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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3080 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3080

  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

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Water Resources 
Reform and Development Act of 2013''.
    (b) Table of Contents.--The table of contents for 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. Clarification of impacts to other Federal facilities.
Sec. 111. Clarification of previously authorized work.
Sec. 112. Tribal partnership program.
Sec. 113. Technical corrections.
Sec. 114. Water infrastructure public-private partnership pilot 
                            program.
Sec. 115. Annual report to Congress.
Sec. 116. Actions to be taken in conjunction with the President's 
                            annual budget submission to Congress.
Sec. 117. Hurricane and storm damage reduction study.
Sec. 118. Non-Federal plans to provide additional flood risk reduction.
Sec. 119. Review of emergency response authorities.
Sec. 120. Emergency communication of risk.
Sec. 121. Improvements to the National Dam Safety Program Act.
Sec. 122. Restricted areas at Corps of Engineers dams.
Sec. 123. Levee safety.
Sec. 124. Vegetation on levees.
Sec. 125. Reduction of Federal costs.
Sec. 126. Advanced modeling technologies.
Sec. 127. Enhanced use of electronic commerce in Federal procurement.
Sec. 128. Corrosion prevention.
Sec. 129. Resilient construction and use of innovative materials.
Sec. 130. Assessment of water supply in arid regions.
Sec. 131. River basin commissions.
Sec. 132. Sense of Congress regarding water resources development 
                            bills.
                   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.
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.

SEC. 2. DEFINITION OF SECRETARY.

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

               TITLE I--PROGRAM REFORMS AND STREAMLINING

SEC. 101. VERTICAL INTEGRATION AND ACCELERATION OF STUDIES.

    (a) In General.--To the extent practicable, a feasibility study 
initiated by the Secretary, after the date of enactment of this Act, 
under section 905(a) of the Water Resources Development Act of 1986 (33 
U.S.C. 2282(a)) shall--
            (1) result in the completion of a final feasibility report 
        not later than 3 years after the date of initiation;
            (2) have a maximum Federal cost of $3,000,000; and
            (3) ensure that personnel from the district, division, and 
        headquarters levels of the Corps of Engineers concurrently 
        conduct the review required under that section.
    (b) Exception.--If the Secretary determines that a feasibility 
study described in subsection (a) will not be conducted in accordance 
with subsection (a), the Secretary, not later than 30 days after the 
date of making the determination, shall--
            (1) prepare an updated feasibility study schedule and cost 
        estimate;
            (2) notify the non-Federal feasibility cost sharing partner 
        that the feasibility study has been delayed; and
            (3) provide written notice to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate as to the reasons the requirements of 
        subsection (a) are not attainable.
    (c) Termination of Authorization.--A feasibility study for which 
the Secretary has issued a determination under subsection (b) is not 
authorized after the last day of the 1-year period beginning on the 
date of the determination if the Secretary has not completed the study 
on or before such last day.
    (d) Report.--Not later than 4 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report that describes--
            (1) the status of the implementation of this section, 
        including a description of each feasibility study subject to 
        the requirements of this section;
            (2) the amount of time taken to complete each such 
        feasibility study; and
            (3) any recommendations for additional authority necessary 
        to support efforts to expedite the feasibility study process, 
        including an analysis of whether the limitation established by 
        subsection (a)(2) needs to be adjusted to address the impacts 
        of inflation.
    (e) Reviews.--Not later than 90 days after the date of the 
initiation of a study described in subsection (a) for a project, the 
Secretary shall--
            (1) take all steps necessary to initiate the federally 
        mandated reviews that the Secretary is required to complete as 
        part of the study, including environmental reviews;
            (2) convene a meeting of all Federal, tribal, and State 
        agencies identified under section 2045(d) of the Water 
        Resources Development Act of 2007 (33 U.S.C. 2348(d)), as 
        amended by this Act, and that may be required by law to conduct 
        or issue a review, analysis, or opinion on or to make a 
        determination concerning a permit or license for the study;
            (3) provide the agencies referred to in paragraph (2) with 
        all relevant information related to the scope and potential 
        impacts of the project, including environmental impacts; and
            (4) take all steps necessary to provide information that 
        will enable required reviews and analyses related to the 
        project to be conducted by other agencies in a thorough and 
        timely manner.

SEC. 102. EXPEDITING THE EVALUATION AND PROCESSING OF PERMITS.

    Section 214 of the Water Resources Development Act of 2000 (33 
U.S.C. 2201 note) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``or public-utility company (as 
                defined in section 1262 of the Public Utility Holding 
                Company Act of 2005 (42 U.S.C. 16451))'' after ``non-
                Federal public entity'';
                    (B) by inserting ``or company'' after ``that 
                entity''; and
                    (C) by adding at the end the following: ``To the 
                maximum extent practicable, the Secretary shall ensure 
                that expediting the evaluation of a permit through the 
                use of funds accepted and expended under this section 
                does not adversely affect the timeline for evaluation 
                (in the Corps district in which the project or activity 
                is located) of permits under the jurisdiction of the 
                Department of the Army of other entities that have not 
                contributed funds under this section.''; and
            (2) by striking subsection (e).

SEC. 103. ENVIRONMENTAL STREAMLINING.

    (a) Declaration of Policy.--
            (1) In general.--Congress declares that--
                    (A) the benefits of water resources projects are 
                important to the Nation's economy and environment;
                    (B) it is in the national interest to expedite the 
                delivery of water resources projects;
                    (C) it is in the national interest for Federal and 
                State agencies, local governments, Indian tribes, and 
                other entities involved in water resources projects--
                            (i) to accelerate study completion and 
                        project delivery and to reduce costs; and
                            (ii) to ensure that the planning, design, 
                        engineering, construction, and funding of water 
                        resources projects is done in an efficient and 
                        effective manner, promoting accountability for 
                        public investments and encouraging greater 
                        local and private sector involvement in project 
                        financing and delivery while addressing public 
                        safety and protecting the environment; and
                    (D) delay in the delivery of water resources 
                studies and projects--
                            (i) increases project costs, flood risks, 
                        and local and Federal expenditures for 
                        emergency management and recovery;
                            (ii) harms the economy of the United 
                        States; and
                            (iii) impedes the shipment of goods for the 
                        conduct of commerce.
            (2) Policy.--Given the declarations set forth in paragraph 
        (1), it is the policy of the United States that--
                    (A) recommendations to Congress regarding such 
                projects should be accelerated by coordinated and 
                efficient environmental reviews and cooperative efforts 
                to quickly resolve disputes during the development of 
                water resources projects;
                    (B) the Secretary shall have the lead role among 
                Federal agencies in facilitating the environmental 
                review process for water resources projects;
                    (C) each Federal agency shall cooperate with the 
                Secretary to expedite the environmental review process 
                for water resources projects;
                    (D) programmatic approaches shall be used if 
                applicable to reduce the need for project-by-project 
                reviews and decisions by Federal agencies;
                    (E) the Secretary shall identify opportunities for 
                non-Federal sponsors to assume responsibilities of the 
                Secretary if such responsibilities can be assumed in a 
                manner that protects public health and safety, the 
                environment, and public participation; and
                    (F) the Assistant Secretary of the Army for Civil 
                Works shall identify and promote the deployment of 
                innovations aimed at reducing the time and money 
                required to deliver water resources projects while 
                protecting the environment.
    (b) Streamlined Project Delivery.--
            (1) In general.--Section 2045 of the Water Resources 
        Development Act of 2007 (33 U.S.C. 2348) is amended to read as 
        follows:

``SEC. 2045. STREAMLINED PROJECT DELIVERY.

    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Environmental impact statement.--The term 
        `environmental impact statement' means the detailed statement 
        of environmental impacts required to be prepared pursuant to 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.).
            ``(2) Environmental review process.--
                    ``(A) In general.--The term `environmental review 
                process' means the process of preparing an 
                environmental impact statement, environmental 
                assessment, categorical exclusion, or other document 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) for a project study.
                    ``(B) Inclusions.--The term `environmental review 
                process' includes the process for and completion of any 
                environmental permit, approval, review, or study 
                required for a project study under any Federal law 
                other than the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
            ``(3) Federal jurisdictional agency.--The term `Federal 
        jurisdictional agency' means a Federal agency with jurisdiction 
        over a review, analysis, opinion, statement, permit, license, 
        or other approval or decision required for a project study 
        under applicable Federal laws, including regulations.
            ``(4) Project.--The term `project' means a Corps of 
        Engineers water resources project.
            ``(5) Project sponsor.--The term `project sponsor' means 
        the non-Federal interest as defined in section 221(b) of the 
        Flood Control Act of 1970 (42 U.S.C. 1962d-5b).
            ``(6) Project study.--The term `project study' means a 
        feasibility study for a project carried out pursuant to section 
        905 of the Water Resources Development Act of 1986 (33 U.S.C. 
        2282).
    ``(b) Applicability.--The procedures in this section are applicable 
to all project studies initiated after the date of enactment of the 
Water Resources Reform and Development Act of 2013 and for which an 
environmental impact statement is prepared under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and may be 
applied, to the extent determined appropriate by the Secretary, to 
other project studies for which an environmental review process 
document is prepared under such Act.
    ``(c) Lead Agencies.--
            ``(1) Federal lead agency.--The Corps of Engineers shall be 
        the Federal lead agency in the environmental review process for 
        a project study.
            ``(2) Non-federal project sponsor as joint lead agency.--At 
        the discretion of the Secretary and subject to the requirements 
        of the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.), a non-Federal project sponsor that is an agency 
        defined in subsection (a)--
                    ``(A) may serve as a joint lead agency with the 
                Corps of Engineers for purposes of preparing any 
                environmental review process document under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.); and
                    ``(B) may assist in the preparation of any such 
                environmental review process document required under 
                the National Environmental Policy Act of 1969 if the 
                Secretary provides guidance in the preparation process, 
                participates in preparing the document, independently 
                evaluates that document, and approves and adopts the 
                document before the Secretary takes any subsequent 
                action or makes any approval based on that document.
            ``(3) Adoption and use of documents.--Any environmental 
        review process document prepared in accordance with this 
        subsection shall be adopted and used by any Federal agency in 
        making any approval of a project subject to this section as the 
        document required to be completed under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to 
        the same extent that the Federal agency may adopt or use a 
        document prepared by another Federal agency under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            ``(4) Roles and responsibility of federal lead agency.--
        With respect to the environmental review process for any 
        project, the Federal lead agency shall have authority and 
        responsibility--
                    ``(A) to take such actions as are necessary and 
                proper, within the authority of the Federal lead 
                agency, to facilitate the expeditious resolution of the 
                environmental review process for the project study; and
                    ``(B) to prepare or ensure that any required 
                environmental impact statement or other document for a 
                project study required to be completed under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) is completed in accordance with this 
                section and applicable Federal law.
    ``(d) Participating and Cooperating Agencies.--
            ``(1) Identification.--The Federal lead agency shall 
        identify, as early as practicable in the environmental review 
        process for a project study, any Federal or State agency, local 
        government, or Indian tribe that may--
                    ``(A) have jurisdiction over the project;
                    ``(B) be required by law to conduct or issue a 
                review, analysis, opinion, or statement for the project 
                study; or
                    ``(C) be required to make a determination on 
                issuing a permit, license, or other approval or 
                decision for the project study.
            ``(2) Invitation.--
                    ``(A) In general.--The Federal lead agency shall 
                invite any such agency identified under paragraph (1) 
                to become a participating or cooperating agency in the 
                environmental review process for the project study.
                    ``(B) Deadline.--An invitation to participate 
                issued under subparagraph (A) shall establish a 
                deadline by which a response to the invitation shall be 
                submitted, which may be extended by the Federal lead 
                agency for good cause.
            ``(3) Federal cooperating agency.--Any Federal agency that 
        is invited by the Federal lead agency to participate in the 
        environmental review process for a project study shall be 
        designated as a cooperating agency by the Federal lead agency 
        unless the invited agency informs the Federal lead agency, in 
        writing, by the deadline specified in the invitation that the 
        invited agency--
                    ``(A) has no jurisdiction or authority with respect 
                to the project;
                    ``(B) has no expertise or information relevant to 
                the project study; and
                    ``(C) does not intend to submit comments on the 
                project study.
            ``(4) Effect of designation.--
                    ``(A) Requirement.--A participating or cooperating 
                agency shall comply with the requirements of this 
                section and any schedule established under this 
                section.
                    ``(B) Implication.--Designation under this 
                subsection shall not imply that the participating or 
                cooperating agency--
                            ``(i) supports a proposed project; or
                            ``(ii) has any jurisdiction over, or 
                        special expertise with respect to evaluation 
                        of, the project.
            ``(5) Concurrent reviews.--Each participating or 
        cooperating agency shall--
                    ``(A) carry out the obligations of that agency 
                under other applicable law concurrently and in 
                conjunction with the required environmental review 
                process unless doing so would prevent such agency from 
                conducting needed analysis or otherwise carrying out 
                their obligations under those other laws; and
                    ``(B) formulate and implement administrative, 
                policy, and procedural mechanisms to enable the agency 
                to ensure completion of the environmental review 
                process in a timely, coordinated, and environmentally 
                responsible manner.
    ``(e) Programmatic Compliance.--
            ``(1) In general.--The Secretary shall issue guidance 
        regarding the use of programmatic approaches to carry out the 
        environmental review process that--
                    ``(A) eliminates repetitive discussions of the same 
                issues;
                    ``(B) focuses on the actual issues ripe for 
                analyses at each level of review;
                    ``(C) establishes a formal process for coordinating 
                with participating and cooperating agencies, including 
                the creation of a list of all data that is needed to 
                carry out the environmental review process; and
                    ``(D) complies with--
                            ``(i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.); and
                            ``(ii) all other applicable laws.
            ``(2) Requirements.--In carrying out paragraph (1), the 
        Secretary shall--
                    ``(A) as the first step in drafting guidance under 
                that paragraph, consult with relevant Federal and State 
                agencies, local governments, Indian tribes, and the 
                public on the use and scope of the programmatic 
                approaches;
                    ``(B) emphasize the importance of collaboration 
                among relevant Federal agencies, State agencies, local 
                governments, and Indian tribes in undertaking 
                programmatic reviews, especially with respect to 
                reviews with a broad geographical scope;
                    ``(C) ensure that the programmatic reviews--
                            ``(i) promote transparency, including of 
                        the analyses and data used in the environmental 
                        review process, the treatment of any deferred 
                        issues raised by a Federal or State agency, 
                        local government, Indian tribe, or the public, 
                        and the temporal and special scales to be used 
                        to analyze those issues;
                            ``(ii) use accurate and timely information 
                        in the environmental review process, 
                        including--
                                    ``(I) criteria for determining the 
                                general duration of the usefulness of 
                                the review; and
                                    ``(II) the timeline for updating 
                                any out-of-date review;
                            ``(iii) describe--
                                    ``(I) the relationship between 
                                programmatic analysis and future tiered 
                                analysis; and
                                    ``(II) the role of the public in 
                                the creation of future tiered analysis; 
                                and
                            ``(iv) are available to other relevant 
                        Federal and State agencies, local governments, 
                        Indian tribes, and the public;
                    ``(D) allow not less than 60 days of public notice 
                and comment on any proposed guidance; and
                    ``(E) address any comments received under 
                subparagraph (D).
    ``(f) Coordinated Reviews.--
            ``(1) Coordination plan.--
                    ``(A) Establishment.--The Federal lead agency, 
                after consultation with each participating and 
                cooperating agency and the non-Federal project sponsor 
                or joint lead agency, as applicable, shall establish a 
                plan for coordinating public and agency participation 
                in and comment on the environmental review process for 
                a project study.
                    ``(B) Incorporation.--In developing the plan 
                established under subparagraph (A), the Federal lead 
                agency shall take under consideration the scheduling 
                requirements under section 101 of the Water Resources 
                Reform and Development Act of 2013.
            ``(2) Schedule.--
                    ``(A) In general.--The Federal lead agency, after 
                consultation with each participating and cooperating 
                agency and the non-Federal project sponsor or joint 
                lead agency, as applicable, shall establish, as part of 
                the coordination plan established in paragraph (1)(A), 
                a schedule for completion of the environmental review 
                process for the project study. In developing the 
                schedule, the Federal lead agency shall take under 
                consideration the scheduling requirements under section 
                101 of the Water Resources Reform and Development Act 
                of 2013.
                    ``(B) Factors for consideration.--In establishing 
                the schedule, the Federal lead agency shall consider 
                factors such as--
                            ``(i) the responsibilities of participating 
                        and cooperating agencies under applicable laws;
                            ``(ii) the resources available to the 
                        participating and cooperating agencies and the 
                        non-Federal project sponsor or joint lead 
                        agency, as applicable;
                            ``(iii) the overall size and complexity of 
                        the project;
                            ``(iv) the overall schedule for and cost of 
                        the project; and
                            ``(v) the sensitivity of the natural and 
                        historic resources that may be affected by the 
                        project.
                    ``(C) Consistency with other time periods.--A 
                schedule under subparagraph (A) shall be consistent 
                with any other relevant time periods established under 
                Federal law.
                    ``(D) Modification.--The Federal lead agency may--
                            ``(i) lengthen a schedule established under 
                        subparagraph (A) for good cause; or
                            ``(ii) shorten a schedule only with the 
                        concurrence of the affected participating and 
                        cooperating agencies and the non-Federal 
                        project sponsor or joint lead agency, as 
                        applicable.
                    ``(E) Dissemination.--A copy of a schedule 
                established under subparagraph (A) shall be--
                            ``(i) provided to each participating and 
                        cooperating agency and the non-Federal project 
                        sponsor or joint lead agency, as applicable; 
                        and
                            ``(ii) made available to the public.
            ``(3) Comment deadlines.--The Federal lead agency shall 
        establish the following deadlines for comment during the 
        environmental review process for a project study:
                    ``(A) Draft environmental impact statements.--For 
                comments by agencies and the public on a draft 
                environmental impact statement, a period of not more 
                than 60 days after such document is made publicly 
                available, unless--
                            ``(i) a different deadline is established 
                        by agreement of the Federal lead agency, all 
                        participating and cooperating agencies, and the 
                        non-Federal project sponsor or joint lead 
                        agency, as applicable; or
                            ``(ii) the deadline is extended by the 
                        Federal lead agency for good cause.
                    ``(B) Other comment periods.--For all other comment 
                periods established by the Federal lead agency for 
                agency or public comments in the environmental review 
                process, a period of not more than 30 days after the 
                date on which the materials for which comment is 
                requested are made available, unless--
                            ``(i) a different deadline is established 
                        by agreement of the Federal lead agency, all 
                        participating and cooperating agencies, and the 
                        non-Federal project sponsor or joint lead 
                        agency, as applicable; or
                            ``(ii) the deadline is extended by the 
                        Federal lead agency for good cause.
            ``(4) Deadlines for decisions under other laws.--
                    ``(A) Prior approval deadline.--If a participating 
                or cooperating agency is required to make a 
                determination regarding or otherwise approve or 
                disapprove the project study prior to the record of 
                decision or finding of no significant impact, such 
                participating or cooperating agency shall make such 
                determination or approval not later than 30 days after 
                the Federal lead agency publishes notice of the 
                availability of a final environmental impact statement 
                or other final environmental document, or not later 
                than such other date that is otherwise required by law, 
                whichever occurs first.
                    ``(B) Other deadlines.--With regard to any 
                determination or approval of a participating or 
                cooperating agency that is not subject to subparagraph 
                (A), each participating or cooperating agency shall 
                make any required determination or otherwise approve or 
                disapprove the project study not later than 90 days 
                after the date that the Federal lead agency approves 
                the record of decision or finding of no significant 
                impact for the project study, or not later than such 
                other date that is otherwise required by law, whichever 
                occurs first.
                    ``(C) Record closed.--In the event that any 
                participating or cooperating agency fails to make a 
                determination or approve or disapprove the project 
                study within the applicable deadline described in 
                subparagraph (A), the Federal lead agency may close the 
                record and find the record sufficient for the project 
                study as it relates to such agency determination or 
                approval.
    ``(g) Issue Identification and Resolution.--
            ``(1) Cooperation.--The Federal lead agency and 
        participating and cooperating agencies shall work cooperatively 
        in accordance with this section to identify and resolve issues 
        that may delay completion of the environmental review process 
        or result in the denial of any approval required for the 
        project study under applicable laws.
            ``(2) Federal lead agency responsibilities.--
                    ``(A) In general.--The Federal lead agency shall 
                make information available to the participating and 
                cooperating agencies as early as practicable in the 
                environmental review process regarding the 
                environmental and socioeconomic resources located 
                within the project area and the general locations of 
                the alternatives under consideration.
                    ``(B) Data sources.--Such information under 
                subparagraph (A) may be based on existing data sources, 
                including geographic information systems mapping.
            ``(3) Participating and cooperating agency 
        responsibilities.--Based on information received from the 
        Federal lead agency, participating and cooperating agencies 
        shall identify, as early as practicable, any issues of concern 
        regarding the potential environmental or socioeconomic impacts 
        of the project, including any issues that may substantially 
        delay or prevent an agency from granting a permit or other 
        approval that is needed for the project study.
            ``(4) Accelerated issue resolution and elevation.--
                    ``(A) In general.--Upon the request of a 
                participating or cooperating agency or non-Federal 
                project sponsor, the Secretary shall convene an issue 
                resolution meeting with the relevant participating and 
                cooperating agencies and the non-Federal project 
                sponsor or joint lead agency, as applicable, to resolve 
                issues that may--
                            ``(i) delay completion of the environmental 
                        review process; or
                            ``(ii) result in denial of any approval 
                        required for the project study under applicable 
                        laws.
                    ``(B) Meeting date.--A meeting requested under this 
                paragraph shall be held not later than 21 days after 
                the date on which the Secretary receives the request 
                for the meeting, unless the Secretary determines that 
                there is good cause to extend that deadline.
                    ``(C) Notification.--Upon receipt of a request for 
                a meeting under this paragraph, the Secretary shall 
                notify all relevant participating and cooperating 
                agencies of the request, including the issue to be 
                resolved and the date for the meeting.
                    ``(D) Elevation of issue resolution.--If a 
                resolution cannot be achieved within 30 days after a 
                meeting under this paragraph and a determination is 
                made by the Secretary that all information necessary to 
                resolve the issue has been obtained, the Secretary 
                shall forward the dispute to the heads of the relevant 
                agencies for resolution.
                    ``(E) Convention by secretary.--The Secretary may 
                convene an issue resolution meeting under this 
                subsection at any time, at the discretion of the 
                Secretary, regardless of whether a meeting is requested 
                under subparagraph (A).
    ``(h) Streamlined Documentation and Decisionmaking.--
            ``(1) In general.--The Federal lead agency in the 
        environmental review process for a project study, in order to 
        reduce paperwork and expedite decisionmaking, shall prepare a 
        condensed final environmental impact statement under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
            ``(2) Condensed format.--A condensed final environmental 
        impact statement for a project study in the environmental 
        review process shall consist only of--
                    ``(A) an incorporation by reference of the draft 
                environmental impact statement;
                    ``(B) any updates to specific pages or sections of 
                the draft environmental impact statement as 
                appropriate; and
                    ``(C) responses to comments on the draft 
                environmental impact statement and copies of the 
                comments.
            ``(3) Timing of decision.--Notwithstanding any other 
        provision of law, in conducting the environmental review 
        process for a project study, the Federal lead agency shall 
        combine a final environmental impact statement and a record of 
        decision for the project study into a single document if--
                    ``(A) the alternative approved in the record of 
                decision is either a preferred alternative identified 
                in the draft environmental impact statement or is a 
                modification of such preferred alternative developed in 
                response to comments on the draft environmental impact 
                statement; and
                    ``(B) the Federal lead agency has a written 
                commitment from parties responsible for implementation 
                of the measures applicable to the approved alternative 
                that are identified in the final environmental impact 
                statement that they will implement those measures.
    ``(i) Limitations.--Nothing in this section shall preempt or 
interfere with--
            ``(1) any practice of seeking, considering, or responding 
        to public comment; or
            ``(2) any power, jurisdiction, responsibility, or authority 
        that a Federal or State agency, local government, Indian tribe, 
        or non-Federal project sponsor has with respect to carrying out 
        a project study or any other provision of law applicable to a 
        project.
    ``(j) Timing of Claims.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, a claim arising under Federal law seeking judicial review 
        of a permit, license, or other approval issued by a Federal 
        agency for a project study shall be barred unless it is filed 
        not later than 150 days after publication of a notice in the 
        Federal Register announcing that the permit, license, or other 
        approval is final pursuant to the law under which the agency 
        action is taken, unless a shorter time is specified in the 
        Federal law which allows judicial review. Nothing in this 
        subsection shall create a right to judicial review or place any 
        limit on filing a claim that a person has violated the terms of 
        a permit, license, or other approval.
            ``(2) New information.--The Secretary shall consider new 
        information received after the close of a comment period if the 
        information satisfies the requirements for a supplemental 
        environmental impact statement under title 40, Code of Federal 
        Regulations. The preparation of a supplemental environmental 
        impact statement or other environmental document when required 
        by this section shall be considered a separate final agency 
        action and the deadline for filing a claim for judicial review 
        of such action shall be 150 days after the date of publication 
        of a notice in the Federal Register announcing such action.
    ``(k) Categorical Exclusions.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this subsection, the Secretary shall--
                    ``(A) survey the use by the Corps of Engineers of 
                categorical exclusions in projects;
                    ``(B) publish a review of the survey that includes 
                a description of--
                            ``(i) the types of actions that were 
                        categorically excluded or may be the basis for 
                        developing a new categorical exclusion; and
                            ``(ii) any requests previously received by 
                        the Secretary for new categorical exclusions; 
                        and
                    ``(C) solicit requests from other Federal agencies 
                and non-Federal project sponsors for new categorical 
                exclusions.
            ``(2) New categorical exclusions.--Not later than 1 year 
        after the date of enactment of this subsection, if the 
        Secretary identifies, based on the review under paragraph (1), 
        a category of activities that merit establishing a categorical 
        exclusion not in existence on the day before the date of 
        enactment of this subsection, the Secretary shall publish a 
        notice of proposed rulemaking to propose that new categorical 
        exclusion, to the extent that the categorical exclusion meets 
        the criteria for a categorical exclusion under section 1508.4 
        of title 40, Code of Federal Regulations (or successor 
        regulation).
    ``(l) Implementation Guidance.--The Secretary shall prepare 
guidance documents that describe the processes that the Secretary will 
use to implement this section.''.
            (2) Clerical amendment.--The table of contents contained in 
        section 1(b) of the Water Resources Development Act of 2007 is 
        amended by striking the item relating to section 2045 and 
        inserting the following:

``2045. Streamlined project delivery.''.
    (c) Categorical Exclusion in Emergencies.--For the repair, 
reconstruction, or rehabilitation of a water resources project that is 
in operation or under construction when damaged by an event or incident 
that results in a declaration by the President of a major disaster or 
emergency pursuant to the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Secretary shall 
treat such repair, reconstruction, or rehabilitation activity as a 
class of action categorically excluded from the requirements relating 
to environmental assessments or environmental impact statements under 
section 1508.4 of title 40, Code of Federal Regulations, if such repair 
or reconstruction activity is in the same location with the same 
capacity, dimensions, and design as the original water resources 
project as before the declaration described in this section.

SEC. 104. CONSOLIDATION OF STUDIES.

    (a) In General.--
            (1) Repeal.--Section 905(b) of the Water Resources 
        Development Act of 1986 (33 U.S.C. 2282(b)) is repealed.
            (2) Conforming amendment.--Section 905(a)(1) of such Act 
        (33 U.S.C. 2282(a)(1)) is amended by striking ``perform a 
        reconnaissance study and''.
    (b) Contents of Feasibility Reports.--Section 905(a)(2) of such Act 
(33 U.S.C. 2282(a)(2)) is amended by adding at the end the following: 
``A feasibility report shall include a preliminary analysis of the 
Federal interest and the costs, benefits, and environmental impacts of 
the project.''.
    (c) Applicability.--The Secretary shall continue to carry out a 
study for which a reconnaissance level investigation has been initiated 
before the date of enactment of this Act as if this section, including 
the amendments made by this section, had not been enacted.

SEC. 105. REMOVAL OF DUPLICATIVE ANALYSES.

    Section 911 of the Water Resources Development Act of 1986 (33 
U.S.C. 2288) is repealed.

SEC. 106. EXPEDITING APPROVAL OF MODIFICATIONS AND ALTERATIONS OF 
              PROJECTS BY NON-FEDERAL INTERESTS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, after providing notice and an opportunity 
for comment, shall establish a process for the review of section 14 
applications in a timely and consistent manner.
    (b) Section 14 Application Defined.--In this section, the term 
``section 14 application'' means an application submitted by an 
applicant to the Secretary requesting permission for the temporary 
occupation or use of a public work, or the alteration or permanent 
occupation or use of a public work, under section 14 of the Act 
entitled ``An Act making appropriations for the construction, repair, 
and preservation of certain public works on rivers and harbors, and for 
other purposes'', approved March 3, 1899 (commonly known as the 
``Rivers and Harbors Appropriation Act of 1899'') (33 U.S.C. 408).
    (c) Benchmark Goals.--
            (1) Establishment of benchmark goals.--In carrying out 
        subsection (a), the Secretary shall--
                    (A) establish benchmark goals for determining the 
                amount of time it should take the Secretary to 
                determine whether a section 14 application is complete;
                    (B) establish benchmark goals for determining the 
                amount of time it should take the Secretary to approve 
                or disapprove a section 14 application; and
                    (C) to the extent practicable, use such benchmark 
                goals to make a decision on section 14 applications in 
                a timely and consistent manner.
            (2) Benchmark goals.--
                    (A) Benchmark goals for determining whether section 
                14 applications are complete.--To the extent 
                practicable, the benchmark goals established under 
                paragraph (1) shall provide that--
                            (i) the Secretary reach a decision on 
                        whether a section 14 application is complete 
                        not later than 15 days after the date of 
                        receipt of the application; and
                            (ii) if the Secretary determines that a 
                        section 14 application is not complete, the 
                        Secretary promptly notify the applicant of the 
                        specific information that is missing or the 
                        analysis that is needed to complete the 
                        application.
                    (B) Benchmark goals for reviewing completed 
                applications.--To the extent practicable, the benchmark 
                goals established under paragraph (1) shall provide 
                that--
                            (i) the Secretary generally approve or 
                        disapprove a completed section 14 application 
                        not later than 45 days after the date of 
                        receipt of the completed application; and
                            (ii) in a case in which the Secretary 
                        determines that additional time is needed to 
                        review a completed section 14 application due 
                        to the type, size, cost, complexity, or impacts 
                        of the actions proposed in the application, the 
                        Secretary approve or disapprove the application 
                        not later than 180 days after the date of 
                        receipt of the completed application.
            (3) Notice.--In any case in which the Secretary determines 
        that it will take the Secretary more than 45 days to review a 
        completed section 14 application, the Secretary shall--
                    (A) provide written notification to the applicant; 
                and
                    (B) include in the written notice a best estimate 
                of the Secretary as to the amount of time required for 
                completion of the review.
    (d) Failure To Achieve Benchmark Goals.--In any case in which the 
Secretary fails make a decision on a section 14 application in 
accordance with the process established under this section, the 
Secretary shall provide written notice to the applicant, including a 
detailed description of--
            (1) why the Secretary failed to make a decision in 
        accordance with such process;
            (2) the additional actions required before the Secretary 
        will issue a decision; and
            (3) the amount of time the Secretary will require to issue 
        a decision.
    (e) Notification.--
            (1) Submission to congress.--The Secretary shall provide a 
        copy of any written notice provided under subsection (d) to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate.
            (2) Public availability.--The Secretary shall maintain a 
        publicly available database, including on the Internet, on--
                    (A) all section 14 applications received by the 
                Secretary; and
                    (B) the current status of such applications.

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

    (a) Construction of Water Resources Development Projects.--Section 
211 of the Water Resources Development Act of 1996 (33 U.S.C. 701b-13) 
is amended--
            (1) in the section heading by striking ``flood control'' 
        and inserting ``water resources development''; and
            (2) by striking ``flood control'' each place it appears and 
        inserting ``water resources development''.
    (b) Completion of Studies and Design Activities.--Section 211(c) of 
such Act (33 U.S.C. 701b-13(c)) is amended by striking ``date of the 
enactment of this Act'' and inserting ``date of enactment of the Water 
Resources Reform and Development Act of 2013''.
    (c) Authority To Carry Out Improvements.--Section 211(d)(1) of such 
Act (33 U.S.C. 701b-13(d)(1)) is amended--
            (1) by striking subparagraph (A)(i) and inserting the 
        following:
                            ``(i) In general.--A non-Federal interest 
                        may carry out construction for which studies 
                        and design documents are prepared under 
                        subsection (b) only if--
                                    ``(I) the Secretary approves the 
                                project for construction; and
                                    ``(II) the project is specifically 
                                authorized by Congress.''; and
            (2) by striking subparagraph (B) and inserting the 
        following:
                    ``(B) Studies and design activities under 
                subsection (c).--Any non-Federal interest that has 
                received from the Secretary under subsection (c) a 
                favorable recommendation to carry out a water resources 
                development project, or separable element thereof, 
                based on the results of completed studies and design 
                documents for the project or element may carry out the 
                project or element if--
                            ``(i) a final environmental impact 
                        statement under the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 4321 et seq.) has 
                        been filed for the project or element; and
                            ``(ii) the project is specifically 
                        authorized by Congress.''.
    (d) Reimbursement.--Section 211(e) of such Act (33 U.S.C. 701b-
13(e)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B) by striking ``and'' at the 
                end;
                    (B) in subparagraph (C) by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(D) if the project is specifically authorized by 
                Congress.'';
            (2) by striking paragraph (2) and redesignating paragraphs 
        (3), (4), (5), and (6) as paragraphs (2), (3), (4), and (5), 
        respectively; and
            (3) in paragraph (5) (as so redesignated)--
                    (A) by striking subparagraph (B) and redesignating 
                subparagraphs (C) and (D) as subparagraphs (B) and (C), 
                respectively; and
                    (B) in subparagraph (B) (as so redesignated)--
                            (i) by striking ``At the request'' and 
                        inserting ``In accordance with section 221 of 
                        the Flood Control Act of 1970 (42 U.S.C. 1962d-
                        5b), at the request''; and
                            (ii) by inserting before the period at the 
                        end the following: ``, or toward the non-
                        Federal share of any other authorized water 
                        resources development study or project of such 
                        non-Federal interest''.
    (e) Other Matters.--Section 211 of such Act (33 U.S.C. 701b-13) is 
amended--
            (1) by striking subsections (f) and (g); and
            (2) by adding at the end the following:
    ``(f) Operation and Maintenance of Navigation Projects.--Whenever a 
non-Federal interest constructs improvements to a harbor or inland 
harbor, the Secretary shall be responsible for maintenance in 
accordance with section 101(b) of the Water Resources Development Act 
of 1986 (33 U.S.C. 2211(b)) if--
            ``(1) the Secretary determines, before construction, that 
        the improvements, or separable elements thereof, are 
        economically justified and environmentally acceptable;
            ``(2) the Secretary certifies that the project is 
        constructed in accordance with applicable permits and the 
        appropriate engineering and design standards;
            ``(3) the Secretary does not find that the project, or 
        separable element thereof, is no longer economically justified 
        or environmentally acceptable; and
            ``(4) the project is specifically authorized by Congress.
    ``(g) Implementation.--All laws and regulations that would apply to 
the Secretary if the Secretary were carrying out a project shall apply 
to the non-Federal interest carrying out a project under this section.
    ``(h) Notification of Committees.--The Secretary shall notify in 
writing the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Environment and Public Works of 
the Senate prior to initiation of negotiations with a non-Federal 
interest regarding the utilization of the authorities under this 
section.''.
    (f) Repeals.--The following provisions are repealed:
            (1) Section 204 of the Water Resources Development Act of 
        1986 (33 U.S.C. 2232).
            (2) Section 206 of the Water Resources Development Act of 
        1992 (33 U.S.C. 426i-1).
            (3) Section 404 of the Water Resources Development Act of 
        1990 (33 U.S.C. 2232 note; 104 Stat. 4646).

SEC. 108. CONTRIBUTIONS BY NON-FEDERAL INTERESTS.

    (a) In General.--Section 5 of the Act entitled ``An Act authorizing 
the construction of certain public works on rivers and harbors for 
flood control, and for other purposes'', approved June 22, 1936 (33 
U.S.C. 701h), is amended--
            (1) by striking ``from States and political subdivisions 
        thereof,'' and inserting ``from a non-Federal interest (as 
        defined in section 221 of the Flood Control Act of 1970 (42 
        U.S.C. 1962d-5b))'';
            (2) by striking ``, which includes planning and design'';
            (3) by inserting ``, including a project for navigation on 
        the inland waterways,'' after ``study or project'';
            (4) by striking ``by States and political subdivisions 
        thereof,'' and inserting ``by a non-Federal interest'';
            (5) by striking ``: Provided further, That the term 
        `States' means the several States, the District of Columbia, 
        the commonwealths, territories, and possessions of the United 
        States, and Federally recognized Indian tribes''; and
            (6) by inserting ``: And provided further, That the term 
        `work' means the planning, design, or construction of an 
        authorized water resources development study or project, or the 
        repair, restoration, or replacement of an authorized water 
        resources development project that has been damaged by an event 
        or incident that results in a declaration by the President of a 
        major disaster or emergency pursuant to the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
        seq.)'' after ``contributing interests''.
    (b) Notification for Contributed Funds.--Prior to the initiation of 
negotiations for accepting contributed funds under section 5 of the Act 
entitled ``An Act authorizing the construction of certain public works 
on rivers and harbors for flood control, and for other purposes'', 
approved June 22, 1936 (33 U.S.C. 701h), the Secretary shall provide 
written notice to the Committee on Transportation and Infrastructure 
and the Committee on Appropriations of the House of Representatives and 
the Committee on Environment and Public Works and the Committee on 
Appropriations of the Senate.
    (c) Technical Amendments.--The following provisions are repealed:
            (1) Section 111(b) of the Energy and Water Development and 
        Related Agencies Appropriations Act, 2012 (125 Stat. 858).
            (2) Section 4 of the Act entitled ``An Act making 
        appropriations for the construction, repair, and preservation 
        of certain public works on rivers and harbors, and for other 
        purposes'', approved March 4, 1915 (33 U.S.C. 560).

SEC. 109. CONTRIBUTIONS BY NON-FEDERAL INTERESTS FOR MANAGEMENT OF 
              CORPS OF ENGINEERS INLAND NAVIGATION FACILITIES.

    (a) In General.--Section 225 of the Water Resources Development Act 
of 1992 (33 U.S.C. 2328) is amended--
            (1) by striking the section designation and heading and 
        inserting the following:

``SEC. 225. CONTRIBUTIONS BY NON-FEDERAL INTERESTS FOR MANAGEMENT OF 
              CORPS OF ENGINEERS FACILITIES.'';

            (2) in subsection (a) by striking ``managing recreational 
        facilities'' and inserting ``operating, maintaining, and 
        managing inland navigational facilities, recreational 
        facilities,''; and
            (3) in subsection (b) by striking ``and management of 
        recreational facilities'' and inserting ``, maintenance, and 
        management of inland navigation facilities, recreational 
        facilities,''.
    (b) Clerical Amendment.--The table of contents contained in section 
1(b) of the Water Resources Development Act of 1992 is amended by 
striking the item relating to section 225 and inserting the following:

``225. Contributions by non-Federal interests for management of Corps 
                            of Engineers facilities.''.

SEC. 110. CLARIFICATION OF IMPACTS TO OTHER FEDERAL FACILITIES.

    In any case where the modification or construction of a water 
resources development project carried out by the Secretary adversely 
impacts other Federal facilities, the Secretary may accept from other 
Federal agencies such funds as may be necessary to address the adverse 
impact, including by removing, relocating, or reconstructing such 
facilities.

SEC. 111. CLARIFICATION OF PREVIOUSLY AUTHORIZED WORK.

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

SEC. 112. TRIBAL PARTNERSHIP PROGRAM.

    (a) In General.--Section 203 of the Water Resources Development Act 
of 2000 (33 U.S.C. 2269) is amended--
            (1) in subsection (d)(1)(B)--
                    (A) by striking ``The ability'' and inserting the 
                following:
                            ``(i) In general.--The ability''; and
                    (B) by adding at the end the following:
                            ``(ii) Determination.--Not later than 180 
                        days after the date of enactment of the Water 
                        Resources Reform and Development Act of 2013, 
                        the Secretary shall issue guidance on the 
                        procedures described in clause (i).''; and
            (2) by striking subsection (e) and inserting the following:
    ``(e) Restrictions.--The Secretary is authorized to carry out 
activities under this section in fiscal years 2014 through 2023.''.
    (b) Cooperative Agreements With Indian Tribes.--The Secretary may 
enter into a cooperative agreement with an Indian tribe (or a 
designated representative of an Indian tribe) to carry out authorized 
activities of the Corps of Engineers to protect fish, wildlife, water 
quality, and cultural resources.

SEC. 113. TECHNICAL CORRECTIONS.

    (a) Limitation; Statutory Construction.--Section 221(a)(4)(E) of 
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)(E)) is amended 
by striking clause (ii) and inserting the following:
                            ``(ii) Limitation.--In any case in which a 
                        specific provision of law provides for a non-
                        Federal interest to receive credit toward the 
                        non-Federal share of the cost of a study for, 
                        or construction or operation and maintenance 
                        of, a water resources project, the Secretary 
                        shall apply--
                                    ``(I) the specific provision of law 
                                instead of this paragraph; or
                                    ``(II) at the request of the non-
                                Federal interest, the specific 
                                provision of law and such provisions of 
                                this paragraph as the non-Federal 
                                interest may request.
                            ``(iii) Statutory construction.--Nothing in 
                        this subparagraph may be construed to affect 
                        the applicability of subparagraph (C).''.
    (b) Water Resources Project Defined.--Section 221(b) of such Act 
(42 U.S.C. 1962d-5b(b)) is amended--
            (1) by moving paragraphs (1) and (2) and the matter 
        following paragraph (2) 2 ems to the right;
            (2) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (3) by striking ``(b) Definition'' and all that follows 
        through ``The term'' and inserting the following:
    ``(b) Definitions.--
            ``(1) Non-federal interest.--The term''; and
            (4) by adding at the end the following:
            ``(2) Water resources project.--The term `water resources 
        project' includes projects studied, reviewed, designed, 
        constructed, operated and maintained, or otherwise subject to 
        Federal participation under the authority of the civil works 
        program of the Secretary of the Army for the purposes of 
        navigation, flood damage reduction, ecosystem restoration, 
        hurricane and storm damage reduction, water supply, recreation, 
        hydroelectric power, fish and wildlife conservation, water 
        quality, environmental infrastructure, resource protection and 
        development, and related purposes.''.
    (c) Correction.--Section 221(c) of such Act (42 U.S.C. 1962d-5b(c)) 
is amended by striking ``enforcible'' and inserting ``enforceable''.
    (d) Federal Allocation.--Section 2008(a) of the Water Resources 
Development Act of 2007 (33 U.S.C. 2340(a)) is amended by adding at the 
end the following: ``This subsection shall apply without regard to 
whether the original partnership agreement was entered into before, on, 
or after the date of enactment of this subsection.''.
    (e) In-Kind Credit.--Section 221(a)(4)(C) of the Flood Control Act 
of 1970 (42 U.S.C. 1962d-5b(a)(4)(C)) is amended by striking ``In any 
case'' and all that follows through the period at the end and inserting 
the following:
                            ``(i) Construction.--
                                    ``(I) In general.--In any case in 
                                which the non-Federal interest is to 
                                receive credit under subparagraph (A) 
                                for the cost of construction carried 
                                out by the non-Federal interest before 
                                execution of a partnership agreement 
                                and that construction has not been 
                                carried out as of the date of enactment 
                                of this clause, the Secretary and the 
                                non-Federal interest shall enter into 
                                an agreement under which the non-
                                Federal interest shall carry out such 
                                work and shall do so prior to the non-
                                Federal interest initiating 
                                construction or issuing a written 
                                notice to proceed for the construction.
                                    ``(II) Eligibility.--Construction 
                                that is carried out after the execution 
                                of an agreement under subclause (I) and 
                                any design activities that are required 
                                for that construction, even if the 
                                design activity is carried out prior to 
                                the execution of the agreement, shall 
                                be eligible for credit.
                            ``(ii) Planning.--
                                    ``(I) In general.--In any case in 
                                which the non-Federal interest is to 
                                receive credit under subparagraph (A) 
                                for the cost of planning carried out by 
                                the non-Federal interest before 
                                execution of a feasibility cost sharing 
                                agreement, the Secretary and the non-
                                Federal interest shall enter into an 
                                agreement under which the non-Federal 
                                interest shall carry out such planning 
                                and shall do so prior to the non-
                                Federal interest initiating that 
                                planning.
                                    ``(II) Eligibility.--Planning that 
                                is carried out by the non-Federal 
                                interest after the execution of an 
                                agreement under subclause (I) shall be 
                                eligible for credit.''.

SEC. 114. WATER INFRASTRUCTURE PUBLIC-PRIVATE PARTNERSHIP PILOT 
              PROGRAM.

    (a) In General.--The Secretary shall establish a pilot program to 
evaluate the cost effectiveness and project delivery efficiency of 
allowing non-Federal interests to carry out authorized water resources 
development projects for coastal harbor improvement, channel 
improvement, inland navigation, flood damage reduction, and hurricane 
and storm damage reduction.
    (b) Purposes.--The purposes of the pilot program established under 
subsection (a) are--
            (1) to identify cost-saving project delivery alternatives 
        that reduce the backlog of authorized Corps of Engineers 
        projects; and
            (2) to evaluate the technical, financial, and 
        organizational benefits of allowing a non-Federal interest to 
        carry out and manage the design or construction (or both) of 1 
        or more of such projects.
    (c) Subsequent Appropriations.--Any activity undertaken under this 
section is authorized only to the extent specifically provided for in 
subsequent appropriations Acts.
    (d) Administration.--In carrying out the pilot program established 
under subsection (a), the Secretary shall--
            (1) identify for inclusion in the program at least 15 
        projects that are authorized for construction for coastal 
        harbor improvement, channel improvement, inland navigation, 
        flood damage reduction, or hurricane and storm damage 
        reduction;
            (2) notify in writing the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate of each 
        project identified under paragraph (1);
            (3) in consultation with the non-Federal interest 
        associated with each project identified under paragraph (1), 
        develop a detailed project management plan for the project that 
        outlines the scope, financing, budget, design, and construction 
        resource requirements necessary for the non-Federal interest to 
        execute the project, or a separable element of the project;
            (4) at the request of the non-Federal interest associated 
        with each project identified under paragraph (1), enter into a 
        project partnership agreement with the non-Federal interest 
        under which the non-Federal interest is provided full project 
        management control for the financing, design, or construction 
        (or any combination thereof) of the project, or a separable 
        element of the project, in accordance with plans approved by 
        the Secretary;
            (5) following execution of a project partnership agreement 
        under paragraph (4) and completion of all work under the 
        agreement, issue payment, in accordance with subsection (g), to 
        the relevant non-Federal interest for that work; and
            (6) regularly monitor and audit each project carried out 
        under the program to ensure that all activities related to the 
        project are carried out in compliance with plans approved by 
        the Secretary and that construction costs are reasonable.
    (e) Selection Criteria.--In identifying projects under subsection 
(d)(1), the Secretary shall consider the extent to which the project--
            (1) is significant to the economy of the United States;
            (2) leverages Federal investment by encouraging non-Federal 
        contributions to the project;
            (3) employs innovative project delivery and cost-saving 
        methods;
            (4) received Federal funds in the past and experienced 
        delays or missed scheduled deadlines;
            (5) has unobligated Corps of Engineers funding balances; 
        and
            (6) has not received Federal funding for recapitalization 
        and modernization since the project was authorized.
    (f) Detailed Project Schedule.--Not later than 180 days after 
entering into a project partnership agreement under subsection (d)(4), 
a non-Federal interest, to the maximum extent practicable, shall submit 
to the Secretary a detailed project schedule for the relevant project, 
based on estimated funding levels, that specifies deadlines for each 
milestone with respect to the project.
    (g) Payment.--Payment to the non-Federal interest for work 
completed pursuant to a project partnership agreement under subsection 
(d)(4) may be made from--
            (1) if applicable, the balance of the unobligated amounts 
        appropriated for the project;
            (2) other amounts appropriated to the Corps of Engineers, 
        except that the total amount transferred to the non-Federal 
        interest may not exceed the estimate of the Federal share of 
        the cost of construction, including any required design; and
            (3) revenue generated by the project.
    (h) Technical Assistance.--At the request of a non-Federal interest 
participating in the pilot program established under subsection (a), 
the Secretary may provide to the non-Federal interest, if the non-
Federal interest contracts with and compensates the Secretary, 
technical assistance with respect to--
            (1) a study, engineering activity, or design activity 
        related to a project carried out by the non-Federal interest 
        under the program; and
            (2) obtaining permits necessary for such a project.
    (i) Identification of Impediments.--
            (1) In general.--The Secretary shall--
                    (A) except as provided in paragraph (2), identify 
                any procedural requirements under the authority of the 
                Secretary that impede greater use of public-private 
                partnerships and private investment in water resources 
                development projects;
                    (B) develop and implement, on a project-by-project 
                basis, procedures and approaches that--
                            (i) address such impediments; and
                            (ii) protect the public interest and any 
                        public investment in water resources 
                        development projects that involve public-
                        private partnerships or private investment in 
                        water resources development projects; and
                    (C) not later than 1 year after the date of 
                enactment of this section, issue rules to carry out the 
                procedures and approaches developed under subparagraph 
                (B).
            (2) Rule of construction.--Nothing in this section may be 
        construed to allow the Secretary to waive any requirement 
        under--
                    (A) sections 3141 through 3148 and sections 3701 
                through 3708 of title 40, United States Code;
                    (B) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); or
                    (C) any other provision of Federal law.
    (j) Public Benefit Studies.--
            (1) In general.--Before entering into a project partnership 
        agreement under subsection (d)(4), the Secretary shall conduct 
        an assessment of whether, and provide justification in writing 
        to the Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committee on Environment and 
        Public Works of the Senate that, the proposed agreement 
        provides better public and financial benefits than a similar 
        transaction using public funding or financing.
            (2) Requirements.--An assessment under paragraph (1) 
        shall--
                    (A) be completed in a period of not more than 90 
                days;
                    (B) take into consideration any supporting 
                materials and data submitted by the relevant non-
                Federal interest and other stakeholders; and
                    (C) determine whether the proposed project 
                partnership agreement is in the public interest by 
                determining whether the agreement will provide public 
                and financial benefits, including expedited project 
                delivery and savings for taxpayers.
    (k) Non-Federal Funding.--A project carried out under the pilot 
program established under subsection (a) may consist of the non-Federal 
interest financing the non-Federal share of the project.
    (l) Applicability of Federal Law.--Any provision of Federal law 
that would apply to the Secretary if the Secretary were carrying out a 
project shall apply to a non-Federal interest carrying out a project 
under this section.
    (m) Cost Share.--Nothing in this section affects a cost-sharing 
requirement under Federal law that is applicable to a project carried 
out under the pilot program established under subsection (a).
    (n) Report.--Not later than 3 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report describing the 
results of the pilot program established under subsection (a), 
including any recommendations of the Secretary concerning whether the 
program or any component of the program should be implemented on a 
national basis.
    (o) Non-Federal Interest Defined.--In this section, the term ``non-
Federal interest'' includes non-Federal government entities and private 
entities.

SEC. 115. ANNUAL REPORT TO CONGRESS.

    (a) In General.--Not later than February 1 of each year, the 
Secretary shall develop and submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate an annual report, to be 
entitled ``Report to Congress on Future Water Resources Development'', 
that identifies the following:
            (1) Feasibility reports.--Each feasibility report that 
        meets the criteria established in subsection (c)(1)(A).
            (2) Proposed feasibility studies.--Any proposed feasibility 
        study submitted to the Secretary by a non-Federal interest 
        pursuant to subsection (b) that meets the criteria established 
        in subsection (c)(1)(A).
            (3) Proposed modifications.--Any proposed modification to 
        an authorized water resources development project or 
        feasibility study that meets the criteria established in 
        subsection (c)(1)(A) that--
                    (A) is submitted to the Secretary by a non-Federal 
                interest pursuant to subsection (b); or
                    (B) is identified by the Secretary for 
                authorization.
    (b) Requests for Proposals.--
            (1) Publication.--Not later than May 1 of each year, the 
        Secretary shall publish in the Federal Register a notice 
        requesting proposals from non-Federal interests for proposed 
        feasibility studies and proposed modifications to authorized 
        water resources development projects and feasibility studies to 
        be included in the annual report.
            (2) Deadline for requests.--The Secretary shall include in 
        each notice required by this subsection a requirement that non-
        Federal interests submit to the Secretary any proposals 
        described in paragraph (1) by not later than 120 days after the 
        date of publication of the notice in the Federal Register in 
        order for such proposals to be considered for inclusion in the 
        annual report.
            (3) Notification.--On the date of publication of each 
        notice required by this subsection, the Secretary shall--
                    (A) make the notice publicly available, including 
                on the Internet; and
                    (B) provide written notification of such 
                publication to the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Environment and Public Works of the 
                Senate.
    (c) Contents.--
            (1) Feasibility reports, proposed feasibility studies, and 
        proposed modifications.--
                    (A) Criteria for inclusion in report.--The 
                Secretary shall include in the annual report only those 
                feasibility reports, proposed feasibility studies, and 
                proposed modifications to authorized water resources 
                development projects and feasibility studies that--
                            (i) the Secretary determines are related to 
                        the missions and authorities of the Corps of 
                        Engineers;
                            (ii) require specific authorization by 
                        Congress in law or otherwise;
                            (iii) are not authorized by Congress;
                            (iv) have not been included in any previous 
                        annual report; and
                            (v) if authorized and funded, could be 
                        carried out by the Corps of Engineers.
                    (B) Description of benefits.--For each proposed 
                feasibility study and proposed modification to an 
                authorized water resources development project or 
                feasibility study included in the annual report, the 
                Secretary shall describe the potential benefit of the 
                proposed feasibility study or modification, including, 
                to the extent applicable, whether the water resources 
                development project that is the subject of the proposed 
                feasibility study, or the proposed modification, will--
                            (i) reduce risks to human life or public 
                        safety or property;
                            (ii) benefit the national economy;
                            (iii) stimulate the creation of jobs;
                            (iv) reduce the need for future disaster 
                        relief;
                            (v) promote the development and delivery of 
                        domestic energy resources;
                            (vi) improve the competitiveness of United 
                        States exports;
                            (vii) improve water-related transportation 
                        for interstate or international commerce;
                            (viii) restore or protect, or mitigate the 
                        impacts of a water resources development 
                        project on, the environment; or
                            (ix) promote the use of cost-effective and 
                        sustainable solutions to water resources 
                        challenges.
            (2) Transparency.--The Secretary shall include in the 
        annual report, for each feasibility report, proposed 
        feasibility study, and proposed modification to an authorized 
        water resources development project or feasibility study--
                    (A) the name of the associated non-Federal 
                interest, including the name of any non-Federal 
                interest that has contributed, or is expected to 
                contribute, a non-Federal share of the cost of--
                            (i) the feasibility report;
                            (ii) the proposed feasibility study;
                            (iii) the authorized feasibility study for 
                        which the modification is proposed; or
                            (iv) construction of--
                                    (I) the water resources development 
                                project that is the subject of--
                                            (aa) the feasibility 
                                        report;
                                            (bb) the proposed 
                                        feasibility study; or
                                            (cc) the authorized 
                                        feasibility study for which a 
                                        modification is proposed; or
                                    (II) the proposed modification to 
                                an authorized water resources 
                                development project;
                    (B) a letter or statement of support for the 
                feasibility report, proposed feasibility study, or 
                proposed modification to an authorized water resources 
                development project or feasibility study from each 
                associated non-Federal interest;
                    (C) the purpose of the feasibility report, proposed 
                feasibility study, or proposed modification to an 
                authorized water resources development project or 
                feasibility study;
                    (D) an estimate of the Federal, non-Federal, and 
                total costs of--
                            (i) the proposed feasibility study, or 
                        proposed modification to an authorized 
                        feasibility study; and
                            (ii) construction of--
                                    (I) the water resources development 
                                project that is the subject of--
                                            (aa) the feasibility 
                                        report; or
                                            (bb) the authorized 
                                        feasibility study for which a 
                                        modification is proposed, with 
                                        respect to the change in costs 
                                        resulting from such 
                                        modification; or
                                    (II) the proposed modification to 
                                an authorized water resources 
                                development project; and
                    (E) an estimate, to the extent practicable, of the 
                monetary and nonmonetary benefits of--
                            (i) the water resources development project 
                        that is the subject of--
                                    (I) the feasibility report;
                                    (II) the proposed feasibility 
                                study; or
                                    (III) the authorized feasibility 
                                study for which a modification is 
                                proposed, with respect to the benefits 
                                of such modification; or
                            (ii) the proposed modification to an 
                        authorized water resources development project.
            (3) Certification.--The Secretary shall include in the 
        annual report a certification stating that each feasibility 
        report, proposed feasibility study, and proposed modification 
        to an authorized water resources development project or 
        feasibility study included in the annual report meets the 
        criteria in subsection (c)(1)(A).
    (d) Special Rule for Initial Annual Report.--Notwithstanding any 
other deadlines required by this section, the Secretary shall--
            (1) not later than 30 days after the date of enactment of 
        this Act, publish in the Federal Register a notice required by 
        subsection (b)(1);
            (2) include in such notice a requirement that non-Federal 
        interests submit to the Secretary any proposals described in 
        subsection (b)(1) by not later than 90 days after the date of 
        publication of such notice in the Federal Register in order for 
        such proposals to be considered for inclusion in the first 
        annual report developed by the Secretary under this section; 
        and
            (3) not later than 180 days after the date of enactment of 
        this Act, submit an annual report to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate.
    (e) Publication.--Upon submission of the annual report to Congress, 
the Secretary shall make the annual report publicly available, 
including through publication on the Internet.
    (f) Definitions.--In this section, the following definitions apply:
            (1) Annual report.--The term ``annual report'' means the 
        report required by subsection (a).
            (2) Feasibility report.--The term ``feasibility report'' 
        means a final feasibility report developed under section 905 of 
        the Water Resources Development Act of 1986 (33 U.S.C. 2282), 
        and includes--
                    (A) a report described in section 105(d)(2) of such 
                Act (33 U.S.C. 2215(d)(2)); and
                    (B) where applicable, any associated report of the 
                Chief of Engineers.
            (3) Feasibility study.--The term ``feasibility study'' has 
        the meaning given that term in section 105 of the Water 
        Resources Development Act of 1986 (33 U.S.C. 2215).
            (4) Non-federal interest.--The term ``non-Federal 
        interest'' has the meaning given that term in section 221 of 
        the Flood Control Act of 1970 (42 U.S.C. 1962d-5b).

SEC. 116. ACTIONS TO BE TAKEN IN CONJUNCTION WITH THE PRESIDENT'S 
              ANNUAL BUDGET SUBMISSION TO CONGRESS.

    (a) Recommendations for Corps of Engineers Construction Projects in 
President's Budget.--
            (1) In general.--For each fiscal year, as part of the 
        President's annual budget submission to Congress under section 
        1105(a) of title 31, United States Code, the President shall--
                    (A) identify and recommend Corps of Engineers 
                construction projects for which Congress should provide 
                funding at the full level authorized for the project; 
                and
                    (B) provide an explanation of the process used by 
                the President in making the recommendations.
            (2) Covered period.--The President shall make 
        recommendations under paragraph (1) for the fiscal year for 
        which the budget submission is prepared and each of the 
        succeeding 4 fiscal years.
            (3) Basis for making recommendations.--The President shall 
        base recommendations under paragraph (1) on the assumption that 
        $2,000,000,000 will be appropriated for Corps of Engineers 
        construction projects for each fiscal year.
    (b) Missouri River Basin.--To assist in the prioritization of 
Federal activities carried out related to the project for mitigation of 
fish and wildlife losses, Missouri River Bank Stabilization and 
Navigation Project, Missouri, Kansas, Iowa, and Nebraska, authorized by 
section 601(a) of the Water Resources Development Act of 1986 (100 
Stat. 4143), and in conjunction with the President's submission to 
Congress of a budget under section 1105(a) of title 31, United States 
Code, the Secretary shall submit to Congress a report that provides--
            (1) an inventory of all Federal actions taken and a 
        prioritization of all Federal actions planned in furtherance of 
        the project, including an inventory of lands owned, acquired, 
        or directly controlled by the Federal Government, and lands 
        enrolled in federally assisted conservation programs;
            (2) a description of the specific Federal actions proposed 
        for the upcoming fiscal year in furtherance of the project;
            (3) an assessment of the progress made in furtherance of 
        the project, including a description of how each of the actions 
        identified under paragraph (1) have impacted such progress; and
            (4) an assessment of additional actions necessary to 
        achieve the results of the project.

SEC. 117. HURRICANE AND STORM DAMAGE REDUCTION STUDY.

    As part of the study for flood and storm damage reduction related 
to natural disasters to be carried out by the Secretary under title II 
of division A of the Disaster Relief Appropriations Act, 2013, under 
the heading ``Department of the Army--Corps of Engineers--Civil--
Investigations'' (127 Stat. 5), the Secretary shall make specific 
project recommendations. The Secretary may include those 
recommendations in the report entitled ``Report to Congress on Future 
Water Resources Development'', developed in accordance with this Act.

SEC. 118. NON-FEDERAL PLANS TO PROVIDE ADDITIONAL FLOOD RISK REDUCTION.

    (a) In General.--If requested by a non-Federal interest, the 
Secretary shall carry out a locally preferred plan that provides a 
higher level of protection than a flood risk management project 
authorized under this Act if the Secretary determines that--
            (1) the plan is technically feasible and environmentally 
        acceptable; and
            (2) the benefits of the plan exceed the costs of the plan.
    (b) Non-Federal Costs.--If the Secretary carries out a locally 
preferred plan under subsection (a), the cost attributable to the 
higher level of protection provided under the plan shall be paid by the 
non-Federal interest.

SEC. 119. REVIEW OF EMERGENCY RESPONSE AUTHORITIES.

    (a) In General.--The Secretary shall undertake a review of 
implementation of section 5 of the Act entitled ``An Act authorizing 
the construction of certain public works on rivers and harbors for 
flood control, and for other purposes'', approved August 18, 1941 (33 
U.S.C. 701n), to evaluate the alternatives available to the Secretary 
to ensure--
            (1) the safety of affected communities to future flooding 
        and storm events;
            (2) the resiliency of water resources development projects 
        to future flooding and storm events;
            (3) the long-term cost effectiveness of water resources 
        development projects that provide flood control and hurricane 
        and storm damage reduction benefits; and
            (4) the policy goals and objectives that have been outlined 
        by the President as a response to recent extreme weather 
        events, including Hurricane Sandy, that relate to preparing for 
        future floods are met.
    (b) Scope of Review.--In carrying out the review, the Secretary 
shall--
            (1) review the historical precedents and implementation of 
        section 5 of such Act, including those actions undertaken by 
        the Secretary, over time, under that section--
                    (A) to repair or restore a project; and
                    (B) to increase the level of protection for a 
                damaged project to address future conditions;
            (2) evaluate the difference between adopting, as an 
        appropriate standard under section 5 of such Act, the repair or 
        restoration of a project to pre-flood or pre-storm levels and 
        the repair or restoration of a project to a design level of 
        protection, including an assessment for each standard of--
                    (A) the implications on populations at risk of 
                flooding or damage;
                    (B) the implications on probability of loss of 
                life;
                    (C) the implications on property values at risk of 
                flooding or damage;
                    (D) the implications on probability of increased 
                property damage and associated costs;
                    (E) the implications on local and regional 
                economies; and
                    (F) the estimated total cost and estimated cost 
                savings;
            (3) incorporate the science on expected rates of sea-level 
        rise and extreme weather events; and
            (4) incorporate the work completed by the Hurricane Sandy 
        Rebuilding Task Force, established by Executive Order 13632 
        (December 7, 2012).
    (c) Report to Congress.--Not later than 1 year after the date of 
enactment of this section, the Secretary shall submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of the Senate a 
report on the results of the review.

SEC. 120. EMERGENCY COMMUNICATION OF RISK.

    (a) In General.--In any river basin where the Secretary carries out 
flood risk management activities subject to an annual operating plan, 
the Secretary shall establish procedures for providing the public and 
affected governments, including Indian tribes, in the river basin 
with--
            (1) timely information regarding expected water levels;
            (2) advice regarding appropriate preparedness actions;
            (3) technical assistance; and
            (4) any other information or assistance determined 
        appropriate by the Secretary.
    (b) Procedures.--The Secretary shall utilize the procedures only 
when precipitation or runoff exceeds those calculations considered as 
the lowest risk to life and property contemplated by the annual 
operating plan.
    (c) Definitions.--In this section, the following definitions apply:
            (1) Affected government.--The term ``affected government'' 
        means a State, local, or tribal government with jurisdiction 
        over an area that will be affected by a flood.
            (2) Annual operating plan.--The term ``annual operating 
        plan'' means a plan prepared by the Secretary that describes 
        potential water condition scenarios for a river basin for a 
        year.

SEC. 121. IMPROVEMENTS TO THE NATIONAL DAM SAFETY PROGRAM ACT.

    (a) Administrator.--
            (1) In general.--The National Dam Safety Program Act (33 
        U.S.C. 467 et seq.) is amended by striking ``Director'' each 
        place it appears and inserting ``Administrator''.
            (2) Conforming amendment.--Section 2(3) of such Act (33 
        U.S.C. 467(3)) is amended in the paragraph heading by striking 
        ``Director'' and inserting ``Administrator''.
    (b) Inspection of Dams.--Section 3(b)(1) of such Act (33 U.S.C. 
467a(b)(1)) is amended by striking ``or maintenance'' and inserting 
``maintenance, condition, or provision for emergency operations''.
    (c) National Dam Safety Program.--
            (1) Objectives.--Section 8(c)(4) of such Act (33 U.S.C. 
        467f(c)(4)) is amended to read as follows:
            ``(4) develop and implement a comprehensive dam safety 
        hazard education and public awareness initiative to assist the 
        public in mitigating against, preparing for, responding to, and 
        recovering from dam incidents;''.
            (2) Board.--Section 8(f)(4) of such Act (33 U.S.C. 
        467f(f)(4)) is amended by inserting ``, representatives from 
        nongovernmental organizations,'' after ``State agencies''.

SEC. 122. RESTRICTED AREAS AT CORPS OF ENGINEERS DAMS.

    Section 2 of the Freedom to Fish Act (Public Law 113-13; 127 Stat. 
449) is amended--
            (1) in subsection (b)(1) by striking ``until the date that 
        is 2 years after the date of enactment of this Act'';
            (2) in the heading of subsection (c) by inserting ``or 
        Modified'' after ``New''; and
            (3) in subsection (c)--
                    (A) in matter preceding paragraph (1) by inserting 
                ``new or modified'' after ``establishes any''; and
                    (B) in paragraph (3) by striking ``until the date 
                that is 2 years after the date of enactment of this 
                Act'' and inserting ``until the Secretary has complied 
                with the provisions of this subsection''.

SEC. 123. LEVEE SAFETY.

    Section 22 of the Water Resources Development Act of 1974 (42 
U.S.C. 1962d-16) is amended by redesignating subsection (e) as 
subsection (f) and inserting after subsection (d) the following:
    ``(e) Levee Safety.--
            ``(1) In general.--At the request of a State, and in 
        consultation with that State and appropriate non-Federal 
        interests, the Secretary may provide technical assistance to a 
        State to--
                    ``(A) encourage effective State programs intended 
                to ensure levee safety to protect human life and 
                property;
                    ``(B) assist the State in establishing and carrying 
                out a State levee safety program; and
                    ``(C) improve an existing State levee safety 
                program.
            ``(2) Purposes.--The purposes of technical assistance 
        provided under this subsection shall be--
                    ``(A) to ensure that human lives and property that 
                are protected by new and existing levees are safe;
                    ``(B) to encourage the use of appropriate 
                engineering policies and procedures for levee site 
                investigation, design, construction, operation and 
                maintenance, and emergency preparedness;
                    ``(C) to encourage effective levee safety programs 
                in a State;
                    ``(D) to develop and support public education and 
                awareness projects to increase public acceptance and 
                support of State levee safety programs;
                    ``(E) to build public awareness of the residual 
                risks associated with living in levee protected areas; 
                and
                    ``(F) to develop technical assistance materials, 
                seminars, and guidelines to improve the security of 
                levees in the United States.
            ``(3) Federal guidelines.--
                    ``(A) In general.--In carrying out this subsection, 
                the Secretary, in consultation with States and non-
                Federal interests, shall establish Federal guidelines 
                relating to levee safety.
                    ``(B) Incorporation of federal activities.--The 
                guidelines established under subparagraph (A) shall 
                encompass, to the maximum extent practicable, 
                activities and practices carried out by appropriate 
                Federal agencies.
                    ``(C) Incorporation of state and local 
                activities.--The guidelines established under 
                subparagraph (A) shall encompass, to the maximum extent 
                practicable--
                            ``(i) the activities and practices carried 
                        out by States, local governments, and the 
                        private sector to safely build, regulate, 
                        operate, and maintain levees; and
                            ``(ii) Federal activities that facilitate 
                        State efforts to develop and implement 
                        effective State programs for the safety of 
                        levees, including levee inspection, levee 
                        rehabilitation, locally developed flood plain 
                        management, and public education and training 
                        programs.
                    ``(D) Review.--The Secretary shall allow States and 
                non-Federal interests, including appropriate 
                stakeholders, to review and comment on the guidelines 
                established under subparagraph (A) before the 
                guidelines are made final.
            ``(4) Assistance for state levee safety programs.--
                    ``(A) Eligibility.--To be eligible for technical 
                assistance under this subsection, a State shall--
                            ``(i) be in the process of establishing or 
                        have in effect a State levee safety program 
                        under which a State levee safety agency, in 
                        accordance with State law, carries out the 
                        guidelines established under paragraph (3); and
                            ``(ii) allocate sufficient funds in the 
                        budget of that State to carry out such State 
                        levee safety program.
                    ``(B) Work plans.--The Secretary shall enter into 
                an agreement with each State receiving technical 
                assistance under this subsection to develop a work plan 
                necessary for the State levee safety program of that 
                State to reach a level of program performance that 
                meets the guidelines established under paragraph (3).
                    ``(C) Inspection programs.--The Secretary shall 
                work with States receiving technical assistance under 
                this subsection to develop State technical guidelines 
                for levee inspection programs that--
                            ``(i) address hazard classifications and 
                        technically based frameworks for levee 
                        assessment; and
                            ``(ii) are incorporated into State levee 
                        safety programs.
                    ``(D) Maintenance of effort.--Technical assistance 
                may not be provided to a State under this subsection 
                during a fiscal year unless the State enters into an 
                agreement with the Secretary to ensure that the State 
                will maintain during that fiscal year aggregate 
                expenditures for programs to ensure levee safety that 
                are at or above the average annual level of such 
                expenditures for the State for the 2 fiscal years 
                preceding that fiscal year.''.

SEC. 124. VEGETATION ON LEVEES.

    (a) Review.--The Secretary of the Army, in accordance with 
subsection (c), shall undertake a comprehensive review of the Corps of 
Engineers policy guidelines on vegetation management for levees (in 
this section referred to as the ``guidelines''). The Secretary shall 
commence the review upon the date of enactment of this Act.
    (b) Factors.--
            (1) In general.--In conducting the review, the Secretary 
        shall examine the guidelines in view of--
                    (A) the varied interests and responsibilities in 
                managing flood risks, including the need to provide the 
                greatest levee safety benefit with limited resources;
                    (B) preserving, protecting, and enhancing natural 
                resources, including the potential benefit that 
                vegetation on levees can have in providing habitat for 
                species of concern;
                    (C) protecting the rights of Indian tribes pursuant 
                to treaties and statutes;
                    (D) determining how vegetation impacts the 
                performance of a levee or levee system during a storm 
                or flood event; and
                    (E) such other factors as the Secretary considers 
                appropriate.
            (2) Regional and watershed considerations.--In conducting 
        the review, the Secretary shall specifically consider factors 
        that promote and allow for consideration of potential variances 
        from national guidelines on a regional or watershed basis. Such 
        factors may include regional or watershed soil conditions, 
        hydrologic factors, vegetation patterns and characteristics, 
        environmental resources, levee performance history, 
        institutional considerations, and other relevant factors. The 
        scope of a variance approved by the Secretary may include an 
        exemption to national guidelines where appropriate.
    (c) Cooperation and Recommendations.--
            (1) In general.--The review shall be undertaken in 
        cooperation with interested Federal agencies and in 
        consultation with interested representatives of State and local 
        governments, Indian tribes, appropriate nongovernmental 
        organizations, and the public.
            (2) Recommendations.--Corps of Engineers Regional 
        Integration Teams, representing districts, divisions, and 
        headquarters, in consultation with State and Federal resources 
        agencies, and with participation by local agencies, shall 
        recommend to the Secretary vegetation management policies for 
        levees that conform with State and Federal laws and other 
        applicable requirements.
    (d) Revision of Guidelines.--
            (1) In general.--During the 1-year period beginning on the 
        date of enactment of this Act, the Secretary shall--
                    (A) provide the public 30 days to review and 
                comment on the guidelines;
                    (B) revise the guidelines based on consideration of 
                the results of the public review; and
                    (C) submit to Congress a report that contains a 
                summary of the activities of the Secretary and a 
                description of the findings of the Secretary under this 
                section.
            (2) Content; incorporation into manual.--The revised 
        guidelines shall--
                    (A) provide a practical process for approving 
                regional or watershed variances from the national 
                guidelines, reflecting due consideration of measures to 
                maximize public safety benefits with limited resources, 
                levee performance, regional climatic and hydrologic 
                variations, environmental quality, implementation 
                challenges, and allocation of responsibilities; and
                    (B) be incorporated into the manual proposed under 
                section 5(c) of the Act entitled ``An Act authorizing 
                the construction of certain public works on rivers and 
                harbors for flood control, and for other purposes'', 
                approved August 18, 1941 (33 U.S.C. 701n(c)).
    (e) Continuation of Work.--Concurrent with completion of the 
requirements of this section, the Secretary shall proceed without 
interruption or delay with those ongoing or programmed projects and 
studies, or elements of projects or studies, that are not directly 
related to vegetation variance policy.

SEC. 125. REDUCTION OF FEDERAL COSTS.

    Section 204(a) of the Water Resources Development Act of 1992 (33 
U.S.C. 2326(a)) is amended by adding at the end the following:
            ``(4) Reducing costs.--To reduce or avoid Federal costs, 
        the Secretary shall consider the beneficial use of dredged 
        material in a manner that contributes to the maintenance of 
        sediment resources in the nearby coastal system.''.

SEC. 126. ADVANCED MODELING TECHNOLOGIES.

    (a) In General.--To the greatest extent practicable, the Secretary 
shall encourage and incorporate advanced modeling technologies, 
including 3-dimensional digital modeling, for activities related to 
water resources development projects and studies.
    (b) Activities.--In carrying out subsection (a), the Secretary, to 
the greatest extent practicable, shall--
            (1) compile information related to advanced modeling 
        technologies, including industry best practices with respect to 
        the use of the technologies;
            (2) disseminate to non-Federal interests the information 
        described in paragraph (1); and
            (3) promote the use of advanced modeling technologies.
    (c) Advanced Modeling Technology Defined.--In this section, the 
term ``advanced modeling technology'' means an available or developing 
technology, including 3-dimensional digital modeling, that can expedite 
project delivery for or improve the evaluation of water resources 
development projects that receive Federal funding by--
            (1) accelerating and improving the environmental review 
        process;
            (2) increasing effective public participation;
            (3) enhancing the detail and accuracy of project designs;
            (4) increasing safety;
            (5) accelerating construction and reducing construction 
        costs; or
            (6) otherwise achieving such purposes.

SEC. 127. ENHANCED USE OF ELECTRONIC COMMERCE IN FEDERAL PROCUREMENT.

    (a) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report describing the 
Secretary's actions to carry out section 2301 of title 41, United 
States Code, regarding the use of electronic commerce in Federal 
procurement.
    (b) Contents.--The report submitted under subsection (a) shall 
include, with respect to the 2 fiscal years most recently ended before 
the fiscal year in which the report is submitted--
            (1) an identification of the number, type, and dollar value 
        of procurement solicitations with respect to which the public 
        was permitted to respond to the solicitation electronically, 
        which shall differentiate between solicitations that allowed 
        full or partial electronic submission;
            (2) an analysis of the information provided under paragraph 
        (1) and actions that could be taken by the Secretary to refine 
        and improve the use of electronic submission for procurement 
        solicitation responses;
            (3) an analysis of the potential benefits of and obstacles 
        to implementing fuller use of electronic submission for 
        procurement solicitation responses, including with respect to 
        cost savings, error reduction, paperwork reduction, increased 
        bidder participation, and competition, and expanded use of 
        electronic bid data collection for cost-effective contract 
        management and timely reporting; and
            (4) an analysis of the options and technologies available 
        to facilitate expanded implementation of electronic submission 
        for procurement solicitation responses and the suitability of 
        each option and technology for contracts of various types and 
        sizes.

SEC. 128. CORROSION PREVENTION.

    (a) In General.--To the greatest extent practicable, the Secretary 
shall encourage and incorporate corrosion prevention activities at 
water resources development projects.
    (b) Activities.--In carrying out subsection (a), the Secretary, to 
the greatest extent practicable, shall ensure that contractors 
performing work for water resources development projects--
            (1) use best practices to carry out corrosion prevention 
        activities in the field;
            (2) use industry recognized standards and corrosion 
        mitigation and prevention methods when--
                    (A) determining protective coatings;
                    (B) selecting materials; and
                    (C) determining methods of cathodic protection, 
                design, and engineering for corrosion prevention;
            (3) use certified coating application specialists and 
        cathodic protection technicians and engineers;
            (4) use best practices in environmental protection to 
        prevent environmental degradation, and to ensure careful 
        handling of all hazardous materials;
            (5) demonstrate a history of employing industry-certified 
        inspectors to ensure adherence to best practices and standards; 
        and
            (6) demonstrate a history of compliance with applicable 
        requirements of the Occupational Safety and Health 
        Administration.
    (c) Corrosion Prevention Activities Defined.--In this section, the 
term ``corrosion prevention activities'' means--
            (1) the application and inspection of protective coatings 
        for complex work involving steel and cementitious structures, 
        including structures that will be exposed in immersion;
            (2) the installation, testing, and inspection of cathodic 
        protection systems; and
            (3) any other activities related to corrosion prevention 
        the Secretary determines appropriate.

SEC. 129. RESILIENT CONSTRUCTION AND USE OF INNOVATIVE MATERIALS.

    The Secretary, to the extent practicable, shall encourage the use 
of durable, resilient, and sustainable materials and practices, 
including the use of geosynthetic materials and innovative 
technologies, in carrying out the activities of the Corps of Engineers.

SEC. 130. ASSESSMENT OF WATER SUPPLY IN ARID REGIONS.

    (a) In General.--The Secretary shall conduct an assessment of the 
management practices, priorities, and authorized purposes at Corps of 
Engineers reservoirs in arid regions to determine the effects of such 
practices, priorities, and purposes on water supply during periods of 
drought.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report on the results of 
the assessment.

SEC. 131. RIVER BASIN COMMISSIONS.

    Section 5019 of the Water Resources Development Act of 2007 (121 
Stat. 1201) is amended by adding at the end the following:
    ``(f) Report.--After each fiscal year, if the Secretary did not 
allocate funds in accordance with subsection (b), the Secretary, in 
conjunction with the President's next submission to Congress of a 
budget under section 1105(a) of title 31, United States Code, shall 
submit to Congress a report that describes--
            ``(1) the reasons why the Secretary did not allocate funds 
        in accordance with subsection (b) during that fiscal year; and
            ``(2) the impact, on the jurisdiction of each Commission 
        specified in subsection (b), of not allocating the funds, 
        including with respect to--
                    ``(A) water supply allocation;
                    ``(B) water quality protection;
                    ``(C) regulatory review and permitting;
                    ``(D) water conservation;
                    ``(E) watershed planning;
                    ``(F) drought management;
                    ``(G) flood loss reduction;
                    ``(H) recreation; and
                    ``(I) energy development.''.

SEC. 132. SENSE OF CONGRESS REGARDING WATER RESOURCES DEVELOPMENT 
              BILLS.

    (a) Findings.--Congress finds the following:
            (1) Between 1986 and 2000, a water resources development 
        bill was typically enacted every 2 years.
            (2) Since 2000, only 1 water resources development bill has 
        been enacted.
    (b) Sense of Congress.--It is the sense of Congress that, because 
the missions of the Corps of Engineers are unique and benefit all 
individuals in the United States and because water resources 
development projects are critical to maintaining economic prosperity, 
national security, and environmental protection, Congress should 
consider a water resources development bill not less than once every 
Congress.

                   TITLE II--NAVIGATION IMPROVEMENTS

                           Subtitle A--Ports

SEC. 201. EXPANDED USE OF HARBOR MAINTENANCE TRUST FUND.

    (a) In General.--For any fiscal year in which target appropriations 
described in subsection (b) are met, the Secretary may use up to 5 
percent of the total amount made available to the Secretary from the 
Harbor Maintenance Trust Fund for the eligible operations and 
maintenance costs described in section 210(a)(2) of the Water Resources 
Development Act of 1986 (33 U.S.C. 2238(a)(2)) for that fiscal year for 
expanded uses of the Harbor Maintenance Trust Fund.
    (b) Target Appropriations.--For purposes of this section, target 
appropriations are met for a fiscal year if the total amount made 
available to the Secretary from the Harbor Maintenance Trust Fund for 
that fiscal year equals or exceeds, as determined by the Secretary, the 
following:
            (1) For fiscal year 2014, 65 percent of the total amount of 
        harbor maintenance taxes received in fiscal year 2013.
            (2) For fiscal year 2015, 67 percent of the total amount of 
        harbor maintenance taxes received in fiscal year 2014.
            (3) For fiscal year 2016, 69 percent of the total amount of 
        harbor maintenance taxes received in fiscal year 2015.
            (4) For fiscal year 2017, 71 percent of the total amount of 
        harbor maintenance taxes received in fiscal year 2016.
            (5) For fiscal year 2018, 73 percent of the total amount of 
        harbor maintenance taxes received in fiscal year 2017.
            (6) For fiscal year 2019, 75 percent of the total amount of 
        harbor maintenance taxes received in fiscal year 2018.
            (7) For fiscal year 2020, and each fiscal year thereafter, 
        80 percent of total amount of harbor maintenance taxes received 
        in the previous fiscal year.
    (c) Definitions.--In this section, the following definitions apply:
            (1) Eligible harbors and inland harbors defined.--The term 
        ``eligible harbor or inland harbor'' means a harbor or inland 
        harbor that, historically, as determined by the Secretary--
                    (A) generates an amount of harbor maintenance 
                taxes; that exceeds
                    (B) the value of maintenance dredging work carried 
                out for the harbor or inland harbor using amounts from 
                the Harbor Maintenance Trust Fund.
            (2) Expanded uses.--The term ``expanded uses'' means the 
        following activities performed for an eligible harbor or inland 
        harbor:
                    (A) The maintenance dredging of a berth in a harbor 
                that is accessible to a Federal navigation project and 
                that benefits commercial navigation at the harbor.
                    (B) The maintenance dredging and disposal of 
                legacy-contaminated sediment, and sediment unsuitable 
                for open water disposal, if--
                            (i) such dredging and disposal benefits 
                        commercial navigation at the harbor; and
                            (ii) such sediment--
                                    (I) is located in and affects the 
                                maintenance of a Federal navigation 
                                project; or
                                    (II) is located in a berth that is 
                                accessible to a Federal navigation 
                                project.
            (3) Total amount of harbor maintenance taxes received.--The 
        term ``total amount of harbor maintenance taxes received'' 
        means, with respect to a fiscal year, the aggregate of amounts 
        appropriated, transferred, or credited to the Harbor 
        Maintenance Trust Fund under section 9505(a) of the Internal 
        Revenue Code of 1986 for that fiscal year as set forth in the 
        current year estimate provided in the President's budget 
        request for the subsequent fiscal year, submitted pursuant to 
        section 1105 of title 31, United States Code.
    (d) Conforming Amendment.--Section 9505(c)(1) of the Internal 
Revenue Code of 1986 is amended by striking ``(as in effect on the date 
of the enactment of the Water Resources Development Act of 1996)''.
    (e) Sense of Congress.--It is the sense of Congress that any 
increase in harbor maintenance programs described in this section shall 
result from an overall increase in appropriations for the civil works 
program of the Corps of Engineers and not from similar reductions in 
the appropriations for other programs, projects, and activities carried 
out by the Corps of Engineers for other authorized purposes.

SEC. 202. ASSESSMENT AND PRIORITIZATION OF OPERATION AND MAINTENANCE.

    (a) Assessment.--Section 210 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2238) is amended by adding at the end the following:
    ``(c) Assessment of Operation and Maintenance Needs.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of this subsection, and biennially thereafter, the 
        Secretary shall assess the operation and maintenance needs of 
        the harbors referred to in subsection (a)(2).
            ``(2) Types of harbors.--In carrying out paragraph (1), the 
        Secretary shall assess the operation and maintenance needs of 
        the harbors used for--
                    ``(A) commercial navigation;
                    ``(B) commercial fishing;
                    ``(C) subsistence, including utilization by Indian 
                tribes (as such term is defined in section 4 of the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 450b)) for subsistence and ceremonial 
                purposes;
                    ``(D) use as a harbor of refuge;
                    ``(E) transportation of persons;
                    ``(F) purposes relating to domestic energy 
                production, including the fabrication, servicing, or 
                supply of domestic offshore energy production 
                facilities;
                    ``(G) activities of the Secretary of the department 
                in which the Coast Guard is operating;
                    ``(H) public health and safety related equipment 
                for responding to coastal and inland emergencies;
                    ``(I) recreation purposes; and
                    ``(J) any other authorized purpose.
            ``(3) Report to congress.--For fiscal year 2015, and 
        biennially thereafter, in conjunction with the President's 
        annual budget submission to Congress under section 1105(a) of 
        title 31, United States Code, the Secretary shall submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a report that, with respect to harbors 
        referred to in subsection (a)(2)--
                    ``(A) identifies the operation and maintenance 
                costs associated with the harbors, including those 
                costs required to achieve and maintain the authorized 
                length, width, and depth for the harbors, on a project-
                by-project basis;
                    ``(B) identifies the amount of funding requested in 
                the President's budget for the operation and 
                maintenance costs associated with the harbors, on a 
                project-by-project basis;
                    ``(C) identifies the unmet operation and 
                maintenance needs associated with the harbors, on a 
                project-by-project basis; and
                    ``(D) identifies the harbors for which the 
                President will allocate funding over the next 5 fiscal 
                years for operation and maintenance activities, on a 
                project-by-project basis, including the amounts to be 
                allocated for such purposes.''.
    (b) Operation and Maintenance of Emerging Harbor Projects.--Section 
210 of such Act (33 U.S.C. 2238) is further amended by adding at the 
end the following:
    ``(d) Operation and Maintenance of Emerging Harbor Projects.--
            ``(1) In general.--To the maximum extent practicable, the 
        Secretary shall make expenditures to pay for operation and 
        maintenance costs of the harbors referred to in subsection 
        (a)(2), including expenditures of funds appropriated from the 
        Harbor Maintenance Trust Fund, based on an equitable allocation 
        of funds among all such harbors, regardless of the size or 
        tonnage throughput of the harbor.
            ``(2) Criteria.--In determining the equitable allocation of 
        funds under paragraph (1), the Secretary shall--
                    ``(A) utilize the information obtained in the 
                assessment conducted under subsection (c);
                    ``(B) consider the national and regional 
                significance of harbor operation and maintenance; and
                    ``(C) not make such allocation based solely on the 
                tonnage transiting through a harbor.
            ``(3) Emerging harbors.--
                    ``(A) In general.--Notwithstanding paragraph (1), 
                in making expenditures described in paragraph (1) for 
                each of fiscal years 2015 and 2016, the Secretary shall 
                allocate not less than 10 percent of the total amount 
                of the expenditures to pay for operation and 
                maintenance costs of emerging harbors.
                    ``(B) Emerging harbor defined.--In this paragraph, 
                the term `emerging harbor' means a harbor referred to 
                in subsection (a)(2) that transits less than 1,000,000 
                tons of commerce annually.
            ``(4) Emergency expenditures.--Nothing in this subsection 
        may be construed to prohibit the Secretary from making an 
        expenditure to pay for the operation and maintenance costs of a 
        specific harbor, including the transfer of funding from the 
        operation and maintenance of a separate project, if--
                    ``(A) the Secretary determines that the action is 
                necessary to address the navigation needs of a harbor 
                where safe navigation has been severely restricted due 
                to an unforeseen event; and
                    ``(B) the Secretary provides advance notice and 
                information on the need for the action to the Committee 
                on Transportation and Infrastructure and the Committee 
                on Appropriations of the House of Representatives and 
                the Committee on Environment and Public Works and the 
                Committee on Appropriations of the Senate.
            ``(5) Management of great lakes navigation system.--To 
        sustain effective and efficient operation and maintenance of 
        the Great Lakes Navigation System, including any navigation 
        feature in the Great Lakes that is a Federal responsibility 
        with respect to operation and maintenance, the Secretary shall 
        manage and allocate funding for all of the individually 
        authorized projects in the Great Lakes Navigation System as 
        components of a single, comprehensive system, recognizing the 
        interdependence of the projects.''.

SEC. 203. PRESERVING UNITED STATES HARBORS.

    (a) In General.--The Secretary may enter into an agreement with a 
non-Federal interest, at the request of the non-Federal interest, under 
which the Secretary agrees to maintain a navigation project for a 
harbor or inland harbor (in this section referred to as a ``federally 
authorized harbor'') in accordance with section 101(b) of the Water 
Resources Development Act of 1986 (33 U.S.C. 2211(b)).
    (b) Report by Non-Federal Interest.--
            (1) In general.--To be eligible to enter into an agreement 
        under subsection (a) with respect to a federally authorized 
        harbor, a non-Federal interest shall submit to the Secretary a 
        report justifying economic investment in maintenance of the 
        harbor.
            (2) Justification of investment.--A report submitted under 
        paragraph (1) may justify economic investment in the 
        maintenance of a federally authorized harbor based on--
                    (A) projected economic benefits, including 
                transportation savings and job creation; and
                    (B) other factors, including navigation safety, 
                national security, and sustainability of subsistence 
                harbors.
            (3) Termination of certain agreements.--An agreement 
        entered into under subsection (a) with respect to a federally 
        authorized harbor shall contain terms to allow the Secretary to 
        terminate the agreement if the Secretary determines that 
        Federal economic investment in maintaining the harbor is no 
        longer justified.
    (c) Limitation on Statutory Construction.--Nothing in this section 
may be construed to preclude the operation and maintenance of a 
federally authorized harbor under section 101(b) of the Water Resources 
Development Act of 1986 (33 U.S.C. 2211(b)).

SEC. 204. CONSOLIDATION OF DEEP DRAFT NAVIGATION EXPERTISE.

    Section 2033(e) of the Water Resources Development Act of 2007 (33 
U.S.C. 2282a(e)) is amended by adding at the end the following:
            ``(3) Deep draft navigation planning center of expertise.--
                    ``(A) In general.--The Secretary shall consolidate 
                deep draft navigation expertise within the Corps of 
                Engineers into a deep draft navigation planning center 
                of expertise.
                    ``(B) List.--Not later than 60 days after the date 
                of the consolidation required under subparagraph (A), 
                the Secretary shall submit to the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives and the Committee on Environment and 
                Public Works of the Senate a list of personnel, 
                including the grade levels and expertise of the 
                personnel, assigned to the center described in 
                subparagraph (A).''.

SEC. 205. DISPOSAL SITES.

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

                      Subtitle B--Inland Waterways

SEC. 211. DEFINITIONS.

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

SEC. 212. PROJECT DELIVERY PROCESS REFORMS.

    (a) Requirements for Qualifying Projects.--With respect to each 
qualifying project, the Secretary shall require--
            (1) for each project manager, that--
                    (A) the project manager have formal project 
                management training and certification; and
                    (B) the project manager be assigned from among 
                personnel certified by the Chief of Engineers; and
            (2) for an applicable cost estimation, that--
                    (A) the Secretary utilize a risk-based cost 
                estimate with a confidence level of at least 80 
                percent; and
                    (B) the cost estimate be implemented--
                            (i) for a qualifying project that requires 
                        an increase in the authorized amount in 
                        accordance with section 902 of the Water 
                        Resources Development Act of 1986 (33 U.S.C. 
                        2280), during the preparation of a post-
                        authorization change report or other similar 
                        decision document;
                            (ii) for a qualifying project for which the 
                        first construction contract has not been 
                        awarded, prior to the award of the first 
                        construction contract;
                            (iii) for a qualifying project without a 
                        completed feasibility report in accordance with 
                        section 905 of the Water Resources Development 
                        Act of 1986 (33 U.S.C. 2282), prior to the 
                        completion of such a report; and
                            (iv) for a qualifying project with a 
                        completed feasibility report in accordance with 
                        section 905 of the Water Resources Development 
                        Act of 1986 (33 U.S.C. 2282) that has not yet 
                        been authorized, during design for the 
                        qualifying project.
    (b) Additional Project Delivery Process Reforms.--Not later than 18 
months after the date of enactment of this Act, the Secretary shall--
            (1) establish a system to identify and apply on a 
        continuing basis best management practices from prior or 
        ongoing qualifying projects to improve the likelihood of on-
        time and on-budget completion of qualifying projects;
            (2) evaluate early contractor involvement acquisition 
        procedures to improve on-time and on-budget project delivery 
        performance; and
            (3) implement any additional measures that the Secretary 
        determines will achieve the purposes of this subtitle, 
        including--
                    (A) the implementation of applicable practices and 
                procedures developed pursuant to management by the 
                Secretary of an applicable military construction 
                program;
                    (B) the development and use of a portfolio of 
                standard designs for inland navigation locks;
                    (C) the use of full-funding contracts or 
                formulation of a revised continuing contracts clause; 
                and
                    (D) the establishment of procedures for 
                recommending new project construction starts using a 
                capital projects business model.
    (c) Pilot Projects.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        may carry out pilot projects to evaluate processes and 
        procedures for the study, design, and construction of 
        qualifying projects.
            (2) Inclusions.--At a minimum, the Secretary shall carry 
        out pilot projects under this subsection to evaluate--
                    (A) early contractor involvement in the development 
                of features and components;
                    (B) an appropriate use of continuing contracts for 
                the construction of features and components; and
                    (C) applicable principles, procedures, and 
                processes used for military construction projects.
    (d) Inland Waterways User Board.--Section 302 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2251) is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Duties of Users Board.--
            ``(1) In general.--The Users Board shall meet not less 
        frequently than semiannually to develop and make 
        recommendations to the Secretary and Congress regarding the 
        inland waterways and inland harbors of the United States.
            ``(2) Advice and recommendations.--For commercial 
        navigation features and components of the inland waterways and 
        inland harbors of the United States, the Users Board shall 
        provide--
                    ``(A) prior to the development of the budget 
                proposal of the President for a given fiscal year, 
                advice and recommendations to the Secretary regarding 
                construction and rehabilitation priorities and spending 
                levels;
                    ``(B) advice and recommendations to Congress 
                regarding any completed feasibility report in 
                accordance with section 905 of the Water Resources 
                Development Act of 1986 (33 U.S.C. 2282) relating to 
                those features and components;
                    ``(C) advice and recommendations to Congress 
                regarding an increase in the authorized cost of those 
                features and components;
                    ``(D) not later than 60 days after the date of the 
                submission of the budget proposal of the President to 
                Congress, advice and recommendations to Congress 
                regarding construction and rehabilitation priorities 
                and spending levels; and
                    ``(E) advice and recommendations on the development 
                of a long-term capital investment program in accordance 
                with subsection (d).
            ``(3) Project development teams.--The chairperson of the 
        Users Board shall appoint a representative of the Users Board 
        to serve as an informal advisor to the project development team 
        for a qualifying project or the study or design of a commercial 
        navigation feature or component of the inland waterways and 
        inland harbors of the United States.
            ``(4) Independent judgment.--Any advice or recommendation 
        made by the Users Board to the Secretary shall reflect the 
        independent judgment of the Users Board.'';
            (2) by striking subsection (c) and inserting the following:
    ``(c) Duties of Secretary.--The Secretary shall--
            ``(1) communicate not less than once each quarter to the 
        Users Board the status of the study, design, or construction of 
        all commercial navigation features or components of the inland 
        waterways or inland harbors of the United States; and
            ``(2) submit to the Users Board a courtesy copy of all 
        completed feasibility reports relating to a commercial 
        navigation feature or component of the inland waterways or 
        inland harbors of the United States.
    ``(d) Capital Investment Program.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, the Secretary, in coordination 
        with the Users Board, shall develop and submit to Congress a 
        report describing a 20-year program for making capital 
        investments on the inland and intracoastal waterways based on 
        the application of objective, national project selection 
        prioritization criteria.
            ``(2) Consideration.--In developing the program under 
        paragraph (1), the Secretary shall take into consideration the 
        20-year capital investment strategy contained in the Inland 
        Marine Transportation System (IMTS) Capital Projects Business 
        Model, Final Report published on April 13, 2010, as approved by 
        the Users Board.
            ``(3) Criteria.--In developing the plan and prioritization 
        criteria under paragraph (1), the Secretary shall ensure, to 
        the maximum extent practicable, that investments made under the 
        20-year program described in paragraph (1)--
                    ``(A) are made in all geographical areas of the 
                inland waterways system; and
                    ``(B) ensure efficient funding of inland waterways 
                projects.
            ``(4) Strategic review and update.--Not later than 5 years 
        after the date of enactment of this subsection, and not less 
        frequently than once every 5 years thereafter, the Secretary, 
        in coordination with the Users Board, shall--
                    ``(A) submit to Congress a strategic review of the 
                20-year program in effect under this subsection, which 
                shall identify and explain any changes to the project-
                specific recommendations contained in the previous 20-
                year program (including any changes to the 
                prioritization criteria used to develop the updated 
                recommendations); and
                    ``(B) make revisions to the program, as 
                appropriate.
    ``(e) Project Management Plans.--The chairperson of the Users Board 
and the project development team member appointed by the chairperson 
under subsection (b)(3) may sign the project management plan for the 
qualifying project or the study or design of a commercial navigation 
feature or component of the inland waterways and inland harbors of the 
United States.
    ``(f) Administration.--The Users Board shall be subject to the 
Federal Advisory Committee Act, other than section 14, and, with the 
consent of the appropriate agency head, the Users Board may use the 
facilities and services of any Federal agency. For the purposes of 
complying with such Act, the members of the Users Board shall not be 
considered special Government employees (as defined in section 202 of 
title 18, United States Code). Non-Federal members of the Users Board 
while engaged in the performance of their duties away from their homes 
or regular places of business, may be allowed travel expenses, 
including per diem in lieu of subsistence, as authorized by section 
5703 of title 5, United States Code.''.

SEC. 213. EFFICIENCY OF REVENUE COLLECTION.

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

SEC. 214. INLAND WATERWAYS REVENUE STUDIES.

    (a) Inland Waterways Construction Bonds Study.--
            (1) Study.--The Secretary, in coordination with the 
        Secretary of the Treasury, shall conduct a study on the 
        feasibility of authorizing the issuance of federally tax-exempt 
        bonds secured against the available proceeds, including 
        projected annual receipts, in the Inland Waterways Trust Fund 
        established by section 9506(a) of the Internal Revenue Code of 
        1986.
            (2) Contents.--In carrying out the study, the Secretary and 
        the Secretary of the Treasury shall examine the implications of 
        and the potential revenues that could be generated by the 
        issuance of such bonds.
            (3) Consultation.--In carrying out the study, the Secretary 
        and the Secretary of the Treasury, at a minimum, shall consult 
        with--
                    (A) representatives of the Inland Waterway Users 
                Board established by section 302 of the Water Resources 
                Development Act of 1986 (33 U.S.C. 2251);
                    (B) representatives of the commodities and bulk 
                cargos that are currently shipped for commercial 
                purposes on the segments of the inland and intracoastal 
                waterways listed in section 206 of the Inland Waterways 
                Revenue Act of 1978 (33 U.S.C. 1804);
                    (C) representatives of other users of locks and 
                dams on the inland and intracoastal waterways, 
                including persons owning, operating, using, or 
                otherwise benefitting from--
                            (i) hydropower generation facilities;
                            (ii) electric utilities that rely on the 
                        waterways for cooling of existing electricity 
                        generation facilities;
                            (iii) municipal and industrial water 
                        supply;
                            (iv) recreation;
                            (v) irrigation water supply; or
                            (vi) flood damage reduction;
                    (D) other stakeholders associated with the inland 
                and intracoastal waterways, as identified by the 
                Secretary or the Secretary of the Treasury; and
                    (E) the heads of other appropriate Federal 
                agencies, including the Secretary of Transportation, 
                the Secretary of the Interior, and the Administrator of 
                the Environmental Protection Agency.
            (4) Report to congress.--Not later than 1 year after the 
        date of enactment of this Act, the Secretary and the Secretary 
        of the Treasury shall submit a joint report on the results of 
        the study to--
                    (A) the Committee on Transportation and 
                Infrastructure, the Committee on Ways and Means, and 
                the Committee on the Budget of the House of 
                Representatives; and
                    (B) the Committee on Environment and Public Works, 
                the Committee on Finance, and the Committee on the 
                Budget of the Senate.
    (b) Potential Fees for Beneficiaries and Users of Inland and 
Intracoastal Waterways Infrastructure.--
            (1) In general.--The Secretary shall conduct a study and 
        submit to Congress a report on potential user fees and revenues 
        from other sources that could be collected to generate 
        additional revenues for the Inland Waterways Trust Fund 
        established by section 9506(a) of the Internal Revenue Code of 
        1986.
            (2) Scope of study.--
                    (A) In general.--In carrying out the study, the 
                Secretary shall evaluate an array of potential user 
                fees and other revenues options that, when combined 
                with funds generated by section 4042 of the Internal 
                Revenue Code of 1986, are sufficient to support one-
                half of annual construction expenditure levels of 
                $380,000,000 for the authorized purposes of the Inland 
                Waterways Trust Fund.
                    (B) Potential revenue options for study.--In 
                carrying out the study, the Secretary, at a minimum, 
                shall evaluate potential user fees and other revenue 
                options identified in--
                            (i) the report of the Congressional Budget 
                        Office entitled ``Paying for Highways, Airways, 
                        and Waterways: How Can Users Be Charged?'', 
                        dated May 1, 1992;
                            (ii) the draft bill submitted by the 
                        Assistant Secretary of the Army (Civil Works) 
                        to Congress entitled the ``Lock User Fee Act of 
                        2008'', dated April 4, 2008;
                            (iii) the Inland Marine Transportation 
                        System (IMTS) Capital Projects Business Model, 
                        Final Report, published on April 12, 2010, as 
                        approved by the Inland Waterways Users Board 
                        established by section 302 of the Water 
                        Resources Development Act of 1986 (33 U.S.C. 
                        2251); and
                            (iv) the draft bill submitted by the 
                        President to Congress entitled the ``Inland 
                        Waterways Capital Investment Act of 2011'', 
                        dated September 2011.
            (3) Conduct of study.--In carrying out the study, the 
        Secretary shall--
                    (A) take into consideration whether the potential 
                user fees and revenues from other sources--
                            (i) are equitably associated with the 
                        construction, operation, and maintenance of 
                        inland and intracoastal waterway 
                        infrastructure, including locks, dams, and 
                        navigation channels; and
                            (ii) can be efficiently collected;
                    (B) consult with, at a minimum--
                            (i) representatives of the Inland Waterways 
                        Users Board; and
                            (ii) representatives of other nonnavigation 
                        beneficiaries of inland and intracoastal 
                        waterway infrastructure, including persons 
                        benefitting from--
                                    (I) municipal water supply;
                                    (II) hydropower;
                                    (III) recreation;
                                    (IV) industrial water supply;
                                    (V) flood damage reduction;
                                    (VI) agricultural water supply;
                                    (VII) environmental restoration;
                                    (VIII) local and regional economic 
                                development; or
                                    (IX) local real estate interests; 
                                and
                            (iii) representatives of other interests, 
                        as identified by the Secretary; and
                    (C) provide the opportunity for public hearings in 
                each of the geographic regions that contain segments of 
                the inland and intracoastal waterways listed in section 
                206 of the Inland Waterways Revenue Act of 1978 (33 
                U.S.C. 1804).
            (4) Report to congress.--Not later than 1 year after the 
        date of enactment of this Act, the Secretary shall submit a 
        report on the results of the study to--
                    (A) the Committee on Transportation and 
                Infrastructure, the Committee on Ways and Means, and 
                the Committee on the Budget of the House of 
                Representatives; and
                    (B) the Committee on Environment and Public Works, 
                the Committee on Finance, and the Committee on the 
                Budget of the Senate.

SEC. 215. INLAND WATERWAYS STAKEHOLDER ROUNDTABLE.

    (a) In General.--The Secretary shall conduct an inland waterways 
stakeholder roundtable to provide for a review and evaluation of 
alternative approaches--
            (1) to address the financial needs of the Inland Waterways 
        Trust Fund; and
            (2) to support the water infrastructure needs of the Inland 
        Waterways System.
    (b) Selection of Participants.--
            (1) In general.--Not later than 45 days after the date on 
        which the Secretary submits to Congress the report required by 
        section 214(b), the Secretary shall select individuals to be 
        invited to participate in the stakeholder roundtable.
            (2) Composition.--The individuals selected under paragraph 
        (1) shall include--
                    (A) representatives of affected shippers and 
                suppliers;
                    (B) representatives of State and Federal water 
                managers; and
                    (C) other interested persons with direct knowledge 
                of the Inland Waterways System.
    (c) Framework and Agenda.--The Secretary shall work with a group of 
the individuals selected under subsection (b) to develop the framework 
and agenda for the stakeholder roundtable.
    (d) Conduct of Stakeholder Roundtable.--
            (1) In general.--Not later than 120 days after the date on 
        which the Secretary submits to Congress the report required by 
        section 214(b), the Secretary shall conduct the stakeholder 
        roundtable.
            (2) Issues to be discussed.--The stakeholder roundtable 
        shall provide for the review and evaluation described in 
        subsection (a) and shall include the following:
                    (A) An evaluation of alternatives that have been 
                developed to address funding options for the Inland 
                Waterways System.
                    (B) An evaluation of the funding status of the 
                Inland Waterways Trust Fund.
                    (C) Prioritization of the ongoing and projected 
                water infrastructure needs of the Inland Waterways 
                System.
                    (D) Identification of a process forward for meeting 
                such needs, with timeline for addressing the funding 
                challenges for the inland waterways trust system.
    (e) Report to Congress.--Not later than 180 days after the date on 
which the Secretary submits to Congress the report required by section 
214(b), the Secretary shall submit to Congress a report that contains--
            (1) a summary the stakeholder roundtable, including areas 
        of concurrence on funding approaches and areas or disagreement 
        in meeting funding needs; and
            (2) recommendations developed by the Secretary for logical 
        next steps to address the issues discussed at the stakeholder 
        roundtable.

SEC. 216. PRESERVING THE INLAND WATERWAY TRUST FUND.

    (a) Olmsted Project Reform.--
            (1) In general.--Notwithstanding section 102(a) of the 
        Water Resources Development Act of 1986 (33 U.S.C. 2212(a)), 
        for each fiscal year beginning after the date of enactment of 
        this Act, 25 percent of the cost of construction for the 
        Olmsted Project shall be paid from amounts appropriated from 
        the Inland Waterways Trust Fund.
            (2) Definition.--In this subsection the term ``Olmsted 
        Project'' means the project for navigation, Lower Ohio River, 
        Locks 52 and 53, Illinois and Kentucky, authorized by section 
        3(a)(6) of the Water Resources Development Act of 1988 (102 
        Stat. 4013).
            (3) Sense of congress.--It is the sense of Congress that 
        the appropriation for the Olmsted project should be not less 
        than $150,000,000 for each fiscal year until construction of 
        the project is completed.
            (4) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit a report to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Environment and Public 
        Works of the Senate regarding the lessons learned from the 
        experience of planning and constructing the Olmsted Project and 
        how such lessons might apply to future inland waterway studies 
        and projects.
    (b) Annual Report on Progress and Costs.--For any inland waterways 
project that the Secretary carries out that has an estimated total cost 
of $500,000,000 or more, the Secretary shall submit to the 
congressional committees referred to in subsection (a)(4) an annual 
financial plan for the project. The plan shall be based on detailed 
annual estimates of the cost to complete the remaining elements of the 
project and on reasonable assumptions, as determined by the Secretary, 
of any future increases of the cost to complete the project.

SEC. 217. PUBLIC COMMENT ON LOCK OPERATIONS.

    At least 90 days before carrying out a proposed modification to the 
operation of a lock at a project for navigation on the inland 
waterways, the Secretary shall--
            (1) provide notice of the proposed modification in the 
        Federal Register; and
            (2) accept public comments on the proposed modification.

SEC. 218. ASSESSMENT OF OPERATION AND MAINTENANCE NEEDS OF THE ATLANTIC 
              INTRACOASTAL WATERWAY.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary shall assess the operation and maintenance 
needs of the Atlantic Intracoastal Waterway.
    (b) Types of Activities.--In carrying out subsection (a), the 
Secretary shall assess the operation and maintenance needs of the 
Atlantic Intracoastal Waterway as used for the following purposes:
            (1) Commercial navigation.
            (2) Commercial fishing.
            (3) Subsistence, including utilization by Indian tribes (as 
        such term is defined by section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b)) 
        for subsistence and ceremonial purposes.
            (4) Use as ingress and egress to harbors of refuge.
            (5) Transportation of persons.
            (6) Purposes relating to domestic energy production, 
        including fabrication, servicing, and supply of domestic 
        offshore energy production facilities.
            (7) Activities of the Secretary of the department in which 
        the Coast Guard is operating.
            (8) Public health and safety related equipment for 
        responding to coastal and inland emergencies.
            (9) Recreation purposes.
            (10) Any other authorized purpose.
    (c) Report to Congress.--For fiscal year 2015, and biennially 
thereafter, in conjunction with the President's annual budget 
submission to Congress under section 1105(a) of title 31, United States 
Code, the Secretary shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report that, with respect 
to the Atlantic Intracoastal Waterway--
            (1) identifies the operation and maintenance costs required 
        to achieve the authorized length, width, and depth;
            (2) identifies the amount of funding requested in the 
        President's budget for operation and maintenance costs; and
            (3) identifies the unmet operation and maintenance needs of 
        the Atlantic Intracoastal Waterway.

SEC. 219. UPPER MISSISSIPPI RIVER PROTECTION.

    (a) Economic Impact Study.--Not later than 180 days after the date 
of enactment of this Act, the Secretary shall conduct a study and 
submit to Congress a report on the impact of closing the Upper St. 
Anthony Falls Lock and Dam on the economy and the environment, 
including an assessment of the annual average tonnage moving through 
the Upper St. Anthony Falls Lock and Dam during the preceding 5 years.
    (b) Mandatory Closure.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall close the Upper St. Anthony 
Falls Lock and Dam if the Secretary determines pursuant to the study 
conducted under subsection (a) that the annual average tonnage moving 
through the Upper St. Anthony Falls Lock and Dam during the preceding 5 
years was not more than 1,500,000 tons.
    (c) Emergency Operations.--Nothing in this section may be construed 
to prevent the Secretary from carrying out emergency lock operations 
necessary to mitigate flood damage.
    (d) Upper St. Anthony Falls Lock and Dam Defined.--In this section, 
the term ``Upper St. Anthony Falls Lock and Dam'' means the lock and 
dam located on Mississippi River Mile 853.9 in Minneapolis, Minnesota.

SEC. 220. CORPS OF ENGINEERS LOCK AND DAM ENERGY DEVELOPMENT.

    Section 1117 of the Water Resources Development Act of 1986 (100 
Stat. 4236) is amended to read as follows:

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

    ``(a) In General.--The Cherokee Nation of Oklahoma may--
            ``(1) design and construct one or more hydroelectric 
        generating facilities at the W.D. Mayo Lock and Dam on the 
        Arkansas River, Oklahoma; and
            ``(2) market the electricity generated from any such 
        facility.
    ``(b) Preconstruction Requirements.--
            ``(1) Permits.--Before the date on which construction of a 
        hydroelectric generating facility begins under subsection (a), 
        the Cherokee Nation shall obtain any permit required under 
        Federal or State law, except that the Cherokee Nation shall be 
        exempt from licensing requirements that may otherwise apply to 
        construction, operation, or maintenance of the facility under 
        the Federal Power Act (16 U.S.C. 791a et seq.).
            ``(2) Review of plans and specifications.--The Cherokee 
        Nation may initiate the design or construction of a 
        hydroelectric generating facility under subsection (a) only 
        after the Secretary reviews and approves the plans and 
        specifications for the design and construction.
    ``(c) Payment of Design and Construction Costs.--
            ``(1) In general.--The Secretary may accept funds offered 
        by the Cherokee Nation and use such funds to carry out the 
        design and construction of a hydroelectric generating facility 
        under subsection (a).
            ``(2) Allocation of costs.--The Cherokee Nation shall--
                    ``(A) bear all costs associated with the design and 
                construction of a hydroelectric generating facility 
                under subsection (a); and
                    ``(B) provide any funds necessary for the design 
                and construction to the Secretary prior to the 
                Secretary initiating any activities related to the 
                design and construction.
    ``(d) Assumption of Liability.--The Cherokee Nation shall--
            ``(1) hold all title to a hydroelectric generating facility 
        constructed under subsection (a) and may, subject to the 
        approval of the Secretary, assign such title to a third party;
            ``(2) be solely responsible for--
                    ``(A) the operation, maintenance, repair, 
                replacement, and rehabilitation of the facility; and
                    ``(B) the marketing of the electricity generated by 
                the facility; and
            ``(3) release and indemnify the United States from any 
        claims, causes of action, or liabilities that may arise out of 
        any activity undertaken to carry out this section.
    ``(e) Assistance Available.--The Secretary may provide technical 
and construction management assistance requested by the Cherokee Nation 
relating to the design and construction of a hydroelectric generating 
facility under subsection (a).
    ``(f) Third Party Agreements.--The Cherokee Nation may enter into 
agreements with the Secretary or a third party that the Cherokee Nation 
or the Secretary determines are necessary to carry out this section.''.

           TITLE III--DEAUTHORIZATIONS AND BACKLOG PREVENTION

SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS.

    (a) Purposes.--The purposes of this section are--
            (1) to identify $12,000,000,000 in water resources 
        development projects authorized by Congress that are no longer 
        viable for construction due to--
                    (A) a lack of local support;
                    (B) a lack of available Federal or non-Federal 
                resources; or
                    (C) an authorizing purpose that is no longer 
                relevant or feasible;
            (2) to create an expedited and definitive process to 
        deauthorize water resources development projects that are no 
        longer viable for construction; and
            (3) to allow the continued authorization of water resources 
        development projects that are viable for construction.
    (b) Deauthorization of Projects Authorized Before WRDA 2007.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate, and shall publish in the Federal Register, 
        a report that lists each authorized water resources development 
        project, or separable element of a project, authorized for 
        construction before November 8, 2007--
                    (A) for which--
                            (i) construction was not initiated before 
                        the date of enactment of this Act; or
                            (ii) construction was initiated before the 
                        date of enactment of this Act, but for which no 
                        funds, Federal or non-Federal, were obligated 
                        for construction of the project or separable 
                        element during the 5-year period ending on July 
                        1, 2013; and
                    (B) that is identified in accordance with paragraph 
                (3).
            (2) Special rule for ongoing construction.--A project or 
        separable element shall not be listed pursuant to paragraph 
        (1)(A)(ii) if the project or separable element is being 
        constructed as of the date of enactment of this Act.
            (3) Identification of projects.--
                    (A) In general.--The Secretary shall identify in 
                the report submitted under paragraph (1) projects and 
                separable elements that--
                            (i) meet the requirements described in that 
                        paragraph; and
                            (ii) in the aggregate have an estimated 
                        Federal cost to complete (as of the date of the 
                        report) that is at least $12,000,000,000.
                    (B) Sequencing of projects.--In identifying 
                projects and separable elements under subparagraph (A), 
                the Secretary shall identify projects and separable 
                elements according to the order in which the projects 
                and separable elements were authorized, beginning with 
                the earliest authorized projects and separable elements 
                and ending upon the aggregate estimated Federal cost to 
                complete for the projects and separable elements 
                identified satisfying the requirement under 
                subparagraph (A)(ii).
            (4) Congressional review period; deauthorization.--After 
        the expiration of the 180-day period beginning on the date of 
        the submission of the report under this subsection, any project 
        or separable element identified in that report is hereby 
        deauthorized, unless during such period the non-Federal 
        interest for the project or separable element provides, under 
        Federal law, all funds necessary to complete the project or 
        separable element.
    (c) Treatment of Project Modifications.--For purposes of this 
section, if an authorized water resources development project or 
separable element has been modified in an Act of Congress, the date of 
the authorization of the project or separable element shall be deemed 
to be the date of the most recent such modification.

SEC. 302. REVIEW OF CORPS OF ENGINEERS ASSETS.

    (a) Assessment and Inventory.--Not later than 1 year after the date 
of enactment of this Act, the Secretary shall conduct an assessment of 
all properties under the control of the Corps of Engineers and develop 
an inventory of the properties that are not needed for the missions of 
the Corps of Engineers.
    (b) Criteria.--In conducting the assessment and developing the 
inventory under subsection (a), the Secretary shall use the following 
criteria:
            (1) The extent to which the property aligns with the 
        current missions of the Corps of Engineers.
            (2) The economic impact of the property on existing 
        communities in the vicinity of the property.
            (3) The extent to which the utilization rate for the 
        property is being maximized and is consistent with 
        nongovernmental industry standards for the given function or 
        operation.
            (4) The extent to which the reduction or elimination of the 
        property could reduce operation and maintenance costs of the 
        Corps of Engineers.
            (5) The extent to which the reduction or elimination of the 
        property could reduce energy consumption by the Corps of 
        Engineers.
    (c) Notification.--As soon as practicable following completion of 
the inventory of properties under subsection (a), the Secretary shall 
provide the inventory to the Administrator of General Services.
    (d) Report to Congress.--Not later than 30 days after the date of 
the notification under subsection (c), the Secretary shall submit to 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate a report containing the findings of the Secretary with 
respect to the assessment and inventory required under subsection (a).

SEC. 303. BACKLOG PREVENTION.

    (a) Project Deauthorization.--
            (1) In general.--A water resources development project, or 
        separable element of such a project, authorized for 
        construction by this Act shall not be authorized after the last 
        day of the 7-year period beginning on the date of enactment of 
        this Act unless during that period funds have been obligated 
        for construction of such project.
            (2) Identification of projects.--Not later than 60 days 
        after the expiration of the 7-year period referred to in 
        paragraph (1), the Secretary shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a report that identifies the projects 
        deauthorized under paragraph (1).
    (b) Report to Congress.--Not later than 60 days after the 
expiration of the 12-year period beginning on the date of enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report that contains--
            (1) a list of any water resources development projects 
        authorized by this Act for which construction has not been 
        completed during that period;
            (2) a description of the reasons the projects were not 
        completed; and
            (3) a schedule for the completion of the projects based on 
        expected levels of appropriations.

SEC. 304. DEAUTHORIZATIONS.

    (a) In General.--The following projects are not authorized after 
the date of enactment of this Act:
            (1) Walnut creek (pacheco creek), california.--The portions 
        of the project for flood protection on Walnut Creek, 
        California, constructed under section 203 of the Flood Control 
        Act of 1960 (Public Law 86-645; 74 Stat. 488), consisting of 
        the Walnut Creek project from Sta 0+00 to Sta 142+00 and the 
        upstream extent of the Walnut Creek project along Pacheco Creek 
        from Sta 0+00 to Sta 73+50.
            (2) Walnut creek (san ramon creek), california.--The 
        portion of the project for flood protection on Walnut Creek, 
        California, constructed under section 203 of the Flood Control 
        Act of 1960 (Public Law 86-645; 74 Stat. 488), consisting of 
        the culvert constructed by the Department of the Army on San 
        Ramon Creek from Sta 4+27 to Sta 14+27.
            (3) Hillsborough (hillsboro) bay and river, florida.--Those 
        portions of the project for navigation, Hillsborough 
        (Hillsboro) Bay and River, Florida, authorized by the Act of 
        March 3, 1899 (30 Stat. 1126; chapter 425), that extend on 
        either side of the Hillsborough River from the Kennedy 
        Boulevard bridge to the mouth of the river that cause the 
        existing channel to exceed 100 feet in width.
            (4) Kahului wastewater reclamation facility, maui, 
        hawaii.--The project carried out pursuant to the authority 
        provided by section 14 of the Flood Control Act of 1946 (33 
        U.S.C. 701r) to provide shoreline protection for the Kahului 
        Wastewater Reclamation Facility, located on the Island of Maui 
        in the State of Hawaii.
            (5) Chicago harbor, illinois.--The portion of the project 
        for navigation, Chicago Harbor, Illinois, authorized by the 
        first section of the Act of March 3, 1899 (30 Stat. 1129; 
        chapter 425), and the first section of the Act of March 2, 1919 
        (40 Stat. 1283; chapter 95), and described as follows:
                    (A) Beginning at the southwest corner of 
                Metropolitan Sanitary District of Greater Chicago 
                sluice gate that abuts the north wall of the Chicago 
                River Lock.
                    (B) Thence running north for approximately 290 
                feet.
                    (C) Thence running east approximately 1,000 feet.
                    (D) Thence running south approximately 290 feet.
                    (E) Thence running west approximately 1,000 feet to 
                the point of origin.
            (6) Lucas-berg pit, illinois waterway and grant calumet 
        river, illinois.--The portion of the project for navigation, 
        Illinois Waterway and Grand Calumet River, Illinois, authorized 
        by the first section of the Act entitled ``An Act authorizing 
        the construction of certain public works on rivers and harbors 
        for flood control, and for other purposes'', approved July 24, 
        1946 (60 Stat. 636; chapter 596), that consists of the Lucas-
        Berg Pit confined disposal facility, Illinois.
            (7) Rockland harbor, maine.--The portion of the project for 
        navigation, Rockland Harbor, Maine, authorized by the Act 
        entitled ``An Act making appropriations for the construction, 
        repair, and preservation of certain public works on rivers and 
        harbors, and for other purposes'', approved June 3, 1896 (29 
        Stat. 202), and described as follows:
                    (A) Beginning at the point in the 14-foot turning 
                basin limit with coordinates N162,927.61, E826,210.16.
                    (B) Thence running north 45 degrees 45 minutes 15.6 
                seconds east 287.45 feet to a point N163,128.18, 
                E826,416.08.
                    (C) Thence running south 13 degrees 17 minutes 53.3 
                seconds east 129.11 feet to a point N163,002.53, 
                E826,445.77.
                    (D) Thence running south 45 degrees 45 minutes 18.4 
                seconds west 221.05 feet to a point N162,848.30, 
                E826,287.42.
                    (E) Thence running north 44 degrees 14 minutes 59.5 
                seconds west 110.73 feet to the point of origin.
            (8) Corsica river, queen anne's county, maryland.--The 
        portion of the project for improving the Corsica River, 
        Maryland, authorized by the first section of the Act entitled 
        ``An Act making appropriations for the construction, repair, 
        and preservation of certain public works on rivers and harbors, 
        and for other purposes'', approved July 25, 1912 (37 Stat. 
        205), and described as follows: Approximately 2,000 feet of the 
        eastern section of the project channel extending from--
                    (A) centerline station 0+000 (coordinates 
                N506350.60, E1575013.60); to
                    (B) station 2+000 (coordinates N508012.39, 
                E1574720.18).
            (9) Gloucester harbor and annisquam river, massachusetts.--
        The portions of the project for navigation, Gloucester Harbor 
        and Annisquam River, Massachusetts, authorized by section 2 of 
        the Act entitled ``An Act authorizing the construction, repair, 
        and preservation of certain public works on rivers and harbors, 
        and for other purposes'', approved of March 2, 1945 (59 Stat. 
        12; chapter 19), consisting of an 8-foot anchorage area in 
        Lobster Cove, and described as follows:
                    (A) Beginning at a bend along the easterly limit of 
                the existing project, N3063230.31, E878283.77, thence 
                running northwesterly about 339 feet to a point, 
                N3063478.86, E878053.83, thence running northwesterly 
                about 281 feet to a bend on the easterly limit of the 
                existing project, N3063731.88, E877932.54, thence 
                running southeasterly about 612 feet along the easterly 
                limit of the existing project to the point of origin.
                    (B) Beginning at a bend along the easterly limit of 
                the existing project, N3064065.80, E878031.45, thence 
                running northwesterly about 621 feet to a point, 
                N3064687.05, E878031.13, thence running southwesterly 
                about 122 feet to a point, N3064686.98, E877908.85, 
                thence running southeasterly about 624 feet to a point, 
                N3064063.31, E877909.17, thence running southwesterly 
                about 512 feet to a point, N3063684.73, E877564.56, 
                thence running about 741 feet to a point along the 
                westerly limit of the existing project, N3063273.98, 
                E876947.77, thence running northeasterly about 533 feet 
                to a bend along the westerly limit of the existing 
                project, N3063585.62, E877380.63, thence running about 
                147 feet northeasterly to a bend along the westerly 
                limit of the project, N3063671.29, E877499.63, thence 
                running northeasterly about 233 feet to a bend along 
                the westerly limit of the existing project, 
                N3063840.60, E877660.29, thence running about 339 feet 
                northeasterly to a bend along the westerly limit of the 
                existing project, N3064120.34, E877852.55, thence 
                running about 573 feet to a bend along the westerly 
                limit of the existing project, N3064692.98, E877865.04, 
                thence running about 113 feet to a bend along the 
                northerly limit of the existing project, N3064739.51, 
                E877968.31, thence running 145 feet southeasterly to a 
                bend along the northerly limit of the existing project, 
                N3064711.19, E878110.69, thence running about 650 feet 
                along the easterly limit of the existing project to the 
                point of origin.
            (10) Ipswich river, massachusetts.--The portion of the 
        project for navigation, Ipswich River, Massachusetts, 
        authorized by the first section of the Act of August 5, 1886 
        (24 Stat. 317, chapter 929) consisting of a 4-foot channel 
        located at the entrance to the inner harbor at Ipswich Harbor, 
        and described as follows:
                    (A) Lying northwesterly of a line commencing at 
                N3,074,938.09, E837,154.87.
                    (B) Thence running easterly approximately 60 feet 
                to a point with coordinates N3,074,972.62, E837,203.93.
            (11) East fork of trinity river, texas.--The portion of the 
        project for flood protection on the East Fork of the Trinity 
        River, Texas, authorized by section 203 of the Flood Control 
        Act of 1962 (76 Stat. 1185), that consists of the 2 levees 
        identified as Kaufman County Levees K5E and K5W.
            (12) Burnham canal, wisconsin.--The portion of the project 
        for navigation, Milwaukee Harbor Project, Milwaukee, Wisconsin, 
        known as the Burnham Canal, authorized by the first section of 
        the Act entitled ``An Act for the protection of commerce on 
        Lake Michigan'', approved March 3, 1843 (5 Stat. 619; chapter 
        85), and described as follows:
                    (A) Beginning at channel point #415a N381768.648, 
                E2524554.836, a distance of about 170.58 feet.
                    (B) Thence running south 53 degrees 43 minutes 41 
                seconds west to channel point #417 N381667.728, 
                E2524417.311, a distance of about 35.01 feet.
                    (C) Thence running south 34 degrees 10 minutes 40 
                seconds west to channel point #501 N381638.761, 
                E2524397.639, a distance of about 139.25 feet.
                    (D) Thence running south 34 degrees 10 minutes 48 
                seconds west to channel point #503 N381523.557, 
                E2524319.406, a distance of about 235.98 feet.
                    (E) Thence running south 32 degrees 59 minutes 13 
                seconds west to channel point #505 N381325.615, 
                E2524190.925, a distance of about 431.29 feet.
                    (F) Thence running south 32 degrees 36 minutes 05 
                seconds west to channel point #509 N380962.276, 
                E2523958.547, a distance of about 614.52 feet.
                    (G) Thence running south 89 degrees 05 minutes 00 
                seconds west to channel point #511 N380952.445, 
                E2523344.107, a distance of about 74.68 feet.
                    (H) Thence running north 89 degrees 04 minutes 59 
                seconds west to channel point #512 N381027.13, 
                E2523342.91, a distance of about 533.84 feet.
                    (I) Thence running north 89 degrees 05 minutes 00 
                seconds east to channel point #510 N381035.67, 
                E2523876.69, a distance of about 47.86 feet.
                    (J) Thence running north 61 degrees 02 minutes 07 
                seconds east to channel point #508 N381058.84, 
                E2523918.56, a distance of about 308.55 feet.
                    (K) Thence running north 36 degrees 15 minutes 29 
                seconds east to channel point #506 N381307.65, 
                E2524101.05, a distance of about 199.98 feet.
                    (L) Thence running north 32 degrees 59 minutes 12 
                seconds east to channel point #504 N381475.40, 
                E2524209.93, a distance of about 195.14 feet.
                    (M) Thence running north 26 degrees 17 minutes 22 
                seconds east to channel point #502 N381650.36, 
                E2524296.36, a distance of about 81.82 feet.
                    (N) Thence running north 88 degrees 51 minutes 05 
                seconds west to channel point #419 N381732.17, 
                E2524294.72, a distance of about 262.65 feet.
                    (O) Thence running north 82 degrees 01 minutes 02 
                seconds east to channel point #415a, the point of 
                origin.
            (13) Manitowoc harbor, wisconsin.--The portion of the 
        project for navigation, Manitowoc River, Manitowoc, Wisconsin, 
        authorized by the Act of August 30, 1852 (10 Stat. 58; chapter 
        104), and described as follows: The triangular area bound by--
                    (A) 44.09893383N and 087.66854912W;
                    (B) 44.09900535N and 087.66864372W; and
                    (C) 44.09857884N and 087.66913123W.
    (b) Seward Waterfront, Seward, Alaska.--
            (1) In general.--Subject to paragraph (2), the portion of 
        the project for navigation, Seward Harbor, Alaska, identified 
        as Tract H, Seward Original Townsite, Waterfront Park Replat, 
        Plat No 2012-4, Seward Recording District, shall not be subject 
        to navigation servitude beginning on the date of enactment of 
        this Act.
            (2) Entry by federal government.--The Federal Government 
        may enter upon the property referred to in paragraph (1) to 
        carry out any required operation and maintenance of the general 
        navigation features of the project referred to in paragraph 
        (1).
    (c) Port of Hood River, Oregon.--
            (1) Extinguishment of portions of existing flowage 
        easement.--With respect to the properties described in 
        paragraph (2), beginning on the date of enactment of this Act, 
        the flowage easement identified as Tract 1200E-6 on the 
        Easement Deed recorded as Instrument No. 740320 is extinguished 
        above elevation 79.39 feet (NGVD 29), the ordinary high water 
        line.
            (2) Affected properties.--The properties described in this 
        paragraph, as recorded in Hood River County, Oregon, are as 
        follows:
                    (A) Instrument Number 2010-1235.
                    (B) Instrument Number 2010-02366.
                    (C) Instrument Number 2010-02367.
                    (D) Parcel 2 of Partition Plat 2011-12P.
                    (E) Parcel 1 of Partition Plat 2005-26P.
            (3) Extinguishment of flowage easement.--With respect to 
        the properties described in paragraph (2), the flowage easement 
        is extinguished if the elevation of the property is above the 
        standard project flood elevation.
            (4) Federal liabilities.--The United States shall not be 
        liable for any injury caused by the extinguishment of the 
        easement under this subsection.
            (5) No effect on other rights.--Nothing in this subsection 
        affects the remaining rights and interests of the Corps of 
        Engineers for authorized project purposes.

SEC. 305. LAND CONVEYANCES.

    (a) Tulsa Port of Catoosa, Rogers County, Oklahoma Land Exchange.--
            (1) Land exchange.--On conveyance by the Tulsa Port of 
        Catoosa to the United States of all right, title, and interest 
        in and to the non-Federal land, the Secretary shall convey to 
        the Tulsa Port of Catoosa all right, title, and interest of the 
        United States in and to the Federal land.
            (2) Definitions.--In this subsection, the following 
        definitions apply:
                    (A) Federal land.--The term ``Federal land'' means 
                the approximately 87 acres of land situated in Rogers 
                County, Oklahoma, contained within United States Tracts 
                413 and 427 and acquired for the McClellan-Kerr 
                Arkansas Navigation System.
                    (B) Non-federal land.--The term ``non-Federal 
                land'' means the approximately 34 acres of land 
                situated in Rogers County, Oklahoma, and owned by the 
                Tulsa Port of Catoosa that lie immediately south and 
                east of the Federal land.
            (3) Specific conditions.--
                    (A) Deeds.--
                            (i) Deed to non-federal land.--The 
                        Secretary may only accept conveyance of the 
                        non-Federal land by warranty deed, as 
                        determined acceptable by the Secretary.
                            (ii) Deed to federal land.--The Secretary 
                        shall convey the Federal land to the Tulsa Port 
                        of Catoosa by quitclaim deed and subject to any 
                        reservations, terms, and conditions the 
                        Secretary determines necessary to--
                                    (I) allow the United States to 
                                operate and maintain the McClellan-Kerr 
                                Arkansas River Navigation System; and
                                    (II) protect the interests of the 
                                United States.
                            (iii) Cash payment.--If the appraised fair 
                        market value of the Federal land, as determined 
                        by the Secretary, exceeds the appraised fair 
                        market value of the non-Federal land, as 
                        determined by the Secretary, the Tulsa Port of 
                        Catoosa shall make a cash payment to the United 
                        States reflecting the difference in the 
                        appraised fair market values.
    (b) City of Asotin, Washington.--
            (1) In general.--The Secretary shall convey to the city of 
        Asotin, Walla Walla County, Washington, without monetary 
        consideration, all right, title, and interest of the United 
        States in and to the land described in paragraph (3).
            (2) Reversion.--If the land transferred under this 
        subsection ceases at any time to be used for a public purpose, 
        the land shall revert to the United States.
            (3) Description.--The land to be conveyed to the city of 
        Asotin, Washington, under this subsection are--
                    (A) the public ball fields designated as Tracts 
                1503, 1605, 1607, 1609, 1611, 1613, 1615, 1620, 1623, 
                1624, 1625, 1626, and 1631; and
                    (B) other leased areas designated as Tracts 1506, 
                1522, 1523, 1524, 1525, 1526, 1527, 1529, 1530, 1531, 
                and 1563.
    (c) Generally Applicable Provisions.--
            (1) Survey to obtain legal description.--The exact acreage 
        and the legal description of any real property to be conveyed 
        under this section shall be determined by a survey that is 
        satisfactory to the Secretary.
            (2) Applicability of property screening provisions.--
        Section 2696 of title 10, United States Code, shall not apply 
        to any conveyance under this section.
            (3) Additional terms and conditions.--The Secretary may 
        require that any conveyance under this section be subject to 
        such additional terms and conditions as the Secretary considers 
        necessary and appropriate to protect the interests of the 
        United States.
            (4) Costs of conveyance.--An entity to which a conveyance 
        is made under this section shall be responsible for all 
        reasonable and necessary costs, including real estate 
        transaction and environmental documentation costs, associated 
        with the conveyance.
            (5) Liability.--An entity to which a conveyance is made 
        under this section shall hold the United States harmless from 
        any liability with respect to activities carried out, on or 
        after the date of the conveyance, on the real property 
        conveyed. The United States shall remain responsible for any 
        liability with respect to activities carried out, before such 
        date, on the real property conveyed.

                TITLE IV--WATER RESOURCES INFRASTRUCTURE

SEC. 401. AUTHORIZATION OF FINAL FEASIBILITY STUDIES.

    The following final feasibility studies for water resources 
development and conservation and other purposes are authorized to be 
carried out by the Secretary substantially in accordance with the plan, 
and subject to the conditions, described in the respective reports 
designated in this section:
            (1) Navigation.--

----------------------------------------------------------------------------------------------------------------
                                                                                                  E.  Estimated
     A. State                 B.  Name               C.  Date of  Report of      D.  Estimated     Non-Federal
                                                       Chief of Engineers        Federal  Cost         Cost
----------------------------------------------------------------------------------------------------------------
1. TX, LA           Sabine Neches Waterway,       July 22, 2011                    $779,399,000     $359,227,000
                     Southeast Texas and
                     Southwest Louisiana
----------------------------------------------------------------------------------------------------------------
2. FL               Jacksonville Harbor-          April 30, 2012                    $27,804,000       $9,122,000
                     Milepoint
----------------------------------------------------------------------------------------------------------------
3. GA               Savannah Harbor Expansion     Aug. 17, 2012                    $461,000,000     $201,000,000
                     Project
----------------------------------------------------------------------------------------------------------------
4. TX               Freeport Harbor               Jan. 7,                          $121,132,000     $116,342,000
                                                    2013
----------------------------------------------------------------------------------------------------------------
5. FL               Canaveral Harbor (Sect 203    Feb. 25, 2013                     $28,652,000      $11,588,000
                     Sponsor Report)
----------------------------------------------------------------------------------------------------------------

            (2) Flood risk management.--

----------------------------------------------------------------------------------------------------------------
                                                                                                  E.  Estimated
     A. State                 B.  Name               C.  Date of  Report of      D.  Estimated     Non-Federal
                                                       Chief of Engineers        Federal  Cost         Cost
----------------------------------------------------------------------------------------------------------------
1. KS               Topeka                        Aug. 24, 2009                     $15,494,000       $8,343,000
----------------------------------------------------------------------------------------------------------------
2. CA               American River Watershed,     Dec. 30, 2010                    $943,300,000     $479,500,000
                     Common Features Project,
                     Natomas Basin
----------------------------------------------------------------------------------------------------------------
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,         May 16, 2012                      $12,893,000       $6,943,000
                     Paducah
----------------------------------------------------------------------------------------------------------------

            (3) Hurricane and storm damage risk reduction.--

----------------------------------------------------------------------------------------------------------------
                                                                                                  E.  Estimated
                                                                                 D.  Estimated    Initial  Non-
                                                                                    Initial       Federal  Cost
                                                     C.  Date of  Report of      Federal  Cost    and  Estimated
     A. State                 B.  Name                 Chief of  Engineers       and  Estimated    Total  Non-
                                                                                 Total  Federal   Federal  Cost
                                                                                 Cost for Life     for Life of
                                                                                   of Project        Project
----------------------------------------------------------------------------------------------------------------
1. NC               West Onslow Beach and New     Sept. 28, 2009                  Initial Cost:    Initial Cost:
                     River Inlet (Topsail Beach)                                    $30,557,000      $17,315,000
                                                                                    Total Cost:      Total Cost:
                                                                                   $132,372,000     $132,372,000
----------------------------------------------------------------------------------------------------------------
2. NC               Surf City and North Topsail   Dec. 30, 2010                   Initial Cost:    Initial Cost:
                     Beach                                                          $81,484,000      $43,900,000
                                                                                    Total Cost:      Total Cost:
                                                                                   $106,182,000     $106,182,000
----------------------------------------------------------------------------------------------------------------
3. CA               San Clemente Shoreline        April 5,                        Initial Cost:    Initial Cost:
                                                    2012                             $7,500,000       $4,000,000
                                                                                    Total Cost:      Total Cost:
                                                                                    $43,400,000      $43,400,000
----------------------------------------------------------------------------------------------------------------

            (4) Hurricane and storm damage risk reduction and 
        environmental restoration.--

----------------------------------------------------------------------------------------------------------------
                                                                                                  E.  Estimated
     A. State                 B.  Name               C.  Date of  Report of      D.  Estimated     Non-Federal
                                                       Chief of Engineers        Federal  Cost         Cost
----------------------------------------------------------------------------------------------------------------
1. MS               Mississippi Coastal           Sept. 15, 2009                   $815,090,000     $438,890,000
                     Improvement Program (MSCIP)
                     Hancock, Harrison, and
                     Jackson Counties
----------------------------------------------------------------------------------------------------------------

            (5) Environmental restoration.--

----------------------------------------------------------------------------------------------------------------
                                                                                                  E.  Estimated
     A. State                 B.  Name               C.  Date of  Report of      D.  Estimated     Non-Federal
                                                       Chief of Engineers        Federal  Cost         Cost
----------------------------------------------------------------------------------------------------------------
1. MD               Mid-Chesapeake Bay Island     Aug. 24, 2009                  $1,221,721,000     $657,849,000
----------------------------------------------------------------------------------------------------------------
2. FL               Central and Southern Florida  March 11, 2010                   $297,189,000     $297,189,000
                     Project, Comprehensive
                     Everglades Restoration
                     Plan, Caloosahatchee River
                     (C-43) West Basin Storage
                     Project, Hendry County
----------------------------------------------------------------------------------------------------------------
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  Jan. 30, 2012                     $88,992,000      $88,992,000
                     Project, Comprehensive
                     Everglades Restoration
                     Plan, C-111 Spreader Canal
                     Western Project
----------------------------------------------------------------------------------------------------------------
6. FL               CERP Biscayne Bay Coastal     May 2,                            $96,209,000      $96,209,000
                     Wetland, Florida               2012
----------------------------------------------------------------------------------------------------------------
7. FL               Central and Southern Florida  May 21, 2012                     $433,353,500     $433,353,500
                     Project, Broward County
                     Water Preserve Area
----------------------------------------------------------------------------------------------------------------
8. LA               Louisiana Coastal Area-       June 22, 2012                    $283,567,000     $152,690,000
                     Barataria Basin Barrier
----------------------------------------------------------------------------------------------------------------
9. NC               Neuse River Basin             April 23, 2013                    $23,253,100      $12,520,900
----------------------------------------------------------------------------------------------------------------

SEC. 402. PROJECT MODIFICATIONS.

    (a) Miami Harbor, Miami-Dade County, Florida.--
            (1) In general.--The project for navigation, Miami Harbor, 
        Miami-Dade County, Florida, authorized by section 1001(17) of 
        the Water Resources Development Act of 2007 (121 Stat. 1052), 
        is modified to authorize the Secretary to construct the project 
        at a total cost of $152,510,000, with an estimated Federal cost 
        of $92,007,000 and a non-Federal cost of $60,503,000.
            (2) Applicability.--Paragraph (1) shall take effect on 
        November 8, 2007.
    (b) Lower Ohio River, Illinois and Kentucky.--The project for 
navigation, Lower Ohio River, Locks and Dams 52 and 53, Illinois and 
Kentucky, authorized by section 3(a)(6) of the Water Resources 
Development Act of 1988 (102 Stat. 4013), is modified to authorize the 
Secretary to construct the project at a total cost of $2,300,000,000, 
with a first Federal cost of $2,300,000,000.
    (c) Little Calumet River Basin (Cady Marsh Ditch), Indiana.--The 
project for flood control, Little Calumet River Basin (Cady Marsh 
Ditch), Indiana, authorized by section 401(a) of the Water Resources 
Development Act of 1986 (100 Stat. 4115), and modified by section 127 
of Public Law 109-103 (119 Stat. 2259), is further modified to 
authorize the Secretary to construct the project at a total cost of 
$269,988,000, with an estimated Federal cost of $202,800,000 and a non-
Federal cost of $67,188,000.
                                 <all>
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