IB 

Union Calendar No. 174 

113TH CONGRESS 

1ST SESSION H. R. 3080 

[Report No. 113–246, Part I] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 11, 2013 

Mr. SHUSTER (for himself, Mr. RAHALL, Mr. GIBBS, and Mr. BISHOP of New 

York) introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure, and in addition to the Committees 

on the Budget, Ways and Means, and Natural Resources, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

OCTOBER 21, 2013 

Additional sponsors: Mr. PETRI, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. 

COBLE, Mr. LIPINSKI, Mr. DUNCAN of Tennessee, Mr. GARAMENDI, Mr. 

MICA, Mr. NOLAN, Mr. LOBIONDO, Ms. ESTY, Mrs. CAPITO, Mrs. MILLER of Michigan, Mr. HUNTER, Mr. BARLETTA, Mr. FARENTHOLD, Mr. 

BUCSHON, Mr. MEEHAN, Mr. HANNA, Mr. WEBSTER of Florida, Mr. 

DENHAM, Mr. RIBBLE, Mr. RICE of South Carolina, Mr. MULLIN, Mr. 

WILLIAMS, Mr. RADEL, Mr. RODNEY DAVIS of Illinois, Mr. CRAMER, Mr. 

CRAWFORD, Mr. DEFAZIO, Mr. MASSIE, Mr. CUMMINGS, Mr. MEADOWS, 

Mr. MICHAUD, Mr. PERRY, Mr. BERA of California, Mr. BRADY of Pennsylvania, Mr. GRIMM, Mr. KINGSTON, Ms. MATSUI, Mr. MCKINLEY, Mrs. 

NEGRETE MCLEOD, Mr. ROTHFUS, Mr. WEBER of Texas, and Mr. 

WHITFIELD


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OCTOBER 21, 2013 

Reported from the Committee on Transportation and Infrastructure with an 

amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

OCTOBER 21, 2013 

The Committees on the Budget, Ways and Means, and Natural Resources discharged; committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on September 11, 2013] 

A BILL 

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. 


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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—PROGRAM REFORMS AND STREAMLINING 

Sec. 101. Vertical integration and acceleration of studies. 

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

Sec. 103. Environmental streamlining. 

Sec. 104. Consolidation of studies. 

Sec. 105. Removal of duplicative analyses. 

Sec. 106. Expediting approval of modifications and alterations of projects by 

non-Federal interests. 

Sec. 107. Construction of projects by non-Federal interests. 

Sec. 108. Contributions by non-Federal interests. 

Sec. 109. Contributions by non-Federal interests for management of Corps of Engineers inland navigation facilities. 

Sec. 110. Additional contributions by non-Federal interests. 

Sec. 111. Clarification of impacts to other Federal facilities. 

Sec. 112. Clarification of previously authorized work. 

Sec. 113. Tribal partnership program. 

Sec. 114. Technical corrections. 

Sec. 115. Water infrastructure public-private partnership pilot program. 

Sec. 116. Annual report to Congress. 

Sec. 117. Actions to be taken in conjunction with the President’s annual budget 

submission to Congress. 

Sec. 118. Hurricane and storm damage reduction study. 

Sec. 119. Non-Federal plans to provide additional flood risk reduction. 

Sec. 120. Review of emergency response authorities. 

Sec. 121. Emergency communication of risk. 

Sec. 122. Improvements to the National Dam Safety Program Act. 

Sec. 123. Restricted areas at Corps of Engineers dams. 

Sec. 124. Levee safety. 

Sec. 125. Vegetation on levees. 

Sec. 126. Reduction of Federal costs. 

Sec. 127. Advanced modeling technologies. 

Sec. 128. Enhanced use of electronic commerce in Federal procurement. 

Sec. 129. Corrosion prevention. 

Sec. 130. Resilient construction and use of innovative materials. 

Sec. 131. Assessment of water supply in arid regions. 

Sec. 132. River basin commissions. 


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Sec. 133. Sense of Congress regarding water resources development bills. 

Sec. 134. Donald G. Waldon Lock and Dam. 

Sec. 135. Aquatic invasive species. 

Sec. 136. Recreational access. 

Sec. 137. Territories of the United States. 

Sec. 138. Sense of Congress regarding interstate water agreements and compacts. 

TITLE II—NAVIGATION IMPROVEMENTS 

Subtitle A—Ports 

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

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

Sec. 203. Preserving United States harbors. 

Sec. 204. Consolidation of deep draft navigation expertise. 

Sec. 205. Disposal sites. 

Subtitle B—Inland Waterways 

Sec. 211. Definitions. 

Sec. 212. Project delivery process reforms. 

Sec. 213. Efficiency of revenue collection. 

Sec. 214. Inland waterways revenue studies. 

Sec. 215. Inland waterways stakeholder roundtable. 

Sec. 216. Preserving the Inland Waterway Trust Fund. 

Sec. 217. Public comment on lock operations. 

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

Sec. 219. Upper Mississippi River protection. 

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

TITLE III—DEAUTHORIZATIONS AND BACKLOG PREVENTION 

Sec. 301. Deauthorization of inactive projects. 

Sec. 302. Review of Corps of Engineers assets. 

Sec. 303. Backlog prevention. 

Sec. 304. Deauthorizations. 

Sec. 305. Land conveyances. 

TITLE IV—WATER RESOURCES INFRASTRUCTURE 

Sec. 401. Authorization of final feasibility studies. 

Sec. 402. Project modifications. 

1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Secretary 

3 of the Army. 


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1 TITLE I—PROGRAM REFORMS 

2 AND STREAMLINING 

3 SEC. 101. VERTICAL INTEGRATION AND ACCELERATION OF 

4 STUDIES. 

5 (a) IN GENERAL.—To the extent practicable, a feasi6 bility study initiated by the Secretary, after the date of en7 actment of this Act, under section 905(a) of the Water Re8 sources Development Act of 1986 (33 U.S.C. 2282(a)) 

9 shall— 

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

11 report not later than 3 years after the date of initi12 ation; 

13 (2) have a maximum Federal cost of $3,000,000; 

14 and 

15 (3) ensure that personnel from the district, divi16 sion, and headquarters levels of the Corps of Engi17 neers concurrently conduct the review required under 

18 that section. 

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

20 feasibility study described in subsection (a) will not be con21 ducted in accordance with subsection (a), the Secretary, not 

22 later than 30 days after the date of making the determina23 tion, shall— 

24 (1) prepare an updated feasibility study schedule 

25 and cost estimate; 


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1 (2) notify the non-Federal feasibility cost shar2 ing partner that the feasibility study has been de3 layed; and 

4 (3) provide written notice to the Committee on 

5 Transportation and Infrastructure of the House of 

6 Representatives and the Committee on Environment 

7 and Public Works of the Senate as to the reasons the 

8 requirements of subsection (a) are not attainable. 

9 (c) TERMINATION OF AUTHORIZATION.—A feasibility 

10 study for which the Secretary has issued a determination 

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

12 of the 1-year period beginning on the date of the determina13 tion if the Secretary has not completed the study on or be14 fore such last day. 

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

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

17 Committee on Transportation and Infrastructure of the 

18 House of Representatives and the Committee on Environ19 ment and Public Works of the Senate a report that de20 scribes— 

21 (1) the status of the implementation of this sec22 tion, including a description of each feasibility study 

23 subject to the requirements of this section; 

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

25 such feasibility study; and 


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1 (3) any recommendations for additional author2 ity necessary to support efforts to expedite the feasi3 bility study process, including an analysis of whether 

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

5 to be adjusted to address the impacts of inflation. 

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

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

8 a project, the Secretary shall— 

9 (1) take all steps necessary to initiate the feder10 ally mandated reviews that the Secretary is required 

11 to complete as part of the study, including environ12 mental reviews; 

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

14 State agencies identified under section 2045(d) of the 

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

16 2348(d)), as amended by this Act, and that may be 

17 required by law to conduct or issue a review, anal18 ysis, or opinion on or to make a determination con19 cerning a permit or license for the study; 

20 (3) provide the agencies referred to in paragraph 

21 (2) with all relevant information related to the scope 

22 and potential impacts of the project, including envi23 ronmental impacts; and 

24 (4) take all steps necessary to provide informa25 tion that will enable required reviews and analyses 


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1 related to the project to be conducted by other agencies 

2 in a thorough and timely manner. 

3 SEC. 102. EXPEDITING THE EVALUATION AND PROCESSING 

4 OF PERMITS. 

5 Section 214 of the Water Resources Development Act 

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

7 (1) in subsection (a)— 

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

9 (as defined in section 1262 of the Public Utility 

10 Holding Company Act of 2005 (42 U.S.C. 

11 16451))’’ after ‘‘non-Federal public entity’’; 

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

13 entity’’; and 

14 (C) by adding at the end the following: ‘‘To 

15 the maximum extent practicable, the Secretary 

16 shall ensure that expediting the evaluation of a 

17 permit through the use of funds accepted and ex18 pended under this section does not adversely af19 fect the timeline for evaluation (in the Corps dis20 trict in which the project or activity is located) 

21 of permits under the jurisdiction of the Depart22 ment of the Army of other entities that have not 

23 contributed funds under this section.’’; and 

24 (2) by striking subsection (e). 


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1 SEC. 103. ENVIRONMENTAL STREAMLINING. 

2 (a) DECLARATION OF POLICY.— 

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

4 (A) the benefits of water resources projects 

5 are important to the Nation’s economy and envi6 ronment; 

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

8 the delivery of water resources projects; 

9 (C) it is in the national interest for Federal 

10 and State agencies, local governments, Indian 

11 tribes, and other entities involved in water re12 sources projects— 

13 (i) to accelerate study completion and 

14 project delivery and to reduce costs; and 

15 (ii) to ensure that the planning, de16 sign, engineering, construction, and funding 

17 of water resources projects is done in an ef18 ficient and effective manner, promoting ac19 countability for public investments and en20 couraging greater local and private sector 

21 involvement in project financing and deliv22 ery while addressing public safety and pro23 tecting the environment; and 

24 (D) delay in the delivery of water resources 

25 studies and projects— 


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1 (i) increases project costs, flood risks, 

2 and local and Federal expenditures for 

3 emergency management and recovery; 

4 (ii) harms the economy of the United 

5 States; and 

6 (iii) impedes the shipment of goods for 

7 the conduct of commerce. 

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

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

10 that— 

11 (A) recommendations to Congress regarding 

12 such projects should be accelerated by coordi13 nated and efficient environmental reviews and 

14 cooperative efforts to quickly resolve disputes 

15 during the development of water resources 

16 projects; 

17 (B) the Secretary shall have the lead role 

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

20 projects; 

21 (C) each Federal agency shall cooperate 

22 with the Secretary to expedite the environmental 

23 review process for water resources projects; 

24 (D) programmatic approaches shall be used 

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1 project reviews and decisions by Federal agen2 cies; 

3 (E) the Secretary shall identify opportuni4 ties for non-Federal sponsors to assume respon5 sibilities of the Secretary if such responsibilities 

6 can be assumed in a manner that protects public 

7 health and safety, the environment, and public 

8 participation; and 

9 (F) the Assistant Secretary of the Army for 

10 Civil Works shall identify and promote the de11 ployment of innovations aimed at reducing the 

12 time and money required to deliver water re13 sources projects while protecting the environ14 ment. 

15 (b) STREAMLINED PROJECT DELIVERY.— 

16 (1) IN GENERAL.—Section 2045 of the Water Re17 sources Development Act of 2007 (33 U.S.C. 2348) is 

18 amended to read as follows: 

19 ‘‘SEC. 2045. STREAMLINED PROJECT DELIVERY. 

20 ‘‘(a) DEFINITIONS.—In this section, the following defi21 nitions apply: 

22 ‘‘(1) ENVIRONMENTAL IMPACT STATEMENT.—The 

23 term ‘environmental impact statement’ means the de24 tailed statement of environmental impacts required to 


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1 be prepared pursuant to the National Environmental 

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

3 ‘‘(2) ENVIRONMENTAL REVIEW PROCESS.— 

4 ‘‘(A) IN GENERAL.—The term ‘environ5 mental review process’ means the process of pre6 paring an environmental impact statement, en7 vironmental assessment, categorical exclusion, or 

8 other document under the National Environ9 mental Policy Act of 1969 (42 U.S.C. 4321 et 

10 seq.) for a project study. 

11 ‘‘(B) INCLUSIONS.—The term ‘environ12 mental review process’ includes the process for 

13 and completion of any environmental permit, 

14 approval, review, or study required for a project 

15 study under any Federal law other than the Na16 tional Environmental Policy Act of 1969 (42 

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

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

19 term ‘Federal jurisdictional agency’ means a Federal 

20 agency with jurisdiction over a review, analysis, 

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

22 or decision required for a project study under appli23 cable Federal laws, including regulations. 

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

25 Corps of Engineers water resources project. 


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

2 sponsor’ means the non-Federal interest as defined in 

3 section 221(b) of the Flood Control Act of 1970 (42 

4 U.S.C. 1962d–5b). 

5 ‘‘(6) PROJECT STUDY.—The term ‘project study’ 

6 means a feasibility study for a project carried out 

7 pursuant to section 905 of the Water Resources Devel8 opment Act of 1986 (33 U.S.C. 2282). 

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

10 are applicable to all project studies initiated after the date 

11 of enactment of the Water Resources Reform and Develop12 ment Act of 2013 and for which an environmental impact 

13 statement is prepared under the National Environmental 

14 Policy Act of 1969 (42 U.S.C. 4321 et seq.) and may be 

15 applied, to the extent determined appropriate by the Sec16 retary, to other project studies initiated after such date of 

17 enactment and for which an environmental review process 

18 document is prepared under such Act. 

19 ‘‘(c) LEAD AGENCIES.— 

20 ‘‘(1) FEDERAL LEAD AGENCY.—The Corps of En21 gineers shall be the Federal lead agency in the envi22 ronmental review process for a project study. 

23 ‘‘(2) NON-FEDERAL PROJECT SPONSOR AS JOINT

24 LEAD AGENCY.—At the discretion of the Secretary and 

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1 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

2 a non-Federal project sponsor that is an agency de3 fined in subsection (a)— 

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

5 the Corps of Engineers for purposes of preparing 

6 any environmental review process document 

7 under the National Environmental Policy Act of 

8 1969 (42 U.S.C. 4321 et seq.); and 

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

10 such environmental review process document re11 quired under the National Environmental Policy 

12 Act of 1969 if the Secretary provides guidance in 

13 the preparation process, participates in pre14 paring the document, independently evaluates 

15 that document, and approves and adopts the doc16 ument before the Secretary takes any subsequent 

17 action or makes any approval based on that doc18 ument. 

19 ‘‘(3) ADOPTION AND USE OF DOCUMENTS.—Any 

20 environmental review process document prepared in 

21 accordance with this subsection shall be adopted and 

22 used by any Federal agency in making any approval 

23 of a project subject to this section as the document re24 quired to be completed under the National Environ25 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to 


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1 the same extent that the Federal agency may adopt 

2 or use a document prepared by another Federal agen3 cy under the National Environmental Policy Act of 

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

5 ‘‘(4) ROLES AND RESPONSIBILITY OF FEDERAL

6 LEAD AGENCY.—With respect to the environmental re7 view process for any project, the Federal lead agency 

8 shall have authority and responsibility— 

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

10 and proper, within the authority of the Federal 

11 lead agency, to facilitate the expeditious resolu12 tion of the environmental review process for the 

13 project study; and 

14 ‘‘(B) to prepare or ensure that any required 

15 environmental impact statement or other docu16 ment for a project study required to be completed 

17 under the National Environmental Policy Act of 

18 1969 (42 U.S.C. 4321 et seq.) is completed in ac19 cordance with this section and applicable Fed20 eral law. 

21 ‘‘(d) PARTICIPATING AND COOPERATING AGENCIES.— 

22 ‘‘(1) IDENTIFICATION.—The Federal lead agency 

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1 eral or State agency, local government, or Indian 

2 tribe that may— 

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

4 ‘‘(B) be required by law to conduct or issue 

5 a review, analysis, opinion, or statement for the 

6 project study; or 

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

8 on issuing a permit, license, or other approval or 

9 decision for the project study. 

10 ‘‘(2) INVITATION.— 

11 ‘‘(A) IN GENERAL.—The Federal lead agen12 cy shall invite any such agency identified under 

13 paragraph (1) to become a participating or co14 operating agency in the environmental review 

15 process for the project study. 

16 ‘‘(B) DEADLINE.—An invitation to partici17 pate issued under subparagraph (A) shall estab18 lish a deadline by which a response to the invita19 tion shall be submitted, which may be extended 

20 by the Federal lead agency for good cause. 

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

22 Federal agency that is invited by the Federal lead 

23 agency to participate in the environmental review 

24 process for a project study shall be designated as a co25 operating agency by the Federal lead agency unless 


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1 the invited agency informs the Federal lead agency, 

2 in writing, by the deadline specified in the invitation 

3 that the invited agency— 

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

5 respect to the project; 

6 ‘‘(B) has no expertise or information rel7 evant to the project study; and 

8 ‘‘(C) does not intend to submit comments on 

9 the project study. 

10 ‘‘(4) EFFECT OF DESIGNATION.— 

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

12 cooperating agency shall comply with the re13 quirements of this section and any schedule es14 tablished under this section. 

15 ‘‘(B) IMPLICATION.—Designation under this 

16 subsection shall not imply that the participating 

17 or cooperating agency— 

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

19 ‘‘(ii) has any jurisdiction over, or spe20 cial expertise with respect to evaluation of, 

21 the project. 

22 ‘‘(5) CONCURRENT REVIEWS.—Each partici23 pating or cooperating agency shall— 

24 ‘‘(A) carry out the obligations of that agen25 cy under other applicable law concurrently and 


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1 in conjunction with the required environmental 

2 review process unless doing so would prevent 

3 such agency from conducting needed analysis or 

4 otherwise carrying out their obligations under 

5 those other laws; and 

6 ‘‘(B) formulate and implement administra7 tive, policy, and procedural mechanisms to en8 able the agency to ensure completion of the envi9 ronmental review process in a timely, coordi10 nated, and environmentally responsible manner. 

11 ‘‘(e) PROGRAMMATIC COMPLIANCE.— 

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

13 guidance regarding the use of programmatic ap14 proaches to carry out the environmental review proc15 ess that— 

16 ‘‘(A) eliminates repetitive discussions of the 

17 same issues; 

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

19 analyses at each level of review; 

20 ‘‘(C) establishes a formal process for coordi21 nating with participating and cooperating agen22 cies, including the creation of a list of all data 

23 that is needed to carry out the environmental re24 view process; and 

25 ‘‘(D) complies with— 


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1 ‘‘(i) the National Environmental Pol2 icy Act of 1969 (42 U.S.C. 4321 et seq.); 

3 and 

4 ‘‘(ii) all other applicable laws. 

5 ‘‘(2) REQUIREMENTS.—In carrying out para6 graph (1), the Secretary shall— 

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

8 under that paragraph, consult with relevant Fed9 eral and State agencies, local governments, In10 dian tribes, and the public on the use and scope 

11 of the programmatic approaches; 

12 ‘‘(B) emphasize the importance of collabora13 tion among relevant Federal agencies, State 

14 agencies, local governments, and Indian tribes in 

15 undertaking programmatic reviews, especially 

16 with respect to reviews with a broad geo17 graphical scope; 

18 ‘‘(C) ensure that the programmatic re19 views— 

20 ‘‘(i) promote transparency, including 

21 of the analyses and data used in the envi22 ronmental review process, the treatment of 

23 any deferred issues raised by a Federal or 

24 State agency, local government, Indian 

25 tribe, or the public, and the temporal and 


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1 special scales to be used to analyze those 

2 issues; 

3 ‘‘(ii) use accurate and timely informa4 tion in the environmental review process, 

5 including— 

6 ‘‘(I) criteria for determining the 

7 general duration of the usefulness of 

8 the review; and 

9 ‘‘(II) the timeline for updating 

10 any out-of-date review; 

11 ‘‘(iii) describe— 

12 ‘‘(I) the relationship between pro13 grammatic analysis and future tiered 

14 analysis; and 

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

16 creation of future tiered analysis; and 

17 ‘‘(iv) are available to other relevant 

18 Federal and State agencies, local govern19 ments, Indian tribes, and the public; 

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

21 notice and comment on any proposed guidance; 

22 and 

23 ‘‘(E) address any comments received under 

24 subparagraph (D). 

25 ‘‘(f) COORDINATED REVIEWS.— 


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1 ‘‘(1) COORDINATION PLAN.— 

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

3 agency, after consultation with each partici4 pating and cooperating agency and the non-Fed5 eral project sponsor or joint lead agency, as ap6 plicable, shall establish a plan for coordinating 

7 public and agency participation in and com8 ment on the environmental review process for a 

9 project study. 

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

11 plan established under subparagraph (A), the 

12 Federal lead agency shall take under consider13 ation the scheduling requirements under section 

14 101 of the Water Resources Reform and Develop15 ment Act of 2013. 

16 ‘‘(2) SCHEDULE.— 

17 ‘‘(A) IN GENERAL.—The Federal lead agen18 cy, after consultation with each participating 

19 and cooperating agency and the non-Federal 

20 project sponsor or joint lead agency, as applica21 ble, shall establish, as part of the coordination 

22 plan established in paragraph (1)(A), a schedule 

23 for completion of the environmental review proc24 ess for the project study. In developing the sched25 ule, the Federal lead agency shall take under 


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1 consideration the scheduling requirements under 

2 section 101 of the Water Resources Reform and 

3 Development Act of 2013. 

4 ‘‘(B) FACTORS FOR CONSIDERATION.—In es5 tablishing the schedule, the Federal lead agency 

6 shall consider factors such as— 

7 ‘‘(i) the responsibilities of partici8 pating and cooperating agencies under ap9 plicable laws; 

10 ‘‘(ii) the resources available to the par11 ticipating and cooperating agencies and the 

12 non-Federal project sponsor or joint lead 

13 agency, as applicable; 

14 ‘‘(iii) the overall size and complexity of 

15 the project; 

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

17 of the project; and 

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

19 historic resources that may be affected by 

20 the project. 

21 ‘‘(C) CONSISTENCY WITH OTHER TIME PERI22 ODS.—A schedule under subparagraph (A) shall 

23 be consistent with any other relevant time peri24 ods established under Federal law. 


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

2 agency may— 

3 ‘‘(i) lengthen a schedule established 

4 under subparagraph (A) for good cause; or 

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

6 concurrence of the affected participating 

7 and cooperating agencies and the non-Fed8 eral project sponsor or joint lead agency, as 

9 applicable. 

10 ‘‘(E) DISSEMINATION.—A copy of a sched11 ule established under subparagraph (A) shall 

12 be— 

13 ‘‘(i) provided to each participating 

14 and cooperating agency and the non-Fed15 eral project sponsor or joint lead agency, as 

16 applicable; and 

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

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

19 agency shall establish the following deadlines for com20 ment during the environmental review process for a 

21 project study: 

22 ‘‘(A) DRAFT ENVIRONMENTAL IMPACT

23 STATEMENTS.—For comments by agencies and 

24 the public on a draft environmental impact 

25 statement, a period of not more than 60 days 


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1 after such document is made publicly available, 

2 unless— 

3 ‘‘(i) a different deadline is established 

4 by agreement of the Federal lead agency, all 

5 participating and cooperating agencies, and 

6 the non-Federal project sponsor or joint lead 

7 agency, as applicable; or 

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

9 Federal lead agency for good cause. 

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

11 other comment periods established by the Federal 

12 lead agency for agency or public comments in 

13 the environmental review process, a period of not 

14 more than 30 days after the date on which the 

15 materials for which comment is requested are 

16 made available, unless— 

17 ‘‘(i) a different deadline is established 

18 by agreement of the Federal lead agency, all 

19 participating and cooperating agencies, and 

20 the non-Federal project sponsor or joint lead 

21 agency, as applicable; or 

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

23 Federal lead agency for good cause. 

24 ‘‘(4) DEADLINES FOR DECISIONS UNDER OTHER

25 LAWS.— 


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

2 participating or cooperating agency is required 

3 to make a determination regarding or otherwise 

4 approve or disapprove the project study prior to 

5 the record of decision or finding of no significant 

6 impact, such participating or cooperating agen7 cy shall make such determination or approval 

8 not later than 30 days after the Federal lead 

9 agency publishes notice of the availability of a 

10 final environmental impact statement or other 

11 final environmental document, or not later than 

12 such other date that is otherwise required by law, 

13 whichever occurs first. 

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

15 any determination or approval of a partici16 pating or cooperating agency that is not subject 

17 to subparagraph (A), each participating or co18 operating agency shall make any required deter19 mination or otherwise approve or disapprove the 

20 project study not later than 90 days after the 

21 date that the Federal lead agency approves the 

22 record of decision or finding of no significant 

23 impact for the project study, or not later than 

24 such other date that is otherwise required by law, 

25 whichever occurs first. 


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

2 any participating or cooperating agency fails to 

3 make a determination or approve or disapprove 

4 the project study within the applicable deadline 

5 described in subparagraph (A), the Federal lead 

6 agency may close the record and find the record 

7 sufficient for the project study as it relates to 

8 such agency determination or approval. 

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

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

11 and participating and cooperating agencies shall 

12 work cooperatively in accordance with this section to 

13 identify and resolve issues that may delay completion 

14 of the environmental review process or result in the 

15 denial of any approval required for the project study 

16 under applicable laws. 

17 ‘‘(2) FEDERAL LEAD AGENCY RESPONSIBIL18 ITIES.— 

19 ‘‘(A) IN GENERAL.—The Federal lead agen20 cy shall make information available to the par21 ticipating and cooperating agencies as early as 

22 practicable in the environmental review process 

23 regarding the environmental and socioeconomic 

24 resources located within the project area and the 


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1 general locations of the alternatives under con2 sideration. 

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

4 under subparagraph (A) may be based on exist5 ing data sources, including geographic informa6 tion systems mapping. 

7 ‘‘(3) PARTICIPATING AND COOPERATING AGENCY

8 RESPONSIBILITIES.—Based on information received 

9 from the Federal lead agency, participating and co10 operating agencies shall identify, as early as prac11 ticable, any issues of concern regarding the potential 

12 environmental or socioeconomic impacts of the 

13 project, including any issues that may substantially 

14 delay or prevent an agency from granting a permit 

15 or other approval that is needed for the project study. 

16 ‘‘(4) ACCELERATED ISSUE RESOLUTION AND

17 ELEVATION.— 

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

19 participating or cooperating agency or non-Fed20 eral project sponsor, the Secretary shall convene 

21 an issue resolution meeting with the relevant 

22 participating and cooperating agencies and the 

23 non-Federal project sponsor or joint lead agency, 

24 as applicable, to resolve issues that may— 


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1 ‘‘(i) delay completion of the environ2 mental review process; or 

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

4 required for the project study under appli5 cable laws. 

6 ‘‘(B) MEETING DATE.—A meeting requested 

7 under this paragraph shall be held not later than 

8 21 days after the date on which the Secretary re9 ceives the request for the meeting, unless the Sec10 retary determines that there is good cause to ex11 tend that deadline. 

12 ‘‘(C) NOTIFICATION.—Upon receipt of a re13 quest for a meeting under this paragraph, the 

14 Secretary shall notify all relevant participating 

15 and cooperating agencies of the request, includ16 ing the issue to be resolved and the date for the 

17 meeting. 

18 ‘‘(D) ELEVATION OF ISSUE RESOLUTION.— 

19 If a resolution cannot be achieved within 30 

20 days after a meeting under this paragraph and 

21 a determination is made by the Secretary that 

22 all information necessary to resolve the issue has 

23 been obtained, the Secretary shall forward the 

24 dispute to the heads of the relevant agencies for 

25 resolution. 


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1 ‘‘(E) CONVENTION BY SECRETARY.—The 

2 Secretary may convene an issue resolution meet3 ing under this subsection at any time, at the dis4 cretion of the Secretary, regardless of whether a 

5 meeting is requested under subparagraph (A). 

6 ‘‘(h) STREAMLINED DOCUMENTATION AND DECISION7 MAKING.— 

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

9 the environmental review process for a project study, 

10 in order to reduce paperwork and expedite decision11 making, shall prepare a condensed final environ12 mental impact statement under the National Envi13 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

14 seq.). 

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

16 environmental impact statement for a project study 

17 in the environmental review process shall consist only 

18 of— 

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

20 draft environmental impact statement; 

21 ‘‘(B) any updates to specific pages or sec22 tions of the draft environmental impact state23 ment as appropriate; and 


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1 ‘‘(C) responses to comments on the draft en2 vironmental impact statement and copies of the 

3 comments. 

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

5 any other provision of law, in conducting the envi6 ronmental review process for a project study, the Fed7 eral lead agency shall combine a final environmental 

8 impact statement and a record of decision for the 

9 project study into a single document if— 

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

11 of decision is either a preferred alternative iden12 tified in the draft environmental impact state13 ment or is a modification of such preferred alter14 native developed in response to comments on the 

15 draft environmental impact statement; and 

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

17 commitment from parties responsible for imple18 mentation of the measures applicable to the ap19 proved alternative that are identified in the final 

20 environmental impact statement that they will 

21 implement those measures. 

22 ‘‘(i) LIMITATIONS.—Nothing in this section shall pre23 empt or interfere with— 

24 ‘‘(1) any practice of seeking, considering, or re25 sponding to public comment; or 


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

2 authority that a Federal or State agency, local gov3 ernment, Indian tribe, or non-Federal project sponsor 

4 has with respect to carrying out a project study or 

5 any other provision of law applicable to a project. 

6 ‘‘(j) TIMING OF CLAIMS.— 

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

8 provision of law, a claim arising under Federal law 

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

10 approval issued by a Federal agency for a project 

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

12 150 days after publication of a notice in the Federal 

13 Register announcing that the permit, license, or other 

14 approval is final pursuant to the law under which the 

15 agency action is taken, unless a shorter time is speci16 fied in the Federal law which allows judicial review. 

17 Nothing in this subsection shall create a right to judi18 cial review or place any limit on filing a claim that 

19 a person has violated the terms of a permit, license, 

20 or other approval. 

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

22 consider new information received after the close of a 

23 comment period if the information satisfies the re24 quirements for a supplemental environmental impact 

25 statement under title 40, Code of Federal Regulations. 


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1 The preparation of a supplemental environmental im2 pact statement or other environmental document 

3 when required by this section shall be considered a 

4 separate final agency action and the deadline for fil5 ing a claim for judicial review of such action shall 

6 be 150 days after the date of publication of a notice 

7 in the Federal Register announcing such action. 

8 ‘‘(k) CATEGORICAL EXCLUSIONS.— 

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

10 after the date of enactment of this subsection, the Sec11 retary shall— 

12 ‘‘(A) survey the use by the Corps of Engi13 neers of categorical exclusions in projects; 

14 ‘‘(B) publish a review of the survey that in15 cludes a description of— 

16 ‘‘(i) the types of actions that were cat17 egorically excluded or may be the basis for 

18 developing a new categorical exclusion; and 

19 ‘‘(ii) any requests previously received 

20 by the Secretary for new categorical exclu21 sions; and 

22 ‘‘(C) solicit requests from other Federal 

23 agencies and non-Federal project sponsors for 

24 new categorical exclusions. 


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1 ‘‘(2) NEW CATEGORICAL EXCLUSIONS.—Not later 

2 than 1 year after the date of enactment of this sub3 section, if the Secretary identifies, based on the review 

4 under paragraph (1), a category of activities that 

5 merit establishing a categorical exclusion not in exist6 ence on the day before the date of enactment of this 

7 subsection, the Secretary shall publish a notice of pro8 posed rulemaking to propose that new categorical ex9 clusion, to the extent that the categorical exclusion 

10 meets the criteria for a categorical exclusion under 

11 section 1508.4 of title 40, Code of Federal Regulations 

12 (or successor regulation). 

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

14 shall prepare guidance documents that describe the proc15 esses that the Secretary will use to implement this section.’’. 

16 (2) CLERICAL AMENDMENT.—The table of con17 tents contained in section 1(b) of the Water Resources 

18 Development Act of 2007 is amended by striking the 

19 item relating to section 2045 and inserting the fol20 lowing: 

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

21 (c) CATEGORICAL EXCLUSION IN EMERGENCIES.—For 

22 the repair, reconstruction, or rehabilitation of a water re23 sources project that is in operation or under construction 

24 when damaged by an event or incident that results in a 

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1 gency pursuant to the Robert T. Stafford Disaster Relief 

2 and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the 

3 Secretary shall treat such repair, reconstruction, or reha4 bilitation activity as a class of action categorically excluded 

5 from the requirements relating to environmental assess6 ments or environmental impact statements under section 

7 1508.4 of title 40, Code of Federal Regulations, if such re8 pair or reconstruction activity is in the same location with 

9 the same capacity, dimensions, and design as the original 

10 water resources project as before the declaration described 

11 in this section. 

12 SEC. 104. CONSOLIDATION OF STUDIES. 

13 (a) IN GENERAL.— 

14 (1) REPEAL.—Section 905(b) of the Water Re15 sources Development Act of 1986 (33 U.S.C. 2282(b)) 

16 is repealed. 

17 (2) CONFORMING AMENDMENT.—Section 

18 905(a)(1) of such Act (33 U.S.C. 2282(a)(1)) is 

19 amended by striking ‘‘perform a reconnaissance study 

20 and’’. 

21 (b) CONTENTS OF FEASIBILITY REPORTS.—Section 

22 905(a)(2) of such Act (33 U.S.C. 2282(a)(2)) is amended 

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

24 shall include a preliminary analysis of the Federal interest 


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

2 project.’’. 

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

4 carry out a study for which a reconnaissance level inves5 tigation has been initiated before the date of enactment of 

6 this Act as if this section, including the amendments made 

7 by this section, had not been enacted. 

8 SEC. 105. REMOVAL OF DUPLICATIVE ANALYSES. 

9 Section 911 of the Water Resources Development Act 

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

11 SEC. 106. EXPEDITING APPROVAL OF MODIFICATIONS AND 

12 ALTERATIONS OF PROJECTS BY NON-FED13 ERAL INTERESTS. 

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

15 of enactment of this Act, the Secretary, after providing no16 tice and an opportunity for comment, shall establish a proc17 ess for the review of section 14 applications in a timely 

18 and consistent manner. 

19 (b) SECTION 14 APPLICATION DEFINED.—In this sec20 tion, the term ‘‘section 14 application’’ means an applica21 tion submitted by an applicant to the Secretary requesting 

22 permission for the temporary occupation or use of a public 

23 work, or the alteration or permanent occupation or use of 

24 a public work, under section 14 of the Act entitled ‘‘An Act 

25 making appropriations for the construction, repair, and 


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1 preservation of certain public works on rivers and harbors, 

2 and for other purposes’’, approved March 3, 1899 (com3 monly known as the ‘‘Rivers and Harbors Appropriation 

4 Act of 1899’’) (33 U.S.C. 408). 

5 (c) BENCHMARK GOALS.— 

6 (1) ESTABLISHMENT OF BENCHMARK GOALS.— 

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

8 (A) establish benchmark goals for deter9 mining the amount of time it should take the 

10 Secretary to determine whether a section 14 ap11 plication is complete; 

12 (B) establish benchmark goals for deter13 mining the amount of time it should take the 

14 Secretary to approve or disapprove a section 14 

15 application; and 

16 (C) to the extent practicable, use such 

17 benchmark goals to make a decision on section 

18 14 applications in a timely and consistent man19 ner. 

20 (2) BENCHMARK GOALS.— 

21 (A) BENCHMARK GOALS FOR DETERMINING

22 WHETHER SECTION 14 APPLICATIONS ARE COM23 PLETE.—To the extent practicable, the bench24 mark goals established under paragraph (1) shall 

25 provide that— 


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1 (i) the Secretary reach a decision on 

2 whether a section 14 application is complete 

3 not later than 15 days after the date of re4 ceipt of the application; and 

5 (ii) if the Secretary determines that a 

6 section 14 application is not complete, the 

7 Secretary promptly notify the applicant of 

8 the specific information that is missing or 

9 the analysis that is needed to complete the 

10 application. 

11 (B) BENCHMARK GOALS FOR REVIEWING

12 COMPLETED APPLICATIONS.—To the extent prac13 ticable, the benchmark goals established under 

14 paragraph (1) shall provide that— 

15 (i) the Secretary generally approve or 

16 disapprove a completed section 14 applica17 tion not later than 45 days after the date 

18 of receipt of the completed application; and 

19 (ii) in a case in which the Secretary 

20 determines that additional time is needed to 

21 review a completed section 14 application 

22 due to the type, size, cost, complexity, or 

23 impacts of the actions proposed in the ap24 plication, the Secretary approve or dis25 approve the application not later than 180 


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1 days after the date of receipt of the com2 pleted application. 

3 (3) NOTICE.—In any case in which the Sec4 retary determines that it will take the Secretary more 

5 than 45 days to review a completed section 14 appli6 cation, the Secretary shall— 

7 (A) provide written notification to the ap8 plicant; and 

9 (B) include in the written notice a best esti10 mate of the Secretary as to the amount of time 

11 required for completion of the review. 

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

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

14 a section 14 application in accordance with the process es15 tablished under this section, the Secretary shall provide 

16 written notice to the applicant, including a detailed de17 scription of— 

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

19 in accordance with such process; 

20 (2) the additional actions required before the 

21 Secretary will issue a decision; and 

22 (3) the amount of time the Secretary will require 

23 to issue a decision. 

24 (e) NOTIFICATION.— 


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1 (1) SUBMISSION TO CONGRESS.—The Secretary 

2 shall provide a copy of any written notice provided 

3 under subsection (d) to the Committee on Transpor4 tation and Infrastructure of the House of Representa5 tives and the Committee on Environment and Public 

6 Works of the Senate. 

7 (2) PUBLIC AVAILABILITY.—The Secretary shall 

8 maintain a publicly available database, including on 

9 the Internet, on— 

10 (A) all section 14 applications received by 

11 the Secretary; and 

12 (B) the current status of such applications. 

13 SEC. 107. CONSTRUCTION OF PROJECTS BY NON-FEDERAL 

14 INTERESTS. 

15 (a) CONSTRUCTION OF WATER RESOURCES DEVELOP16 MENT PROJECTS.—Section 211 of the Water Resources De17 velopment Act of 1996 (33 U.S.C. 701b–13) is amended— 

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

19 CONTROL’’ and inserting ‘‘WATER RESOURCES

20 DEVELOPMENT’’; and 

21 (2) by striking ‘‘flood control’’ each place it ap22 pears and inserting ‘‘water resources development’’. 

23 (b) COMPLETION OF STUDIES AND DESIGN ACTIVI24 TIES.—Section 211(c) of such Act (33 U.S.C. 701b–13(c)) 

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


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

2 Reform and Development Act of 2013’’. 

3 (c) AUTHORITY TO CARRY OUT IMPROVEMENTS.—Sec4 tion 211(d)(1) of such Act (33 U.S.C. 701b–13(d)(1)) is 

5 amended— 

6 (1) by striking subparagraph (A)(i) and insert7 ing the following: 

8 ‘‘(i) IN GENERAL.—A non-Federal in9 terest may carry out construction for which 

10 studies and design documents are prepared 

11 under subsection (b) only if— 

12 ‘‘(I) the Secretary approves the 

13 project for construction; and 

14 ‘‘(II) the project is specifically au15 thorized by Congress.’’; and 

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

17 the following: 

18 ‘‘(B) STUDIES AND DESIGN ACTIVITIES

19 UNDER SUBSECTION (c).—Any non-Federal in20 terest that has received from the Secretary under 

21 subsection (c) a favorable recommendation to 

22 carry out a water resources development project, 

23 or separable element thereof, based on the results 

24 of completed studies and design documents for 


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1 the project or element may carry out the project 

2 or element if— 

3 ‘‘(i) a final environmental impact 

4 statement under the National Environ5 mental Policy Act of 1969 (42 U.S.C. 4321 

6 et seq.) has been filed for the project or ele7 ment; and 

8 ‘‘(ii) the project is specifically author9 ized by Congress.’’. 

10 (d) REIMBURSEMENT.—Section 211(e) of such Act (33 

11 U.S.C. 701b–13(e)) is amended— 

12 (1) in paragraph (1)— 

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

14 at the end; 

15 (B) in subparagraph (C) by striking the pe16 riod at the end and inserting ‘‘; and’’; and 

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

18 ‘‘(D) if the project is specifically authorized 

19 by Congress.’’; and 

20 (2) in paragraph (6)— 

21 (A) by striking subparagraph (B) and re22 designating subparagraphs (C) and (D) as sub23 paragraphs (B) and (C), respectively; and 

24 (B) in subparagraph (B) (as so redesig25 nated)— 


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1 (i) by striking ‘‘At the request’’ and in2 serting ‘‘In accordance with section 221 of 

3 the Flood Control Act of 1970 (42 U.S.C. 

4 1962d–5b), at the request’’; and 

5 (ii) by inserting before the period at 

6 the end the following: ‘‘, or toward the non7 Federal share of any other authorized water 

8 resources development study or project of 

9 such non-Federal interest’’. 

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

11 U.S.C. 701b–13) is amended by adding at the end the fol12 lowing: 

13 ‘‘(h) OPERATION AND MAINTENANCE OF NAVIGATION

14 PROJECTS.—Whenever a non-Federal interest constructs 

15 improvements to a harbor or inland harbor, the Secretary 

16 shall be responsible for maintenance in accordance with sec17 tion 101(b) of the Water Resources Development Act of 1986 

18 (33 U.S.C. 2211(b)) if— 

19 ‘‘(1) the Secretary determines, before construc20 tion, that the improvements, or separable elements 

21 thereof, are economically justified and environ22 mentally acceptable; 

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

24 constructed in accordance with applicable permits 


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1 and the appropriate engineering and design stand2 ards; 

3 ‘‘(3) the Secretary does not find that the project, 

4 or separable element thereof, is no longer economically 

5 justified or environmentally acceptable; and 

6 ‘‘(4) the project is specifically authorized by Con7 gress. 

8 ‘‘(i) IMPLEMENTATION.—All laws and regulations that 

9 would apply to the Secretary if the Secretary were carrying 

10 out a project shall apply to the non-Federal interest car11 rying out a project under this section. 

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

13 shall notify in writing the Committee on Transportation 

14 and Infrastructure of the House of Representatives and the 

15 Committee on Environment and Public Works of the Senate 

16 prior to initiation of negotiations with a non-Federal inter17 est regarding the utilization of the authorities under this 

18 section.’’. 

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

20 (1) Section 204 of the Water Resources Develop21 ment Act of 1986 (33 U.S.C. 2232). 

22 (2) Section 206 of the Water Resources Develop23 ment Act of 1992 (33 U.S.C. 426i–1) and the item re24 lating to that section in the table of contents con25 tained in section 1(b) of that Act. 


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1 (3) Section 404 of the Water Resources Develop2 ment Act of 1990 (33 U.S.C. 2232 note; 104 Stat. 

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

4 table of contents contained in section 1(b) of that Act. 

5 SEC. 108. CONTRIBUTIONS BY NON-FEDERAL INTERESTS. 

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

7 Act authorizing the construction of certain public works on 

8 rivers and harbors for flood control, and for other pur9 poses’’, approved June 22, 1936 (33 U.S.C. 701h), is 

10 amended— 

11 (1) by striking ‘‘from States and political sub12 divisions thereof,’’ and inserting ‘‘from a non-Federal 

13 interest (as defined in section 221 of the Flood Con14 trol Act of 1970 (42 U.S.C. 1962d–5b))’’; 

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

16 design’’; 

17 (3) by inserting ‘‘, including a project for navi18 gation on the inland waterways,’’ after ‘‘study or 

19 project’’; 

20 (4) by striking ‘‘by States and political subdivi21 sions thereof,’’ and inserting ‘‘by a non-Federal inter22 est’’; 

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

24 term ‘States’ means the several States, the District of 

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1 sions of the United States, and Federally recognized 

2 Indian tribes’’; and 

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

4 the term ‘work’ means the planning, design, or con5 struction of an authorized water resources develop6 ment study or project, or the repair, restoration, or 

7 replacement of an authorized water resources develop8 ment project that has been damaged by an event or 

9 incident that results in a declaration by the President 

10 of a major disaster or emergency pursuant to the Rob11 ert T. Stafford Disaster Relief and Emergency Assist12 ance Act (42 U.S.C. 5121 et seq.)’’ after ‘‘contributing 

13 interests’’. 

14 (b) NOTIFICATION FOR CONTRIBUTED FUNDS.—Prior 

15 to the initiation of negotiations for accepting contributed 

16 funds under section 5 of the Act entitled ‘‘An Act author17 izing the construction of certain public works on rivers and 

18 harbors for flood control, and for other purposes’’, approved 

19 June 22, 1936 (33 U.S.C. 701h), the Secretary shall provide 

20 written notice to the Committee on Transportation and In21 frastructure and the Committee on Appropriations of the 

22 House of Representatives and the Committee on Environ23 ment and Public Works and the Committee on Appropria24 tions of the Senate. 


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1 (c) TECHNICAL AMENDMENTS.—The following provi2 sions are repealed: 

3 (1) Section 111(b) of the Energy and Water De4 velopment and Related Agencies Appropriations Act, 

5 2012 (125 Stat. 858). 

6 (2) Section 4 of the Act entitled ‘‘An Act making 

7 appropriations for the construction, repair, and pres8 ervation of certain public works on rivers and har9 bors, and for other purposes’’, approved March 4, 

10 1915 (33 U.S.C. 560). 

11 SEC. 109. CONTRIBUTIONS BY NON-FEDERAL INTERESTS 

12 FOR MANAGEMENT OF CORPS OF ENGINEERS 

13 INLAND NAVIGATION FACILITIES. 

14 (a) IN GENERAL.—Section 225 of the Water Resources 

15 Development Act of 1992 (33 U.S.C. 2328) is amended— 

16 (1) by striking the section designation and head17 ing and inserting the following: 

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

19 FOR MANAGEMENT OF CORPS OF ENGINEERS 

20 FACILITIES.’’; 

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

22 recreation facilities’’ and inserting ‘‘operating, main23 taining, and managing inland navigational facilities, 

24 recreational facilities,’’; and 


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1 (3) in subsection (b) by striking ‘‘and manage2 ment of recreation facilities’’ and inserting ‘‘, mainte3 nance, and management of inland navigation facili4 ties, recreational facilities,’’. 

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

6 contained in section 1(b) of the Water Resources Develop7 ment Act of 1992 is amended by striking the item relating 

8 to section 225 and inserting the following: 

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

9 SEC. 110. ADDITIONAL CONTRIBUTIONS BY NON-FEDERAL 

10 INTERESTS. 

11 Section 902 of the Water Resources Development Act 

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

13 (1) by striking ‘‘In order to insure’’ and insert14 ing ‘‘(a) IN GENERAL.—In order to insure’’; and 

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

16 ‘‘(b) CONTRIBUTIONS BY NON-FEDERAL INTERESTS.— 

17 Notwithstanding subsection (a), in accordance with section 

18 5 of the Act entitled ‘An Act authorizing the construction 

19 of certain public works on rivers and harbors for flood con20 trol, and for other purposes’, approved June 22, 1936 (33 

21 U.S.C. 701h), the Secretary may accept funds from a non22 Federal interest for any authorized water resources develop23 ment project that has exceeded its maximum cost under sub24 section (a), and use such funds to carry out such project, 


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1 if the use of such funds does not increase the Federal share 

2 of the cost of such project.’’. 

3 SEC. 111. CLARIFICATION OF IMPACTS TO OTHER FEDERAL 

4 FACILITIES. 

5 In any case where the modification or construction of 

6 a water resources development project carried out by the 

7 Secretary adversely impacts other Federal facilities, the 

8 Secretary may accept from other Federal agencies such 

9 funds as may be necessary to address the adverse impact, 

10 including by removing, relocating, or reconstructing such 

11 facilities. 

12 SEC. 112. CLARIFICATION OF PREVIOUSLY AUTHORIZED 

13 WORK. 

14 (a) IN GENERAL.—The Secretary may carry out meas15 ures to improve fish species habitat within the boundaries 

16 and downstream of a water resources project constructed by 

17 the Secretary that includes a fish hatchery if the Sec18 retary— 

19 (1) has been explicitly authorized to compensate 

20 for fish losses associated with the project; and 

21 (2) determines that the measures are— 

22 (A) feasible; 

23 (B) consistent with authorized project pur24 poses and the fish hatchery; and 

25 (C) in the public interest. 


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1 (b) COST SHARING.— 

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

3 non-Federal interest shall contribute 35 percent of the 

4 total cost of carrying out activities under this section, 

5 including the costs relating to the provision or acqui6 sition of required land, easements, rights-of-way, 

7 dredged material disposal areas, and relocations. 

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

10 costs of operation, maintenance, replacement, repair, 

11 and rehabilitation of the measures carried out under 

12 this section. 

13 SEC. 113. TRIBAL PARTNERSHIP PROGRAM. 

14 (a) IN GENERAL.—Section 203 of the Water Resources 

15 Development Act of 2000 (33 U.S.C. 2269) is amended— 

16 (1) in subsection (d)(1)(B)— 

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

18 the following: 

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

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

21 ‘‘(ii) DETERMINATION.—Not later than 

22 180 days after the date of enactment of the 

23 Water Resources Reform and Development 

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1 ance on the procedures described in clause 

2 (i).’’; and 

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

4 following: 

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

6 carry out activities under this section in fiscal years 2014 

7 through 2023.’’. 

8 (b) COOPERATIVE AGREEMENTS WITH INDIAN

9 TRIBES.—The Secretary may enter into a cooperative 

10 agreement with an Indian tribe (or a designated representa11 tive of an Indian tribe) to carry out authorized activities 

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

13 quality, and cultural resources. 

14 SEC. 114. TECHNICAL CORRECTIONS. 

15 (a) LIMITATION; STATUTORY CONSTRUCTION.—Sec16 tion 221(a)(4)(E) of the Flood Control Act of 1970 (42 

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

18 (ii) and inserting the following: 

19 ‘‘(ii) LIMITATION.—In any case in 

20 which a specific provision of law provides 

21 for a non-Federal interest to receive credit 

22 toward the non-Federal share of the cost of 

23 a study for, or construction or operation 

24 and maintenance of, a water resources 

25 project, the Secretary shall apply— 


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1 ‘‘(I) the specific provision of law 

2 instead of this paragraph; or 

3 ‘‘(II) at the request of the non4 Federal interest, the specific provision 

5 of law and such provisions of this 

6 paragraph as the non-Federal interest 

7 may request. 

8 ‘‘(iii) STATUTORY CONSTRUCTION.— 

9 Nothing in this subparagraph may be con10 strued to affect the applicability of subpara11 graph (C).’’. 

12 (b) WATER RESOURCES PROJECT DEFINED.—Section 

13 221(b) of such Act (42 U.S.C. 1962d–5b(b)) is amended— 

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

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

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

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

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

19 follows through ‘‘The term’’ and inserting the fol20 lowing: 

21 ‘‘(b) DEFINITIONS.— 

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

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

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

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1 viewed, designed, constructed, operated and main2 tained, or otherwise subject to Federal participation 

3 under the authority of the civil works program of the 

4 Secretary of the Army for the purposes of navigation, 

5 flood damage reduction, ecosystem restoration, hurri6 cane and storm damage reduction, water supply, 

7 recreation, hydroelectric power, fish and wildlife con8 servation, water quality, environmental infrastruc9 ture, resource protection and development, and related 

10 purposes.’’. 

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

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

13 and inserting ‘‘enforceable’’. 

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

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

16 2340(a)) is amended by adding at the end the following: 

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

18 original partnership agreement was entered into before, on, 

19 or after the date of enactment of this subsection.’’. 

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

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

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

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

24 ‘‘(i) CONSTRUCTION.— 


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1 ‘‘(I) IN GENERAL.—In any case 

2 in which the non-Federal interest is to 

3 receive credit under subparagraph (A) 

4 for the cost of construction carried out 

5 by the non-Federal interest before exe6 cution of a partnership agreement and 

7 that construction has not been carried 

8 out as of the date of enactment of this 

9 clause, the Secretary and the non-Fed10 eral interest shall enter into an agree11 ment under which the non-Federal in12 terest shall carry out such work and 

13 shall do so prior to the non-Federal in14 terest initiating construction or issuing 

15 a written notice to proceed for the con16 struction. 

17 ‘‘(II) ELIGIBILITY.—Construction 

18 that is carried out after the execution 

19 of an agreement under subclause (I) 

20 and any design activities that are re21 quired for that construction, even if the 

22 design activity is carried out prior to 

23 the execution of the agreement, shall be 

24 eligible for credit. 

25 ‘‘(ii) PLANNING.— 


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1 ‘‘(I) IN GENERAL.—In any case 

2 in which the non-Federal interest is to 

3 receive credit under subparagraph (A) 

4 for the cost of planning carried out by 

5 the non-Federal interest before execu6 tion of a feasibility cost sharing agree7 ment, the Secretary and the non-Fed8 eral interest shall enter into an agree9 ment under which the non-Federal in10 terest shall carry out such planning 

11 and shall do so prior to the non-Fed12 eral interest initiating that planning. 

13 ‘‘(II) ELIGIBILITY.—Planning 

14 that is carried out by the non-Federal 

15 interest after the execution of an agree16 ment under subclause (I) shall be eligi17 ble for credit.’’. 

18 SEC. 115. WATER INFRASTRUCTURE PUBLIC-PRIVATE PART19 NERSHIP PILOT PROGRAM. 

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

21 pilot program to evaluate the cost effectiveness and project 

22 delivery efficiency of allowing non-Federal interests to 

23 carry out authorized water resources development projects 

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1 land navigation, flood damage reduction, aquatic ecosystem 

2 restoration, and hurricane and storm damage reduction. 

3 (b) PURPOSES.—The purposes of the pilot program es4 tablished under subsection (a) are— 

5 (1) to identify cost-saving project delivery alter6 natives that reduce the backlog of authorized Corps of 

7 Engineers projects; and 

8 (2) to evaluate the technical, financial, and orga9 nizational benefits of allowing a non-Federal interest 

10 to carry out and manage the design or construction 

11 (or both) of 1 or more of such projects. 

12 (c) SUBSEQUENT APPROPRIATIONS.—Any activity un13 dertaken under this section is authorized only to the extent 

14 specifically provided for in subsequent appropriations Acts. 

15 (d) ADMINISTRATION.—In carrying out the pilot pro16 gram established under subsection (a), the Secretary shall— 

17 (1) identify for inclusion in the program at least 

18 15 projects that are authorized for construction for 

19 coastal harbor improvement, channel improvement, 

20 inland navigation, flood damage reduction, or hurri21 cane and storm damage reduction; 

22 (2) notify in writing the Committee on Trans23 portation and Infrastructure of the House of Rep24 resentatives and the Committee on Environment and 


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1 Public Works of the Senate of each project identified 

2 under paragraph (1); 

3 (3) in consultation with the non-Federal interest 

4 associated with each project identified under para5 graph (1), develop a detailed project management 

6 plan for the project that outlines the scope, financing, 

7 budget, design, and construction resource require8 ments necessary for the non-Federal interest to execute 

9 the project, or a separable element of the project; 

10 (4) at the request of the non-Federal interest as11 sociated with each project identified under paragraph 

12 (1), enter into a project partnership agreement with 

13 the non-Federal interest under which the non-Federal 

14 interest is provided full project management control 

15 for the financing, design, or construction (or any 

16 combination thereof) of the project, or a separable ele17 ment of the project, in accordance with plans ap18 proved by the Secretary; 

19 (5) following execution of a project partnership 

20 agreement under paragraph (4) and completion of all 

21 work under the agreement, issue payment, in accord22 ance with subsection (g), to the relevant non-Federal 

23 interest for that work; and 

24 (6) regularly monitor and audit each project 

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1 tivities related to the project are carried out in com2 pliance with plans approved by the Secretary and 

3 that construction costs are reasonable. 

4 (e) SELECTION CRITERIA.—In identifying projects 

5 under subsection (d)(1), the Secretary shall consider the ex6 tent to which the project— 

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

8 States; 

9 (2) leverages Federal investment by encouraging 

10 non-Federal contributions to the project; 

11 (3) employs innovative project delivery and cost12 saving methods; 

13 (4) received Federal funds in the past and expe14 rienced delays or missed scheduled deadlines; 

15 (5) has unobligated Corps of Engineers funding 

16 balances; and 

17 (6) has not received Federal funding for recapi18 talization and modernization since the project was 

19 authorized. 

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

21 180 days after entering into a project partnership agree22 ment under subsection (d)(4), a non-Federal interest, to the 

23 maximum extent practicable, shall submit to the Secretary 

24 a detailed project schedule for the relevant project, based 


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1 on estimated funding levels, that specifies deadlines for each 

2 milestone with respect to the project. 

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

4 for work completed pursuant to a project partnership agree5 ment under subsection (d)(4) may be made from— 

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

7 amounts appropriated for the project; 

8 (2) other amounts appropriated to the Corps of 

9 Engineers, except that the total amount transferred to 

10 the non-Federal interest may not exceed the estimate 

11 of the Federal share of the cost of construction, includ12 ing any required design; and 

13 (3) revenue generated by the project. 

14 (h) TECHNICAL ASSISTANCE.—At the request of a non15 Federal interest participating in the pilot program estab16 lished under subsection (a), the Secretary may provide to 

17 the non-Federal interest, if the non-Federal interest con18 tracts with and compensates the Secretary, technical assist19 ance with respect to— 

20 (1) a study, engineering activity, or design ac21 tivity related to a project carried out by the non-Fed22 eral interest under the program; and 

23 (2) obtaining permits necessary for such a 

24 project. 

25 (i) IDENTIFICATION OF IMPEDIMENTS.— 


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

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

3 identify any procedural requirements under the 

4 authority of the Secretary that impede greater 

5 use of public-private partnerships and private 

6 investment in water resources development 

7 projects; 

8 (B) develop and implement, on a project-by9 project basis, procedures and approaches that— 

10 (i) address such impediments; and 

11 (ii) protect the public interest and any 

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

14 partnerships or private investment in water 

15 resources development projects; and 

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

17 enactment of this section, issue rules to carry out 

18 the procedures and approaches developed under 

19 subparagraph (B). 

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

21 section may be construed to allow the Secretary to 

22 waive any requirement under— 

23 (A) sections 3141 through 3148 and sections 

24 3701 through 3708 of title 40, United States 

25 Code; 


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1 (B) the National Environmental Policy Act 

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

3 (C) any other provision of Federal law. 

4 (j) PUBLIC BENEFIT STUDIES.— 

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

6 partnership agreement under subsection (d)(4), the 

7 Secretary shall conduct an assessment of whether, and 

8 provide justification in writing to the Committee on 

9 Transportation and Infrastructure of the House of 

10 Representatives and the Committee on Environment 

11 and Public Works of the Senate that, the proposed 

12 agreement provides better public and financial bene13 fits than a similar transaction using public funding 

14 or financing. 

15 (2) REQUIREMENTS.—An assessment under 

16 paragraph (1) shall— 

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

18 than 90 days; 

19 (B) take into consideration any supporting 

20 materials and data submitted by the relevant 

21 non-Federal interest and other stakeholders; and 

22 (C) determine whether the proposed project 

23 partnership agreement is in the public interest 

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1 pedited project delivery and savings for tax2 payers. 

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

4 under the pilot program established under subsection (a) 

5 may consist of the non-Federal interest financing the non6 Federal share of the project. 

7 (l) APPLICABILITY OF FEDERAL LAW.—Any provision 

8 of Federal law that would apply to the Secretary if the Sec9 retary were carrying out a project shall apply to a non10 Federal interest carrying out a project under this section. 

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

12 cost-sharing requirement under Federal law that is applica13 ble to a project carried out under the pilot program estab14 lished under subsection (a). 

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

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

17 Committee on Transportation and Infrastructure of the 

18 House of Representatives and the Committee on Environ19 ment and Public Works of the Senate a report describing 

20 the results of the pilot program established under subsection 

21 (a), including any recommendations of the Secretary con22 cerning whether the program or any component of the pro23 gram should be implemented on a national basis. 


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1 (o) NON-FEDERAL INTEREST DEFINED.—In this sec2 tion, the term ‘‘non-Federal interest’’ includes non-Federal 

3 government entities and private entities. 

4 SEC. 116. ANNUAL REPORT TO CONGRESS. 

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

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

8 of Representatives and the Committee on Environment and 

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

10 ‘‘Report to Congress on Future Water Resources Develop11 ment’’, that identifies the following: 

12 (1) FEASIBILITY REPORTS.—Each feasibility re13 port that meets the criteria established in subsection 

14 (c)(1)(A). 

15 (2) PROPOSED FEASIBILITY STUDIES.—Any pro16 posed feasibility study submitted to the Secretary by 

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

18 meets the criteria established in subsection (c)(1)(A). 

19 (3) PROPOSED MODIFICATIONS.—Any proposed 

20 modification to an authorized water resources devel21 opment project or feasibility study that meets the cri22 teria established in subsection (c)(1)(A) that— 

23 (A) is submitted to the Secretary by a non24 Federal interest pursuant to subsection (b); or 


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

3 (b) REQUESTS FOR PROPOSALS.— 

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

5 year, the Secretary shall publish in the Federal Reg6 ister a notice requesting proposals from non-Federal 

7 interests for proposed feasibility studies and proposed 

8 modifications to authorized water resources develop9 ment projects and feasibility studies to be included in 

10 the annual report. 

11 (2) DEADLINE FOR REQUESTS.—The Secretary 

12 shall include in each notice required by this sub13 section a requirement that non-Federal interests sub14 mit to the Secretary any proposals described in para15 graph (1) by not later than 120 days after the date 

16 of publication of the notice in the Federal Register in 

17 order for such proposals to be considered for inclusion 

18 in the annual report. 

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

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

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

24 (B) provide written notification of such 

25 publication to the Committee on Transportation 


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

3 Public Works of the Senate. 

4 (c) CONTENTS.— 

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

7 (A) CRITERIA FOR INCLUSION IN REPORT.— 

8 The Secretary shall include in the annual report 

9 only those feasibility reports, proposed feasibility 

10 studies, and proposed modifications to author11 ized water resources development projects and 

12 feasibility studies that— 

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

15 (ii) require specific authorization by 

16 Congress in law or otherwise; 

17 (iii) are not authorized by Congress; 

18 (iv) have not been included in any pre19 vious annual report; and 

20 (v) if authorized, could be carried out 

21 by the Corps of Engineers. 

22 (B) DESCRIPTION OF BENEFITS.—For each 

23 proposed feasibility study and proposed modi24 fication to an authorized water resources devel25 opment project or feasibility study included in 


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1 the annual report, the Secretary shall describe 

2 the potential benefit of the proposed feasibility 

3 study or modification, including, to the extent 

4 applicable, whether the water resources develop5 ment project that is the subject of the proposed 

6 feasibility study, or the proposed modification, 

7 will— 

8 (i) reduce risks to human life or public 

9 safety or property; 

10 (ii) benefit the national economy; 

11 (iii) stimulate the creation of jobs; 

12 (iv) reduce the need for future disaster 

13 relief; 

14 (v) promote the development and deliv15 ery of domestic energy resources; 

16 (vi) improve the competitiveness of 

17 United States exports; 

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

21 (viii) restore or protect, or mitigate the 

22 impacts of a water resources development 

23 project on, the environment; or 


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1 (ix) promote the use of cost-effective 

2 and sustainable solutions to water resources 

3 challenges. 

4 (2) TRANSPARENCY.—The Secretary shall in5 clude in the annual report, for each feasibility report, 

6 proposed feasibility study, and proposed modification 

7 to an authorized water resources development project 

8 or feasibility study included under paragraph 

9 (1)(A)— 

10 (A) the name of the associated non-Federal 

11 interest, including the name of any non-Federal 

12 interest that has contributed, or is expected to 

13 contribute, a non-Federal share of the cost of— 

14 (i) the feasibility report; 

15 (ii) the proposed feasibility study; 

16 (iii) the authorized feasibility study for 

17 which the modification is proposed; or 

18 (iv) construction of— 

19 (I) the water resources develop20 ment project that is the subject of— 

21 (aa) the feasibility report; 

22 (bb) the proposed feasibility 

23 study; or 


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1 (cc) the authorized feasibility 

2 study for which a modification is 

3 proposed; or 

4 (II) the proposed modification to 

5 an authorized water resources develop6 ment project; 

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

8 feasibility report, proposed feasibility study, or 

9 proposed modification to an authorized water re10 sources development project or feasibility study 

11 from each associated non-Federal interest; 

12 (C) the purpose of the feasibility report, 

13 proposed feasibility study, or proposed modifica14 tion to an authorized water resources develop15 ment project or feasibility study; 

16 (D) an estimate of the Federal, non-Federal, 

17 and total costs of— 

18 (i) the proposed feasibility study, or 

19 proposed modification to an authorized fea20 sibility study; and 

21 (ii) construction of— 

22 (I) the water resources develop23 ment project that is the subject of— 

24 (aa) the feasibility report; or 


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1 (bb) the authorized feasibility 

2 study for which a modification is 

3 proposed, with respect to the 

4 change in costs resulting from 

5 such modification; or 

6 (II) the proposed modification to 

7 an authorized water resources develop8 ment project; and 

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

10 the monetary and nonmonetary benefits of— 

11 (i) the water resources development 

12 project that is the subject of— 

13 (I) the feasibility report; 

14 (II) the proposed feasibility study; 

15 or 

16 (III) the authorized feasibility 

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

19 such modification; or 

20 (ii) the proposed modification to an 

21 authorized water resources development 

22 project. 

23 (3) CERTIFICATION.—The Secretary shall include 

24 in the annual report a certification stating that each 

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1 posed modification to an authorized water resources 

2 development project or feasibility study included in 

3 the annual report meets the criteria in paragraph 

4 (1)(A). 

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

6 the annual report an appendix listing the proposals 

7 submitted under subsection (b) that were not included 

8 in the annual report under paragraph (1)(A) and a 

9 description of why the Secretary determined that 

10 those proposals did not meet the criteria for inclusion 

11 under such paragraph. 

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

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

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

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

18 (2) include in such notice a requirement that 

19 non-Federal interests submit to the Secretary any 

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

21 than 90 days after the date of publication of such no22 tice in the Federal Register in order for such pro23 posals to be considered for inclusion in the first an24 nual report developed by the Secretary under this sec25 tion; and 


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1 (3) not later than 180 days after the date of en2 actment of this Act, submit an annual report to the 

3 Committee on Transportation and Infrastructure of 

4 the House of Representatives and the Committee on 

5 Environment and Public Works of the Senate. 

6 (e) PUBLICATION.—Upon submission of the annual re7 port to Congress, the Secretary shall make the annual report 

8 publicly available, including through publication on the 

9 Internet. 

10 (f) DEFINITIONS.—In this section, the following defini11 tions apply: 

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

14 (2) FEASIBILITY REPORT.—The term ‘‘feasibility 

15 report’’ means a final feasibility report developed 

16 under section 905 of the Water Resources Development 

17 Act of 1986 (33 U.S.C. 2282), and includes— 

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

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

20 (B) where applicable, any associated report 

21 of the Chief of Engineers. 

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

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

24 105 of the Water Resources Development Act of 1986 

25 (33 U.S.C. 2215). 


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1 (4) NON-FEDERAL INTEREST.—The term ‘‘non2 Federal interest’’ has the meaning given that term in 

3 section 221 of the Flood Control Act of 1970 (42 

4 U.S.C. 1962d–5b). 

5 SEC. 117. ACTIONS TO BE TAKEN IN CONJUNCTION WITH 

6 THE PRESIDENT’S ANNUAL BUDGET SUBMIS7 SION TO CONGRESS. 

8 (a) RECOMMENDATIONS FOR CORPS OF ENGINEERS

9 CONSTRUCTION PROJECTS IN PRESIDENT’S BUDGET.— 

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

11 of the President’s annual budget submission to Con12 gress under section 1105(a) of title 31, United States 

13 Code, the President shall— 

14 (A) identify and recommend Corps of Engi15 neers construction projects for which Congress 

16 should provide funding at the full level author17 ized for the project; and 

18 (B) provide an explanation of the process 

19 used by the President in making the rec20 ommendations. 

21 (2) COVERED PERIOD.—The President shall 

22 make recommendations under paragraph (1) for the 

23 fiscal year for which the budget submission is pre24 pared and each of the succeeding 4 fiscal years. 


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1 (3) BASIS FOR MAKING RECOMMENDATIONS.— 

2 The President shall base recommendations under 

3 paragraph (1) on the assumption that $2,000,000,000 

4 will be appropriated for Corps of Engineers construc5 tion projects for each fiscal year. 

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

7 prioritization of Federal activities carried out related to the 

8 project for mitigation of fish and wildlife losses, Missouri 

9 River Bank Stabilization and Navigation Project, Missouri, 

10 Kansas, Iowa, and Nebraska, authorized by section 601(a) 

11 of the Water Resources Development Act of 1986 (100 Stat. 

12 4143), and in conjunction with the President’s submission 

13 to Congress of a budget under section 1105(a) of title 31, 

14 United States Code, the Secretary shall submit to Congress 

15 a report that provides— 

16 (1) an inventory of all Federal actions taken and 

17 a prioritization of all Federal actions planned in fur18 therance of the project, including an inventory of 

19 lands owned, acquired, or directly controlled by the 

20 Federal Government, and lands enrolled in federally 

21 assisted conservation programs; 

22 (2) a description of the specific Federal actions 

23 proposed for the upcoming fiscal year in furtherance 

24 of the project; 


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1 (3) an assessment of the progress made in fur2 therance of the project, including a description of how 

3 each of the actions identified under paragraph (1) 

4 have impacted such progress; and 

5 (4) an assessment of additional actions necessary 

6 to achieve the results of the project. 

7 SEC. 118. HURRICANE AND STORM DAMAGE REDUCTION 

8 STUDY. 

9 As part of the study for flood and storm damage reduc10 tion related to natural disasters to be carried out by the 

11 Secretary under title II of division A of the Disaster Relief 

12 Appropriations Act, 2013, under the heading ‘‘Department 

13 of the Army—Corps of Engineers—Civil—Investigations’’ 

14 (127 Stat. 5), the Secretary shall make specific project rec15 ommendations. The Secretary may include those rec16 ommendations in the report entitled ‘‘Report to Congress 

17 on Future Water Resources Development’’, developed in ac18 cordance with this Act. 

19 SEC. 119. NON-FEDERAL PLANS TO PROVIDE ADDITIONAL 

20 FLOOD RISK REDUCTION. 

21 (a) IN GENERAL.—If requested by a non-Federal inter22 est, the Secretary shall carry out a locally preferred plan 

23 that provides a higher level of protection than a flood risk 

24 management project authorized under this Act if the Sec25 retary determines that— 


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1 (1) the plan is technically feasible and environ2 mentally acceptable; and 

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

4 plan. 

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

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

7 attributable to the higher level of protection provided under 

8 the plan shall be paid by the non-Federal interest. 

9 SEC. 120. REVIEW OF EMERGENCY RESPONSE AUTHORI10 TIES. 

11 (a) IN GENERAL.—The Secretary shall undertake a re12 view of implementation of section 5 of the Act entitled ‘‘An 

13 Act authorizing the construction of certain public works on 

14 rivers and harbors for flood control, and for other pur15 poses’’, approved August 18, 1941 (33 U.S.C. 701n), to 

16 evaluate the alternatives available to the Secretary to en17 sure— 

18 (1) the safety of affected communities to future 

19 flooding and storm events; 

20 (2) the resiliency of water resources development 

21 projects to future flooding and storm events; 

22 (3) the long-term cost effectiveness of water re23 sources development projects that provide flood control 

24 and hurricane and storm damage reduction benefits; 

25 and 


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1 (4) the policy goals and objectives that have been 

2 outlined by the President as a response to recent ex3 treme weather events, including Hurricane Sandy, 

4 that relate to preparing for future floods are met. 

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

6 the Secretary shall— 

7 (1) review the historical precedents and imple8 mentation of section 5 of such Act, including those ac9 tions undertaken by the Secretary, over time, under 

10 that section— 

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

12 (B) to increase the level of protection for a 

13 damaged project to address future conditions; 

14 (2) evaluate the difference between adopting, as 

15 an appropriate standard under section 5 of such Act, 

16 the repair or restoration of a project to pre-flood or 

17 pre-storm levels and the repair or restoration of a 

18 project to a design level of protection, including an 

19 assessment for each standard of— 

20 (A) the implications on populations at risk 

21 of flooding or damage; 

22 (B) the implications on probability of loss 

23 of life; 

24 (C) the implications on property values at 

25 risk of flooding or damage; 


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1 (D) the implications on probability of in2 creased property damage and associated costs; 

3 (E) the implications on local and regional 

4 economies; and 

5 (F) the estimated total cost and estimated 

6 cost savings; 

7 (3) incorporate the science on expected rates of 

8 sea-level rise and extreme weather events; and 

9 (4) incorporate the work completed by the Hurri10 cane Sandy Rebuilding Task Force, established by 

11 Executive Order 13632 (December 7, 2012). 

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

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

14 shall submit to the Committee on Transportation and In15 frastructure of the House of Representatives and the Com16 mittee on Environment and Public Works of the Senate a 

17 report on the results of the review. 

18 SEC. 121. EMERGENCY COMMUNICATION OF RISK. 

19 (a) IN GENERAL.—In any river basin where the Sec20 retary carries out flood risk management activities subject 

21 to an annual operating plan, the Secretary shall establish 

22 procedures for providing the public and affected govern23 ments, including Indian tribes, in the river basin with— 

24 (1) timely information regarding expected water 

25 levels; 


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1 (2) advice regarding appropriate preparedness 

2 actions; 

3 (3) technical assistance; and 

4 (4) any other information or assistance deter5 mined appropriate by the Secretary. 

6 (b) PROCEDURES.—The Secretary shall utilize the pro7 cedures only when precipitation or runoff exceeds those cal8 culations considered as the lowest risk to life and property 

9 contemplated by the annual operating plan. 

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

12 (1) AFFECTED GOVERNMENT.—The term ‘‘af13 fected government’’ means a State, local, or tribal 

14 government with jurisdiction over an area that will 

15 be affected by a flood. 

16 (2) ANNUAL OPERATING PLAN.—The term ‘‘an17 nual operating plan’’ means a plan prepared by the 

18 Secretary that describes potential water condition sce19 narios for a river basin for a year. 

20 SEC. 122. IMPROVEMENTS TO THE NATIONAL DAM SAFETY 

21 PROGRAM ACT. 

22 (a) ADMINISTRATOR.— 

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

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


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1 striking ‘‘Director’’ each place it appears and insert2 ing ‘‘Administrator’’. 

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

4 such Act (33 U.S.C. 467(3)) is amended in the para5 graph heading by striking ‘‘DIRECTOR’’ and inserting 

6 ‘‘ADMINISTRATOR’’. 

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

8 (33 U.S.C. 467a(b)(1)) is amended by striking ‘‘or mainte9 nance’’ and inserting ‘‘maintenance, condition, or provision 

10 for emergency operations’’. 

11 (c) NATIONAL DAM SAFETY PROGRAM.— 

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

13 (33 U.S.C. 467f(c)(4)) is amended to read as follows: 

14 ‘‘(4) develop and implement a comprehensive 

15 dam safety hazard education and public awareness 

16 initiative to assist the public in mitigating against, 

17 preparing for, responding to, and recovering from 

18 dam incidents;’’. 

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

20 U.S.C. 467f(f)(4)) is amended by inserting ‘‘, rep21 resentatives from nongovernmental organizations,’’ 

22 after ‘‘State agencies’’. 


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1 SEC. 123. RESTRICTED AREAS AT CORPS OF ENGINEERS 

2 DAMS. 

3 Section 2 of the Freedom to Fish Act (Public Law 113– 

4 13; 127 Stat. 449) is amended— 

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

6 date that is 2 years after the date of enactment of this 

7 Act’’; 

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

9 ‘‘OR MODIFIED’’ after ‘‘NEW’’; and 

10 (3) in subsection (c)— 

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

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

13 any’’; and 

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

15 date that is 2 years after the date of enactment 

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

17 has complied with the provisions of this sub18 section’’. 

19 SEC. 124. LEVEE SAFETY. 

20 Section 22 of the Water Resources Development Act of 

21 1974 (42 U.S.C. 1962d–16) is amended by redesignating 

22 subsection (e) as subsection (f) and inserting after sub23 section (d) the following: 

24 ‘‘(e) LEVEE SAFETY.— 

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

26 political subdivision thereof, and in consultation with 


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1 that State and appropriate non-Federal interests, the 

2 Secretary may provide technical assistance to a State 

3 to— 

4 ‘‘(A) encourage effective State or local pro5 grams intended to ensure levee safety to protect 

6 human life and property; 

7 ‘‘(B) assist the State or political subdivision 

8 in establishing and carrying out a levee safety 

9 program; or 

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

11 levee safety program. 

12 ‘‘(2) PURPOSES.—The purposes of technical as13 sistance provided under this subsection shall be— 

14 ‘‘(A) to ensure that human lives and prop15 erty that are protected by new and existing lev16 ees are safe; 

17 ‘‘(B) to encourage the use of appropriate en18 gineering policies and procedures for levee site 

19 investigation, design, construction, operation 

20 and maintenance, and emergency preparedness; 

21 ‘‘(C) to encourage effective levee safety pro22 grams in a State; 

23 ‘‘(D) to develop and support public edu24 cation and awareness projects to increase public 

25 acceptance and support of levee safety programs; 


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1 ‘‘(E) to build public awareness of the resid2 ual risks associated with living in levee protected 

3 areas; and 

4 ‘‘(F) to develop technical assistance mate5 rials, seminars, and guidelines to improve the se6 curity of levees in the United States. 

7 ‘‘(3) FEDERAL GUIDELINES.— 

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

9 subsection, the Secretary, in consultation with 

10 States and non-Federal interests, shall establish 

11 Federal guidelines relating to levee safety. 

12 ‘‘(B) INCORPORATION OF FEDERAL ACTIVI13 TIES.—The guidelines established under subpara14 graph (A) shall encompass, to the maximum ex15 tent practicable, activities and practices carried 

16 out by appropriate Federal agencies. 

17 ‘‘(C) INCORPORATION OF STATE AND LOCAL

18 ACTIVITIES.—The guidelines established under 

19 subparagraph (A) shall encompass, to the max20 imum extent practicable— 

21 ‘‘(i) the activities and practices carried 

22 out by States, local governments, and the 

23 private sector to safely build, regulate, oper24 ate, and maintain levees; and 


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1 ‘‘(ii) Federal activities that facilitate 

2 State efforts to develop and implement effec3 tive State programs for the safety of levees, 

4 including levee inspection, levee rehabilita5 tion, locally developed flood plain manage6 ment, and public education and training 

7 programs. 

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

9 States and non-Federal interests, including ap10 propriate stakeholders, to review and comment 

11 on the guidelines established under subparagraph 

12 (A) before the guidelines are made final. 

13 ‘‘(4) ASSISTANCE FOR STATE LEVEE SAFETY

14 PROGRAMS.— 

15 ‘‘(A) ELIGIBILITY.—To be eligible for tech16 nical assistance under this subsection, a State 

17 shall— 

18 ‘‘(i) be in the process of establishing or 

19 have in effect a State levee safety program 

20 under which a State levee safety agency, in 

21 accordance with State law, carries out the 

22 guidelines established under paragraph (3); 

23 and 


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1 ‘‘(ii) allocate sufficient funds in the 

2 budget of that State to carry out such State 

3 levee safety program. 

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

5 enter into an agreement with each State receiv6 ing technical assistance under this subsection to 

7 develop a work plan necessary for the State levee 

8 safety program of that State to reach a level of 

9 program performance that meets the guidelines 

10 established under paragraph (3). 

11 ‘‘(C) INSPECTION PROGRAMS.—The Sec12 retary shall work with States receiving technical 

13 assistance under this subsection to develop State 

14 technical guidelines for levee inspection pro15 grams that— 

16 ‘‘(i) address hazard classifications and 

17 technically based frameworks for levee as18 sessment; and 

19 ‘‘(ii) are incorporated into State levee 

20 safety programs. 

21 ‘‘(D) MAINTENANCE OF EFFORT.—Technical 

22 assistance may not be provided to a State under 

23 this subsection during a fiscal year unless the 

24 State enters into an agreement with the Sec25 retary to ensure that the State will maintain 


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1 during that fiscal year aggregate expenditures 

2 for programs to ensure levee safety that are at or 

3 above the average annual level of such expendi4 tures for the State for the 2 fiscal years pre5 ceding that fiscal year.’’. 

6 SEC. 125. VEGETATION ON LEVEES. 

7 (a) REVIEW.—The Secretary of the Army, in accord8 ance with subsection (c), shall undertake a comprehensive 

9 review of the Corps of Engineers policy guidelines on vege10 tation management for levees (in this section referred to as 

11 the ‘‘guidelines’’). The Secretary shall commence the review 

12 upon the date of enactment of this Act. 

13 (b) FACTORS.— 

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

15 Secretary shall examine the guidelines in view of— 

16 (A) the varied interests and responsibilities 

17 in managing flood risks, including the need to 

18 provide the greatest levee safety benefit with lim19 ited resources; 

20 (B) preserving, protecting, and enhancing 

21 natural resources, including the potential benefit 

22 that vegetation on levees can have in providing 

23 habitat for species of concern; 

24 (C) protecting the rights of Indian tribes 

25 pursuant to treaties and statutes; 


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1 (D) determining how vegetation impacts the 

2 performance of a levee or levee system during a 

3 storm or flood event; and 

4 (E) such other factors as the Secretary con5 siders appropriate. 

6 (2) REGIONAL AND WATERSHED CONSIDER7 ATIONS.—In conducting the review, the Secretary 

8 shall specifically consider factors that promote and 

9 allow for consideration of potential variances from 

10 national guidelines on a regional or watershed basis. 

11 Such factors may include regional or watershed soil 

12 conditions, hydrologic factors, vegetation patterns and 

13 characteristics, environmental resources, levee per14 formance history, institutional considerations, and 

15 other relevant factors. The scope of a variance ap16 proved by the Secretary may include an exemption to 

17 national guidelines where appropriate. 

18 (c) COOPERATION AND RECOMMENDATIONS.— 

19 (1) IN GENERAL.—The review shall be under20 taken in cooperation with interested Federal agencies 

21 and in consultation with interested representatives of 

22 State and local governments, Indian tribes, appro23 priate nongovernmental organizations, and the pub24 lic. 


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1 (2) RECOMMENDATIONS.—Corps of Engineers 

2 Regional Integration Teams, representing districts, 

3 divisions, and headquarters, in consultation with 

4 State and Federal resources agencies, and with par5 ticipation by local agencies, shall recommend to the 

6 Secretary vegetation management policies for levees 

7 that conform with State and Federal laws and other 

8 applicable requirements. 

9 (d) REVISION OF GUIDELINES.— 

10 (1) IN GENERAL.—During the 1-year period be11 ginning on the date of enactment of this Act, the Sec12 retary shall— 

13 (A) provide the public 30 days to review 

14 and comment on the guidelines; 

15 (B) revise the guidelines based on consider16 ation of the results of the public review; and 

17 (C) submit to Congress a report that con18 tains a summary of the activities of the Sec19 retary and a description of the findings of the 

20 Secretary under this section. 

21 (2) CONTENT; INCORPORATION INTO MANUAL.— 

22 The revised guidelines shall— 

23 (A) provide a practical process for approv24 ing regional or watershed variances from the na25 tional guidelines, reflecting due consideration of 


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1 measures to maximize public safety benefits with 

2 limited resources, levee performance, regional cli3 matic and hydrologic variations, environmental 

4 quality, implementation challenges, and alloca5 tion of responsibilities; and 

6 (B) be incorporated into the manual pro7 posed under section 5(c) of the Act entitled ‘‘An 

8 Act authorizing the construction of certain pub9 lic works on rivers and harbors for flood control, 

10 and for other purposes’’, approved August 18, 

11 1941 (33 U.S.C. 701n(c)). 

12 (e) CONTINUATION OF WORK.—Concurrent with com13 pletion of the requirements of this section, the Secretary 

14 shall proceed without interruption or delay with those ongo15 ing or programmed projects and studies, or elements of 

16 projects or studies, that are not directly related to vegetation 

17 variance policy. 

18 SEC. 126. REDUCTION OF FEDERAL COSTS. 

19 Section 204(a) of the Water Resources Development 

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

21 the end the following: 

22 ‘‘(4) REDUCING COSTS.—To reduce or avoid Fed23 eral costs, the Secretary shall consider the beneficial 

24 use of dredged material in a manner that contributes 


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1 to the maintenance of sediment resources in the near2 by coastal system.’’. 

3 SEC. 127. ADVANCED MODELING TECHNOLOGIES. 

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

5 the Secretary shall encourage and incorporate advanced 

6 modeling technologies, including 3-dimensional digital 

7 modeling, for activities related to water resources develop8 ment projects and studies. 

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

10 Secretary, to the greatest extent practicable, shall— 

11 (1) compile information related to advanced 

12 modeling technologies, including industry best prac13 tices with respect to the use of the technologies; 

14 (2) disseminate to non-Federal interests the in15 formation described in paragraph (1); and 

16 (3) promote the use of advanced modeling tech17 nologies. 

18 (c) ADVANCED MODELING TECHNOLOGY DEFINED.— 

19 In this section, the term ‘‘advanced modeling technology’’ 

20 means an available or developing technology, including 3- 

21 dimensional digital modeling, that can expedite project de22 livery for or improve the evaluation of water resources de23 velopment projects that receive Federal funding by— 

24 (1) accelerating and improving the environ25 mental review process; 


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1 (2) increasing effective public participation; 

2 (3) enhancing the detail and accuracy of project 

3 designs; 

4 (4) increasing safety; 

5 (5) accelerating construction and reducing con6 struction costs; or 

7 (6) otherwise achieving such purposes. 

8 SEC. 128. ENHANCED USE OF ELECTRONIC COMMERCE IN 

9 FEDERAL PROCUREMENT. 

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

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

12 Committee on Transportation and Infrastructure of the 

13 House of Representatives and the Committee on Environ14 ment and Public Works of the Senate a report describing 

15 the Secretary’s actions to carry out section 2301 of title 41, 

16 United States Code, regarding the use of electronic com17 merce in Federal procurement. 

18 (b) CONTENTS.—The report submitted under sub19 section (a) shall include, with respect to the 2 fiscal years 

20 most recently ended before the fiscal year in which the re21 port is submitted— 

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

23 dollar value of procurement solicitations with respect 

24 to which the public was permitted to respond to the 

25 solicitation electronically, which shall differentiate beVerDate Mar 15 2010 20:52 Oct 21, 2013 Jkt 039200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6203 E:\BILLS\H3080.RH H3080

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1 tween solicitations that allowed full or partial elec2 tronic submission; 

3 (2) an analysis of the information provided 

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

5 by the Secretary to refine and improve the use of elec6 tronic submission for procurement solicitation re7 sponses; 

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

9 obstacles to implementing fuller use of electronic sub10 mission for procurement solicitation responses, in11 cluding with respect to cost savings, error reduction, 

12 paperwork reduction, increased bidder participation, 

13 and competition, and expanded use of electronic bid 

14 data collection for cost-effective contract management 

15 and timely reporting; and 

16 (4) an analysis of the options and technologies 

17 available to facilitate expanded implementation of 

18 electronic submission for procurement solicitation re19 sponses and the suitability of each option and tech20 nology for contracts of various types and sizes. 

21 SEC. 129. CORROSION PREVENTION. 

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

23 the Secretary shall encourage and incorporate corrosion 

24 prevention activities at water resources development 

25 projects. 


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

2 Secretary, to the greatest extent practicable, shall ensure 

3 that contractors performing work for water resources devel4 opment projects— 

5 (1) use best practices to carry out corrosion pre6 vention activities in the field; 

7 (2) use industry recognized standards and corro8 sion mitigation and prevention methods when— 

9 (A) determining protective coatings; 

10 (B) selecting materials; and 

11 (C) determining methods of cathodic protec12 tion, design, and engineering for corrosion pre13 vention; 

14 (3) use certified coating application specialists 

15 and cathodic protection technicians and engineers; 

16 (4) use best practices in environmental protec17 tion to prevent environmental degradation, and to en18 sure careful handling of all hazardous materials; 

19 (5) demonstrate a history of employing industry20 certified inspectors to ensure adherence to best prac21 tices and standards; and 

22 (6) demonstrate a history of compliance with ap23 plicable requirements of the Occupational Safety and 

24 Health Administration. 


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1 (c) CORROSION PREVENTION ACTIVITIES DEFINED.— 

2 In this section, the term ‘‘corrosion prevention activities’’ 

3 means— 

4 (1) the application and inspection of protective 

5 coatings for complex work involving steel and cemen6 titious structures, including structures that will be ex7 posed in immersion; 

8 (2) the installation, testing, and inspection of ca9 thodic protection systems; and 

10 (3) any other activities related to corrosion pre11 vention the Secretary determines appropriate. 

12 SEC. 130. RESILIENT CONSTRUCTION AND USE OF INNOVA13 TIVE MATERIALS. 

14 The Secretary, to the extent practicable, shall encour15 age the use of durable, resilient, and sustainable materials 

16 and practices, including the use of geosynthetic materials, 

17 advanced composites, and innovative technologies, in car18 rying out the activities of the Corps of Engineers. 

19 SEC. 131. ASSESSMENT OF WATER SUPPLY IN ARID RE20 GIONS. 

21 (a) IN GENERAL.—The Secretary shall conduct an as22 sessment of the management practices, priorities, and au23 thorized purposes at Corps of Engineers reservoirs in arid 

24 regions to determine the effects of such practices, priorities, 

25 and purposes on water supply during periods of drought. 


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

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

3 Committee on Transportation and Infrastructure of the 

4 House of Representatives and the Committee on Environ5 ment and Public Works of the Senate a report on the results 

6 of the assessment. 

7 SEC. 132. RIVER BASIN COMMISSIONS. 

8 Section 5019 of the Water Resources Development Act 

9 of 2007 (121 Stat. 1201) is amended by adding at the end 

10 the following: 

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

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

13 the Secretary, in conjunction with the President’s next sub14 mission to Congress of a budget under section 1105(a) of 

15 title 31, United States Code, shall submit to Congress a re16 port that describes— 

17 ‘‘(1) the reasons why the Secretary did not allo18 cate funds in accordance with subsection (b) during 

19 that fiscal year; and 

20 ‘‘(2) the impact, on the jurisdiction of each Com21 mission specified in subsection (b), of not allocating 

22 the funds, including with respect to— 

23 ‘‘(A) water supply allocation; 

24 ‘‘(B) water quality protection; 

25 ‘‘(C) regulatory review and permitting; 


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1 ‘‘(D) water conservation; 

2 ‘‘(E) watershed planning; 

3 ‘‘(F) drought management; 

4 ‘‘(G) flood loss reduction; 

5 ‘‘(H) recreation; and 

6 ‘‘(I) energy development.’’. 

7 SEC. 133. SENSE OF CONGRESS REGARDING WATER RE8 SOURCES DEVELOPMENT BILLS. 

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

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

11 development bill was typically enacted every 2 years. 

12 (2) Since 2000, only 1 water resources develop13 ment bill has been enacted. 

14 (b) SENSE OF CONGRESS.—It is the sense of Congress 

15 that, because the missions of the Corps of Engineers are 

16 unique and benefit all individuals in the United States and 

17 because water resources development projects are critical to 

18 maintaining economic prosperity, national security, and 

19 environmental protection, Congress should consider a water 

20 resources development bill not less than once every Congress. 

21 SEC. 134. DONALD G. WALDON LOCK AND DAM. 

22 It is the sense of Congress that, at an appropriate time 

23 and in accordance with the rules of the House of Represent24 atives and the Senate, to recognize the contributions of Don25 ald G. Waldon, whose selfless determination and tireless 


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1 work, while serving as administrator of the Tennessee2 Tombigbee Waterway for 21 years, contributed greatly to 

3 the realization and success of the Tennessee-Tombigbee Wa4 terway Development Compact, that the lock and dam lo5 cated at mile 357.5 on the Tennessee-Tombigbee Waterway 

6 should be known and designated as the ‘‘Donald G. Waldon 

7 Lock and Dam’’. 

8 SEC. 135. AQUATIC INVASIVE SPECIES. 

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

10 (33 U.S.C. 610(a)) is amended by inserting ‘‘and aquatic 

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

12 SEC. 136. RECREATIONAL ACCESS. 

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

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

15 the Secretary if— 

16 (1) the floating cabin is in compliance regula17 tions for recreational vessels issued under chapter 43 

18 of title 46, United States Code, and section 312 of the 

19 Federal Water Pollution Control Act (33 U.S.C. 

20 1322); and 

21 (2) the Secretary has authorized the use of rec22 reational vessels on such waters. 

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

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


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1 3 of title 1, United States Code, with overnight accommoda2 tions. 

3 SEC. 137. TERRITORIES OF THE UNITED STATES. 

4 Section 1156 of the Water Resources Development Act 

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

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

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

8 waive’’; and 

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

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

11 adjust the dollar amount specified in subsection (a) for in12 flation for the period beginning on November 17, 1986, and 

13 ending on the date of enactment of this subsection.’’. 

14 SEC. 138. SENSE OF CONGRESS REGARDING INTERSTATE 

15 WATER AGREEMENTS AND COMPACTS. 

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

17 (1) States and local interests have primary re18 sponsibility for developing water supplies for domes19 tic, municipal, industrial, and other purposes. 

20 (2) The Federal Government cooperates with 

21 States and local interests in developing water supplies 

22 through the construction, maintenance, and operation 

23 of Federal water resources development projects. 

24 (3) Interstate water disputes are most properly 

25 addressed through interstate water agreements or 


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1 compacts that take into consideration the concerns of 

2 all affected States. 

3 (b) SENSE OF CONGRESS.—It is the sense of Congress 

4 that— 

5 (1) Congress and the Secretary should urge 

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

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

9 Secretary should facilitate and assist in the develop10 ment of an interstate water agreement or compact; 

11 (3) Congress should provide prompt consider12 ation of interstate water agreements and compacts; 

13 and 

14 (4) the Secretary should adopt policies and im15 plement procedures for the operation of reservoirs of 

16 the Corps of Engineers that are consistent with inter17 state water agreements and compacts. 

18 TITLE II—NAVIGATION 

19 IMPROVEMENTS 

20 Subtitle A—Ports 

21 SEC. 201. EXPANDED USE OF HARBOR MAINTENANCE 

22 TRUST FUND. 

23 (a) IN GENERAL.—For any fiscal year in which target 

24 appropriations described in subsection (b) are met, the Sec25 retary may use up to 5 percent of the total amount made 


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1 available to the Secretary from the Harbor Maintenance 

2 Trust Fund for the eligible operations and maintenance 

3 costs described in section 210(a)(2) of the Water Resources 

4 Development Act of 1986 (33 U.S.C. 2238(a)(2)) for that 

5 fiscal year for expanded uses of the Harbor Maintenance 

6 Trust Fund. 

7 (b) TARGET APPROPRIATIONS.—For purposes of this 

8 section, target appropriations are met for a fiscal year if 

9 the total amount made available to the Secretary from the 

10 Harbor Maintenance Trust Fund for that fiscal year equals 

11 or exceeds, as determined by the Secretary, the following: 

12 (1) For fiscal year 2014, 65 percent of the total 

13 amount of harbor maintenance taxes received in fiscal 

14 year 2013. 

15 (2) For fiscal year 2015, 67 percent of the total 

16 amount of harbor maintenance taxes received in fiscal 

17 year 2014. 

18 (3) For fiscal year 2016, 69 percent of the total 

19 amount of harbor maintenance taxes received in fiscal 

20 year 2015. 

21 (4) For fiscal year 2017, 71 percent of the total 

22 amount of harbor maintenance taxes received in fiscal 

23 year 2016. 


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1 (5) For fiscal year 2018, 73 percent of the total 

2 amount of harbor maintenance taxes received in fiscal 

3 year 2017. 

4 (6) For fiscal year 2019, 75 percent of the total 

5 amount of harbor maintenance taxes received in fiscal 

6 year 2018. 

7 (7) For fiscal year 2020, and each fiscal year 

8 thereafter, 80 percent of total amount of harbor main9 tenance taxes received in the previous fiscal year. 

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

12 (1) ELIGIBLE HARBORS AND INLAND HARBORS

13 DEFINED.—The term ‘‘eligible harbor or inland har14 bor’’ means a harbor or inland harbor that, histori15 cally, as determined by the Secretary— 

16 (A) generates an amount of harbor mainte17 nance taxes; that exceeds 

18 (B) the value of work carried out for the 

19 harbor or inland harbor using amounts from the 

20 Harbor Maintenance Trust Fund. 

21 (2) EXPANDED USES.—The term ‘‘expanded 

22 uses’’ means the following activities performed for an 

23 eligible harbor or inland harbor: 

24 (A) The maintenance dredging of a berth in 

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1 tion project and that benefits commercial navi2 gation at the harbor. 

3 (B) The maintenance dredging and disposal 

4 of legacy-contaminated sediment, and sediment 

5 unsuitable for open water disposal, if— 

6 (i) such dredging and disposal benefits 

7 commercial navigation at the harbor; and 

8 (ii) such sediment— 

9 (I) is located in and affects the 

10 maintenance of a Federal navigation 

11 project; or 

12 (II) is located in a berth that is 

13 accessible to a Federal navigation 

14 project. 

15 (3) TOTAL AMOUNT OF HARBOR MAINTENANCE

16 TAXES RECEIVED.—The term ‘‘total amount of harbor 

17 maintenance taxes received’’ means, with respect to a 

18 fiscal year, the aggregate of amounts appropriated, 

19 transferred, or credited to the Harbor Maintenance 

20 Trust Fund under section 9505(a) of the Internal 

21 Revenue Code of 1986 for that fiscal year as set forth 

22 in the current year estimate provided in the Presi23 dent’s budget request for the subsequent fiscal year, 

24 submitted pursuant to section 1105 of title 31, United 

25 States Code. 


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1 (d) CONFORMING AMENDMENT.—Section 9505(c)(1) of 

2 the Internal Revenue Code of 1986 is amended by striking 

3 ‘‘(as in effect on the date of the enactment of the Water Re4 sources Development Act of 1996)’’. 

5 (e) SENSE OF CONGRESS.—It is the sense of Congress 

6 that any increase in harbor maintenance programs de7 scribed in this section shall result from an overall increase 

8 in appropriations for the civil works program of the Corps 

9 of Engineers and not from similar reductions in the appro10 priations for other programs, projects, and activities car11 ried out by the Corps of Engineers for other authorized pur12 poses. 

13 SEC. 202. ASSESSMENT AND PRIORITIZATION OF OPER14 ATION AND MAINTENANCE. 

15 (a) ASSESSMENT.—Section 210 of the Water Resources 

16 Development Act of 1986 (33 U.S.C. 2238) is amended by 

17 adding at the end the following: 

18 ‘‘(c) ASSESSMENT OF OPERATION AND MAINTENANCE

19 NEEDS.— 

20 ‘‘(1) IN GENERAL.—Not later than 90 days after 

21 the date of enactment of this subsection, and bienni22 ally thereafter, the Secretary shall assess the operation 

23 and maintenance needs of the harbors referred to in 

24 subsection (a)(2). 


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1 ‘‘(2) TYPES OF HARBORS.—In carrying out 

2 paragraph (1), the Secretary shall assess the oper3 ation and maintenance needs of the harbors used 

4 for— 

5 ‘‘(A) commercial navigation; 

6 ‘‘(B) commercial fishing; 

7 ‘‘(C) subsistence, including utilization by 

8 Indian tribes (as such term is defined in section 

9 4 of the Indian Self-Determination and Edu10 cation Assistance Act (25 U.S.C. 450b)) for sub11 sistence and ceremonial purposes; 

12 ‘‘(D) use as a harbor of refuge; 

13 ‘‘(E) transportation of persons; 

14 ‘‘(F) purposes relating to domestic energy 

15 production, including the fabrication, servicing, 

16 or supply of domestic offshore energy production 

17 facilities; 

18 ‘‘(G) activities of the Secretary of the de19 partment in which the Coast Guard is operating; 

20 ‘‘(H) public health and safety related equip21 ment for responding to coastal and inland emer22 gencies; 

23 ‘‘(I) recreation purposes; and 

24 ‘‘(J) any other authorized purpose. 


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1 ‘‘(3) REPORT TO CONGRESS.—For fiscal year 

2 2015, and biennially thereafter, in conjunction with 

3 the President’s annual budget submission to Congress 

4 under section 1105(a) of title 31, United States Code, 

5 the Secretary shall submit to the Committee on 

6 Transportation and Infrastructure of the House of 

7 Representatives and the Committee on Environment 

8 and Public Works of the Senate a report that, with 

9 respect to harbors referred to in subsection (a)(2)— 

10 ‘‘(A) identifies the operation and mainte11 nance costs associated with the harbors, includ12 ing those costs required to achieve and maintain 

13 the authorized length, width, and depth for the 

14 harbors, on a project-by-project basis; 

15 ‘‘(B) identifies the amount of funding re16 quested in the President’s budget for the oper17 ation and maintenance costs associated with the 

18 harbors, on a project-by-project basis; 

19 ‘‘(C) identifies the unmet operation and 

20 maintenance needs associated with the harbors, 

21 on a project-by-project basis; and 

22 ‘‘(D) identifies the harbors for which the 

23 President will allocate funding over the next 5 

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1 tivities, on a project-by-project basis, including 

2 the amounts to be allocated for such purposes.’’. 

3 (b) OPERATION AND MAINTENANCE OF EMERGING

4 HARBOR PROJECTS.—Section 210 of such Act (33 U.S.C. 

5 2238) is further amended by adding at the end the fol6 lowing: 

7 ‘‘(d) OPERATION AND MAINTENANCE OF EMERGING

8 HARBOR PROJECTS.— 

9 ‘‘(1) IN GENERAL.—To the maximum extent 

10 practicable, the Secretary shall make expenditures to 

11 pay for operation and maintenance costs of the har12 bors referred to in subsection (a)(2), including ex13 penditures of funds appropriated from the Harbor 

14 Maintenance Trust Fund, based on an equitable allo15 cation of funds among all such harbors, regardless of 

16 the size or tonnage throughput of the harbor. 

17 ‘‘(2) CRITERIA.—In determining the equitable 

18 allocation of funds under paragraph (1), the Sec19 retary shall— 

20 ‘‘(A) utilize the information obtained in the 

21 assessment conducted under subsection (c); 

22 ‘‘(B) consider the national and regional sig23 nificance of harbor operation and maintenance; 

24 and 


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1 ‘‘(C) not make such allocation based solely 

2 on the tonnage transiting through a harbor. 

3 ‘‘(3) EMERGING HARBORS.— 

4 ‘‘(A) IN GENERAL.—Notwithstanding para5 graph (1), in making expenditures described in 

6 paragraph (1) for each of fiscal years 2015 and 

7 2016, the Secretary shall allocate not less than 

8 10 percent of the total amount of the expendi9 tures to pay for operation and maintenance costs 

10 of emerging harbors. 

11 ‘‘(B) EMERGING HARBOR DEFINED.—In 

12 this paragraph, the term ‘emerging harbor’ 

13 means a harbor referred to in subsection (a)(2) 

14 that transits less than 1,000,000 tons of com15 merce annually. 

16 ‘‘(4) EMERGENCY EXPENDITURES.—Nothing in 

17 this subsection may be construed to prohibit the Sec18 retary from making an expenditure to pay for the op19 eration and maintenance costs of a specific harbor, 

20 including the transfer of funding from the operation 

21 and maintenance of a separate project, if— 

22 ‘‘(A) the Secretary determines that the ac23 tion is necessary to address the navigation needs 

24 of a harbor where safe navigation has been se25 verely restricted due to an unforeseen event; and 


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1 ‘‘(B) the Secretary provides advance notice 

2 and information on the need for the action to the 

3 Committee on Transportation and Infrastructure 

4 and the Committee on Appropriations of the 

5 House of Representatives and the Committee on 

6 Environment and Public Works and the Com7 mittee on Appropriations of the Senate. 

8 ‘‘(5) MANAGEMENT OF GREAT LAKES NAVIGATION

9 SYSTEM.—To sustain effective and efficient operation 

10 and maintenance of the Great Lakes Navigation Sys11 tem, including any navigation feature in the Great 

12 Lakes that is a Federal responsibility with respect to 

13 operation and maintenance, the Secretary shall man14 age and allocate funding for all of the individually 

15 authorized projects in the Great Lakes Navigation 

16 System as components of a single, comprehensive sys17 tem, recognizing the interdependence of the projects.’’. 

18 SEC. 203. PRESERVING UNITED STATES HARBORS. 

19 (a) IN GENERAL.—The Secretary may enter into an 

20 agreement with a non-Federal interest, at the request of the 

21 non-Federal interest, under which the Secretary agrees to 

22 maintain a navigation project for a harbor or inland har23 bor (in this section referred to as a ‘‘federally authorized 

24 harbor’’) in accordance with section 101(b) of the Water Re25 sources Development Act of 1986 (33 U.S.C. 2211(b)). 


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1 (b) REPORT BY NON-FEDERAL INTEREST.— 

2 (1) IN GENERAL.—To be eligible to enter into an 

3 agreement under subsection (a) with respect to a fed4 erally authorized harbor, a non-Federal interest shall 

5 submit to the Secretary a report justifying economic 

6 investment in maintenance of the harbor. 

7 (2) JUSTIFICATION OF INVESTMENT.—A report 

8 submitted under paragraph (1) may justify economic 

9 investment in the maintenance of a federally author10 ized harbor based on— 

11 (A) projected economic benefits, including 

12 transportation savings and job creation; and 

13 (B) other factors, including navigation safe14 ty, national security, and sustainability of sub15 sistence harbors. 

16 (3) TERMINATION OF CERTAIN AGREEMENTS.— 

17 An agreement entered into under subsection (a) with 

18 respect to a federally authorized harbor shall contain 

19 terms to allow the Secretary to terminate the agree20 ment if the Secretary determines that Federal eco21 nomic investment in maintaining the harbor is no 

22 longer justified. 

23 (c) LIMITATION ON STATUTORY CONSTRUCTION.— 

24 Nothing in this section may be construed to preclude the 

25 operation and maintenance of a federally authorized harbor 


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1 under section 101(b) of the Water Resources Development 

2 Act of 1986 (33 U.S.C. 2211(b)). 

3 SEC. 204. CONSOLIDATION OF DEEP DRAFT NAVIGATION 

4 EXPERTISE. 

5 Section 2033(e) of the Water Resources Development 

6 Act of 2007 (33 U.S.C. 2282a(e)) is amended by adding 

7 at the end the following: 

8 ‘‘(3) DEEP DRAFT NAVIGATION PLANNING CEN9 TER OF EXPERTISE.— 

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

11 consolidate deep draft navigation expertise with12 in the Corps of Engineers into a deep draft navi13 gation planning center of expertise. 

14 ‘‘(B) LIST.—Not later than 60 days after 

15 the date of the consolidation required under sub16 paragraph (A), the Secretary shall submit to the 

17 Committee on Transportation and Infrastructure 

18 of the House of Representatives and the Com19 mittee on Environment and Public Works of the 

20 Senate a list of personnel, including the grade 

21 levels and expertise of the personnel, assigned to 

22 the center described in subparagraph (A).’’. 

23 SEC. 205. DISPOSAL SITES. 

24 (a) IN GENERAL.—The Secretary, in accordance with 

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1 ministrator of the Environmental Protection Agency, is au2 thorized to reopen the Cape Arundel Disposal Site (in this 

3 section referred to as the ‘‘Site’’) as an alternative dredged 

4 material disposal site under section 103(b) of the Marine 

5 Protection, Research, and Sanctuaries Act of 1972 (33 

6 U.S.C. 1413(b)). 

7 (b) DEADLINE.—The Site may remain open under 

8 subsection (a) until the earlier of— 

9 (1) the date on which the Site does not have any 

10 remaining disposal capacity; 

11 (2) the date on which an environmental impact 

12 statement designating an alternative dredged material 

13 disposal site for southern Maine has been completed; 

14 or 

15 (3) the date that is 5 years after the date of en16 actment of this Act. 

17 (c) LIMITATIONS.—The use of the Site as a dredged 

18 material disposal site under subsection (a) shall be subject 

19 to the conditions that— 

20 (1) conditions at the Site remain suitable for the 

21 continued use of the Site as a dredged material dis22 posal site; and 

23 (2) the Site not be used for the disposal of more 

24 than 80,000 cubic yards from any single dredging 

25 project. 


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1 Subtitle B—Inland Waterways 

2 SEC. 211. DEFINITIONS. 

3 In this subtitle, the following definitions apply: 

4 (1) INLAND WATERWAYS TRUST FUND.—The 

5 term ‘‘Inland Waterways Trust Fund’’ means the In6 land Waterways Trust Fund established by section 

7 9506(a) of the Internal Revenue Code of 1986. 

8 (2) QUALIFYING PROJECT.—The term ‘‘quali9 fying project’’ means any construction or major reha10 bilitation project for navigation infrastructure of the 

11 inland and intracoastal waterways that is— 

12 (A) authorized before, on, or after the date 

13 of enactment of this Act; 

14 (B) not completed on the date of enactment 

15 of this Act; and 

16 (C) funded at least in part from the Inland 

17 Waterways Trust Fund. 

18 SEC. 212. PROJECT DELIVERY PROCESS REFORMS. 

19 (a) REQUIREMENTS FOR QUALIFYING PROJECTS.— 

20 With respect to each qualifying project, the Secretary shall 

21 require— 

22 (1) for each project manager, that— 

23 (A) the project manager have formal project 

24 management training and certification; and 


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1 (B) the project manager be assigned from 

2 among personnel certified by the Chief of Engi3 neers; and 

4 (2) for an applicable cost estimation, that— 

5 (A) the Secretary utilize a risk-based cost 

6 estimate with a confidence level of at least 80 

7 percent; and 

8 (B) the cost estimate be implemented— 

9 (i) for a qualifying project that re10 quires an increase in the authorized amount 

11 in accordance with section 902 of the Water 

12 Resources Development Act of 1986 (33 

13 U.S.C. 2280), during the preparation of a 

14 post-authorization change report or other 

15 similar decision document; 

16 (ii) for a qualifying project for which 

17 the first construction contract has not been 

18 awarded, prior to the award of the first 

19 construction contract; 

20 (iii) for a qualifying project without a 

21 completed feasibility report in accordance 

22 with section 905 of the Water Resources De23 velopment Act of 1986 (33 U.S.C. 2282), 

24 prior to the completion of such a report; 

25 and 


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1 (iv) for a qualifying project with a 

2 completed feasibility report in accordance 

3 with section 905 of the Water Resources De4 velopment Act of 1986 (33 U.S.C. 2282) 

5 that has not yet been authorized, during de6 sign for the qualifying project. 

7 (b) ADDITIONAL PROJECT DELIVERY PROCESS RE8 FORMS.—Not later than 18 months after the date of enact9 ment of this Act, the Secretary shall— 

10 (1) establish a system to identify and apply on 

11 a continuing basis best management practices from 

12 prior or ongoing qualifying projects to improve the 

13 likelihood of on-time and on-budget completion of 

14 qualifying projects; 

15 (2) evaluate early contractor involvement acqui16 sition procedures to improve on-time and on-budget 

17 project delivery performance; and 

18 (3) implement any additional measures that the 

19 Secretary determines will achieve the purposes of this 

20 subtitle, including— 

21 (A) the implementation of applicable prac22 tices and procedures developed pursuant to man23 agement by the Secretary of an applicable mili24 tary construction program; 


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1 (B) the development and use of a portfolio 

2 of standard designs for inland navigation locks; 

3 (C) the use of full-funding contracts or for4 mulation of a revised continuing contracts 

5 clause; and 

6 (D) the establishment of procedures for rec7 ommending new project construction starts using 

8 a capital projects business model. 

9 (c) PILOT PROJECTS.— 

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

11 Secretary may carry out pilot projects to evaluate 

12 processes and procedures for the study, design, and 

13 construction of qualifying projects. 

14 (2) INCLUSIONS.—At a minimum, the Secretary 

15 shall carry out pilot projects under this subsection to 

16 evaluate— 

17 (A) early contractor involvement in the de18 velopment of features and components; 

19 (B) an appropriate use of continuing con20 tracts for the construction of features and compo21 nents; and 

22 (C) applicable principles, procedures, and 

23 processes used for military construction projects. 


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1 (d) INLAND WATERWAYS USER BOARD.—Section 302 

2 of the Water Resources Development Act of 1986 (33 U.S.C. 

3 2251) is amended— 

4 (1) by striking subsection (b) and inserting the 

5 following: 

6 ‘‘(b) DUTIES OF USERS BOARD.— 

7 ‘‘(1) IN GENERAL.—The Users Board shall meet 

8 not less frequently than semiannually to develop and 

9 make recommendations to the Secretary and Congress 

10 regarding the inland waterways and inland harbors 

11 of the United States. 

12 ‘‘(2) ADVICE AND RECOMMENDATIONS.—For 

13 commercial navigation features and components of 

14 the inland waterways and inland harbors of the 

15 United States, the Users Board shall provide— 

16 ‘‘(A) prior to the development of the budget 

17 proposal of the President for a given fiscal year, 

18 advice and recommendations to the Secretary re19 garding construction and rehabilitation prior20 ities and spending levels; 

21 ‘‘(B) advice and recommendations to Con22 gress regarding any completed feasibility report 

23 in accordance with section 905 of the Water Re24 sources Development Act of 1986 (33 U.S.C. 

25 2282) relating to those features and components; 


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1 ‘‘(C) advice and recommendations to Con2 gress regarding an increase in the authorized 

3 cost of those features and components; 

4 ‘‘(D) not later than 60 days after the date 

5 of the submission of the budget proposal of the 

6 President to Congress, advice and recommenda7 tions to Congress regarding construction and re8 habilitation priorities and spending levels; and 

9 ‘‘(E) advice and recommendations on the 

10 development of a long-term capital investment 

11 program in accordance with subsection (d). 

12 ‘‘(3) PROJECT DEVELOPMENT TEAMS.—The 

13 chairperson of the Users Board shall appoint a rep14 resentative of the Users Board to serve as an informal 

15 advisor to the project development team for a quali16 fying project or the study or design of a commercial 

17 navigation feature or component of the inland water18 ways and inland harbors of the United States. 

19 ‘‘(4) INDEPENDENT JUDGMENT.—Any advice or 

20 recommendation made by the Users Board to the Sec21 retary shall reflect the independent judgment of the 

22 Users Board.’’; 

23 (2) by striking subsection (c) and inserting the 

24 following: 

25 ‘‘(c) DUTIES OF SECRETARY.—The Secretary shall— 


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1 ‘‘(1) communicate not less than once each quar2 ter to the Users Board the status of the study, design, 

3 or construction of all commercial navigation features 

4 or components of the inland waterways or inland 

5 harbors of the United States; and 

6 ‘‘(2) submit to the Users Board a courtesy copy 

7 of all completed feasibility reports relating to a com8 mercial navigation feature or component of the in9 land waterways or inland harbors of the United 

10 States. 

11 ‘‘(d) CAPITAL INVESTMENT PROGRAM.— 

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

13 the date of enactment of this subsection, the Secretary, 

14 in coordination with the Users Board, shall develop 

15 and submit to Congress a report describing a 20-year 

16 program for making capital investments on the in17 land and intracoastal waterways based on the appli18 cation of objective, national project selection 

19 prioritization criteria. 

20 ‘‘(2) CONSIDERATION.—In developing the pro21 gram under paragraph (1), the Secretary shall take 

22 into consideration the 20-year capital investment 

23 strategy contained in the Inland Marine Transpor24 tation System (IMTS) Capital Projects Business 


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1 Model, Final Report published on April 13, 2010, as 

2 approved by the Users Board. 

3 ‘‘(3) CRITERIA.—In developing the plan and 

4 prioritization criteria under paragraph (1), the Sec5 retary shall ensure, to the maximum extent prac6 ticable, that investments made under the 20-year pro7 gram described in paragraph (1)— 

8 ‘‘(A) are made in all geographical areas of 

9 the inland waterways system; and 

10 ‘‘(B) ensure efficient funding of inland wa11 terways projects. 

12 ‘‘(4) STRATEGIC REVIEW AND UPDATE.—Not 

13 later than 5 years after the date of enactment of this 

14 subsection, and not less frequently than once every 5 

15 years thereafter, the Secretary, in coordination with 

16 the Users Board, shall— 

17 ‘‘(A) submit to Congress a strategic review 

18 of the 20-year program in effect under this sub19 section, which shall identify and explain any 

20 changes to the project-specific recommendations 

21 contained in the previous 20-year program (in22 cluding any changes to the prioritization criteria 

23 used to develop the updated recommendations); 

24 and 


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1 ‘‘(B) make revisions to the program, as ap2 propriate. 

3 ‘‘(e) PROJECT MANAGEMENT PLANS.—The chairperson 

4 of the Users Board and the project development team mem5 ber appointed by the chairperson under subsection (b)(3) 

6 may sign the project management plan for the qualifying 

7 project or the study or design of a commercial navigation 

8 feature or component of the inland waterways and inland 

9 harbors of the United States. 

10 ‘‘(f) ADMINISTRATION.—The Users Board shall be sub11 ject to the Federal Advisory Committee Act, other than sec12 tion 14, and, with the consent of the appropriate agency 

13 head, the Users Board may use the facilities and services 

14 of any Federal agency. For the purposes of complying with 

15 such Act, the members of the Users Board shall not be con16 sidered special Government employees (as defined in section 

17 202 of title 18, United States Code). Non-Federal members 

18 of the Users Board while engaged in the performance of 

19 their duties away from their homes or regular places of 

20 business, may be allowed travel expenses, including per 

21 diem in lieu of subsistence, as authorized by section 5703 

22 of title 5, United States Code.’’. 

23 SEC. 213. EFFICIENCY OF REVENUE COLLECTION. 

24 Not later than 2 years after the date of enactment of 

25 this Act, the Comptroller General of the United States shall 


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1 prepare a report on the efficiency of collecting the fuel tax 

2 for the Inland Waterways Trust Fund, which shall in3 clude— 

4 (1) an evaluation of whether current methods of 

5 collection of the fuel tax result in full compliance with 

6 requirements of the law; 

7 (2) whether alternative methods of collection 

8 would result in increased revenues into the Inland 

9 Waterways Trust Fund; and 

10 (3) an evaluation of alternative collection op11 tions. 

12 SEC. 214. INLAND WATERWAYS REVENUE STUDIES. 

13 (a) INLAND WATERWAYS CONSTRUCTION BONDS

14 STUDY.— 

15 (1) STUDY.—The Secretary, in coordination 

16 with the Secretary of the Treasury, shall conduct a 

17 study on the feasibility of authorizing the issuance of 

18 federally tax-exempt bonds secured against the avail19 able proceeds, including projected annual receipts, in 

20 the Inland Waterways Trust Fund established by sec21 tion 9506(a) of the Internal Revenue Code of 1986. 

22 (2) CONTENTS.—In carrying out the study, the 

23 Secretary and the Secretary of the Treasury shall ex24 amine the implications of issuing such bonds, includ25 ing the potential revenues that could be generated and 


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1 the projected net cost to the Treasury, including loss 

2 of potential revenue. 

3 (3) CONSULTATION.—In carrying out the study, 

4 the Secretary and the Secretary of the Treasury, at 

5 a minimum, shall consult with— 

6 (A) representatives of the Inland Waterway 

7 Users Board established by section 302 of the 

8 Water Resources Development Act of 1986 (33 

9 U.S.C. 2251); 

10 (B) representatives of the commodities and 

11 bulk cargos that are currently shipped for com12 mercial purposes on the segments of the inland 

13 and intracoastal waterways listed in section 206 

14 of the Inland Waterways Revenue Act of 1978 

15 (33 U.S.C. 1804); 

16 (C) representatives of other users of locks 

17 and dams on the inland and intracoastal water18 ways, including persons owning, operating, 

19 using, or otherwise benefitting from— 

20 (i) hydropower generation facilities; 

21 (ii) electric utilities that rely on the 

22 waterways for cooling of existing electricity 

23 generation facilities; 

24 (iii) municipal and industrial water 

25 supply; 


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1 (iv) recreation; 

2 (v) irrigation water supply; or 

3 (vi) flood damage reduction; 

4 (D) other stakeholders associated with the 

5 inland and intracoastal waterways, as identified 

6 by the Secretary or the Secretary of the Treas7 ury; and 

8 (E) the heads of other appropriate Federal 

9 agencies, including the Secretary of Transpor10 tation, the Secretary of the Interior, and the Ad11 ministrator of the Environmental Protection 

12 Agency. 

13 (4) REPORT TO CONGRESS.—Not later than 1 

14 year after the date of enactment of this Act, the Sec15 retary and the Secretary of the Treasury shall submit 

16 a joint report on the results of the study to— 

17 (A) the Committee on Transportation and 

18 Infrastructure, the Committee on Ways and 

19 Means, and the Committee on the Budget of the 

20 House of Representatives; and 

21 (B) the Committee on Environment and 

22 Public Works, the Committee on Finance, and 

23 the Committee on the Budget of the Senate. 


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1 (b) POTENTIAL FEES FOR BENEFICIARIES AND USERS

2 OF INLAND AND INTRACOASTAL WATERWAYS INFRASTRUC3 TURE.— 

4 (1) IN GENERAL.—The Secretary shall conduct a 

5 study and submit to Congress a report on potential 

6 user fees and revenues from other sources that could 

7 be collected to generate additional revenues for the In8 land Waterways Trust Fund established by section 

9 9506(a) of the Internal Revenue Code of 1986. 

10 (2) SCOPE OF STUDY.— 

11 (A) IN GENERAL.—In carrying out the 

12 study, the Secretary shall evaluate an array of 

13 potential user fees and other revenues options 

14 that, when combined with funds generated by 

15 section 4042 of the Internal Revenue Code of 

16 1986, are sufficient to support one-half of annual 

17 construction expenditure levels of $380,000,000 

18 for the authorized purposes of the Inland Water19 ways Trust Fund. 

20 (B) POTENTIAL REVENUE OPTIONS FOR

21 STUDY.—In carrying out the study, the Sec22 retary, at a minimum, shall evaluate potential 

23 user fees and other revenue options identified 

24 in— 


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1 (i) the report of the Congressional 

2 Budget Office entitled ‘‘Paying for High3 ways, Airways, and Waterways: How Can 

4 Users Be Charged?’’, dated May 1, 1992; 

5 (ii) the draft bill submitted by the As6 sistant Secretary of the Army (Civil Works) 

7 to Congress entitled the ‘‘Lock User Fee Act 

8 of 2008’’, dated April 4, 2008; 

9 (iii) the Inland Marine Transportation 

10 System (IMTS) Capital Projects Business 

11 Model, Final Report, published on April 12, 

12 2010, as approved by the Inland Waterways 

13 Users Board established by section 302 of 

14 the Water Resources Development Act of 

15 1986 (33 U.S.C. 2251); and 

16 (iv) the draft bill submitted by the 

17 President to Congress entitled the ‘‘Inland 

18 Waterways Capital Investment Act of 

19 2011’’, dated September 2011. 

20 (3) CONDUCT OF STUDY.—In carrying out the 

21 study, the Secretary shall— 

22 (A) take into consideration whether the po23 tential user fees and revenues from other 

24 sources— 


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1 (i) are equitably associated with the 

2 construction, operation, and maintenance of 

3 inland and intracoastal waterway infra4 structure, including locks, dams, and navi5 gation channels; and 

6 (ii) can be efficiently collected; 

7 (B) consult with, at a minimum— 

8 (i) representatives of the Inland Water9 ways Users Board; and 

10 (ii) representatives of other nonnaviga11 tion beneficiaries of inland and intracoastal 

12 waterway infrastructure, including persons 

13 benefitting from— 

14 (I) municipal water supply; 

15 (II) hydropower; 

16 (III) recreation; 

17 (IV) industrial water supply; 

18 (V) flood damage reduction; 

19 (VI) agricultural water supply; 

20 (VII) environmental restoration; 

21 (VIII) local and regional eco22 nomic development; or 

23 (IX) local real estate interests; 

24 and 


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1 (iii) representatives of other interests, 

2 as identified by the Secretary; and 

3 (C) provide the opportunity for public hear4 ings in each of the geographic regions that con5 tain segments of the inland and intracoastal wa6 terways listed in section 206 of the Inland Wa7 terways Revenue Act of 1978 (33 U.S.C. 1804). 

8 (4) REPORT TO CONGRESS.—Not later than 1 

9 year after the date of enactment of this Act, the Sec10 retary shall submit a report on the results of the 

11 study to— 

12 (A) the Committee on Transportation and 

13 Infrastructure, the Committee on Ways and 

14 Means, and the Committee on the Budget of the 

15 House of Representatives; and 

16 (B) the Committee on Environment and 

17 Public Works, the Committee on Finance, and 

18 the Committee on the Budget of the Senate. 

19 SEC. 215. INLAND WATERWAYS STAKEHOLDER ROUND20 TABLE. 

21 (a) IN GENERAL.—The Secretary shall conduct an in22 land waterways stakeholder roundtable to provide for a re23 view and evaluation of alternative approaches— 

24 (1) to address the financial needs of the Inland 

25 Waterways Trust Fund; and 


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1 (2) to support the water infrastructure needs of 

2 the Inland Waterways System. 

3 (b) SELECTION OF PARTICIPANTS.— 

4 (1) IN GENERAL.—Not later than 45 days after 

5 the date on which the Secretary submits to Congress 

6 the report required by section 214(b), the Secretary 

7 shall select individuals to be invited to participate in 

8 the stakeholder roundtable. 

9 (2) COMPOSITION.—The individuals selected 

10 under paragraph (1) shall include— 

11 (A) representatives of affected shippers and 

12 suppliers; 

13 (B) representatives of State and Federal 

14 water managers; and 

15 (C) other interested persons with direct 

16 knowledge of the Inland Waterways System. 

17 (c) FRAMEWORK AND AGENDA.—The Secretary shall 

18 work with a group of the individuals selected under sub19 section (b) to develop the framework and agenda for the 

20 stakeholder roundtable. 

21 (d) CONDUCT OF STAKEHOLDER ROUNDTABLE.— 

22 (1) IN GENERAL.—Not later than 120 days after 

23 the date on which the Secretary submits to Congress 

24 the report required by section 214(b), the Secretary 

25 shall conduct the stakeholder roundtable. 


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1 (2) ISSUES TO BE DISCUSSED.—The stakeholder 

2 roundtable shall provide for the review and evaluation 

3 described in subsection (a) and shall include the fol4 lowing: 

5 (A) An evaluation of alternatives that have 

6 been developed to address funding options for the 

7 Inland Waterways System. 

8 (B) An evaluation of the funding status of 

9 the Inland Waterways Trust Fund. 

10 (C) Prioritization of the ongoing and pro11 jected water infrastructure needs of the Inland 

12 Waterways System. 

13 (D) Identification of a process forward for 

14 meeting such needs, with timeline for addressing 

15 the funding challenges for the inland waterways 

16 trust system. 

17 (e) REPORT TO CONGRESS.—Not later than 180 days 

18 after the date on which the Secretary submits to Congress 

19 the report required by section 214(b), the Secretary shall 

20 submit to Congress a report that contains— 

21 (1) a summary the stakeholder roundtable, in22 cluding areas of concurrence on funding approaches 

23 and areas or disagreement in meeting funding needs; 

24 and 


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1 (2) recommendations developed by the Secretary 

2 for logical next steps to address the issues discussed 

3 at the stakeholder roundtable. 

4 SEC. 216. PRESERVING THE INLAND WATERWAY TRUST 

5 FUND. 

6 (a) OLMSTED PROJECT REFORM.— 

7 (1) IN GENERAL.—Notwithstanding section 

8 102(a) of the Water Resources Development Act of 

9 1986 (33 U.S.C. 2212(a)), for each fiscal year begin10 ning after the date of enactment of this Act, 25 per11 cent of the cost of construction for the Olmsted Project 

12 shall be paid from amounts appropriated from the In13 land Waterways Trust Fund. 

14 (2) DEFINITION.—In this subsection the term 

15 ‘‘Olmsted Project’’ means the project for navigation, 

16 Lower Ohio River, Locks 52 and 53, Illinois and 

17 Kentucky, authorized by section 3(a)(6) of the Water 

18 Resources Development Act of 1988 (102 Stat. 4013). 

19 (3) SENSE OF CONGRESS.—It is the sense of 

20 Congress that the appropriation for the Olmsted 

21 project should be not less than $150,000,000 for each 

22 fiscal year until construction of the project is com23 pleted. 

24 (4) REPORT.—Not later than 1 year after the 

25 date of enactment of this Act, the Secretary shall subVerDate Mar 15 2010 20:52 Oct 21, 2013 Jkt 039200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6203 E:\BILLS\H3080.RH H3080

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1 mit a report to the Committee on Transportation and 

2 Infrastructure of the House of Representatives and the 

3 Committee on Environment and Public Works of the 

4 Senate regarding the lessons learned from the experi5 ence of planning and constructing the Olmsted Project 

6 and how such lessons might apply to future inland 

7 waterway studies and projects. 

8 (b) ANNUAL REPORT ON PROGRESS AND COSTS.—For 

9 any inland waterways project that the Secretary carries out 

10 that has an estimated total cost of $500,000,000 or more, 

11 the Secretary shall submit to the congressional committees 

12 referred to in subsection (a)(4) an annual financial plan 

13 for the project. The plan shall be based on detailed annual 

14 estimates of the cost to complete the remaining elements of 

15 the project and on reasonable assumptions, as determined 

16 by the Secretary, of any future increases of the cost to com17 plete the project. 

18 SEC. 217. PUBLIC COMMENT ON LOCK OPERATIONS. 

19 At least 90 days before carrying out a proposed modi20 fication to the operation of a lock at a project for navigation 

21 on the inland waterways, the Secretary shall— 

22 (1) provide notice of the proposed modification 

23 in the Federal Register; and 

24 (2) accept public comments on the proposed 

25 modification. 


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1 SEC. 218. ASSESSMENT OF OPERATION AND MAINTENANCE 

2 NEEDS OF THE ATLANTIC INTRACOASTAL WA3 TERWAY AND THE GULF INTRACOASTAL WA4 TERWAY. 

5 (a) IN GENERAL.—Not later than 90 days after the 

6 date of enactment of this Act, the Secretary shall assess the 

7 operation and maintenance needs of the Atlantic Intra8 coastal Waterway and the Gulf Intracoastal Waterway. 

9 (b) TYPES OF ACTIVITIES.—In carrying out subsection 

10 (a), the Secretary shall assess the operation and mainte11 nance needs of the Atlantic Intracoastal Waterway and the 

12 Gulf Intracoastal Waterway as used for the following pur13 poses: 

14 (1) Commercial navigation. 

15 (2) Commercial fishing. 

16 (3) Subsistence, including utilization by Indian 

17 tribes (as such term is defined by section 4 of the In18 dian Self-Determination and Education Assistance 

19 Act (25 U.S.C. 450b)) for subsistence and ceremonial 

20 purposes. 

21 (4) Use as ingress and egress to harbors of ref22 uge. 

23 (5) Transportation of persons. 

24 (6) Purposes relating to domestic energy produc25 tion, including fabrication, servicing, and supply of 

26 domestic offshore energy production facilities. 


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1 (7) Activities of the Secretary of the department 

2 in which the Coast Guard is operating. 

3 (8) Public health and safety related equipment 

4 for responding to coastal and inland emergencies. 

5 (9) Recreation purposes. 

6 (10) Any other authorized purpose. 

7 (c) REPORT TO CONGRESS.—For fiscal year 2015, and 

8 biennially thereafter, in conjunction with the President’s 

9 annual budget submission to Congress under section 

10 1105(a) of title 31, United States Code, the Secretary shall 

11 submit to the Committee on Transportation and Infrastruc12 ture of the House of Representatives and the Committee on 

13 Environment and Public Works of the Senate a report that, 

14 with respect to the Atlantic Intracoastal Waterway and the 

15 Gulf Intracoastal Waterway— 

16 (1) identifies the operation and maintenance 

17 costs required to achieve the authorized length, width, 

18 and depth; 

19 (2) identifies the amount of funding requested in 

20 the President’s budget for operation and maintenance 

21 costs; and 

22 (3) identifies the unmet operation and mainte23 nance needs of the Atlantic Intracoastal Waterway 

24 and the Gulf Intracoastal Waterway. 


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1 SEC. 219. UPPER MISSISSIPPI RIVER PROTECTION. 

2 (a) ECONOMIC IMPACT STUDY.—Not later than 180 

3 days after the date of enactment of this Act, the Secretary 

4 shall conduct a study and submit to Congress a report on 

5 the impact of closing the Upper St. Anthony Falls Lock 

6 and Dam on the economy and the environment, including 

7 an assessment of the annual average tonnage moving 

8 through the Upper St. Anthony Falls Lock and Dam during 

9 the preceding 5 years. 

10 (b) MANDATORY CLOSURE.—Not later than 1 year 

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

12 close the Upper St. Anthony Falls Lock and Dam if the 

13 Secretary determines pursuant to the study conducted 

14 under subsection (a), or based on other appropriate infor15 mation made available to the Secretary, that the annual 

16 average tonnage moving through the Upper St. Anthony 

17 Falls Lock and Dam during the preceding 5 years was not 

18 more than 1,500,000 tons. 

19 (c) EMERGENCY OPERATIONS.—Nothing in this sec20 tion may be construed to prevent the Secretary from car21 rying out emergency lock operations necessary to mitigate 

22 flood damage. 

23 (d) UPPER ST. ANTHONY FALLS LOCK AND DAM DE24 FINED.—In this section, the term ‘‘Upper St. Anthony Falls 

25 Lock and Dam’’ means the lock and dam located on Mis26 sissippi River Mile 853.9 in Minneapolis, Minnesota. 


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1 SEC. 220. CORPS OF ENGINEERS LOCK AND DAM ENERGY 

2 DEVELOPMENT. 

3 Section 1117 of the Water Resources Development Act 

4 of 1986 (100 Stat. 4236) is amended to read as follows: 

5 ‘‘SEC. 1117. W.D. MAYO LOCK AND DAM. 

6 ‘‘(a) IN GENERAL.—The Cherokee Nation of Oklahoma 

7 may— 

8 ‘‘(1) design and construct one or more hydro9 electric generating facilities at the W.D. Mayo Lock 

10 and Dam on the Arkansas River, Oklahoma; and 

11 ‘‘(2) market the electricity generated from any 

12 such facility. 

13 ‘‘(b) PRECONSTRUCTION REQUIREMENTS.— 

14 ‘‘(1) PERMITS.—Before the date on which con15 struction of a hydroelectric generating facility begins 

16 under subsection (a), the Cherokee Nation shall obtain 

17 any permit required under Federal or State law, ex18 cept that the Cherokee Nation shall be exempt from li19 censing requirements that may otherwise apply to 

20 construction, operation, or maintenance of the facility 

21 under the Federal Power Act (16 U.S.C. 791a et seq.). 

22 ‘‘(2) REVIEW OF PLANS AND SPECIFICATIONS.— 

23 The Cherokee Nation may initiate the design or con24 struction of a hydroelectric generating facility under 

25 subsection (a) only after the Secretary reviews and 


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1 approves the plans and specifications for the design 

2 and construction. 

3 ‘‘(c) PAYMENT OF DESIGN AND CONSTRUCTION

4 COSTS.— 

5 ‘‘(1) IN GENERAL.—The Secretary may accept 

6 funds offered by the Cherokee Nation and use such 

7 funds to carry out the design and construction of a 

8 hydroelectric generating facility under subsection (a). 

9 ‘‘(2) ALLOCATION OF COSTS.—The Cherokee Na10 tion shall— 

11 ‘‘(A) bear all costs associated with the de12 sign and construction of a hydroelectric gener13 ating facility under subsection (a); and 

14 ‘‘(B) provide any funds necessary for the 

15 design and construction to the Secretary prior to 

16 the Secretary initiating any activities related to 

17 the design and construction. 

18 ‘‘(d) ASSUMPTION OF LIABILITY.—The Cherokee Na19 tion shall— 

20 ‘‘(1) hold all title to a hydroelectric generating 

21 facility constructed under subsection (a) and may, 

22 subject to the approval of the Secretary, assign such 

23 title to a third party; 

24 ‘‘(2) be solely responsible for— 


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1 ‘‘(A) the operation, maintenance, repair, re2 placement, and rehabilitation of the facility; and 

3 ‘‘(B) the marketing of the electricity gen4 erated by the facility; and 

5 ‘‘(3) release and indemnify the United States 

6 from any claims, causes of action, or liabilities that 

7 may arise out of any activity undertaken to carry out 

8 this section. 

9 ‘‘(e) ASSISTANCE AVAILABLE.—The Secretary may 

10 provide technical and construction management assistance 

11 requested by the Cherokee Nation relating to the design and 

12 construction of a hydroelectric generating facility under 

13 subsection (a). 

14 ‘‘(f) THIRD PARTY AGREEMENTS.—The Cherokee Na15 tion may enter into agreements with the Secretary or a 

16 third party that the Cherokee Nation or the Secretary deter17 mines are necessary to carry out this section.’’. 

18 TITLE III—DEAUTHORIZATIONS 

19 AND BACKLOG PREVENTION 

20 SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS. 

21 (a) PURPOSES.—The purposes of this section are— 

22 (1) to identify $12,000,000,000 in water re23 sources development projects authorized by Congress 

24 that are no longer viable for construction due to— 

25 (A) a lack of local support; 


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1 (B) a lack of available Federal or non-Fed2 eral resources; or 

3 (C) an authorizing purpose that is no 

4 longer relevant or feasible; 

5 (2) to create an expedited and definitive process 

6 to deauthorize water resources development projects 

7 that are no longer viable for construction; and 

8 (3) to allow the continued authorization of water 

9 resources development projects that are viable for con10 struction. 

11 (b) DEAUTHORIZATION OF PROJECTS AUTHORIZED

12 BEFORE WRDA 2007.— 

13 (1) IN GENERAL.—Not later than 90 days after 

14 the date of enactment of this Act, the Secretary shall 

15 submit to the Committee on Transportation and In16 frastructure of the House of Representatives and the 

17 Committee on Environment and Public Works of the 

18 Senate, and shall publish in the Federal Register, a 

19 report that lists each authorized water resources devel20 opment project, or separable element of a project, au21 thorized for construction before November 8, 2007— 

22 (A) for which— 

23 (i) construction was not initiated be24 fore the date of enactment of this Act; or 


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1 (ii) construction was initiated before 

2 the date of enactment of this Act, but for 

3 which no funds, Federal or non-Federal, 

4 were obligated for construction of the project 

5 or separable element during the 5-year pe6 riod ending on July 1, 2013; and 

7 (B) that is identified in accordance with 

8 paragraph (3). 

9 (2) SPECIAL RULE FOR ONGOING CONSTRUC10 TION.—A project or separable element shall not be 

11 listed pursuant to paragraph (1)(A)(ii) if the project 

12 or separable element is being constructed as of the 

13 date of enactment of this Act. 

14 (3) IDENTIFICATION OF PROJECTS.— 

15 (A) IN GENERAL.—The Secretary shall 

16 identify in the report submitted under para17 graph (1) projects and separable elements that— 

18 (i) meet the requirements described in 

19 subparagraph (A) of that paragraph; and 

20 (ii) in the aggregate have an estimated 

21 Federal cost to complete (as of the date of 

22 the report) that is at least $12,000,000,000. 

23 (B) SEQUENCING OF PROJECTS.—In identi24 fying projects and separable elements under sub25 paragraph (A), the Secretary shall identify 


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1 projects and separable elements according to the 

2 order in which the projects and separable ele3 ments were authorized, beginning with the ear4 liest authorized projects and separable elements 

5 and ending upon the aggregate estimated Federal 

6 cost to complete for the projects and separable 

7 elements identified satisfying the requirement 

8 under subparagraph (A)(ii). 

9 (4) CONGRESSIONAL REVIEW PERIOD; DE10 AUTHORIZATION.—After the expiration of the 180-day 

11 period beginning on the date of the submission of the 

12 report under this subsection, any project or separable 

13 element identified in that report is hereby deauthor14 ized, unless during such period the non-Federal inter15 est for the project or separable element provides, 

16 under Federal law, all funds necessary to complete the 

17 project or separable element. 

18 (c) TREATMENT OF PROJECT MODIFICATIONS.—For 

19 purposes of this section, if an authorized water resources 

20 development project or separable element has been modified 

21 in an Act of Congress, the date of the authorization of the 

22 project or separable element shall be deemed to be the date 

23 of the most recent such modification. 


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1 SEC. 302. REVIEW OF CORPS OF ENGINEERS ASSETS. 

2 (a) ASSESSMENT AND INVENTORY.—Not later than 1 

3 year after the date of enactment of this Act, the Secretary 

4 shall conduct an assessment of all properties under the con5 trol of the Corps of Engineers and develop an inventory 

6 of the properties that are not needed for the missions of the 

7 Corps of Engineers. 

8 (b) CRITERIA.—In conducting the assessment and de9 veloping the inventory under subsection (a), the Secretary 

10 shall use the following criteria: 

11 (1) The extent to which the property aligns with 

12 the current missions of the Corps of Engineers. 

13 (2) The economic impact of the property on ex14 isting communities in the vicinity of the property. 

15 (3) The extent to which the utilization rate for 

16 the property is being maximized and is consistent 

17 with nongovernmental industry standards for the 

18 given function or operation. 

19 (4) The extent to which the reduction or elimi20 nation of the property could reduce operation and 

21 maintenance costs of the Corps of Engineers. 

22 (5) The extent to which the reduction or elimi23 nation of the property could reduce energy consump24 tion by the Corps of Engineers. 

25 (c) NOTIFICATION.—As soon as practicable following 

26 completion of the inventory of properties under subsection 


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1 (a), the Secretary shall provide the inventory to the Admin2 istrator of General Services. 

3 (d) REPORT TO CONGRESS.—Not later than 30 days 

4 after the date of the notification under subsection (c), the 

5 Secretary shall submit to the Committee on Transportation 

6 and Infrastructure of the House of Representatives and the 

7 Committee on Environment and Public Works of the Senate 

8 a report containing the findings of the Secretary with re9 spect to the assessment and inventory required under sub10 section (a). 

11 SEC. 303. BACKLOG PREVENTION. 

12 (a) PROJECT DEAUTHORIZATION.— 

13 (1) IN GENERAL.—A water resources develop14 ment project, or separable element of such a project, 

15 authorized for construction by this Act shall not be 

16 authorized after the last day of the 7-year period be17 ginning on the date of enactment of this Act unless 

18 during that period funds have been obligated for con19 struction of such project. 

20 (2) IDENTIFICATION OF PROJECTS.—Not later 

21 than 60 days after the expiration of the 7-year period 

22 referred to in paragraph (1), the Secretary shall sub23 mit to the Committee on Transportation and Infra24 structure of the House of Representatives and the 

25 Committee on Environment and Public Works of the 


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1 Senate a report that identifies the projects deauthor2 ized under paragraph (1). 

3 (b) REPORT TO CONGRESS.—Not later than 60 days 

4 after the expiration of the 12-year period beginning on the 

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

6 to the Committee on Transportation and Infrastructure of 

7 the House of Representatives and the Committee on Envi8 ronment and Public Works of the Senate a report that con9 tains— 

10 (1) a list of any water resources development 

11 projects authorized by this Act for which construction 

12 has not been completed during that period; 

13 (2) a description of the reasons the projects were 

14 not completed; and 

15 (3) a schedule for the completion of the projects 

16 based on expected levels of appropriations. 

17 SEC. 304. DEAUTHORIZATIONS. 

18 (a) IN GENERAL.—The following projects are not au19 thorized after the date of enactment of this Act: 

20 (1) WALNUT CREEK (PACHECO CREEK), CALI21 FORNIA.—The portions of the project for flood protec22 tion on Walnut Creek, California, constructed under 

23 section 203 of the Flood Control Act of 1960 (Public 

24 Law 86–645; 74 Stat. 488), consisting of the Walnut 

25 Creek project from Sta 0+00 to Sta 142+00 and the 


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1 upstream extent of the Walnut Creek project along 

2 Pacheco Creek from Sta 0+00 to Sta 73+50. 

3 (2) WALNUT CREEK (SAN RAMON CREEK), CALI4 FORNIA.—The portion of the project for flood protec5 tion on Walnut Creek, California, constructed under 

6 section 203 of the Flood Control Act of 1960 (Public 

7 Law 86–645; 74 Stat. 488), consisting of the culvert 

8 constructed by the Department of the Army on San 

9 Ramon Creek from Sta 4+27 to Sta 14+27. 

10 (3) HILLSBOROUGH (HILLSBORO) BAY AND

11 RIVER, FLORIDA.—Those portions of the project for 

12 navigation, Hillsborough (Hillsboro) Bay and River, 

13 Florida, authorized by the Act of March 3, 1899 (30 

14 Stat. 1126; chapter 425), that extend on either side of 

15 the Hillsborough River from the Kennedy Boulevard 

16 bridge to the mouth of the river that cause the exist17 ing channel to exceed 100 feet in width. 

18 (4) KAHULUI WASTEWATER RECLAMATION FACIL19 ITY, MAUI, HAWAII.—The project carried out pursuant 

20 to the authority provided by section 14 of the Flood 

21 Control Act of 1946 (33 U.S.C. 701r) to provide 

22 shoreline protection for the Kahului Wastewater Rec23 lamation Facility, located on the Island of Maui in 

24 the State of Hawaii. 


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1 (5) CHICAGO HARBOR, ILLINOIS.—The portion of 

2 the project for navigation, Chicago Harbor, Illinois, 

3 authorized by the first section of the Act of March 3, 

4 1899 (30 Stat. 1129; chapter 425), and the first sec5 tion of the Act of March 2, 1919 (40 Stat. 1283; chap6 ter 95), and described as follows: 

7 (A) Beginning at the southwest corner of 

8 Metropolitan Sanitary District of Greater Chi9 cago sluice gate that abuts the north wall of the 

10 Chicago River Lock. 

11 (B) Thence running north for approxi12 mately 290 feet. 

13 (C) Thence running east approximately 

14 1,000 feet. 

15 (D) Thence running south approximately 

16 290 feet. 

17 (E) Thence running west approximately 

18 1,000 feet to the point of origin. 

19 (6) LUCAS-BERG PIT, ILLINOIS WATERWAY AND

20 GRANT CALUMET RIVER, ILLINOIS.—The portion of the 

21 project for navigation, Illinois Waterway and Grand 

22 Calumet River, Illinois, authorized by the first section 

23 of the Act entitled ‘‘An Act authorizing the construc24 tion of certain public works on rivers and harbors for 

25 flood control, and for other purposes’’, approved July 


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1 24, 1946 (60 Stat. 636; chapter 596), that consists of 

2 the Lucas-Berg Pit confined disposal facility, Illinois. 

3 (7) ROCKLAND HARBOR, MAINE.—The portion of 

4 the project for navigation, Rockland Harbor, Maine, 

5 authorized by the Act entitled ‘‘An Act making appro6 priations for the construction, repair, and preserva7 tion of certain public works on rivers and harbors, 

8 and for other purposes’’, approved June 3, 1896 (29 

9 Stat. 202), and described as follows: 

10 (A) Beginning at the point in the 14-foot 

11 turning basin limit with coordinates 

12 N162,927.61, E826,210.16. 

13 (B) Thence running north 45 degrees 45 

14 minutes 15.6 seconds east 287.45 feet to a point 

15 N163,128.18, E826,416.08. 

16 (C) Thence running south 13 degrees 17 

17 minutes 53.3 seconds east 129.11 feet to a point 

18 N163,002.53, E826,445.77. 

19 (D) Thence running south 45 degrees 45 

20 minutes 18.4 seconds west 221.05 feet to a point 

21 N162,848.30, E826,287.42. 

22 (E) Thence running north 44 degrees 14 

23 minutes 59.5 seconds west 110.73 feet to the 

24 point of origin. 


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1 (8) CORSICA RIVER, QUEEN ANNE’S COUNTY, 

2 MARYLAND.—The portion of the project for improving 

3 the Corsica River, Maryland, authorized by the first 

4 section of the Act entitled ‘‘An Act making appropria5 tions for the construction, repair, and preservation of 

6 certain public works on rivers and harbors, and for 

7 other purposes’’, approved July 25, 1912 (37 Stat. 

8 205), and described as follows: Approximately 2,000 

9 feet of the eastern section of the project channel ex10 tending from— 

11 (A) centerline station 0+000 (coordinates 

12 N506350.60, E1575013.60); to 

13 (B) station 2+000 (coordinates 

14 N508012.39, E1574720.18). 

15 (9) GLOUCESTER HARBOR AND ANNISQUAM

16 RIVER, MASSACHUSETTS.—The portions of the project 

17 for navigation, Gloucester Harbor and Annisquam 

18 River, Massachusetts, authorized by section 2 of the 

19 Act entitled ‘‘An Act authorizing the construction, re20 pair, and preservation of certain public works on riv21 ers and harbors, and for other purposes’’, approved of 

22 March 2, 1945 (59 Stat. 12; chapter 19), consisting 

23 of an 8-foot anchorage area in Lobster Cove, and de24 scribed as follows: 


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1 (A) Beginning at a bend along the easterly 

2 limit of the existing project, N3063230.31, 

3 E878283.77, thence running northwesterly about 

4 339 feet to a point, N3063478.86, E878053.83, 

5 thence running northwesterly about 281 feet to a 

6 bend on the easterly limit of the existing project, 

7 N3063731.88, E877932.54, thence running south8 easterly about 612 feet along the easterly limit of 

9 the existing project to the point of origin. 

10 (B) Beginning at a bend along the easterly 

11 limit of the existing project, N3064065.80, 

12 E878031.45, thence running northwesterly about 

13 621 feet to a point, N3064687.05, E878031.13, 

14 thence running southwesterly about 122 feet to a 

15 point, N3064686.98, E877908.85, thence running 

16 southeasterly about 624 feet to a point, 

17 N3064063.31, E877909.17, thence running south18 westerly about 512 feet to a point, N3063684.73, 

19 E877564.56, thence running about 741 feet to a 

20 point along the westerly limit of the existing 

21 project, N3063273.98, E876947.77, thence run22 ning northeasterly about 533 feet to a bend along 

23 the westerly limit of the existing project, 

24 N3063585.62, E877380.63, thence running about 

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1 erly limit of the project, N3063671.29, 

2 E877499.63, thence running northeasterly about 

3 233 feet to a bend along the westerly limit of the 

4 existing project, N3063840.60, E877660.29, 

5 thence running about 339 feet northeasterly to a 

6 bend along the westerly limit of the existing 

7 project, N3064120.34, E877852.55, thence run8 ning about 573 feet to a bend along the westerly 

9 limit of the existing project, N3064692.98, 

10 E877865.04, thence running about 113 feet to a 

11 bend along the northerly limit of the existing 

12 project, N3064739.51, E877968.31, thence run13 ning 145 feet southeasterly to a bend along the 

14 northerly limit of the existing project, 

15 N3064711.19, E878110.69, thence running about 

16 650 feet along the easterly limit of the existing 

17 project to the point of origin. 

18 (10) IPSWICH RIVER, MASSACHUSETTS.—The 

19 portion of the project for navigation, Ipswich River, 

20 Massachusetts, authorized by the first section of the 

21 Act of August 5, 1886 (24 Stat. 317, chapter 929) 

22 consisting of a 4-foot channel located at the entrance 

23 to the inner harbor at Ipswich Harbor, and described 

24 as follows: 


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1 (A) Lying northwesterly of a line com2 mencing at N3,074,938.09, E837,154.87. 

3 (B) Thence running easterly approximately 

4 60 feet to a point with coordinates 

5 N3,074,972.62, E837,203.93. 

6 (11) EAST FORK OF TRINITY RIVER, TEXAS.— 

7 The portion of the project for flood protection on the 

8 East Fork of the Trinity River, Texas, authorized by 

9 section 203 of the Flood Control Act of 1962 (76 Stat. 

10 1185), that consists of the 2 levees identified as Kauf11 man County Levees K5E and K5W. 

12 (12) BURNHAM CANAL, WISCONSIN.—The portion 

13 of the project for navigation, Milwaukee Harbor 

14 Project, Milwaukee, Wisconsin, known as the 

15 Burnham Canal, authorized by the first section of the 

16 Act entitled ‘‘An Act for the protection of commerce 

17 on Lake Michigan’’, approved March 3, 1843 (5 Stat. 

18 619; chapter 85), and described as follows: 

19 (A) Beginning at channel point #415a 

20 N381768.648, E2524554.836, a distance of about 

21 170.58 feet. 

22 (B) Thence running south 53 degrees 43 

23 minutes 41 seconds west to channel point #417 

24 N381667.728, E2524417.311, a distance of about 

25 35.01 feet. 


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1 (C) Thence running south 34 degrees 10 

2 minutes 40 seconds west to channel point #501 

3 N381638.761, E2524397.639, a distance of about 

4 139.25 feet. 

5 (D) Thence running south 34 degrees 10 

6 minutes 48 seconds west to channel point #503 

7 N381523.557, E2524319.406, a distance of about 

8 235.98 feet. 

9 (E) Thence running south 32 degrees 59 

10 minutes 13 seconds west to channel point #505 

11 N381325.615, E2524190.925, a distance of about 

12 431.29 feet. 

13 (F) Thence running south 32 degrees 36 

14 minutes 05 seconds west to channel point #509 

15 N380962.276, E2523958.547, a distance of about 

16 614.52 feet. 

17 (G) Thence running south 89 degrees 05 

18 minutes 00 seconds west to channel point #511 

19 N380952.445, E2523344.107, a distance of about 

20 74.68 feet. 

21 (H) Thence running north 89 degrees 04 

22 minutes 59 seconds west to channel point #512 

23 N381027.13, E2523342.91, a distance of about 

24 533.84 feet. 


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1 (I) Thence running north 89 degrees 05 

2 minutes 00 seconds east to channel point #510 

3 N381035.67, E2523876.69, a distance of about 

4 47.86 feet. 

5 (J) Thence running north 61 degrees 02 

6 minutes 07 seconds east to channel point #508 

7 N381058.84, E2523918.56, a distance of about 

8 308.55 feet. 

9 (K) Thence running north 36 degrees 15 

10 minutes 29 seconds east to channel point #506 

11 N381307.65, E2524101.05, a distance of about 

12 199.98 feet. 

13 (L) Thence running north 32 degrees 59 

14 minutes 12 seconds east to channel point #504 

15 N381475.40, E2524209.93, a distance of about 

16 195.14 feet. 

17 (M) Thence running north 26 degrees 17 

18 minutes 22 seconds east to channel point #502 

19 N381650.36, E2524296.36, a distance of about 

20 81.82 feet. 

21 (N) Thence running north 88 degrees 51 

22 minutes 05 seconds west to channel point #419 

23 N381732.17, E2524294.72, a distance of about 

24 262.65 feet. 


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1 (O) Thence running north 82 degrees 01 

2 minutes 02 seconds east to channel point #415a, 

3 the point of origin. 

4 (13) MANITOWOC HARBOR, WISCONSIN.—The 

5 portion of the project for navigation, Manitowoc 

6 River, Manitowoc, Wisconsin, authorized by the Act 

7 of August 30, 1852 (10 Stat. 58; chapter 104), and 

8 described as follows: The triangular area bound by— 

9 (A) 44.09893383N and 087.66854912W; 

10 (B) 44.09900535N and 087.66864372W; 

11 and 

12 (C) 44.09857884N and 087.66913123W. 

13 (b) SEWARD WATERFRONT, SEWARD, ALASKA.— 

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

15 portion of the project for navigation, Seward Harbor, 

16 Alaska, identified as Tract H, Seward Original 

17 Townsite, Waterfront Park Replat, Plat No 2012–4, 

18 Seward Recording District, shall not be subject to 

19 navigation servitude beginning on the date of enact20 ment of this Act. 

21 (2) ENTRY BY FEDERAL GOVERNMENT.—The 

22 Federal Government may enter upon the property re23 ferred to in paragraph (1) to carry out any required 

24 operation and maintenance of the general navigation 

25 features of the project referred to in paragraph (1). 


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1 (c) PORT OF HOOD RIVER, OREGON.— 

2 (1) EXTINGUISHMENT OF PORTIONS OF EXISTING

3 FLOWAGE EASEMENT.—With respect to the properties 

4 described in paragraph (2), beginning on the date of 

5 enactment of this Act, the flowage easement identified 

6 as Tract 1200E–6 on the Easement Deed recorded as 

7 Instrument No. 740320 is extinguished above ele8 vation 79.39 feet (NGVD 29), the ordinary high water 

9 line. 

10 (2) AFFECTED PROPERTIES.—The properties de11 scribed in this paragraph, as recorded in Hood River 

12 County, Oregon, are as follows: 

13 (A) Instrument Number 2010–1235. 

14 (B) Instrument Number 2010–02366. 

15 (C) Instrument Number 2010–02367. 

16 (D) Parcel 2 of Partition Plat 2011–12P. 

17 (E) Parcel 1 of Partition Plat 2005–26P. 

18 (3) EXTINGUISHMENT OF FLOWAGE EASE19 MENT.—With respect to the properties described in 

20 paragraph (2), the flowage easement is extinguished if 

21 the elevation of the property is above the standard 

22 project flood elevation. 

23 (4) FEDERAL LIABILITIES.—The United States 

24 shall not be liable for any injury caused by the extin25 guishment of the easement under this subsection. 


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1 (5) NO EFFECT ON OTHER RIGHTS.—Nothing in 

2 this subsection affects the remaining rights and inter3 ests of the Corps of Engineers for authorized project 

4 purposes. 

5 SEC. 305. LAND CONVEYANCES. 

6 (a) TULSA PORT OF CATOOSA, ROGERS COUNTY, 

7 OKLAHOMA LAND EXCHANGE.— 

8 (1) LAND EXCHANGE.—On conveyance by the 

9 Tulsa Port of Catoosa to the United States of all 

10 right, title, and interest in and to the non-Federal 

11 land, the Secretary shall convey to the Tulsa Port of 

12 Catoosa all right, title, and interest of the United 

13 States in and to the Federal land. 

14 (2) DEFINITIONS.—In this subsection, the fol15 lowing definitions apply: 

16 (A) FEDERAL LAND.—The term ‘‘Federal 

17 land’’ means the approximately 87 acres of land 

18 situated in Rogers County, Oklahoma, contained 

19 within United States Tracts 413 and 427 and 

20 acquired for the McClellan-Kerr Arkansas Navi21 gation System. 

22 (B) NON-FEDERAL LAND.—The term ‘‘non23 Federal land’’ means the approximately 34 acres 

24 of land situated in Rogers County, Oklahoma, 


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1 and owned by the Tulsa Port of Catoosa that lie 

2 immediately south and east of the Federal land. 

3 (3) SPECIFIC CONDITIONS.— 

4 (A) DEEDS.— 

5 (i) DEED TO NON-FEDERAL LAND.— 

6 The Secretary may only accept conveyance 

7 of the non-Federal land by warranty deed, 

8 as determined acceptable by the Secretary. 

9 (ii) DEED TO FEDERAL LAND.—The 

10 Secretary shall convey the Federal land to 

11 the Tulsa Port of Catoosa by quitclaim deed 

12 and subject to any reservations, terms, and 

13 conditions the Secretary determines nec14 essary to— 

15 (I) allow the United States to op16 erate and maintain the McClellan-Kerr 

17 Arkansas River Navigation System; 

18 and 

19 (II) protect the interests of the 

20 United States. 

21 (iii) CASH PAYMENT.—If the appraised 

22 fair market value of the Federal land, as de23 termined by the Secretary, exceeds the ap24 praised fair market value of the non-Fed25 eral land, as determined by the Secretary, 


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1 the Tulsa Port of Catoosa shall make a cash 

2 payment to the United States reflecting the 

3 difference in the appraised fair market val4 ues. 

5 (b) CITY OF ASOTIN, WASHINGTON.— 

6 (1) IN GENERAL.—The Secretary shall convey to 

7 the city of Asotin, Asotin County, Washington, with8 out monetary consideration, all right, title, and inter9 est of the United States in and to the land described 

10 in paragraph (3). 

11 (2) REVERSION.—If the land transferred under 

12 this subsection ceases at any time to be used for a 

13 public purpose, the land shall revert to the United 

14 States. 

15 (3) DESCRIPTION.—The land to be conveyed to 

16 the city of Asotin, Washington, under this subsection 

17 are— 

18 (A) the public ball fields designated as 

19 Tracts 1503, 1605, 1607, 1609, 1611, 1613, 

20 1615, 1620, 1623, 1624, 1625, 1626, and 1631; 

21 and 

22 (B) other leased areas designated as Tracts 

23 1506, 1522, 1523, 1524, 1525, 1526, 1527, 1529, 

24 1530, 1531, and 1563. 

25 (c) GENERALLY APPLICABLE PROVISIONS.— 


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1 (1) SURVEY TO OBTAIN LEGAL DESCRIPTION.— 

2 The exact acreage and the legal description of any 

3 real property to be conveyed under this section shall 

4 be determined by a survey that is satisfactory to the 

5 Secretary. 

6 (2) APPLICABILITY OF PROPERTY SCREENING

7 PROVISIONS.—Section 2696 of title 10, United States 

8 Code, shall not apply to any conveyance under this 

9 section. 

10 (3) ADDITIONAL TERMS AND CONDITIONS.—The 

11 Secretary may require that any conveyance under 

12 this section be subject to such additional terms and 

13 conditions as the Secretary considers necessary and 

14 appropriate to protect the interests of the United 

15 States. 

16 (4) COSTS OF CONVEYANCE.—An entity to which 

17 a conveyance is made under this section shall be re18 sponsible for all reasonable and necessary costs, in19 cluding real estate transaction and environmental 

20 documentation costs, associated with the conveyance. 

21 (5) LIABILITY.—An entity to which a conveyance 

22 is made under this section shall hold the United 

23 States harmless from any liability with respect to ac24 tivities carried out, on or after the date of the convey25 ance, on the real property conveyed. The United 


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1 States shall remain responsible for any liability with 

2 respect to activities carried out, before such date, on 

3 the real property conveyed. 

4 TITLE IV—WATER RESOURCES 

5 INFRASTRUCTURE 

6 SEC. 401. AUTHORIZATION OF FINAL FEASIBILITY STUDIES. 

7 The following final feasibility studies for water re8 sources development and conservation and other purposes 

9 are authorized to be carried out by the Secretary substan10 tially in accordance with the plan, and subject to the condi11 tions, described in the respective reports designated in this 

12 section: 

13 (1) NAVIGATION.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of Engineers 

D. 

Estimated 

Federal 

Cost 

E. 

Estimated 

Non-Federal Cost 

1. TX, 

LA 

Sabine Neches 

Waterway, 

Southeast 

Texas and 

Southwest 

Louisiana 

July 22, 2011 $779,399,000 $359,227,000 

2. FL Jacksonville 

HarborMilepoint 

April 30, 2012 $27,804,000 $9,122,000 

3. GA Savannah 

Harbor Expansion 

Project 

Aug. 17, 2012 $461,000,000 $201,000,000 

4. TX Freeport Harbor Jan. 7, 

2013 

$121,132,000 $116,342,000 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of Engineers 

D. 

Estimated 

Federal 

Cost 

E. 

Estimated 

Non-Federal Cost 

5. FL Canaveral 

Harbor 

(Sect 203 

Sponsor Report) 

Feb. 25, 2013 $28,652,000 $11,588,000 

1 (2) FLOOD RISK MANAGEMENT.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of Engineers 

D. 

Estimated 

Federal 

Cost 

E. 

Estimated 

Non-Federal Cost 

1. KS Topeka Aug. 24, 2009 $15,494,000 $8,343,000 

2. CA American 

River Watershed, 

Common 

Features 

Project, 

Natomas 

Basin 

Dec. 30, 2010 $943,300,000 $479,500,000 

3. IA Cedar River, 

Cedar Rapids 

Jan. 27, 2011 $67,216,000 $36,194,000 

4. MN, 

ND 

Fargo-Moorhead Metro Dec. 19, 2011 $801,542,000 $979,806,000 

5. KY Ohio River 

Shoreline, 

Paducah 

May 16, 2012 $12,893,000 $6,943,000 

2 (3) HURRICANE AND STORM DAMAGE RISK RE3 DUCTION.— 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Initial 

Federal 

Cost and 

Estimated 

Total 

Federal 

Cost for 

Life of 

Project 

E. 

Estimated 

Initial 

Non-Federal 

Cost and 

Estimated 

Total 

Non-Federal 

Cost for 

Life of 

Project 

1. NC West Onslow 

Beach and 

New River 

Inlet (Topsail Beach) 

Sept. 28, 2009 Initial Cost: 

$30,557,000 

Total Cost: 

$132,372,000 

Initial Cost: 

$17,315,000 

Total Cost: 

$132,372,000 

2. NC Surf City and 

North Topsail Beach 

Dec. 30, 2010 Initial Cost: 

$81,484,000 

Total Cost: 

$106,182,000 

Initial Cost: 

$43,900,000 

Total Cost: 

$106,182,000 

3. CA San Clemente 

Shoreline 

April 5, 

2012 

Initial Cost: 

$7,500,000 

Total Cost: 

$43,400,000 

Initial Cost: 

$4,000,000 

Total Cost: 

$43,400,000 

1 (4) HURRICANE AND STORM DAMAGE RISK RE2 DUCTION AND ENVIRONMENTAL RESTORATION.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of Engineers 

D. 

Estimated 

Federal 

Cost 

E. 

Estimated 

Non-Federal Cost 

1. MS Mississippi 

Coastal Improvement 

Program 

(MSCIP) 

Hancock, 

Harrison, 

and Jackson 

Counties 

Sept. 15, 2009 $815,090,000 $438,890,000 

3 (5) ENVIRONMENTAL RESTORATION.— 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of Engineers 

D. 

Estimated 

Federal 

Cost 

E. 

Estimated 

Non-Federal Cost 

1. MD Mid-Chesapeake Bay 

Island 

Aug. 24, 2009 $1,221,721,000 $657,849,000 

2. FL Central and 

Southern 

Florida 

Project, 

Comprehensive Everglades Restoration 

Plan, 

Caloosahatchee River 

(C–43) West 

Basin Storage Project, 

Hendry 

County 

March 11, 

2010 

$297,189,000 $297,189,000 

3. LA Louisiana 

Coastal Area 

Dec. 30, 2010 $954,452,000 $513,936,000 

4. MN Marsh Lake Dec. 30, 2011 $6,403,000 $3,564,000 

5. FL Central and 

Southern 

Florida 

Project, 

Comprehensive Everglades Restoration 

Plan, C–111 

Spreader 

Canal Western Project 

Jan. 30, 2012 $88,992,000 $88,992,000 

6. FL CERP Biscayne Bay 

Coastal Wetland, Florida 

May 2, 

2012 

$96,209,000 $96,209,000 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of Engineers 

D. 

Estimated 

Federal 

Cost 

E. 

Estimated 

Non-Federal Cost 

7. FL Central and 

Southern 

Florida 

Project, 

Broward 

County 

Water Preserve Area 

May 21, 2012 $433,353,500 $433,353,500 

8. LA Louisiana 

Coastal 

AreaBarataria 

Basin Barrier 

June 22, 2012 $283,567,000 $152,690,000 

9. NC Neuse River 

Basin 

April 23, 2013 $23,253,100 $12,520,900 

1 SEC. 402. PROJECT MODIFICATIONS. 

2 (a) MIAMI HARBOR, MIAMI-DADE COUNTY, FLOR3 IDA.— 

4 (1) IN GENERAL.—The project for navigation, 

5 Miami Harbor, Miami-Dade County, Florida, author6 ized by section 1001(17) of the Water Resources De7 velopment Act of 2007 (121 Stat. 1052), is modified 

8 to authorize the Secretary to construct the project at 

9 a total cost of $152,510,000, with an estimated Fed10 eral cost of $92,007,000 and a non-Federal cost of 

11 $60,503,000. 

12 (2) APPLICABILITY.—Paragraph (1) shall take 

13 effect on November 8, 2007. 


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1 (b) LOWER OHIO RIVER, ILLINOIS AND KENTUCKY.— 

2 The project for navigation, Lower Ohio River, Locks and 

3 Dams 52 and 53, Illinois and Kentucky, authorized by sec4 tion 3(a)(6) of the Water Resources Development Act of 

5 1988 (102 Stat. 4013), is modified to authorize the Sec6 retary to construct the project at a total cost of 

7 $2,300,000,000, with a first Federal cost of $2,300,000,000. 

8 (c) LITTLE CALUMET RIVER BASIN (CADY MARSH

9 DITCH), INDIANA.—The project for flood control, Little Cal10 umet River Basin (Cady Marsh Ditch), Indiana, authorized 

11 by section 401(a) of the Water Resources Development Act 

12 of 1986 (100 Stat. 4115), and modified by section 127 of 

13 Public Law 109–103 (119 Stat. 2259), is further modified 

14 to authorize the Secretary to construct the project at a total 

15 cost of $269,988,000, with an estimated Federal cost of 

16 $202,800,000 and a non-Federal cost of $67,188,000. 


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Union Calendar No. 174 

113TH CONGRESS 

1ST SESSION H. R. 3080 

[Report No. 113–246, Part I] 

A BILL 

To provide for improvements to the rivers and harresources, and for other purposes. servation and development of water and related bors of the United States, to provide for the conOCTOBER 21, 2013 

Reported from the Committee on Transportation and 

Infrastructure with an amendment 

OCTOBER 21, 2013 

The Committees on the Budget, Ways and Means, and 

and ordered to be printed mittee of the Whole House on the State of the Union Natural Resources discharged; committed to the ComVerDate Mar 15 2010 20:52 Oct 21, 2013 Jkt 039200 PO 00000 Frm 00164 Fmt 6651 Sfmt 6651 E:\BILLS\H3080.RH H3080

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