economy.
                    (C) Non-eligible projects.--The following types of 
                projects shall not be eligible for review for 
                deauthorization by the Commission:
                            (i) Any project authorized after the date 
                        of enactment of the Water Resources Development 
                        Act of 1996 (Public Law 104-303; 110 Stat. 
                        3658), including any project that has been 
                        reauthorized after that date.
                            (ii) Any project that, as of the date of 
                        enactment of this Act, is undergoing a review 
                        by the Corps of Engineers.
                            (iii) Any project that has received 
                        appropriations in the 10-year period ending on 
                        the date of enactment of this Act.
                            (iv) Any project that, on the date of 
                        enactment of this Act, is more than 50 percent 
                        complete.
                            (v) Any project that has a viable non-
                        Federal sponsor.
                    (D) Congressional disapproval.--Any water resources 
                project recommended for deauthorization on the list 
                submitted to Congress under subparagraph (B) shall be 
                deemed to be deauthorized unless Congress passes a 
                joint resolution disapproving of the entire list of 
                deauthorized water resources projects prior to the date 
                that is 180 days after the date on which the Commission 
                submits the list to Congress.
            (6) Application.--For purposes of this subsection, water 
        resources projects shall include environmental infrastructure 
        assistance projects and programs of the Corps of Engineers.

SEC. 2050. REPORTS TO CONGRESS.

    (a) In General.--Subject to the availability of appropriations, the 
Secretary shall complete and submit to Congress by the applicable date 
required the reports that address public safety and enhanced local 
participation in project delivery described in subsection (b).
    (b) Reports.--The reports referred to in subsection (a) are the 
reports required under--
            (1) section 2020;
            (2) section 2022;
            (3) section 2025;
            (4) section 2026;
            (5) section 2039;
            (6) section 2040;
            (7) section 6007; and
            (8) section 10015.
    (c) Failure To Provide a Completed Report.--
            (1) In general.--Subject to subsection (d), if the 
        Secretary fails to provide a report listed under subsection (b) 
        by the date that is 180 days after the applicable date required 
        for that report, $5,000 shall be reprogrammed from the General 
        Expenses account of the civil works program of the Army Corps 
        of Engineers into the account of the division of the Army Corps 
        of Engineers with responsibility for completing that report.
            (2) Subsequent reprogramming.--Subject to subsection (d), 
        for each additional week after the date described in paragraph 
        (1) in which a report described in that paragraph remains 
        uncompleted and unsubmitted to Congress, $5,000 shall be 
        reprogrammed from the General Expenses account of the civil 
        works program of the Army Corps of Engineers into the account 
        of the division of the Secretary of the Army with 
        responsibility for completing that report.
    (d) Limitations.--
            (1) In general.--For each report, the total amounts 
        reprogrammed under subsection (c) shall not exceed, in any 
        fiscal year, $50,000.
            (2) Aggregate limitation.--The total amount reprogrammed 
        under subsection (c) in a fiscal year shall not exceed 
        $200,000.
    (e) No Fault of the Secretary.--Amounts shall not be reprogrammed 
under subsection (c) if the Secretary certifies in a letter to the 
applicable committees of Congress that--
            (1) a major modification has been made to the content of 
        the report that requires additional analysis for the Secretary 
        to make a final decision on the report;
            (2) amounts have not been appropriated to the agency under 
        this Act or any other Act to carry out the report; or
            (3) additional information is required from an entity other 
        than the Corps of Engineers and is not available in a timely 
        manner to complete the report by the deadline.
    (f) Limitation.--The Secretary shall not reprogram funds to 
reimburse the Office of the Assistant Secretary of the Army for Civil 
Works for the loss of the funds.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000.

SEC. 2051. INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT 
              CONFORMING AMENDMENT.

    Section 106(k) of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450j-1(k)) is amended by adding at the end 
the following:
            ``(13) Interest payments, the retirement of principal, the 
        costs of issuance, and the costs of insurance or a similar 
        credit support for a debt financing instrument, the proceeds of 
        which are used to support a contracted construction project.''.

SEC. 2052. INVASIVE SPECIES REVIEW.

    The Secretary, in consultation with the Director of the United 
States Fish and Wildlife Service, the Chairman of the Tennessee Valley 
Authority, and other applicable heads of Federal agencies, shall--
            (1) carry out a review of existing Federal authorities 
        relating to responding to invasive species, including aquatic 
        weeds, aquatic snails, and other aquatic invasive species, that 
        have an impact on water resources; and
            (2) based on the review under paragraph (1), make any 
        recommendations to Congress and applicable State agencies for 
        improving Federal and State laws to more effectively respond to 
        the threats posed by those invasive species.

SEC. 2053. WETLANDS CONSERVATION STUDY.

    (a) In General.--The Comptroller General of the United States shall 
carry out a study to identify all Federal programs relating to wetlands 
conservation.
    (b) Report.--The Comptroller General of the United States shall 
submit to Congress a report based on the study under subsection (a) 
describing options for maximizing wetlands conservation benefits while 
reducing redundancy, increasing efficiencies, and reducing costs.

SEC. 2054. DAM MODIFICATION STUDY.

    (a) In General.--The Comptroller General of the United States 
shall, in consultation with the Corps of Engineers, the Southeastern 
Power Administration, Federal hydropower customers, downstream 
communities, and other stakeholders, carry out a study to evaluate the 
structural modifications made at Federal dams in the Cumberland River 
Basin beginning on January 1, 2000.
    (b) Contents.--The study under subsection (a) shall examine--
            (1) whether structural modifications at each dam have 
        utilized new state-of-the-art design criteria deemed necessary 
        for safety purposes that have not been used in other 
        circumstances;
            (2) whether structural modifications at each dam for 
        downstream safety were executed in accordance with construction 
        criteria that had changed from the original construction 
        criteria;
            (3) whether structural modifications at each dam assured 
        safety;
            (4) any estimates by the Corps of Engineers of consequences 
        of total dam failure if state-of-the-art construction criteria 
        deemed necessary for safety purposes were not employed; and
            (5) whether changes in underlying geology at any of the 
        Federal dams in the Cumberland River Basin required structural 
        modifications to assure dam safety.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
Congress a report based on the study under subsection (a) with findings 
on whether, with respect to structural modifications at Federal dams in 
the Cumberland River Basin, the Corps of Engineers has selected and 
implemented design criteria that rely on state-of-the-art design and 
construction criteria that will provide for the safety of downstream 
communities.

SEC. 2055. NON-FEDERAL PLANS TO PROVIDE ADDITIONAL FLOOD RISK 
              REDUCTION.

    (a) In General.--If requested by a non-Federal interest, the 
Secretary shall construct a locally preferred plan that provides a 
higher level of protection than a flood risk management project 
authorized under this Act if the Secretary determines that--
            (1) the plan is technically feasible and environmentally 
        acceptable; and
            (2) the benefits of the plan exceed the costs of the plan.
    (b) Non-Federal Cost Share.--If the Secretary constructs a locally 
preferred plan under subsection (a), the Federal share of the cost of 
the project shall be not greater than the share as provided by law for 
elements of the national economic development plan.

SEC. 2056. MISSISSIPPI RIVER FORECASTING IMPROVEMENTS.

    (a) In General.--The Secretary, in consultation with the Secretary 
of the department in which the Coast Guard is operating, the Director 
of the United States Geological Survey, the Administrator of the 
National Oceanic and Atmospheric Administration, and the Director of 
the National Weather Service, as applicable, shall improve forecasting 
on the Mississippi River by--
            (1) updating forecasting technology deployed on the 
        Mississippi River and its tributaries through--
                    (A) the construction of additional automated river 
                gages;
                    (B) the rehabilitation of existing automated and 
                manual river gages; and
                    (C) the replacement of manual river gages with 
                automated gages, as the Secretary determines to be 
                necessary;
            (2) constructing additional sedimentation ranges on the 
        Mississippi River and its tributaries; and
            (3) deploying additional automatic identification system 
        base stations at river gage sites.
    (b) Prioritization.--In carrying out this section, the Secretary 
shall prioritize the sections of the Mississippi River on which 
additional and more reliable information would have the greatest impact 
on maintaining navigation on the Mississippi River.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to Congress a report on the 
activities carried out by the Secretary under this section.

SEC. 2057. FLEXIBILITY IN MAINTAINING NAVIGATION.

    (a) In General.--If the Secretary, in consultation with the 
Secretary of the department in which the Coast Guard is operating, 
determines it to be critical to maintaining safe and reliable 
navigation within the authorized Federal navigation channel on the 
Mississippi River, the Secretary may carry out only those activities 
outside the authorized Federal navigation channel along the Mississippi 
River, including the construction and operation of maintenance of 
fleeting areas, that are necessary for safe and reliable navigation in 
the Federal channel.
    (b) Report.--Not later than 60 days after initiating an activity 
under this section, the Secretary shall submit to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report that includes--
            (1) a description of the activities undertaken, including 
        the costs associated with the activities; and
            (2) a comprehensive description of how the activities are 
        necessary for maintaining safe and reliable navigation of the 
        Federal channel.

SEC. 2058. RESTRICTED AREAS AT CORPS OF ENGINEERS DAMS.

    (a) Definitions.--In this section:
            (1) Restricted area.--The term ``restricted area'' means a 
        restricted area for hazardous waters at dams and other civil 
        works structures in the Cumberland River basin established 
        pursuant to chapter 10 of the regulation entitled ``Project 
        Operations: Navigation and Dredging Operations and Maintenance 
        Policies'', published by the Corps of Engineers on November 29, 
        1996, and any related regulations or guidance.
            (2) State.--The term ``State'' means the applicable agency 
        of the State (including an official of that agency) in which 
        the applicable dam is located that is responsible for enforcing 
        boater safety.
    (b) Restriction on Physical Barriers.--Subject to subsection (c), 
the Secretary, acting through the Chief of Engineers, in the 
establishing and enforcing restricted areas, shall not take any action 
to establish a permanent physical barrier to prevent public access to 
waters downstream of a dam owned by the Corps of Engineers.
    (c) Exclusions.--For purposes of this section, the installation and 
maintenance of measures for alerting the public of hazardous water 
conditions and restricted areas, including sirens, strobe lights, and 
signage, shall not be considered to be a permanent physical barrier 
under subsection (b).
    (d) Enforcement.--
            (1) In general.--Enforcement of a restricted area shall be 
        the sole responsibility of a State.
            (2) Existing authorities.--The Secretary shall not assess 
        any penalty for entrance into a restricted area under section 4 
        of the Act entitled ``An Act authorizing the construction of 
        certain public works on rivers and harbors for flood control, 
        and for other purposes'', approved December 22, 1944 (16 U.S.C. 
        460d).
    (e) Development or Modification of Restricted Areas.--In 
establishing a new restricted area or modifying an existing restricted 
area, the Secretary shall--
            (1) ensure that any restrictions are based on operational 
        conditions that create hazardous waters; and
            (2) publish a draft describing the restricted area and seek 
        and consider public comment on that draft prior to establishing 
        or modifying any restricted area.
    (f) Effective Date.--
            (1) In general.--Subject to paragraph (2), this section 
        shall apply to the establishment of a new restricted area or 
        the modification of an existing restricted area on or after 
        August 1, 2012.
            (2) Existing restrictions.--If the Secretary, acting 
        through the Chief of Engineers, has established a new 
        restricted area or modified an existing restricted area during 
        the period beginning on August 1, 2012, and ending on the date 
        of enactment of this Act, the Secretary shall--
                    (A) cease implementing the restricted area until 
                the later of--
                            (i) such time as the restricted area meets 
                        the requirements of this section; and
                            (ii) the date that is 2 years after the 
                        date of enactment of this Act; and
                    (B) remove any permanent physical barriers 
                constructed in connection with the restricted area.

SEC. 2059. MAXIMUM COST OF PROJECTS.

    Section 902 of the Water Resources Development Act of 1986 (33 
U.S.C. 2280) is amended--
            (1) by striking ``In order to'' and inserting the 
        following:
    ``(a) In General.--In order to''; and
            (2) by adding at the end the following:
    ``(b) Contributed Funds.--Nothing in this section affects the 
authority of the Secretary to complete construction of a water 
resources development project using funds contributed under section 5 
of the Act of June 22, 1936 (33 U.S.C. 701h).''.

SEC. 2060. DONALD G. WALDON LOCK AND DAM.

    (a) Findings.--Congress finds that--
            (1) the Tennessee-Tombigbee Waterway Development Authority 
        is a 4-State compact comprised of the States of Alabama, 
        Kentucky, Mississippi, and Tennessee;
            (2) the Tennessee-Tombigbee Authority is the regional non-
        Federal sponsor of the Tennessee-Tombigbee Waterway;
            (3) the Tennessee-Tombigbee Waterway, completed in 1984, 
        has fueled growth in the United States economy by reducing 
        transportation costs and encouraging economic development; and
            (4) the selfless determination and tireless work of Donald 
        G. Waldon, while serving as administrator of the waterway 
        compact for 21 years, contributed greatly to the realization 
        and success of the Tennessee-Tombigbee Waterway.
    (b) Sense of Congress.--It is the sense of Congress that, at an 
appropriate time and in accordance with the rules of the House of 
Representatives and the Senate, the lock and dam located at mile 357.5 
on the Tennessee-Tombigbee Waterway should be known and designated as 
the ``Donald G. Waldon Lock and Dam''.

SEC. 2061. IMPROVING PLANNING AND ADMINISTRATION OF WATER SUPPLY 
              STORAGE.

    (a) In General.--The Secretary shall carry out activities to enable 
non-Federal interests to anticipate and accurately budget for annual 
operations and maintenance costs and, as applicable, repair, 
rehabilitation, and replacements costs, including through--
            (1) the formulation by the Secretary of a uniform billing 
        statement format for those storage agreements relating to 
        operations and maintenance costs, and as applicable, repair, 
        rehabilitation, and replacement costs, incurred by the 
        Secretary, which, at a minimum, shall include--
                    (A) a detailed description of the activities 
                carried out relating to the water supply aspects of the 
                project;
                    (B) a clear explanation of why and how those 
                activities relate to the water supply aspects of the 
                project; and
                    (C) a detailed accounting of the cost of carrying 
                out those activities; and
            (2) a review by the Secretary of the regulations and 
        guidance of the Corps of Engineers relating to criteria and 
        methods for the equitable distribution of joint project costs 
        across project purposes in order to ensure consistency in the 
        calculation of the appropriate share of joint project costs 
        allocable to the water supply purpose.
    (b) Report to Congress.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        report on the findings of the reviews carried out under 
        subsection (a)(2) and any subsequent actions taken by the 
        Secretary relating to those reviews.
            (2) Inclusions.--The report under paragraph (1) shall 
        include an analysis of the feasibility and costs associated 
        with the provision by the Secretary to each non-Federal 
        interest of not less than 1 statement each year that details 
        for each water storage agreement with non-Federal interests at 
        Corps of Engineers projects the estimated amount of the 
        operations and maintenance costs and, as applicable, the 
        estimated amount of the repair, rehabilitation, and replacement 
        costs, for which the non-Federal interest will be responsible 
        in that fiscal year.
            (3) Extension.--The Secretary may delay the submission of 
        the report under paragraph (1) for a period not to exceed 180 
        days after the deadline described in paragraph (1), subject to 
        the condition that the Secretary submits a preliminary progress 
        report to Congress not later than 1 year after the date of 
        enactment of this Act.

SEC. 2062. CREDITING AUTHORITY FOR FEDERALLY AUTHORIZED NAVIGATION 
              PROJECTS.

    A non-Federal interest for a navigation project may carry out 
operation and maintenance activities for that project subject to all 
applicable requirements that would apply to the Secretary carrying out 
such operations and maintenance, and may receive credit for the costs 
incurred by the non-Federal interest in carrying out such activities 
towards that non-Federal interest's share of construction costs for a 
federally authorized element of the same project or another federally 
authorized navigation project, except that in no instance may such 
credit exceed 20 percent of the costs associated with construction of 
the general navigation features of the project for which such credit 
may be received pursuant to this section.

SEC. 2063. RIVER BASIN COMMISSIONS.

    Section 5019 of the Water Resources Development Act of 2007 (121 
Stat. 1201) is amended by striking subsection (b) and inserting the 
following:
    ``(b) Authorization To Allocate.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        shall allocate funds from the General Expenses account of the 
        civil works program of the Army Corps of Engineers to the 
        Susquehanna River Basin Commission, Delaware River Basin 
        Commission, and the Interstate Commission on the Potomac River 
        Basin to fulfill the equitable funding requirements of the 
        respective interstate compacts on an annual basis and in 
        amounts equal to the amount determined by Commission in 
        accordance with the respective interstate compact.
            ``(2) Limitation.--Not more than 1.5 percent of funds from 
        the General Expenses account of the civil works program of the 
        Army Corps of Engineers may be allocated in carrying out 
        paragraph (1) for any fiscal year.
            ``(3) Report.--For any fiscal year in which funds are not 
        allocated in accordance with paragraph (1), the Secretary shall 
        submit to the Committee on Environment and Public Works of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives a report that describes--
                    ``(A) the reasons why the Corps of Engineers chose 
                not to allocate funds in accordance with that 
                paragraph; and
                    ``(B) the impact of the decision not to allocate 
                funds on water supply allocation, water quality 
                protection, regulatory review and permitting, water 
                conservation, watershed planning, drought management, 
                flood loss reduction, and recreation in each area of 
                jurisdiction of the respective Commission.''.

SEC. 2064. RESTRICTION ON CHARGES FOR CERTAIN SURPLUS WATER.

    (a) In General.--No fee for surplus water shall be charged under a 
contract for surplus water if the contract is for surplus water stored 
on the Missouri River.
    (b) Offset.--Of the amounts previously made available for ``Corps 
of Engineers-Civil, Department of the Army, Operations and 
Maintenance'' that remain unobligated as of the effective date of this 
Act, $5,000,000 is hereby rescinded.
    (c) None of the funds under subsection (b) may be rescinded from 
amounts that were designated by the Congress as an emergency 
requirement pursuant to the Concurrent Resolution on the Budget or the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                    TITLE III--PROJECT MODIFICATIONS

SEC. 3001. PURPOSE.

    The purpose of this title is to modify existing water resource 
project authorizations, subject to the condition that the modifications 
do not affect authorized costs.

SEC. 3002. CHATFIELD RESERVOIR, COLORADO.

    Section 116 of the Energy and Water Development and Related 
Agencies Appropriations Act, 2009 (123 Stat. 608), is amended in the 
matter preceding the proviso by inserting ``(or a designee of the 
Department)'' after ``Colorado Department of Natural Resources''.

SEC. 3003. MISSOURI RIVER RECOVERY IMPLEMENTATION COMMITTEE EXPENSES 
              REIMBURSEMENT.

    Section 5018(b)(5) of the Water Resources Development Act of 2007 
(121 Stat. 1200) is amended by striking subparagraph (B) and inserting 
the following:
                    ``(B) Travel expenses.--Subject to the availability 
                of funds, the Secretary may reimburse a member of the 
                Committee for travel expenses, including per diem in 
                lieu of subsistence, at rates authorized for an 
                employee of a Federal agency under subchapter I of 
                chapter 57 of title 5, United States Code, while away 
                from the home or regular place of business of the 
                member in performance of services for the Committee.''.

SEC. 3004. HURRICANE AND STORM DAMAGE REDUCTION STUDY.

    With respect to the study for flood and storm damage reduction 
related to natural disasters to by carried out by the Secretary and 
authorized under the heading ``investigations'' under title II of 
division A of Public Law 113-2, the Secretary shall include specific 
project recommendations in the report developed for that study.

SEC. 3005. LOWER YELLOWSTONE PROJECT, MONTANA.

    Section 3109 of the Water Resources Development Act of 2007 (121 
Stat. 1135) is amended--
            (1) by striking ``The Secretary may'' and inserting the 
        following:
    ``(a) In General.--The Secretary may''; and
            (2) by adding at the end the following:
    ``(b) Local Participation.--In carrying out subsection (a), the 
Secretary shall consult with, and consider the activities being carried 
out by--
            ``(1) other Federal agencies;
            ``(2) conservation districts;
            ``(3) the Yellowstone River Conservation District Council; 
        and
            ``(4) the State of Montana.''.

SEC. 3006. PROJECT DEAUTHORIZATIONS.

    (a) Goose Creek, Somerset County, Maryland.--The project for 
navigation, Goose Creek, Somerset County, Maryland, carried out 
pursuant to section 107 of the Rivers and Harbor Act of 1960 (33 U.S.C. 
577), is realigned as follows: Beginning at Goose Creek Channel 
Geometry Centerline of the 60-foot-wide main navigational ship channel, 
Centerline Station No. 0+00, coordinates North 157851.80, East 
1636954.70, as stated and depicted on the Condition Survey Goose Creek, 
Sheet 1 of 1, prepared by the United States Army Corps of Engineers, 
Baltimore District, July 2003; thence departing the aforementioned 
centerline traveling the following courses and distances: S. 64 degrees 
49 minutes 06 seconds E., 1583.82 feet to a point, on the outline of 
said 60-foot-wide channel thence binding on said out-line the following 
four courses and distances: S. 63 degrees 26 minutes 06 seconds E., 
1460.05 feet to a point, thence; N. 50 degrees 38 minutes 26 seconds 
E., 973.28 feet to a point, thence; N. 26 degrees 13 minutes 09 seconds 
W., 240.39 feet to a point on the Left Toe of the 60-foot-wide main 
navigational channel at computed Centerline Station No. 42+57.54, 
coordinates North 157357.84, East 1640340.23. Geometry Left Toe of the 
60-foot-wide main navigational ship channel, Left Toe Station No. 0+00, 
coordinates North 157879.00, East 1636967.40, as stated and depicted on 
the Condition Survey Goose Creek, Sheet 1 of 1, prepared by the United 
States Army Corps of Engineers, Baltimore District, August 2010; thence 
departing the aforementioned centerline traveling the following courses 
and distances: S. 64 degrees 49 minutes 12 seconds E., 1583.91 feet to 
a point, on the outline of said 60-foot-wide channel thence binding on 
said out-line the following eight courses and distances: S. 63 degrees 
25 minutes 38 seconds E., 1366.25 feet to a point, thence; N. 83 
degrees 36 minutes 24 seconds E., 125.85 feet to a point, thence; N. 50 
degrees 38 minutes 26 seconds E., 805.19 feet to a point, thence; N. 12 
degrees 12 minutes 29 seconds E., 78.33 feet to a point thence; N. 26 
degrees 13 minutes 28 seconds W., 46.66 feet to a point thence; S. 63 
degrees 45 minutes 41 seconds W., 54.96 feet to a point thence; N. 26 
degrees 13 minutes 24 seconds W., 119.94 feet to a point on the Left 
Toe of the 60-foot-wide main navigational channel at computed 
Centerline Station No. 41+81.10, coordinates North 157320.30, East 
1640264.00. Geometry Right Toe of the 60-foot-wide main navigational 
ship channel, Right Toe Station No. 0+00, coordinates North 157824.70, 
East 1636941.90, as stated and depicted on the Condition Survey Goose 
Creek, Sheet 1 of 1, prepared by the United States Army Corps of 
Engineers, Baltimore District, August 2010; thence departing the 
aforementioned centerline traveling the following courses and 
distances: S. 64 degrees 49 minutes 06 seconds E., 1583.82 feet to a 
point, on the outline of said 60-foot-wide channel thence binding on 
said out-line the following six courses and distances: S. 63 degrees 25 
minutes 47 seconds E., 1478.79 feet to a point, thence; N. 50 degrees 
38 minutes 26 seconds E., 1016.69 feet to a point, thence; N. 26 
degrees 14 minutes 49 seconds W., 144.26 feet to a point, thence; N. 63 
degrees 54 minutes 03 seconds E., 55.01 feet to a point thence; N. 26 
degrees 12 minutes 08 seconds W., 120.03 feet to a point a point on the 
Right Toe of the 60-foot-wide main navigational channel at computed 
Centerline Station No. 43+98.61, coordinates North 157395.40, East 
1640416.50.
    (b) Lower Thoroughfare, Deal Island, Maryland.--Beginning on the 
date of enactment of this Act, the Secretary is no longer authorized to 
carry out the portion of the project for navigation, Lower 
Thoroughfare, Maryland, authorized by the Act of June 25, 1910 (36 
Stat. 630, chapter 382) (commonly known as the ``River and Harbor Act 
of 1910''), that begins at Lower Thoroughfare Channel Geometry 
Centerline of the 60-foot-wide main navigational ship channel, 
Centerline Station No. 44+88, coordinates North 170435.62, East 
1614588.93, as stated and depicted on the Condition Survey Lower 
Thoroughfare, Deal Island, Sheet 1 of 3, prepared by the United States 
Army Corps of Engineers, Baltimore District, August 2010; thence 
departing the aforementioned centerline traveling the following courses 
and distances: S. 42 degrees 20 minutes 44 seconds W., 30.00 feet to a 
point, on the outline of said 60-foot-wide channel thence binding on 
said out-line the following four courses and distances: N. 64 degrees 
08 minutes 55 seconds W., 53.85 feet to a point, thence; N. 42 degrees 
20 minutes 43 seconds W., 250.08 feet to a point, thence; N. 47 degrees 
39 minutes 03 seconds E., 20.00 feet to a point, thence; S. 42 degrees 
20 minutes 44 seconds E., 300.07 feet to a point binding on the Left 
Toe of the 60-foot-wide main navigational channel at computed 
Centerline Station No. 43+92.67, coordinates North 170415.41, 
1614566.76; thence; continuing with the aforementioned centerline the 
following courses and distances: S. 42 degrees 20 minutes 42 seconds 
W., 30.00 feet to a point, on the outline of said 60-foot-wide channel 
thence binding on said out-line the following four courses and 
distances: N. 20 degrees 32 minutes 06 seconds W., 53.85 feet to a 
point, thence; N. 42 degrees 20 minutes 49 seconds W., 250.08 feet to a 
point, thence; S. 47 degrees 39 minutes 03 seconds W., 20.00 feet to a 
point, thence; S. 42 degrees 20 minutes 46 seconds E., 300.08 feet to a 
point binding on the Left Toe of the 60-foot-wide main navigational 
channel at computed Centerline Station No. 43+92.67, coordinates North 
170415.41, 1614566.76.
    (c) Thomaston Harbor, Georges River, Maine.--Beginning on the date 
of enactment of this Act, the Secretary is no longer authorized to 
carry out the portion of the project for navigation, Georges River, 
Maine (Thomaston Harbor), authorized by the first section of the Act of 
June 3, 1896 (29 Stat. 215, chapter 314), and modified by section 317 
of the Water Resources Development Act of 2000 (Public Law 106-541; 114 
Stat. 2604), that lies northwesterly of a line commencing at point 
N87,220.51, E321,065.80 thence running northeasterly about 125 feet to 
a point N87,338.71, E321,106.46.
    (d) Warwick Cove, Rhode Island.--Beginning on the date of enactment 
of this Act, the Secretary is no longer authorized to carry out the 
portion of the project for navigation, Warwick Cove, Rhode Island, 
authorized by section 107 of the River and Harbor Act of 1960 (33 
U.S.C. 577) that is located within the 5 acre anchorage area east of 
the channel and lying east of the line beginning at a point with 
coordinates N220,349.79, E357,664.90 thence running north 9 degrees 10 
minutes 21.5 seconds west 170.38 feet to a point N220,517.99, 
E357,637.74 thence running north 17 degrees 44 minutes 30.4 seconds 
west 165.98 feet to a point N220,676.08, E357,587.16 thence running 
north 0 degrees 46 minutes 0.9 seconds east 138.96 feet to a point 
N220,815.03, E357,589.02 thence running north 8 degrees 36 minutes 22.9 
seconds east 101.57 feet to a point N220,915.46, E357,604.22 thence 
running north 18 degrees 18 minutes 27.3 seconds east 168.20 feet to a 
point N221,075.14, E357,657.05 thence running north 34 degrees 42 
minutes 7.2 seconds east 106.4 feet to a point N221,162.62, E357,717.63 
thence running south 29 degrees 14 minutes 17.4 seconds east 26.79 feet 
to a point N221,139.24, E357,730.71 thence running south 30 degrees 45 
minutes 30.5 seconds west 230.46 feet to a point N220,941.20, 
E357,612.85 thence running south 10 degrees 49 minutes 12.0 seconds 
west 95.46 feet to a point N220,847.44, E357,594.93 thence running 
south 9 degrees 13 minutes 44.5 seconds east 491.68 feet to a point 
N220,362.12, E357,673.79 thence running south 35 degrees 47 minutes 
19.4 seconds west 15.20 feet to the point of origin.
    (e) Clatsop County Diking District No. 10, Karlson Island, 
Oregon.--Beginning on the date of enactment of this Act, the Secretary 
is no longer authorized to carry out the Diking District No. 10, 
Karlson Island portion of the project for raising and improving 
existing levees in Clatsop County, Oregon, authorized by section 5 of 
the Act of June 22, 1936 (33 U.S.C. 701h).
    (f) Numberg Dike No. 34 Leveed Area, Clatsop County Diking District 
No. 13, Clatsop County, Oregon (Walluski-Youngs).--Beginning on the 
date of enactment of this Act, the Secretary is no longer authorized to 
carry out the Numberg Dike No. 34 leveed area, Clatsop County Diking 
District, No. 13, Walluski River and Youngs River dikes, portion of the 
project for raising and improving existing levees in Clatsop County, 
Oregon, authorized by section 5 of the Act of June 22, 1936 (33 U.S.C. 
701h).
    (g) Port of Hood River, Oregon.--
            (1) Extinguishment of portions of existing flowage 
        easement.--With respect to the properties described in 
        paragraph (2), beginning on the date of enactment of this Act, 
        the flowage easement identified as Tract 1200E-6 on the 
        Easement Deed recorded as Instrument No. 740320 is extinguished 
        above elevation 79.39 feet (NGVD 29) the Ordinary High Water 
        Line.
            (2) Affected properties.--The properties referred to in 
        paragraph (1), as recorded in Hood River County, Oregon, are as 
        follows:
                    (A) Instrument Number 2010-1235
                    (B) Instrument Number 2010-02366.
                    (C) Instrument Number 2010-02367.
                    (D) Parcel 2 of Partition Plat #2011-12P.
                    (E) Parcel 1 of Partition Plat 2005-26P.
            (3) Federal liabilities; cultural, environmental, and other 
        regulatory reviews.--
                    (A) Federal liability.--The United States shall not 
                be liable for any injury caused by the extinguishment 
                of the easement under this subsection.
                    (B) Cultural and environmental regulatory 
                actions.--Nothing in this subsection establishes any 
                cultural or environmental regulation relating to the 
                properties described in paragraph (2).
            (4) Effect on other rights.--Nothing in this subsection 
        affects any remaining right or interest of the Corps of 
        Engineers in the properties described in paragraph (2).
    (h) Eightmile River, Connecticut.--
            (1) The portion of the project for navigation, Eightmile 
        River, Connecticut, authorized by the first section of the Act 
        of June 25, 1910 (commonly known as the ``River and Harbor Act 
        of 1910'') (36 Stat. 633, chapter 382), that begins at a point 
        of the existing 8-foot channel limit with coordinates 
        N701002.39, E1109247.73, thence running north 2 degrees 19 
        minutes 57.1 seconds east 265.09 feet to a point N701267.26, 
        E1109258.52, thence running north 7 degrees 47 minutes 19.3 
        seconds east 322.32 feet to a point N701586.60, E1109302.20, 
        thence running north 90 degrees 0 minutes 0 seconds east 65.61 
        to a point N701586.60, E1109367.80, thence running south 7 
        degrees 47 minutes 19.3 seconds west 328.11 feet to a point 
        N701261.52, E1109323.34, thence running south 2 degrees 19 
        minutes 57.1 seconds west 305.49 feet to an end at a point 
        N700956.28, E1109310.91 on the existing 8-foot channel limit, 
        shall be reduced to a width of 65 feet and the channel 
        realigned to follow the deepest available water.
            (2) Beginning on the date of enactment of this Act, the 
        Secretary is no longer authorized to carry out the portion of 
        the project beginning at a point N701296.72, E1109262.55 and 
        running north 45 degrees 4 minutes 2.8 seconds west 78.09 feet 
        to a point N701341.18, E1109217.98, thence running north 5 
        degrees 8 minutes 34.6 seconds east 180.14 feet to a point 
        N701520.59, E1109234.13, thence running north 54 degrees 5 
        minutes 50.1 seconds east 112.57 feet to a point N701568.04, 
        E1109299.66, thence running south 7 degrees 47 minutes 18.4 
        seconds west 292.58 feet to the point of origin; and the 
        remaining area north of the channel realignment beginning at a 
        point N700956.28, E1109310.91 thence running north 2 degrees 19 
        minutes 57.1 seconds east 305.49 feet west to a point 
        N701261.52, E1109323.34 north 7 degrees 47 minutes 18.4 seconds 
        east 328.11 feet to a point N701586.60, E1109367.81 thence 
        running north 90 degrees 0 minutes 0 seconds east 7.81 feet to 
        a point N701586.60, E1109375.62 thence running south 5 degrees 
        8 minutes 34.6 seconds west 626.29 feet to a point N700962.83, 
        E1109319.47 thence south 52 degrees 35 minutes 36.5 seconds 
        10.79 feet to the point of origin.
    (i) Burnham Canal.--Beginning on the date of enactment of this Act, 
the Secretary is no longer authorized to carry out the portion of the 
project for navigation, Milwaukee Harbor Project, Milwaukee, Wisconsin, 
known as the Burnham Canal, beginning at channel point #415a 
N381768.648, E2524554.836, a distance of about 170.58 feet, thence 
running south 53 degrees 43 minutes 41 seconds west to channel point 
#417 N381667.728, E2524417.311, a distance of about 35.01 feet, thence 
running south 34 degrees 10 minutes 40 seconds west to channel point 
#501 N381638.761, E2524397.639 a distance of about 139.25 feet, thence 
running south 34 degrees 10 minutes 48 seconds west to channel point 
#503 N381523.557, E2524319.406 a distance of about 235.98 feet, thence 
running south 32 degrees 59 minutes 13 seconds west to channel point 
#505 N381325.615, E2524190.925 a distance of about 431.29 feet, thence 
running south 32 degrees 36 minutes 05 seconds west to channel point 
#509 N380962.276, E2523958.547, a distance of about 614.52 feet, thence 
running south 89 degrees 05 minutes 00 seconds west to channel point 
#511 N380952.445, E2523344.107, a distance of about 74.68 feet, thence 
running north 89 degrees 04 minutes 59 seconds west to channel point 
#512 N381027.13, E2523342.91, a distance of about 533.84 feet, thence 
running north 89 degrees 05 minutes 00 seconds east to channel point 
#510 N381035.67, E2523876.69, a distance of about 47.86 feet, thence 
running north 61 degrees 02 minutes 07 seconds east to channel point 
#508 N381058.84, E2523918.56, a distance of about 308.55 feet, thence 
running north 36 degrees 15 minutes 29 seconds east to channel point 
#506 N381307.65, E2524101.05, distance of about 199.98 feet, thence 
running north 32 degrees 59 minutes 12 seconds east to channel point 
#504 N381475.40, E2524209.93, a distance of about 195.14 feet, thence 
running north 26 degrees 17 minutes 22 seconds east to channel point 
#502 N381650.36, E2524296.36, a distance of about 81.82 feet, thence 
running north 88 degrees 51 minutes 05 seconds west to channel point 
#419 N381732.17, E2524294.72 a distance of about 262.65 feet, thence 
running north 82 degrees 01 minutes 02 seconds east to channel point # 
415a the point of origin.
    (j) Walnut Creek, California.--Beginning on the date of enactment 
of this Act, the Secretary is no longer authorized to carry out the 
portion of the project for flood protection on Walnut Creek, 
California, constructed in accordance with the plan authorized by 
section 203 of the Flood Control Act of 1960 (Public Law 86-645; 74 
Stat. 488) that consists of the culvert on the San Ramon Creek 
constructed by the Department of the Army in 1971 that extends from Sta 
4+27 to Sta 14+27.

SEC. 3007. RARITAN RIVER BASIN, GREEN BROOK SUB-BASIN, NEW JERSEY.

    Title I of the Energy and Water Development Appropriations Act, 
1998 (Public Law 105-62; 111 Stat. 1327) is amended by striking section 
102.

SEC. 3008. RED RIVER BASIN, OKLAHOMA, TEXAS, ARKANSAS, LOUISIANA.

    (a) In General.--The Secretary is authorized to reassign unused 
irrigation storage within a reservoir on the Red River Basin to 
municipal and industrial water supply for use by a non-Federal interest 
if that non-Federal interest has already contracted for a share of 
municipal and industrial water supply on the same reservoir.
    (b) Non-Federal Interest.--A reassignment of storage under 
subsection (a) shall be contingent upon the execution of an agreement 
between the Secretary and the applicable non-Federal interest.

SEC. 3009. POINT JUDITH HARBOR OF REFUGE, RHODE ISLAND.

    The project for the Harbor of Refuge at Point Judith, Narragansett, 
Rhode Island, adopted by the Act of September 19, 1890 (commonly known 
as the ``River and Harbor Act of 1890'') (26 Stat. 426, chapter 907), 
House Document numbered 66, 51st Congress, 1st Session, and modified to 
include the west shore arm breakwater under the first section of the 
Act of June 25, 1910 (commonly known as the ``River and Harbor Act of 
1910'') (36 Stat. 632, chapter 382), is further modified to include 
shore protection and erosion control as project purposes.

SEC. 3010. LAND CONVEYANCE OF HAMMOND BOAT BASIN, WARRENTON, OREGON.

    (a) Definitions.--In this section:
            (1) City.--The term ``City'' means the city of Warrenton, 
        located in Clatsop County, Oregon.
            (2) Map.--The term ``map'' means the map contained in 
        Exhibit A of Department of the Army Lease No. DACW57-1-88-0033 
        (or a successor instrument).
    (b) Conveyance Authority.--Subject to the provisions of this 
section, the Secretary shall convey to the City by quitclaim deed, and 
without consideration, all right, title, and interest of the United 
States in and to the parcel of land described in subsection (c).
    (c) Description of Land.--
            (1) In general.--Except as provided in paragraph (2), the 
        land referred to in subsection (b) is the parcel totaling 
        approximately 59 acres located in the City, together with any 
        improvements thereon, including the Hammond Marina (as 
        described in the map).
            (2) Exclusion.--The land referred to in subsection (b) 
        shall not include the site provided for the fisheries research 
        support facility of the National Marine Fisheries Service.
            (3) Availability of map.--The map shall be on file in the 
        Portland District Office of the Corps of Engineers.
    (d) Terms and Conditions.--
            (1) In general.--As a condition of the conveyance under 
        subsection (b), the City shall agree in writing--
                    (A) that the City and any successor or assign of 
                the City will release and indemnify the United States 
                from any claims or liabilities that may arise from or 
                through the operations of the land conveyed by the 
                United States; and
                    (B) to pay any cost associated with the conveyance 
                under subsection (b).
            (2) Additional terms and conditions.--The Secretary may 
        impose such additional terms, conditions, and requirements on 
        the conveyance under subsection (b) as the Secretary considers 
        appropriate to protect the interest of the United States, 
        including the requirement that the City assume full 
        responsibility for operating and maintaining the channel and 
        the breakwater.
    (e) Reversion.--If the Secretary determines that the land conveyed 
under this section ceases to be owned by the public, all right, title, 
and interest in and to the land shall, at the discretion of the 
Secretary, revert to the United States.
    (f) Deauthorization.--After the land is conveyed under this 
section, the land shall no longer be a portion of the project for 
navigation, Hammond Small Boat Basin, Oregon, authorized by section 107 
of the Rivers and Harbor Act of 1960 (33 U.S.C. 577).

SEC. 3011. METRO EAST FLOOD RISK MANAGEMENT PROGRAM, ILLINOIS.

    (a) In General.--The following projects shall constitute a program, 
to be known as the ``Metro East Flood Risk Management Program, 
Illinois'':
            (1) Prairie du Pont Drainage and Levee District and Fish 
        Lake Drainage and Levee District, Illinois, authorized by--
                    (A) section 5 of the Act of June 22, 1936 (33 
                U.S.C. 701h); and
                    (B) section 5070 of the Water Resources Development 
                Act of 2007 (Public Law 110-114; 121 Stat. 1220).
            (2) East St. Louis, Illinois, authorized by--
                    (A) section 5 of the Act of June 22, 1936 (33 
                U.S.C. 701h); and
                    (B) Energy and Water Development Appropriation Act, 
                1988 (Public Law 100-202; 101 Stat. 1329-104).
            (3) Wood River Drainage and Levee District, Illinois, 
        authorized by--
                    (A) section 4 of the Act entitled ``An Act 
                authorizing the construction of certain public works on 
                rivers and harbors for flood control, and for other 
                purposes'', approved June 28, 1938 (52 Stat. 1218); and
                    (B) section 1001(20) of the Water Resources 
                Development Act of 2007 (Public Law 110-114; 121 Stat. 
                1053).

SEC. 3012. FLORIDA KEYS WATER QUALITY IMPROVEMENTS.

    Section 109 of title I of division B of the Miscellaneous 
Appropriations Act, 2001 (114 Stat. 2763A-221, 121 Stat. 1217) is 
amended--
            (1) in subsection (a), by inserting ``and unincorporated 
        communities'' after ``municipalities''; and
            (2) by redesignating subsection (f) as subsection (g); and
            (3) by inserting after subsection (e) the following:
    ``(f) Priority.--In providing assistance under this section, the 
Secretary shall give priority to projects sponsored by--
            ``(1) the State of Florida;
            ``(2) Monroe County, Florida; and
            ``(3) incorporated communities in Monroe County, 
        Florida.''.

SEC. 3013. DES MOINES RECREATIONAL RIVER AND GREENBELT, IOWA.

    The boundaries for the project referred to as the Des Moines 
Recreational River and Greenbelt, Iowa under the heading ``corps of 
engineers--civil'' under the heading ``Department of the Army'' under 
the heading ``DEPARTMENT OF DEFENSE--CIVIL'' in chapter IV of title I 
of the Supplemental Appropriations Act, 1985 (Public Law 99-88, 99 
Stat. 313) are revised to include the entirety of sections 19 and 29, 
situated in T89N, R28W.

SEC. 3014. LAND CONVEYANCE, CRANEY ISLAND DREDGED MATERIAL MANAGEMENT 
              AREA, PORTSMOUTH, VIRGINIA.

    (a) In General.--Subject to the conditions described in this 
section, the Secretary may convey to the Commonwealth of Virginia, by 
quitclaim deed and without consideration, all right, title, and 
interest of the United States in and to 2 parcels of land situated 
within the project for navigation, Craney Island Eastward Expansion, 
Norfolk Harbor and Channels, Hampton Roads, Virginia, authorized by 
section 1001(45) of the Water Resources Development Act of 2007 (Pub. 
L. 110-114; 121 Stat. 1057), together with any improvements thereon.
    (b) Lands To Be Conveyed.--
            (1) In general.--The 2 parcels of land to be conveyed under 
        this section include a parcel consisting of approximately 
        307.82 acres of land and a parcel consisting of approximately 
        13.33 acres of land, both located along the eastern side of the 
        Craney Island Dredged Material Management Area in Portsmouth, 
        Virginia.
            (2) Use.--The 2 parcels of land described in paragraph (1) 
        may be used by the Commonwealth of Virginia exclusively for the 
        purpose of port expansion, including the provision of road and 
        rail access and the construction of a shipping container 
        terminal.
    (c) Terms and Conditions.--Land conveyed under this section shall 
be subject to--
            (1) a reversionary interest in the United States if the 
        land--
                    (A) ceases to be held in public ownership; or
                    (B) is used for any purpose that is inconsistent 
                with subsection (b); and
            (2) such other terms, conditions, reservations, and 
        restrictions that the Secretary determines to be necessary and 
        appropriate to protect the interests of the United States.
    (d) Legal Description.--The exact acreage and legal description of 
land to be conveyed under this section shall be determined by a survey 
that is satisfactory to the Secretary.
    (e) Conveyance Costs.--The Commonwealth of Virginia shall be 
responsible for all costs associated with the conveyance authorized by 
this section, including the cost of the survey required under 
subsection (d) and other administrative costs.

SEC. 3015. LOS ANGELES COUNTY DRAINAGE AREA, CALIFORNIA.

    The project for flood control, Los Angeles County Drainage Area, 
California, authorized by section 101(b) of the Water Resources 
Development Act of 1990 (Pub. L. 101-640; 104 Stat. 4611), as modified, 
is further modified to authorize the Secretary to include, as a part of 
the project, measures for flood risk reduction, ecosystem restoration, 
and recreation in the Compton Creek watershed.

SEC. 3016. OAKLAND INNER HARBOR TIDAL CANAL, CALIFORNIA.

    Section 3182(b)(1) of the Water Resources Development Act of 2007 
(Public Law 110-114; 121 Stat. 1165) is amended--
            (1) in subparagraph (A), by inserting ``, or to a 
        multicounty public entity that is eligible to hold title to 
        real property'' after ``To the city of Oakland''; and
            (2) by inserting ``multicounty public entity or other'' 
        before ``public entity''.

SEC. 3017. REDESIGNATION OF LOWER MISSISSIPPI RIVER MUSEUM AND 
              RIVERFRONT INTERPRETIVE SITE.

    (a) In General.--Section 103(c)(1) of the Water Resources 
Development Act of 1992 (106 Stat. 4811) is amended by striking ``Lower 
Mississippi River Museum and Riverfront Interpretive Site'' and 
inserting ``Jesse Brent Lower Mississippi River Museum and Riverfront 
Interpretive Site''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the museum and 
interpretive site referred to in subsection (a) shall be deemed to be a 
reference to the ``Jesse Brent Lower Mississippi River Museum and 
Riverfront Interpretive Site''.

SEC. 3018. LOUISIANA COASTAL AREA.

    (a) Interim Adoption of Comprehensive Coastal Master Plan.--
            (1) In general.--Section 7002 of the Water Resources 
        Development Act of 2007 (Public Law 110-114; 121 Stat. 1270) is 
        amended--
                    (A) by redesignating subsections (d) through (f) as 
                subsections (e) through (g), respectively;
                    (B) by inserting after subsection (c) the 
                following:
    ``(d) Interim Adoption of Comprehensive Master Plan.--Prior to 
completion of the comprehensive plan described under subsection (a), 
the Secretary shall adopt the plan of the State of Louisiana entitled 
`Louisiana's Comprehensive Master Plan for a Sustainable Coast' in 
effect on the date of enactment of the Water Resources Development Act 
of 2013 (and subsequent plans), authorized and defined pursuant to Act 
8 of the First Extraordinary Session of the Louisiana State 
Legislature, 2005, for protecting, preserving, and restoring the 
coastal Louisiana ecosystem until implementation of the comprehensive 
plan is complete.''; and
                    (C) in subsection (g)(1) (as so redesignated), by 
                striking ``1 year'' and inserting ``10 years''.
            (2) Conforming amendment.--Subsection (f) (as so 
        redesignated) is amended by striking ``subsection (d)(1)'' and 
        inserting ``subsection (e)(1)''.
    (b) Section 7006 of the Water Resources Development Act of 2007 
(Public Law 110-114; 121 Stat. 1274) is amended--
            (1) in subsection (a)(2)--
                    (A) by redesignating subparagraphs (C) and (D) as 
                subparagraphs (D) and (E), respectively; and
                    (B) by inserting after subparagraph (B) the 
                following:
                    ``(C) to examine a system-wide approach to coastal 
                sustainability, including--
                            ``(i) flood and storm damage protection;
                            ``(ii) coastal restoration; and
                            ``(iii) the elevation of public and private 
                        infrastructure;''; and
            (2) in subsection (c)(1)(E), by striking ``at Myrtle 
        Grove'' and inserting ``in the vicinity of Myrtle Grove''.
    (c) Effect.--
            (1) In general.--Nothing in this section or an amendment 
        made by this section authorizes the construction of a project 
        or program associated with a storm surge barrier across the 
        Lake Pontchartrain land bridge (including Chef Menteur Pass and 
        the Rigolets) that would result in unmitigated induced flooding 
        in coastal communities within the State of Mississippi.
            (2) Required consultation.--Any study to advance a project 
        described in paragraph (1) that is conducted using funds from 
        the General Investigations Account of the Corps of Engineers 
        shall include consultation and approval of the Governors of the 
        States of Louisiana and Mississippi.

SEC. 3019. FOUR MILE RUN, CITY OF ALEXANDRIA AND ARLINGTON COUNTY, 
              VIRGINIA.

    Section 84(a)(1) of the Water Resources Development Act of 1974 
(Public Law 93-251; 88 Stat. 35) is amended by striking ``twenty-seven 
thousand cubic feet per second'' and inserting ``18,000 cubic feet per 
second''.

SEC. 3020. EAST FORK OF TRINITY RIVER, TEXAS.

    The portion of the project for flood protection on the East Fork of 
the Trinity River, Texas, authorized by section 203 of the Flood 
Control Act of 1962 (76 Stat. 1185), that consists of the 2 levees 
identified as ``Kaufman County Levees K5E and K5W'' shall no longer be 
authorized as a part of the Federal project as of the date of enactment 
of this Act.

SEC. 3021. SEWARD WATERFRONT, SEWARD, ALASKA.

    (a) In General.--The parcel of land included in the Seward Harbor, 
Alaska navigation project identified as Tract H, Seward Original 
Townsite, Waterfront Park Replat, Plat No 2012-4, Seward Recording 
District, shall not be subject to the navigation servitude (as of the 
date of enactment of this Act).
    (b) Entry by Federal Government.--The Federal Government may enter 
upon any portion of the land referred to in subsection (a) to carry out 
any required operation and maintenance of the general navigation 
features of the project.

                    TITLE IV--WATER RESOURCE STUDIES

SEC. 4001. PURPOSE.

    The purpose of this title is to authorize the Secretary to study 
and recommend solutions for water resource issues relating to flood 
risk and storm damage reduction, navigation, and aquatic ecosystem 
restoration.

SEC. 4002. INITIATION OF NEW WATER RESOURCES STUDIES.

    (a) In General.--Subject to subsections (b), (c), and (d), the 
Secretary may initiate a study--
            (1) to determine the feasibility of carrying out 1 or more 
        projects for flood risk management, storm damage reduction, 
        aquatic ecosystem restoration, navigation, hydropower, or 
        related purposes; or
            (2) to carry out watershed and river basin assessments in 
        accordance with section 729 of the Water Resources Development 
        Act of 1986 (33 U.S.C. 2267a).
    (b) Criteria.--The Secretary may only initiate a study under 
subsection (a) if--
            (1) the study--
                    (A) has been requested by an eligible non-Federal 
                interest;
                    (B) is for an area that is likely to include a 
                project with a Federal interest; and
                    (C) addresses a high-priority water resource issue 
                necessary for the protection of human life and 
                property, the environment, or the national security 
                interests of the United States; and
            (2) the non-Federal interest has demonstrated--
                    (A) that local support exists for addressing the 
                water resource issue; and
                    (B) the financial ability to provide the required 
                non-Federal cost-share.
    (c) Congressional Approval.--
            (1) Submission to congress.--Prior to initiating a study 
        under subsection (a), the Secretary shall submit to the 
        Committees on Environment and Public Works and Appropriations 
        of the Senate and the Committees on Transportation and 
        Infrastructure and Appropriations of the House--
                    (A) a description of the study, including the 
                geographical area addressed by the study;
                    (B) a description of how the study meets each of 
                the requirements of subsection (b); and
                    (C) a certification that the proposed study can be 
                completed within 3 years and for a Federal cost of not 
                more than $3,000,000.
            (2) Expenditure of funds.--No funds may be spent on a study 
        initiated under subsection (a) unless--
                    (A) the required information is submitted to 
                Congress under paragraph (1); and
                    (B) after such submission, amounts are appropriated 
                to initiate the study in an appropriations or other 
                Act.
            (3) Additional notification.--The Secretary shall notify 
        each Senator or Member of Congress with a State or 
        congressional district in the study area described in paragraph 
        (1)(A).
    (d) Limitations.--
            (1) In general.--Subsection (a) shall not apply to a 
        project for which a study has been authorized prior to the date 
        of enactment of this Act.
            (2) New studies.--In each fiscal year, the Secretary may 
        initiate not more than--
                    (A) 3 new studies in each of the primary mission 
                areas of the Corps of Engineers; and
                    (B) 3 new studies from any 1 division of the Corps 
                of Engineers.
    (e) Termination.--The authority under subsection (a) expires on the 
date that is 3 years after the date of enactment of this Act.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $25,000,000 for 
each of fiscal years 2014 through 2017.

SEC. 4003. APPLICABILITY.

    (a) In General.--Nothing in this title authorizes the construction 
of a water resources project.
    (b) New Authorization Required.--New authorization from Congress is 
required before any project evaluated in a study under this title is 
constructed.

              TITLE V--REGIONAL AND NONPROJECT PROVISIONS

SEC. 5001. PURPOSE.

    The purpose of this title is to authorize regional, multistate 
authorities to address water resource needs and other non-project 
provisions.

SEC. 5002. NORTHEAST COASTAL REGION ECOSYSTEM RESTORATION.

    (a) In General.--The Secretary shall plan, design, and construct 
projects for aquatic ecosystem restoration within the coastal waters of 
the Northeastern United States from the State of Virginia to the State 
of Maine, including associated bays, estuaries, and critical riverine 
areas.
    (b) General Coastal Management Plan.--
            (1) Assessment.--The Secretary, in coordination with the 
        Administrator of the Environmental Protection Agency, the heads 
        of other appropriate Federal agencies, the Governors of the 
        coastal States from Virginia to Maine, nonprofit organizations, 
        and other interested parties, shall assess the needs regarding, 
        and opportunities for, aquatic ecosystem restoration within the 
        coastal waters of the Northeastern United States.
            (2) Plan.--The Secretary shall develop a general coastal 
        management plan based on the assessment carried out under 
        paragraph (1), maximizing the use of existing plans and 
        investigation, which plan shall include--
                    (A) an inventory and evaluation of coastal 
                habitats;
                    (B) identification of aquatic resources in need of 
                improvement;
                    (C) identification and prioritization of potential 
                aquatic habitat restoration projects; and
                    (D) identification of geographical and ecological 
                areas of concern, including--
                            (i) finfish habitats;
                            (ii) diadromous fisheries migratory 
                        corridors;
                            (iii) shellfish habitats;
                            (iv) submerged aquatic vegetation;
                            (v) wetland; and
                            (vi) beach dune complexes and other similar 
                        habitats.
    (c) Eligible Projects.--The Secretary may carry out an aquatic 
ecosystem restoration project under this section if the project--
            (1) is consistent with the management plan developed under 
        subsection (b); and
            (2) provides for--
                    (A) the restoration of degraded aquatic habitat 
                (including coastal, saltmarsh, benthic, and riverine 
                habitat);
                    (B) the restoration of geographical or ecological 
                areas of concern, including the restoration of natural 
                river and stream characteristics;
                    (C) the improvement of water quality; or
                    (D) other projects or activities determined to be 
                appropriate by the Secretary.
    (d) Cost Sharing.--
            (1) Management plan.--The management plan developed under 
        subsection (b) shall be completed at Federal expense.
            (2) Restoration projects.--The non-Federal share of the 
        cost of a project carried out under this section shall be 35 
        percent.
    (e) Cost Limitation.--Not more than $10,000,000 in Federal funds 
may be allocated under this section for an eligible project.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section (including funds for the 
completion of the management plan) $25,000,000 for each of fiscal years 
2014 through 2023.

SEC. 5003. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION 
              PROGRAM.

    Section 510 of the Water Resources Development Act of 1996 (Public 
Law 104-303; 110 Stat. 3759; 121 Stat. 1202) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``pilot program'' and 
                        inserting ``program''; and
                            (ii) by inserting ``in the basin States 
                        described in subsection (f) and the District of 
                        Columbia'' after ``interests''; and
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Form.--The assistance under paragraph (1) shall be in 
        the form of design and construction assistance for water-
        related resource protection and restoration projects affecting 
        the Chesapeake Bay estuary, based on the comprehensive plan 
        under subsection (b), including projects for--
                    ``(A) sediment and erosion control;
                    ``(B) protection of eroding shorelines;
                    ``(C) ecosystem restoration, including restoration 
                of submerged aquatic vegetation;
                    ``(D) protection of essential public works;
                    ``(E) beneficial uses of dredged material; and
                    ``(F) other related projects that may enhance the 
                living resources of the estuary.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Comprehensive Plan.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the Water Resources Development Act of 2013, the 
        Secretary, in cooperation with State and local governmental 
        officials and affected stakeholders, shall develop a 
        comprehensive Chesapeake Bay restoration plan to guide the 
        implementation of projects under subsection (a)(2).
            ``(2) Coordination.--The restoration plan described in 
        paragraph (1) shall, to the maximum extent practicable, 
        consider and avoid duplication of any ongoing or planned 
        actions of other Federal, State, and local agencies and 
        nongovernmental organizations.
            ``(3) Prioritization.--The restoration plan described in 
        paragraph (1) shall give priority to projects eligible under 
        subsection (a)(2) that will also improve water quality or 
        quantity or use natural hydrological features and systems.
            ``(4) Administration.--The Federal share of the costs of 
        carrying out paragraph (1) shall be 75 percent.'';
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``to provide'' 
                and all that follows through the period at the end and 
                inserting ``for the design and construction of a 
                project carried out pursuant to the comprehensive 
                Chesapeake Bay restoration plan described in subsection 
                (b).'';
                    (B) in paragraph (2)(A), by striking ``facilities 
                or resource protection and development plan'' and 
                inserting ``resource protection and restoration plan''; 
                and
                    (C) by adding at the end the following:
            ``(3) Projects on federal land.--A project carried out 
        pursuant to the comprehensive Chesapeake Bay restoration plan 
        described in subsection (b) that is located on Federal land 
        shall be carried out at the expense of the Federal agency that 
        owns the land on which the project will be a carried out.
            ``(4) Non-federal contributions.--A Federal agency carrying 
        out a project described in paragraph (3) may accept 
        contributions of funds from non-Federal entities to carry out 
        that project.'';
            (4) by striking subsection (e) and inserting the following:
    ``(e) Cooperation.--In carrying out this section, the Secretary 
shall cooperate with--
            ``(1) the heads of appropriate Federal agencies, 
        including--
                    ``(A) the Administrator of the Environmental 
                Protection Agency;
                    ``(B) the Secretary of Commerce, acting through the 
                Administrator of the National Oceanographic and 
                Atmospheric Administration;
                    ``(C) the Secretary of the Interior, acting through 
                the Director of the United States Fish and Wildlife 
                Service; and
                    ``(D) the heads of such other Federal agencies as 
                the Secretary determines to be appropriate; and
            ``(2) agencies of a State or political subdivision of a 
        State, including the Chesapeake Bay Commission.'';
            (5) by striking subsection (f) and inserting the following:
    ``(f) Projects.--The Secretary shall establish, to the maximum 
extent practicable, at least 1 project under this section in--
            ``(1) regions within the Chesapeake Bay watershed of each 
        of the basin States of Delaware, Maryland, New York, 
        Pennsylvania, Virginia, and West Virginia; and
            ``(2) the District of Columbia.'';
            (6) by striking subsection (h); and
            (7) by redesignating subsection (i) as subsection (h).

SEC. 5004. RIO GRANDE ENVIRONMENTAL MANAGEMENT PROGRAM, COLORADO, NEW 
              MEXICO, TEXAS.

    Section 5056 of the Water Resources Development Act of 2007 (121 
Stat. 1213) is amended--
            (1) in subsection (b)(2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``2008'' and inserting ``2014''; and
                    (B) in subparagraph (C), by inserting ``and an 
                assessment of needs for other related purposes in the 
                Rio Grande Basin, including flood damage reduction'' 
                after ``assessment'';
            (2) in subsection (c)(2)--
                    (A) by striking ``an interagency agreement with'' 
                and inserting ``1 or more interagency agreements with 
                the Secretary of State and''; and
                    (B) by inserting ``or the U.S. Section of the 
                International Boundary and Water Commission'' after 
                ``the Department of the Interior''; and
            (3) in subsection (f), by striking ``2011'' and inserting 
        ``2024''.

SEC. 5005. LOWER COLUMBIA RIVER AND TILLAMOOK BAY ECOSYSTEM 
              RESTORATION, OREGON AND WASHINGTON.

    Section 536(g) of the Water Resources Development Act of 2000 (114 
Stat. 2661) is amended by striking ``$30,000,000'' and inserting 
``$75,000,000''.

SEC. 5006. ARKANSAS RIVER, ARKANSAS AND OKLAHOMA.

    (a) Project Goal.--The goal for operation of the McClellan-Kerr 
Arkansas River navigation system, Arkansas and Oklahoma, shall be to 
maximize the use of the system in a balanced approach that incorporates 
advice from representatives from all project purposes to ensure that 
the full value of the system is realized by the United States.
    (b) McClellan-Kerr Arkansas River Navigation System Advisory 
Committee.--
            (1) In general.--In accordance with the Federal Advisory 
        Committee Act (5 U.S.C. App.), the Secretary shall establish an 
        advisory committee for the McClellan-Kerr Arkansas River 
        navigation system, Arkansas and Oklahoma, project authorized by 
        the Act of July 24, 1946 (60 Stat. 635, chapter 595).
            (2) Duties.--The advisory committee shall--
                    (A) serve in an advisory capacity only; and
                    (B) provide information and recommendations to the 
                Corps of Engineers relating to the efficiency, 
                reliability, and availability of the operations of the 
                McClellan-Kerr Arkansas River navigation system.
            (3) Selection and composition.--The advisory committee 
        shall be--
                    (A) selected jointly by the Little Rock district 
                engineer and the Tulsa district engineer; and
                    (B) composed of members that equally represent the 
                McClellan-Kerr Arkansas River navigation system project 
                purposes.
            (4) Agency resources.--The Little Rock district and the 
        Tulsa district of the Corps of Engineers, under the supervision 
        of the southwestern division, shall jointly provide the 
        advisory committee with adequate staff assistance, facilities, 
        and resources.
            (5) Termination.--
                    (A) In general.--Subject to subparagraph (B), the 
                advisory committee shall terminate on the date on which 
                the Secretary submits a report to Congress 
                demonstrating increases in the efficiency, reliability, 
                and availability of the McClellan-Kerr Arkansas River 
                navigation system.
                    (B) Restriction.--The advisory committee shall 
                terminate not less than 2 calendar years after the date 
                on which the advisory committee is established.

SEC. 5007. AQUATIC INVASIVE SPECIES PREVENTION AND MANAGEMENT; COLUMBIA 
              RIVER BASIN.

    (a) In General.--The Secretary may establish a program to prevent 
and manage aquatic invasive species in the Columbia River Basin in the 
States of Idaho, Montana, Oregon, and Washington.
    (b) Watercraft Inspection Stations.--
            (1) In general.--In carrying out this section, the 
        Secretary shall establish watercraft inspection stations in the 
        Columbia River Basin to be located in the States of Idaho, 
        Montana, Oregon, and Washington at locations, as determined by 
        the Secretary, with the highest likelihood of preventing the 
        spread of aquatic invasive species into reservoirs operated and 
        maintained by the Secretary.
            (2) Inclusions.--Locations identified under paragraph (1) 
        may include--
                    (A) State border crossings;
                    (B) international border crossings; and
                    (C) highway entry points that are used by owners of 
                watercraft to access boat launch facilities owned or 
                managed by the Secretary.
            (3) Cost-share.--The non-Federal share of the cost of 
        operating and maintaining watercraft inspection stations 
        described in paragraph (1) (including personnel costs) shall be 
        50 percent.
            (4) Other inspection sites.--The Secretary may establish 
        watercraft inspection stations using amounts made available to 
        carry out this section in States other than those described in 
        paragraph (1) at or near boat launch facilities that the 
        Secretary determines are regularly used by watercraft to enter 
        the States described in paragraph (1).
    (c) Monitoring and Contingency Planning.--The Secretary shall--
            (1) carry out risk assessments of each major public and 
        private water resources facility in the Columbia River Basin;
            (2) establish an aquatic invasive species monitoring 
        program in the Columbia River Basin;
            (3) establish a Columbia River Basin watershed-wide plan 
        for expedited response to an infestation of aquatic invasive 
        species; and
            (4) monitor water quality, including sediment cores and 
        fish tissue samples, at facilities owned or managed by the 
        Secretary in the Columbia River Basin.
    (d) Coordination.--In carrying out this section, the Secretary 
shall consult and coordinate with--
            (1) the States described in subsection (a);
            (2) Indian tribes; and
            (3) other Federal agencies, including--
                    (A) the Department of Agriculture;
                    (B) the Department of Energy;
                    (C) the Department of Homeland Security;
                    (D) the Department of Commerce; and
                    (E) the Department of the Interior.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $30,000,000, of 
which $5,000,000 may be used to carry out subsection (c).

SEC. 5008. UPPER MISSOURI BASIN FLOOD AND DROUGHT MONITORING.

    (a) In General.--The Secretary, in coordination with the 
Administrator of the National Oceanic and Atmospheric Administration, 
the Chief of the Natural Resources Conservation Service, the Director 
of the United States Geological Survey, and the Commissioner of the 
Bureau of Reclamation, shall establish a program to provide for--
            (1) soil moisture and snowpack monitoring in the Upper 
        Missouri River Basin to reduce flood risk and improve river and 
        water resource management in the Upper Missouri River Basin, as 
        outlined in the February 2013 report entitled ``Upper Missouri 
        Basin Monitoring Committee--Snow Sampling and Instrumentation 
        Recommendations'';
            (2) restoring and maintaining existing mid- and high-
        elevation snowpack monitoring sites operated under the SNOTEL 
        program of the Natural Resources Conservation Service; and
            (3) operating streamflow gages and related interpretive 
        studies in the Upper Missouri River Basin under the cooperative 
        water program and the national streamflow information program 
        of the United States Geological Service.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $11,250,000.
    (c) Use of Funds.--Amounts made available to the Secretary under 
this section shall be used to complement other related activities of 
Federal agencies that are carried out within the Missouri River Basin.
    (d) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States, in consultation 
with the Secretary, shall submit to the Committee on Environment and 
Public Works of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report that--
            (1) identifies progress made by the Secretary and other 
        Federal agencies to implement the recommendations contained in 
        the report described in subsection (a)(1) with respect to 
        enhancing soil moisture and snowpack monitoring in the Upper 
        Missouri Basin; and
            (2) includes recommendations to enhance soil moisture and 
        snowpack monitoring in the Upper Missouri Basin.

SEC. 5009. UPPER MISSOURI BASIN SHORELINE EROSION PREVENTION.

    (a) In General.--
            (1) Authorization of assistance.--The Secretary may provide 
        planning, design, and construction assistance to not more than 
        3 federally-recognized Indian tribes in the Upper Missouri 
        River Basin to undertake measures to address shoreline erosion 
        that is jeopardizing existing infrastructure resulting from 
        operation of a reservoir constructed under the Pick-Sloan 
        Missouri River Basin Program (authorized by section 9 of the 
        Act of December 22, 1944 (commonly known as the ``Flood Control 
        Act of 1944'') (58 Stat. 891, chapter 665)).
            (2) Limitation.--The projects described in paragraph (1) 
        shall be economically justified, technically feasible, and 
        environmentally acceptable.
    (b) Federal and Non-Federal Cost Share.--
            (1) In general.--Subject to paragraph (2), the Federal 
        share of the costs of carrying out this section shall be not 
        less than 75 percent.
            (2) Ability to pay.--The Secretary may adjust the Federal 
        and non-Federal shares of the costs of carrying out this 
        section in accordance with the terms and conditions of section 
        103(m) of the Water Resources Development Act of 1986 (33 
        U.S.C. 2213(m)).
    (c) Conditions.--The Secretary may provide the assistance described 
in subsection (a) only after--
            (1) consultation with the Department of the Interior; and
            (2) execution by the Indian tribe of a memorandum of 
        agreement with the Secretary that specifies that the tribe 
        shall--
                    (A) be responsible for--
                            (i) all operation and maintenance 
                        activities required to ensure the integrity of 
                        the measures taken; and
                            (ii) providing any required real estate 
                        interests in and to the property on which such 
                        measures are to be taken; and
                    (B) hold and save the United States free from 
                damages arising from planning, design, or construction 
                assistance provided under this section, except for 
                damages due to the fault or negligence of the United 
                States or its contractors.
    (d) Authorization of Appropriations.--For each Indian tribe 
eligible under this section, there is authorized to be appropriated to 
carry out this section not more than $30,000,000.

SEC. 5010. NORTHERN ROCKIES HEADWATERS EXTREME WEATHER MITIGATION.

    (a) In General.--Subject to subsection (b), the Secretary shall 
establish a program to mitigate the impacts of extreme weather events, 
such as floods and droughts, on communities, water users, and fish and 
wildlife located in and along the headwaters of the Columbia, Missouri, 
and Yellowstone Rivers (including the tributaries of those rivers) in 
the States of Idaho and Montana by carrying out river, stream, and 
floodplain protection and restoration projects, including--
            (1) floodplain restoration and reconnection;
            (2) floodplain and riparian area protection through the use 
        of conservation easements;
            (3) instream flow restoration projects;
            (4) fish passage improvements;
            (5) channel migration zone mapping; and
            (6) invasive weed management.
    (b) Restriction.--All projects carried out using amounts made 
available to carry out this section shall emphasize the protection and 
enhancement of natural riverine processes.
    (c) Non-federal Cost Share.--The non-Federal share of the costs of 
carrying out a project under this section shall not exceed 35 percent 
of the total cost of the project.
    (d) Coordination.--In carrying out this section, the Secretary--
            (1) shall consult and coordinate with the appropriate State 
        natural resource agency in each State; and
            (2) may--
                    (A) delegate any authority or responsibility of the 
                Secretary under this section to those State natural 
                resource agencies; and
                    (B) provide amounts made available to the Secretary 
                to carry out this section to those State natural 
                resource agencies.
    (e) Limitations.--Nothing in this section invalidates, preempts, or 
creates any exception to State water law, State water rights, or 
Federal or State permitted activities or agreements in the States of 
Idaho and Montana or any State containing tributaries to rivers in 
those States.
    (f) Effect of Section.--
            (1) In general.--Nothing in this section replaces or 
        provides a substitute for the authority to carry out projects 
        under section 3110 of the Water Resources Development Act of 
        2007 (121 Stat. 1135).
            (2) Funding.--The amounts made available to carry out this 
        section shall be used to carry out projects that are not 
        otherwise carried out under section 3110 of the Water Resources 
        Development Act of 2007 (121 Stat. 1135).
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $30,000,000.

SEC. 5011. AQUATIC NUISANCE SPECIES PREVENTION, GREAT LAKES AND 
              MISSISSIPPI RIVER BASIN.

    (a) In General.--The Secretary is authorized to implement measures 
recommended in the efficacy study authorized under section 3061 of the 
Water Resources Development Act of 2007 (121 Stat. 1121) or in interim 
reports, with any modifications or any emergency measures that the 
Secretary determines to be appropriate to prevent aquatic nuisance 
species from dispersing into the Great Lakes by way of any hydrologic 
connection between the Great Lakes and the Mississippi River Basin.
    (b) Reports.--The Secretary shall report to the Committees on 
Environment and Public Works and Appropriations of the Senate and the 
Committees on Transportation and Infrastructure and Appropriations of 
the House of Representatives any emergency actions taken pursuant to 
this section.

SEC. 5012. MIDDLE MISSISSIPPI RIVER PILOT PROGRAM.

    (a) In General.--In accordance with the project for navigation, 
Mississippi River between the Ohio and Missouri Rivers (Regulating 
Works), Missouri and Illinois, authorized by the Act of June 25, 1910 
(36 Stat. 631, chapter 382) (commonly known as the ``River and Harbor 
Act of 1910''), the Act of January 1, 1927 (44 Stat. 1010, chapter 47) 
(commonly known as the ``River and Harbor Act of 1927''), and the Act 
of July 3, 1930 (46 Stat. 918, chapter 847), the Secretary shall carry 
out a pilot program to restore and protect fish and wildlife habitat in 
the middle Mississippi River.
    (b) Authorized Activities.--As part of the pilot program carried 
out under subsection (a), the Secretary may carry out any activity 
along the Middle Mississippi River that is necessary to improve 
navigation through the project while restoring and protecting fish and 
wildlife habitat in the middle Mississippi River if the Secretary 
determines that the activity is feasible.
    (c) Cost-Sharing Requirement.--
            (1) In general.--The maximum Federal share of the cost of 
        carrying out a project under this section shall be 65 percent.
            (2) Amount expended per project.--The Federal share 
        described in paragraph (1) shall not exceed $10,000,000 for 
        each project.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $25,000,000 for each of fiscal 
years 2014 through 2023.

SEC. 5013. IDAHO, MONTANA, RURAL NEVADA, NEW MEXICO, RURAL UTAH, AND 
              WYOMING.

    Section 595 of the Water Resources Development Act of 1999 (Public 
Law 106-53; 113 Stat. 383) is amended--
            (1) by striking subsection (c) and inserting the following:
    ``(c) Form of Assistance.--Assistance under this section may be in 
the form of--
            ``(1) design and construction assistance for water-related 
        environmental infrastructure and resource protection and 
        development in Idaho, Montana, rural Nevada, New Mexico, rural 
        Utah, and Wyoming, including projects for--
                    ``(A) wastewater treatment and related facilities;
                    ``(B) water supply and related facilities;
                    ``(C) environmental restoration; and
                    ``(D) surface water resource protection and 
                development; and
            ``(2) technical assistance to small and rural communities 
        for water planning and issues relating to access to water 
        resources.''; and
            (2) by striking subsection (h) and inserting the following:
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section for the period beginning with 
fiscal year 2001 $450,000,000, which shall--
            ``(1) be made available to the States and locales described 
        in subsection (b) consistent with program priorities determined 
        by the Secretary in accordance with criteria developed by the 
        Secretary to establish the program priorities; and
            ``(2) remain available until expended.''.''

SEC. 5014. CHESAPEAKE BAY OYSTER RESTORATION IN VIRGINIA AND MARYLAND.

    Section 704(b) of Water Resources Development Act of 1986 (33 
U.S.C. 2263(b)) is amended--
            (1) in paragraph (1), by striking ``$50,000,000'' and 
        inserting ``$70,000,000''; and
            (2) by striking subparagraph (B) of paragraph (4) and 
        inserting the following:
                    ``(B) Form.--The non-Federal share may be provided 
                through in-kind services, including--
                            ``(i) the provision by the non-Federal 
                        interest of shell stock material that is 
                        determined by the Secretary to be suitable for 
                        use in carrying out the project; and
                            ``(ii) in the case of a project carried out 
                        under paragraph (2)(D) after the date of 
                        enactment of this clause, land conservation or 
                        restoration efforts undertaken by the non-
                        Federal interest that the Secretary determines 
                        provide water quality benefits that--
                                    ``(I) enhance the viability of 
                                oyster restoration efforts; and
                                    ``(II) are integral to the 
                                project.''.

SEC. 5015. MISSOURI RIVER BETWEEN FORT PECK DAM, MONTANA AND GAVINS 
              POINT DAM, SOUTH DAKOTA AND NEBRASKA.

    Section 9(f) of the Act of December 22, 1944 (commonly known as the 
``Flood Control Act of 1944'') (58 Stat. 891, chapter 665; 102 Stat. 
4031) is amended by striking ``$3,000,000'' and inserting 
``$5,000,000''.

SEC. 5016. OPERATIONS AND MAINTENANCE OF INLAND MISSISSIPPI RIVER 
              PORTS.

    (a) Definitions.--In this section:
            (1) Shallow draft.--The term ``shallow draft'' means a 
        project that has a depth less than 14 feet.
            (2) Inland mississippi river.--The term ``inland 
        Mississippi River'' means the portion of the Mississippi River 
        that begins at the confluence of the Minnesota River and ends 
        at the confluence of the Red River.
    (b) In General.--The Secretary, acting through the Chief of 
Engineers, shall carry out dredging activities on shallow draft ports 
located on the Inland Mississippi River to the respective authorized 
widths and depths of those inland ports, as authorized on the date of 
enactment of this Act.
    (c) Authorization of Appropriations.--For each fiscal year, there 
is authorized to be appropriated to the Secretary to carry out this 
section $25,000,000.

SEC. 5017. REMOTE AND SUBSISTENCE HARBORS.

    Section 2006 of the Water Resources Development Act of 2007 (33 
U.S.C. 2242) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(B), by inserting ``or Alaska'' 
                after ``Hawaii''; and
                    (B) in paragraph (2)--
                            (i) by striking ``community'' and inserting 
                        ``region''; and
                            (ii) by inserting ``, as determined by the 
                        Secretary based on information provided by the 
                        non-Federal interest'' after ``improvement''; 
                        and
            (2) by adding at the end the following:
    ``(c) Prioritization.--Projects recommended by the Secretary under 
subsection (a) shall be given equivalent budget consideration and 
priority as projects recommended solely by national economic 
development benefits.
    ``(d) Construction.--
            ``(1) In general.--The Secretary may plan, design, or 
        construct projects for navigation in the noncontiguous States 
        and territories of the United States if the Secretary finds 
        that the project is--
                    ``(A) technically feasible;
                    ``(B) environmentally sound; and
                    ``(C) economically justified.
            ``(2) Special rule.--In evaluating and implementing a 
        project under this section, the Secretary shall allow the non-
        Federal interest to participate in the financing of the project 
        in accordance with the criteria established for flood control 
        projects in section 903(c) of the Water Resources Development 
        Act of 1986 (Public Law 99-662; 100 Stat. 4184) if the detailed 
        project report evaluation indicates that applying that section 
        is necessary to implement the project.
            ``(3) Cost.--The Federal share of the cost of carrying out 
        a project under this section shall not exceed $10,000,000.
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out projects initiated by the 
        Secretary under this subsection $100,000,000 for fiscal years 
        2014 through 2023.''.

SEC. 5018. MULTIAGENCY EFFORT TO SLOW THE SPREAD OF ASIAN CARP IN THE 
              UPPER MISSISSIPPI RIVER AND OHIO RIVER BASINS AND 
              TRIBUTARIES.

    (a) Multiagency Effort To Slow the Spread of Asian Carp in the 
Upper Mississippi and Ohio River Basins and Tributaries.--
            (1) In general.--The Director of the United States Fish and 
        Wildlife Service, in coordination with the Chief of Engineers, 
        the Director of the National Park Service, and the Director of 
        the United States Geological Survey, shall lead a multiagency 
        effort to slow the spread of Asian carp in the Upper 
        Mississippi and Ohio River basins and tributaries by providing 
        high-level technical assistance, coordination, best practices, 
        and support to State and local governments in carrying out 
        activities designed to slow, and eventually eliminate, the 
        threat posed by Asian carp.
            (2) Best practices.--To the maximum extent practicable, the 
        multiagency effort shall apply lessons learned and best 
        practices such as those described in the document prepared by 
        the Asian Carp Working Group entitled ``Management and Control 
        Plan for Bighead, Black, Grass, and Silver Carps in the United 
        States'', and dated November 2007, and the document prepared by 
        the Asian Carp Regional Coordinating Committee entitled ``FY 
        2012 Asian Carp Control Strategy Framework'' and dated February 
        2012.
    (b) Report to Congress.--
            (1) In general.--Not later than December 31 of each year, 
        the Director of the United States Fish and Wildlife Service, in 
        coordination with the Chief of Engineers, shall submit to the 
        Committee on Appropriations and the Committee on Natural 
        Resources of the House of Representatives and the Committee on 
        Appropriations and the Committee on Environmental and Public 
        Works of the Senate a report describing the coordinated 
        strategies established and progress made toward goals to 
        control and eliminate Asian carp in the Upper Mississippi and 
        Ohio River basins and tributaries.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include--
                    (A) any observed changes in the range of Asian carp 
                in the Upper Mississippi and Ohio River basins and 
                tributaries during the 2-year period preceding 
                submission of the report;
                    (B) a summary of Federal agency efforts, including 
                cooperative efforts with non-Federal partners, to 
                control the spread of Asian carp in the Upper 
                Mississippi and Ohio River basins and tributaries;
                    (C) any research that the Director determines could 
                improve the ability to control the spread of Asian carp 
                in the Upper Mississippi and Ohio River basins and 
                tributaries;
                    (D) any quantitative measures that Director intends 
                to use to document progress in controlling the spread 
                of Asian carp in the Upper Mississippi and Ohio River 
                basins and tributaries; and
                    (E) a cross-cut accounting of Federal and non-
                Federal expenditures to control the spread of Asian 
                carp in the Upper Mississippi and Ohio River basins and 
                tributaries.

SEC. 5019. RELEASE OF USE RESTRICTIONS.

    Notwithstanding any other provision of law, the Tennessee Valley 
Authority shall, without monetary consideration, grant releases from 
real estate restrictions established pursuant to section 4(k)(b) of the 
Tennessee Valley Authority Act of 1933 (16 U.S.C. 831c(k)(b)) with 
respect to tracts of land identified in section 4(k)(b) of that Act; 
provided that such releases shall be granted in a manner consistent 
with applicable TVA policies.

SEC. 5020. RIGHTS AND RESPONSIBILITIES OF CHEROKEE NATION OF OKLAHOMA 
              REGARDING W.D. MAYO LOCK AND DAM, OKLAHOMA.

    Section 1117 of the Water Resources Development Act of 1986 (Public 
Law 99-662; 100 Stat. 4236) is amended to read as follows:

``SEC. 1117. W.D. MAYO LOCK AND DAM, OKLAHOMA.

    ``(a) In General.--Notwithstanding any other provision of law, the 
Cherokee Nation of Oklahoma has authorization--
            ``(1) to design and construct 1 or more hydroelectric 
        generating facilities at the W.D. Mayo Lock and Dam on the 
        Arkansas River in the State of Oklahoma, subject to the 
        requirements of subsection (b) and in accordance with the 
        conditions specified in this section; and
            ``(2) to market the electricity generated from any such 
        hydroelectric generating facility.
    ``(b) Preconstruction Requirements.--
            ``(1) In general.--The Cherokee Nation shall obtain any 
        permit required by Federal or State law before the date on 
        which construction begins on any hydroelectric generating 
        facility under subsection (a).
            ``(2) Review by secretary.--The Cherokee Nation may 
        initiate the design or construction of a hydroelectric 
        generating facility under subsection (a) only after the 
        Secretary reviews and approves the plans and specifications for 
        the design and construction.
    ``(c) Payment of Design and Construction Costs.--
            ``(1) In general.--The Cherokee Nation shall--
                    ``(A) bear all costs associated with the design and 
                construction of any hydroelectric generating facility 
                under subsection (a); and
                    ``(B) provide any funds necessary for the design 
                and construction to the Secretary prior to the 
                Secretary initiating any activities relating to the 
                design and construction of the hydroelectric generating 
                facility.
            ``(2) Use by secretary.--The Secretary may--
                    ``(A) accept funds offered by the Cherokee Nation 
                under paragraph (1); and
                    ``(B) use the funds to carry out the design and 
                construction of any hydroelectric generating facility 
                under subsection (a).
    ``(d) Assumption of Liability.--The Cherokee Nation--
            ``(1) shall hold all title to any hydroelectric generating 
        facility constructed under this section;
            ``(2) may, subject to the approval of the Secretary, assign 
        that title to a third party;
            ``(3) shall be solely responsible for--
                    ``(A) the operation, maintenance, repair, 
                replacement, and rehabilitation of any such facility; 
                and
                    ``(B) the marketing of the electricity generated by 
                any such facility; and
            ``(4) shall release and indemnify the United States from 
        any claims, causes of action, or liabilities that may arise out 
        of any activity undertaken to carry out this section.
    ``(e) Assistance Available.--Notwithstanding any other provision of 
law, the Secretary may provide any technical and construction 
management assistance requested by the Cherokee Nation relating to the 
design and construction of any hydroelectric generating facility under 
subsection (a).
    ``(f) Third Party Agreements.--The Cherokee Nation may enter into 
agreements with the Secretary or a third party that the Cherokee Nation 
or the Secretary determines to be necessary to carry out this 
section.''.

SEC. 5021. UPPER MISSISSIPPI RIVER PROTECTION.

    (a) Definition of Upper St. Anthony Falls Lock and Dam.--In this 
section, the term ``Upper St. Anthony Falls Lock and Dam'' means the 
lock and dam located on Mississippi River mile 853.9 in Minneapolis, 
Minnesota.
    (b) Economic Impact Study.--Not later than 180 days after the date 
of enactment of this Act, the Secretary shall submit to Congress a 
report regarding the impact of closing the Upper St. Anthony Falls Lock 
and Dam on the economic and environmental well-being of the State of 
Minnesota.
    (c) Mandatory Closure.--Notwithstanding subsection (b) and not 
later than 1 year after the date of enactment of this Act, the 
Secretary shall close the Upper St. Anthony Falls Lock and Dam if the 
Secretary determines that the annual average tonnage moving through the 
Upper St. Anthony Falls Lock and Dam for the preceding 5 years is not 
more than 1,500,000 tons.
    (d) Emergency Operations.--Nothing in this section prevents the 
Secretary from carrying out emergency lock operations necessary to 
mitigate flood damage.

SEC. 5022. ARCTIC DEEP DRAFT PORT DEVELOPMENT PARTNERSHIPS.

    (a) In General.--The Secretary may provide technical assistance, 
including planning, design, and construction assistance, to non-Federal 
public entities, including Indian tribes (as defined in section 4 of 
the Indian Self-Determination and Education Assistance Act (25 U.S.C. 
450b)), for the development, construction, operation, and maintenance 
of channels, harbors, and related infrastructure associated with deep 
draft ports for purposes of dealing with Arctic development and 
security needs.
    (b) Acceptance of Funds.--The Secretary is authorized to accept and 
expend funds provided by non-Federal public entities, including Indian 
tribes (as defined in section 4 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450b)), to carry out the activities 
described in subsection (a).
    (c) Limitation.--No assistance may be provided under this section 
until after the date on which the entity to which that assistance is to 
be provided enters into a written agreement with the Secretary that 
includes such terms and conditions as the Secretary determines to be 
appropriate and in the public interest.
    (d) Prioritization.--The Secretary shall prioritize Arctic deep 
draft ports identified by the Army Corps, the Department of Homeland 
Security and the Department of Defense.

SEC. 5023. GREATER MISSISSIPPI RIVER BASIN SEVERE FLOODING AND DROUGHT 
              MANAGEMENT STUDY.

    (a) Definitions.--In this section:
            (1) Greater mississippi river basin.--The term ``greater 
        Mississippi River Basin'' means the area covered by hydrologic 
        units 5, 6, 7, 8, 10, and 11, as identified by the United 
        States Geological Survey as of the date of enactment of this 
        Act.
            (2) Lower mississippi river.--The term ``lower Mississippi 
        River'' means the portion of the Mississippi River that begins 
        at the confluence of the Ohio River and flows to the Gulf of 
        Mexico.
            (3) Middle mississippi river.--The term ``middle 
        Mississippi River'' means the portion of the Mississippi River 
        that begins at the confluence of the Missouri River and flows 
        to the lower Mississippi River.
            (4) Severe flooding and drought.--The term ``severe 
        flooding and drought'' means severe weather events that 
        threaten personal safety, property, and navigation on the 
        inland waterways of the United States.
    (b) In General.--The Secretary shall carry out a study of the 
greater Mississippi River Basin--
            (1) to improve the coordinated and comprehensive management 
        of water resource projects in the greater Mississippi River 
        Basin relating to severe flooding and drought conditions; and
            (2) to evaluate the feasibility of any modifications to 
        those water resource projects, consistent with the authorized 
        purposes of those projects, and develop new water resource 
        projects to improve the reliability of navigation and more 
        effectively reduce flood risk.
    (c) Contents.--The study shall--
            (1) identify any Federal actions that are likely to prevent 
        and mitigate the impacts of severe flooding and drought, 
        including changes to authorized channel dimensions, operational 
        procedures of locks and dams, and reservoir management within 
        the greater Mississippi River Basin, consistent with the 
        authorized purposes of the water resource projects;
            (2) identify and make recommendations to remedy challenges 
        to the Corps of Engineers presented by severe flooding and 
        drought, including river access, in carrying out its mission to 
        maintain safe, reliable navigation, consistent with the 
        authorized purposes of the water resource projects in the 
        greater Mississippi River Basin; and
            (3) identify and locate natural or other physical 
        impediments along the middle and lower Mississippi River to 
        maintaining navigation on the middle and lower Mississippi 
        River during periods of low water.
    (d) Consultation and Use of Existing Data.--In carrying out the 
study, the Secretary shall--
            (1) consult with appropriate committees of Congress, 
        Federal, State, tribal, and local agencies, environmental 
        interests, agricultural interests, recreational interests, 
        river navigation industry representatives, other shipping and 
        business interests, organized labor, and nongovernmental 
        organizations;
            (2) to the maximum extent practicable, use data in 
        existence as of the date of enactment of this Act; and
            (3) incorporate lessons learned and best practices 
        developed as a result of past severe flooding and drought 
        events, including major floods and the successful effort to 
        maintain navigation during the near historic low water levels 
        on the Mississippi River during the winter of 2012-2013.
    (e) Cost-sharing.--The Federal share of the cost of carrying out 
the study under this section shall be 100 percent.
    (f) Report.--Not later than 3 years after the date of enactment of 
this Act, the Secretary shall submit to Congress a report on the study 
carried out under this section.
    (g) Savings Clause.--Nothing in this section impacts the operations 
and maintenance of the Missouri River Mainstem System, as authorized by 
the Act of December 22, 1944 (58 Stat. 897, chapter 665).

SEC. 5024. CAPE ARUNDEL DISPOSAL SITE, MAINE.

    (a) In General.--The Secretary, in concurrence with the 
Administrator of the Environmental Protection Agency, is authorized to 
reopen the Cape Arundel Disposal Site selected by the Department of the 
Army as an alternative dredged material disposal site under section 
103(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 
(33 U.S.C. 1413(b)) (referred to in this section as the ``Site'').
    (b) Deadline.--The Site may remain open under subsection (a) until 
the earlier of--
            (1) the date on which the Site does not have any remaining 
        disposal capacity;
            (2) the date on which an environmental impact statement 
        designating an alternative dredged material disposal site for 
        southern Maine has been completed; or
            (3) the date that is 5 years after the date of enactment of 
        this Act.
    (c) Limitations.--The use of the Site as a dredged material 
disposal site under subsection (a) shall be subject to the conditions 
that--
            (1) conditions at the Site remain suitable for the 
        continued use of the Site as a dredged material disposal site; 
        and
            (2) the Site not be used for the disposal of more than 
        80,000 cubic yards from any single dredging project.

                         TITLE VI--LEVEE SAFETY

SEC. 6001. SHORT TITLE.

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

SEC. 6002. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) there is a need to establish a national levee safety 
        program to provide national leadership and encourage the 
        establishment of State and tribal levee safety programs;
            (2) according to the National Committee on Levee Safety, 
        ``the level of protection and robustness of design and 
        construction of levees vary considerably across the country'';
            (3) knowing the location, condition, and ownership of 
        levees, as well as understanding the population and 
        infrastructure at risk in leveed areas, is necessary for 
        identification and prioritization of activities associated with 
        levees;
            (4) levees are an important tool for reducing flood risk 
        and should be considered in the context of broader flood risk 
        management efforts;
            (5) States and Indian tribes--
                    (A) are uniquely positioned to oversee, coordinate, 
                and regulate local and regional levee systems; and
                    (B) should be encouraged to participate in a 
                national levee safety program by establishing 
                individual levee safety programs; and
            (6) States, Indian tribes, and local governments that do 
        not invest in protecting the individuals and property located 
        behind levees place those individuals and property at risk.
    (b) Purposes.--The purposes of this title are--
            (1) to promote sound technical practices in levee design, 
        construction, operation, inspection, assessment, security, and 
        maintenance;
            (2) to ensure effective public education and awareness of 
        risks involving levees;
            (3) to establish and maintain a national levee safety 
        program that emphasizes the protection of human life and 
        property; and
            (4) to implement solutions and incentives that encourage 
        the establishment of effective State and tribal levee safety 
        programs.

SEC. 6003. DEFINITIONS.

    In this title:
            (1) Board.--The term ``Board'' means the National Levee 
        Safety Advisory Board established under section 6005.
            (2) Canal structure.--
                    (A) In general.--The term ``canal structure'' means 
                an embankment, wall, or structure along a canal or 
                manmade watercourse that--
                            (i) constrains water flows;
                            (ii) is subject to frequent water loading; 
                        and
                            (iii) is an integral part of a flood risk 
                        reduction system that protects the leveed area 
                        from flood waters associated with hurricanes, 
                        precipitation events, seasonal high water, and 
                        other weather-related events.
                    (B) Exclusion.--The term ``canal structure'' does 
                not include a barrier across a watercourse.
            (3) Federal agency.--The term ``Federal agency'' means a 
        Federal agency that designs, finances, constructs, owns, 
        operates, maintains, or regulates the construction, operation, 
        or maintenance of a levee.
            (4) Flood damage reduction system.--The term ``flood damage 
        reduction system'' means a system designed and constructed to 
        have appreciable and dependable effects in reducing damage by 
        floodwaters.
            (5) Flood mitigation.--The term ``flood mitigation'' means 
        any structural or nonstructural measure that reduces risks of 
        flood damage by reducing the probability of flooding, the 
        consequences of flooding, or both.
            (6) Floodplain management.--The term ``floodplain 
        management'' means the operation of a community program of 
        corrective and preventative measures for reducing flood damage.
            (7) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (8) Levee.--
                    (A) In general.--The term ``levee'' means a manmade 
                barrier (such as an embankment, floodwall, or other 
                structure)--
                            (i) the primary purpose of which is to 
                        provide hurricane, storm, or flood protection 
                        relating to seasonal high water, storm surges, 
                        precipitation, or other weather events; and
                            (ii) that is normally subject to water 
                        loading for only a few days or weeks during a 
                        calendar year.
                    (B) Inclusions.--The term ``levee'' includes a 
                levee system, including--
                            (i) levees and canal structures that--
                                    (I) constrain water flows;
                                    (II) are subject to more frequent 
                                water loading; and
                                    (III) do not constitute a barrier 
                                across a watercourse; and
                            (ii) roadway and railroad embankments, but 
                        only to the extent that the embankments are 
                        integral to the performance of a flood damage 
                        reduction system.
                    (C) Exclusions.--The term ``levee'' does not 
                include--
                            (i) a roadway or railroad embankment that 
                        is not integral to the performance of a flood 
                        damage reduction system;
                            (ii) a canal constructed completely within 
                        natural ground without any manmade structure 
                        (such as an embankment or retaining wall to 
                        retain water or a case in which water is 
                        retained only by natural ground);
                            (iii) a canal regulated by a Federal or 
                        State agency in a manner that ensures that 
                        applicable Federal safety criteria are met;
                            (iv) a levee or canal structure--
                                    (I) that is not a part of a Federal 
                                flood damage reduction system;
                                    (II) that is not recognized under 
                                the National Flood Insurance Program as 
                                providing protection from the 1-
                                percent-annual-chance or greater flood;
                                    (III) that is not greater than 3 
                                feet high;
                                    (IV) the population in the leveed 
                                area of which is less than 50 
                                individuals; and
                                    (V) the leveed area of which is 
                                less than 1,000 acres; or
                            (v) any shoreline protection or river bank 
                        protection system (such as revetments or 
                        barrier islands).
            (9) Levee feature.--The term ``levee feature'' means a 
        structure that is critical to the functioning of a levee, 
        including--
                    (A) an embankment section;
                    (B) a floodwall section;
                    (C) a closure structure;
                    (D) a pumping station;
                    (E) an interior drainage work; and
                    (F) a flood damage reduction channel.
            (10) Levee safety guidelines.--The term ``levee safety 
        guidelines'' means the guidelines established by the Secretary 
        under section 6004(c)(1).
            (11) Levee segment.--The term ``levee segment'' means a 
        discrete portion of a levee system that is owned, operated, and 
        maintained by a single entity or discrete set of entities.
            (12) Levee system.--The term ``levee system'' means 1 or 
        more levee segments, including all levee features that are 
        interconnected and necessary to ensure protection of the 
        associated leveed areas--
                    (A) that collectively provide flood damage 
                reduction to a defined area; and
                    (B) the failure of 1 of which may result in the 
                failure of the entire system.
            (13) Leveed area.--The term ``leveed area'' means the land 
        from which flood water in the adjacent watercourse is excluded 
        by the levee system.
            (14) National levee database.--The term ``national levee 
        database'' means the levee database established under section 
        9004 of the Water Resources Development Act of 2007 (33 U.S.C. 
        3303).
            (15) Participating program.--The term ``participating 
        program'' means a levee safety program developed by a State or 
        Indian tribe that includes the minimum components necessary for 
        recognition by the Secretary.
            (16) Rehabilitation.--The term ``rehabilitation'' means the 
        repair, replacement, reconstruction, removal of a levee, or 
        reconfiguration of a levee system, including a setback levee, 
        that is carried out to reduce flood risk or meet national levee 
        safety guidelines.
            (17) Risk.--The term ``risk'' means a measure of the 
        probability and severity of undesirable consequences.
            (18) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army, acting through the Chief of Engineers.
            (19) State.--The term ``State'' means--
                    (A) each of the several States of the United 
                States;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands;
                    (G) the Federated States of Micronesia;
                    (H) the Republic of the Marshall Islands;
                    (I) the Republic of Palau; and
                    (J) the United States Virgin Islands.

SEC. 6004. NATIONAL LEVEE SAFETY PROGRAM.

    (a) Establishment.--The Secretary, in consultation with the 
Administrator of the Federal Emergency Management Agency, shall 
establish a national levee safety program to provide national 
leadership and consistent approaches to levee safety, including--
            (1) a national levee database;
            (2) an inventory and inspection of Federal and non-Federal 
        levees;
            (3) national levee safety guidelines;
            (4) a hazard potential classification system for Federal 
        and non-Federal levees;
            (5) research and development;
            (6) a national public education and awareness program, with 
        an emphasis on communication regarding the residual risk to 
        communities protected by levees and levee systems;
            (7) coordination of levee safety, floodplain management, 
        and environmental protection activities;
            (8) development of State and tribal levee safety programs; 
        and
            (9) the provision of technical assistance and materials to 
        States and Indian tribes relating to--
                    (A) developing levee safety programs;
                    (B) identifying and reducing flood risks associated 
                with residual risk to communities protected by levees 
                and levee systems;
                    (C) identifying local actions that may be carried 
                out to reduce flood risks in leveed areas; and
                    (D) rehabilitating, improving, replacing, 
                reconfiguring, modifying, and removing levees and levee 
                systems.
    (b) Management.--
            (1) In general.--The Secretary shall appoint--
                    (A) an administrator of the national levee safety 
                program; and
                    (B) such staff as is necessary to implement the 
                program.
            (2) Administrator.--The sole duty of the administrator 
        appointed under paragraph (1)(A) shall be the management of the 
        national levee safety program.
    (c) Levee Safety Guidelines.--
            (1) Establishment.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Administrator of the Federal Emergency Management Agency and in 
        coordination with State and local governments and organizations 
        with expertise in levee safety, shall establish a set of 
        voluntary, comprehensive, national levee safety guidelines 
        that--
                    (A) are available for common, uniform use by all 
                Federal, State, tribal, and local agencies;
                    (B) incorporate policies, procedures, standards, 
                and criteria for a range of levee types, canal 
                structures, and related facilities and features; and
                    (C) provide for adaptation to local, regional, or 
                watershed conditions.
            (2) Requirement.--The policies, procedures, standards, and 
        criteria under paragraph (1)(B) shall be developed taking into 
        consideration the levee hazard potential classification system 
        established under subsection (d).
            (3) Adoption by federal agencies.--All Federal agencies 
        shall consider the levee safety guidelines in activities 
        relating to the management of levees.
            (4) Public comment.--Prior to finalizing the guidelines 
        under this subsection, the Secretary shall--
                    (A) issue draft guidelines for public comment; and
                    (B) consider any comments received in the 
                development of final guidelines.
    (d) Hazard Potential Classification System.--
            (1) Establishment.--The Secretary shall establish a hazard 
        potential classification system for use under the national 
        levee safety program and participating programs.
            (2) Revision.--The Secretary shall review and, as 
        necessary, revise the hazard potential classification system 
        not less frequently than once every 5 years.
            (3) Consistency.--The hazard potential classification 
        system established pursuant to this subsection shall be 
        consistent with and incorporated into the levee safety action 
        classification tool developed by the Corps of Engineers.
    (e) Technical Assistance and Materials.--
            (1) Establishment.--The Secretary, in consultation with the 
        Administrator of the Federal Emergency Management Agency and in 
        coordination with the Board, shall establish a national levee 
        safety technical assistance and training program to develop and 
        deliver technical support and technical assistance materials, 
        curricula, and training in order to promote levee safety and 
        assist States, communities, and levee owners in--
                    (A) developing levee safety programs;
                    (B) identifying and reducing flood risks associated 
                with levees;
                    (C) identifying local actions that may be carried 
                out to reduce flood risks in leveed areas; and
                    (D) rehabilitating, improving, replacing, 
                reconfiguring, modifying, and removing levees and levee 
                systems.
            (2) Use of services.--In establishing the national levee 
        safety training program under paragraph (1), the Secretary may 
        use the services of--
                    (A) the Corps of Engineers;
                    (B) the Federal Emergency Management Agency;
                    (C) the Bureau of Reclamation; and
                    (D) other appropriate Federal agencies, as 
                determined by the Secretary.
    (f) Comprehensive National Public Education and Awareness 
Campaign.--
            (1) Establishment.--The Secretary, in coordination with the 
        Administrator of the Federal Emergency Management Agency and 
        the Board, shall establish a national public education and 
        awareness campaign relating to the national levee safety 
        program.
            (2) Purposes.--The purposes of the campaign under paragraph 
        (1) are--
                    (A) to educate individuals living in leveed areas 
                regarding the risks of living in those areas;
                    (B) to promote consistency in the transmission of 
                information regarding levees among government agencies; 
                and
                    (C) to provide national leadership regarding risk 
                communication for implementation at the State and local 
                levels.
    (g) Coordination of Levee Safety, Floodplain Management, and 
Environmental Concerns.--The Secretary, in consultation with the 
Administrator of the Federal Emergency Management Agency and in 
coordination with the Board, shall evaluate opportunities to 
coordinate--
            (1) public safety, floodplain management, and environmental 
        protection activities relating to levees; and
            (2) environmental permitting processes for operation and 
        maintenance activities at existing levee projects in compliance 
        with all applicable laws.
    (h) Levee Inspection.--
            (1) In general.--The Secretary shall carry out a one-time 
        inventory and inspection of all levees identified in the 
        national levee database.
            (2) No federal interest.--The inventory and inspection 
        under paragraph (1) does not create a Federal interest in the 
        construction, operation, or maintenance any levee that is 
        included in the inventory or inspected under this subsection.
            (3) Inspection criteria.--In carrying out the inventory and 
        inspection, the Secretary shall use the levee safety action 
        classification criteria to determine whether a levee should be 
        classified in the inventory as requiring a more comprehensive 
        inspection.
            (4) State and tribal participation.--At the request of a 
        State or Indian tribe with respect to any levee subject to 
        inspection under this subsection, the Secretary shall--
                    (A) allow an official of the State or Indian tribe 
                to participate in the inspection of the levee; and
                    (B) provide information to the State or Indian 
                tribe relating to the location, construction, 
                operation, or maintenance of the levee.
            (5) Exceptions.--In carrying out the inventory and 
        inspection under this subsection, the Secretary shall not be 
        required to inspect any levee that has been inspected by a 
        State or Indian tribe using the same methodology described in 
        paragraph (3) during the 1-year period immediately preceding 
        the date of enactment of this Act if the Governor of the State 
        or tribal government, as applicable, requests an exemption from 
        the inspection.
    (i) State and Tribal Levee Safety Program.--
            (1) Guidelines.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, in consultation with the 
                Administrator of the Federal Emergency Management 
                Agency and in coordination with the Board, the 
                Secretary shall issue guidelines that establish the 
                minimum components necessary for recognition of a State 
                or tribal levee safety program as a participating 
                program.
                    (B) Guideline contents.--The guidelines under 
                subparagraph (A) shall include provisions and 
                procedures requiring each participating State and 
                Indian tribe to certify to the Secretary that the State 
                or Indian tribe, as applicable--
                            (i) has the authority to participate in the 
                        national levee safety program;
                            (ii) can receive funds under this title;
                            (iii) has adopted any national levee safety 
                        guidelines developed under this title;
                            (iv) will carry out levee inspections;
                            (v) will carry out, consistent with 
                        applicable requirements, flood risk management 
                        and any emergency action planning procedures 
                        the Secretary determines to be necessary 
                        relating to levees;
                            (vi) will carry out public education and 
                        awareness activities consistent with the 
                        national public education and awareness 
                        campaign established under subsection (f); and
                            (vii) will collect and share information 
                        regarding the location and condition of levees.
                    (C) Public comment.--Prior to finalizing the 
                guidelines under this paragraph, the Secretary shall--
                            (i) issue draft guidelines for public 
                        comment; and
                            (ii) consider any comments received in the 
                        development of final guidelines.
            (2) Grant program.--
                    (A) Establishment.--The Secretary shall establish a 
                program under which the Secretary shall provide grants 
                to assist States and Indian tribes in establishing 
                participating programs, conducting levee inventories, 
                and carrying out this title.
                    (B) Requirements.--To be eligible to receive grants 
                under this section, a State or Indian tribe shall--
                            (i) meet the requirements of a 
                        participating program established by the 
                        guidelines issued under paragraph (1);
                            (ii) use not less than 25 percent of any 
                        amounts received to identify and assess non-
                        Federal levees within the State or on land of 
                        the Indian tribe;
                            (iii) submit to the Secretary any 
                        information collected by the State or Indian 
                        tribe in carrying out this subsection for 
                        inclusion in the national levee safety 
                        database; and
                            (iv) identify actions to address hazard 
                        mitigation activities associated with levees 
                        and leveed areas identified in the hazard 
                        mitigation plan of the State approved by the 
                        Administrator of the Federal Emergency 
                        Management Agency under the Robert T. Stafford 
                        Disaster Relief and Emergency Assistance Act 
                        (42 U.S.C. 5121 et seq.).
                    (C) Measures to assess effectiveness.--Not later 
                than 1 year after the enactment of this Act, the 
                Secretary shall implement quantifiable performance 
                measures and metrics to assess the effectiveness of the 
                grant program established in accordance with 
                subparagraph (A).
    (j) Levee Rehabilitation Assistance Program.--
            (1) Establishment.--The Secretary, in consultation with the 
        Administrator of the Federal Emergency Management Agency, shall 
        establish a program under which the Secretary shall provide 
        assistance to States, Indian tribes, and local governments in 
        addressing flood mitigation activities that result in an 
        overall reduction in flood risk.
            (2) Requirements.--To be eligible to receive assistance 
        under this subsection, a State, Indian tribe, or local 
        government shall--
                    (A) participate in, and comply with, all applicable 
                Federal floodplain management and flood insurance 
                programs;
                    (B) have in place a hazard mitigation plan that--
                            (i) includes all levee risks; and
                            (ii) complies with the Disaster Mitigation 
                        Act of 2000 (Public Law 106-390; 114 Stat. 
                        1552);
                    (C) submit to the Secretary an application at such 
                time, in such manner, and containing such information 
                as the Secretary may require; and
                    (D) comply with such minimum eligibility 
                requirements as the Secretary, in consultation with the 
                Board, may establish to ensure that each owner and 
                operator of a levee under a participating State or 
                tribal levee safety program--
                            (i) acts in accordance with the guidelines 
                        developed in subsection (c); and
                            (ii) carries out activities relating to the 
                        public in the leveed area in accordance with 
                        the hazard mitigation plan described in 
                        subparagraph (B).
            (3) Floodplain management plans.--
                    (A) In general.--Not later than 1 year after the 
                date of execution of a project agreement for assistance 
                under this subsection, a State, Indian tribe, or local 
                government shall prepare a floodplain management plan 
                in accordance with the guidelines under subparagraph 
                (D) to reduce the impacts of future flood events in 
                each applicable leveed area.
                    (B) Inclusions.--A plan under subparagraph (A) 
                shall address potential measures, practices, and 
                policies to reduce loss of life, injuries, damage to 
                property and facilities, public expenditures, and other 
                adverse impacts of flooding in each applicable leveed 
                area.
                    (C) Implementation.--Not later than 1 year after 
                the date of completion of construction of the 
                applicable project, a floodplain management plan 
                prepared under subparagraph (A) shall be implemented.
                    (D) Guidelines.--Not later than 180 days after the 
                date of enactment of this Act, the Secretary, in 
                consultation with the Administrator of the Federal 
                Emergency Management Agency, shall develop such 
                guidelines for the preparation of floodplain management 
                plans prepared under this paragraph as the Secretary 
                determines to be appropriate.
                    (E) Technical support.--The Secretary may provide 
                technical support for the development and 
                implementation of floodplain management plans prepared 
                under this paragraph.
            (4) Use of funds.--
                    (A) In general.--Assistance provided under this 
                subsection may be used--
                            (i) for any rehabilitation activity to 
                        maximize overall risk reduction associated with 
                        a levee under a participating State or tribal 
                        levee safety program; and
                            (ii) only for a levee that is not federally 
                        operated and maintained.
                    (B) Prohibition.--Assistance provided under this 
                subsection shall not be used--
                            (i) to perform routine operation or 
                        maintenance for a levee; or
                            (ii) to make any modification to a levee 
                        that does not result in an improvement to 
                        public safety.
            (5) No proprietary interest.--A contract for assistance 
        provided under this subsection shall not be considered to 
        confer any proprietary interest on the United States.
            (6) Cost-share.--The maximum Federal share of the cost of 
        any assistance provided under this subsection shall be 65 
        percent.
            (7) Project limit.--The maximum amount of Federal 
        assistance for a project under this subsection shall be 
        $10,000,000.
            (8) Other laws.--Assistance provided under this subsection 
        shall be subject to all applicable laws (including regulations) 
        that apply to the construction of a civil works project of the 
        Corps of Engineers.
    (k) Effect of Section.--Nothing in this section--
            (1) affects the requirement under section 100226(b)(2) of 
        the Biggert-Waters Flood Insurance Reform Act of 2012 (42 
        U.S.C. 4101 note; 126 Stat. 942); or
            (2) confers any regulatory authority on--
                    (A) the Secretary; or
                    (B) the Director of the Federal Emergency 
                Management Agency, including for the purpose of setting 
                premium rates under the national flood insurance 
                program established under chapter 1 of the National 
                Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.).

SEC. 6005. NATIONAL LEVEE SAFETY ADVISORY BOARD.

    (a) Establishment.--The Secretary, in coordination with the 
Administrator of the Federal Emergency Management Agency, shall 
establish a board, to be known as the ``National Levee Safety Advisory 
Board''--
            (1) to advise the Secretary and Congress regarding 
        consistent approaches to levee safety;
            (2) to monitor the safety of levees in the United States;
            (3) to assess the effectiveness of the national levee 
        safety program; and
            (4) to ensure that the national levee safety program is 
        carried out in a manner that is consistent with other Federal 
        flood risk management efforts.
    (b) Membership.--
            (1) Voting members.--The Board shall be composed of the 
        following 14 voting members, each of whom shall be appointed by 
        the Secretary, with priority consideration given to 
        representatives from those States that have the most Corps of 
        Engineers levees in the State, based on mileage:
                    (A) 8 representatives of State levee safety 
                programs, 1 from each of the civil works divisions of 
                the Corps of Engineers.
                    (B) 2 representatives of the private sector who 
                have expertise in levee safety.
                    (C) 2 representatives of local and regional 
                governmental agencies who have expertise in levee 
                safety.
                    (D) 2 representatives of Indian tribes who have 
                expertise in levee safety.
            (2) Nonvoting members.--The Secretary (or a designee of the 
        Secretary), the Administrator of the Federal Emergency 
        Management Agency (or a designee of the Administrator), and the 
        administrator of the national levee safety program appointed 
        under section 6004(b)(1)(A) shall serve as nonvoting members of 
        the Board.
            (3) Chairperson.--The voting members of the Board shall 
        appoint a chairperson from among the voting members of the 
        Board, to serve a term of not more than 2 years.
    (c) Qualifications.--
            (1) Individuals.--Each voting member of the Board shall be 
        knowledgeable in the field of levee safety, including water 
        resources and flood risk management.
            (2) As a whole.--The membership of the Board, considered as 
        a whole, shall represent the diversity of skills required to 
        advise the Secretary regarding levee issues relating to--
                    (A) engineering;
                    (B) public communications;
                    (C) program development and oversight;
                    (D) with respect to levees, flood risk management 
                and hazard mitigation; and
                    (E) public safety and the environment.
    (d) Terms of Service.--
            (1) In general.--A voting member of the Board shall be 
        appointed for a term of 3 years, except that, of the members 
        first appointed--
                    (A) 5 shall be appointed for a term of 1 year;
                    (B) 5 shall be appointed for a term of 2 years; and
                    (C) 4 shall be appointed for a term of 3 years.
            (2) Reappointment.--A voting member of the Board may be 
        reappointed to the Board, as the Secretary determines to be 
        appropriate.
            (3) Vacancies.--A vacancy on the Board shall be filled in 
        the same manner as the original appointment was made.
    (e) Standing Committees.--
            (1) In general.--The Board shall be supported by Standing 
        Committees, which shall be comprised of volunteers from all 
        levels of government and the private sector, to advise the 
        Board regarding the national levee safety program.
            (2) Establishment.--The Standing Committees of the Board 
        shall include--
                    (A) the Standing Committee on Participating 
                Programs, which shall advise the Board regarding--
                            (i) the development and implementation of 
                        State and tribal levee safety programs; and
                            (ii) appropriate incentives (including 
                        financial assistance) to be provided to States, 
                        Indian tribes, and local and regional entities;
                    (B) the Standing Committee on Technical Issues, 
                which shall advise the Board regarding--
                            (i) the management of the national levee 
                        database;
                            (ii) the development and maintenance of 
                        levee safety guidelines;
                            (iii) processes and materials for 
                        developing levee-related technical assistance 
                        and training; and
                            (iv) research and development activities 
                        relating to levee safety;
                    (C) the Standing Committee on Public Education and 
                Awareness, which shall advise the Board regarding the 
                development, implementation, and evaluation of targeted 
                public outreach programs--
                            (i) to gather public input;
                            (ii) to educate and raise awareness in 
                        leveed areas of levee risks;
                            (iii) to communicate information regarding 
                        participating programs; and
                            (iv) to track the effectiveness of public 
                        education efforts relating to levee risks;
                    (D) the Standing Committee on Safety and 
                Environment, which shall advise the Board regarding--
                            (i) operation and maintenance activities 
                        for existing levee projects;
                            (ii) opportunities to coordinate public 
                        safety, floodplain management, and 
                        environmental protection activities relating to 
                        levees;
                            (iii) opportunities to coordinate 
                        environmental permitting processes for 
                        operation and maintenance activities at 
                        existing levee projects in compliance with all 
                        applicable laws; and
                            (iv) opportunities for collaboration by 
                        environmental protection and public safety 
                        interests in leveed areas and adjacent areas; 
                        and
                    (E) such other standing committees as the 
                Secretary, in consultation with the Board, determines 
                to be necessary.
            (3) Membership.--
                    (A) In general.--The Board shall recommend to the 
                Secretary for approval individuals for membership on 
                the Standing Committees.
                    (B) Qualifications.--
                            (i) Individuals.--Each member of a Standing 
                        Committee shall be knowledgeable in the issue 
                        areas for which the Committee is charged with 
                        advising the Board.
                            (ii) As a whole.--The membership of each 
                        Standing Committee, considered as a whole, 
                        shall represent, to the maximum extent 
                        practicable, broad geographical diversity.
                    (C) Limitation.--Each Standing Committee shall be 
                comprised of not more than 10 members.
    (f) Duties and Powers.--The Board--
            (1) shall submit to the Secretary and Congress an annual 
        report regarding the effectiveness of the national levee safety 
        program in accordance with section 6007; and
            (2) may secure from other Federal agencies such services, 
        and enter into such contracts, as the Board determines to be 
        necessary to carry out this subsection.
    (g) Task Force Coordination.--The Board shall, to the maximum 
extent practicable, coordinate the activities of the Board with the 
Federal Interagency Floodplain Management Task Force.
    (h) Compensation.--
            (1) Federal employees.--Each member of the Board who is an 
        officer or employee of the United States shall serve without 
        compensation in addition to compensation received for the 
        services of the member as an officer or employee of the United 
        States, but shall be allowed a per diem allowance for travel 
        expenses, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of the duties of the Board.
            (2) Non-federal employees.--To the extent amounts are made 
        available to carry out this section in appropriations Acts, the 
        Secretary shall provide to each member of the Board who is not 
        an officer or employee of the United States a stipend and a per 
        diem allowance for travel expenses, at rates authorized for an 
        employee of an agency under subchapter I of chapter 57 of title 
        5, United States Code, while away from the home or regular 
        place of business of the member in performance of services for 
        the Board.
            (3) Standing committee members.--Each member of a Standing 
        Committee shall--
                    (A) serve in a voluntary capacity; but
                    (B) receive a per diem allowance for travel 
                expenses, at rates authorized for an employee of an 
                agency under subchapter I of chapter 57 of title 5, 
                United States Code, while away from the home or regular 
                place of business of the member in performance of 
                services for the Board.
    (i) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Board or the Standing 
Committees.

SEC. 6006. INVENTORY AND INSPECTION OF LEVEES.

    Section 9004(a)(2)(A) of the Water Resources Development Act of 
2007 (33 U.S.C. 3303(a)(2)(A)) is amended by striking ``and, for non-
Federal levees, such information on levee location as is provided to 
the Secretary by State and local governmental agencies'' and inserting 
``and updated levee information provided by States, Indian tribes, 
Federal agencies, and other entities''.

SEC. 6007. REPORTS.

    (a) State of Levees.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and biennially thereafter, the Secretary 
        in coordination with the Board, shall submit to Congress a 
        report describing the state of levees in the United States and 
        the effectiveness of the national levee safety program, 
        including--
                    (A) progress achieved in implementing the national 
                levee safety program;
                    (B) State and tribal participation in the national 
                levee safety program;
                    (C) recommendations to improve coordination of 
                levee safety, floodplain management, and environmental 
                protection concerns, including--
                            (i) identifying and evaluating 
                        opportunities to coordinate public safety, 
                        floodplain management, and environmental 
                        protection activities relating to levees; and
                            (ii) evaluating opportunities to coordinate 
                        environmental permitting processes for 
                        operation and maintenance activities at 
                        existing levee projects in compliance with all 
                        applicable laws; and
                    (D) any recommendations for legislation and other 
                congressional actions necessary to ensure national 
                levee safety.
            (2) Inclusion.--Each report under paragraph (1) shall 
        include a report of the Board that describes the independent 
        recommendations of the Board for the implementation of the 
        national levee safety program.
    (b) National Dam and Levee Safety Program.--Not later than 3 years 
after the date of enactment of this Act, to the maximum extent 
practicable, the Secretary, in coordination with the Board, shall 
submit to Congress a report that includes recommendations regarding the 
advisability and feasibility of, and potential approaches for, 
establishing a joint national dam and levee safety program.
    (c) Alignment of Federal Programs Relating to Levees.--Not later 
than 2 years after the date of enactment of this Act, the Comptroller 
General shall submit to Congress a report on opportunities for 
alignment of Federal programs to provide incentives to State, tribal, 
and local governments and individuals and entities--
            (1) to promote shared responsibility for levee safety;
            (2) to encourage the development of strong State and tribal 
        levee safety programs;
            (3) to better align the national levee safety program with 
        other Federal flood risk management programs; and
            (4) to promote increased levee safety through other Federal 
        programs providing assistance to State and local governments.
    (d) Liability for Certain Levee Engineering Projects.--Not later 
than 1 year after the date of enactment of this Act, the Secretary 
shall submit to Congress a report that includes recommendations that 
identify and address any legal liability associated with levee 
engineering projects that prevent--
            (1) levee owners from obtaining needed levee engineering 
        services; or
            (2) development and implementation of a State or tribal 
        levee safety program.

SEC. 6008. EFFECT OF TITLE.

    Nothing in this title--
            (1) establishes any liability of the United States or any 
        officer or employee of the United States (including the Board 
        and the Standing Committees of the Board) for any damages 
        caused by any action or failure to act; or
            (2) relieves an owner or operator of a levee of any legal 
        duty, obligation, or liability incident to the ownership or 
        operation of the levee.

SEC. 6009. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary to carry 
out this title--
            (1) for funding the administration and staff of the 
        national levee safety program, the Board, the Standing 
        Committees of the Board, and participating programs, $5,000,000 
        for each of fiscal years 2014 through 2023;
            (2) for technical programs, including the development of 
        levee safety guidelines, publications, training, and technical 
        assistance--
                    (A) $5,000,000 for each of fiscal years 2014 
                through 2018;
                    (B) $7,500,000 for each of fiscal years 2019 and 
                2020; and
                    (C) $10,000,000 for each of fiscal years 2021 
                through 2023;
            (3) for public involvement and education programs, 
        $3,000,000 for each of fiscal years 2014 through 2023;
            (4) to carry out the levee inventory and inspections under 
        section 9004 of the Water Resources Development Act of 2007 (33 
        U.S.C. 3303), $30,000,000 for each of fiscal years 2014 through 
        2018;
            (5) for grants to State and tribal levee safety programs, 
        $300,000,000 for fiscal years 2014 through 2023; and
            (6) for levee rehabilitation assistance grants, 
        $300,000,000 for fiscal years 2014 through 2023.

                      TITLE VII--INLAND WATERWAYS

SEC. 7001. PURPOSES.

    The purposes of this title are--
            (1) to improve program and project management relating to 
        the construction and major rehabilitation of navigation 
        projects on inland waterways;
            (2) to optimize inland waterways navigation system 
        reliability;
            (3) to minimize the size and scope of inland waterways 
        navigation project completion schedules;
            (4) to eliminate preventable delays in inland waterways 
        navigation project completion schedules; and
            (5) to make inland waterways navigation capital investments 
        through the use of prioritization criteria that seek to 
        maximize systemwide benefits and minimize overall system risk.

SEC. 7002. DEFINITIONS.

    In this title:
            (1) Inland waterways trust fund.--The term ``Inland 
        Waterways Trust Fund'' means the Inland Waterways Trust Fund 
        established by section 9506(a) of the Internal Revenue Code of 
        1986.
            (2) Qualifying project.--The term ``qualifying project'' 
        means any construction or major rehabilitation project for 
        navigation infrastructure of the inland and intracoastal 
        waterways that is--
                    (A) authorized before, on, or after the date of 
                enactment of this Act;
                    (B) not completed on the date of enactment of this 
                Act; and
                    (C) funded at least in part from the Inland 
                Waterways Trust Fund.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army, acting through the Chief of Engineers.

SEC. 7003. PROJECT DELIVERY PROCESS REFORMS.

    (a) Requirements for Qualifying Projects.--With respect to each 
qualifying project, the Secretary shall require--
            (1) formal project management training and certification 
        for each project manager;
            (2) assignment as project manager only of personnel fully 
        certified by the Chief of Engineers; and
            (3) for an applicable cost estimation, that--
                    (A) the estimation--
                            (i) is risk-based; and
                            (ii) has a confidence level of at least 80 
                        percent; and
                    (B) a risk-based cost estimate shall be 
                implemented--
                            (i) for a qualified project that requires 
                        an increase in the authorized amount in 
                        accordance with section 902 of the Water 
                        Resources Development Act of 1986 (Public Law 
                        99-662; 100 Stat. 4183), during the preparation 
                        of a post-authorization change report or other 
                        similar decision document;
                            (ii) for a qualified project for which the 
                        first construction contract has not been 
                        awarded, prior to the award of the first 
                        construction contract;
                            (iii) for a qualified project without a 
                        completed Chief of Engineers report, prior to 
                        the completion of such a report; and
                            (iv) for a qualified project with a 
                        completed Chief of Engineers report that has 
                        not yet been authorized, during design for the 
                        qualified project.
    (b) Additional Project Delivery Process Reforms.--Not later than 18 
months after the date of enactment of this Act, the Secretary shall--
            (1) establish a system to identify and apply on a 
        continuing basis lessons learned from prior or ongoing 
        qualifying projects to improve the likelihood of on-time and 
        on-budget completion of qualifying projects;
            (2) evaluate early contractor involvement acquisition 
        procedures to improve on-time and on-budget project delivery 
        performance; and
            (3) implement any additional measures that the Secretary 
        determines will achieve the purposes of this title and the 
        amendments made by this title, including, as the Secretary 
        determines to be appropriate--
                    (A) the implementation of applicable practices and 
                procedures developed pursuant to management by the 
                Secretary of an applicable military construction 
                program;
                    (B) the establishment of 1 or more centers of 
                expertise for the design and review of qualifying 
                projects;
                    (C) the development and use of a portfolio of 
                standard designs for inland navigation locks;
                    (D) the use of full-funding contracts or 
                formulation of a revised continuing contracts clause; 
                and
                    (E) the establishment of procedures for 
                recommending new project construction starts using a 
                capital projects business model.
    (c) Pilot Projects.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        may carry out 1 or more pilot projects to evaluate processes or 
        procedures for the study, design, or construction of qualifying 
        projects.
            (2) Inclusions.--At a minimum, the Secretary shall carry 
        out pilot projects under this subsection to evaluate--
                    (A) early contractor involvement in the development 
                of features and components;
                    (B) an appropriate use of continuing contracts for 
                the construction of features and components; and
                    (C) applicable principles, procedures, and 
                processes used for military construction projects.
    (d) Inland Waterways User Board.--Section 302 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2251) is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Duties of Users Board.--
            ``(1) In general.--The Users Board shall meet not less 
        frequently than semiannually to develop and make 
        recommendations to the Secretary and Congress regarding the 
        inland waterways and inland harbors of the United States.
            ``(2) Advice and recommendations.--For commercial 
        navigation features and components of the inland waterways and 
        inland harbors of the United States, the Users Board shall 
        provide--
                    ``(A) prior to the development of the budget 
                proposal of the President for a given fiscal year, 
                advice and recommendations to the Secretary regarding 
                construction and rehabilitation priorities and spending 
                levels;
                    ``(B) advice and recommendations to Congress 
                regarding any report of the Chief of Engineers relating 
                to those features and components;
                    ``(C) advice and recommendations to Congress 
                regarding an increase in the authorized cost of those 
                features and components;
                    ``(D) not later than 60 days after the date of the 
                submission of the budget proposal of the President to 
                Congress, advice and recommendations to Congress 
                regarding construction and rehabilitation priorities 
                and spending levels; and
                    ``(E) a long-term capital investment program in 
                accordance with subsection (d).
            ``(3) Project development teams.--The chairperson of the 
        Users Board shall appoint a representative of the Users Board 
        to serve on the project development team for a qualifying 
        project or the study or design of a commercial navigation 
        feature or component of the inland waterways and inland harbors 
        of the United States.
            ``(4) Independent judgment.--Any advice or recommendation 
        made by the Users Board to the Secretary shall reflect the 
        independent judgment of the Users Board.'';
            (2) by redesignating subsection (c) as subsection (f); and
            (3) by inserting after subsection (b) the following:
    ``(c) Duties of Secretary.--The Secretary shall--
            ``(1) communicate not less than once each quarter to the 
        Users Board the status of the study, design, or construction of 
        all commercial navigation features or components of the inland 
        waterways or inland harbors of the United States; and
            ``(2) submit to the Users Board a courtesy copy of all 
        reports of the Chief of Engineers relating to a commercial 
        navigation feature or component of the inland waterways or 
        inland harbors of the United States.
    ``(d) Capital Investment Program.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, the Secretary, in coordination 
        with the Users Board, shall develop, and submit to Congress a 
        report describing, a 20-year program for making capital 
        investments on the inland and intracoastal waterways, based on 
        the application of objective, national project selection 
        prioritization criteria.
            ``(2) Consideration.--In developing the program under 
        paragraph (1), the Secretary shall take into consideration the 
        20-year capital investment strategy contained in the Inland 
        Marine Transportation System (IMTS) Capital Projects Business 
        Model, Final Report published on April 13, 2010, as approved by 
        the Users Board.
            ``(3) Criteria.--In developing the plan and prioritization 
        criteria under paragraph (1), the Secretary shall ensure, to 
        the maximum extent practicable, that investments made under the 
        20-year program described in paragraph (1)--
                    ``(A) are made in all geographical areas of the 
                inland waterways system; and
                    ``(B) ensure efficient funding of inland waterways 
                projects.
            ``(4) Strategic review and update.--Not later than 5 years 
        after the date of enactment of this subsection, and not less 
        frequently than once every 5 years thereafter, the Secretary, 
        in conjunction with the Users Board, shall--
                    ``(A) submit to Congress a strategic review of the 
                20-year program in effect under this subsection, which 
                shall identify and explain any changes to the project-
                specific recommendations contained in the previous 20-
                year program (including any changes to the 
                prioritization criteria used to develop the updated 
                recommendations); and
                    ``(B) make such revisions to the program as the 
                Secretary and Users Board jointly consider to be 
                appropriate.
    ``(e) Project Management Plans.--The chairperson of the Users Board 
and the project development team member appointed by the chairperson 
under subsection (b)(3) shall sign the project management plan for the 
qualifying project or the study or design of a commercial navigation 
feature or component of the inland waterways and inland harbors of the 
United States.''.

SEC. 7004. MAJOR REHABILITATION STANDARDS.

    Section 205(1)(E)(ii) of the Water Resources Development Act of 
1992 (33 U.S.C. 2327(1)(E)(ii)) is amended by striking ``$8,000,000'' 
and inserting ``$20,000,000''.

SEC. 7005. INLAND WATERWAYS SYSTEM REVENUES.

    (a) Findings.--Congress finds that--
            (1) there are approximately 12,000 miles of Federal 
        waterways, known as the inland waterways system, that are 
        supported by user fees and managed by the Corps of Engineers;
            (2) the inland waterways system spans 38 States and handles 
        approximately one-half of all inland waterway freight;
            (3) according to the final report of the Inland Marine 
        Transportation System Capital Projects Business Model, freight 
        traffic on the Federal fuel-taxed inland waterways system 
        accounts for 546,000,000 tons of freight each year;
            (4) expenditures for construction and major rehabilitation 
        projects on the inland waterways system are equally cost-shared 
        between the Federal Government and the Inland Waterways Trust 
        Fund;
            (5) the Inland Waterways Trust Fund is financed through a 
        fee of $0.20 per gallon on fuel used by commercial barges;
            (6) the balance of the Inland Waterways Trust Fund has 
        declined significantly in recent years;
            (7) according to the final report of the Inland Marine 
        Transportation System Capital Projects Business Model, the 
        estimated financial need for construction and major 
        rehabilitation projects on the inland waterways system for 
        fiscal years 2011 through 2030 is approximately 
        $18,000,000,000; and
            (8) users of the inland waterways system are supportive of 
        an increase in the existing revenue sources for inland 
        waterways system construction and major rehabilitation 
        activities to expedite the most critical of those construction 
        and major rehabilitation projects.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the existing revenue sources for inland waterways 
        system construction and rehabilitation activities are 
        insufficient to cover the costs of non-Federal interests of 
        construction and major rehabilitation projects on the inland 
        waterways system; and
            (2) the issue described in paragraph (1) should be 
        addressed.

SEC. 7006. EFFICIENCY OF REVENUE COLLECTION.

    Not later than 2 years after the date of enactment of this Act, the 
Comptroller General shall prepare a report on the efficiency of 
collecting the fuel tax for the Inland Waterways Trust Fund, which 
shall include--
            (1) an evaluation of whether current methods of collection 
        of the fuel tax result in full compliance with requirements of 
        the law;
            (2) whether alternative methods of collection would result 
        in increased revenues into the Inland Waterways Trust Fund; and
            (3) an evaluation of alternative collection options.

SEC. 7007. GAO STUDY, OLMSTED LOCKS AND DAM, LOWER OHIO RIVER, ILLINOIS 
              AND KENTUCKY.

    As soon as practicable after the date of enactment of this Act, the 
Comptroller General of the United States shall conduct, and submit to 
Congress a report describing the results of, a study to determine why, 
and to what extent, the project for navigation, Lower Ohio River, Locks 
and Dams 52 and 53, Illinois and Kentucky (commonly known as the 
``Olmsted Locks and Dam project''), authorized by section 3(a)(6) of 
the Water Resources Development Act of 1988 (102 Stat. 4013), has 
exceeded the budget for the project and the reasons why the project 
failed to be completed as scheduled, including an assessment of--
            (1) engineering methods used for the project;
            (2) the management of the project;
            (3) contracting for the project;
            (4) the cost to the United States of benefits foregone due 
        to project delays; and
            (5) such other contributory factors as the Comptroller 
        General determines to be appropriate.

SEC. 7008. OLMSTED LOCKS AND DAM, LOWER OHIO RIVER, ILLINOIS AND 
              KENTUCKY.

    Section 3(a)(6) of the Water Resources Development Act of 1988 (102 
Stat. 4013) is amended by striking ``and with the costs of 
construction'' and all that follows through the period at the end and 
inserting ``which amounts remaining after the date of enactment of this 
Act shall be appropriated from the general fund of the Treasury.''.

                     TITLE VIII--HARBOR MAINTENANCE

SEC. 8001. SHORT TITLE.

    This title may be cited as the ``Harbor Maintenance Trust Fund Act 
of 2013''.

SEC. 8002. PURPOSES.

    The purposes of this title are--
            (1) to ensure that revenues collected into the Harbor 
        Maintenance Trust Fund are used for the intended purposes of 
        those revenues;
            (2) to increase investment in the operation and maintenance 
        of United States ports, which are critical for the economic 
        competitiveness of the United States;
            (3) to promote equity among ports nationwide;
            (4) to ensure United States ports are prepared to meet 
        modern shipping needs, including the capability to receive 
        large ships that require deeper drafts; and
            (5) to prevent cargo diversion from United States ports.

SEC. 8003. FUNDING FOR HARBOR MAINTENANCE PROGRAMS.

    (a) Definitions.--In this section:
            (1) Total budget resources.--The term ``total budget 
        resources'' means the total amount made available by 
        appropriations Acts from the Harbor Maintenance Trust Fund for 
        a fiscal year for making expenditures under section 9505(c) of 
        the Internal Revenue Code of 1986.
            (2) Level of receipts plus interest.--The term ``level of 
        receipts plus interest'' means the level of taxes and interest 
        credited to the Harbor Maintenance Trust Fund under section 
        9505 of the Internal Revenue Code of 1986 for a fiscal year as 
        set forth in the President's budget baseline projection, as 
        determined under section 257 of the Balanced Budget and 
        Emergency Deficit Control Act of 1985 (2 U.S.C. 907) for that 
        fiscal year submitted pursuant to section 1105 of title 31, 
        United States Code.
    (b) Minimum Resources.--
            (1) Minimum resources.--
                    (A) In general.--The total budget resources made 
                available to the Secretary from the Harbor Maintenance 
                Trust Fund shall be not less than the lesser of--
                            (i)(I) for fiscal year 2014, 
                        $1,000,000,000;
                            (II) for fiscal year 2015, $1,100,000,000;
                            (III) for fiscal year 2016, $1,200,000,000;
                            (IV) for fiscal year 2017, $1,300,000,000;
                            (V) for fiscal year 2018, $1,400,000,000; 
                        and
                            (VI) for fiscal year 2019, $1,500,000,000; 
                        and
                            (ii) the level of receipts plus interest 
                        credited to the Harbor Maintenance Trust Fund 
                        for that fiscal year.
                    (B) Fiscal year 2020 and subsequent fiscal years.--
                For fiscal year 2020 and each fiscal year thereafter, 
                the total budget resources made available to the 
                Secretary from the Harbor Maintenance Trust Fund shall 
                be not less than the level of receipts plus interest 
                credited to the Harbor Maintenance Trust Fund for that 
                fiscal year.
            (2) Use of amounts.--The amounts described in paragraph (1) 
        may be used only for harbor maintenance programs described in 
        section 9505(c) of the Internal Revenue Code of 1986.
    (c) Impact on Other Funds.--
            (1) In general.--Subject to paragraph (3), subsection 
        (b)(1) shall not apply if providing the minimum resources 
        required under that subsection would result in making the 
        amounts made available for the applicable fiscal year to carry 
        out all programs, projects, and activities of the civil works 
        program of the Corps of Engineers, other than the harbor 
        maintenance programs, to be less than the amounts made 
        available for those purposes in the previous fiscal year.
            (2) Calculation of amounts.--For each fiscal year, the 
        amounts made available to carry out all programs, projects, and 
        activities of the civil works program of the Corps of Engineers 
        shall not include any amounts that are designated by Congress--
                    (A) as being for emergency requirements pursuant to 
                section 251(b)(2)(A)(i) of the Balanced Budget and 
                Emergency Deficit Control Act of 1985 (2 U.S.C. 
                901(b)(2)(A)(i)); or
                    (B) as being for disaster relief pursuant to 
                section 251(b)(2)(D) of the Balanced Budget and 
                Emergency Deficit Control Act of 1985 (2 U.S.C. 
                901(b)(2)(D)).
            (3) Exceptions.--Paragraph (1) shall not apply if--
                    (A) amounts made available for the civil works 
                program of the Corps of Engineers for a fiscal year are 
                less than the amounts made available for the civil 
                works program in the previous fiscal year; and
                    (B) the reduction in amounts made available--
                            (i) applies to all discretionary funds and 
                        programs of the Federal Government; and
                            (ii) is applied to the civil works program 
                        in the same percentage and manner as other 
                        discretionary funds and programs.

SEC. 8004. HARBOR MAINTENANCE TRUST FUND PRIORITIZATION.

    (a) Policy.--It is the policy of the United States that the primary 
use of the Harbor Maintenance Trust Fund is for maintaining the 
constructed widths and depths of the commercial ports and harbors of 
the United States, and those functions should be given first 
consideration in the budgeting of Harbor Maintenance Trust Fund 
allocations.
    (b) In General.--Section 210 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2238) is amended by adding at the end the following:
    ``(c) Prioritization.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Constructed width and depth.--The term 
                `constructed width and depth' means the depth to which 
                a project has been constructed, which shall not exceed 
                the authorized width and depth of the project.
                    ``(B) Great lakes navigation system.--The term 
                `Great Lakes Navigation System' includes--
                            ``(i)(I) Lake Superior;
                            ``(II) Lake Huron;
                            ``(III) Lake Michigan;
                            ``(IV) Lake Erie; and
                            ``(V) Lake Ontario;
                            ``(ii) all connecting waters between the 
                        lakes referred to in clause (i) used for 
                        commercial navigation;
                            ``(iii) any navigation features in the 
                        lakes referred to in clause (i) or waters 
                        described in clause (ii) that are a Federal 
                        operation or maintenance responsibility; and
                            ``(iv) areas of the Saint Lawrence River 
                        that are operated or maintained by the Federal 
                        Government for commercial navigation.
                    ``(C) High-use deep draft.--
                            ``(i) In general.--The term `high-use deep 
                        draft' means a project that has a depth of 
                        greater than 14 feet with not less than 
                        10,000,000 tons of cargo annually.
                            ``(ii) Exclusion.--The term `high-use deep 
                        draft' does not include a project located in 
                        the Great Lakes Navigation System.
                    ``(D) Low-use port.--The term `low-use port' means 
                a port at which not more than 1,000,000 tons of cargo 
                are transported each calendar year.
                    ``(E) Moderate-use port.--The term `moderate-use 
                port' means a port at which more than 1,000,000, but 
                fewer than 10,000,000, tons of cargo are transported 
                each calendar year.
            ``(2) Priority.--Of the amounts made available under this 
        section to carry out projects described in subsection (a)(2) 
        that are in excess of the amounts made available to carry out 
        those projects in fiscal year 2012, the Secretary of the Army, 
        acting through the Chief of Engineers, shall give priority to 
        those projects in the following order:
                    ``(A)(i) In any fiscal year in which all projects 
                subject to the harbor maintenance fee under section 
                24.24 of title 19, Code of Federal Regulations (or a 
                successor regulation) are not maintained to their 
                constructed width and depth, the Secretary shall 
                prioritize amounts made available under this section 
                for those projects that are high-use deep draft and are 
                a priority for navigation in the Great Lakes Navigation 
                System.
                    ``(ii) Of the amounts made available under clause 
                (i)--
                            ``(I) 80 percent shall be used for projects 
                        that are high-use deep draft; and
                            ``(II) 20 percent shall be used for 
                        projects that are a priority for navigation in 
                        the Great Lakes Navigation System.
                    ``(B) In any fiscal year in which all projects 
                identified as high-use deep draft are maintained to 
                their constructed width and depth, the Secretary 
                shall--
                            ``(i) equally divide among each of the 
                        districts of the Corps of Engineers in which 
                        eligible projects are located 10 percent of 
                        remaining amounts made available under this 
                        section for moderate-use and low-use port 
                        projects--
                                    ``(I) that have been maintained at 
                                less than their constructed width and 
                                depth due to insufficient federal 
                                funding during the preceding 6 fiscal 
                                years; and
                                    ``(II) for which significant State 
                                and local investments in infrastructure 
                                have been made at those projects during 
                                the preceding 6 fiscal years; and
                            ``(ii) prioritize any remaining amounts 
                        made available under this section for those 
                        projects that are not maintained to the minimum 
                        width and depth necessary to provide sufficient 
                        clearance for fully loaded commercial vessels 
                        using those projects to maneuver safely.
            ``(3) Administration.--For purposes of this subsection, 
        State and local investments in infrastructure shall include 
        infrastructure investments made using amounts made available 
        for activities under section 105(a)(9) of the Housing and 
        Community Development Act of 1974 (42 U.S.C. 5305(a)(9)).
            ``(4) Exceptions.--The Secretary may prioritize a project 
        not identified in paragraph (2) if the Secretary determines 
        that funding for the project is necessary to address--
                    ``(A) hazardous navigation conditions; or
                    ``(B) impacts of natural disasters, including 
                storms and droughts.
            ``(5) Reports to congress.--Not later than September 30, 
        2013, and annually thereafter, the Secretary shall submit to 
        Congress a report that describes, with respect to the preceding 
        fiscal year--
                    ``(A) the amount of funds used to maintain high-use 
                deep draft projects and projects at moderate-use ports 
                and low-use ports to the constructed depth and width of 
                the projects;
                    ``(B) the respective percentage of total funds 
                provided under this section used for high use deep 
                draft projects and projects at moderate-use ports and 
                low-use ports;
                    ``(C) the remaining amount of funds made available 
                to carry out this section, if any; and
                    ``(D) any additional amounts needed to maintain the 
                high-use deep draft projects and projects at moderate-
                use ports and low-use ports to the constructed depth 
                and width of the projects.''.
    (c) Operation and Maintenance.--Section 101(b) of the Water 
Resources Development Act of 1986 (33 U.S.C. 2211(b)) is amended--
            (1) in paragraph (1), by striking ``45 feet'' and inserting 
        ``50 feet''; and
            (2) by adding at the end the following:
            ``(3) Operation and maintenance activities defined.--
                    ``(A) Scope of operation and maintenance 
                activities.--Notwithstanding any other provision of law 
                (including regulations and guidelines) and subject to 
                subparagraph (B), for purposes of this subsection, 
                operation and maintenance activities that are eligible 
                for the Federal cost share under paragraph (1) shall 
                include--
                            ``(i) the dredging of berths in a harbor 
                        that is accessible to a Federal channel, if the 
                        Federal channel has been constructed to a depth 
                        equal to the authorized depth of the channel; 
                        and
                            ``(ii) the dredging and disposal of legacy-
                        contaminated sediments and sediments unsuitable 
                        for ocean disposal that--
                                    ``(I) are located in or affect the 
                                maintenance of Federal navigation 
                                channels; or
                                    ``(II) are located in berths that 
                                are accessible to Federal channels.
                    ``(B) Limitations.--
                            ``(i) In general.--For each fiscal year, 
                        subject to section 210(c)(2), subparagraph (A) 
                        shall only apply--
                                    ``(I) to the amounts made available 
                                under section 210 to carry out projects 
                                described in subsection (a)(2) of that 
                                section that are in excess of the 
                                amounts made available to carry out 
                                those projects in fiscal year 2012; and
                                    ``(II) if, in that fiscal year, all 
                                projects identified as high-use deep 
                                draft (as defined in section 210(c)) 
                                are maintained to their constructed 
                                width and depth.
                            ``(ii) State limitation.--For each fiscal 
                        year, the operation and maintenance activities 
                        described in subparagraph (A) may only be 
                        carried out in a State--
                                    ``(I) in which the total amounts 
                                collected pursuant to section 4461 of 
                                the Internal Revenue Code of 1986 
                                comprise not less than 2.5 percent 
                                annually of the total funding of the 
                                Harbor Maintenance Trust Fund 
                                established under section 9505 of the 
                                Internal Revenue Code of 1986; and
                                    ``(II) that received less than 50 
                                percent of the total amounts collected 
                                in that State pursuant to section 4461 
                                of the Internal Revenue Code of 1986 in 
                                the previous 3 fiscal years.
                            ``(iii) Prioritization.--In allocating 
                        amounts made available under this paragraph, 
                        the Secretary shall give priority to projects 
                        that have received the lowest amount of funding 
                        from the Harbor Maintenance Trust Fund in 
                        comparison to the amount of funding contributed 
                        to the Harbor Maintenance Trust Fund in the 
                        previous 3 fiscal years.
                            ``(iv) Maximum amount.--The total amount 
                        made available in each fiscal year to carry out 
                        this paragraph shall not exceed the lesser of--
                                    ``(I) amount that is equal to 40 
                                percent of the amounts made available 
                                under section 210 to carry out projects 
                                described in subsection (a)(2) of that 
                                section that are in excess of the 
                                amounts made available to carry out 
                                those projects in fiscal year 2012; and
                                    ``(II) the amount that is equal to 
                                20 percent of the amounts made 
                                available under section 210 to carry 
                                out projects described in subsection 
                                (a)(2) of that section.
            ``(4) Donor ports and ports contributing to energy 
        production.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Cargo container.--The term `cargo 
                        container' means a cargo container that is 1 
                        Twenty-foot Equivalent Unit.
                            ``(ii) Eligible donor port.--The term, 
                        `eligible donor port' means a port--
                                    ``(I) that is subject to the harbor 
                                maintenance fee under section 24.24 of 
                                title 19, Code of Federal Regulations 
                                (or a successor regulation);
                                    ``(II)(aa) at which the total 
                                amounts collected pursuant to section 
                                4461 of the Internal Revenue Code of 
                                1986 comprise not less than $15,000,000 
                                annually of the total funding of the 
                                Harbor Maintenance Trust Fund 
                                established under section 9505 of the 
                                Internal Revenue Code of 1986; and
                                    ``(bb) that received less than 25 
                                percent of the total amounts collected 
                                at that port pursuant to section 4461 
                                of the Internal Revenue Code of 1986 in 
                                the previous 5 fiscal years; and
                                    ``(III) that is located in a State 
                                in which more than 2,000,000 cargo 
                                containers were unloaded from or loaded 
                                on to vessels in calendar year 2011.
                            ``(iii) Eligible energy transfer port.--The 
                        term `eligible energy transfer port' means a 
                        port--
                                    ``(I) that is subject to the harbor 
                                maintenance fee under section 24.24 of 
                                title 19, Code of Federal Regulation 
                                (or successor regulation); and
                                    ``(II)(aa) at which energy 
                                commodities comprised greater than 25 
                                percent of all commercial activity by 
                                tonnage in calendar year 2011; and
                                            ``(bb) through which more 
                                        than 40 million tons of cargo 
                                        were transported in calendar 
                                        year 2011.
                            ``(iv) Energy commodity.--The term `energy 
                        commodity' includes--
                                    ``(I) petroleum products;
                                    ``(II) natural gas;
                                    ``(III) coal;
                                    ``(IV) wind and solar energy 
                                components; and
                                    ``(V) biofuels.
                    ``(B) Additional uses.--
                            ``(i) In general.--Subject to 
                        appropriations, the Secretary may provide to 
                        eligible donor ports and eligible energy 
                        transfer ports amounts in accordance with 
                        clause (ii).
                            ``(ii) Limitations.--The amounts described 
                        in clause (i)--
                                    ``(I) made available for eligible 
                                energy transfer ports shall be divided 
                                equally among all States with an 
                                eligible energy transfer port; and
                                    ``(II) shall be made available only 
                                to a port as either an eligible donor 
                                port or an eligible energy transfer 
                                port.
                    ``(C) Uses.--Amounts provided to an eligible port 
                under this paragraph may only be used by that port--
                            ``(i) to provide payments to importers 
                        entering cargo or shippers transporting cargo 
                        through an eligible donor port or eligible 
                        energy transfer port, as calculated by U.S. 
                        Customs and Border Protection;
                            ``(ii) to dredge berths in a harbor that is 
                        accessible to a Federal channel;
                            ``(iii) to dredge and dispose of legacy-
                        contaminated sediments and sediments unsuitable 
                        for ocean disposal that--
                                    ``(I) are located in or affect the 
                                maintenance of Federal navigation 
                                channels; or
                                    ``(II) are located in berths that 
                                are accessible to Federal channels; or
                            ``(iv) for environmental remediation 
                        related to dredging berths and Federal 
                        navigation channels.
                    ``(D) Administration of payments.--If an eligible 
                donor port or eligible energy transfer port elects to 
                provide payments to importers or shippers in accordance 
                with subparagraph (C)(i), the Secretary shall transfer 
                the amounts that would be provided to the port under 
                this paragraph to the Commissioner of U.S. Customs and 
                Border Protection to provide the payments to the 
                importers or shippers.
                    ``(E) Authorization of appropriations.--
                            ``(i) In general.--For fiscal years 2014 
                        through 2024, if the total amounts made 
                        available from the Harbor Maintenance Trust 
                        Fund exceed the total amounts made available 
                        from the Harbor Maintenance Trust Fund in 
                        fiscal year 2012, there is authorized to be 
                        appropriated from the Harbor Maintenance Trust 
                        Fund to carry out this paragraph the sum 
                        obtained by adding--
                                    ``(I) $50,000,000; and
                                    ``(II) the amount that is equal to 
                                10 percent of the amounts made 
                                available under section 210 to carry 
                                out projects described in subsection 
                                (a)(2) of that section that are in 
                                excess of the amounts made available to 
                                carry out those projects in fiscal year 
                                2012.
                            ``(ii) Division between eligible donor 
                        ports and eligible energy transfer ports.--For 
                        each fiscal year, amounts made available shall 
                        be divided equally between eligible donor ports 
                        and eligible energy transfer ports.''.
    (d) Conforming Amendment.--Section 9505(c)(1) of the Internal 
Revenue Code of 1986 is amended by striking ``as in effect on the date 
of the enactment of the Water Resources Development Act of 1996'' and 
inserting ``as in effect on the date of the enactment of the Harbor 
Maintenance Trust Fund Act of 2013''.

SEC. 8005. HARBOR MAINTENANCE TRUST FUND STUDY.

    (a) Definitions.--In this section:
            (1) Low-use port.--The term ``low-use port'' means a port 
        at which not more than 1,000,000 tons of cargo are transported 
        each calendar year.
            (2) Moderate-use port.--The term ``moderate-use port'' 
        means a port at which more than 1,000,000, but fewer than 
        10,000,000, tons of cargo are transported each calendar year.
    (b) Study.--Not later than 270 days after the date of enactment of 
this Act, the Comptroller General of the United States shall carry out 
a study and submit to Congress a report that--
            (1) evaluates the effectiveness of activities funded by the 
        Harbor Maintenance Trust Fund in maximizing economic growth and 
        job creation in the communities surrounding low- and moderate-
        use ports; and
            (2) includes recommendations relating to the use of amounts 
        in the Harbor Maintenance Trust Fund to increase the 
        competitiveness of United States ports relative to Canadian and 
        Mexican ports.

                          TITLE IX--DAM SAFETY

SEC. 9001. SHORT TITLE.

    This title may be cited as the ``Dam Safety Act of 2013''.

SEC. 9002. PURPOSE.

    The purpose of this title and the amendments made by this title is 
to reduce the risks to life and property from dam failure in the United 
States through the reauthorization of an effective national dam safety 
program that brings together the expertise and resources of the Federal 
Government and non-Federal interests in achieving national dam safety 
hazard reduction.

SEC. 9003. ADMINISTRATOR.

    (a) In General.--The National Dam Safety Program Act (33 U.S.C. 467 
et seq.) is amended by striking ``Director'' each place it appears and 
inserting ``Administrator''.
    (b) Conforming Amendment.--Section 2 of the National Dam Safety 
Program Act (33 U.S.C. 467) is amended--
            (1) by striking paragraph (3);
            (2) by redesignating paragraphs (1) and (2) as paragraphs 
        (2) and (3), respectively; and
            (3) by inserting before paragraph (2) (as redesignated by 
        paragraph (2)) the following:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Emergency Management Agency.''.

SEC. 9004. INSPECTION OF DAMS.

    Section 3(b)(1) of the National Dam Safety Program Act (33 U.S.C. 
467a(b)(1)) is amended by striking ``or maintenance'' and inserting 
``maintenance, condition, or provisions for emergency operations''.

SEC. 9005. NATIONAL DAM SAFETY PROGRAM.

    (a) Objectives.--Section 8(c) of the National Dam Safety Program 
Act (33 U.S.C. 467f(c)) is amended by striking paragraph (4) and 
inserting the following:
            ``(4) develop and implement a comprehensive dam safety 
        hazard education and public awareness program to assist the 
        public in preparing for, mitigating, responding to, and 
        recovering from dam incidents;''.
    (b) Board.--Section 8(f)(4) of the National Dam Safety Program Act 
(33 U.S.C. 467f(f)(4)) is amended by inserting ``, representatives from 
nongovernmental organizations,'' after ``State agencies''.

SEC. 9006. PUBLIC AWARENESS AND OUTREACH FOR DAM SAFETY.

    The National Dam Safety Program Act (33 U.S.C. 467 et seq.) is 
amended--
            (1) by redesignating sections 11, 12, and 13 as sections 
        12, 13, and 14, respectively; and
            (2) by inserting after section 10 (33 U.S.C. 467g-1) the 
        following:

``SEC. 11. PUBLIC AWARENESS AND OUTREACH FOR DAM SAFETY.

    ``The Administrator, in consultation with other Federal agencies, 
State and local governments, dam owners, the emergency management 
community, the private sector, nongovernmental organizations and 
associations, institutions of higher education, and any other 
appropriate entities shall carry out a nationwide public awareness and 
outreach program to assist the public in preparing for, mitigating, 
responding to, and recovering from dam incidents.''.

SEC. 9007. AUTHORIZATION OF APPROPRIATIONS.

    (a) National Dam Safety Program.--
            (1) Annual amounts.--Section 14(a)(1) of the National Dam 
        Safety Program Act (33 U.S.C. 467j(a)(1)) (as so redesignated) 
        is amended by striking ``$6,500,000'' and all that follows 
        through ``2011'' and inserting ``$9,200,000 for each of fiscal 
        years 2014 through 2018''.
            (2) Maximum amount of allocation.--Section 14(a)(2)(B) of 
        the National Dam Safety Program Act (33 U.S.C. 467j(a)(2)(B)) 
        (as so redesignated) is amended--
                    (A) by striking ``The amount'' and inserting the 
                following:
                            ``(i) In general.--The amount''; and
                    (B) by adding at the end the following:
                            ``(ii) Fiscal year 2014 and subsequent 
                        fiscal years.--For fiscal year 2014 and each 
                        subsequent fiscal year, the amount of funds 
                        allocated to a State under this paragraph may 
                        not exceed the amount of funds committed by the 
                        State to implement dam safety activities.''.
    (b) National Dam Inventory.--Section 14(b) of the National Dam 
Safety Program Act (33 U.S.C. 467j(b)) (as so redesignated) is amended 
by striking ``$650,000'' and all that follows through ``2011'' and 
inserting ``$500,000 for each of fiscal years 2014 through 2018''.
    (c) Public Awareness.--Section 14 of the National Dam Safety 
Program Act (33 U.S.C. 467j) (as so redesignated) is amended--
            (1) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Public Awareness.--There is authorized to be appropriated to 
carry out section 11 $1,000,000 for each of fiscal years 2014 through 
2018.''.
    (d) Research.--Section 14(d) of the National Dam Safety Program Act 
(as so redesignated) is amended by striking ``$1,600,000'' and all that 
follows through ``2011'' and inserting ``$1,450,000 for each of fiscal 
years 2014 through 2018''.
    (e) Dam Safety Training.--Section 14(e) of the National Dam Safety 
Program Act (as so redesignated) is amended by striking ``$550,000'' 
and all that follows through ``2011'' and inserting ``$750,000 for each 
of fiscal years 2014 through 2018''.
    (f) Staff.--Section 14(f) of the National Dam Safety Program Act 
(as so redesignated) is amended by striking ``$700,000'' and all that 
follows through ``2011'' and inserting ``$1,000,000 for each of fiscal 
years 2014 through 2018''.

              TITLE X--INNOVATIVE FINANCING PILOT PROJECTS

SEC. 10001. SHORT TITLE.

    This title may be cited as the ``Water Infrastructure Finance and 
Innovation Act of 2013''.

SEC. 10002. PURPOSES.

    The purpose of this title is to establish a pilot program to assess 
the ability of innovative financing tools to--
            (1) promote increased development of critical water 
        resources infrastructure by establishing additional 
        opportunities for financing water resources projects that 
        complement but do not replace or reduce existing Federal 
        infrastructure financing tools such as the State water 
        pollution control revolving loan funds established under title 
        VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 
        et seq.) and the State drinking water treatment revolving loan 
        funds established under section 1452 of the Safe Drinking Water 
        Act (42 U.S.C. 300j-12);
            (2) attract new investment capital to infrastructure 
        projects that are capable of generating revenue streams through 
        user fees or other dedicated funding sources;
            (3) complement existing Federal funding sources and address 
        budgetary constraints on the Corps of Engineers civil works 
        program and existing wastewater and drinking water 
        infrastructure financing programs;
            (4) leverage private investment in water resources 
        infrastructure;
            (5) align investments in water resources infrastructure to 
        achieve multiple benefits; and
            (6) assist communities facing significant water quality, 
        drinking water, or flood risk challenges with the development 
        of water infrastructure projects.

SEC. 10003. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Community water system.--The term ``community water 
        system'' has the meaning given the term in section 1401 of the 
        Safe Drinking Water Act (42 U.S.C. 300f).
            (3) Federal credit instrument.--The term ``Federal credit 
        instrument'' means a secured loan or loan guarantee authorized 
        to be made available under this title with respect to a 
        project.
            (4) Investment-grade rating.--The term ``investment-grade 
        rating'' means a rating of BBB minus, Baa3, bbb minus, BBB 
        (low), or higher assigned by a rating agency to project 
        obligations.
            (5) Lender.--
                    (A) In general.--The term ``lender'' means any non-
                Federal qualified institutional buyer (as defined in 
                section 230.144A(a) of title 17, Code of Federal 
                Regulations (or a successor regulation), known as Rule 
                144A(a) of the Securities and Exchange Commission and 
                issued under the Securities Act of 1933 (15 U.S.C. 77a 
                et seq.)).
                    (B) Inclusions.--The term ``lender'' includes--
                            (i) a qualified retirement plan (as defined 
                        in section 4974(c) of the Internal Revenue Code 
                        of 1986) that is a qualified institutional 
                        buyer; and
                            (ii) a governmental plan (as defined in 
                        section 414(d) of the Internal Revenue Code of 
                        1986) that is a qualified institutional buyer.
            (6) Loan guarantee.--The term ``loan guarantee'' means any 
        guarantee or other pledge by the Secretary or the Administrator 
        to pay all or part of the principal of, and interest on, a loan 
        or other debt obligation issued by an obligor and funded by a 
        lender.
            (7) Obligor.--The term ``obligor'' means an eligible entity 
        that is primarily liable for payment of the principal of, or 
        interest on, a Federal credit instrument.
            (8) Project obligation.--
                    (A) In general.--The term ``project obligation'' 
                means any note, bond, debenture, or other debt 
                obligation issued by an obligor in connection with the 
                financing of a project.
                    (B) Exclusion.--The term ``project obligation'' 
                does not include a Federal credit instrument.
            (9) Rating agency.--The term ``rating agency'' means a 
        credit rating agency registered with the Securities and 
        Exchange Commission as a nationally recognized statistical 
        rating organization (as defined in section 3(a) of the 
        Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
            (10) Rural water infrastructure project.--The term ``rural 
        water infrastructure project'' means a project that--
                    (A) is described in section 10007; and
                    (B) is located in a water system that serves not 
                more than 25,000 individuals.
            (11) Secured loan.--The term ``secured loan'' means a 
        direct loan or other debt obligation issued by an obligor and 
        funded by the Secretary in connection with the financing of a 
        project under section 10010.
            (12) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico; and
                    (D) any other territory or possession of the United 
                States.
            (13) State infrastructure financing authority.--The term 
        ``State infrastructure financing authority'' means the State 
        entity established or designated by the Governor of a State to 
        receive a capitalization grant provided by, or otherwise carry 
        out the requirements of, title VI of the Federal Water 
        Pollution Control Act (33 U.S.C. 1381 et. seq.) or section 1452 
        of the Safe Drinking Water Act (42 U.S.C. 300j-12).
            (14) Subsidy amount.--The term ``subsidy amount'' means the 
        amount of budget authority sufficient to cover the estimated 
        long-term cost to the Federal Government of a Federal credit 
        instrument, as calculated on a net present value basis, 
        excluding administrative costs and any incidental effects on 
        governmental receipts or outlays in accordance with the Federal 
        Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
            (15) Substantial completion.--The term ``substantial 
        completion'', with respect to a project, means the earliest 
        date on which a project is considered to perform the functions 
        for which the project is designed.
            (16) Treatment works.--The term ``treatment works'' has the 
        meaning given the term in section 212 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1292).

SEC. 10004. AUTHORITY TO PROVIDE ASSISTANCE.

    (a) In General.--The Secretary and the Administrator may provide 
financial assistance under this title to carry out pilot projects, 
which shall be selected to ensure a diversity of project types and 
geographical locations.
    (b) Responsibility.--
            (1) Secretary.--The Secretary shall carry out all pilot 
        projects under this title that are eligible projects under 
        section 10007(1).
            (2) Administrator.--The Administrator shall carry out all 
        pilot projects under this title that are eligible projects 
        under paragraphs (2), (3), (4), (5), (6), and (8) of section 
        10007.
            (3) Other projects.--The Secretary or the Administrator, as 
        applicable, may carry out eligible projects under paragraph (7) 
        or (9) of section 10007.

SEC. 10005. APPLICATIONS.

    (a) In General.--To receive assistance under this title, an 
eligible entity shall submit to the Secretary or the Administrator, as 
applicable, an application at such time, in such manner, and containing 
such information as the Secretary or the Administrator may require.
    (b) Combined Projects.--In the case of an eligible project 
described in paragraph (8) or (9) of section 10007, the Secretary or 
the Administrator, as applicable, shall require the eligible entity to 
submit a single application for the combined group of projects.

SEC. 10006. ELIGIBLE ENTITIES.

    The following entities are eligible to receive assistance under 
this title:
            (1) A corporation.
            (2) A partnership.
            (3) A joint venture.
            (4) A trust.
            (5) A Federal, State, or local governmental entity, agency, 
        or instrumentality.
            (6) A tribal government or consortium of tribal 
        governments.
            (7) A State infrastructure financing authority.

SEC. 10007. PROJECTS ELIGIBLE FOR ASSISTANCE.

    The following projects may be carried out with amounts made 
available under this title:
            (1) A project for flood control or hurricane and storm 
        damage reduction that the Secretary has determined is 
        technically sound, economically justified, and environmentally 
        acceptable, including--
                    (A) a structural or nonstructural measure to reduce 
                flood risk, enhance stream flow, or protect natural 
                resources; and
                    (B) a levee, dam, tunnel, aqueduct, reservoir, or 
                other related water infrastructure.
            (2) 1 or more activities that are eligible for assistance 
        under section 603(c) of the Federal Water Pollution Control Act 
        (33 U.S.C. 1383(c)), notwithstanding the public ownership 
        requirement under paragraph (1) of that subsection.
            (3) 1 or more activities described in section 1452(a)(2) of 
        the Safe Drinking Water Act (42 U.S.C. 300j-12(a)(2)).
            (4) A project for enhanced energy efficiency in the 
        operation of a public water system or a publicly owned 
        treatment works.
            (5) A project for repair, rehabilitation, or replacement of 
        a treatment works, community water system, or aging water 
        distribution or waste collection facility (including a facility 
        that serves a population or community of an Indian 
        reservation).
            (6) A brackish or sea water desalination project, a managed 
        aquifer recharge project, or a water recycling project.
            (7) Acquisition of real property or an interest in real 
        property--
                    (A) if the acquisition is integral to a project 
                described in paragraphs (1) through (6); or
                    (B) pursuant to an existing plan that, in the 
                judgment of the Administrator or the Secretary, as 
                applicable, would mitigate the environmental impacts of 
                water resources infrastructure projects otherwise 
                eligible for assistance under this section.
            (8) A combination of projects, each of which is eligible 
        under paragraph (2) or (3), for which a State infrastructure 
        financing authority submits to the Administrator a single 
        application.
            (9) A combination of projects secured by a common security 
        pledge, each of which is eligible under paragraph (1), (2), 
        (3), (4), (5), (6), or (7), for which an eligible entity, or a 
        combination of eligible entities, submits a single application.

SEC. 10008. ACTIVITIES ELIGIBLE FOR ASSISTANCE.

    For purposes of this title, an eligible activity with respect to an 
eligible project includes the cost of--
            (1) development-phase activities, including planning, 
        feasibility analysis (including any related analysis necessary 
        to carry out an eligible project), revenue forecasting, 
        environmental review, permitting, preliminary engineering and 
        design work, and other preconstruction activities;
            (2) construction, reconstruction, rehabilitation, and 
        replacement activities;
            (3) the acquisition of real property or an interest in real 
        property (including water rights, land relating to the project, 
        and improvements to land), environmental mitigation (including 
        acquisitions pursuant to section 10007(7)), construction 
        contingencies, and acquisition of equipment;
            (4) capitalized interest necessary to meet market 
        requirements, reasonably required reserve funds, capital 
        issuance expenses, and other carrying costs during 
        construction; and
            (5) refinancing interim construction funding, long-term 
        project obligations, or a secured loan or loan guarantee made 
        under this title.

SEC. 10009. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.

    (a) Eligibility Requirements.--To be eligible to receive financial 
assistance under this title, a project shall meet the following 
criteria, as determined by the Secretary or Administrator, as 
applicable:
            (1) Creditworthiness.--
                    (A) In general.--Subject to subparagraph (B), the 
                project shall be creditworthy, which shall be 
                determined by the Secretary or the Administrator, as 
                applicable, who shall ensure that any financing for the 
                project has appropriate security features, such as a 
                rate covenant, to ensure repayment.
                    (B) Preliminary rating opinion letter.--The 
                Secretary or the Administrator, as applicable, shall 
                require each project applicant to provide a preliminary 
                rating opinion letter from at least 1 rating agency 
                indicating that the senior obligations of the project 
                (which may be the Federal credit instrument) have the 
                potential to achieve an investment-grade rating.
                    (C) Special rule for certain combined projects.--
                The Administrator shall develop a credit evaluation 
                process for a Federal credit instrument provided to a 
                State infrastructure financing authority for a project 
                under section 10007(8) or an entity for a project under 
                section 10007(9), which may include requiring the 
                provision of a preliminary rating opinion letter from 
                at least 1 rating agency.
            (2) Eligible project costs.--
                    (A) In general.--Subject to subparagraph (B), the 
                eligible project costs of a project shall be reasonably 
                anticipated to be not less than $20,000,000.
                    (B) Rural water infrastructure projects.--For rural 
                water infrastructure projects, the eligible project 
                costs of a project shall be reasonably anticipated to 
                be not less than $5,000,000.
            (3) Dedicated revenue sources.--The Federal credit 
        instrument for the project shall be repayable, in whole or in 
        part, from dedicated revenue sources that also secure the 
        project obligations.
            (4) Public sponsorship of private entities.--In the case of 
        a project carried out by an entity that is not a State or local 
        government or an agency or instrumentality of a State or local 
        government or a tribal government or consortium of tribal 
        governments, the project shall be publicly sponsored.
            (5) Limitation.--No project receiving Federal credit 
        assistance under this title may be financed or refinanced 
        (directly or indirectly), in whole or in part, with proceeds of 
        any obligation--
                    (A) the interest on which is exempt from the tax 
                imposed under chapter 1 of the Internal Revenue Code of 
                1986; or
                    (B) with respect to which credit is allowable under 
                subpart I or J of part IV of subchapter A of chapter 1 
                of such Code.
    (b) Selection Criteria.--
            (1) Establishment.--The Secretary or the Administrator, as 
        applicable, shall establish criteria for the selection of 
        projects that meet the eligibility requirements of subsection 
        (a), in accordance with paragraph (2).
            (2) Criteria.--The selection criteria shall include the 
        following:
                    (A) The extent to which the project is nationally 
                or regionally significant, with respect to the 
                generation of economic and public benefits, such as--
                            (i) the reduction of flood risk;
                            (ii) the improvement of water quality and 
                        quantity, including aquifer recharge;
                            (iii) the protection of drinking water; and
                            (iv) the support of international commerce.
                    (B) The extent to which the project financing plan 
                includes public or private financing in addition to 
                assistance under this title.
                    (C) The likelihood that assistance under this title 
                would enable the project to proceed at an earlier date 
                than the project would otherwise be able to proceed.
                    (D) The extent to which the project uses new or 
                innovative approaches.
                    (E) The amount of budget authority required to fund 
                the Federal credit instrument made available under this 
                title.
                    (F) The extent to which the project--
                            (i) protects against extreme weather 
                        events, such as floods or hurricanes; or
                            (ii) helps maintain or protect the 
                        environment.
                    (G) The extent to which a project serves regions 
                with significant energy exploration, development, or 
                production areas.
                    (H) The extent to which a project serves regions 
                with significant water resource challenges, including 
                the need to address--
                            (i) water quality concerns in areas of 
                        regional, national, or international 
                        significance;
                            (ii) water quantity concerns related to 
                        groundwater, surface water, or other water 
                        sources;
                            (iii) significant flood risk;
                            (iv) water resource challenges identified 
                        in existing regional, State, or multistate 
                        agreements; or
                            (v) water resources with exceptional 
                        recreational value or ecological importance.
                    (I) The extent to which assistance under this title 
                reduces the contribution of Federal assistance to the 
                project.
            (3) Special rule for certain combined projects.--For a 
        project described in section 10007(8), the Administrator shall 
        only consider the criteria described in subparagraphs (B) 
        through (I) of paragraph (2).
    (c) Federal Requirements.--Nothing in this section supersedes the 
applicability of other requirements of Federal law (including 
regulations).

SEC. 10010. SECURED LOANS.

    (a) Agreements.--
            (1) In general.--Subject to paragraphs (2) through (4), the 
        Secretary or the Administrator, as applicable, may enter into 
        agreements with 1 or more obligors to make secured loans, the 
        proceeds of which shall be used--
                    (A) to finance eligible project costs of any 
                project selected under section 10009;
                    (B) to refinance interim construction financing of 
                eligible project costs of any project selected under 
                section 10009; or
                    (C) to refinance long-term project obligations or 
                Federal credit instruments, if that refinancing 
                provides additional funding capacity for the 
                completion, enhancement, or expansion of any project 
                that--
                            (i) is selected under section 10009; or
                            (ii) otherwise meets the requirements of 
                        section 10009.
            (2) Limitation on refinancing of interim construction 
        financing.--A secured loan under paragraph (1) shall not be 
        used to refinance interim construction financing under 
        paragraph (1)(B) later than 1 year after the date of 
        substantial completion of the applicable project.
            (3) Financial risk assessment.--Before entering into an 
        agreement under this subsection for a secured loan, the 
        Secretary or the Administrator, as applicable, in consultation 
        with the Director of the Office of Management and Budget and 
        each rating agency providing a preliminary rating opinion 
        letter under section 10009(a)(1)(B), shall determine an 
        appropriate capital reserve subsidy amount for the secured 
        loan, taking into account each such preliminary rating opinion 
        letter.
            (4) Investment-grade rating requirement.--The execution of 
        a secured loan under this section shall be contingent on 
        receipt by the senior obligations of the project of an 
        investment-grade rating.
    (b) Terms and Limitations.--
            (1) In general.--A secured loan provided for a project 
        under this section shall be subject to such terms and 
        conditions, and contain such covenants, representations, 
        warranties, and requirements (including requirements for 
        audits), as the Secretary or the Administrator, as applicable, 
        determines to be appropriate.
            (2) Maximum amount.--The amount of a secured loan under 
        this section shall not exceed the lesser of--
                    (A) an amount equal to 49 percent of the reasonably 
                anticipated eligible project costs; and
                    (B) if the secured loan does not receive an 
                investment-grade rating, the amount of the senior 
                project obligations of the project.
            (3) Payment.--A secured loan under this section--
                    (A) shall be payable, in whole or in part, from 
                State or local taxes, user fees, or other dedicated 
                revenue sources that also secure the senior project 
                obligations of the relevant project;
                    (B) shall include a rate covenant, coverage 
                requirement, or similar security feature supporting the 
                project obligations; and
                    (C) may have a lien on revenues described in 
                subparagraph (A), subject to any lien securing project 
                obligations.
            (4) Interest rate.--The interest rate on a secured loan 
        under this section shall be not less than the yield on United 
        States Treasury securities of a similar maturity to the 
        maturity of the secured loan on the date of execution of the 
        loan agreement.
            (5) Maturity date.--
                    (A) In general.--The final maturity date of a 
                secured loan under this section shall be not later than 
                35 years after the date of substantial completion of 
                the relevant project.
                    (B) Special rule for state infrastructure financing 
                authorities.--The final maturity date of a secured loan 
                to a State infrastructure financing authority under 
                this section shall be not later than 35 years after the 
                date on which amounts are first disbursed.
            (6) Nonsubordination.--A secured loan under this section 
        shall not be subordinated to the claims of any holder of 
        project obligations in the event of bankruptcy, insolvency, or 
        liquidation of the obligor of the project.
            (7) Fees.--The Secretary or the Administrator, as 
        applicable, may establish fees at a level sufficient to cover 
        all or a portion of the costs to the Federal Government of 
        making a secured loan under this section.
            (8) Non-federal share.--The proceeds of a secured loan 
        under this section may be used to pay any non-Federal share of 
        project costs required if the loan is repayable from non-
        Federal funds.
            (9) Maximum federal involvement.--
                    (A) In general.--Except as provided in subparagraph 
                (B), for each project for which assistance is provided 
                under this title, the total amount of Federal 
                assistance shall not exceed 80 percent of the total 
                project cost.
                    (B) Exception.--Subparagraph (A) shall not apply to 
                any rural water project--
                            (i) that is authorized to be carried out by 
                        the Secretary of the Interior;
                            (ii) that includes among its beneficiaries 
                        a federally recognized Indian tribe; and
                            (iii) for which the authorized Federal 
                        share of the total project costs is greater 
                        than the amount described in subparagraph (A).
    (c) Repayment.--
            (1) Schedule.--The Secretary or the Administrator, as 
        applicable, shall establish a repayment schedule for each 
        secured loan provided under this section, based on the 
        projected cash flow from project revenues and other repayment 
        sources.
            (2) Commencement.--
                    (A) In general.--Scheduled loan repayments of 
                principal or interest on a secured loan under this 
                section shall commence not later than 5 years after the 
                date of substantial completion of the project.
                    (B) Special rule for state infrastructure financing 
                authorities.--Scheduled loan repayments of principal or 
                interest on a secured loan to a State infrastructure 
                financing authority under this title shall commence not 
                later than 5 years after the date on which amounts are 
                first disbursed.
            (3) Deferred payments.--
                    (A) Authorization.--If, at any time after the date 
                of substantial completion of a project for which a 
                secured loan is provided under this section, the 
                project is unable to generate sufficient revenues to 
                pay the scheduled loan repayments of principal and 
                interest on the secured loan, the Secretary or the 
                Administrator, as applicable, subject to subparagraph 
                (C), may allow the obligor to add unpaid principal and 
                interest to the outstanding balance of the secured 
                loan.
                    (B) Interest.--Any payment deferred under 
                subparagraph (A) shall--
                            (i) continue to accrue interest in 
                        accordance with subsection (b)(4) until fully 
                        repaid; and
                            (ii) be scheduled to be amortized over the 
                        remaining term of the secured loan.
                    (C) Criteria.--
                            (i) In general.--Any payment deferral under 
                        subparagraph (A) shall be contingent on the 
                        project meeting such criteria as the Secretary 
                        or the Administrator, as applicable, may 
                        establish.
                            (ii) Repayment standards.--The criteria 
                        established under clause (i) shall include 
                        standards for reasonable assurance of 
                        repayment.
            (4) Prepayment.--
                    (A) Use of excess revenues.--Any excess revenues 
                that remain after satisfying scheduled debt service 
                requirements on the project obligations and secured 
                loan and all deposit requirements under the terms of 
                any trust agreement, bond resolution, or similar 
                agreement securing project obligations may be applied 
                annually to prepay a secured loan under this section 
                without penalty.
                    (B) Use of proceeds of refinancing.--A secured loan 
                under this section may be prepaid at any time without 
                penalty from the proceeds of refinancing from non-
                Federal funding sources.
    (d) Sale of Secured Loans.--
            (1) In general.--Subject to paragraph (2), as soon as 
        practicable after the date of substantial completion of a 
        project and after providing a notice to the obligor, the 
        Secretary or the Administrator, as applicable, may sell to 
        another entity or reoffer into the capital markets a secured 
        loan for a project under this section, if the Secretary or the 
        Administrator, as applicable, determines that the sale or 
        reoffering can be made on favorable terms.
            (2) Consent of obligor.--In making a sale or reoffering 
        under paragraph (1), the Secretary or the Administrator, as 
        applicable, may not change the original terms and conditions of 
        the secured loan without the written consent of the obligor.
    (e) Loan Guarantees.--
            (1) In general.--The Secretary or the Administrator, as 
        applicable, may provide a loan guarantee to a lender in lieu of 
        making a secured loan under this section, if the Secretary or 
        the Administrator, as applicable, determines that the budgetary 
        cost of the loan guarantee is substantially the same as that of 
        a secured loan.
            (2) Terms.--The terms of a loan guarantee provided under 
        this subsection shall be consistent with the terms established 
        in this section for a secured loan, except that the rate on the 
        guaranteed loan and any prepayment features shall be negotiated 
        between the obligor and the lender, with the consent of the 
        Secretary or the Administrator, as applicable.

SEC. 10011. PROGRAM ADMINISTRATION.

    (a) Requirement.--The Secretary or the Administrator, as 
applicable, shall establish a uniform system to service the Federal 
credit instruments made available under this title.
    (b) Fees.--
            (1) In general.--The Secretary or the Administrator, as 
        applicable, may collect and spend fees, contingent on authority 
        being provided in appropriations Acts, at a level that is 
        sufficient to cover--
                    (A) the costs of services of expert firms retained 
                pursuant to subsection (d); and
                    (B) all or a portion of the costs to the Federal 
                Government of servicing the Federal credit instruments 
                provided under this title.
    (c) Servicer.--
            (1) In general.--The Secretary or the Administrator, as 
        applicable, may appoint a financial entity to assist the 
        Secretary or the Administrator in servicing the Federal credit 
        instruments provided under this title.
            (2) Duties.--A servicer appointed under paragraph (1) shall 
        act as the agent for the Secretary or the Administrator, as 
        applicable.
            (3) Fee.--A servicer appointed under paragraph (1) shall 
        receive a servicing fee, subject to approval by the Secretary 
        or the Administrator, as applicable.
    (d) Assistance From Experts.--The Secretary or the Administrator, 
as applicable, may retain the services, including counsel, of 
organizations and entities with expertise in the field of municipal and 
project finance to assist in the underwriting and servicing of Federal 
credit instruments provided under this title.
    (e) Applicability of Other Laws.--Section 513 of the Federal Water 
Pollution Control Act (33 U.S.C. 1372) applies to the construction of a 
project carried out, in whole or in part, with assistance made 
available through a Federal credit instrument under this title in the 
same manner that section applies to a treatment works for which a grant 
is made available under that Act.

SEC. 10012. STATE, TRIBAL, AND LOCAL PERMITS.

    The provision of financial assistance for project under this title 
shall not--
            (1) relieve any recipient of the assistance of any 
        obligation to obtain any required State, local, or tribal 
        permit or approval with respect to the project;
            (2) limit the right of any unit of State, local, or tribal 
        government to approve or regulate any rate of return on private 
        equity invested in the project; or
            (3) otherwise supersede any State, local, or tribal law 
        (including any regulation) applicable to the construction or 
        operation of the project.

SEC. 10013. REGULATIONS.

    The Secretary or the Administrator, as applicable, may promulgate 
such regulations as the Secretary or Administrator determines to be 
appropriate to carry out this title.

SEC. 10014. FUNDING.

    (a) In General.--There is authorized to be appropriated to each of 
the Secretary and the Administrator to carry out this title $50,000,000 
for each of fiscal years 2014 through 2018, to remain available until 
expended.
    (b) Administrative Costs.--Of the funds made available to carry out 
this title, the Secretary or the Administrator, as applicable, may use 
for the administration of this title, including for the provision of 
technical assistance to aid project sponsors in obtaining the necessary 
approvals for the project, not more than $2,200,000 for each of fiscal 
years 2014 through 2018.

SEC. 10015. REPORT TO CONGRESS.

    Not later than 2 years after the date of enactment of this Act, and 
every 2 years thereafter, the Secretary or the Administrator, as 
applicable, shall submit to the Committee on Environment and Public 
Works of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report summarizing for 
the projects that are receiving, or have received, assistance under 
this title--
            (1) the financial performance of those projects, including 
        a recommendation as to whether the objectives of this title are 
        being met; and
            (2) the public benefit provided by those projects, 
        including, as applicable, water quality and water quantity 
        improvement, the protection of drinking water, and the 
        reduction of flood risk.

SEC. 10016. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS.

    (a) In General.--Except as provided in subsection (b), none of the 
amounts made available under this Act may be used for the construction, 
alteration, maintenance, or repair of a project eligible for assistance 
under this title unless all of the iron, steel, and manufactured goods 
used in the project are produced in the United States.
    (b) Exception.--Subsection (a) shall not apply in any case or 
category of cases in which the Secretary finds that--
            (1) applying subsection (a) would be inconsistent with the 
        public interest;
            (2) iron, steel, and the relevant manufactured goods are 
        not produced in the United States in sufficient and reasonably 
        available quantities and of a satisfactory quality; or
            (3) inclusion of iron, steel, and manufactured goods 
        produced in the United States will increase the cost of the 
        overall project by more than 25 percent.
    (c) Public Notice.--If the Secretary determines that it is 
necessary to waive the application of subsection (a) based on a finding 
under subsection (b), the Secretary shall publish in the Federal 
Register a detailed written justification as to why the provision is 
being waived.
    (d) International Agreements.--This section shall be applied in a 
manner consistent with United States obligations under international 
agreements.

                       TITLE XI--EXTREME WEATHER

SEC. 11001. DEFINITION OF RESILIENT CONSTRUCTION TECHNIQUE.

    In this title, the term ``resilient construction technique'' means 
a construction method that--
            (1) allows a property--
                    (A) to resist hazards brought on by a major 
                disaster; and
                    (B) to continue to provide the primary functions of 
                the property after a major disaster;
            (2) reduces the magnitude or duration of a disruptive event 
        to a property; and
            (3) has the absorptive capacity, adaptive capacity, and 
        recoverability to withstand a potentially disruptive event.

SEC. 11002. STUDY ON RISK REDUCTION.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Secretary, in coordination with the 
Secretary of the Interior and the Secretary of Commerce, shall enter 
into an arrangement with the National Academy of Sciences to carry out 
a study and make recommendations relating to infrastructure and coastal 
restoration options for reducing risk to human life and property from 
extreme weather events, such as hurricanes, coastal storms, and inland 
flooding.
    (b) Considerations.--The study under subsection (a) shall include--
            (1) an analysis of strategies and water resources projects, 
        including authorized water resources projects that have not yet 
        been constructed, and other projects implemented in the United 
        States and worldwide to respond to risk associated with extreme 
        weather events;
            (2) an analysis of--
                    (A) historical extreme weather events;
                    (B) the ability of existing infrastructure to 
                mitigate risks associated with extreme weather events; 
                and
                    (C) the reduction in long-term costs and 
                vulnerability to infrastructure through the use of 
                resilient construction techniques.
            (3) identification of proven, science-based approaches and 
        mechanisms for ecosystem protection and identification of 
        natural resources likely to have the greatest need for 
        protection, restoration, and conservation so that the 
        infrastructure and restoration projects can continue 
        safeguarding the communities in, and sustaining the economy of, 
        the United States;
            (4) an estimation of the funding necessary to improve 
        infrastructure in the United States to reduce risk associated 
        with extreme weather events;
            (5) an analysis of the adequacy of current funding sources 
        and the identification of potential new funding sources to 
        finance the necessary infrastructure improvements referred to 
        in paragraph (3); and
            (6) an analysis of the Federal, State, and local costs of 
        natural disasters and the potential cost-savings associated 
        with implementing mitigation measures.
    (c) Coordination.--The National Academy of Sciences may cooperate 
with the National Academy of Public Administration to carry out 1 or 
more aspects of the study under subsection (a).
    (d) Publication.--Not later than 30 days after completion of the 
study under subsection (a), the National Academy of Sciences shall--
            (1) submit a copy of the study to the Committee on 
        Environment and Public Works of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives; and
            (2) make a copy of the study available on a publicly 
        accessible Internet site.

SEC. 11003. GAO STUDY ON MANAGEMENT OF FLOOD, DROUGHT, AND STORM 
              DAMAGE.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Comptroller General shall submit to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
study of the strategies used by the Corps of Engineers for the 
comprehensive management of water resources in response to floods, 
storms, and droughts, including an historical review of the ability of 
the Corps of Engineers to manage and respond to historical drought, 
storm, and flood events.
    (b) Considerations.--The study under subsection (a) shall address--
            (1) the extent to which existing water management 
        activities of the Corps of Engineers can better meet the goal 
        of addressing future flooding, drought, and storm damage risks, 
        which shall include analysis of all historical extreme weather 
        events that have been recorded during the previous 5 centuries 
        as well as in the geological record;
            (2) whether existing water resources projects built or 
        maintained by the Corps of Engineers, including dams, levees, 
        floodwalls, flood gates, and other appurtenant infrastructure 
        were designed to adequately address flood, storm, and drought 
        impacts and the extent to which the water resources projects 
        have been successful at addressing those impacts;
            (3) any recommendations for approaches for repairing, 
        rebuilding, or restoring infrastructure, land, and natural 
        resources that consider the risks and vulnerabilities 
        associated with past and future extreme weather events;
            (4) whether a reevaluation of existing management 
        approaches of the Corps of Engineers could result in greater 
        efficiencies in water management and project delivery that 
        would enable the Corps of Engineers to better prepare for, 
        contain, and respond to flood, storm, and drought conditions;
            (5) any recommendations for improving the planning 
        processes of the Corps of Engineers to provide opportunities 
        for comprehensive management of water resources that increases 
        efficiency and improves response to flood, storm, and drought 
        conditions;
            (6) any recommendations on the use of resilient 
        construction techniques to reduce future vulnerability from 
        flood, storm, and drought conditions; and
            (7) any recommendations for improving approaches to 
        rebuilding or restoring infrastructure and natural resources 
        that contribute to risk reduction, such as coastal wetlands, to 
        prepare for flood and drought.

SEC. 11004. POST-DISASTER WATERSHED ASSESSMENTS.

    (a) Watershed Assessments.--
            (1) In general.--In an area that the President has declared 
        a major disaster in accordance with section 401 of the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170), the Secretary may carry out a watershed 
        assessment to identify, to the maximum extent practicable, 
        specific flood risk reduction, hurricane and storm damage 
        reduction, ecosystem restoration, or navigation project 
        recommendations that will help to rehabilitate and improve the 
        resiliency of damaged infrastructure and natural resources to 
        reduce risks to human life and property from future natural 
        disasters.
            (2) Existing projects.--A watershed assessment carried out 
        paragraph (1) may identify existing projects being carried out 
        under 1 or more of the authorities referred to in subsection 
        (b) (1).
            (3) Duplicate watershed assessments.--In carrying out a 
        watershed assessment under paragraph (1), the Secretary shall 
        use all existing watershed assessments and related information 
        developed by the Secretary or other Federal, State, or local 
        entities.
    (b) Projects.--
            (1) In general.--The Secretary may carry out 1 or more 
        small projects identified in a watershed assessment under 
        subsection (a) that the Secretary would otherwise be authorized 
        to carry out under--
                    (A) section 205 of the Flood Control Act of 1948 
                (33 U.S.C. 701s);
                    (B) section 111 of the River and Harbor Act of 1968 
                (33 U.S.C. 426i);
                    (C) section 206 of the Water Resources Development 
                Act of 1996 (33 U.S.C. 2330);
                    (D) section 1135 of the Water Resources Development 
                Act of 1986 (33 U.S.C. 2309a);
                    (E) section 107 of the River and Harbor Act of 1960 
                (33 U.S.C. 577); or
                    (F) section 3 of the Act of August 13, 1946 (33 
                U.S.C. 426g).
            (2) Existing projects.--In carrying out a project under 
        paragraph (1), the Secretary shall--
                    (A) to the maximum extent practicable, use all 
                existing information and studies available for the 
                project; and
                    (B) not require any element of a study completed 
                for the project prior to the disaster to be repeated.
    (c) Requirements.--All requirements applicable to a project under 
the Acts described in subsection (b) shall apply to the project.
    (d) Limitations on Assessments.--
            (1) In general.--A watershed assessment under subsection 
        (a) shall be initiated not later than 2 years after the date on 
        which the major disaster declaration is issued.
            (2) Federal share.--The Federal share of the cost of 
        carrying out a watershed assessment under subsection (a) shall 
        not exceed $1,000,000.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $25,000,000 for each of fiscal 
years 2014 through 2018.

SEC. 11005. AUTHORITY TO ACCEPT AND EXPEND NON-FEDERAL AMOUNTS.

    The Secretary is authorized to accept and expend amounts provided 
by non-Federal interests for the purpose of repairing, restoring, or 
replacing water resources projects that have been damaged or destroyed 
as a result of a major disaster or other emergency if the Secretary 
determines that the acceptance and expenditure of those amounts is in 
the public interest.

              TITLE XII--NATIONAL ENDOWMENT FOR THE OCEANS

SEC. 12001. SHORT TITLE.

    This title may be cited as the ``National Endowment for the Oceans 
Act''.

SEC. 12002. PURPOSES.

    The purposes of this title are to protect, conserve, restore, and 
understand the oceans, coasts, and Great Lakes of the United States, 
ensuring present and future generations will benefit from the full 
range of ecological, economic, educational, social, cultural, 
nutritional, and recreational opportunities and services these 
resources are capable of providing.

SEC. 12003. DEFINITIONS.

    In this title:
            (1) Coastal shoreline county.--The term ``coastal shoreline 
        county'' has the meaning given the term by the Administrator of 
        the Federal Emergency Management Agency for purposes of 
        administering the National Flood Insurance Act of 1968 (42 
        U.S.C. 4001 et seq.).
            (2) Coastal state.--The term ``coastal State'' has the 
        meaning given the term ``coastal state'' in section 304 of the 
        Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
            (3) Corpus.--The term ``corpus'', with respect to the 
        Endowment fund, means an amount equal to the Federal payments 
        to such fund, amounts contributed to the fund from non-Federal 
        sources, and appreciation from capital gains and reinvestment 
        of income.
            (4) Endowment.--The term ``Endowment'' means the endowment 
        established under subsection (a).
            (5) Endowment fund.--The term ``Endowment fund'' means a 
        fund, or a tax-exempt foundation, established and maintained 
        pursuant to this title by the Foundation for the purposes 
        described in section 12004(a).
            (6) Foundation.--The term ``Foundation'' means the National 
        Fish and Wildlife Foundation established by section 2(a) of the 
        National Fish and Wildlife Foundation Establishment Act (16 
        U.S.C. 3701(a)).
            (7) Income.--The term ``income'', with respect to the 
        Endowment fund, means an amount equal to the dividends and 
        interest accruing from investments of the corpus of such fund.
            (8) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given that term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (10) Tidal shoreline.--The term ``tidal shoreline'' has the 
        meaning given that term pursuant to section 923.110(c)(2)(i) of 
        title 15, Code of Federal Regulations, or a similar successor 
        regulation.

SEC. 12004. NATIONAL ENDOWMENT FOR THE OCEANS.

    (a) Establishment.--The Secretary and the Foundation are authorized 
to establish the National Endowment for the Oceans as a permanent 
Endowment fund, in accordance with this section, to further the 
purposes of this title and to support the programs established under 
this title.
    (b) Agreements.--The Secretary and the Foundation may enter into 
such agreements as may be necessary to carry out the purposes of this 
title.
    (c) Deposits.--There shall be deposited in the Fund, which shall 
constitute the assets of the Fund, amounts as follows:
            (1) Amounts appropriated or otherwise made available to 
        carry out this title.
            (2) Amounts earned through investment under subsection (d).
    (d) Investments.--The Foundation shall invest the Endowment fund 
corpus and income for the benefit of the Endowment.
    (e) Requirements.--Any amounts received by the Foundation pursuant 
to this title shall be subject to the provisions of the National Fish 
and Wildlife Establishment Act (16 U.S.C. 3701 et seq.), except the 
provisions of section 10(a) of that Act (16 U.S.C. 3709(a)).
    (f) Withdrawals and Expenditures.--
            (1) Allocation of funds.--Each fiscal year, the Foundation 
        shall, in consultation with the Secretary, allocate an amount 
        equal to not less than 3 percent and not more than 7 percent of 
        the corpus of the Endowment fund and the income generated from 
        the Endowment fund from the current fiscal year.
            (2) Expenditure.--Except as provided in paragraph (3), of 
        the amounts allocated under paragraph (1) for each fiscal 
        year--
                    (A) at least 59 percent shall be used by the 
                Foundation to award grants to coastal States under 
                section 12006(b);
                    (B) at least 39 percent shall be allocated by the 
                Foundation to award grants under section 12006(c); and
                    (C) no more than 2 percent may be used by the 
                Secretary and the Foundation for administrative 
                expenses to carry out this title, which amount shall be 
                divided between the Secretary and the Foundation 
                pursuant to an agreement reached and documented by both 
                the Secretary and the Foundation.
            (3) Program adjustments.--
                    (A) In general.--In any fiscal year in which the 
                amount described in subparagraph (B) is less than 
                $100,000,000, the Foundation, in consultation with the 
                Secretary, may elect not to use any of the amounts 
                allocated under paragraph (1) for that fiscal year to 
                award grants under section 12006(b).
                    (B) Determination amount.--The amount described in 
                this subparagraph for a fiscal year is the amount that 
                is equal to the sum of--
                            (i) the amount that is 5 percent of the 
                        corpus of the Endowment fund; and
                            (ii) the aggregate amount of income the 
                        Foundation expects to be generated from the 
                        Endowment fund in that fiscal year.
    (g) Recovery of Payments.--After notice and an opportunity for a 
hearing, the Secretary is authorized to recover any Federal payments 
under this section if the Foundation--
            (1) makes a withdrawal or expenditure of the corpus of the 
        Endowment fund or the income of the Endowment fund that is not 
        consistent with the requirements of section 12005; or
            (2) fails to comply with a procedure, measure, method, or 
        standard established under section 12006(a)(1).

SEC. 12005. ELIGIBLE USES.

    (a) In General.--Amounts in the Endowment may be allocated by the 
Foundation to support programs and activities intended to restore, 
protect, maintain, or understand living marine resources and their 
habitats and ocean, coastal, and Great Lakes resources, including 
baseline scientific research, ocean observing, and other programs and 
activities carried out in coordination with Federal and State 
departments or agencies, that are consistent with Federal environmental 
laws and that avoid environmental degradation, including the following:
            (1) Ocean, coastal, and Great Lakes restoration and 
        protection, including the protection of the environmental 
        integrity of such areas, and their related watersheds, 
        including efforts to mitigate potential impacts of sea level 
        change, changes in ocean chemistry, and changes in ocean 
        temperature.
            (2) Restoration, protection, or maintenance of living 
        ocean, coastal, and Great Lakes resources and their habitats, 
        including marine protected areas and riparian migratory habitat 
        of coastal and marine species.
            (3) Planning for and managing coastal development to 
        enhance ecosystem integrity or minimize impacts from sea level 
        change and coastal erosion.
            (4) Analyses of current and anticipated impacts of ocean 
        acidification and assessment of potential actions to minimize 
        harm to ocean, coastal, and Great Lakes ecosystems.
            (5) Analyses of, and planning for, current and anticipated 
        uses of ocean, coastal, and Great Lakes areas.
            (6) Regional, subregional, or site-specific management 
        efforts designed to manage, protect, or restore ocean, coastal, 
        and Great Lakes resources and ecosystems.
            (7) Research, assessment, monitoring, observation, 
        modeling, and sharing of scientific information that contribute 
        to the understanding of ocean, coastal, and Great Lakes 
        ecosystems and support the purposes of this title.
            (8) Efforts to understand better the processes that govern 
        the fate and transport of petroleum hydrocarbons released into 
        the marine environment from natural and anthropogenic sources, 
        including spills.
            (9) Efforts to improve spill response and preparedness 
        technologies.
            (10) Acquiring property or interests in property in coastal 
        and estuarine areas, if such property or interest is acquired 
        in a manner that will ensure such property or interest will be 
        administered to support the purposes of this title.
            (11) Protection and relocation of critical coastal public 
        infrastructure affected by erosion or sea level change.
    (b) Matching Requirement.--An amount from the Endowment may not be 
allocated to fund a project or activity described in paragraph (10) or 
(11) of subsection (a) unless non-Federal contributions in an amount 
equal to 30 percent or more of the cost of such project or activity is 
made available to carry out such project or activity.
    (c) Considerations for Great Lakes States.--Programs and activities 
funded in Great Lakes States shall also seek to attain the goals 
embodied in the Great Lakes Restoration Initiative Plan, the Great 
Lakes Regional Collaboration Strategy, the Great Lakes Water Quality 
Agreement, or other collaborative planning efforts of the Great Lakes 
Region.
    (d) Prohibition on Use of Funds for Litigation.--No funds made 
available under this title may be used to fund litigation over any 
matter.

SEC. 12006. GRANTS.

    (a) Administration of Grants.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Foundation shall establish the 
        following:
                    (A) Application and review procedures for the 
                awarding of grants under this section, including 
                requirements ensuring that any amounts awarded under 
                such subsections may only be used for an eligible use 
                described under section 12005.
                    (B) Approval procedures for the awarding of grants 
                under this section that require consultation with the 
                Secretary of Commerce and the Secretary of the 
                Interior.
                    (C) Eligibility criteria for awarding grants--
                            (i) under subsection (b) to coastal States; 
                        and
                            (ii) under subsection (c) to entities 
                        including States, Indian tribes, regional 
                        bodies, associations, non-governmental 
                        organizations, and academic institutions.
                    (D) Performance accountability and monitoring 
                measures for programs and activities funded by a grant 
                awarded under subsection (b) or (c).
                    (E) Procedures and methods to ensure accurate 
                accounting and appropriate administration grants 
                awarded under this section, including standards of 
                record keeping.
                    (F) Procedures to carry out audits of the Endowment 
                as necessary, but not less frequently than once every 5 
                years.
                    (G) Procedures to carry out audits of the 
                recipients of grants under this section.
            (2) Approval procedures.--
                    (A) Submittal.--The Foundation shall submit to the 
                Secretary each procedure, measure, method, and standard 
                established under paragraph (1).
                    (B) Determination and notice.--Not later than 90 
                days after receiving the procedures, measures, methods, 
                and standards under subparagraph (A), the Secretary 
                shall--
                            (i) determine whether to approve or 
                        disapprove of such procedures, measures, 
                        methods, and standards; and
                            (ii) notify the Foundation of such 
                        determination.
                    (C) Justification of disapproval.--If the Secretary 
                disapproves of the procedures, measures, methods, and 
                standards under subparagraph (B), the Secretary shall 
                include in notice submitted under clause (ii) of such 
                subparagraph the rationale for such disapproval.
                    (D) Resubmittal.--Not later than 30 days after the 
                Foundation receives notification under subparagraph 
                (B)(ii) that the Secretary has disapproved the 
                procedures, measures, methods, and standards, the 
                Foundation shall revise such procedures, measures, 
                methods, and standards and submit such revised 
                procedures, measures, methods, and standards to the 
                Secretary.
                    (E) Review of resubmittal.--Not later than 30 days 
                after receiving revised procedures, measures, methods, 
                and standards resubmitted under subparagraph (D), the 
                Secretary shall--
                            (i) determine whether to approve or 
                        disapprove the revised procedures, measures, 
                        methods, and standards; and
                            (ii) notify the Foundation of such 
                        determination.
    (b) Grants to Coastal States.--
            (1) In general.--Subject to paragraphs (3) and (4), the 
        Foundation shall award grants of amounts allocated under 
        section 12004(e)(2)(A) to eligible coastal States, based on the 
        following formula:
                    (A) Fifty percent of the funds are allocated 
                equally among eligible coastal States.
                    (B) Twenty-five percent of the funds are allocated 
                on the basis of the ratio of tidal shoreline miles in a 
                coastal State to the tidal shoreline miles of all 
                coastal States.
                    (C) Twenty-five percent of the funds are allocated 
                on the basis of the ratio of population density of the 
                coastal shoreline counties of a coastal State to the 
                population density of all coastal shoreline counties.
            (2) Eligible coastal states.--For purposes of paragraph 
        (1), an eligible coastal State includes--
                    (A) a coastal State that has a coastal management 
                program approved under the Coastal Zone Management Act 
                of 1972 (16 U.S.C. 1451 et seq.); and
                    (B) during the period beginning on the date of the 
                enactment of this Act and ending on December 31, 2018, 
                a coastal State that had, during the period beginning 
                January 1, 2008, and ending on the date of the 
                enactment of this Act, a coastal management program 
                approved as described in subparagraph (A).
            (3) Maximum allocation to states.--Notwithstanding 
        paragraph (1), not more than 10 percent of the total funds 
        distributed under this subsection may be allocated to any 
        single State. Any amount exceeding this limit shall be 
        redistributed among the remaining States according to the 
        formula established under paragraph (1).
            (4) Maximum allocation to certain geographic areas.--
                    (A) In general.--Notwithstanding paragraph (1), 
                each geographic area described in subparagraph (B) may 
                not receive more than 1 percent of the total funds 
                distributed under this subsection. Any amount exceeding 
                this limit shall be redistributed among the remaining 
                States according to the formula established under 
                paragraph (1).
                    (B) Geographic areas described.--The geographic 
                areas described in this subparagraph are the following:
                            (i) American Samoa.
                            (ii) The Commonwealth of the Northern 
                        Mariana Islands.
                            (iii) Guam.
                            (iv) Puerto Rico.
                            (v) The Virgin Islands.
            (5) Requirement to submit plans.--
                    (A) In general.--To be eligible to receive a grant 
                under this subsection, a coastal State shall submit to 
                the Secretary, and the Secretary shall review, a 5-year 
                plan, which shall include the following:
                            (i) A prioritized list of goals the coastal 
                        State intends to achieve during the time period 
                        covered by the 5-year plan.
                            (ii) Identification and general 
                        descriptions of existing State projects or 
                        activities that contribute to realization of 
                        such goals, including a description of the 
                        entities conducting those projects or 
                        activities.
                            (iii) General descriptions of projects or 
                        activities, consistent with the eligible uses 
                        described in section 12005, applicable 
                        provisions of law relating to the environment, 
                        and existing Federal ocean policy, that could 
                        contribute to realization of such goals.
                            (iv) Criteria to determine eligibility for 
                        entities which may receive grants under this 
                        subsection.
                            (v) A description of the competitive 
                        process the coastal State will use in 
                        allocating funds received from the Endowment, 
                        except in the case of allocating funds under 
                        paragraph (7), which shall include--
                                    (I) a description of the relative 
                                roles in the State competitive process 
                                of the State coastal zone management 
                                program approved under the Coastal Zone 
                                Management Act of 1972 (16 U.S.C. 1451 
                                et seq.) and any State Sea Grant 
                                Program; and
                                    (II) a demonstration that such 
                                competitive process is consistent with 
                                the application and review procedures 
                                established by the Foundation under 
                                subsection (a)(1).
                    (B) Updates.--As a condition of receiving a grant 
                under this subsection, a coastal State shall submit to 
                the Secretary, not less frequently than once every 5 
                years, an update to the plan submitted by the coastal 
                State under subparagraph (A) for the 5-year period 
                immediately following the most recent submittal under 
                this paragraph.
            (6) Opportunity for public comment.--In determining whether 
        to approve a plan or an update to a plan described in 
        subparagraph (A) or (B) of paragraph (5), the Secretary shall 
        provide the opportunity for, and take into consideration, 
        public input and comment on the plan.
            (7) Approval procedure.--
                    (A) In general.--Not later than 30 days after the 
                opportunity for public comment on a plan or an update 
                to a plan of a coastal State under paragraph (6), the 
                Secretary shall notify such coastal State that the 
                Secretary--
                            (i) approves the plan as submitted; or
                            (ii) disapproves the plan as submitted.
                    (B) Disapproval.--If the Secretary disapproves a 
                proposed plan or an update of a plan submitted under 
                subparagraph (A) or (B) of paragraph (5), the Secretary 
                shall provide notice of such disapproval to the 
                submitting coastal State in writing, and include in 
                such notice the rationale for the Secretary's decision.
                    (C) Resubmittal.--If the Secretary disapproves a 
                plan of a coastal State under subparagraph (A), the 
                coastal State shall resubmit the plan to the Secretary 
                not later than 30 days after receiving the notice of 
                disapproval under subparagraph (B).
                    (D) Review of resubmittal.--Not later than 60 days 
                after receiving a plan resubmitted under subparagraph 
                (C), the Secretary shall review the plan.
            (8) Indian tribes.--As a condition on receipt of a grant 
        under this subsection, a State that receives a grant under this 
        subsection shall ensure that Indian tribes in the State are 
        eligible to participate in the competitive process described in 
        the State's plan under paragraph (5)(A)(v).
    (c) National Grants for Oceans, Coasts, and Great Lakes.--
            (1) In general.--The Foundation may use amounts allocated 
        under section 12004(e)(2)(B) to award grants according to the 
        procedures established in subsection (a) to support activities 
        consistent with section 12005.
            (2) Advisory panel.--
                    (A) In general.--The Foundation shall establish an 
                advisory panel to conduct reviews of applications for 
                grants under paragraph (1) and the Foundation shall 
                consider the recommendations of the Advisory Panel with 
                respect to such applications.
                    (B) Membership.--The advisory panel established 
                under subparagraph (A) shall include persons 
                representing a balanced and diverse range, as 
                determined by the Foundation, of--
                            (i) ocean, coastal, and Great Lakes 
                        dependent industries;
                            (ii) geographic regions;
                            (iii) nonprofit conservation organizations 
                        with a mission that includes the conservation 
                        and protection of living marine resources and 
                        their habitats; and
                            (iv) academic institutions with strong 
                        scientific or technical credentials and 
                        experience in marine science or policy.

SEC. 12007. ANNUAL REPORT.

    (a) Requirement for Annual Report.--Beginning with fiscal year 
2014, not later than 60 days after the end of each fiscal year, the 
Foundation shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Natural Resources of 
the House of Representatives a report on the operation of the Endowment 
during the fiscal year.
    (b) Content.--Each annual report submitted under subsection (a) for 
a fiscal year shall include--
            (1) a statement of the amounts deposited in the Endowment 
        and the balance remaining in the Endowment at the end of the 
        fiscal year; and
            (2) a description of the expenditures made from the 
        Endowment for the fiscal year, including the purpose of the 
        expenditures.

SEC. 12008. TULSA PORT OF CATOOSA, ROGERS COUNTY, OKLAHOMA LAND 
              EXCHANGE.

    (a) Definitions.--In this section:
            (1) Federal land.--The term ``Federal land'' means the 
        approximately 87 acres of land situated in Rogers County, 
        Oklahoma, contained within United States Tracts 413 and 427, 
        and acquired for the McClellan-Kerr Arkansas Navigation System.
            (2) Non-federal land.--The term ``non-Federal land'' means 
        the approximately 34 acres of land situated in Rogers County, 
        Oklahoma and owned by the Tulsa Port of Catoosa that lie 
        immediately south and east of the Federal land.
    (b) Land Exchange.--Subject to subsection (c), on conveyance by the 
Tulsa Port of Catoosa to the United States of all right, title, and 
interest in and to the non-Federal land, the Secretary shall convey to 
the Tulsa Port of Catoosa, all right, title, and interest of the United 
States in and to the Federal land.
    (c) Conditions.--
            (1) Deeds.--
                    (A) Deed to non-federal land.--The Secretary may 
                only accept conveyance of the non-Federal land by 
                warranty deed, as determined acceptable by the 
                Secretary.
                    (B) Deed to federal land.--The Secretary shall 
                convey the Federal land to the Tulsa Port of Catoosa by 
                quitclaim deed and subject to any reservations, terms, 
                and conditions that the Secretary determines necessary 
                to--
                            (i) allow the United States to operate and 
                        maintain the McClellan-Kerr Arkansas River 
                        Navigation System; and
                            (ii) protect the interests of the United 
                        States.
            (2) Legal descriptions.--The exact acreage and legal 
        descriptions of the Federal land and the non-Federal land shall 
        be determined by surveys acceptable to the Secretary.
            (3) Payment of costs.--The Tulsa Port of Catoosa shall be 
        responsible for all costs associated with the land exchange 
        authorized by this section, including any costs that the 
        Secretary determines necessary and reasonable in the interest 
        of the United States, including surveys, appraisals, real 
        estate transaction fees, administrative costs, and 
        environmental documentation.
            (4) Cash payment.--If the appraised fair market value of 
        the Federal land, as determined by the Secretary, exceeds the 
        appraised fair market value of the non-Federal land, as 
        determined by the Secretary, the Tulsa Port of Catoosa shall 
        make a cash payment to the United States reflecting the 
        difference in the appraised fair market values.
            (5) Liability.--The Tulsa Port of Catoosa shall hold and 
        save the United States free from damages arising from 
        activities carried out under this section, except for damages 
        due to the fault or negligence of the United States or a 
        contractor of the United States.

                       TITLE XIII--MISCELLANEOUS

SEC. 13001. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND 
              COUNTERMEASURE RULE.

    (a) Definitions.--In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Farm.--The term ``farm'' has the meaning given the term 
        in section 112.2 of title 40, Code of Federal Regulations (or 
        successor regulations).
            (3) Gallon.--The term ``gallon'' means a United States 
        liquid gallon.
            (4) Oil.--The term ``oil'' has the meaning given the term 
        in section 112.2 of title 40, Code of Federal Regulations (or 
        successor regulations).
            (5) Oil discharge.--The term ``oil discharge'' has the 
        meaning given the term ``discharge'' in section 112.2 of title 
        40, Code of Federal Regulations (or successor regulations).
            (6) Reportable oil discharge history.--The term 
        ``reportable oil discharge history'' has the meaning used to 
        describe the legal requirement to report a discharge of oil 
        under applicable law.
            (7) Spill prevention, control, and countermeasure rule.--
        The term ``Spill Prevention, Control, and Countermeasure rule'' 
        means the regulation, including amendments, promulgated by the 
        Administrator under part 112 of title 40, Code of Federal 
        Regulations (or successor regulations).
    (b) Certification.--In implementing the Spill Prevention, Control, 
and Countermeasure rule with respect to any farm, the Administrator 
shall--
            (1) require certification of compliance with the rule by--
                    (A) a professional engineer for a farm with--
                            (i) an individual tank with an aboveground 
                        storage capacity greater than 10,000 gallons;
                            (ii) an aggregate aboveground storage 
                        capacity greater than or equal to 20,000 
                        gallons; or
                            (iii) a reportable oil discharge history; 
                        or
                    (B) the owner or operator of the farm (via self-
                certification) for a farm with--
                            (i) an aggregate aboveground storage 
                        capacity not more than 20,000 gallons and not 
                        less than the lesser of--
                                    (I) 6,000 gallons; or
                                    (II) the adjustment described in 
                                subsection (d)(2); and
                            (ii) no reportable oil discharge history of 
                        oil; and
            (2) not require a certification of a statement of 
        compliance with the rule--
                    (A) subject to subsection (d), with an aggregate 
                aboveground storage capacity of not less than 2,500 
                gallons and not more than 6,000 gallons; and
                    (B) no reportable oil discharge history; and
            (3) not require a certification of a statement of 
        compliance with the rule for an aggregate aboveground storage 
        capacity of not more than 2,500 gallons.
    (c) Calculation of Aggregate Aboveground Storage Capacity.--For 
purposes of subsection (b), the aggregate aboveground storage capacity 
of a farm excludes--
            (1) all containers on separate parcels that have a capacity 
        that is 1,000 gallons or less; and
            (2) all containers holding animal feed ingredients approved 
        for use in livestock feed by the Commissioner of Food and 
        Drugs.
    (d) Study.--
            (1) In general.--Not later than 12 months of the date of 
        enactment of this Act, the Administrator, in consultation with 
        the Secretary of Agriculture, shall conduct a study to 
        determine the appropriate exemption under subsection (b)(2)(A) 
        and (b)(1)(B) to not more than 6,000 gallons and not less than 
        2,500 gallons, based on a significant risk of discharge to 
        water.
            (2) Adjustment.--Not later than 18 months after the date on 
        which the study described in paragraph (1) is complete, the 
        Administrator, in consultation with the Secretary of 
        Agriculture, shall promulgate a rule to adjust the exemption 
        levels described in subsection (b)(2)(A) and (b)(1)(B) in 
        accordance with the study.

SEC. 13002. AMERICA THE BEAUTIFUL NATIONAL PARKS AND FEDERAL 
              RECREATIONAL LANDS PASS PROGRAM.

    The Secretary may participate in the America the Beautiful National 
Parks and Federal Recreational Lands Pass program in the same manner as 
the National Park Service, the Bureau of Land Management, the United 
States Fish and Wildlife Service, the Forest Service, and the Bureau of 
Reclamation, including the provision of free annual passes to active 
duty military personnel and dependents.

            Attest:

                                                             Secretary.
113th CONGRESS

  1st Session

                               H.R. 3080

_______________________________________________________________________

                               AMENDMENT
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