I 

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. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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


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

2 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 


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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. 

1 SEC. 2. DEFINITION OF SECRETARY. 

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

4 TITLE I—PROGRAM REFORMS 

5 AND STREAMLINING 

6 SEC. 101. VERTICAL INTEGRATION AND ACCELERATION OF 

7 STUDIES. 

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

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

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

12 shall— 


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

2 report not later than 3 years after the date of initi3 ation; 

4 (2) have a maximum Federal cost of 

5 $3,000,000; and 

6 (3) ensure that personnel from the district, divi7 sion, and headquarters levels of the Corps of Engi8 neers concurrently conduct the review required 

9 under that section. 

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

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

12 conducted in accordance with subsection (a), the Sec13 retary, not later than 30 days after the date of making 

14 the determination, shall— 

15 (1) prepare an updated feasibility study sched16 ule and cost estimate; 

17 (2) notify the non-Federal feasibility cost shar18 ing partner that the feasibility study has been de19 layed; and 

20 (3) provide written notice to the Committee on 

21 Transportation and Infrastructure of the House of 

22 Representatives and the Committee on Environment 

23 and Public Works of the Senate as to the reasons 

24 the requirements of subsection (a) are not attain25 able. 


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1 (c) TERMINATION OF AUTHORIZATION.—A feasibility 

2 study for which the Secretary has issued a determination 

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

4 of the 1-year period beginning on the date of the deter5 mination if the Secretary has not completed the study on 

6 or before such last day. 

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

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

9 the Committee on Transportation and Infrastructure of 

10 the House of Representatives and the Committee on Envi11 ronment and Public Works of the Senate a report that 

12 describes— 

13 (1) the status of the implementation of this sec14 tion, including a description of each feasibility study 

15 subject to the requirements of this section; 

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

17 such feasibility study; and 

18 (3) any recommendations for additional author19 ity necessary to support efforts to expedite the feasi20 bility study process, including an analysis of whether 

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

22 to be adjusted to address the impacts of inflation. 

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

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

25 a project, the Secretary shall— 


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1 (1) take all steps necessary to initiate the feder2 ally mandated reviews that the Secretary is required 

3 to complete as part of the study, including environ4 mental reviews; 

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

6 State agencies identified under section 2045(d) of 

7 the Water Resources Development Act of 2007 (33 

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

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

10 analysis, or opinion on or to make a determination 

11 concerning a permit or license for the study; 

12 (3) provide the agencies referred to in para13 graph (2) with all relevant information related to the 

14 scope and potential impacts of the project, including 

15 environmental impacts; and 

16 (4) take all steps necessary to provide informa17 tion that will enable required reviews and analyses 

18 related to the project to be conducted by other agen19 cies in a thorough and timely manner. 

20 SEC. 102. EXPEDITING THE EVALUATION AND PROCESSING 

21 OF PERMITS. 

22 Section 214 of the Water Resources Development Act 

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

24 (1) in subsection (a)— 


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

2 (as defined in section 1262 of the Public Utility 

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

4 16451))’’ after ‘‘non-Federal public entity’’; 

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

6 entity’’; and 

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

8 ‘‘To the maximum extent practicable, the Sec9 retary shall ensure that expediting the evalua10 tion of a permit through the use of funds ac11 cepted and expended under this section does not 

12 adversely affect the timeline for evaluation (in 

13 the Corps district in which the project or activ14 ity is located) of permits under the jurisdiction 

15 of the Department of the Army of other entities 

16 that have not contributed funds under this sec17 tion.’’; and 

18 (2) by striking subsection (e). 

19 SEC. 103. ENVIRONMENTAL STREAMLINING. 

20 (a) DECLARATION OF POLICY.— 

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

22 (A) the benefits of water resources projects 

23 are important to the Nation’s economy and en24 vironment; 


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

2 the delivery of water resources projects; 

3 (C) it is in the national interest for Fed4 eral and State agencies, local governments, In5 dian tribes, and other entities involved in water 

6 resources projects— 

7 (i) to accelerate study completion and 

8 project delivery and to reduce costs; and 

9 (ii) to ensure that the planning, de10 sign, engineering, construction, and fund11 ing of water resources projects is done in 

12 an efficient and effective manner, pro13 moting accountability for public invest14 ments and encouraging greater local and 

15 private sector involvement in project fi16 nancing and delivery while addressing pub17 lic safety and protecting the environment; 

18 and 

19 (D) delay in the delivery of water resources 

20 studies and projects— 

21 (i) increases project costs, flood risks, 

22 and local and Federal expenditures for 

23 emergency management and recovery; 

24 (ii) harms the economy of the United 

25 States; and 


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1 (iii) impedes the shipment of goods 

2 for the conduct of commerce. 

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

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

5 States that— 

6 (A) recommendations to Congress regard7 ing such projects should be accelerated by co8 ordinated and efficient environmental reviews 

9 and cooperative efforts to quickly resolve dis10 putes during the development of water re11 sources projects; 

12 (B) the Secretary shall have the lead role 

13 among Federal agencies in facilitating the envi14 ronmental review process for water resources 

15 projects; 

16 (C) each Federal agency shall cooperate 

17 with the Secretary to expedite the environ18 mental review process for water resources 

19 projects; 

20 (D) programmatic approaches shall be 

21 used if applicable to reduce the need for 

22 project-by-project reviews and decisions by Fed23 eral agencies; 

24 (E) the Secretary shall identify opportuni25 ties for non-Federal sponsors to assume responVerDate Mar 15 2010 00:50 Sep 12, 2013 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3080.IH H3080

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1 sibilities of the Secretary if such responsibilities 

2 can be assumed in a manner that protects pub3 lic health and safety, the environment, and pub4 lic participation; and 

5 (F) the Assistant Secretary of the Army 

6 for Civil Works shall identify and promote the 

7 deployment of innovations aimed at reducing 

8 the time and money required to deliver water 

9 resources projects while protecting the environ10 ment. 

11 (b) STREAMLINED PROJECT DELIVERY.— 

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

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

14 2348) is amended to read as follows: 

15 ‘‘SEC. 2045. STREAMLINED PROJECT DELIVERY. 

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

17 definitions apply: 

18 ‘‘(1) ENVIRONMENTAL IMPACT STATEMENT.— 

19 The term ‘environmental impact statement’ means 

20 the detailed statement of environmental impacts re21 quired to be prepared pursuant to the National En22 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

23 seq.). 

24 ‘‘(2) ENVIRONMENTAL REVIEW PROCESS.— 


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1 ‘‘(A) IN GENERAL.—The term ‘environ2 mental review process’ means the process of 

3 preparing an environmental impact statement, 

4 environmental assessment, categorical exclusion, 

5 or other document under the National Environ6 mental Policy Act of 1969 (42 U.S.C. 4321 et 

7 seq.) for a project study. 

8 ‘‘(B) INCLUSIONS.—The term ‘environ9 mental review process’ includes the process for 

10 and completion of any environmental permit, 

11 approval, review, or study required for a project 

12 study under any Federal law other than the 

13 National Environmental Policy Act of 1969 (42 

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

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

16 term ‘Federal jurisdictional agency’ means a Federal 

17 agency with jurisdiction over a review, analysis, 

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

19 or decision required for a project study under appli20 cable Federal laws, including regulations. 

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

22 Corps of Engineers water resources project. 

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

24 sponsor’ means the non-Federal interest as defined 


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

2 (42 U.S.C. 1962d–5b). 

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

4 study’ means a feasibility study for a project carried 

5 out pursuant to section 905 of the Water Resources 

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

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

8 are applicable to all project studies initiated after the date 

9 of enactment of the Water Resources Reform and Devel10 opment Act of 2013 and for which an environmental im11 pact statement is prepared under the National Environ12 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 

13 may be applied, to the extent determined appropriate by 

14 the Secretary, to other project studies for which an envi15 ronmental review process document is prepared under 

16 such Act. 

17 ‘‘(c) LEAD AGENCIES.— 

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

19 Engineers shall be the Federal lead agency in the 

20 environmental review process for a project study. 

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

22 JOINT LEAD AGENCY.—At the discretion of the Sec23 retary and subject to the requirements of the Na24 tional Environmental Policy Act of 1969 (42 U.S.C. 


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1 4321 et seq.), a non-Federal project sponsor that is 

2 an agency defined in subsection (a)— 

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

4 the Corps of Engineers for purposes of pre5 paring any environmental review process docu6 ment under the National Environmental Policy 

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

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

9 such environmental review process document re10 quired under the National Environmental Pol11 icy Act of 1969 if the Secretary provides guid12 ance in the preparation process, participates in 

13 preparing the document, independently evalu14 ates that document, and approves and adopts 

15 the document before the Secretary takes any 

16 subsequent action or makes any approval based 

17 on that document. 

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

19 Any environmental review process document pre20 pared in accordance with this subsection shall be 

21 adopted and used by any Federal agency in making 

22 any approval of a project subject to this section as 

23 the document required to be completed under the 

24 National Environmental Policy Act of 1969 (42 

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


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1 Federal agency may adopt or use a document pre2 pared by another Federal agency under the National 

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

4 et seq.). 

5 ‘‘(4) ROLES AND RESPONSIBILITY OF FEDERAL

6 LEAD AGENCY.—With respect to the environmental 

7 review process for any project, the Federal lead 

8 agency shall have authority and responsibility— 

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

10 and proper, within the authority of the Federal 

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

13 project study; and 

14 ‘‘(B) to prepare or ensure that any re15 quired environmental impact statement or other 

16 document for a project study required to be 

17 completed under the National Environmental 

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

19 completed in accordance with this section and 

20 applicable Federal law. 

21 ‘‘(d) PARTICIPATING AND COOPERATING AGEN22 CIES.— 

23 ‘‘(1) IDENTIFICATION.—The Federal lead agen24 cy shall identify, as early as practicable in the envi25 ronmental review process for a project study, any 


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1 Federal or State agency, local government, or Indian 

2 tribe that may— 

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

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

5 issue a review, analysis, opinion, or statement 

6 for the project study; or 

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

8 on issuing a permit, license, or other approval 

9 or decision for the project study. 

10 ‘‘(2) INVITATION.— 

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

12 agency shall invite any such agency identified 

13 under paragraph (1) to become a participating 

14 or cooperating agency in the environmental re15 view process for the project study. 

16 ‘‘(B) DEADLINE.—An invitation to partici17 pate issued under subparagraph (A) shall estab18 lish a deadline by which a response to the invi19 tation shall be submitted, which may be ex20 tended by the Federal lead agency for good 

21 cause. 

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

23 Federal agency that is invited by the Federal lead 

24 agency to participate in the environmental review 

25 process for a project study shall be designated as a 


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1 cooperating agency by the Federal lead agency un2 less the invited agency informs the Federal lead 

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

4 invitation that the invited agency— 

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

6 respect to the project; 

7 ‘‘(B) has no expertise or information rel8 evant to the project study; and 

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

10 on the project study. 

11 ‘‘(4) EFFECT OF DESIGNATION.— 

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

13 cooperating agency shall comply with the re14 quirements of this section and any schedule es15 tablished under this section. 

16 ‘‘(B) IMPLICATION.—Designation under 

17 this subsection shall not imply that the partici18 pating or cooperating agency— 

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

20 ‘‘(ii) has any jurisdiction over, or spe21 cial expertise with respect to evaluation of, 

22 the project. 

23 ‘‘(5) CONCURRENT REVIEWS.—Each partici24 pating or cooperating agency shall— 


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

2 agency under other applicable law concurrently 

3 and in conjunction with the required environ4 mental review process unless doing so would 

5 prevent such agency from conducting needed 

6 analysis or otherwise carrying out their obliga7 tions under those other laws; and 

8 ‘‘(B) formulate and implement administra9 tive, policy, and procedural mechanisms to en10 able the agency to ensure completion of the en11 vironmental review process in a timely, coordi12 nated, and environmentally responsible manner. 

13 ‘‘(e) PROGRAMMATIC COMPLIANCE.— 

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

15 guidance regarding the use of programmatic ap16 proaches to carry out the environmental review proc17 ess that— 

18 ‘‘(A) eliminates repetitive discussions of 

19 the same issues; 

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

21 analyses at each level of review; 

22 ‘‘(C) establishes a formal process for co23 ordinating with participating and cooperating 

24 agencies, including the creation of a list of all 


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1 data that is needed to carry out the environ2 mental review process; and 

3 ‘‘(D) complies with— 

4 ‘‘(i) the National Environmental Pol5 icy Act of 1969 (42 U.S.C. 4321 et seq.); 

6 and 

7 ‘‘(ii) all other applicable laws. 

8 ‘‘(2) REQUIREMENTS.—In carrying out para9 graph (1), the Secretary shall— 

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

11 under that paragraph, consult with relevant 

12 Federal and State agencies, local governments, 

13 Indian tribes, and the public on the use and 

14 scope of the programmatic approaches; 

15 ‘‘(B) emphasize the importance of collabo16 ration among relevant Federal agencies, State 

17 agencies, local governments, and Indian tribes 

18 in undertaking programmatic reviews, especially 

19 with respect to reviews with a broad geo20 graphical scope; 

21 ‘‘(C) ensure that the programmatic re22 views— 

23 ‘‘(i) promote transparency, including 

24 of the analyses and data used in the envi25 ronmental review process, the treatment of 


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1 any deferred issues raised by a Federal or 

2 State agency, local government, Indian 

3 tribe, or the public, and the temporal and 

4 special scales to be used to analyze those 

5 issues; 

6 ‘‘(ii) use accurate and timely informa7 tion in the environmental review process, 

8 including— 

9 ‘‘(I) criteria for determining the 

10 general duration of the usefulness of 

11 the review; and 

12 ‘‘(II) the timeline for updating 

13 any out-of-date review; 

14 ‘‘(iii) describe— 

15 ‘‘(I) the relationship between pro16 grammatic analysis and future tiered 

17 analysis; and 

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

19 creation of future tiered analysis; and 

20 ‘‘(iv) are available to other relevant 

21 Federal and State agencies, local govern22 ments, Indian tribes, and the public; 

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

24 notice and comment on any proposed guidance; 

25 and 


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1 ‘‘(E) address any comments received under 

2 subparagraph (D). 

3 ‘‘(f) COORDINATED REVIEWS.— 

4 ‘‘(1) COORDINATION PLAN.— 

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

6 agency, after consultation with each partici7 pating and cooperating agency and the non8 Federal project sponsor or joint lead agency, as 

9 applicable, shall establish a plan for coordi10 nating public and agency participation in and 

11 comment on the environmental review process 

12 for a project study. 

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

14 plan established under subparagraph (A), the 

15 Federal lead agency shall take under consider16 ation the scheduling requirements under section 

17 101 of the Water Resources Reform and Devel18 opment Act of 2013. 

19 ‘‘(2) SCHEDULE.— 

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

21 agency, after consultation with each partici22 pating and cooperating agency and the non23 Federal project sponsor or joint lead agency, as 

24 applicable, shall establish, as part of the coordi25 nation plan established in paragraph (1)(A), a 


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1 schedule for completion of the environmental re2 view process for the project study. In developing 

3 the schedule, the Federal lead agency shall take 

4 under consideration the scheduling require5 ments under section 101 of the Water Re6 sources Reform and Development Act of 2013. 

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

8 establishing the schedule, the Federal lead 

9 agency shall consider factors such as— 

10 ‘‘(i) the responsibilities of partici11 pating and cooperating agencies under ap12 plicable laws; 

13 ‘‘(ii) the resources available to the 

14 participating and cooperating agencies and 

15 the non-Federal project sponsor or joint 

16 lead agency, as applicable; 

17 ‘‘(iii) the overall size and complexity 

18 of the project; 

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

20 of the project; and 

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

22 historic resources that may be affected by 

23 the project. 

24 ‘‘(C) CONSISTENCY WITH OTHER TIME PE25 RIODS.—A schedule under subparagraph (A) 


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1 shall be consistent with any other relevant time 

2 periods established under Federal law. 

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

4 agency may— 

5 ‘‘(i) lengthen a schedule established 

6 under subparagraph (A) for good cause; or 

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

8 concurrence of the affected participating 

9 and cooperating agencies and the non-Fed10 eral project sponsor or joint lead agency, 

11 as applicable. 

12 ‘‘(E) DISSEMINATION.—A copy of a sched13 ule established under subparagraph (A) shall 

14 be— 

15 ‘‘(i) provided to each participating 

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

18 as applicable; and 

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

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

21 agency shall establish the following deadlines for 

22 comment during the environmental review process 

23 for a project study: 

24 ‘‘(A) DRAFT ENVIRONMENTAL IMPACT

25 STATEMENTS.—For comments by agencies and 


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1 the public on a draft environmental impact 

2 statement, a period of not more than 60 days 

3 after such document is made publicly available, 

4 unless— 

5 ‘‘(i) a different deadline is established 

6 by agreement of the Federal lead agency, 

7 all participating and cooperating agencies, 

8 and the non-Federal project sponsor or 

9 joint lead agency, as applicable; or 

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

11 Federal lead agency for good cause. 

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

13 other comment periods established by the Fed14 eral lead agency for agency or public comments 

15 in the environmental review process, a period of 

16 not more than 30 days after the date on which 

17 the materials for which comment is requested 

18 are made available, unless— 

19 ‘‘(i) a different deadline is established 

20 by agreement of the Federal lead agency, 

21 all participating and cooperating agencies, 

22 and the non-Federal project sponsor or 

23 joint lead agency, as applicable; or 

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

25 Federal lead agency for good cause. 


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1 ‘‘(4) DEADLINES FOR DECISIONS UNDER

2 OTHER LAWS.— 

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

4 participating or cooperating agency is required 

5 to make a determination regarding or otherwise 

6 approve or disapprove the project study prior to 

7 the record of decision or finding of no signifi8 cant impact, such participating or cooperating 

9 agency shall make such determination or ap10 proval not later than 30 days after the Federal 

11 lead agency publishes notice of the availability 

12 of a final environmental impact statement or 

13 other final environmental document, or not 

14 later than such other date that is otherwise re15 quired by law, whichever occurs first. 

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

17 any determination or approval of a partici18 pating or cooperating agency that is not subject 

19 to subparagraph (A), each participating or co20 operating agency shall make any required deter21 mination or otherwise approve or disapprove the 

22 project study not later than 90 days after the 

23 date that the Federal lead agency approves the 

24 record of decision or finding of no significant 

25 impact for the project study, or not later than 


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1 such other date that is otherwise required by 

2 law, whichever occurs first. 

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

4 any participating or cooperating agency fails to 

5 make a determination or approve or disapprove 

6 the project study within the applicable deadline 

7 described in subparagraph (A), the Federal lead 

8 agency may close the record and find the record 

9 sufficient for the project study as it relates to 

10 such agency determination or approval. 

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

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

13 and participating and cooperating agencies shall 

14 work cooperatively in accordance with this section to 

15 identify and resolve issues that may delay comple16 tion of the environmental review process or result in 

17 the denial of any approval required for the project 

18 study under applicable laws. 

19 ‘‘(2) FEDERAL LEAD AGENCY RESPONSIBIL20 ITIES.— 

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

22 agency shall make information available to the 

23 participating and cooperating agencies as early 

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1 economic resources located within the project 

2 area and the general locations of the alter3 natives under consideration. 

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

5 under subparagraph (A) may be based on exist6 ing data sources, including geographic informa7 tion systems mapping. 

8 ‘‘(3) PARTICIPATING AND COOPERATING AGEN9 CY RESPONSIBILITIES.—Based on information re10 ceived from the Federal lead agency, participating 

11 and cooperating agencies shall identify, as early as 

12 practicable, any issues of concern regarding the po13 tential environmental or socioeconomic impacts of 

14 the project, including any issues that may substan15 tially delay or prevent an agency from granting a 

16 permit or other approval that is needed for the 

17 project study. 

18 ‘‘(4) ACCELERATED ISSUE RESOLUTION AND

19 ELEVATION.— 

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

21 participating or cooperating agency or non-Fed22 eral project sponsor, the Secretary shall convene 

23 an issue resolution meeting with the relevant 

24 participating and cooperating agencies and the 


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1 non-Federal project sponsor or joint lead agen2 cy, as applicable, to resolve issues that may— 

3 ‘‘(i) delay completion of the environ4 mental review process; or 

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

6 required for the project study under appli7 cable laws. 

8 ‘‘(B) MEETING DATE.—A meeting re9 quested under this paragraph shall be held not 

10 later than 21 days after the date on which the 

11 Secretary receives the request for the meeting, 

12 unless the Secretary determines that there is 

13 good cause to extend that deadline. 

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

15 request for a meeting under this paragraph, the 

16 Secretary shall notify all relevant participating 

17 and cooperating agencies of the request, includ18 ing the issue to be resolved and the date for the 

19 meeting. 

20 ‘‘(D) ELEVATION OF ISSUE RESOLU21 TION.—If a resolution cannot be achieved with22 in 30 days after a meeting under this para23 graph and a determination is made by the Sec24 retary that all information necessary to resolve 

25 the issue has been obtained, the Secretary shall 


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1 forward the dispute to the heads of the relevant 

2 agencies for resolution. 

3 ‘‘(E) CONVENTION BY SECRETARY.—The 

4 Secretary may convene an issue resolution 

5 meeting under this subsection at any time, at 

6 the discretion of the Secretary, regardless of 

7 whether a meeting is requested under subpara8 graph (A). 

9 ‘‘(h) STREAMLINED DOCUMENTATION AND DECI10 SIONMAKING.— 

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

12 the environmental review process for a project study, 

13 in order to reduce paperwork and expedite decision14 making, shall prepare a condensed final environ15 mental impact statement under the National Envi16 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

17 seq.). 

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

19 environmental impact statement for a project study 

20 in the environmental review process shall consist 

21 only of— 

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

23 draft environmental impact statement; 


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1 ‘‘(B) any updates to specific pages or sec2 tions of the draft environmental impact state3 ment as appropriate; and 

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

5 environmental impact statement and copies of 

6 the comments. 

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

8 any other provision of law, in conducting the envi9 ronmental review process for a project study, the 

10 Federal lead agency shall combine a final environ11 mental impact statement and a record of decision 

12 for the project study into a single document if— 

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

14 of decision is either a preferred alternative iden15 tified in the draft environmental impact state16 ment or is a modification of such preferred al17 ternative developed in response to comments on 

18 the draft environmental impact statement; and 

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

20 commitment from parties responsible for imple21 mentation of the measures applicable to the ap22 proved alternative that are identified in the 

23 final environmental impact statement that they 

24 will implement those measures. 


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1 ‘‘(i) LIMITATIONS.—Nothing in this section shall pre2 empt or interfere with— 

3 ‘‘(1) any practice of seeking, considering, or re4 sponding to public comment; or 

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

6 authority that a Federal or State agency, local gov7 ernment, Indian tribe, or non-Federal project spon8 sor has with respect to carrying out a project study 

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

10 ‘‘(j) TIMING OF CLAIMS.— 

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

12 provision of law, a claim arising under Federal law 

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

14 approval issued by a Federal agency for a project 

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

16 150 days after publication of a notice in the Federal 

17 Register announcing that the permit, license, or 

18 other approval is final pursuant to the law under 

19 which the agency action is taken, unless a shorter 

20 time is specified in the Federal law which allows ju21 dicial review. Nothing in this subsection shall create 

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

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

24 permit, license, or other approval. 


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

2 consider new information received after the close of 

3 a comment period if the information satisfies the re4 quirements for a supplemental environmental impact 

5 statement under title 40, Code of Federal Regula6 tions. The preparation of a supplemental environ7 mental impact statement or other environmental 

8 document when required by this section shall be con9 sidered a separate final agency action and the dead10 line for filing a claim for judicial review of such ac11 tion shall be 150 days after the date of publication 

12 of a notice in the Federal Register announcing such 

13 action. 

14 ‘‘(k) CATEGORICAL EXCLUSIONS.— 

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

16 after the date of enactment of this subsection, the 

17 Secretary shall— 

18 ‘‘(A) survey the use by the Corps of Engi19 neers of categorical exclusions in projects; 

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

21 includes a description of— 

22 ‘‘(i) the types of actions that were cat23 egorically excluded or may be the basis for 

24 developing a new categorical exclusion; and 


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1 ‘‘(ii) any requests previously received 

2 by the Secretary for new categorical exclu3 sions; and 

4 ‘‘(C) solicit requests from other Federal 

5 agencies and non-Federal project sponsors for 

6 new categorical exclusions. 

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

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

9 subsection, if the Secretary identifies, based on the 

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

11 that merit establishing a categorical exclusion not in 

12 existence on the day before the date of enactment of 

13 this subsection, the Secretary shall publish a notice 

14 of proposed rulemaking to propose that new categor15 ical exclusion, to the extent that the categorical ex16 clusion meets the criteria for a categorical exclusion 

17 under section 1508.4 of title 40, Code of Federal 

18 Regulations (or successor regulation). 

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

20 shall prepare guidance documents that describe the proc21 esses that the Secretary will use to implement this sec22 tion.’’. 

23 (2) CLERICAL AMENDMENT.—The table of con24 tents contained in section 1(b) of the Water Re25 sources Development Act of 2007 is amended by 


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1 striking the item relating to section 2045 and insert2 ing the following: 

‘‘2045. Streamlined project delivery.’’. 

3 (c) CATEGORICAL EXCLUSION IN EMERGENCIES.— 

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

5 resources project that is in operation or under construc6 tion when damaged by an event or incident that results 

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

8 emergency pursuant to the Robert T. Stafford Disaster 

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

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

11 or rehabilitation activity as a class of action categorically 

12 excluded from the requirements relating to environmental 

13 assessments or environmental impact statements under 

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

15 if such repair or reconstruction activity is in the same lo16 cation with the same capacity, dimensions, and design as 

17 the original water resources project as before the declara18 tion described in this section. 

19 SEC. 104. CONSOLIDATION OF STUDIES. 

20 (a) IN GENERAL.— 

21 (1) REPEAL.—Section 905(b) of the Water Re22 sources Development Act of 1986 (33 U.S.C. 

23 2282(b)) is repealed. 

24 (2) CONFORMING AMENDMENT.—Section 

25 905(a)(1) of such Act (33 U.S.C. 2282(a)(1)) is 


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1 amended by striking ‘‘perform a reconnaissance 

2 study and’’. 

3 (b) CONTENTS OF FEASIBILITY REPORTS.—Section 

4 905(a)(2) of such Act (33 U.S.C. 2282(a)(2)) is amended 

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

6 shall include a preliminary analysis of the Federal interest 

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

8 project.’’. 

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

10 carry out a study for which a reconnaissance level inves11 tigation has been initiated before the date of enactment 

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

13 made by this section, had not been enacted. 

14 SEC. 105. REMOVAL OF DUPLICATIVE ANALYSES. 

15 Section 911 of the Water Resources Development Act 

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

17 SEC. 106. EXPEDITING APPROVAL OF MODIFICATIONS AND 

18 ALTERATIONS OF PROJECTS BY NON-FED19 ERAL INTERESTS. 

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

21 date of enactment of this Act, the Secretary, after pro22 viding notice and an opportunity for comment, shall estab23 lish a process for the review of section 14 applications in 

24 a timely and consistent manner. 


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

2 section, the term ‘‘section 14 application’’ means an appli3 cation submitted by an applicant to the Secretary request4 ing permission for the temporary occupation or use of a 

5 public work, or the alteration or permanent occupation or 

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

7 ‘‘An Act making appropriations for the construction, re8 pair, and preservation of certain public works on rivers 

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

10 1899 (commonly known as the ‘‘Rivers and Harbors Ap11 propriation Act of 1899’’) (33 U.S.C. 408). 

12 (c) BENCHMARK GOALS.— 

13 (1) ESTABLISHMENT OF BENCHMARK GOALS.— 

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

15 (A) establish benchmark goals for deter16 mining the amount of time it should take the 

17 Secretary to determine whether a section 14 ap18 plication is complete; 

19 (B) establish benchmark goals for deter20 mining the amount of time it should take the 

21 Secretary to approve or disapprove a section 14 

22 application; and 

23 (C) to the extent practicable, use such 

24 benchmark goals to make a decision on section 


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1 14 applications in a timely and consistent man2 ner. 

3 (2) BENCHMARK GOALS.— 

4 (A) BENCHMARK GOALS FOR DETER5 MINING WHETHER SECTION 14 APPLICATIONS

6 ARE COMPLETE.—To the extent practicable, the 

7 benchmark goals established under paragraph 

8 (1) shall provide that— 

9 (i) the Secretary reach a decision on 

10 whether a section 14 application is com11 plete not later than 15 days after the date 

12 of receipt of the application; and 

13 (ii) if the Secretary determines that a 

14 section 14 application is not complete, the 

15 Secretary promptly notify the applicant of 

16 the specific information that is missing or 

17 the analysis that is needed to complete the 

18 application. 

19 (B) BENCHMARK GOALS FOR REVIEWING

20 COMPLETED APPLICATIONS.—To the extent 

21 practicable, the benchmark goals established 

22 under paragraph (1) shall provide that— 

23 (i) the Secretary generally approve or 

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1 tion not later than 45 days after the date 

2 of receipt of the completed application; and 

3 (ii) in a case in which the Secretary 

4 determines that additional time is needed 

5 to review a completed section 14 applica6 tion due to the type, size, cost, complexity, 

7 or impacts of the actions proposed in the 

8 application, the Secretary approve or dis9 approve the application not later than 180 

10 days after the date of receipt of the com11 pleted application. 

12 (3) NOTICE.—In any case in which the Sec13 retary determines that it will take the Secretary 

14 more than 45 days to review a completed section 14 

15 application, the Secretary shall— 

16 (A) provide written notification to the ap17 plicant; and 

18 (B) include in the written notice a best es19 timate of the Secretary as to the amount of 

20 time required for completion of the review. 

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

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

23 a section 14 application in accordance with the process 

24 established under this section, the Secretary shall provide 


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1 written notice to the applicant, including a detailed de2 scription of— 

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

4 in accordance with such process; 

5 (2) the additional actions required before the 

6 Secretary will issue a decision; and 

7 (3) the amount of time the Secretary will re8 quire to issue a decision. 

9 (e) NOTIFICATION.— 

10 (1) SUBMISSION TO CONGRESS.—The Secretary 

11 shall provide a copy of any written notice provided 

12 under subsection (d) to the Committee on Transpor13 tation and Infrastructure of the House of Represent14 atives and the Committee on Environment and Pub15 lic Works of the Senate. 

16 (2) PUBLIC AVAILABILITY.—The Secretary 

17 shall maintain a publicly available database, includ18 ing on the Internet, on— 

19 (A) all section 14 applications received by 

20 the Secretary; and 

21 (B) the current status of such applications. 

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

23 INTERESTS. 

24 (a) CONSTRUCTION OF WATER RESOURCES DEVEL25 OPMENT PROJECTS.—Section 211 of the Water Resources 


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1 Development Act of 1996 (33 U.S.C. 701b–13) is amend2 ed— 

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

4 CONTROL’’ and inserting ‘‘WATER RESOURCES

5 DEVELOPMENT’’; and 

6 (2) by striking ‘‘flood control’’ each place it ap7 pears and inserting ‘‘water resources development’’. 

8 (b) COMPLETION OF STUDIES AND DESIGN ACTIVI9 TIES.—Section 211(c) of such Act (33 U.S.C. 701b–13(c)) 

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

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

12 Reform and Development Act of 2013’’. 

13 (c) AUTHORITY TO CARRY OUT IMPROVEMENTS.— 

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

15 is amended— 

16 (1) by striking subparagraph (A)(i) and insert17 ing the following: 

18 ‘‘(i) IN GENERAL.—A non-Federal in19 terest may carry out construction for 

20 which studies and design documents are 

21 prepared under subsection (b) only if— 

22 ‘‘(I) the Secretary approves the 

23 project for construction; and 

24 ‘‘(II) the project is specifically 

25 authorized by Congress.’’; and 


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

2 the following: 

3 ‘‘(B) STUDIES AND DESIGN ACTIVITIES

4 UNDER SUBSECTION (c).—Any non-Federal in5 terest that has received from the Secretary 

6 under subsection (c) a favorable recommenda7 tion to carry out a water resources development 

8 project, or separable element thereof, based on 

9 the results of completed studies and design doc10 uments for the project or element may carry 

11 out the project or element if— 

12 ‘‘(i) a final environmental impact 

13 statement under the National Environ14 mental Policy Act of 1969 (42 U.S.C. 

15 4321 et seq.) has been filed for the project 

16 or element; and 

17 ‘‘(ii) the project is specifically author18 ized by Congress.’’. 

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

20 (33 U.S.C. 701b–13(e)) is amended— 

21 (1) in paragraph (1)— 

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

23 at the end; 

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

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


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

2 ‘‘(D) if the project is specifically author3 ized by Congress.’’; 

4 (2) by striking paragraph (2) and redesignating 

5 paragraphs (3), (4), (5), and (6) as paragraphs (2), 

6 (3), (4), and (5), respectively; and 

7 (3) in paragraph (5) (as so redesignated)— 

8 (A) by striking subparagraph (B) and re9 designating subparagraphs (C) and (D) as sub10 paragraphs (B) and (C), respectively; and 

11 (B) in subparagraph (B) (as so redesig12 nated)— 

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

14 inserting ‘‘In accordance with section 221 

15 of the Flood Control Act of 1970 (42 

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

17 (ii) by inserting before the period at 

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

19 non-Federal share of any other authorized 

20 water resources development study or 

21 project of such non-Federal interest’’. 

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

23 U.S.C. 701b–13) is amended— 

24 (1) by striking subsections (f) and (g); and 

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


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1 ‘‘(f) OPERATION AND MAINTENANCE OF NAVIGATION

2 PROJECTS.—Whenever a non-Federal interest constructs 

3 improvements to a harbor or inland harbor, the Secretary 

4 shall be responsible for maintenance in accordance with 

5 section 101(b) of the Water Resources Development Act 

6 of 1986 (33 U.S.C. 2211(b)) if— 

7 ‘‘(1) the Secretary determines, before construc8 tion, that the improvements, or separable elements 

9 thereof, are economically justified and environ10 mentally acceptable; 

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

12 constructed in accordance with applicable permits 

13 and the appropriate engineering and design stand14 ards; 

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

16 project, or separable element thereof, is no longer 

17 economically justified or environmentally acceptable; 

18 and 

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

20 Congress. 

21 ‘‘(g) IMPLEMENTATION.—All laws and regulations 

22 that would apply to the Secretary if the Secretary were 

23 carrying out a project shall apply to the non-Federal inter24 est carrying out a project under this section. 


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1 ‘‘(h) NOTIFICATION OF COMMITTEES.—The Sec2 retary shall notify in writing the Committee on Transpor3 tation and Infrastructure of the House of Representatives 

4 and the Committee on Environment and Public Works of 

5 the Senate prior to initiation of negotiations with a non6 Federal interest regarding the utilization of the authorities 

7 under this section.’’. 

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

9 (1) Section 204 of the Water Resources Devel10 opment Act of 1986 (33 U.S.C. 2232). 

11 (2) Section 206 of the Water Resources Devel12 opment Act of 1992 (33 U.S.C. 426i–1). 

13 (3) Section 404 of the Water Resources Devel14 opment Act of 1990 (33 U.S.C. 2232 note; 104 

15 Stat. 4646). 

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

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

18 Act authorizing the construction of certain public works 

19 on rivers and harbors for flood control, and for other pur20 poses’’, approved June 22, 1936 (33 U.S.C. 701h), is 

21 amended— 

22 (1) by striking ‘‘from States and political sub23 divisions thereof,’’ and inserting ‘‘from a non-Fed24 eral interest (as defined in section 221 of the Flood 

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


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

2 design’’; 

3 (3) by inserting ‘‘, including a project for navi4 gation on the inland waterways,’’ after ‘‘study or 

5 project’’; 

6 (4) by striking ‘‘by States and political subdivi7 sions thereof,’’ and inserting ‘‘by a non-Federal in8 terest’’; 

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

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

11 of Columbia, the commonwealths, territories, and 

12 possessions of the United States, and Federally rec13 ognized Indian tribes’’; and 

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

15 the term ‘work’ means the planning, design, or con16 struction of an authorized water resources develop17 ment study or project, or the repair, restoration, or 

18 replacement of an authorized water resources devel19 opment project that has been damaged by an event 

20 or incident that results in a declaration by the Presi21 dent of a major disaster or emergency pursuant to 

22 the Robert T. Stafford Disaster Relief and Emer23 gency Assistance Act (42 U.S.C. 5121 et seq.)’’ 

24 after ‘‘contributing interests’’. 


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1 (b) NOTIFICATION FOR CONTRIBUTED FUNDS.— 

2 Prior to the initiation of negotiations for accepting con3 tributed funds under section 5 of the Act entitled ‘‘An Act 

4 authorizing the construction of certain public works on 

5 rivers and harbors for flood control, and for other pur6 poses’’, approved June 22, 1936 (33 U.S.C. 701h), the 

7 Secretary shall provide written notice to the Committee 

8 on Transportation and Infrastructure and the Committee 

9 on Appropriations of the House of Representatives and the 

10 Committee on Environment and Public Works and the 

11 Committee on Appropriations of the Senate. 

12 (c) TECHNICAL AMENDMENTS.—The following provi13 sions are repealed: 

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

15 Development and Related Agencies Appropriations 

16 Act, 2012 (125 Stat. 858). 

17 (2) Section 4 of the Act entitled ‘‘An Act mak18 ing appropriations for the construction, repair, and 

19 preservation of certain public works on rivers and 

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

21 1915 (33 U.S.C. 560). 


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1 SEC. 109. CONTRIBUTIONS BY NON-FEDERAL INTERESTS 

2 FOR MANAGEMENT OF CORPS OF ENGINEERS 

3 INLAND NAVIGATION FACILITIES. 

4 (a) IN GENERAL.—Section 225 of the Water Re5 sources Development Act of 1992 (33 U.S.C. 2328) is 

6 amended— 

7 (1) by striking the section designation and 

8 heading and inserting the following: 

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

10 FOR MANAGEMENT OF CORPS OF ENGINEERS 

11 FACILITIES.’’; 

12 (2) in subsection (a) by striking ‘‘managing rec13 reational facilities’’ and inserting ‘‘operating, main14 taining, and managing inland navigational facilities, 

15 recreational facilities,’’; and 

16 (3) in subsection (b) by striking ‘‘and manage17 ment of recreational facilities’’ and inserting ‘‘, 

18 maintenance, and management of inland navigation 

19 facilities, recreational facilities,’’. 

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

21 contained in section 1(b) of the Water Resources Develop22 ment Act of 1992 is amended by striking the item relating 

23 to section 225 and inserting the following: 

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


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1 SEC. 110. CLARIFICATION OF IMPACTS TO OTHER FEDERAL 

2 FACILITIES. 

3 In any case where the modification or construction 

4 of a water resources development project carried out by 

5 the Secretary adversely impacts other Federal facilities, 

6 the Secretary may accept from other Federal agencies 

7 such funds as may be necessary to address the adverse 

8 impact, including by removing, relocating, or recon9 structing such facilities. 

10 SEC. 111. CLARIFICATION OF PREVIOUSLY AUTHORIZED 

11 WORK. 

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

13 measures to improve fish species habitat within the bound14 aries and downstream of a water resources project con15 structed by the Secretary that includes a fish hatchery if 

16 the Secretary— 

17 (1) has been explicitly authorized to compensate 

18 for fish losses associated with the project; and 

19 (2) determines that the measures are— 

20 (A) feasible; 

21 (B) consistent with authorized project pur22 poses and the fish hatchery; and 

23 (C) in the public interest. 

24 (b) COST SHARING.— 

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

26 the non-Federal interest shall contribute 35 percent 


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1 of the total cost of carrying out activities under this 

2 section, including the costs relating to the provision 

3 or acquisition of required land, easements, rights-of4 way, dredged material disposal areas, and reloca5 tions. 

6 (2) OPERATION AND MAINTENANCE.—The non7 Federal interest shall contribute 100 percent of the 

8 costs of operation, maintenance, replacement, repair, 

9 and rehabilitation of the measures carried out under 

10 this section. 

11 SEC. 112. TRIBAL PARTNERSHIP PROGRAM. 

12 (a) IN GENERAL.—Section 203 of the Water Re13 sources Development Act of 2000 (33 U.S.C. 2269) is 

14 amended— 

15 (1) in subsection (d)(1)(B)— 

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

17 the following: 

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

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

20 ‘‘(ii) DETERMINATION.—Not later 

21 than 180 days after the date of enactment 

22 of the Water Resources Reform and Devel23 opment Act of 2013, the Secretary shall 

24 issue guidance on the procedures described 

25 in clause (i).’’; and 


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

2 following: 

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

4 carry out activities under this section in fiscal years 2014 

5 through 2023.’’. 

6 (b) COOPERATIVE AGREEMENTS WITH INDIAN

7 TRIBES.—The Secretary may enter into a cooperative 

8 agreement with an Indian tribe (or a designated represent9 ative of an Indian tribe) to carry out authorized activities 

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

11 quality, and cultural resources. 

12 SEC. 113. TECHNICAL CORRECTIONS. 

13 (a) LIMITATION; STATUTORY CONSTRUCTION.—Sec14 tion 221(a)(4)(E) of the Flood Control Act of 1970 (42 

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

16 (ii) and inserting the following: 

17 ‘‘(ii) LIMITATION.—In any case in 

18 which a specific provision of law provides 

19 for a non-Federal interest to receive credit 

20 toward the non-Federal share of the cost 

21 of a study for, or construction or operation 

22 and maintenance of, a water resources 

23 project, the Secretary shall apply— 

24 ‘‘(I) the specific provision of law 

25 instead of this paragraph; or 


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1 ‘‘(II) at the request of the non2 Federal interest, the specific provision 

3 of law and such provisions of this 

4 paragraph as the non-Federal interest 

5 may request. 

6 ‘‘(iii) STATUTORY CONSTRUCTION.— 

7 Nothing in this subparagraph may be con8 strued to affect the applicability of sub9 paragraph (C).’’. 

10 (b) WATER RESOURCES PROJECT DEFINED.—Sec11 tion 221(b) of such Act (42 U.S.C. 1962d–5b(b)) is 

12 amended— 

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

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

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

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

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

18 follows through ‘‘The term’’ and inserting the fol19 lowing: 

20 ‘‘(b) DEFINITIONS.— 

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

22 and 

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

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

25 ‘water resources project’ includes projects studied, 


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

3 under the authority of the civil works program of 

4 the Secretary of the Army for the purposes of navi5 gation, flood damage reduction, ecosystem restora6 tion, hurricane and storm damage reduction, water 

7 supply, recreation, hydroelectric power, fish and 

8 wildlife conservation, water quality, environmental 

9 infrastructure, resource protection and development, 

10 and related purposes.’’. 

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

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

13 and inserting ‘‘enforceable’’. 

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

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

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

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

18 original partnership agreement was entered into before, 

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

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

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

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

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

24 ‘‘(i) CONSTRUCTION.— 


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1 ‘‘(I) IN GENERAL.—In any case 

2 in which the non-Federal interest is to 

3 receive credit under subparagraph (A) 

4 for the cost of construction carried 

5 out by the non-Federal interest before 

6 execution of a partnership agreement 

7 and that construction has not been 

8 carried out as of the date of enact9 ment of this clause, the Secretary and 

10 the non-Federal interest shall enter 

11 into an agreement under which the 

12 non-Federal interest shall carry out 

13 such work and shall do so prior to the 

14 non-Federal interest initiating con15 struction or issuing a written notice to 

16 proceed for the construction. 

17 ‘‘(II) ELIGIBILITY.—Construc18 tion that is carried out after the exe19 cution of an agreement under sub20 clause (I) and any design activities 

21 that are required for that construc22 tion, even if the design activity is car23 ried out prior to the execution of the 

24 agreement, shall be eligible for credit. 

25 ‘‘(ii) PLANNING.— 


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1 ‘‘(I) IN GENERAL.—In any case 

2 in which the non-Federal interest is to 

3 receive credit under subparagraph (A) 

4 for the cost of planning carried out by 

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

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

13 ‘‘(II) ELIGIBILITY.—Planning 

14 that is carried out by the non-Federal 

15 interest after the execution of an 

16 agreement under subclause (I) shall 

17 be eligible for credit.’’. 

18 SEC. 114. WATER INFRASTRUCTURE PUBLIC-PRIVATE 

19 PARTNERSHIP PILOT PROGRAM. 

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

21 pilot program to evaluate the cost effectiveness and project 

22 delivery efficiency of allowing non-Federal interests to 

23 carry out authorized water resources development projects 

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1 land navigation, flood damage reduction, and hurricane 

2 and storm damage reduction. 

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

4 established under subsection (a) are— 

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

7 of Engineers projects; and 

8 (2) to evaluate the technical, financial, and or9 ganizational benefits of allowing a non-Federal inter10 est to carry out and manage the design or construc11 tion (or both) of 1 or more of such projects. 

12 (c) SUBSEQUENT APPROPRIATIONS.—Any activity 

13 undertaken under this section is authorized only to the 

14 extent specifically provided for in subsequent appropria15 tions Acts. 

16 (d) ADMINISTRATION.—In carrying out the pilot pro17 gram established under subsection (a), the Secretary 

18 shall— 

19 (1) identify for inclusion in the program at 

20 least 15 projects that are authorized for construction 

21 for coastal harbor improvement, channel improve22 ment, inland navigation, flood damage reduction, or 

23 hurricane and storm damage reduction; 

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1 resentatives and the Committee on Environment and 

2 Public Works of the Senate of each project identified 

3 under paragraph (1); 

4 (3) in consultation with the non-Federal inter5 est associated with each project identified under 

6 paragraph (1), develop a detailed project manage7 ment plan for the project that outlines the scope, fi8 nancing, budget, design, and construction resource 

9 requirements necessary for the non-Federal interest 

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

11 project; 

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

13 associated with each project identified under para14 graph (1), enter into a project partnership agree15 ment with the non-Federal interest under which the 

16 non-Federal interest is provided full project manage17 ment control for the financing, design, or construc18 tion (or any combination thereof) of the project, or 

19 a separable element of the project, in accordance 

20 with plans approved by the Secretary; 

21 (5) following execution of a project partnership 

22 agreement under paragraph (4) and completion of 

23 all work under the agreement, issue payment, in ac24 cordance with subsection (g), to the relevant non25 Federal interest for that work; and 


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1 (6) regularly monitor and audit each project 

2 carried out under the program to ensure that all ac3 tivities related to the project are carried out in com4 pliance with plans approved by the Secretary and 

5 that construction costs are reasonable. 

6 (e) SELECTION CRITERIA.—In identifying projects 

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

8 extent to which the project— 

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

10 States; 

11 (2) leverages Federal investment by encour12 aging non-Federal contributions to the project; 

13 (3) employs innovative project delivery and 

14 cost-saving methods; 

15 (4) received Federal funds in the past and expe16 rienced delays or missed scheduled deadlines; 

17 (5) has unobligated Corps of Engineers funding 

18 balances; and 

19 (6) has not received Federal funding for recapi20 talization and modernization since the project was 

21 authorized. 

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

23 180 days after entering into a project partnership agree24 ment under subsection (d)(4), a non-Federal interest, to 

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1 retary a detailed project schedule for the relevant project, 

2 based on estimated funding levels, that specifies deadlines 

3 for each milestone with respect to the project. 

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

5 for work completed pursuant to a project partnership 

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

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

8 amounts appropriated for the project; 

9 (2) other amounts appropriated to the Corps of 

10 Engineers, except that the total amount transferred 

11 to the non-Federal interest may not exceed the esti12 mate of the Federal share of the cost of construc13 tion, including any required design; and 

14 (3) revenue generated by the project. 

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

16 non-Federal interest participating in the pilot program es17 tablished under subsection (a), the Secretary may provide 

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

19 contracts with and compensates the Secretary, technical 

20 assistance with respect to— 

21 (1) a study, engineering activity, or design ac22 tivity related to a project carried out by the non23 Federal interest under the program; and 

24 (2) obtaining permits necessary for such a 

25 project. 


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1 (i) IDENTIFICATION OF IMPEDIMENTS.— 

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

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

4 identify any procedural requirements under the 

5 authority of the Secretary that impede greater 

6 use of public-private partnerships and private 

7 investment in water resources development 

8 projects; 

9 (B) develop and implement, on a project10 by-project basis, procedures and approaches 

11 that— 

12 (i) address such impediments; and 

13 (ii) protect the public interest and any 

14 public investment in water resources devel15 opment projects that involve public-private 

16 partnerships or private investment in water 

17 resources development projects; and 

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

19 enactment of this section, issue rules to carry 

20 out the procedures and approaches developed 

21 under subparagraph (B). 

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

23 section may be construed to allow the Secretary to 

24 waive any requirement under— 


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1 (A) sections 3141 through 3148 and sec2 tions 3701 through 3708 of title 40, United 

3 States Code; 

4 (B) the National Environmental Policy Act 

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

6 (C) any other provision of Federal law. 

7 (j) PUBLIC BENEFIT STUDIES.— 

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

9 project partnership agreement under subsection 

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

11 whether, and provide justification in writing to the 

12 Committee on Transportation and Infrastructure of 

13 the House of Representatives and the Committee on 

14 Environment and Public Works of the Senate that, 

15 the proposed agreement provides better public and 

16 financial benefits than a similar transaction using 

17 public funding or financing. 

18 (2) REQUIREMENTS.—An assessment under 

19 paragraph (1) shall— 

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

21 than 90 days; 

22 (B) take into consideration any supporting 

23 materials and data submitted by the relevant 

24 non-Federal interest and other stakeholders; 

25 and 


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1 (C) determine whether the proposed 

2 project partnership agreement is in the public 

3 interest by determining whether the agreement 

4 will provide public and financial benefits, in5 cluding expedited project delivery and savings 

6 for taxpayers. 

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

8 under the pilot program established under subsection (a) 

9 may consist of the non-Federal interest financing the non10 Federal share of the project. 

11 (l) APPLICABILITY OF FEDERAL LAW.—Any provi12 sion of Federal law that would apply to the Secretary if 

13 the Secretary were carrying out a project shall apply to 

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

15 section. 

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

17 cost-sharing requirement under Federal law that is appli18 cable to a project carried out under the pilot program es19 tablished under subsection (a). 

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

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

22 the Committee on Transportation and Infrastructure of 

23 the House of Representatives and the Committee on Envi24 ronment and Public Works of the Senate a report describ25 ing the results of the pilot program established under subVerDate Mar 15 2010 00:50 Sep 12, 2013 Jkt 029200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H3080.IH H3080

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1 section (a), including any recommendations of the Sec2 retary concerning whether the program or any component 

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

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

5 section, the term ‘‘non-Federal interest’’ includes non6 Federal government entities and private entities. 

7 SEC. 115. ANNUAL REPORT TO CONGRESS. 

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

9 year, the Secretary shall develop and submit to the Com10 mittee on Transportation and Infrastructure of the House 

11 of Representatives and the Committee on Environment 

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

13 entitled ‘‘Report to Congress on Future Water Resources 

14 Development’’, that identifies the following: 

15 (1) FEASIBILITY REPORTS.—Each feasibility 

16 report that meets the criteria established in sub17 section (c)(1)(A). 

18 (2) PROPOSED FEASIBILITY STUDIES.—Any 

19 proposed feasibility study submitted to the Secretary 

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

21 that meets the criteria established in subsection 

22 (c)(1)(A). 

23 (3) PROPOSED MODIFICATIONS.—Any proposed 

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1 opment project or feasibility study that meets the 

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

3 (A) is submitted to the Secretary by a non4 Federal interest pursuant to subsection (b); or 

5 (B) is identified by the Secretary for au6 thorization. 

7 (b) REQUESTS FOR PROPOSALS.— 

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

9 each year, the Secretary shall publish in the Federal 

10 Register a notice requesting proposals from non11 Federal interests for proposed feasibility studies and 

12 proposed modifications to authorized water resources 

13 development projects and feasibility studies to be in14 cluded in the annual report. 

15 (2) DEADLINE FOR REQUESTS.—The Secretary 

16 shall include in each notice required by this sub17 section a requirement that non-Federal interests 

18 submit to the Secretary any proposals described in 

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

20 date of publication of the notice in the Federal Reg21 ister in order for such proposals to be considered for 

22 inclusion in the annual report. 

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

24 of each notice required by this subsection, the Sec25 retary shall— 


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1 (A) make the notice publicly available, in2 cluding on the Internet; and 

3 (B) provide written notification of such 

4 publication to the Committee on Transportation 

5 and Infrastructure of the House of Representa6 tives and the Committee on Environment and 

7 Public Works of the Senate. 

8 (c) CONTENTS.— 

9 (1) FEASIBILITY REPORTS, PROPOSED FEASI10 BILITY STUDIES, AND PROPOSED MODIFICATIONS.— 

11 (A) CRITERIA FOR INCLUSION IN RE12 PORT.—The Secretary shall include in the an13 nual report only those feasibility reports, pro14 posed feasibility studies, and proposed modifica15 tions to authorized water resources development 

16 projects and feasibility studies that— 

17 (i) the Secretary determines are re18 lated to the missions and authorities of the 

19 Corps of Engineers; 

20 (ii) require specific authorization by 

21 Congress in law or otherwise; 

22 (iii) are not authorized by Congress; 

23 (iv) have not been included in any 

24 previous annual report; and 


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1 (v) if authorized and funded, could be 

2 carried out by the Corps of Engineers. 

3 (B) DESCRIPTION OF BENEFITS.—For 

4 each proposed feasibility study and proposed 

5 modification to an authorized water resources 

6 development project or feasibility study included 

7 in the annual report, the Secretary shall de8 scribe the potential benefit of the proposed fea9 sibility study or modification, including, to the 

10 extent applicable, whether the water resources 

11 development project that is the subject of the 

12 proposed feasibility study, or the proposed 

13 modification, will— 

14 (i) reduce risks to human life or pub15 lic safety or property; 

16 (ii) benefit the national economy; 

17 (iii) stimulate the creation of jobs; 

18 (iv) reduce the need for future dis19 aster relief; 

20 (v) promote the development and de21 livery of domestic energy resources; 

22 (vi) improve the competitiveness of 

23 United States exports; 


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1 (vii) improve water-related transpor2 tation for interstate or international com3 merce; 

4 (viii) restore or protect, or mitigate 

5 the impacts of a water resources develop6 ment project on, the environment; or 

7 (ix) promote the use of cost-effective 

8 and sustainable solutions to water re9 sources challenges. 

10 (2) TRANSPARENCY.—The Secretary shall in11 clude in the annual report, for each feasibility re12 port, proposed feasibility study, and proposed modi13 fication to an authorized water resources develop14 ment project or feasibility study— 

15 (A) the name of the associated non-Fed16 eral interest, including the name of any non17 Federal interest that has contributed, or is ex18 pected to contribute, a non-Federal share of the 

19 cost of— 

20 (i) the feasibility report; 

21 (ii) the proposed feasibility study; 

22 (iii) the authorized feasibility study 

23 for which the modification is proposed; or 

24 (iv) construction of— 


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1 (I) the water resources develop2 ment project that is the subject of— 

3 (aa) the feasibility report; 

4 (bb) the proposed feasibility 

5 study; or 

6 (cc) the authorized feasi7 bility study for which a modifica8 tion is proposed; or 

9 (II) the proposed modification to 

10 an authorized water resources devel11 opment project; 

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

13 feasibility report, proposed feasibility study, or 

14 proposed modification to an authorized water 

15 resources development project or feasibility 

16 study from each associated non-Federal inter17 est; 

18 (C) the purpose of the feasibility report, 

19 proposed feasibility study, or proposed modi20 fication to an authorized water resources devel21 opment project or feasibility study; 

22 (D) an estimate of the Federal, non-Fed23 eral, and total costs of— 


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1 (i) the proposed feasibility study, or 

2 proposed modification to an authorized 

3 feasibility study; and 

4 (ii) construction of— 

5 (I) the water resources develop6 ment project that is the subject of— 

7 (aa) the feasibility report; or 

8 (bb) the authorized feasi9 bility study for which a modifica10 tion is proposed, with respect to 

11 the change in costs resulting 

12 from such modification; or 

13 (II) the proposed modification to 

14 an authorized water resources devel15 opment project; and 

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

17 of the monetary and nonmonetary benefits of— 

18 (i) the water resources development 

19 project that is the subject of— 

20 (I) the feasibility report; 

21 (II) the proposed feasibility 

22 study; or 

23 (III) the authorized feasibility 

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1 posed, with respect to the benefits of 

2 such modification; or 

3 (ii) the proposed modification to an 

4 authorized water resources development 

5 project. 

6 (3) CERTIFICATION.—The Secretary shall in7 clude in the annual report a certification stating 

8 that each feasibility report, proposed feasibility 

9 study, and proposed modification to an authorized 

10 water resources development project or feasibility 

11 study included in the annual report meets the cri12 teria in subsection (c)(1)(A). 

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

14 Notwithstanding any other deadlines required by this sec15 tion, the Secretary shall— 

16 (1) not later than 30 days after the date of en17 actment of this Act, publish in the Federal Register 

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

19 (2) include in such notice a requirement that 

20 non-Federal interests submit to the Secretary any 

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

22 than 90 days after the date of publication of such 

23 notice in the Federal Register in order for such pro24 posals to be considered for inclusion in the first anVerDate Mar 15 2010 00:50 Sep 12, 2013 Jkt 029200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H3080.IH H3080

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1 nual report developed by the Secretary under this 

2 section; and 

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

4 enactment of this Act, submit an annual report to 

5 the Committee on Transportation and Infrastructure 

6 of the House of Representatives and the Committee 

7 on Environment and Public Works of the Senate. 

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

9 report to Congress, the Secretary shall make the annual 

10 report publicly available, including through publication on 

11 the Internet. 

12 (f) DEFINITIONS.—In this section, the following defi13 nitions apply: 

14 (1) ANNUAL REPORT.—The term ‘‘annual re15 port’’ means the report required by subsection (a). 

16 (2) FEASIBILITY REPORT.—The term ‘‘feasi17 bility report’’ means a final feasibility report devel18 oped under section 905 of the Water Resources De19 velopment Act of 1986 (33 U.S.C. 2282), and in20 cludes— 

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

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

23 (B) where applicable, any associated report 

24 of the Chief of Engineers. 


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

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

3 105 of the Water Resources Development Act of 

4 1986 (33 U.S.C. 2215). 

5 (4) NON-FEDERAL INTEREST.—The term ‘‘non6 Federal interest’’ has the meaning given that term 

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

8 U.S.C. 1962d–5b). 

9 SEC. 116. ACTIONS TO BE TAKEN IN CONJUNCTION WITH 

10 THE PRESIDENT’S ANNUAL BUDGET SUBMIS11 SION TO CONGRESS. 

12 (a) RECOMMENDATIONS FOR CORPS OF ENGINEERS

13 CONSTRUCTION PROJECTS IN PRESIDENT’S BUDGET.— 

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

15 of the President’s annual budget submission to Con16 gress under section 1105(a) of title 31, United 

17 States Code, the President shall— 

18 (A) identify and recommend Corps of En19 gineers construction projects for which Con20 gress should provide funding at the full level 

21 authorized for the project; and 

22 (B) provide an explanation of the process 

23 used by the President in making the rec24 ommendations. 


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1 (2) COVERED PERIOD.—The President shall 

2 make recommendations under paragraph (1) for the 

3 fiscal year for which the budget submission is pre4 pared and each of the succeeding 4 fiscal years. 

5 (3) BASIS FOR MAKING RECOMMENDATIONS.— 

6 The President shall base recommendations under 

7 paragraph (1) on the assumption that 

8 $2,000,000,000 will be appropriated for Corps of 

9 Engineers construction projects for each fiscal year. 

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

11 prioritization of Federal activities carried out related to 

12 the project for mitigation of fish and wildlife losses, Mis13 souri River Bank Stabilization and Navigation Project, 

14 Missouri, Kansas, Iowa, and Nebraska, authorized by sec15 tion 601(a) of the Water Resources Development Act of 

16 1986 (100 Stat. 4143), and in conjunction with the Presi17 dent’s submission to Congress of a budget under section 

18 1105(a) of title 31, United States Code, the Secretary 

19 shall submit to Congress a report that provides— 

20 (1) an inventory of all Federal actions taken 

21 and a prioritization of all Federal actions planned in 

22 furtherance of the project, including an inventory of 

23 lands owned, acquired, or directly controlled by the 

24 Federal Government, and lands enrolled in federally 

25 assisted conservation programs; 


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1 (2) a description of the specific Federal actions 

2 proposed for the upcoming fiscal year in furtherance 

3 of the project; 

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

6 how each of the actions identified under paragraph 

7 (1) have impacted such progress; and 

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

10 SEC. 117. HURRICANE AND STORM DAMAGE REDUCTION 

11 STUDY. 

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

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

15 Relief Appropriations Act, 2013, under the heading ‘‘De16 partment of the Army—Corps of Engineers—Civil—In17 vestigations’’ (127 Stat. 5), the Secretary shall make spe18 cific project recommendations. The Secretary may include 

19 those recommendations in the report entitled ‘‘Report to 

20 Congress on Future Water Resources Development’’, de21 veloped in accordance with this Act. 

22 SEC. 118. NON-FEDERAL PLANS TO PROVIDE ADDITIONAL 

23 FLOOD RISK REDUCTION. 

24 (a) IN GENERAL.—If requested by a non-Federal in25 terest, the Secretary shall carry out a locally preferred 


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

2 risk management project authorized under this Act if the 

3 Secretary determines that— 

4 (1) the plan is technically feasible and environ5 mentally acceptable; and 

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

7 the plan. 

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

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

10 attributable to the higher level of protection provided 

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

12 SEC. 119. REVIEW OF EMERGENCY RESPONSE AUTHORI13 TIES. 

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

15 review of implementation of section 5 of the Act entitled 

16 ‘‘An Act authorizing the construction of certain public 

17 works on rivers and harbors for flood control, and for 

18 other purposes’’, approved August 18, 1941 (33 U.S.C. 

19 701n), to evaluate the alternatives available to the Sec20 retary to ensure— 

21 (1) the safety of affected communities to future 

22 flooding and storm events; 

23 (2) the resiliency of water resources develop24 ment projects to future flooding and storm events; 


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1 (3) the long-term cost effectiveness of water re2 sources development projects that provide flood con3 trol and hurricane and storm damage reduction ben4 efits; and 

5 (4) the policy goals and objectives that have 

6 been outlined by the President as a response to re7 cent extreme weather events, including Hurricane 

8 Sandy, that relate to preparing for future floods are 

9 met. 

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

11 the Secretary shall— 

12 (1) review the historical precedents and imple13 mentation of section 5 of such Act, including those 

14 actions undertaken by the Secretary, over time, 

15 under that section— 

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

17 (B) to increase the level of protection for 

18 a damaged project to address future conditions; 

19 (2) evaluate the difference between adopting, as 

20 an appropriate standard under section 5 of such 

21 Act, the repair or restoration of a project to pre22 flood or pre-storm levels and the repair or restora23 tion of a project to a design level of protection, in24 cluding an assessment for each standard of— 


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1 (A) the implications on populations at risk 

2 of flooding or damage; 

3 (B) the implications on probability of loss 

4 of life; 

5 (C) the implications on property values at 

6 risk of flooding or damage; 

7 (D) the implications on probability of in8 creased property damage and associated costs; 

9 (E) the implications on local and regional 

10 economies; and 

11 (F) the estimated total cost and estimated 

12 cost savings; 

13 (3) incorporate the science on expected rates of 

14 sea-level rise and extreme weather events; and 

15 (4) incorporate the work completed by the Hur16 ricane Sandy Rebuilding Task Force, established by 

17 Executive Order 13632 (December 7, 2012). 

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

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

20 shall submit to the Committee on Transportation and In21 frastructure of the House of Representatives and the Com22 mittee on Environment and Public Works of the Senate 

23 a report on the results of the review. 


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1 SEC. 120. EMERGENCY COMMUNICATION OF RISK. 

2 (a) IN GENERAL.—In any river basin where the Sec3 retary carries out flood risk management activities subject 

4 to an annual operating plan, the Secretary shall establish 

5 procedures for providing the public and affected govern6 ments, including Indian tribes, in the river basin with— 

7 (1) timely information regarding expected water 

8 levels; 

9 (2) advice regarding appropriate preparedness 

10 actions; 

11 (3) technical assistance; and 

12 (4) any other information or assistance deter13 mined appropriate by the Secretary. 

14 (b) PROCEDURES.—The Secretary shall utilize the 

15 procedures only when precipitation or runoff exceeds those 

16 calculations considered as the lowest risk to life and prop17 erty contemplated by the annual operating plan. 

18 (c) DEFINITIONS.—In this section, the following defi19 nitions apply: 

20 (1) AFFECTED GOVERNMENT.—The term ‘‘af21 fected government’’ means a State, local, or tribal 

22 government with jurisdiction over an area that will 

23 be affected by a flood. 

24 (2) ANNUAL OPERATING PLAN.—The term ‘‘an25 nual operating plan’’ means a plan prepared by the 


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1 Secretary that describes potential water condition 

2 scenarios for a river basin for a year. 

3 SEC. 121. IMPROVEMENTS TO THE NATIONAL DAM SAFETY 

4 PROGRAM ACT. 

5 (a) ADMINISTRATOR.— 

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

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

8 striking ‘‘Director’’ each place it appears and insert9 ing ‘‘Administrator’’. 

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

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

12 paragraph heading by striking ‘‘Director’’ and in13 serting ‘‘Administrator’’. 

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

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

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

17 provision for emergency operations’’. 

18 (c) NATIONAL DAM SAFETY PROGRAM.— 

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

20 (33 U.S.C. 467f(c)(4)) is amended to read as fol21 lows: 

22 ‘‘(4) develop and implement a comprehensive 

23 dam safety hazard education and public awareness 

24 initiative to assist the public in mitigating against, 


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1 preparing for, responding to, and recovering from 

2 dam incidents;’’. 

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

4 U.S.C. 467f(f)(4)) is amended by inserting ‘‘, rep5 resentatives from nongovernmental organizations,’’ 

6 after ‘‘State agencies’’. 

7 SEC. 122. RESTRICTED AREAS AT CORPS OF ENGINEERS 

8 DAMS. 

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

10 113–13; 127 Stat. 449) is amended— 

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

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

13 this Act’’; 

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

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

16 (3) in subsection (c)— 

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

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

19 any’’; and 

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

21 date that is 2 years after the date of enactment 

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

23 has complied with the provisions of this sub24 section’’. 


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1 SEC. 123. LEVEE SAFETY. 

2 Section 22 of the Water Resources Development Act 

3 of 1974 (42 U.S.C. 1962d–16) is amended by redesig4 nating subsection (e) as subsection (f) and inserting after 

5 subsection (d) the following: 

6 ‘‘(e) LEVEE SAFETY.— 

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

8 and in consultation with that State and appropriate 

9 non-Federal interests, the Secretary may provide 

10 technical assistance to a State to— 

11 ‘‘(A) encourage effective State programs 

12 intended to ensure levee safety to protect 

13 human life and property; 

14 ‘‘(B) assist the State in establishing and 

15 carrying out a State levee safety program; and 

16 ‘‘(C) improve an existing State levee safety 

17 program. 

18 ‘‘(2) PURPOSES.—The purposes of technical as19 sistance provided under this subsection shall be— 

20 ‘‘(A) to ensure that human lives and prop21 erty that are protected by new and existing lev22 ees are safe; 

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

24 engineering policies and procedures for levee 

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1 ation and maintenance, and emergency pre2 paredness; 

3 ‘‘(C) to encourage effective levee safety 

4 programs in a State; 

5 ‘‘(D) to develop and support public edu6 cation and awareness projects to increase public 

7 acceptance and support of State levee safety 

8 programs; 

9 ‘‘(E) to build public awareness of the re10 sidual risks associated with living in levee pro11 tected areas; and 

12 ‘‘(F) to develop technical assistance mate13 rials, seminars, and guidelines to improve the 

14 security of levees in the United States. 

15 ‘‘(3) FEDERAL GUIDELINES.— 

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

17 subsection, the Secretary, in consultation with 

18 States and non-Federal interests, shall establish 

19 Federal guidelines relating to levee safety. 

20 ‘‘(B) INCORPORATION OF FEDERAL ACTIVI21 TIES.—The guidelines established under sub22 paragraph (A) shall encompass, to the max23 imum extent practicable, activities and practices 

24 carried out by appropriate Federal agencies. 


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1 ‘‘(C) INCORPORATION OF STATE AND

2 LOCAL ACTIVITIES.—The guidelines established 

3 under subparagraph (A) shall encompass, to the 

4 maximum extent practicable— 

5 ‘‘(i) the activities and practices car6 ried out by States, local governments, and 

7 the private sector to safely build, regulate, 

8 operate, and maintain levees; and 

9 ‘‘(ii) Federal activities that facilitate 

10 State efforts to develop and implement ef11 fective State programs for the safety of 

12 levees, including levee inspection, levee re13 habilitation, locally developed flood plain 

14 management, and public education and 

15 training programs. 

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

17 States and non-Federal interests, including ap18 propriate stakeholders, to review and comment 

19 on the guidelines established under subpara20 graph (A) before the guidelines are made final. 

21 ‘‘(4) ASSISTANCE FOR STATE LEVEE SAFETY

22 PROGRAMS.— 

23 ‘‘(A) ELIGIBILITY.—To be eligible for tech24 nical assistance under this subsection, a State 

25 shall— 


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

2 or have in effect a State levee safety pro3 gram under which a State levee safety 

4 agency, in accordance with State law, car5 ries out the guidelines established under 

6 paragraph (3); and 

7 ‘‘(ii) allocate sufficient funds in the 

8 budget of that State to carry out such 

9 State levee safety program. 

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

11 enter into an agreement with each State receiv12 ing technical assistance under this subsection to 

13 develop a work plan necessary for the State 

14 levee safety program of that State to reach a 

15 level of program performance that meets the 

16 guidelines established under paragraph (3). 

17 ‘‘(C) INSPECTION PROGRAMS.—The Sec18 retary shall work with States receiving technical 

19 assistance under this subsection to develop 

20 State technical guidelines for levee inspection 

21 programs that— 

22 ‘‘(i) address hazard classifications and 

23 technically based frameworks for levee as24 sessment; and 


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1 ‘‘(ii) are incorporated into State levee 

2 safety programs. 

3 ‘‘(D) MAINTENANCE OF EFFORT.—Tech4 nical assistance may not be provided to a State 

5 under this subsection during a fiscal year unless 

6 the State enters into an agreement with the 

7 Secretary to ensure that the State will maintain 

8 during that fiscal year aggregate expenditures 

9 for programs to ensure levee safety that are at 

10 or above the average annual level of such ex11 penditures for the State for the 2 fiscal years 

12 preceding that fiscal year.’’. 

13 SEC. 124. VEGETATION ON LEVEES. 

14 (a) REVIEW.—The Secretary of the Army, in accord15 ance with subsection (c), shall undertake a comprehensive 

16 review of the Corps of Engineers policy guidelines on vege17 tation management for levees (in this section referred to 

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

19 review upon the date of enactment of this Act. 

20 (b) FACTORS.— 

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

22 the Secretary shall examine the guidelines in view 

23 of— 

24 (A) the varied interests and responsibilities 

25 in managing flood risks, including the need to 


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1 provide the greatest levee safety benefit with 

2 limited resources; 

3 (B) preserving, protecting, and enhancing 

4 natural resources, including the potential ben5 efit that vegetation on levees can have in pro6 viding habitat for species of concern; 

7 (C) protecting the rights of Indian tribes 

8 pursuant to treaties and statutes; 

9 (D) determining how vegetation impacts 

10 the performance of a levee or levee system dur11 ing a storm or flood event; and 

12 (E) such other factors as the Secretary 

13 considers appropriate. 

14 (2) REGIONAL AND WATERSHED CONSIDER15 ATIONS.—In conducting the review, the Secretary 

16 shall specifically consider factors that promote and 

17 allow for consideration of potential variances from 

18 national guidelines on a regional or watershed basis. 

19 Such factors may include regional or watershed soil 

20 conditions, hydrologic factors, vegetation patterns 

21 and characteristics, environmental resources, levee 

22 performance history, institutional considerations, 

23 and other relevant factors. The scope of a variance 

24 approved by the Secretary may include an exemption 

25 to national guidelines where appropriate. 


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1 (c) COOPERATION AND RECOMMENDATIONS.— 

2 (1) IN GENERAL.—The review shall be under3 taken in cooperation with interested Federal agen4 cies and in consultation with interested representa5 tives of State and local governments, Indian tribes, 

6 appropriate nongovernmental organizations, and the 

7 public. 

8 (2) RECOMMENDATIONS.—Corps of Engineers 

9 Regional Integration Teams, representing districts, 

10 divisions, and headquarters, in consultation with 

11 State and Federal resources agencies, and with par12 ticipation by local agencies, shall recommend to the 

13 Secretary vegetation management policies for levees 

14 that conform with State and Federal laws and other 

15 applicable requirements. 

16 (d) REVISION OF GUIDELINES.— 

17 (1) IN GENERAL.—During the 1-year period be18 ginning on the date of enactment of this Act, the 

19 Secretary shall— 

20 (A) provide the public 30 days to review 

21 and comment on the guidelines; 

22 (B) revise the guidelines based on consid23 eration of the results of the public review; and 

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1 retary and a description of the findings of the 

2 Secretary under this section. 

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

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

7 national guidelines, reflecting due consideration 

8 of measures to maximize public safety benefits 

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

12 and allocation of responsibilities; and 

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

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

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

19 (e) CONTINUATION OF WORK.—Concurrent with 

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

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

24 to vegetation variance policy. 


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1 SEC. 125. REDUCTION OF FEDERAL COSTS. 

2 Section 204(a) of the Water Resources Development 

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

4 at the end the following: 

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

6 Federal costs, the Secretary shall consider the bene7 ficial use of dredged material in a manner that con8 tributes to the maintenance of sediment resources in 

9 the nearby coastal system.’’. 

10 SEC. 126. ADVANCED MODELING TECHNOLOGIES. 

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

12 the Secretary shall encourage and incorporate advanced 

13 modeling technologies, including 3-dimensional digital 

14 modeling, for activities related to water resources develop15 ment projects and studies. 

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

17 Secretary, to the greatest extent practicable, shall— 

18 (1) compile information related to advanced 

19 modeling technologies, including industry best prac20 tices with respect to the use of the technologies; 

21 (2) disseminate to non-Federal interests the in22 formation described in paragraph (1); and 

23 (3) promote the use of advanced modeling tech24 nologies. 

25 (c) ADVANCED MODELING TECHNOLOGY DE26 FINED.—In this section, the term ‘‘advanced modeling 


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1 technology’’ means an available or developing technology, 

2 including 3-dimensional digital modeling, that can expe3 dite project delivery for or improve the evaluation of water 

4 resources development projects that receive Federal fund5 ing by— 

6 (1) accelerating and improving the environ7 mental review process; 

8 (2) increasing effective public participation; 

9 (3) enhancing the detail and accuracy of project 

10 designs; 

11 (4) increasing safety; 

12 (5) accelerating construction and reducing con13 struction costs; or 

14 (6) otherwise achieving such purposes. 

15 SEC. 127. ENHANCED USE OF ELECTRONIC COMMERCE IN 

16 FEDERAL PROCUREMENT. 

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

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

19 the Committee on Transportation and Infrastructure of 

20 the House of Representatives and the Committee on Envi21 ronment and Public Works of the Senate a report describ22 ing the Secretary’s actions to carry out section 2301 of 

23 title 41, United States Code, regarding the use of elec24 tronic commerce in Federal procurement. 


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1 (b) CONTENTS.—The report submitted under sub2 section (a) shall include, with respect to the 2 fiscal years 

3 most recently ended before the fiscal year in which the 

4 report is submitted— 

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

6 dollar value of procurement solicitations with respect 

7 to which the public was permitted to respond to the 

8 solicitation electronically, which shall differentiate 

9 between solicitations that allowed full or partial elec10 tronic submission; 

11 (2) an analysis of the information provided 

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

13 by the Secretary to refine and improve the use of 

14 electronic submission for procurement solicitation re15 sponses; 

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

17 obstacles to implementing fuller use of electronic 

18 submission for procurement solicitation responses, 

19 including with respect to cost savings, error reduc20 tion, paperwork reduction, increased bidder partici21 pation, and competition, and expanded use of elec22 tronic bid data collection for cost-effective contract 

23 management and timely reporting; and 

24 (4) an analysis of the options and technologies 

25 available to facilitate expanded implementation of 


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1 electronic submission for procurement solicitation re2 sponses and the suitability of each option and tech3 nology for contracts of various types and sizes. 

4 SEC. 128. CORROSION PREVENTION. 

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

6 the Secretary shall encourage and incorporate corrosion 

7 prevention activities at water resources development 

8 projects. 

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

10 Secretary, to the greatest extent practicable, shall ensure 

11 that contractors performing work for water resources de12 velopment projects— 

13 (1) use best practices to carry out corrosion 

14 prevention activities in the field; 

15 (2) use industry recognized standards and cor16 rosion mitigation and prevention methods when— 

17 (A) determining protective coatings; 

18 (B) selecting materials; and 

19 (C) determining methods of cathodic pro20 tection, design, and engineering for corrosion 

21 prevention; 

22 (3) use certified coating application specialists 

23 and cathodic protection technicians and engineers; 


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1 (4) use best practices in environmental protec2 tion to prevent environmental degradation, and to 

3 ensure careful handling of all hazardous materials; 

4 (5) demonstrate a history of employing indus5 try-certified inspectors to ensure adherence to best 

6 practices and standards; and 

7 (6) demonstrate a history of compliance with 

8 applicable requirements of the Occupational Safety 

9 and Health Administration. 

10 (c) CORROSION PREVENTION ACTIVITIES DE11 FINED.—In this section, the term ‘‘corrosion prevention 

12 activities’’ means— 

13 (1) the application and inspection of protective 

14 coatings for complex work involving steel and cemen15 titious structures, including structures that will be 

16 exposed in immersion; 

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

18 cathodic protection systems; and 

19 (3) any other activities related to corrosion pre20 vention the Secretary determines appropriate. 

21 SEC. 129. RESILIENT CONSTRUCTION AND USE OF INNOVA22 TIVE MATERIALS. 

23 The Secretary, to the extent practicable, shall encour24 age the use of durable, resilient, and sustainable materials 

25 and practices, including the use of geosynthetic materials 


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1 and innovative technologies, in carrying out the activities 

2 of the Corps of Engineers. 

3 SEC. 130. ASSESSMENT OF WATER SUPPLY IN ARID RE4 GIONS. 

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

6 assessment of the management practices, priorities, and 

7 authorized purposes at Corps of Engineers reservoirs in 

8 arid regions to determine the effects of such practices, pri9 orities, and purposes on water supply during periods of 

10 drought. 

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

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

13 the Committee on Transportation and Infrastructure of 

14 the House of Representatives and the Committee on Envi15 ronment and Public Works of the Senate a report on the 

16 results of the assessment. 

17 SEC. 131. RIVER BASIN COMMISSIONS. 

18 Section 5019 of the Water Resources Development 

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

20 the end the following: 

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

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

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

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


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

2 a report that describes— 

3 ‘‘(1) the reasons why the Secretary did not allo4 cate funds in accordance with subsection (b) during 

5 that fiscal year; and 

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

7 Commission specified in subsection (b), of not allo8 cating the funds, including with respect to— 

9 ‘‘(A) water supply allocation; 

10 ‘‘(B) water quality protection; 

11 ‘‘(C) regulatory review and permitting; 

12 ‘‘(D) water conservation; 

13 ‘‘(E) watershed planning; 

14 ‘‘(F) drought management; 

15 ‘‘(G) flood loss reduction; 

16 ‘‘(H) recreation; and 

17 ‘‘(I) energy development.’’. 

18 SEC. 132. SENSE OF CONGRESS REGARDING WATER RE19 SOURCES DEVELOPMENT BILLS. 

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

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

22 development bill was typically enacted every 2 years. 

23 (2) Since 2000, only 1 water resources develop24 ment bill has been enacted. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that, because the missions of the Corps of Engineers 

3 are unique and benefit all individuals in the United States 

4 and because water resources development projects are crit5 ical to maintaining economic prosperity, national security, 

6 and environmental protection, Congress should consider a 

7 water resources development bill not less than once every 

8 Congress. 

9 TITLE II—NAVIGATION 

10 IMPROVEMENTS 

11 Subtitle A—Ports 

12 SEC. 201. EXPANDED USE OF HARBOR MAINTENANCE 

13 TRUST FUND. 

14 (a) IN GENERAL.—For any fiscal year in which tar15 get appropriations described in subsection (b) are met, the 

16 Secretary may use up to 5 percent of the total amount 

17 made available to the Secretary from the Harbor Mainte18 nance Trust Fund for the eligible operations and mainte19 nance costs described in section 210(a)(2) of the Water 

20 Resources Development Act of 1986 (33 U.S.C. 

21 2238(a)(2)) for that fiscal year for expanded uses of the 

22 Harbor Maintenance Trust Fund. 

23 (b) TARGET APPROPRIATIONS.—For purposes of this 

24 section, target appropriations are met for a fiscal year if 

25 the total amount made available to the Secretary from the 


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1 Harbor Maintenance Trust Fund for that fiscal year 

2 equals or exceeds, as determined by the Secretary, the fol3 lowing: 

4 (1) For fiscal year 2014, 65 percent of the total 

5 amount of harbor maintenance taxes received in fis6 cal year 2013. 

7 (2) For fiscal year 2015, 67 percent of the total 

8 amount of harbor maintenance taxes received in fis9 cal year 2014. 

10 (3) For fiscal year 2016, 69 percent of the total 

11 amount of harbor maintenance taxes received in fis12 cal year 2015. 

13 (4) For fiscal year 2017, 71 percent of the total 

14 amount of harbor maintenance taxes received in fis15 cal year 2016. 

16 (5) For fiscal year 2018, 73 percent of the total 

17 amount of harbor maintenance taxes received in fis18 cal year 2017. 

19 (6) For fiscal year 2019, 75 percent of the total 

20 amount of harbor maintenance taxes received in fis21 cal year 2018. 

22 (7) For fiscal year 2020, and each fiscal year 

23 thereafter, 80 percent of total amount of harbor 

24 maintenance taxes received in the previous fiscal 

25 year. 


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1 (c) DEFINITIONS.—In this section, the following defi2 nitions apply: 

3 (1) ELIGIBLE HARBORS AND INLAND HARBORS

4 DEFINED.—The term ‘‘eligible harbor or inland har5 bor’’ means a harbor or inland harbor that, histori6 cally, as determined by the Secretary— 

7 (A) generates an amount of harbor mainte8 nance taxes; that exceeds 

9 (B) the value of maintenance dredging 

10 work carried out for the harbor or inland har11 bor using amounts from the Harbor Mainte12 nance Trust Fund. 

13 (2) EXPANDED USES.—The term ‘‘expanded 

14 uses’’ means the following activities performed for 

15 an eligible harbor or inland harbor: 

16 (A) The maintenance dredging of a berth 

17 in a harbor that is accessible to a Federal navi18 gation project and that benefits commercial 

19 navigation at the harbor. 

20 (B) The maintenance dredging and dis21 posal of legacy-contaminated sediment, and 

22 sediment unsuitable for open water disposal, 

23 if— 


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1 (i) such dredging and disposal bene2 fits commercial navigation at the harbor; 

3 and 

4 (ii) such sediment— 

5 (I) is located in and affects the 

6 maintenance of a Federal navigation 

7 project; or 

8 (II) is located in a berth that is 

9 accessible to a Federal navigation 

10 project. 

11 (3) TOTAL AMOUNT OF HARBOR MAINTENANCE

12 TAXES RECEIVED.—The term ‘‘total amount of har13 bor maintenance taxes received’’ means, with respect 

14 to a fiscal year, the aggregate of amounts appro15 priated, transferred, or credited to the Harbor Main16 tenance Trust Fund under section 9505(a) of the 

17 Internal Revenue Code of 1986 for that fiscal year 

18 as set forth in the current year estimate provided in 

19 the President’s budget request for the subsequent 

20 fiscal year, submitted pursuant to section 1105 of 

21 title 31, United States Code. 

22 (d) CONFORMING AMENDMENT.—Section 9505(c)(1) 

23 of the Internal Revenue Code of 1986 is amended by strik24 ing ‘‘(as in effect on the date of the enactment of the 

25 Water Resources Development Act of 1996)’’. 


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1 (e) SENSE OF CONGRESS.—It is the sense of Con2 gress that any increase in harbor maintenance programs 

3 described in this section shall result from an overall in4 crease in appropriations for the civil works program of the 

5 Corps of Engineers and not from similar reductions in the 

6 appropriations for other programs, projects, and activities 

7 carried out by the Corps of Engineers for other authorized 

8 purposes. 

9 SEC. 202. ASSESSMENT AND PRIORITIZATION OF OPER10 ATION AND MAINTENANCE. 

11 (a) ASSESSMENT.—Section 210 of the Water Re12 sources Development Act of 1986 (33 U.S.C. 2238) is 

13 amended by adding at the end the following: 

14 ‘‘(c) ASSESSMENT OF OPERATION AND MAINTE15 NANCE NEEDS.— 

16 ‘‘(1) IN GENERAL.—Not later than 90 days 

17 after the date of enactment of this subsection, and 

18 biennially thereafter, the Secretary shall assess the 

19 operation and maintenance needs of the harbors re20 ferred to in subsection (a)(2). 

21 ‘‘(2) TYPES OF HARBORS.—In carrying out 

22 paragraph (1), the Secretary shall assess the oper23 ation and maintenance needs of the harbors used 

24 for— 

25 ‘‘(A) commercial navigation; 


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1 ‘‘(B) commercial fishing; 

2 ‘‘(C) subsistence, including utilization by 

3 Indian tribes (as such term is defined in section 

4 4 of the Indian Self-Determination and Edu5 cation Assistance Act (25 U.S.C. 450b)) for 

6 subsistence and ceremonial purposes; 

7 ‘‘(D) use as a harbor of refuge; 

8 ‘‘(E) transportation of persons; 

9 ‘‘(F) purposes relating to domestic energy 

10 production, including the fabrication, servicing, 

11 or supply of domestic offshore energy produc12 tion facilities; 

13 ‘‘(G) activities of the Secretary of the de14 partment in which the Coast Guard is oper15 ating; 

16 ‘‘(H) public health and safety related 

17 equipment for responding to coastal and inland 

18 emergencies; 

19 ‘‘(I) recreation purposes; and 

20 ‘‘(J) any other authorized purpose. 

21 ‘‘(3) REPORT TO CONGRESS.—For fiscal year 

22 2015, and biennially thereafter, in conjunction with 

23 the President’s annual budget submission to Con24 gress under section 1105(a) of title 31, United 

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1 mittee on Transportation and Infrastructure of the 

2 House of Representatives and the Committee on En3 vironment and Public Works of the Senate a report 

4 that, with respect to harbors referred to in sub5 section (a)(2)— 

6 ‘‘(A) identifies the operation and mainte7 nance costs associated with the harbors, includ8 ing those costs required to achieve and main9 tain the authorized length, width, and depth for 

10 the harbors, on a project-by-project basis; 

11 ‘‘(B) identifies the amount of funding re12 quested in the President’s budget for the oper13 ation and maintenance costs associated with the 

14 harbors, on a project-by-project basis; 

15 ‘‘(C) identifies the unmet operation and 

16 maintenance needs associated with the harbors, 

17 on a project-by-project basis; and 

18 ‘‘(D) identifies the harbors for which the 

19 President will allocate funding over the next 5 

20 fiscal years for operation and maintenance ac21 tivities, on a project-by-project basis, including 

22 the amounts to be allocated for such pur23 poses.’’. 

24 (b) OPERATION AND MAINTENANCE OF EMERGING

25 HARBOR PROJECTS.—Section 210 of such Act (33 U.S.C. 


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1 2238) is further amended by adding at the end the fol2 lowing: 

3 ‘‘(d) OPERATION AND MAINTENANCE OF EMERGING

4 HARBOR PROJECTS.— 

5 ‘‘(1) IN GENERAL.—To the maximum extent 

6 practicable, the Secretary shall make expenditures to 

7 pay for operation and maintenance costs of the har8 bors referred to in subsection (a)(2), including ex9 penditures of funds appropriated from the Harbor 

10 Maintenance Trust Fund, based on an equitable al11 location of funds among all such harbors, regardless 

12 of the size or tonnage throughput of the harbor. 

13 ‘‘(2) CRITERIA.—In determining the equitable 

14 allocation of funds under paragraph (1), the Sec15 retary shall— 

16 ‘‘(A) utilize the information obtained in the 

17 assessment conducted under subsection (c); 

18 ‘‘(B) consider the national and regional 

19 significance of harbor operation and mainte20 nance; and 

21 ‘‘(C) not make such allocation based solely 

22 on the tonnage transiting through a harbor. 

23 ‘‘(3) EMERGING HARBORS.— 

24 ‘‘(A) IN GENERAL.—Notwithstanding para25 graph (1), in making expenditures described in 


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1 paragraph (1) for each of fiscal years 2015 and 

2 2016, the Secretary shall allocate not less than 

3 10 percent of the total amount of the expendi4 tures to pay for operation and maintenance 

5 costs of emerging harbors. 

6 ‘‘(B) EMERGING HARBOR DEFINED.—In 

7 this paragraph, the term ‘emerging harbor’ 

8 means a harbor referred to in subsection (a)(2) 

9 that transits less than 1,000,000 tons of com10 merce annually. 

11 ‘‘(4) EMERGENCY EXPENDITURES.—Nothing in 

12 this subsection may be construed to prohibit the 

13 Secretary from making an expenditure to pay for the 

14 operation and maintenance costs of a specific har15 bor, including the transfer of funding from the oper16 ation and maintenance of a separate project, if— 

17 ‘‘(A) the Secretary determines that the ac18 tion is necessary to address the navigation 

19 needs of a harbor where safe navigation has 

20 been severely restricted due to an unforeseen 

21 event; and 

22 ‘‘(B) the Secretary provides advance notice 

23 and information on the need for the action to 

24 the Committee on Transportation and Infra25 structure and the Committee on Appropriations 


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1 of the House of Representatives and the Com2 mittee on Environment and Public Works and 

3 the Committee on Appropriations of the Senate. 

4 ‘‘(5) MANAGEMENT OF GREAT LAKES NAVIGA5 TION SYSTEM.—To sustain effective and efficient op6 eration and maintenance of the Great Lakes Naviga7 tion System, including any navigation feature in the 

8 Great Lakes that is a Federal responsibility with re9 spect to operation and maintenance, the Secretary 

10 shall manage and allocate funding for all of the indi11 vidually authorized projects in the Great Lakes 

12 Navigation System as components of a single, com13 prehensive system, recognizing the interdependence 

14 of the projects.’’. 

15 SEC. 203. PRESERVING UNITED STATES HARBORS. 

16 (a) IN GENERAL.—The Secretary may enter into an 

17 agreement with a non-Federal interest, at the request of 

18 the non-Federal interest, under which the Secretary 

19 agrees to maintain a navigation project for a harbor or 

20 inland harbor (in this section referred to as a ‘‘federally 

21 authorized harbor’’) in accordance with section 101(b) of 

22 the Water Resources Development Act of 1986 (33 U.S.C. 

23 2211(b)). 

24 (b) REPORT BY NON-FEDERAL INTEREST.— 


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1 (1) IN GENERAL.—To be eligible to enter into 

2 an agreement under subsection (a) with respect to a 

3 federally authorized harbor, a non-Federal interest 

4 shall submit to the Secretary a report justifying eco5 nomic investment in maintenance of the harbor. 

6 (2) JUSTIFICATION OF INVESTMENT.—A report 

7 submitted under paragraph (1) may justify economic 

8 investment in the maintenance of a federally author9 ized harbor based on— 

10 (A) projected economic benefits, including 

11 transportation savings and job creation; and 

12 (B) other factors, including navigation 

13 safety, national security, and sustainability of 

14 subsistence harbors. 

15 (3) TERMINATION OF CERTAIN AGREEMENTS.— 

16 An agreement entered into under subsection (a) with 

17 respect to a federally authorized harbor shall contain 

18 terms to allow the Secretary to terminate the agree19 ment if the Secretary determines that Federal eco20 nomic investment in maintaining the harbor is no 

21 longer justified. 

22 (c) LIMITATION ON STATUTORY CONSTRUCTION.— 

23 Nothing in this section may be construed to preclude the 

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1 bor under section 101(b) of the Water Resources Develop2 ment Act of 1986 (33 U.S.C. 2211(b)). 

3 SEC. 204. CONSOLIDATION OF DEEP DRAFT NAVIGATION 

4 EXPERTISE. 

5 Section 2033(e) of the Water Resources Development 

6 Act of 2007 (33 U.S.C. 2282a(e)) is amended by adding 

7 at the end the following: 

8 ‘‘(3) DEEP DRAFT NAVIGATION PLANNING CEN9 TER OF EXPERTISE.— 

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

11 consolidate deep draft navigation expertise 

12 within the Corps of Engineers into a deep draft 

13 navigation planning center of expertise. 

14 ‘‘(B) LIST.—Not later than 60 days after 

15 the date of the consolidation required under 

16 subparagraph (A), the Secretary shall submit to 

17 the Committee on Transportation and Infra18 structure of the House of Representatives and 

19 the Committee on Environment and Public 

20 Works of the Senate a list of personnel, includ21 ing the grade levels and expertise of the per22 sonnel, assigned to the center described in sub23 paragraph (A).’’. 


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1 SEC. 205. DISPOSAL SITES. 

2 (a) IN GENERAL.—The Secretary, in accordance with 

3 subsections (b) and (c) and with the concurrence of the 

4 Administrator of the Environmental Protection Agency, is 

5 authorized to reopen the Cape Arundel Disposal Site (in 

6 this section referred to as the ‘‘Site’’) as an alternative 

7 dredged material disposal site under section 103(b) of the 

8 Marine Protection, Research, and Sanctuaries Act of 1972 

9 (33 U.S.C. 1413(b)). 

10 (b) DEADLINE.—The Site may remain open under 

11 subsection (a) until the earlier of— 

12 (1) the date on which the Site does not have 

13 any remaining disposal capacity; 

14 (2) the date on which an environmental impact 

15 statement designating an alternative dredged mate16 rial disposal site for southern Maine has been com17 pleted; or 

18 (3) the date that is 5 years after the date of en19 actment of this Act. 

20 (c) LIMITATIONS.—The use of the Site as a dredged 

21 material disposal site under subsection (a) shall be subject 

22 to the conditions that— 

23 (1) conditions at the Site remain suitable for 

24 the continued use of the Site as a dredged material 

25 disposal site; and 


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1 (2) the Site not be used for the disposal of 

2 more than 80,000 cubic yards from any single 

3 dredging project. 

4 Subtitle B—Inland Waterways 

5 SEC. 211. DEFINITIONS. 

6 In this subtitle, the following definitions apply: 

7 (1) INLAND WATERWAYS TRUST FUND.—The 

8 term ‘‘Inland Waterways Trust Fund’’ means the 

9 Inland Waterways Trust Fund established by section 

10 9506(a) of the Internal Revenue Code of 1986. 

11 (2) QUALIFYING PROJECT.—The term ‘‘quali12 fying project’’ means any construction or major re13 habilitation project for navigation infrastructure of 

14 the inland and intracoastal waterways that is— 

15 (A) authorized before, on, or after the date 

16 of enactment of this Act; 

17 (B) not completed on the date of enact18 ment of this Act; and 

19 (C) funded at least in part from the Inland 

20 Waterways Trust Fund. 

21 SEC. 212. PROJECT DELIVERY PROCESS REFORMS. 

22 (a) REQUIREMENTS FOR QUALIFYING PROJECTS.— 

23 With respect to each qualifying project, the Secretary shall 

24 require— 

25 (1) for each project manager, that— 


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1 (A) the project manager have formal 

2 project management training and certification; 

3 and 

4 (B) the project manager be assigned from 

5 among personnel certified by the Chief of Engi6 neers; and 

7 (2) for an applicable cost estimation, that— 

8 (A) the Secretary utilize a risk-based cost 

9 estimate with a confidence level of at least 80 

10 percent; and 

11 (B) the cost estimate be implemented— 

12 (i) for a qualifying project that re13 quires an increase in the authorized 

14 amount in accordance with section 902 of 

15 the Water Resources Development Act of 

16 1986 (33 U.S.C. 2280), during the prepa17 ration of a post-authorization change re18 port or other similar decision document; 

19 (ii) for a qualifying project for which 

20 the first construction contract has not been 

21 awarded, prior to the award of the first 

22 construction contract; 

23 (iii) for a qualifying project without a 

24 completed feasibility report in accordance 

25 with section 905 of the Water Resources 


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1 Development Act of 1986 (33 U.S.C. 

2 2282), prior to the completion of such a 

3 report; and 

4 (iv) for a qualifying project with a 

5 completed feasibility report in accordance 

6 with section 905 of the Water Resources 

7 Development Act of 1986 (33 U.S.C. 

8 2282) that has not yet been authorized, 

9 during design for the qualifying project. 

10 (b) ADDITIONAL PROJECT DELIVERY PROCESS RE11 FORMS.—Not later than 18 months after the date of en12 actment of this Act, the Secretary shall— 

13 (1) establish a system to identify and apply on 

14 a continuing basis best management practices from 

15 prior or ongoing qualifying projects to improve the 

16 likelihood of on-time and on-budget completion of 

17 qualifying projects; 

18 (2) evaluate early contractor involvement acqui19 sition procedures to improve on-time and on-budget 

20 project delivery performance; and 

21 (3) implement any additional measures that the 

22 Secretary determines will achieve the purposes of 

23 this subtitle, including— 

24 (A) the implementation of applicable prac25 tices and procedures developed pursuant to 


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1 management by the Secretary of an applicable 

2 military construction program; 

3 (B) the development and use of a portfolio 

4 of standard designs for inland navigation locks; 

5 (C) the use of full-funding contracts or for6 mulation of a revised continuing contracts 

7 clause; and 

8 (D) the establishment of procedures for 

9 recommending new project construction starts 

10 using a capital projects business model. 

11 (c) PILOT PROJECTS.— 

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

13 the Secretary may carry out pilot projects to evalu14 ate processes and procedures for the study, design, 

15 and construction of qualifying projects. 

16 (2) INCLUSIONS.—At a minimum, the Secretary 

17 shall carry out pilot projects under this subsection to 

18 evaluate— 

19 (A) early contractor involvement in the de20 velopment of features and components; 

21 (B) an appropriate use of continuing con22 tracts for the construction of features and com23 ponents; and 


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1 (C) applicable principles, procedures, and 

2 processes used for military construction 

3 projects. 

4 (d) INLAND WATERWAYS USER BOARD.—Section 

5 302 of the Water Resources Development Act of 1986 (33 

6 U.S.C. 2251) is amended— 

7 (1) by striking subsection (b) and inserting the 

8 following: 

9 ‘‘(b) DUTIES OF USERS BOARD.— 

10 ‘‘(1) IN GENERAL.—The Users Board shall 

11 meet not less frequently than semiannually to de12 velop and make recommendations to the Secretary 

13 and Congress regarding the inland waterways and 

14 inland harbors of the United States. 

15 ‘‘(2) ADVICE AND RECOMMENDATIONS.—For 

16 commercial navigation features and components of 

17 the inland waterways and inland harbors of the 

18 United States, the Users Board shall provide— 

19 ‘‘(A) prior to the development of the budg20 et proposal of the President for a given fiscal 

21 year, advice and recommendations to the Sec22 retary regarding construction and rehabilitation 

23 priorities and spending levels; 

24 ‘‘(B) advice and recommendations to Con25 gress regarding any completed feasibility report 


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1 in accordance with section 905 of the Water 

2 Resources Development Act of 1986 (33 U.S.C. 

3 2282) relating to those features and compo4 nents; 

5 ‘‘(C) advice and recommendations to Con6 gress regarding an increase in the authorized 

7 cost of those features and components; 

8 ‘‘(D) not later than 60 days after the date 

9 of the submission of the budget proposal of the 

10 President to Congress, advice and recommenda11 tions to Congress regarding construction and 

12 rehabilitation priorities and spending levels; and 

13 ‘‘(E) advice and recommendations on the 

14 development of a long-term capital investment 

15 program in accordance with subsection (d). 

16 ‘‘(3) PROJECT DEVELOPMENT TEAMS.—The 

17 chairperson of the Users Board shall appoint a rep18 resentative of the Users Board to serve as an infor19 mal advisor to the project development team for a 

20 qualifying project or the study or design of a com21 mercial navigation feature or component of the in22 land waterways and inland harbors of the United 

23 States. 

24 ‘‘(4) INDEPENDENT JUDGMENT.—Any advice or 

25 recommendation made by the Users Board to the 


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1 Secretary shall reflect the independent judgment of 

2 the Users Board.’’; 

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

4 following: 

5 ‘‘(c) DUTIES OF SECRETARY.—The Secretary shall— 

6 ‘‘(1) communicate not less than once each quar7 ter to the Users Board the status of the study, de8 sign, or construction of all commercial navigation 

9 features or components of the inland waterways or 

10 inland harbors of the United States; and 

11 ‘‘(2) submit to the Users Board a courtesy copy 

12 of all completed feasibility reports relating to a com13 mercial navigation feature or component of the in14 land waterways or inland harbors of the United 

15 States. 

16 ‘‘(d) CAPITAL INVESTMENT PROGRAM.— 

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

18 the date of enactment of this subsection, the Sec19 retary, in coordination with the Users Board, shall 

20 develop and submit to Congress a report describing 

21 a 20-year program for making capital investments 

22 on the inland and intracoastal waterways based on 

23 the application of objective, national project selection 

24 prioritization criteria. 


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1 ‘‘(2) CONSIDERATION.—In developing the pro2 gram under paragraph (1), the Secretary shall take 

3 into consideration the 20-year capital investment 

4 strategy contained in the Inland Marine Transpor5 tation System (IMTS) Capital Projects Business 

6 Model, Final Report published on April 13, 2010, as 

7 approved by the Users Board. 

8 ‘‘(3) CRITERIA.—In developing the plan and 

9 prioritization criteria under paragraph (1), the Sec10 retary shall ensure, to the maximum extent prac11 ticable, that investments made under the 20-year 

12 program described in paragraph (1)— 

13 ‘‘(A) are made in all geographical areas of 

14 the inland waterways system; and 

15 ‘‘(B) ensure efficient funding of inland wa16 terways projects. 

17 ‘‘(4) STRATEGIC REVIEW AND UPDATE.—Not 

18 later than 5 years after the date of enactment of 

19 this subsection, and not less frequently than once 

20 every 5 years thereafter, the Secretary, in coordina21 tion with the Users Board, shall— 

22 ‘‘(A) submit to Congress a strategic review 

23 of the 20-year program in effect under this sub24 section, which shall identify and explain any 

25 changes to the project-specific recommendations 


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1 contained in the previous 20-year program (in2 cluding any changes to the prioritization cri3 teria used to develop the updated recommenda4 tions); and 

5 ‘‘(B) make revisions to the program, as ap6 propriate. 

7 ‘‘(e) PROJECT MANAGEMENT PLANS.—The chair8 person of the Users Board and the project development 

9 team member appointed by the chairperson under sub10 section (b)(3) may sign the project management plan for 

11 the qualifying project or the study or design of a commer12 cial navigation feature or component of the inland water13 ways and inland harbors of the United States. 

14 ‘‘(f) ADMINISTRATION.—The Users Board shall be 

15 subject to the Federal Advisory Committee Act, other than 

16 section 14, and, with the consent of the appropriate agen17 cy head, the Users Board may use the facilities and serv18 ices of any Federal agency. For the purposes of complying 

19 with such Act, the members of the Users Board shall not 

20 be considered special Government employees (as defined 

21 in section 202 of title 18, United States Code). Non-Fed22 eral members of the Users Board while engaged in the 

23 performance of their duties away from their homes or reg24 ular places of business, may be allowed travel expenses, 


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1 including per diem in lieu of subsistence, as authorized 

2 by section 5703 of title 5, United States Code.’’. 

3 SEC. 213. EFFICIENCY OF REVENUE COLLECTION. 

4 Not later than 2 years after the date of enactment 

5 of this Act, the Comptroller General of the United States 

6 shall prepare a report on the efficiency of collecting the 

7 fuel tax for the Inland Waterways Trust Fund, which shall 

8 include— 

9 (1) an evaluation of whether current methods of 

10 collection of the fuel tax result in full compliance 

11 with requirements of the law; 

12 (2) whether alternative methods of collection 

13 would result in increased revenues into the Inland 

14 Waterways Trust Fund; and 

15 (3) an evaluation of alternative collection op16 tions. 

17 SEC. 214. INLAND WATERWAYS REVENUE STUDIES. 

18 (a) INLAND WATERWAYS CONSTRUCTION BONDS

19 STUDY.— 

20 (1) STUDY.—The Secretary, in coordination 

21 with the Secretary of the Treasury, shall conduct a 

22 study on the feasibility of authorizing the issuance 

23 of federally tax-exempt bonds secured against the 

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1 lished by section 9506(a) of the Internal Revenue 

2 Code of 1986. 

3 (2) CONTENTS.—In carrying out the study, the 

4 Secretary and the Secretary of the Treasury shall 

5 examine the implications of and the potential reve6 nues that could be generated by the issuance of such 

7 bonds. 

8 (3) CONSULTATION.—In carrying out the study, 

9 the Secretary and the Secretary of the Treasury, at 

10 a minimum, shall consult with— 

11 (A) representatives of the Inland Water12 way Users Board established by section 302 of 

13 the Water Resources Development Act of 1986 

14 (33 U.S.C. 2251); 

15 (B) representatives of the commodities and 

16 bulk cargos that are currently shipped for com17 mercial purposes on the segments of the inland 

18 and intracoastal waterways listed in section 206 

19 of the Inland Waterways Revenue Act of 1978 

20 (33 U.S.C. 1804); 

21 (C) representatives of other users of locks 

22 and dams on the inland and intracoastal water23 ways, including persons owning, operating, 

24 using, or otherwise benefitting from— 

25 (i) hydropower generation facilities; 


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1 (ii) electric utilities that rely on the 

2 waterways for cooling of existing electricity 

3 generation facilities; 

4 (iii) municipal and industrial water 

5 supply; 

6 (iv) recreation; 

7 (v) irrigation water supply; or 

8 (vi) flood damage reduction; 

9 (D) other stakeholders associated with the 

10 inland and intracoastal waterways, as identified 

11 by the Secretary or the Secretary of the Treas12 ury; and 

13 (E) the heads of other appropriate Federal 

14 agencies, including the Secretary of Transpor15 tation, the Secretary of the Interior, and the 

16 Administrator of the Environmental Protection 

17 Agency. 

18 (4) REPORT TO CONGRESS.—Not later than 1 

19 year after the date of enactment of this Act, the 

20 Secretary and the Secretary of the Treasury shall 

21 submit a joint report on the results of the study 

22 to— 

23 (A) the Committee on Transportation and 

24 Infrastructure, the Committee on Ways and 


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1 Means, and the Committee on the Budget of 

2 the House of Representatives; and 

3 (B) the Committee on Environment and 

4 Public Works, the Committee on Finance, and 

5 the Committee on the Budget of the Senate. 

6 (b) POTENTIAL FEES FOR BENEFICIARIES AND

7 USERS OF INLAND AND INTRACOASTAL WATERWAYS IN8 FRASTRUCTURE.— 

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

10 a study and submit to Congress a report on poten11 tial user fees and revenues from other sources that 

12 could be collected to generate additional revenues for 

13 the Inland Waterways Trust Fund established by 

14 section 9506(a) of the Internal Revenue Code of 

15 1986. 

16 (2) SCOPE OF STUDY.— 

17 (A) IN GENERAL.—In carrying out the 

18 study, the Secretary shall evaluate an array of 

19 potential user fees and other revenues options 

20 that, when combined with funds generated by 

21 section 4042 of the Internal Revenue Code of 

22 1986, are sufficient to support one-half of an23 nual construction expenditure levels of 

24 $380,000,000 for the authorized purposes of 

25 the Inland Waterways Trust Fund. 


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1 (B) POTENTIAL REVENUE OPTIONS FOR

2 STUDY.—In carrying out the study, the Sec3 retary, at a minimum, shall evaluate potential 

4 user fees and other revenue options identified 

5 in— 

6 (i) the report of the Congressional 

7 Budget Office entitled ‘‘Paying for High8 ways, Airways, and Waterways: How Can 

9 Users Be Charged?’’, dated May 1, 1992; 

10 (ii) the draft bill submitted by the As11 sistant Secretary of the Army (Civil 

12 Works) to Congress entitled the ‘‘Lock 

13 User Fee Act of 2008’’, dated April 4, 

14 2008; 

15 (iii) the Inland Marine Transportation 

16 System (IMTS) Capital Projects Business 

17 Model, Final Report, published on April 

18 12, 2010, as approved by the Inland Wa19 terways Users Board established by section 

20 302 of the Water Resources Development 

21 Act of 1986 (33 U.S.C. 2251); and 

22 (iv) the draft bill submitted by the 

23 President to Congress entitled the ‘‘Inland 

24 Waterways Capital Investment Act of 

25 2011’’, dated September 2011. 


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1 (3) CONDUCT OF STUDY.—In carrying out the 

2 study, the Secretary shall— 

3 (A) take into consideration whether the po4 tential user fees and revenues from other 

5 sources— 

6 (i) are equitably associated with the 

7 construction, operation, and maintenance 

8 of inland and intracoastal waterway infra9 structure, including locks, dams, and navi10 gation channels; and 

11 (ii) can be efficiently collected; 

12 (B) consult with, at a minimum— 

13 (i) representatives of the Inland Wa14 terways Users Board; and 

15 (ii) representatives of other non16 navigation beneficiaries of inland and in17 tracoastal waterway infrastructure, includ18 ing persons benefitting from— 

19 (I) municipal water supply; 

20 (II) hydropower; 

21 (III) recreation; 

22 (IV) industrial water supply; 

23 (V) flood damage reduction; 

24 (VI) agricultural water supply; 

25 (VII) environmental restoration; 


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1 (VIII) local and regional eco2 nomic development; or 

3 (IX) local real estate interests; 

4 and 

5 (iii) representatives of other interests, 

6 as identified by the Secretary; and 

7 (C) provide the opportunity for public 

8 hearings in each of the geographic regions that 

9 contain segments of the inland and intracoastal 

10 waterways listed in section 206 of the Inland 

11 Waterways Revenue Act of 1978 (33 U.S.C. 

12 1804). 

13 (4) REPORT TO CONGRESS.—Not later than 1 

14 year after the date of enactment of this Act, the 

15 Secretary shall submit a report on the results of the 

16 study to— 

17 (A) the Committee on Transportation and 

18 Infrastructure, the Committee on Ways and 

19 Means, and the Committee on the Budget of 

20 the House of Representatives; and 

21 (B) the Committee on Environment and 

22 Public Works, the Committee on Finance, and 

23 the Committee on the Budget of the Senate. 


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1 SEC. 215. INLAND WATERWAYS STAKEHOLDER ROUND2 TABLE. 

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

4 inland waterways stakeholder roundtable to provide for a 

5 review and evaluation of alternative approaches— 

6 (1) to address the financial needs of the Inland 

7 Waterways Trust Fund; and 

8 (2) to support the water infrastructure needs of 

9 the Inland Waterways System. 

10 (b) SELECTION OF PARTICIPANTS.— 

11 (1) IN GENERAL.—Not later than 45 days after 

12 the date on which the Secretary submits to Congress 

13 the report required by section 214(b), the Secretary 

14 shall select individuals to be invited to participate in 

15 the stakeholder roundtable. 

16 (2) COMPOSITION.—The individuals selected 

17 under paragraph (1) shall include— 

18 (A) representatives of affected shippers 

19 and suppliers; 

20 (B) representatives of State and Federal 

21 water managers; and 

22 (C) other interested persons with direct 

23 knowledge of the Inland Waterways System. 

24 (c) FRAMEWORK AND AGENDA.—The Secretary shall 

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1 section (b) to develop the framework and agenda for the 

2 stakeholder roundtable. 

3 (d) CONDUCT OF STAKEHOLDER ROUNDTABLE.— 

4 (1) IN GENERAL.—Not later than 120 days 

5 after the date on which the Secretary submits to 

6 Congress the report required by section 214(b), the 

7 Secretary shall conduct the stakeholder roundtable. 

8 (2) ISSUES TO BE DISCUSSED.—The stake9 holder roundtable shall provide for the review and 

10 evaluation described in subsection (a) and shall in11 clude the following: 

12 (A) An evaluation of alternatives that have 

13 been developed to address funding options for 

14 the Inland Waterways System. 

15 (B) An evaluation of the funding status of 

16 the Inland Waterways Trust Fund. 

17 (C) Prioritization of the ongoing and pro18 jected water infrastructure needs of the Inland 

19 Waterways System. 

20 (D) Identification of a process forward for 

21 meeting such needs, with timeline for address22 ing the funding challenges for the inland water23 ways trust system. 

24 (e) REPORT TO CONGRESS.—Not later than 180 days 

25 after the date on which the Secretary submits to Congress 


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1 the report required by section 214(b), the Secretary shall 

2 submit to Congress a report that contains— 

3 (1) a summary the stakeholder roundtable, in4 cluding areas of concurrence on funding approaches 

5 and areas or disagreement in meeting funding needs; 

6 and 

7 (2) recommendations developed by the Sec8 retary for logical next steps to address the issues 

9 discussed at the stakeholder roundtable. 

10 SEC. 216. PRESERVING THE INLAND WATERWAY TRUST 

11 FUND. 

12 (a) OLMSTED PROJECT REFORM.— 

13 (1) IN GENERAL.—Notwithstanding section 

14 102(a) of the Water Resources Development Act of 

15 1986 (33 U.S.C. 2212(a)), for each fiscal year be16 ginning after the date of enactment of this Act, 25 

17 percent of the cost of construction for the Olmsted 

18 Project shall be paid from amounts appropriated 

19 from the Inland Waterways Trust Fund. 

20 (2) DEFINITION.—In this subsection the term 

21 ‘‘Olmsted Project’’ means the project for navigation, 

22 Lower Ohio River, Locks 52 and 53, Illinois and 

23 Kentucky, authorized by section 3(a)(6) of the 

24 Water Resources Development Act of 1988 (102 

25 Stat. 4013). 


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

2 Congress that the appropriation for the Olmsted 

3 project should be not less than $150,000,000 for 

4 each fiscal year until construction of the project is 

5 completed. 

6 (4) REPORT.—Not later than 1 year after the 

7 date of enactment of this Act, the Secretary shall 

8 submit a report to the Committee on Transportation 

9 and Infrastructure of the House of Representatives 

10 and the Committee on Environment and Public 

11 Works of the Senate regarding the lessons learned 

12 from the experience of planning and constructing the 

13 Olmsted Project and how such lessons might apply 

14 to future inland waterway studies and projects. 

15 (b) ANNUAL REPORT ON PROGRESS AND COSTS.— 

16 For any inland waterways project that the Secretary car17 ries out that has an estimated total cost of $500,000,000 

18 or more, the Secretary shall submit to the congressional 

19 committees referred to in subsection (a)(4) an annual fi20 nancial plan for the project. The plan shall be based on 

21 detailed annual estimates of the cost to complete the re22 maining elements of the project and on reasonable as23 sumptions, as determined by the Secretary, of any future 

24 increases of the cost to complete the project. 


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1 SEC. 217. PUBLIC COMMENT ON LOCK OPERATIONS. 

2 At least 90 days before carrying out a proposed modi3 fication to the operation of a lock at a project for naviga4 tion on the inland waterways, the Secretary shall— 

5 (1) provide notice of the proposed modification 

6 in the Federal Register; and 

7 (2) accept public comments on the proposed 

8 modification. 

9 SEC. 218. ASSESSMENT OF OPERATION AND MAINTENANCE 

10 NEEDS OF THE ATLANTIC INTRACOASTAL 

11 WATERWAY. 

12 (a) IN GENERAL.—Not later than 90 days after the 

13 date of enactment of this Act, the Secretary shall assess 

14 the operation and maintenance needs of the Atlantic In15 tracoastal Waterway. 

16 (b) TYPES OF ACTIVITIES.—In carrying out sub17 section (a), the Secretary shall assess the operation and 

18 maintenance needs of the Atlantic Intracoastal Waterway 

19 as used for the following purposes: 

20 (1) Commercial navigation. 

21 (2) Commercial fishing. 

22 (3) Subsistence, including utilization by Indian 

23 tribes (as such term is defined by section 4 of the 

24 Indian Self-Determination and Education Assistance 

25 Act (25 U.S.C. 450b)) for subsistence and ceremo26 nial purposes. 


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1 (4) Use as ingress and egress to harbors of ref2 uge. 

3 (5) Transportation of persons. 

4 (6) Purposes relating to domestic energy pro5 duction, including fabrication, servicing, and supply 

6 of domestic offshore energy production facilities. 

7 (7) Activities of the Secretary of the depart8 ment in which the Coast Guard is operating. 

9 (8) Public health and safety related equipment 

10 for responding to coastal and inland emergencies. 

11 (9) Recreation purposes. 

12 (10) Any other authorized purpose. 

13 (c) REPORT TO CONGRESS.—For fiscal year 2015, 

14 and biennially thereafter, in conjunction with the Presi15 dent’s annual budget submission to Congress under sec16 tion 1105(a) of title 31, United States Code, the Secretary 

17 shall submit to the Committee on Transportation and In18 frastructure of the House of Representatives and the Com19 mittee on Environment and Public Works of the Senate 

20 a report that, with respect to the Atlantic Intracoastal 

21 Waterway— 

22 (1) identifies the operation and maintenance 

23 costs required to achieve the authorized length, 

24 width, and depth; 


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1 (2) identifies the amount of funding requested 

2 in the President’s budget for operation and mainte3 nance costs; and 

4 (3) identifies the unmet operation and mainte5 nance needs of the Atlantic Intracoastal Waterway. 

6 SEC. 219. UPPER MISSISSIPPI RIVER PROTECTION. 

7 (a) ECONOMIC IMPACT STUDY.—Not later than 180 

8 days after the date of enactment of this Act, the Secretary 

9 shall conduct a study and submit to Congress a report 

10 on the impact of closing the Upper St. Anthony Falls Lock 

11 and Dam on the economy and the environment, including 

12 an assessment of the annual average tonnage moving 

13 through the Upper St. Anthony Falls Lock and Dam dur14 ing the preceding 5 years. 

15 (b) MANDATORY CLOSURE.—Not later than 1 year 

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

17 close the Upper St. Anthony Falls Lock and Dam if the 

18 Secretary determines pursuant to the study conducted 

19 under subsection (a) that the annual average tonnage 

20 moving through the Upper St. Anthony Falls Lock and 

21 Dam during the preceding 5 years was not more than 

22 1,500,000 tons. 

23 (c) EMERGENCY OPERATIONS.—Nothing in this sec24 tion may be construed to prevent the Secretary from carVerDate Mar 15 2010 00:50 Sep 12, 2013 Jkt 029200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\H3080.IH H3080

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1 rying out emergency lock operations necessary to mitigate 

2 flood damage. 

3 (d) UPPER ST. ANTHONY FALLS LOCK AND DAM

4 DEFINED.—In this section, the term ‘‘Upper St. Anthony 

5 Falls Lock and Dam’’ means the lock and dam located 

6 on Mississippi River Mile 853.9 in Minneapolis, Min7 nesota. 

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

9 DEVELOPMENT. 

10 Section 1117 of the Water Resources Development 

11 Act of 1986 (100 Stat. 4236) is amended to read as fol12 lows: 

13 ‘‘SEC. 1117. W.D. MAYO LOCK AND DAM. 

14 ‘‘(a) IN GENERAL.—The Cherokee Nation of Okla15 homa may— 

16 ‘‘(1) design and construct one or more hydro17 electric generating facilities at the W.D. Mayo Lock 

18 and Dam on the Arkansas River, Oklahoma; and 

19 ‘‘(2) market the electricity generated from any 

20 such facility. 

21 ‘‘(b) PRECONSTRUCTION REQUIREMENTS.— 

22 ‘‘(1) PERMITS.—Before the date on which con23 struction of a hydroelectric generating facility begins 

24 under subsection (a), the Cherokee Nation shall ob25 tain any permit required under Federal or State law, 


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1 except that the Cherokee Nation shall be exempt 

2 from licensing requirements that may otherwise 

3 apply to construction, operation, or maintenance of 

4 the facility under the Federal Power Act (16 U.S.C. 

5 791a et seq.). 

6 ‘‘(2) REVIEW OF PLANS AND SPECIFICA7 TIONS.—The Cherokee Nation may initiate the de8 sign or construction of a hydroelectric generating fa9 cility under subsection (a) only after the Secretary 

10 reviews and approves the plans and specifications for 

11 the design and construction. 

12 ‘‘(c) PAYMENT OF DESIGN AND CONSTRUCTION

13 COSTS.— 

14 ‘‘(1) IN GENERAL.—The Secretary may accept 

15 funds offered by the Cherokee Nation and use such 

16 funds to carry out the design and construction of a 

17 hydroelectric generating facility under subsection 

18 (a). 

19 ‘‘(2) ALLOCATION OF COSTS.—The Cherokee 

20 Nation shall— 

21 ‘‘(A) bear all costs associated with the de22 sign and construction of a hydroelectric gener23 ating facility under subsection (a); and 

24 ‘‘(B) provide any funds necessary for the 

25 design and construction to the Secretary prior 


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1 to the Secretary initiating any activities related 

2 to the design and construction. 

3 ‘‘(d) ASSUMPTION OF LIABILITY.—The Cherokee Na4 tion shall— 

5 ‘‘(1) hold all title to a hydroelectric generating 

6 facility constructed under subsection (a) and may, 

7 subject to the approval of the Secretary, assign such 

8 title to a third party; 

9 ‘‘(2) be solely responsible for— 

10 ‘‘(A) the operation, maintenance, repair, 

11 replacement, and rehabilitation of the facility; 

12 and 

13 ‘‘(B) the marketing of the electricity gen14 erated by the facility; and 

15 ‘‘(3) release and indemnify the United States 

16 from any claims, causes of action, or liabilities that 

17 may arise out of any activity undertaken to carry 

18 out this section. 

19 ‘‘(e) ASSISTANCE AVAILABLE.—The Secretary may 

20 provide technical and construction management assistance 

21 requested by the Cherokee Nation relating to the design 

22 and construction of a hydroelectric generating facility 

23 under subsection (a). 

24 ‘‘(f) THIRD PARTY AGREEMENTS.—The Cherokee 

25 Nation may enter into agreements with the Secretary or 


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1 a third party that the Cherokee Nation or the Secretary 

2 determines are necessary to carry out this section.’’. 

3 TITLE III—DEAUTHORIZATIONS 

4 AND BACKLOG PREVENTION 

5 SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS. 

6 (a) PURPOSES.—The purposes of this section are— 

7 (1) to identify $12,000,000,000 in water re8 sources development projects authorized by Congress 

9 that are no longer viable for construction due to— 

10 (A) a lack of local support; 

11 (B) a lack of available Federal or non-Fed12 eral resources; or 

13 (C) an authorizing purpose that is no 

14 longer relevant or feasible; 

15 (2) to create an expedited and definitive process 

16 to deauthorize water resources development projects 

17 that are no longer viable for construction; and 

18 (3) to allow the continued authorization of 

19 water resources development projects that are viable 

20 for construction. 

21 (b) DEAUTHORIZATION OF PROJECTS AUTHORIZED

22 BEFORE WRDA 2007.— 

23 (1) IN GENERAL.—Not later than 90 days after 

24 the date of enactment of this Act, the Secretary 

25 shall submit to the Committee on Transportation 


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1 and Infrastructure of the House of Representatives 

2 and the Committee on Environment and Public 

3 Works of the Senate, and shall publish in the Fed4 eral Register, a report that lists each authorized 

5 water resources development project, or separable 

6 element of a project, authorized for construction be7 fore November 8, 2007— 

8 (A) for which— 

9 (i) construction was not initiated be10 fore the date of enactment of this Act; or 

11 (ii) construction was initiated before 

12 the date of enactment of this Act, but for 

13 which no funds, Federal or non-Federal, 

14 were obligated for construction of the 

15 project or separable element during the 5- 

16 year period ending on July 1, 2013; and 

17 (B) that is identified in accordance with 

18 paragraph (3). 

19 (2) SPECIAL RULE FOR ONGOING CONSTRUC20 TION.—A project or separable element shall not be 

21 listed pursuant to paragraph (1)(A)(ii) if the project 

22 or separable element is being constructed as of the 

23 date of enactment of this Act. 

24 (3) IDENTIFICATION OF PROJECTS.— 


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1 (A) IN GENERAL.—The Secretary shall 

2 identify in the report submitted under para3 graph (1) projects and separable elements 

4 that— 

5 (i) meet the requirements described in 

6 that paragraph; and 

7 (ii) in the aggregate have an esti8 mated Federal cost to complete (as of the 

9 date of the report) that is at least 

10 $12,000,000,000. 

11 (B) SEQUENCING OF PROJECTS.—In iden12 tifying projects and separable elements under 

13 subparagraph (A), the Secretary shall identify 

14 projects and separable elements according to 

15 the order in which the projects and separable 

16 elements were authorized, beginning with the 

17 earliest authorized projects and separable ele18 ments and ending upon the aggregate estimated 

19 Federal cost to complete for the projects and 

20 separable elements identified satisfying the re21 quirement under subparagraph (A)(ii). 

22 (4) CONGRESSIONAL REVIEW PERIOD; DE23 AUTHORIZATION.—After the expiration of the 180- 

24 day period beginning on the date of the submission 

25 of the report under this subsection, any project or 


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1 separable element identified in that report is hereby 

2 deauthorized, unless during such period the non3 Federal interest for the project or separable element 

4 provides, under Federal law, all funds necessary to 

5 complete the project or separable element. 

6 (c) TREATMENT OF PROJECT MODIFICATIONS.—For 

7 purposes of this section, if an authorized water resources 

8 development project or separable element has been modi9 fied in an Act of Congress, the date of the authorization 

10 of the project or separable element shall be deemed to be 

11 the date of the most recent such modification. 

12 SEC. 302. REVIEW OF CORPS OF ENGINEERS ASSETS. 

13 (a) ASSESSMENT AND INVENTORY.—Not later than 

14 1 year after the date of enactment of this Act, the Sec15 retary shall conduct an assessment of all properties under 

16 the control of the Corps of Engineers and develop an in17 ventory of the properties that are not needed for the mis18 sions of the Corps of Engineers. 

19 (b) CRITERIA.—In conducting the assessment and 

20 developing the inventory under subsection (a), the Sec21 retary shall use the following criteria: 

22 (1) The extent to which the property aligns 

23 with the current missions of the Corps of Engineers. 

24 (2) The economic impact of the property on ex25 isting communities in the vicinity of the property. 


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1 (3) The extent to which the utilization rate for 

2 the property is being maximized and is consistent 

3 with nongovernmental industry standards for the 

4 given function or operation. 

5 (4) The extent to which the reduction or elimi6 nation of the property could reduce operation and 

7 maintenance costs of the Corps of Engineers. 

8 (5) The extent to which the reduction or elimi9 nation of the property could reduce energy consump10 tion by the Corps of Engineers. 

11 (c) NOTIFICATION.—As soon as practicable following 

12 completion of the inventory of properties under subsection 

13 (a), the Secretary shall provide the inventory to the Ad14 ministrator of General Services. 

15 (d) REPORT TO CONGRESS.—Not later than 30 days 

16 after the date of the notification under subsection (c), the 

17 Secretary shall submit to the Committee on Transpor18 tation and Infrastructure of the House of Representatives 

19 and the Committee on Environment and Public Works of 

20 the Senate a report containing the findings of the Sec21 retary with respect to the assessment and inventory re22 quired under subsection (a). 

23 SEC. 303. BACKLOG PREVENTION. 

24 (a) PROJECT DEAUTHORIZATION.— 


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1 (1) IN GENERAL.—A water resources develop2 ment project, or separable element of such a project, 

3 authorized for construction by this Act shall not be 

4 authorized after the last day of the 7-year period be5 ginning on the date of enactment of this Act unless 

6 during that period funds have been obligated for 

7 construction of such project. 

8 (2) IDENTIFICATION OF PROJECTS.—Not later 

9 than 60 days after the expiration of the 7-year pe10 riod referred to in paragraph (1), the Secretary shall 

11 submit to the Committee on Transportation and In12 frastructure of the House of Representatives and the 

13 Committee on Environment and Public Works of the 

14 Senate a report that identifies the projects deauthor15 ized under paragraph (1). 

16 (b) REPORT TO CONGRESS.—Not later than 60 days 

17 after the expiration of the 12-year period beginning on the 

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

19 to the Committee on Transportation and Infrastructure 

20 of the House of Representatives and the Committee on 

21 Environment and Public Works of the Senate a report 

22 that contains— 

23 (1) a list of any water resources development 

24 projects authorized by this Act for which construc25 tion has not been completed during that period; 


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1 (2) a description of the reasons the projects 

2 were not completed; and 

3 (3) a schedule for the completion of the projects 

4 based on expected levels of appropriations. 

5 SEC. 304. DEAUTHORIZATIONS. 

6 (a) IN GENERAL.—The following projects are not au7 thorized after the date of enactment of this Act: 

8 (1) WALNUT CREEK (PACHECO CREEK), CALI9 FORNIA.—The portions of the project for flood pro10 tection on Walnut Creek, California, constructed 

11 under section 203 of the Flood Control Act of 1960 

12 (Public Law 86–645; 74 Stat. 488), consisting of 

13 the Walnut Creek project from Sta 0+00 to Sta 

14 142+00 and the upstream extent of the Walnut 

15 Creek project along Pacheco Creek from Sta 0+00 

16 to Sta 73+50. 

17 (2) WALNUT CREEK (SAN RAMON CREEK), CALI18 FORNIA.—The portion of the project for flood pro19 tection on Walnut Creek, California, constructed 

20 under section 203 of the Flood Control Act of 1960 

21 (Public Law 86–645; 74 Stat. 488), consisting of 

22 the culvert constructed by the Department of the 

23 Army on San Ramon Creek from Sta 4+27 to Sta 

24 14+27. 


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1 (3) HILLSBOROUGH (HILLSBORO) BAY AND

2 RIVER, FLORIDA.—Those portions of the project for 

3 navigation, Hillsborough (Hillsboro) Bay and River, 

4 Florida, authorized by the Act of March 3, 1899 (30 

5 Stat. 1126; chapter 425), that extend on either side 

6 of the Hillsborough River from the Kennedy Boule7 vard bridge to the mouth of the river that cause the 

8 existing channel to exceed 100 feet in width. 

9 (4) KAHULUI WASTEWATER RECLAMATION FA10 CILITY, MAUI, HAWAII.—The project carried out pur11 suant to the authority provided by section 14 of the 

12 Flood Control Act of 1946 (33 U.S.C. 701r) to pro13 vide shoreline protection for the Kahului Wastewater 

14 Reclamation Facility, located on the Island of Maui 

15 in the State of Hawaii. 

16 (5) CHICAGO HARBOR, ILLINOIS.—The portion 

17 of the project for navigation, Chicago Harbor, Illi18 nois, authorized by the first section of the Act of 

19 March 3, 1899 (30 Stat. 1129; chapter 425), and 

20 the first section of the Act of March 2, 1919 (40 

21 Stat. 1283; chapter 95), and described as follows: 

22 (A) Beginning at the southwest corner of 

23 Metropolitan Sanitary District of Greater Chi24 cago sluice gate that abuts the north wall of the 

25 Chicago River Lock. 


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1 (B) Thence running north for approxi2 mately 290 feet. 

3 (C) Thence running east approximately 

4 1,000 feet. 

5 (D) Thence running south approximately 

6 290 feet. 

7 (E) Thence running west approximately 

8 1,000 feet to the point of origin. 

9 (6) LUCAS-BERG PIT, ILLINOIS WATERWAY AND

10 GRANT CALUMET RIVER, ILLINOIS.—The portion of 

11 the project for navigation, Illinois Waterway and 

12 Grand Calumet River, Illinois, authorized by the 

13 first section of the Act entitled ‘‘An Act authorizing 

14 the construction of certain public works on rivers 

15 and harbors for flood control, and for other pur16 poses’’, approved July 24, 1946 (60 Stat. 636; chap17 ter 596), that consists of the Lucas-Berg Pit con18 fined disposal facility, Illinois. 

19 (7) ROCKLAND HARBOR, MAINE.—The portion 

20 of the project for navigation, Rockland Harbor, 

21 Maine, authorized by the Act entitled ‘‘An Act mak22 ing appropriations for the construction, repair, and 

23 preservation of certain public works on rivers and 

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

25 1896 (29 Stat. 202), and described as follows: 


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1 (A) Beginning at the point in the 14-foot 

2 turning basin limit with coordinates 

3 N162,927.61, E826,210.16. 

4 (B) Thence running north 45 degrees 45 

5 minutes 15.6 seconds east 287.45 feet to a 

6 point N163,128.18, E826,416.08. 

7 (C) Thence running south 13 degrees 17 

8 minutes 53.3 seconds east 129.11 feet to a 

9 point N163,002.53, E826,445.77. 

10 (D) Thence running south 45 degrees 45 

11 minutes 18.4 seconds west 221.05 feet to a 

12 point N162,848.30, E826,287.42. 

13 (E) Thence running north 44 degrees 14 

14 minutes 59.5 seconds west 110.73 feet to the 

15 point of origin. 

16 (8) CORSICA RIVER, QUEEN ANNE’S COUNTY, 

17 MARYLAND.—The portion of the project for improv18 ing the Corsica River, Maryland, authorized by the 

19 first section of the Act entitled ‘‘An Act making ap20 propriations for the construction, repair, and preser21 vation of certain public works on rivers and harbors, 

22 and for other purposes’’, approved July 25, 1912 

23 (37 Stat. 205), and described as follows: Approxi24 mately 2,000 feet of the eastern section of the 

25 project channel extending from— 


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1 (A) centerline station 0+000 (coordinates 

2 N506350.60, E1575013.60); to 

3 (B) station 2+000 (coordinates 

4 N508012.39, E1574720.18). 

5 (9) GLOUCESTER HARBOR AND ANNISQUAM

6 RIVER, MASSACHUSETTS.—The portions of the 

7 project for navigation, Gloucester Harbor and 

8 Annisquam River, Massachusetts, authorized by sec9 tion 2 of the Act entitled ‘‘An Act authorizing the 

10 construction, repair, and preservation of certain pub11 lic works on rivers and harbors, and for other pur12 poses’’, approved of March 2, 1945 (59 Stat. 12; 

13 chapter 19), consisting of an 8-foot anchorage area 

14 in Lobster Cove, and described as follows: 

15 (A) Beginning at a bend along the easterly 

16 limit of the existing project, N3063230.31, 

17 E878283.77, thence running northwesterly 

18 about 339 feet to a point, N3063478.86, 

19 E878053.83, thence running northwesterly 

20 about 281 feet to a bend on the easterly limit 

21 of the existing project, N3063731.88, 

22 E877932.54, thence running southeasterly 

23 about 612 feet along the easterly limit of the 

24 existing project to the point of origin. 


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1 (B) Beginning at a bend along the easterly 

2 limit of the existing project, N3064065.80, 

3 E878031.45, thence running northwesterly 

4 about 621 feet to a point, N3064687.05, 

5 E878031.13, thence running southwesterly 

6 about 122 feet to a point, N3064686.98, 

7 E877908.85, thence running southeasterly 

8 about 624 feet to a point, N3064063.31, 

9 E877909.17, thence running southwesterly 

10 about 512 feet to a point, N3063684.73, 

11 E877564.56, thence running about 741 feet to 

12 a point along the westerly limit of the existing 

13 project, N3063273.98, E876947.77, thence 

14 running northeasterly about 533 feet to a bend 

15 along the westerly limit of the existing project, 

16 N3063585.62, E877380.63, thence running 

17 about 147 feet northeasterly to a bend along 

18 the westerly limit of the project, N3063671.29, 

19 E877499.63, thence running northeasterly 

20 about 233 feet to a bend along the westerly 

21 limit of the existing project, N3063840.60, 

22 E877660.29, thence running about 339 feet 

23 northeasterly to a bend along the westerly limit 

24 of the existing project, N3064120.34, 

25 E877852.55, thence running about 573 feet to 


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1 a bend along the westerly limit of the existing 

2 project, N3064692.98, E877865.04, thence 

3 running about 113 feet to a bend along the 

4 northerly limit of the existing project, 

5 N3064739.51, E877968.31, thence running 

6 145 feet southeasterly to a bend along the 

7 northerly limit of the existing project, 

8 N3064711.19, E878110.69, thence running 

9 about 650 feet along the easterly limit of the 

10 existing project to the point of origin. 

11 (10) IPSWICH RIVER, MASSACHUSETTS.—The 

12 portion of the project for navigation, Ipswich River, 

13 Massachusetts, authorized by the first section of the 

14 Act of August 5, 1886 (24 Stat. 317, chapter 929) 

15 consisting of a 4-foot channel located at the entrance 

16 to the inner harbor at Ipswich Harbor, and de17 scribed as follows: 

18 (A) Lying northwesterly of a line com19 mencing at N3,074,938.09, E837,154.87. 

20 (B) Thence running easterly approximately 

21 60 feet to a point with coordinates 

22 N3,074,972.62, E837,203.93. 

23 (11) EAST FORK OF TRINITY RIVER, TEXAS.— 

24 The portion of the project for flood protection on the 

25 East Fork of the Trinity River, Texas, authorized by 


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1 section 203 of the Flood Control Act of 1962 (76 

2 Stat. 1185), that consists of the 2 levees identified 

3 as Kaufman County Levees K5E and K5W. 

4 (12) BURNHAM CANAL, WISCONSIN.—The por5 tion of the project for navigation, Milwaukee Harbor 

6 Project, Milwaukee, Wisconsin, known as the 

7 Burnham Canal, authorized by the first section of 

8 the Act entitled ‘‘An Act for the protection of com9 merce on Lake Michigan’’, approved March 3, 1843 

10 (5 Stat. 619; chapter 85), and described as follows: 

11 (A) Beginning at channel point #415a 

12 N381768.648, E2524554.836, a distance of 

13 about 170.58 feet. 

14 (B) Thence running south 53 degrees 43 

15 minutes 41 seconds west to channel point #417 

16 N381667.728, E2524417.311, a distance of 

17 about 35.01 feet. 

18 (C) Thence running south 34 degrees 10 

19 minutes 40 seconds west to channel point #501 

20 N381638.761, E2524397.639, a distance of 

21 about 139.25 feet. 

22 (D) Thence running south 34 degrees 10 

23 minutes 48 seconds west to channel point #503 

24 N381523.557, E2524319.406, a distance of 

25 about 235.98 feet. 


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1 (E) Thence running south 32 degrees 59 

2 minutes 13 seconds west to channel point #505 

3 N381325.615, E2524190.925, a distance of 

4 about 431.29 feet. 

5 (F) Thence running south 32 degrees 36 

6 minutes 05 seconds west to channel point #509 

7 N380962.276, E2523958.547, a distance of 

8 about 614.52 feet. 

9 (G) Thence running south 89 degrees 05 

10 minutes 00 seconds west to channel point #511 

11 N380952.445, E2523344.107, a distance of 

12 about 74.68 feet. 

13 (H) Thence running north 89 degrees 04 

14 minutes 59 seconds west to channel point #512 

15 N381027.13, E2523342.91, a distance of about 

16 533.84 feet. 

17 (I) Thence running north 89 degrees 05 

18 minutes 00 seconds east to channel point #510 

19 N381035.67, E2523876.69, a distance of about 

20 47.86 feet. 

21 (J) Thence running north 61 degrees 02 

22 minutes 07 seconds east to channel point #508 

23 N381058.84, E2523918.56, a distance of about 

24 308.55 feet. 


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1 (K) Thence running north 36 degrees 15 

2 minutes 29 seconds east to channel point #506 

3 N381307.65, E2524101.05, a distance of about 

4 199.98 feet. 

5 (L) Thence running north 32 degrees 59 

6 minutes 12 seconds east to channel point #504 

7 N381475.40, E2524209.93, a distance of about 

8 195.14 feet. 

9 (M) Thence running north 26 degrees 17 

10 minutes 22 seconds east to channel point #502 

11 N381650.36, E2524296.36, a distance of about 

12 81.82 feet. 

13 (N) Thence running north 88 degrees 51 

14 minutes 05 seconds west to channel point #419 

15 N381732.17, E2524294.72, a distance of about 

16 262.65 feet. 

17 (O) Thence running north 82 degrees 01 

18 minutes 02 seconds east to channel point 

19 #415a, the point of origin. 

20 (13) MANITOWOC HARBOR, WISCONSIN.—The 

21 portion of the project for navigation, Manitowoc 

22 River, Manitowoc, Wisconsin, authorized by the Act 

23 of August 30, 1852 (10 Stat. 58; chapter 104), and 

24 described as follows: The triangular area bound by— 

25 (A) 44.09893383N and 087.66854912W; 


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1 (B) 44.09900535N and 087.66864372W; 

2 and 

3 (C) 44.09857884N and 087.66913123W. 

4 (b) SEWARD WATERFRONT, SEWARD, ALASKA.— 

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

6 the portion of the project for navigation, Seward 

7 Harbor, Alaska, identified as Tract H, Seward 

8 Original Townsite, Waterfront Park Replat, Plat No 

9 2012–4, Seward Recording District, shall not be 

10 subject to navigation servitude beginning on the date 

11 of enactment of this Act. 

12 (2) ENTRY BY FEDERAL GOVERNMENT.—The 

13 Federal Government may enter upon the property 

14 referred to in paragraph (1) to carry out any re15 quired operation and maintenance of the general 

16 navigation features of the project referred to in 

17 paragraph (1). 

18 (c) PORT OF HOOD RIVER, OREGON.— 

19 (1) EXTINGUISHMENT OF PORTIONS OF EXIST20 ING FLOWAGE EASEMENT.—With respect to the 

21 properties described in paragraph (2), beginning on 

22 the date of enactment of this Act, the flowage ease23 ment identified as Tract 1200E–6 on the Easement 

24 Deed recorded as Instrument No. 740320 is extinVerDate Mar 15 2010 00:50 Sep 12, 2013 Jkt 029200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\H3080.IH H3080

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1 guished above elevation 79.39 feet (NGVD 29), the 

2 ordinary high water line. 

3 (2) AFFECTED PROPERTIES.—The properties 

4 described in this paragraph, as recorded in Hood 

5 River County, Oregon, are as follows: 

6 (A) Instrument Number 2010–1235. 

7 (B) Instrument Number 2010–02366. 

8 (C) Instrument Number 2010–02367. 

9 (D) Parcel 2 of Partition Plat 2011–12P. 

10 (E) Parcel 1 of Partition Plat 2005–26P. 

11 (3) EXTINGUISHMENT OF FLOWAGE EASE12 MENT.—With respect to the properties described in 

13 paragraph (2), the flowage easement is extinguished 

14 if the elevation of the property is above the standard 

15 project flood elevation. 

16 (4) FEDERAL LIABILITIES.—The United States 

17 shall not be liable for any injury caused by the extin18 guishment of the easement under this subsection. 

19 (5) NO EFFECT ON OTHER RIGHTS.—Nothing 

20 in this subsection affects the remaining rights and 

21 interests of the Corps of Engineers for authorized 

22 project purposes. 

23 SEC. 305. LAND CONVEYANCES. 

24 (a) TULSA PORT OF CATOOSA, ROGERS COUNTY, 

25 OKLAHOMA LAND EXCHANGE.— 


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1 (1) LAND EXCHANGE.—On conveyance by the 

2 Tulsa Port of Catoosa to the United States of all 

3 right, title, and interest in and to the non-Federal 

4 land, the Secretary shall convey to the Tulsa Port of 

5 Catoosa all right, title, and interest of the United 

6 States in and to the Federal land. 

7 (2) DEFINITIONS.—In this subsection, the fol8 lowing definitions apply: 

9 (A) FEDERAL LAND.—The term ‘‘Federal 

10 land’’ means the approximately 87 acres of land 

11 situated in Rogers County, Oklahoma, con12 tained within United States Tracts 413 and 

13 427 and acquired for the McClellan-Kerr Ar14 kansas Navigation System. 

15 (B) NON-FEDERAL LAND.—The term 

16 ‘‘non-Federal land’’ means the approximately 

17 34 acres of land situated in Rogers County, 

18 Oklahoma, and owned by the Tulsa Port of 

19 Catoosa that lie immediately south and east of 

20 the Federal land. 

21 (3) SPECIFIC CONDITIONS.— 

22 (A) DEEDS.— 

23 (i) DEED TO NON-FEDERAL LAND.— 

24 The Secretary may only accept conveyance 


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1 of the non-Federal land by warranty deed, 

2 as determined acceptable by the Secretary. 

3 (ii) DEED TO FEDERAL LAND.—The 

4 Secretary shall convey the Federal land to 

5 the Tulsa Port of Catoosa by quitclaim 

6 deed and subject to any reservations, 

7 terms, and conditions the Secretary deter8 mines necessary to— 

9 (I) allow the United States to op10 erate and maintain the McClellan11 Kerr Arkansas River Navigation Sys12 tem; and 

13 (II) protect the interests of the 

14 United States. 

15 (iii) CASH PAYMENT.—If the ap16 praised fair market value of the Federal 

17 land, as determined by the Secretary, ex18 ceeds the appraised fair market value of 

19 the non-Federal land, as determined by the 

20 Secretary, the Tulsa Port of Catoosa shall 

21 make a cash payment to the United States 

22 reflecting the difference in the appraised 

23 fair market values. 

24 (b) CITY OF ASOTIN, WASHINGTON.— 


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

2 to the city of Asotin, Walla Walla County, Wash3 ington, without monetary consideration, all right, 

4 title, and interest of the United States in and to the 

5 land described in paragraph (3). 

6 (2) REVERSION.—If the land transferred under 

7 this subsection ceases at any time to be used for a 

8 public purpose, the land shall revert to the United 

9 States. 

10 (3) DESCRIPTION.—The land to be conveyed to 

11 the city of Asotin, Washington, under this sub12 section are— 

13 (A) the public ball fields designated as 

14 Tracts 1503, 1605, 1607, 1609, 1611, 1613, 

15 1615, 1620, 1623, 1624, 1625, 1626, and 

16 1631; and 

17 (B) other leased areas designated as 

18 Tracts 1506, 1522, 1523, 1524, 1525, 1526, 

19 1527, 1529, 1530, 1531, and 1563. 

20 (c) GENERALLY APPLICABLE PROVISIONS.— 

21 (1) SURVEY TO OBTAIN LEGAL DESCRIPTION.— 

22 The exact acreage and the legal description of any 

23 real property to be conveyed under this section shall 

24 be determined by a survey that is satisfactory to the 

25 Secretary. 


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1 (2) APPLICABILITY OF PROPERTY SCREENING

2 PROVISIONS.—Section 2696 of title 10, United 

3 States Code, shall not apply to any conveyance 

4 under this section. 

5 (3) ADDITIONAL TERMS AND CONDITIONS.— 

6 The Secretary may require that any conveyance 

7 under this section be subject to such additional 

8 terms and conditions as the Secretary considers nec9 essary and appropriate to protect the interests of the 

10 United States. 

11 (4) COSTS OF CONVEYANCE.—An entity to 

12 which a conveyance is made under this section shall 

13 be responsible for all reasonable and necessary costs, 

14 including real estate transaction and environmental 

15 documentation costs, associated with the conveyance. 

16 (5) LIABILITY.—An entity to which a convey17 ance is made under this section shall hold the 

18 United States harmless from any liability with re19 spect to activities carried out, on or after the date 

20 of the conveyance, on the real property conveyed. 

21 The United States shall remain responsible for any 

22 liability with respect to activities carried out, before 

23 such date, on the real property conveyed. 


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1 TITLE IV—WATER RESOURCES 

2 INFRASTRUCTURE 

3 SEC. 401. AUTHORIZATION OF FINAL FEASIBILITY STUDIES. 

4 The following final feasibility studies for water re5 sources development and conservation and other purposes 

6 are authorized to be carried out by the Secretary substan7 tially in accordance with the plan, and subject to the con8 ditions, described in the respective reports designated in 

9 this section: 

10 (1) NAVIGATION.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Federal 

Cost 

E. 

Estimated 

Non-Federal 

Cost 

1. TX, 

LA 

Sabine 

Neches 

Waterway, 

Southeast 

Texas and 

Southwest 

Louisiana 

July 22, 

2011 

$779,399,000 $359,227,000 

2. FL Jacksonville 

HarborMilepoint 

April 30, 

2012 

$27,804,000 $9,122,000 

3. GA Savannah 

Harbor 

Expansion 

Project 

Aug. 17, 

2012 

$461,000,000 $201,000,000 

4. TX Freeport 

Harbor 

Jan. 7, 

2013 

$121,132,000 $116,342,000 

5. FL Canaveral 

Harbor 

(Sect 203 

Sponsor 

Report) 

Feb. 25, 

2013 

$28,652,000 $11,588,000 


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1 (2) FLOOD RISK MANAGEMENT.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Federal 

Cost 

E. 

Estimated 

Non-Federal 

Cost 

1. KS Topeka Aug. 24, 

2009 

$15,494,000 $8,343,000 

2. CA American 

River Watershed, 

Common 

Features 

Project, 

Natomas 

Basin 

Dec. 30, 

2010 

$943,300,000 $479,500,000 

3. IA Cedar River, 

Cedar 

Rapids 

Jan. 27, 

2011 

$67,216,000 $36,194,000 

4. MN, 

ND 

Fargo-Moorhead Metro Dec. 19, 

2011 

$801,542,000 $979,806,000 

5. KY Ohio River 

Shoreline, 

Paducah 

May 16, 

2012 

$12,893,000 $6,943,000 

2 (3) HURRICANE AND STORM DAMAGE RISK RE3 DUCTION.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Initial 

Federal 

Cost and 

Estimated 

Total 

Federal 

Cost for Life 

of Project 

E. 

Estimated 

Initial 

Non-Federal 

Cost and 

Estimated 

Total 

Non-Federal 

Cost for Life 

of Project 

1. NC West Onslow 

Beach and 

New River 

Inlet (Topsail Beach) 

Sept. 28, 

2009 

Initial Cost: 

$30,557,000 

Total Cost: 

$132,372,000 

Initial Cost: 

$17,315,000 

Total Cost: 

$132,372,000 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Initial 

Federal 

Cost and 

Estimated 

Total 

Federal 

Cost for Life 

of Project 

E. 

Estimated 

Initial 

Non-Federal 

Cost and 

Estimated 

Total 

Non-Federal 

Cost for Life 

of Project 

2. NC Surf City and 

North Topsail Beach 

Dec. 30, 

2010 

Initial Cost: 

$81,484,000 

Total Cost: 

$106,182,000 

Initial Cost: 

$43,900,000 

Total Cost: 

$106,182,000 

3. CA San Clemente 

Shoreline 

April 5, 

2012 

Initial Cost: 

$7,500,000 

Total Cost: 

$43,400,000 

Initial Cost: 

$4,000,000 

Total Cost: 

$43,400,000 

1 (4) HURRICANE AND STORM DAMAGE RISK RE2 DUCTION AND ENVIRONMENTAL RESTORATION.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Federal 

Cost 

E. 

Estimated 

Non-Federal 

Cost 

1. MS Mississippi 

Coastal 

Improvement Program 

(MSCIP) 

Hancock, 

Harrison, 

and Jackson Counties 

Sept. 15, 

2009 

$815,090,000 $438,890,000 

3 (5) ENVIRONMENTAL RESTORATION.— 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Federal 

Cost 

E. 

Estimated 

Non-Federal 

Cost 

1. MD Mid-Chesapeake Bay 

Island 

Aug. 24, 

2009 

$1,221,721,000 $657,849,000 

2. FL Central and 

Southern 

Florida 

Project, 

Comprehensive 

Everglades 

Restoration Plan, 

Caloosahatchee River 

(C–43) 

West Basin 

Storage 

Project, 

Hendry 

County 

March 11, 

2010 

$297,189,000 $297,189,000 

3. LA Louisiana 

Coastal 

Area 

Dec. 30, 

2010 

$954,452,000 $513,936,000 

4. MN Marsh Lake Dec. 30, 

2011 

$6,403,000 $3,564,000 

5. FL Central and 

Southern 

Florida 

Project, 

Comprehensive 

Everglades 

Restoration Plan, 

C–111 

Spreader 

Canal 

Western 

Project 

Jan. 30, 

2012 

$88,992,000 $88,992,000 

6. FL CERP Biscayne Bay 

Coastal 

Wetland, 

Florida 

May 2, 

2012 

$96,209,000 $96,209,000 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Federal 

Cost 

E. 

Estimated 

Non-Federal 

Cost 

7. FL Central and 

Southern 

Florida 

Project, 

Broward 

County 

Water Preserve Area 

May 21, 

2012 

$433,353,500 $433,353,500 

8. LA Louisiana 

Coastal 

AreaBarataria 

Basin Barrier 

June 22, 

2012 

$283,567,000 $152,690,000 

9. NC Neuse River 

Basin 

April 23, 

2013 

$23,253,100 $12,520,900 

1 SEC. 402. PROJECT MODIFICATIONS. 

2 (a) MIAMI HARBOR, MIAMI-DADE COUNTY, FLOR3 IDA.— 

4 (1) IN GENERAL.—The project for navigation, 

5 Miami Harbor, Miami-Dade County, Florida, au6 thorized by section 1001(17) of the Water Resources 

7 Development Act of 2007 (121 Stat. 1052), is modi8 fied to authorize the Secretary to construct the 

9 project at a total cost of $152,510,000, with an esti10 mated Federal cost of $92,007,000 and a non-Fed11 eral cost of $60,503,000. 

12 (2) APPLICABILITY.—Paragraph (1) shall take 

13 effect on November 8, 2007. 


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1 (b) LOWER OHIO RIVER, ILLINOIS AND KEN2 TUCKY.—The project for navigation, Lower Ohio River, 

3 Locks and Dams 52 and 53, Illinois and Kentucky, au4 thorized by section 3(a)(6) of the Water Resources Devel5 opment Act of 1988 (102 Stat. 4013), is modified to au6 thorize the Secretary to construct the project at a total 

7 cost of $2,300,000,000, with a first Federal cost of 

8 $2,300,000,000. 

9 (c) LITTLE CALUMET RIVER BASIN (CADY MARSH

10 DITCH), INDIANA.—The project for flood control, Little 

11 Calumet River Basin (Cady Marsh Ditch), Indiana, au12 thorized by section 401(a) of the Water Resources Devel13 opment Act of 1986 (100 Stat. 4115), and modified by 

14 section 127 of Public Law 109–103 (119 Stat. 2259), is 

15 further modified to authorize the Secretary to construct 

16 the project at a total cost of $269,988,000, with an esti17 mated Federal cost of $202,800,000 and a non-Federal 

18 cost of $67,188,000. 

Æ 


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