In the Senate of the United States, 

October 31, 2013. 

Resolved, That the bill from the House of Representatives (H.R. 3080) entitled ‘‘An Act to provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for other purposes.’’, do pass with the 

following 

AMENDMENT: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Water Resources Development Act of 2013’’. 

4 (b) TABLE OF CONTENTS.—The table of contents of this 

5 Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—WATER RESOURCE PROJECTS 

Sec. 1001. Purposes. 

Sec. 1002. Project authorizations. 

Sec. 1003. Project review. 
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Sec. 1004. Future project authorizations. 

TITLE II—WATER RESOURCES POLICY REFORMS 

Sec. 2001. Purposes. 

Sec. 2002. Safety assurance review. 

Sec. 2003. Continuing authority programs. 

Sec. 2004. Continuing authority program prioritization. 

Sec. 2005. Fish and wildlife mitigation. 

Sec. 2006. Mitigation status report. 

Sec. 2007. Independent peer review. 

Sec. 2008. Operation and maintenance of navigation and hydroelectric facilities. 

Sec. 2009. Hydropower at Corps of Engineers facilities. 

Sec. 2010. Clarification of work-in-kind credit authority. 

Sec. 2011. Transfer of excess work-in-kind credit. 

Sec. 2012. Credit for in-kind contributions. 

Sec. 2013. Credit in lieu of reimbursement. 

Sec. 2014. Dam optimization. 

Sec. 2015. Water supply. 

Sec. 2016. Report on water storage pricing formulas. 

Sec. 2017. Clarification of previously authorized work. 

Sec. 2018. Consideration of Federal land in feasibility studies. 

Sec. 2019. Planning assistance to States. 

Sec. 2020. Vegetation management policy. 

Sec. 2021. Levee certifications. 

Sec. 2022. Restoration of flood and hurricane storm damage reduction projects. 

Sec. 2023. Operation and maintenance of certain projects. 

Sec. 2024. Dredging study. 

Sec. 2025. Non-Federal project implementation pilot program. 

Sec. 2026. Non-Federal implementation of feasibility studies. 

Sec. 2027. Tribal partnership program. 

Sec. 2028. Cooperative agreements with Columbia River Basin Indian tribes. 

Sec. 2029. Military munitions response actions at civil works shoreline protection 

projects. 

Sec. 2030. Beach nourishment. 

Sec. 2031. Regional sediment management. 

Sec. 2032. Study acceleration. 

Sec. 2033. Project acceleration. 

Sec. 2034. Feasibility studies. 

Sec. 2035. Accounting and administrative expenses. 

Sec. 2036. Determination of project completion. 

Sec. 2037. Project partnership agreements. 

Sec. 2038. Interagency and international support authority. 

Sec. 2039. Acceptance of contributed funds to increase lock operations. 

Sec. 2040. Emergency response to natural disasters. 

Sec. 2041. Systemwide improvement frameworks. 

Sec. 2042. Funding to process permits. 

Sec. 2043. National riverbank stabilization and erosion prevention study and 

pilot program. 

Sec. 2044. Hurricane and storm damage risk reduction prioritization. 

Sec. 2045. Prioritization of ecosystem restoration efforts. 

Sec. 2046. Special use permits. 

Sec. 2047. Operations and maintenance on fuel taxed inland waterways. 

Sec. 2048. Corrosion prevention. 

Sec. 2049. Project deauthorizations. 
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Sec. 2050. Reports to Congress. 

Sec. 2051. Indian Self-Determination and Education Assistance Act conforming 

amendment. 

Sec. 2052. Invasive species review. 

Sec. 2053. Wetlands conservation study. 

Sec. 2054. Dam modification study. 

Sec. 2055. Non-Federal plans to provide additional flood risk reduction. 

Sec. 2056. Mississippi River forecasting improvements. 

Sec. 2057. Flexibility in maintaining navigation. 

Sec. 2058. Restricted areas at Corps of Engineers dams. 

Sec. 2059. Maximum cost of projects. 

Sec. 2060. Donald G. Waldon Lock and Dam. 

Sec. 2061. Improving planning and administration of water supply storage. 

Sec. 2062. Crediting authority for Federally authorized navigation projects. 

Sec. 2063. River basin commissions. 

Sec. 2064. Restriction on charges for certain surplus water. 

TITLE III—PROJECT MODIFICATIONS 

Sec. 3001. Purpose. 

Sec. 3002. Chatfield Reservoir, Colorado. 

Sec. 3003. Missouri River Recovery Implementation Committee expenses reimbursement. 

Sec. 3004. Hurricane and storm damage reduction study. 

Sec. 3005. Lower Yellowstone Project, Montana. 

Sec. 3006. Project deauthorizations. 

Sec. 3007. Raritan River Basin, Green Brook Sub-basin, New Jersey. 

Sec. 3008. Red River Basin, Oklahoma, Texas, Arkansas, Louisiana. 

Sec. 3009. Point Judith Harbor of Refuge, Rhode Island. 

Sec. 3010. Land conveyance of Hammond Boat Basin, Warrenton, Oregon. 

Sec. 3011. Metro East Flood Risk Management Program, Illinois. 

Sec. 3012. Florida Keys water quality improvements. 

Sec. 3013. Des Moines Recreational River and Greenbelt, Iowa. 

Sec. 3014. Land conveyance, Craney Island Dredged Material Management Area, 

Portsmouth, Virginia. 

Sec. 3015. Los Angeles County Drainage Area, California. 

Sec. 3016. Oakland Inner Harbor Tidal Canal, California. 

Sec. 3017. Redesignation of Lower Mississippi River Museum and Riverfront Interpretive Site. 

Sec. 3018. Louisiana Coastal Area. 

Sec. 3019. Four Mile Run, City of Alexandria and Arlington County, Virginia. 

Sec. 3020. East Fork of Trinity River, Texas. 

Sec. 3021. Seward Waterfront, Seward, Alaska. 

TITLE IV—WATER RESOURCE STUDIES 

Sec. 4001. Purpose. 

Sec. 4002. Initiation of new water resources studies. 

Sec. 4003. Applicability. 

TITLE V—REGIONAL AND NONPROJECT PROVISIONS 

Sec. 5001. Purpose. 

Sec. 5002. Northeast Coastal Region ecosystem restoration. 

Sec. 5003. Chesapeake Bay Environmental Restoration and Protection Program. 
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Sec. 5004. Rio Grande environmental management program, Colorado, New Mexico, Texas. 

Sec. 5005. Lower Columbia River and Tillamook Bay ecosystem restoration, Oregon and Washington. 

Sec. 5006. Arkansas River, Arkansas and Oklahoma. 

Sec. 5007. Aquatic invasive species prevention and management; Columbia River 

Basin. 

Sec. 5008. Upper Missouri Basin flood and drought monitoring. 

Sec. 5009. Upper Missouri Basin shoreline erosion prevention. 

Sec. 5010. Northern Rockies headwaters extreme weather mitigation. 

Sec. 5011. Aquatic nuisance species prevention, Great Lakes and Mississippi 

River Basin. 

Sec. 5012. Middle Mississippi River pilot program. 

Sec. 5013. Idaho, Montana, rural Nevada, New Mexico, rural Utah, and Wyoming. 

Sec. 5014. Chesapeake Bay oyster restoration in Virginia and Maryland. 

Sec. 5015. Missouri River between Fort Peck Dam, Montana and Gavins Point 

Dam, South Dakota and Nebraska. 

Sec. 5016. Operations and maintenance of inland Mississippi River ports. 

Sec. 5017. Remote and subsistence harbors. 

Sec. 5018. Multiagency effort to slow the spread of Asian carp in the Upper Mississippi River and Ohio River basins and tributaries. 

Sec. 5019. Release of use restrictions. 

Sec. 5020. Rights and responsibilities of Cherokee Nation of Oklahoma regarding 

W.D. Mayo Lock and Dam, Oklahoma. 

Sec. 5021. Upper Mississippi River protection. 

Sec. 5022. Arctic Deep draft port development partnerships. 

Sec. 5023. Greater Mississippi River Basin severe flooding and drought management study. 

Sec. 5024. Cape Arundel Disposal Site, Maine. 

TITLE VI—LEVEE SAFETY 

Sec. 6001. Short title. 

Sec. 6002. Findings; purposes. 

Sec. 6003. Definitions. 

Sec. 6004. National levee safety program. 

Sec. 6005. National levee safety advisory board. 

Sec. 6006. Inventory and inspection of levees. 

Sec. 6007. Reports. 

Sec. 6008. Effect of title. 

Sec. 6009. Authorization of appropriations. 

TITLE VII—INLAND WATERWAYS 

Sec. 7001. Purposes. 

Sec. 7002. Definitions. 

Sec. 7003. Project delivery process reforms. 

Sec. 7004. Major rehabilitation standards. 

Sec. 7005. Inland waterways system revenues. 

Sec. 7006. Efficiency of revenue collection. 

Sec. 7007. GAO study, Olmsted Locks and Dam, Lower Ohio River, Illinois and 

Kentucky. 

Sec. 7008. Olmsted Locks and Dam, Lower Ohio River, Illinois and Kentucky. 
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TITLE VIII—HARBOR MAINTENANCE 

Sec. 8001. Short title. 

Sec. 8002. Purposes. 

Sec. 8003. Funding for harbor maintenance programs. 

Sec. 8004. Harbor Maintenance Trust Fund prioritization. 

Sec. 8005. Harbor maintenance trust fund study. 

TITLE IX—DAM SAFETY 

Sec. 9001. Short title. 

Sec. 9002. Purpose. 

Sec. 9003. Administrator. 

Sec. 9004. Inspection of dams. 

Sec. 9005. National Dam Safety Program. 

Sec. 9006. Public awareness and outreach for dam safety. 

Sec. 9007. Authorization of appropriations. 

TITLE X—INNOVATIVE FINANCING PILOT PROJECTS 

Sec. 10001. Short title. 

Sec. 10002. Purposes. 

Sec. 10003. Definitions. 

Sec. 10004. Authority to provide assistance. 

Sec. 10005. Applications. 

Sec. 10006. Eligible entities. 

Sec. 10007. Projects eligible for assistance. 

Sec. 10008. Activities eligible for assistance. 

Sec. 10009. Determination of eligibility and project selection. 

Sec. 10010. Secured loans. 

Sec. 10011. Program administration. 

Sec. 10012. State, tribal, and local permits. 

Sec. 10013. Regulations. 

Sec. 10014. Funding. 

Sec. 10015. Report to Congress. 

Sec. 10016. Use of American iron, steel, and manufactured goods. 

TITLE XI—EXTREME WEATHER 

Sec. 11001. Definition of resilient construction technique. 

Sec. 11002. Study on risk reduction. 

Sec. 11003. GAO study on management of flood, drought, and storm damage. 

Sec. 11004. Post-disaster watershed assessments. 

Sec. 11005. Authority to accept and expend non-Federal amounts. 

TITLE XII—NATIONAL ENDOWMENT FOR THE OCEANS 

Sec. 12001. Short title. 

Sec. 12002. Purposes. 

Sec. 12003. Definitions. 

Sec. 12004. National Endowment for the Oceans. 

Sec. 12005. Eligible uses. 

Sec. 12006. Grants. 

Sec. 12007. Annual report. 

Sec. 12008. Tulsa Port of Catoosa, Rogers County, Oklahoma land exchange. 
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TITLE XIII—MISCELLANEOUS 

Sec. 13001. Applicability of Spill Prevention, Control, and Countermeasure rule. 

Sec. 13002. America the Beautiful National Parks and Federal Recreational 

Lands Pass program. 

1 SEC. 2. DEFINITION OF SECRETARY. 

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

3 of the Army. 

4 TITLE I—WATER RESOURCE 

5 PROJECTS 

6 SEC. 1001. PURPOSES. 

7 The purposes of this title are— 

8 (1) to authorize projects that— 

9 (A) are the subject of a completed report of 

10 the Chief of Engineers containing a determina11 tion that the relevant project— 

12 (i) is in the Federal interest; 

13 (ii) results in benefits that exceed the 

14 costs of the project; 

15 (iii) is environmentally acceptable; 

16 and 

17 (iv) is technically feasible; and 

18 (B) have been recommended to Congress for 

19 authorization by the Assistant Secretary of the 

20 Army for Civil Works; and 

21 (2) to authorize the Secretary— 

22 (A) to review projects that require increased 

23 authorization; and 
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1 (B) to request an increase of those author2 izations after— 

3 (i) certifying that the increases are 

4 necessary; and 

5 (ii) submitting to Congress reports on 

6 the proposed increases. 

7 SEC. 1002. PROJECT AUTHORIZATIONS. 

8 The Secretary is authorized to carry out projects for 

9 water resources development, conservation, and other pur10 poses, subject to the conditions that— 

11 (1) each project is carried out— 

12 (A) substantially in accordance with the 

13 plan for the project; and 

14 (B) subject to any conditions described in 

15 the report for the project; and 

16 (2)(A) a Report of the Chief of Engineers has 

17 been completed; and 

18 (B) after November 8, 2007, but prior to the date 

19 of enactment of this Act, the Assistant Secretary of 

20 the Army for Civil Works has submitted to Congress 

21 a recommendation to authorize construction of the 

22 project. 

23 SEC. 1003. PROJECT REVIEW. 

24 (a) IN GENERAL.—For a project that is authorized by 

25 Federal law as of the date of enactment of this Act, the Sec-
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1 retary may modify the authorized project cost set under sec2 tion 902 of the Water Resources Development Act of 1986 

3 (33 U.S.C. 2280)— 

4 (1) by submitting the required certification and 

5 additional information to Congress in accordance 

6 with subsection (b); and 

7 (2) after receiving an appropriation of funds in 

8 accordance with subsection (b)(3)(B). 

9 (b) REQUIREMENTS FOR SUBMISSION.— 

10 (1) CERTIFICATION.—The certification to Con11 gress under subsection (a) shall include a certification 

12 by the Secretary that— 

13 (A) expenditures above the authorized cost 

14 of the project are necessary to protect life and 

15 safety or property, maintain critical navigation 

16 routes, or restore ecosystems; 

17 (B) the project continues to provide benefits 

18 identified in the report of the Chief of Engineers 

19 for the project; and 

20 (C) for projects under construction— 

21 (i) a temporary stop or delay resulting 

22 from a failure to increase the authorized 

23 cost of the project will increase costs to the 

24 Federal Government; and 
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1 (ii) the amount requested for the 

2 project in the budget of the President or in3 cluded in a work plan for the expenditure 

4 of funds for the fiscal year during which the 

5 certification is submitted will exceed the au6 thorized cost of the project. 

7 (2) ADDITIONAL INFORMATION.—The informa8 tion provided to Congress about the project under sub9 section (a) shall include, at a minimum— 

10 (A) a comprehensive review of the project 

11 costs and reasons for exceeding the authorized 

12 limits set under section 902 of the Water Re13 sources Development Act of 1986 (33 U.S.C. 

14 2280); 

15 (B) an expedited analysis of the updated 

16 benefits and costs of the project; and 

17 (C) the revised cost estimate level for com18 pleting the project. 

19 (3) APPROVAL OF CONGRESS.—The Secretary 

20 may not change the authorized project costs under 

21 subsection (a) unless— 

22 (A) a certification and required informa23 tion is submitted to Congress under subsection 

24 (b); and 
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1 (B) after such submission, amounts are ap2 propriated to initiate or continue construction of 

3 the project in an appropriations or other Act. 

4 (c) DE MINIMIS AMOUNTS.—If the cost to complete 

5 construction of an authorized water resources project would 

6 exceed the limitations on the maximum cost of the project 

7 under section 902 of the Water Resources Development Act 

8 of 1986 (33 U.S.C. 2280), the Secretary may complete con9 struction of the project, notwithstanding the limitations im10 posed by that section if— 

11 (1) construction of the project is at least 70 per12 cent complete at the time the cost of the project is pro13 jected to exceed the limitations; and 

14 (2) the Federal cost to complete construction is 

15 less than $5,000,000. 

16 (d) TERMINATION OF EFFECTIVENESS.—The authority 

17 of the Secretary under this section terminates on the date 

18 that is 3 years after the date of enactment of this Act. 

19 SEC. 1004. FUTURE PROJECT AUTHORIZATIONS. 

20 (a) POLICY.—The benefits of water resource projects 

21 designed and carried out in an economically justifiable, en22 vironmentally acceptable, and technically sound manner 

23 are important to the economy and environment of the 

24 United States and recommendations to Congress regarding 
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1 those projects should be expedited for approval in a timely 

2 manner. 

3 (b) APPLICABILITY.—The procedures under this section 

4 apply to projects for water resources development, conserva5 tion, and other purposes, subject to the conditions that— 

6 (1) each project is carried out— 

7 (A) substantially in accordance with the 

8 plan identified in the report of the Chief of Engi9 neers for the project; and 

10 (B) subject to any conditions described in 

11 the report for the project; and 

12 (2)(A) a report of the Chief of Engineers has 

13 been completed; and 

14 (B) after the date of enactment of this Act, the 

15 Assistant Secretary of the Army for Civil Works has 

16 submitted to Congress a recommendation to authorize 

17 construction of the project. 

18 (c) EXPEDITED CONSIDERATION.— 

19 (1) IN GENERAL.—A bill shall be eligible for ex20 pedited consideration in accordance with this sub21 section if the bill— 

22 (A) authorizes a project that meets the re23 quirements described in subsection (b); and 

24 (B) is referred to the Committee on Envi25 ronment and Public Works of the Senate. 
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1 (2) COMMITTEE CONSIDERATION.— 

2 (A) IN GENERAL.—Not later than January 

3 31st of the second session of each Congress, the 

4 Committee on Environment and Public Works of 

5 the Senate shall— 

6 (i) report all bills that meet the re7 quirements of paragraph (1); or 

8 (ii) introduce and report a measure to 

9 authorize any project that meets the require10 ments described in subsection (b). 

11 (B) FAILURE TO ACT.—Subject to subpara12 graph (C), if the Committee fails to act on a bill 

13 that meets the requirements of paragraph (1) by 

14 the date specified in subparagraph (A), the bill 

15 shall be discharged from the Committee and 

16 placed on the calendar of the Senate. 

17 (C) EXCEPTIONS.—Subparagraph (B) shall 

18 not apply if— 

19 (i) in the 180-day period immediately 

20 preceding the date specified in subpara21 graph (A), the full Committee holds a legis22 lative hearing on a bill to authorize all 

23 projects that meet the requirements de24 scribed in subsection (b); 
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1 (ii)(I) the Committee favorably reports 

2 a bill to authorize all projects that meet the 

3 requirements described in subsection (b); 

4 and 

5 (II) the bill described in subclause (I) 

6 is placed on the calendar of the Senate; or 

7 (iii) a bill that meets the requirements 

8 of paragraph (1) is referred to the Com9 mittee not earlier than 30 days before the 

10 date specified in subparagraph (A). 

11 (d) TERMINATION.—The procedures for expedited con12 sideration under this section terminate on December 31, 

13 2018. 

14 TITLE II—WATER RESOURCES 

15 POLICY REFORMS 

16 SEC. 2001. PURPOSES. 

17 The purposes of this title are— 

18 (1) to reform the implementation of water re19 sources projects by the Corps of Engineers; 

20 (2) to make other technical changes to the water 

21 resources policy of the Corps of Engineers; and 

22 (3) to implement reforms, including— 

23 (A) enhancing the ability of local sponsors 

24 to partner with the Corps of Engineers by ensur25 ing the eligibility of the local sponsors to receive 
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1 and apply credit for work carried out by the 

2 sponsors and increasing the role of sponsors in 

3 carrying out Corps of Engineers projects; 

4 (B) ensuring continuing authority pro5 grams can continue to meet important needs; 

6 (C) encouraging the continuation of efforts 

7 to modernize feasibility studies and establish tar8 gets for expedited completion of feasibility stud9 ies; 

10 (D) seeking efficiencies in the management 

11 of dams and related infrastructure to reduce en12 vironmental impacts while maximizing other 

13 benefits and project purposes, such as flood con14 trol, navigation, water supply, and hydropower; 

15 (E) clarifying mitigation requirements for 

16 Corps of Engineers projects and ensuring trans17 parency in the independent external review of 

18 those projects; and 

19 (F) establishing an efficient and trans20 parent process for deauthorizing projects that 

21 have failed to receive a minimum level of invest22 ment to ensure active projects can move forward 

23 while reducing the backlog of authorized projects. 
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1 SEC. 2002. SAFETY ASSURANCE REVIEW. 

2 Section 2035 of the Water Resources Development Act 

3 of 2007 (33 U.S.C. 2344) is amended by adding at the end 

4 the following: 

5 ‘‘(g) NONAPPLICABILITY OF FACA.—The Federal Ad6 visory Committee Act (5 U.S.C. App.) shall not apply to 

7 a safety assurance review conducted under this section.’’. 

8 SEC. 2003. CONTINUING AUTHORITY PROGRAMS. 

9 (a) SMALL RIVER AND HARBOR IMPROVEMENT

10 PROJECTS.—Section 107 of the River and Harbor Act of 

11 1960 (33 U.S.C. 577) is amended— 

12 (1) in subsection (a), by striking ‘‘$35,000,000’’ 

13 and inserting ‘‘$50,000,000’’; and 

14 (2) in subsection (b), by striking ‘‘$7,000,000’’ 

15 and inserting ‘‘$10,000,000’’. 

16 (b) SHORE DAMAGE PREVENTION OR MITIGATION.— 

17 Section 111(c) of the River and Harbor Act of 1968 (33 

18 U.S.C. 426i(c)) is amended by striking ‘‘$5,000,000’’ and 

19 inserting ‘‘$10,000,000’’. 

20 (c) REGIONAL SEDIMENT MANAGEMENT.— 

21 (1) IN GENERAL.—Section 204 of the Water Re22 sources Development Act of 1992 (33 U.S.C. 2326) is 

23 amended— 

24 (A) in subsection (c)(1)(C), by striking 

25 ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’; and 
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1 (B) in subsection (g), by striking 

2 ‘‘$30,000,000’’ and inserting ‘‘$50,000,000’’. 

3 (2) APPLICABILITY.—Section 2037 of the Water 

4 Resources Development Act of 2007 (121 Stat. 1094) 

5 is amended by added at the end the following: 

6 ‘‘(c) APPLICABILITY.—The amendment made by sub7 section (a) shall not apply to any project authorized under 

8 this Act if a report of the Chief of Engineers for the project 

9 was completed prior to the date of enactment of this Act.’’. 

10 (d) SMALL FLOOD CONTROL PROJECTS.—Section 205 

11 of the Flood Control Act of 1948 (33 U.S.C. 701s) is amend12 ed in the third sentence by striking ‘‘$7,000,000’’ and in13 serting ‘‘$10,000,000’’. 

14 (e) PROJECT MODIFICATIONS FOR IMPROVEMENT OF

15 ENVIRONMENT.—Section 1135(d) of the Water Resources 

16 Development Act of 1986 (33 U.S.C. 2309a(d)) is amend17 ed— 

18 (1) in the second sentence, by striking ‘‘Not more 

19 than 80 percent of the non-Federal may be’’ and in20 serting ‘‘The non-Federal share may be provided’’; 

21 and 

22 (2) in the third sentence, by striking 

23 ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. 

24 (f) AQUATIC ECOSYSTEM RESTORATION.—Section 

25 206(d) of the Water Resources Development Act of 1996 (33 
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1 U.S.C. 2330(d)) is amended by striking ‘‘$5,000,000’’ and 

2 inserting ‘‘$10,000,000’’. 

3 (g) FLOODPLAIN MANAGEMENT SERVICES.—Section 

4 206(d) of the Flood Control Act of 1960 (33 U.S.C. 709a) 

5 is amended by striking ‘‘$15,000,000’’ and inserting 

6 ‘‘$50,000,000’’. 

7 SEC. 2004. CONTINUING AUTHORITY PROGRAM 

8 PRIORITIZATION. 

9 (a) DEFINITION OF CONTINUING AUTHORITY PRO10 GRAM PROJECT.—In this section, the term ‘‘continuing au11 thority program’’ means 1 of the following authorities: 

12 (1) Section 205 of the Flood Control Act of 1948 

13 (33 U.S.C. 701s). 

14 (2) Section 111 of the River and Harbor Act of 

15 1968 (33 U.S.C. 426i). 

16 (3) Section 206 of the Water Resources Develop17 ment Act of 1996 (33 U.S.C. 2330). 

18 (4) Section 1135 of the Water Resources Develop19 ment Act of 1986 (33 U.S.C. 2309a). 

20 (5) Section 107 of the River and Harbor Act of 

21 1960 (33 U.S.C. 577). 

22 (6) Section 3 of the Act of August 13, 1946 (33 

23 U.S.C. 426g). 

24 (b) PRIORITIZATION.—Not later than 1 year after the 

25 date of enactment of this Act, the Secretary shall publish 
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1 in the Federal Register and on a publicly available website, 

2 the criteria the Secretary uses for prioritizing annual fund3 ing for continuing authority program projects. 

4 (c) ANNUAL REPORT.—Not later than 1 year after the 

5 date of enactment of this Act and each year thereafter, the 

6 Secretary shall publish in the Federal Register and on a 

7 publicly available website, a report on the status of each 

8 continuing authority program, which, at a minimum, shall 

9 include— 

10 (1) the name and a short description of each ac11 tive continuing authority program project; 

12 (2) the cost estimate to complete each active 

13 project; and 

14 (3) the funding available in that fiscal year for 

15 each continuing authority program. 

16 (d) CONGRESSIONAL NOTIFICATION.—On publication 

17 in the Federal Register under subsections (b) and (c), the 

18 Secretary shall submit to the Committee on Environment 

19 and Public Works of the Senate and the Committee on 

20 Transportation and Infrastructure of the House of Rep21 resentatives a copy of all information published under those 

22 subsections. 

23 SEC. 2005. FISH AND WILDLIFE MITIGATION. 

24 (a) IN GENERAL.—Section 906 of the Water Resources 

25 Development Act of 1986 (33 U.S.C. 2283) is amended— 
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1 (1) in subsection (d)— 

2 (A) in paragraph (1)— 

3 (i) in the first sentence— 

4 (I) by inserting ‘‘for damages to 

5 ecological resources, including terres6 trial and aquatic resources, and’’ after 

7 ‘‘mitigate’’; 

8 (II) by inserting ‘‘ecological re9 sources and’’ after ‘‘impact on’’; and 

10 (III) by inserting ‘‘without the 

11 implementation of mitigation meas12 ures’’ before the period; and 

13 (ii) by inserting before the last sentence 

14 the following: ‘‘If the Secretary determines 

15 that mitigation to in-kind conditions is not 

16 possible, the Secretary shall identify in the 

17 report the basis for that determination and 

18 the mitigation measures that will be imple19 mented to meet the requirements of this sec20 tion and the goals of section 307(a)(1) of the 

21 Water Resources Development Act of 1990 

22 (33 U.S.C. 2317(a)(1)).’’; 

23 (B) in paragraph (2)— 
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1 (i) in the heading, by striking ‘‘DE2 SIGN’’ and inserting ‘‘SELECTION AND DE3 SIGN’’; 

4 (ii) by inserting ‘‘select and’’ after 

5 ‘‘shall’’; and 

6 (iii) by inserting ‘‘using a watershed 

7 approach’’ after ‘‘projects’’; and 

8 (C) in paragraph (3)— 

9 (i) in subparagraph (A), by inserting 

10 ‘‘, at a minimum,’’ after ‘‘complies with’’; 

11 and 

12 (ii) in subparagraph (B)— 

13 (I) by striking clause (iii); 

14 (II) by redesignating clauses (iv) 

15 and (v) as clauses (v) and (vi), respec16 tively; and 

17 (III) by inserting after clause (ii) 

18 the following: 

19 ‘‘(iii) for projects where mitigation 

20 will be carried out by the Secretary— 

21 ‘‘(I) a description of the land and 

22 interest in land to be acquired for the 

23 mitigation plan; 
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1 ‘‘(II) the basis for a determina2 tion that the land and interests are 

3 available for acquisition; and 

4 ‘‘(III) a determination that the 

5 proposed interest sought does not ex6 ceed the minimum interest in land 

7 necessary to meet the mitigation re8 quirements for the project; 

9 ‘‘(iv) for projects where mitigation will 

10 be carried out through a third party miti11 gation arrangement in accordance with sub12 section (i)— 

13 ‘‘(I) a description of the third 

14 party mitigation instrument to be 

15 used; and 

16 ‘‘(II) the basis for a determina17 tion that the mitigation instrument 

18 can meet the mitigation requirements 

19 for the project;’’; and 

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

21 ‘‘(h) PROGRAMMATIC MITIGATION PLANS.— 

22 ‘‘(1) IN GENERAL.—The Secretary may develop 1 

23 or more programmatic mitigation plans to address 

24 the potential impacts to ecological resources, fish, and 
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1 wildlife associated with existing or future water re2 sources development projects. 

3 ‘‘(2) USE OF MITIGATION PLANS.—The Secretary 

4 shall, to the maximum extent practicable, use pro5 grammatic mitigation plans developed in accordance 

6 with this subsection to guide the development of a 

7 mitigation plan under subsection (d). 

8 ‘‘(3) NON-FEDERAL PLANS.—The Secretary shall, 

9 to the maximum extent practicable and subject to all 

10 conditions of this subsection, use programmatic envi11 ronmental plans developed by a State, a body politic 

12 of the State, which derives its powers from a State 

13 constitution, a government entity created by State 

14 legislation, or a local government, that meet the re15 quirements of this subsection to address the potential 

16 environmental impacts of existing or future water re17 sources development projects. 

18 ‘‘(4) SCOPE.—A programmatic mitigation plan 

19 developed by the Secretary or an entity described in 

20 paragraph (3) to address potential impacts of existing 

21 or future water resources development projects shall, 

22 to the maximum extent practicable— 

23 ‘‘(A) be developed on a regional, ecosystem, 

24 watershed, or statewide scale; 
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1 ‘‘(B) include specific goals for aquatic re2 source and fish and wildlife habitat restoration, 

3 establishment, enhancement, or preservation; 

4 ‘‘(C) identify priority areas for aquatic re5 source and fish and wildlife habitat protection or 

6 restoration; 

7 ‘‘(D) encompass multiple environmental re8 sources within a defined geographical area or 

9 focus on a specific resource, such as aquatic re10 sources or wildlife habitat; and 

11 ‘‘(E) address impacts from all projects in a 

12 defined geographical area or focus on a specific 

13 type of project. 

14 ‘‘(5) CONSULTATION.—The scope of the plan 

15 shall be determined by the Secretary or an entity de16 scribed in paragraph (3), as appropriate, in consulta17 tion with the agency with jurisdiction over the re18 sources being addressed in the environmental mitiga19 tion plan. 

20 ‘‘(6) CONTENTS.—A programmatic environ21 mental mitigation plan may include— 

22 ‘‘(A) an assessment of the condition of envi23 ronmental resources in the geographical area 

24 covered by the plan, including an assessment of 
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1 recent trends and any potential threats to those 

2 resources; 

3 ‘‘(B) an assessment of potential opportuni4 ties to improve the overall quality of environ5 mental resources in the geographical area covered 

6 by the plan through strategic mitigation for im7 pacts of water resources development projects; 

8 ‘‘(C) standard measures for mitigating cer9 tain types of impacts; 

10 ‘‘(D) parameters for determining appro11 priate mitigation for certain types of impacts, 

12 such as mitigation ratios or criteria for deter13 mining appropriate mitigation sites; 

14 ‘‘(E) adaptive management procedures, such 

15 as protocols that involve monitoring predicted 

16 impacts over time and adjusting mitigation 

17 measures in response to information gathered 

18 through the monitoring; 

19 ‘‘(F) acknowledgment of specific statutory 

20 or regulatory requirements that must be satisfied 

21 when determining appropriate mitigation for 

22 certain types of resources; and 

23 ‘‘(G) any offsetting benefits of self-miti24 gating projects, such as ecosystem or resource 

25 restoration and protection. 
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1 ‘‘(7) PROCESS.—Before adopting a pro2 grammatic environmental mitigation plan for use 

3 under this subsection, the Secretary shall— 

4 ‘‘(A) for a plan developed by the Sec5 retary— 

6 ‘‘(i) make a draft of the plan available 

7 for review and comment by applicable envi8 ronmental resource agencies and the public; 

9 and 

10 ‘‘(ii) consider any comments received 

11 from those agencies and the public on the 

12 draft plan; and 

13 ‘‘(B) for a plan developed under paragraph 

14 (3), determine, not later than 180 days after re15 ceiving the plan, whether the plan meets the re16 quirements of paragraphs (4) through (6) and 

17 was made available for public comment. 

18 ‘‘(8) INTEGRATION WITH OTHER PLANS.—A pro19 grammatic environmental mitigation plan may be 

20 integrated with other plans, including watershed 

21 plans, ecosystem plans, species recovery plans, growth 

22 management plans, and land use plans. 

23 ‘‘(9) CONSIDERATION IN PROJECT DEVELOPMENT

24 AND PERMITTING.—If a programmatic environmental 

25 mitigation plan has been developed under this sub-
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1 section, any Federal agency responsible for environ2 mental reviews, permits, or approvals for a water re3 sources development project may use the recommenda4 tions in that programmatic environmental mitigation 

5 plan when carrying out the responsibilities of the 

6 agency under the National Environmental Policy Act 

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

8 ‘‘(10) PRESERVATION OF EXISTING AUTHORI9 TIES.—Nothing in this subsection limits the use of 

10 programmatic approaches to reviews under the Na11 tional Environmental Policy Act of 1969 (42 U.S.C. 

12 4321 et seq.). 

13 ‘‘(i) THIRD-PARTY MITIGATION ARRANGEMENTS.— 

14 ‘‘(1) ELIGIBLE ACTIVITIES.—In accordance with 

15 all applicable Federal laws (including regulations), 

16 mitigation efforts carried out under this section may 

17 include— 

18 ‘‘(A) participation in mitigation banking 

19 or other third-party mitigation arrangements, 

20 such as— 

21 ‘‘(i) the purchase of credits from com22 mercial or State, regional, or local agency23 sponsored mitigation banks; and 

24 ‘‘(ii) the purchase of credits from in25 lieu fee mitigation programs; and 
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1 ‘‘(B) contributions to statewide and re2 gional efforts to conserve, restore, enhance, and 

3 create natural habitats and wetlands if the Sec4 retary determines that the contributions will en5 sure that the mitigation requirements of this sec6 tion and the goals of section 307(a)(1) of the 

7 Water Resources Development Act of 1990 (33 

8 U.S.C. 2317(a)(1)) will be met. 

9 ‘‘(2) INCLUSION OF OTHER ACTIVITIES.—The 

10 banks, programs, and efforts described in paragraph 

11 (1) include any banks, programs, and efforts devel12 oped in accordance with applicable law (including 

13 regulations). 

14 ‘‘(3) TERMS AND CONDITIONS.—In carrying out 

15 natural habitat and wetlands mitigation efforts under 

16 this section, contributions to the mitigation effort 

17 may— 

18 ‘‘(A) take place concurrent with, or in ad19 vance of, the commitment of funding to a project; 

20 and 

21 ‘‘(B) occur in advance of project construc22 tion only if the efforts are consistent with all ap23 plicable requirements of Federal law (including 

24 regulations) and water resources development 

25 planning processes. 
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1 ‘‘(4) PREFERENCE.—At the request of the non2 Federal project sponsor, preference may be given, to 

3 the maximum extent practicable, to mitigating an en4 vironmental impact through the use of a mitigation 

5 bank, in-lieu fee, or other third-party mitigation ar6 rangement, if the use of credits from the mitigation 

7 bank or in-lieu fee, or the other third-party mitiga8 tion arrangement for the project has been approved by 

9 the applicable Federal agency. 

10 ‘‘(j) USE OF FUNDS.—The Secretary may use funds 

11 made available for preconstruction engineering and design 

12 prior to authorization of project construction to satisfy 

13 mitigation requirements through third party mechanisms 

14 or to acquire interests in land necessary for meeting the 

15 mitigation requirements of this section.’’. 

16 (b) APPLICATION.—The amendments made by sub17 section (a) shall not apply to a project for which a mitiga18 tion plan has been completed as of the date of enactment 

19 of this Act. 

20 (c) TECHNICAL ASSISTANCE.— 

21 (1) IN GENERAL.—The Secretary may provide 

22 technical assistance to States and local governments 

23 to establish third-party mitigation instruments, in24 cluding mitigation banks and in-lieu fee programs, 
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1 that will help to target mitigation payments to high2 priority ecosystem restoration actions. 

3 (2) REQUIREMENTS.—In providing technical as4 sistance under this subsection, the Secretary shall give 

5 priority to States and local governments that have de6 veloped State, regional, or watershed-based plans 

7 identifying priority restoration actions. 

8 (3) MITIGATION INSTRUMENTS.—The Secretary 

9 shall seek to ensure any technical assistance provided 

10 under this subsection will support the establishment of 

11 mitigation instruments that will result in restoration 

12 of high-priority areas identified in the plans under 

13 paragraph (2). 

14 SEC. 2006. MITIGATION STATUS REPORT. 

15 Section 2036(b) of the Water Resources Development 

16 Act of 2007 (33 U.S.C. 2283a) is amended— 

17 (1) by redesignating paragraph (3) as para18 graph (4); and 

19 (2) by inserting after paragraph (2) the fol20 lowing: 

21 ‘‘(3) INFORMATION INCLUDED.—In reporting the 

22 status of all projects included in the report, the Sec23 retary shall— 
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1 ‘‘(A) use a uniform methodology for deter2 mining the status of all projects included in the 

3 report; 

4 ‘‘(B) use a methodology that describes both 

5 a qualitative and quantitative status for all 

6 projects in the report; and 

7 ‘‘(C) provide specific dates for and partici8 pants in the consultations required under section 

9 906(d)(4)(B) of the Water Resources Develop10 ment Act of 1986 (33 U.S.C. 2283(d)(4)(B)).’’. 

11 SEC. 2007. INDEPENDENT PEER REVIEW. 

12 (a) TIMING OF PEER REVIEW.—Section 2034(b) of the 

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

14 2343(b)) is amended— 

15 (1) by redesignating paragraph (3) as para16 graph (4); and 

17 (2) by inserting after paragraph (2) the fol18 lowing: 

19 ‘‘(3) REASONS FOR TIMING.—If the Chief of En20 gineers does not initiate a peer review for a project 

21 study at a time described in paragraph (2), the Chief 

22 shall— 

23 ‘‘(A) not later than 7 days after the date on 

24 which the Chief of Engineers determines not to 

25 initiate a peer review— 
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1 ‘‘(i) notify the Committee on Environ2 ment and Public Works of the Senate and 

3 the Committee on Transportation and In4 frastructure of the House of Representatives 

5 of that decision; and 

6 ‘‘(ii) make publicly available, includ7 ing on the Internet the reasons for not con8 ducting the review; and 

9 ‘‘(B) include the reasons for not conducting 

10 the review in the decision document for the 

11 project study.’’. 

12 (b) ESTABLISHMENT OF PANELS.—Section 2034(c) of 

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

14 2343(c)) is amended by striking paragraph (4) and insert15 ing the following: 

16 ‘‘(4) CONGRESSIONAL AND PUBLIC NOTIFICA17 TION.—Following the identification of a project study 

18 for peer review under this section, but prior to initi19 ation of the review by the panel of experts, the Chief 

20 of Engineers shall, not later than 7 days after the 

21 date on which the Chief of Engineers determines to 

22 conduct a review— 

23 ‘‘(A) notify the Committee on Environment 

24 and Public Works of the Senate and the Com-
32 

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1 mittee on Transportation and Infrastructure of 

2 the House of Representatives of the review; and 

3 ‘‘(B) make publicly available, including on 

4 the Internet, information on— 

5 ‘‘(i) the dates scheduled for beginning 

6 and ending the review; 

7 ‘‘(ii) the entity that has the contract 

8 for the review; and 

9 ‘‘(iii) the names and qualifications of 

10 the panel of experts.’’. 

11 (c) RECOMMENDATIONS OF PANEL.—Section 2034(f) of 

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

13 2343(f)) is amended by striking paragraph (2) and insert14 ing the following: 

15 ‘‘(2) PUBLIC AVAILABILITY AND SUBMISSION TO

16 CONGRESS.—After receiving a report on a project 

17 study from a panel of experts under this section, the 

18 Chief of Engineers shall make available to the public, 

19 including on the Internet, and submit to the Com20 mittee on Environment and Public Works of the Sen21 ate and the Committee on Transportation and Infra22 structure of the House of Representatives— 

23 ‘‘(A) a copy of the report not later than 7 

24 days after the date on which the report is deliv25 ered to the Chief of Engineers; and 
33 

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1 ‘‘(B) a copy of any written response of the 

2 Chief of Engineers on recommendations con3 tained in the report not later than 3 days after 

4 the date on which the response is delivered to the 

5 Chief of Engineers. 

6 ‘‘(3) INCLUSION IN PROJECT STUDY.—A report 

7 on a project study from a panel of experts under this 

8 section and the written response of the Chief of Engi9 neers shall be included in the final decision document 

10 for the project study.’’. 

11 (d) APPLICABILITY.—Section 2034(h)(2) of the Water 

12 Resources Development Act of 2007 (33 U.S.C. 2343(h)(2)) 

13 is amended by striking ‘‘7 years’’ and inserting ‘‘12 years’’. 

14 SEC. 2008. OPERATION AND MAINTENANCE OF NAVIGATION 

15 AND HYDROELECTRIC FACILITIES. 

16 (a) IN GENERAL.—Section 314 of the Water Resources 

17 Development Act of 1990 (33 U.S.C. 2321) is amended— 

18 (1) by striking the heading and inserting the fol19 lowing: 

20 ‘‘SEC. 314. OPERATION AND MAINTENANCE OF NAVIGATION 

21 AND HYDROELECTRIC FACILITIES.’’; 

22 (2) in the first sentence, by striking ‘‘Activities 

23 currently performed’’ and inserting the following: 

24 ‘‘(a) IN GENERAL.—Activities currently performed’’; 
34 

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1 (3) in the second sentence, by striking ‘‘This sec2 tion’’ and inserting the following: 

3 ‘‘(b) MAJOR MAINTENANCE CONTRACTS ALLOWED.— 

4 This section’’; 

5 (4) in subsection (a) (as designated by para6 graph (2)), by inserting ‘‘navigation or’’ before ‘‘hy7 droelectric’’; and 

8 (5) by adding at the end the following: 

9 ‘‘(c) EXCLUSION.—This section shall not— 

10 ‘‘(1) apply to those navigation facilities that 

11 have been or are currently under contract with a non12 Federal interest to perform operations and mainte13 nance as of the date of enactment of the Water Re14 sources Development Act of 2013; and 

15 ‘‘(2) prohibit the Secretary from contracting out 

16 future commercial activities at those navigation fa17 cilities.’’. 

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

19 contained in section 1(b) of the Water Resources Develop20 ment Act of 1990 (104 Stat. 4604) is amended by striking 

21 the item relating to section 314 and inserting the following: 

‘‘Sec. 314. Operation and maintenance of navigation and hydroelectric facilities.’’. 

22 SEC. 2009. HYDROPOWER AT CORPS OF ENGINEERS FACILI23 TIES. 

24 (a) FINDINGS.—Congress finds that— 
35 

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1 (1) in April 2012, the Oak Ridge National Lab2 oratory of the Department of Energy (referred to in 

3 this section as the ‘‘Oak Ridge Lab’’) released a report 

4 finding that adding hydroelectric power to the non5 powered dams of the United States has the potential 

6 to add more than 12 gigawatts of new generating ca7 pacity; 

8 (2) the top 10 non-powered dams identified by 

9 the Oak Ridge Lab as having the highest hydroelectric 

10 power potential could alone supply 3 gigawatts of 

11 generating capacity; 

12 (3) of the 50 non-powered dams identified by the 

13 Oak Ridge Lab as having the highest hydroelectric 

14 power potential, 48 are Corps of Engineers civil 

15 works projects; 

16 (4) promoting non-Federal hydroelectric power 

17 at Corps of Engineers civil works projects increases 

18 the taxpayer benefit of those projects; 

19 (5) the development of non-Federal hydroelectric 

20 power at Corps of Engineers civil works projects— 

21 (A) can be accomplished in a manner that 

22 is consistent with authorized project purposes 

23 and the responsibilities of the Corps of Engineers 

24 to protect the environment; and 
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1 (B) in many instances, may have addi2 tional environmental benefits; and 

3 (6) the development of non-Federal hydroelectric 

4 power at Corps of Engineers civil works projects could 

5 be promoted through— 

6 (A) clear and consistent lines of responsi7 bility and authority within and across Corps of 

8 Engineers districts and divisions on hydro9 electric power development activities; 

10 (B) consistent and corresponding processes 

11 for reviewing and approving hydroelectric power 

12 development; and 

13 (C) developing a means by which non-Fed14 eral hydroelectric power developers and stake15 holders can resolve disputes with the Corps of 

16 Engineers concerning hydroelectric power devel17 opment activities at Corps of Engineers civil 

18 works projects. 

19 (b) POLICY.—Congress declares that it is the policy of 

20 the United States that— 

21 (1) the development of non-Federal hydroelectric 

22 power at Corps of Engineers civil works projects, in23 cluding locks and dams, shall be given priority; 

24 (2) Corps of Engineers approval of non-Federal 

25 hydroelectric power at Corps of Engineers civil works 
37 

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1 projects, including permitting required under section 

2 14 of the Act of March 3, 1899 (33 U.S.C. 408), shall 

3 be completed by the Corps of Engineers in a timely 

4 and consistent manner; and 

5 (3) approval of hydropower at Corps of Engi6 neers civil works projects shall in no way diminish 

7 the other priorities and missions of the Corps of Engi8 neers, including authorized project purposes and habi9 tat and environmental protection. 

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

11 enactment of this Act and each year thereafter, the Sec12 retary shall submit to the Committee on Environment and 

13 Public Works of the Senate and the Committee on Transpor14 tation and Infrastructure of the House of Representatives 

15 a report that, at a minimum, shall include— 

16 (1) a description of initiatives carried out by the 

17 Secretary to encourage the development of hydro18 electric power by non-Federal entities at Corps of En19 gineers civil works projects; 

20 (2) a list of all new hydroelectric power activi21 ties by non-Federal entities approved at Corps of En22 gineers civil works projects in that fiscal year, includ23 ing the length of time the Secretary needed to approve 

24 those activities; 
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1 (3) a description of the status of each pending 

2 application from non-Federal entities for approval to 

3 develop hydroelectric power at Corps of Engineers 

4 civil works projects; 

5 (4) a description of any benefits or impacts to 

6 the environment, recreation, or other uses associated 

7 with Corps of Engineers civil works projects at which 

8 non-Federal entities have developed hydroelectric 

9 power in the previous fiscal year; and 

10 (5) the total annual amount of payments or 

11 other services provided to the Corps of Engineers, the 

12 Treasury, and any other Federal agency as a result 

13 of approved non-Federal hydropower projects at Corps 

14 of Engineers civil works projects. 

15 SEC. 2010. CLARIFICATION OF WORK-IN-KIND CREDIT AU16 THORITY. 

17 (a) NON-FEDERAL COST SHARE.—Section 7007 of the 

18 Water Resources Development Act of 2007 (121 Stat. 1277) 

19 is amended— 

20 (1) in subsection (a)— 

21 (A) by inserting ‘‘, on, or after’’ after ‘‘be22 fore’’; and 

23 (B) by inserting ‘‘, program,’’ after ‘‘study’’ 

24 each place it appears; 
39 

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1 (2) in subsections (b) and (e)(1), by inserting ‘‘, 

2 program,’’ after ‘‘study’’ each place it appears; and 

3 (3) by striking subsection (d) and inserting the 

4 following: 

5 ‘‘(d) TREATMENT OF CREDIT BETWEEN PROJECTS.— 

6 The value of any land, easements, rights-of-way, relocations, 

7 and dredged material disposal areas and the costs of plan8 ning, design, and construction work provided by the non9 Federal interest that exceed the non-Federal cost share for 

10 a study, program, or project under this title may be applied 

11 toward the non-Federal cost share for any other study, pro12 gram, or project carried out under this title.’’. 

13 (b) IMPLEMENTATION.—Not later than 90 days after 

14 the date of enactment of this Act, the Secretary, in coordina15 tion with any relevant agencies of the State of Louisiana, 

16 shall establish a process by which to carry out the amend17 ments made by subsection (a)(3). 

18 (c) EFFECTIVE DATE.—The amendments made by sub19 section (a) take effect on November 8, 2007. 

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

21 (a) IN GENERAL.—Subject to subsection (b), the Sec22 retary may apply credit for in-kind contributions provided 

23 by a non-Federal interest that is in excess of the required 

24 non-Federal cost-share for a water resources study or project 
40 

† HR 3080 EAS 

1 toward the required non-Federal cost-share for a different 

2 water resources study or project. 

3 (b) RESTRICTIONS.— 

4 (1) IN GENERAL.—Except for subsection 

5 (a)(4)(D)(i) of that section, the requirements of sec6 tion 221 of the Flood Control Act of 1970 (42 U.S.C. 

7 1962d–5b) (as amended by section 2012 of this Act) 

8 shall apply to any credit under this section. 

9 (2) CONDITIONS.—Credit in excess of the non10 Federal cost-share for a study or project may be ap11 proved under this section only if— 

12 (A) the non-Federal interest submits a com13 prehensive plan to the Secretary that identifies— 

14 (i) the studies and projects for which 

15 the non-Federal interest intends to provide 

16 in-kind contributions for credit that is in 

17 excess of the non-Federal cost share for the 

18 study or project; and 

19 (ii) the studies and projects to which 

20 that excess credit would be applied; 

21 (B) the Secretary approves the comprehen22 sive plan; and 

23 (C) the total amount of credit does not ex24 ceed the total non-Federal cost-share for the stud-
41 

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1 ies and projects in the approved comprehensive 

2 plan. 

3 (c) ADDITIONAL CRITERIA.—In evaluating a request 

4 to apply credit in excess of the non-Federal cost-share for 

5 a study or project toward a different study or project, the 

6 Secretary shall consider whether applying that credit 

7 will— 

8 (1) help to expedite the completion of a project 

9 or group of projects; 

10 (2) reduce costs to the Federal Government; and 

11 (3) aid the completion of a project that provides 

12 significant flood risk reduction or environmental ben13 efits. 

14 (d) TERMINATION OF AUTHORITY.—The authority 

15 provided in this section shall terminate 10 years after the 

16 date of enactment of this Act. 

17 (e) REPORT.— 

18 (1) DEADLINES.— 

19 (A) IN GENERAL.—Not later than 2 years 

20 after the date of enactment of this Act, and once 

21 every 2 years thereafter, the Secretary shall sub22 mit to the Committee on Environment and Pub23 lic Works of the Senate and the Committee on 

24 Transportation and Infrastructure of the House 
42 

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1 of Representatives an interim report on the use 

2 of the authority under this section. 

3 (B) FINAL REPORT.—Not later than 10 

4 years after the date of enactment of this Act, the 

5 Secretary shall submit to the Committee on En6 vironment and Public Works of the Senate and 

7 the Committee on Transportation and Infra8 structure of the House of Representatives a final 

9 report on the use of the authority under this sec10 tion. 

11 (2) INCLUSIONS.—The reports described in para12 graph (1) shall include— 

13 (A) a description of the use of the authority 

14 under this section during the reporting period; 

15 (B) an assessment of the impact of the au16 thority under this section on the time required to 

17 complete projects; and 

18 (C) an assessment of the impact of the au19 thority under this section on other water re20 sources projects. 

21 SEC. 2012. CREDIT FOR IN-KIND CONTRIBUTIONS. 

22 (a) IN GENERAL.—Section 221(a)(4) of the Flood Con23 trol Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) is amended— 

24 (1) in subparagraph (A), in the matter preceding 

25 clause (i) by inserting ‘‘or a project under an envi-
43 

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1 ronmental infrastructure assistance program’’ after 

2 ‘‘law’’; 

3 (2) in subparagraph (C), by striking ‘‘In any 

4 case’’ and all that follows through the period at the 

5 end and inserting the following: 

6 ‘‘(i) CONSTRUCTION.— 

7 ‘‘(I) IN GENERAL.—In any case 

8 in which the non-Federal interest is to 

9 receive credit under subparagraph (A) 

10 for the cost of construction carried out 

11 by the non-Federal interest before exe12 cution of a partnership agreement and 

13 that construction has not been carried 

14 out as of the date of enactment of this 

15 subparagraph, the Secretary and the 

16 non-Federal interest shall enter into an 

17 agreement under which the non-Fed18 eral interest shall carry out such work 

19 prior to the non-Federal interest initi20 ating construction or issuing a written 

21 notice to proceed for the construction. 

22 ‘‘(II) ELIGIBILITY.—Construction 

23 that is carried out after the execution 

24 of an agreement to carry out work de25 scribed in subclause (I) and any design 
44 

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1 activities that are required for that 

2 construction, even if the design activity 

3 is carried out prior to the execution of 

4 the agreement to carry out work, shall 

5 be eligible for credit. 

6 ‘‘(ii) PLANNING.— 

7 ‘‘(I) IN GENERAL.—In any case 

8 in which the non-Federal interest is to 

9 receive credit under subparagraph (A) 

10 for the cost of planning carried out by 

11 the non-Federal interest before execu12 tion of a feasibility cost sharing agree13 ment, the Secretary and the non-Fed14 eral interest shall enter into an agree15 ment under which the non-Federal in16 terest shall carry out such work prior 

17 to the non-Federal interest initiating 

18 that planning. 

19 ‘‘(II) ELIGIBILITY.—Planning 

20 that is carried out by the non-Federal 

21 interest after the execution of an agree22 ment to carry out work described in 

23 subclause (I) shall be eligible for cred24 it.’’; 
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1 (3) in subparagraph (D)(iii), by striking ‘‘sec2 tions 101 and 103’’ and inserting ‘‘sections 101(a)(2) 

3 and 103(a)(1)(A) of the Water Resources Development 

4 Act of 1986 (33 U.S.C. 2211(a)(2); 33 U.S.C. 

5 2213(a)(1)(A))’’; 

6 (4) by redesignating subparagraph (E) as sub7 paragraph (H); 

8 (5) by inserting after subparagraph (D) the fol9 lowing: 

10 ‘‘(E) ANALYSIS OF COSTS AND BENEFITS.— 

11 In the evaluation of the costs and benefits of a 

12 project, the Secretary shall not consider construc13 tion carried out by a non-Federal interest under 

14 this subsection as part of the future without 

15 project condition. 

16 ‘‘(F) TRANSFER OF CREDIT BETWEEN SEPA17 RABLE ELEMENTS OF A PROJECT.—Credit for in18 kind contributions provided by a non-Federal in19 terest that are in excess of the non-Federal cost 

20 share for an authorized separable element of a 

21 project may be applied toward the non-Federal 

22 cost share for a different authorized separable 

23 element of the same project. 

24 ‘‘(G) APPLICATION OF CREDIT.—To the ex25 tent that credit for in-kind contributions, as lim-
46 

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1 ited by subparagraph (D), and credit for re2 quired land, easements, rights-of-way, dredged 

3 material disposal areas, and relocations provided 

4 by the non-Federal interest exceed the non-Fed5 eral share of the cost of construction of a project 

6 other than a navigation project, the Secretary 

7 shall reimburse the difference to the non-Federal 

8 interest, subject to the availability of funds.’’; 

9 and 

10 (6) in subparagraph (H) (as redesignated by 

11 paragraph (4))— 

12 (A) in clause (i), by inserting ‘‘, and to 

13 water resources projects authorized prior to the 

14 date of enactment of the Water Resources Devel15 opment Act of 1986 (Public Law 99–662), if cor16 rection of design deficiencies is necessary’’ before 

17 the period at the end; and 

18 (B) by striking clause (ii) and inserting the 

19 following: 

20 ‘‘(ii) AUTHORIZATION IN AD21 DITION TO SPECIFIC CREDIT PRO22 VISION.—In any case in which a 

23 specific provision of law author24 izes credit for in-kind contribu25 tions provided by a non-Federal 
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1 interest before the date of execu2 tion of a partnership agreement, 

3 the Secretary may apply the au4 thority provided in this para5 graph to allow credit for in-kind 

6 contributions provided by the 

7 non-Federal interest on or after 

8 the date of execution of the part9 nership agreement.’’. 

10 (b) APPLICABILITY.—Section 2003(e) of the Water Re11 sources Development Act of 2007 (42 U.S.C. 1962d–5b) is 

12 amended— 

13 (1) by inserting ‘‘, or construction of design defi14 ciency corrections on the project,’’ after ‘‘construction 

15 on the project’’; and 

16 (2) by inserting ‘‘, or under which construction 

17 of the project has not been completed and the work to 

18 be performed by the non-Federal interests has not 

19 been carried out and is creditable only toward any re20 maining non-Federal cost share,’’ after ‘‘has not been 

21 initiated’’. 

22 (c) EFFECTIVE DATE.—The amendments made by sub23 sections (a) and (b) take effect on November 8, 2007. 

24 (d) GUIDELINES.— 
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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, the Secretary shall 

3 update any guidance or regulations for carrying out 

4 section 221(a)(4) of the Flood Control Act of 1970 (42 

5 U.S.C. 1962d–5b(a)(4)) (as amended by subsection 

6 (a)) that are in existence on the date of enactment of 

7 this Act or issue new guidelines, as determined to be 

8 appropriate by the Secretary. 

9 (2) INCLUSIONS.—Any guidance, regulations, or 

10 guidelines updated or issued under paragraph (1) 

11 shall include, at a minimum— 

12 (A) the milestone for executing an in-kind 

13 memorandum of understanding for construction 

14 by a non-Federal interest; 

15 (B) criteria and procedures for evaluating a 

16 request to execute an in-kind memorandum of 

17 understanding for construction by a non-Federal 

18 interest that is earlier than the milestone under 

19 subparagraph (A) for that execution; and 

20 (C) criteria and procedures for determining 

21 whether work carried out by a non-Federal inter22 est is integral to a project. 

23 (3) PUBLIC AND STAKEHOLDER PARTICIPA24 TION.—Before issuing any new or revised guidance, 
49 

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1 regulations, or guidelines or any subsequent updates 

2 to those documents, the Secretary shall— 

3 (A) consult with affected non-Federal inter4 ests; 

5 (B) publish the proposed guidelines devel6 oped under this subsection in the Federal Reg7 ister; and 

8 (C) provide the public with an opportunity 

9 to comment on the proposed guidelines. 

10 (e) OTHER CREDIT.—Nothing in section 221(a)(4) of 

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

12 (as amended by subsection (a)) affects any eligibility for 

13 credit under section 104 of the Water Resources Develop14 ment of 1986 (33 U.S.C. 2214) that was approved by the 

15 Secretary prior to the date of enactment of this Act. 

16 SEC. 2013. CREDIT IN LIEU OF REIMBURSEMENT. 

17 Section 211(e)(2) of the Water Resources Development 

18 Act of 1996 (33 U.S.C. 701b–13(e)(2)) is amended by add19 ing at the end the following: 

20 ‘‘(C) STUDIES OR OTHER PROJECTS.—On 

21 the request of a non-Federal interest, in lieu of 

22 reimbursing a non-Federal interest the amount 

23 equal to the estimated Federal share of the cost 

24 of an authorized flood damage reduction project 

25 or a separable element of an authorized flood 
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1 damage reduction project under this subsection 

2 that has been constructed by the non-Federal in3 terest under this section as of the date of enact4 ment of this Act, the Secretary may provide the 

5 non-Federal interest with a credit in that 

6 amount, which the non-Federal interest may 

7 apply to the share of the cost of the non-Federal 

8 interest of carrying out other flood damage re9 duction projects or studies.’’. 

10 SEC. 2014. DAM OPTIMIZATION. 

11 (a) DEFINITION OF OTHER RELATED PROJECT BENE12 FITS.—In this section, the term ‘‘other related project bene13 fits’’ includes— 

14 (1) environmental protection and restoration, in15 cluding restoration of water quality and water flows, 

16 improving movement of fish and other aquatic spe17 cies, and restoration of floodplains, wetlands, and es18 tuaries; 

19 (2) increased water supply storage (except for 

20 any project in the Apalachicola-Chattahoochee-Flint 

21 River system and the Alabama-Coosa-Tallapoosa 

22 River system); 

23 (3) increased hydropower generation; 

24 (4) reduced flood risk; 

25 (5) additional navigation; and 
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1 (6) improved recreation. 

2 (b) PROGRAM.— 

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

4 activities— 

5 (A) to improve the efficiency of the oper6 ations and maintenance of dams and related in7 frastructure operated by the Corps of Engineers; 

8 and 

9 (B) to maximize, to the extent practicable— 

10 (i) authorized project purposes; and 

11 (ii) other related project benefits. 

12 (2) ELIGIBLE ACTIVITIES.—An eligible activity 

13 under this section is any activity that the Secretary 

14 would otherwise be authorized to carry out that is de15 signed to provide other related project benefits in a 

16 manner that does not adversely impact the authorized 

17 purposes of the project. 

18 (3) IMPACT ON AUTHORIZED PURPOSES.—An ac19 tivity carried out under this section shall not ad20 versely impact any of the authorized purposes of the 

21 project. 

22 (4) EFFECT.— 

23 (A) EXISTING AGREEMENTS.—Nothing in 

24 this section— 
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1 (i) supersedes or modifies any written 

2 agreement between the Federal Government 

3 and a non-Federal interest that is in effect 

4 on the date of enactment of this Act; or 

5 (ii) supersedes or authorizes any 

6 amendment to a multistate water-control 

7 plan, including the Missouri River Master 

8 Water Control Manual (as in effect on the 

9 date of enactment of this Act). 

10 (B) WATER RIGHTS.—Nothing in this sec11 tion— 

12 (i) affects any water right in existence 

13 on the date of enactment of this Act; 

14 (ii) preempts or affects any State 

15 water law or interstate compact governing 

16 water; or 

17 (iii) affects any authority of a State, 

18 as in effect on the date of enactment of this 

19 Act, to manage water resources within that 

20 State. 

21 (5) OTHER LAWS.— 

22 (A) IN GENERAL.—An activity carried out 

23 under this section shall comply with all other 

24 applicable laws (including regulations). 
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1 (B) WATER SUPPLY.—Any activity carried 

2 out under this section that results in any modi3 fication to water supply storage allocations at a 

4 reservoir operated by the Secretary shall comply 

5 with section 301 of the Water Supply Act of 

6 1958 (43 U.S.C. 390b). 

7 (c) POLICIES, REGULATIONS, AND GUIDANCE.—The 

8 Secretary shall carry out a review of, and as necessary mod9 ify, the policies, regulations, and guidance of the Secretary 

10 to carry out the activities described in subsection (b). 

11 (d) COORDINATION.— 

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

13 (A) coordinate all planning and activities 

14 carried out under this section with appropriate 

15 Federal, State, and local agencies and those pub16 lic and private entities that the Secretary deter17 mines may be affected by those plans or activi18 ties; and 

19 (B) give priority to planning and activities 

20 under this section if the Secretary determines 

21 that— 

22 (i) the greatest opportunities exist for 

23 achieving the objectives of the program, as 

24 specified in subsection (b)(1), and 
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1 (ii) the coordination activities under 

2 this subsection indicate that there is support 

3 for carrying out those planning and activi4 ties. 

5 (2) NON-FEDERAL INTERESTS.—Prior to car6 rying out an activity under this section, the Secretary 

7 shall consult with any applicable non-Federal interest 

8 of the affected dam or related infrastructure. 

9 (e) REPORTS.— 

10 (1) IN GENERAL.—Not later than 2 years after 

11 the date of enactment of this Act and every 2 years 

12 thereafter, the Secretary shall submit to Congress a 

13 report describing the actions carried out under this 

14 section. 

15 (2) INCLUSIONS.—Each report under paragraph 

16 (1) shall include— 

17 (A) a schedule for reviewing the operations 

18 of individual projects; and 

19 (B) any recommendations of the Secretary 

20 on changes that the Secretary determines to be 

21 necessary— 

22 (i) to carry out existing project author23 izations, including the deauthorization of 

24 any water resource project that the Sec-
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1 retary determines could more effectively be 

2 achieved through other means; 

3 (ii) to improve the efficiency of water 

4 resource project operations; and 

5 (iii) to maximize authorized project 

6 purposes and other related project benefits. 

7 (3) UPDATED REPORT.— 

8 (A) IN GENERAL.—Not later than 2 years 

9 after the date of enactment of this Act, the Sec10 retary shall update the report entitled ‘‘Author11 ized and Operating Purposes of Corps of Engi12 neers Reservoirs’’ and dated July 1992, which 

13 was produced pursuant to section 311 of the 

14 Water Resources Development Act of 1990 (104 

15 Stat. 4639). 

16 (B) INCLUSIONS.—The updated report de17 scribed in subparagraph (A) shall include— 

18 (i) the date on which the most recent 

19 review of project operations was conducted 

20 and any recommendations of the Secretary 

21 relating to that review the Secretary deter22 mines to be significant; and 

23 (ii) the dates on which the rec24 ommendations described in clause (i) were 

25 carried out. 
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1 (f) FUNDING.— 

2 (1) IN GENERAL.—The Secretary may use to 

3 carry out this section amounts made available to the 

4 Secretary from— 

5 (A) the general purposes and expenses ac6 count; 

7 (B) the operations and maintenance ac8 count; and 

9 (C) any other amounts that are appro10 priated to carry out this section. 

11 (2) FUNDING FROM OTHER SOURCES.—The Sec12 retary may accept and expend amounts from non13 Federal entities and other Federal agencies to carry 

14 out this section. 

15 (g) COOPERATIVE AGREEMENTS.—The Secretary may 

16 enter into cooperative agreements with other Federal agen17 cies and non-Federal entities to carry out this section. 

18 SEC. 2015. WATER SUPPLY. 

19 Section 301 of the Water Supply Act of 1958 (43 

20 U.S.C. 390b) is amended by adding at the end the following: 

21 ‘‘(e) The Committees of jurisdiction are very concerned 

22 about the operation of projects in the Apalachicola-Chat23 tahoochee-Flint River System and the Alabama-Coosa24 Tallapoosa River System, and further, the Committees of 

25 jurisdiction recognize that this ongoing water resources dis-
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1 pute raises serious concerns related to the authority of the 

2 Secretary of the Army to allocate substantial storage at 

3 projects to provide local water supply pursuant to the Water 

4 Supply Act of 1958 absent congressional approval. Inter5 state water disputes of this nature are more properly ad6 dressed through interstate water agreements that take into 

7 consideration the concerns of all affected States including 

8 impacts to other authorized uses of the projects, water sup9 ply for communities and major cities in the region, water 

10 quality, freshwater flows to communities, rivers, lakes, estu11 aries, and bays located downstream of projects, agricultural 

12 uses, economic development, and other appropriate con13 cerns. To that end, the Committees of jurisdiction strongly 

14 urge the Governors of the affected States to reach agreement 

15 on an interstate water compact as soon as possible, and 

16 we pledge our commitment to work with the affected States 

17 to ensure prompt consideration and approval of any such 

18 agreement. Absent such action, the Committees of jurisdic19 tion should consider appropriate legislation to address these 

20 matters including any necessary clarifications to the Water 

21 Supply Act of 1958 or other law. This subsection does not 

22 alter existing rights or obligations under law.’’. 

23 SEC. 2016. REPORT ON WATER STORAGE PRICING FOR24 MULAS. 

25 (a) FINDINGS.—Congress finds that— 
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1 (1) due to the ongoing drought in many parts of 

2 the United States, communities are looking for ways 

3 to enhance their water storage on Corps of Engineer 

4 reservoirs so as to maintain a reliable supply of 

5 water into the foreseeable future; 

6 (2) water storage pricing formulas should be eq7 uitable and not create disparities between users; and 

8 (3) water pricing formulas should not be cost9 prohibitive for communities. 

10 (b) ASSESSMENT.— 

11 (1) IN GENERAL.—Not later than 180 days after 

12 the date of enactment of this Act, the Comptroller 

13 General of the United States shall initiate an assess14 ment of the water storage pricing formulas of the 

15 Corps of Engineers, which shall include an assessment 

16 of— 

17 (A) existing water storage pricing formulas 

18 of the Corps of Engineers, in particular whether 

19 those formulas produce water storage costs for 

20 some beneficiaries that are greatly disparate 

21 from the costs of other beneficiaries; and 

22 (B) whether equitable water storage pricing 

23 formulas could lessen the disparate impact and 

24 produce more affordable water storage for poten25 tial beneficiaries. 
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1 (2) REPORT.—The Comptroller General of the 

2 United States shall submit to Congress a report on 

3 the assessment carried out under paragraph (1). 

4 SEC. 2017. CLARIFICATION OF PREVIOUSLY AUTHORIZED 

5 WORK. 

6 (a) IN GENERAL.—The Secretary may carry out meas7 ures to improve fish species habitat within the footprint and 

8 downstream of a water resources project constructed by the 

9 Secretary that includes a fish hatchery if the Secretary— 

10 (1) has been explicitly authorized to compensate 

11 for fish losses associated with the project; and 

12 (2) determines that the measures are— 

13 (A) feasible; 

14 (B) consistent with authorized project pur15 poses and the fish hatchery; and 

16 (C) in the public interest. 

17 (b) COST SHARING.— 

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

19 non-Federal interest shall contribute 35 percent of the 

20 total cost of carrying out activities under this section, 

21 including the costs relating to the provision or acqui22 sition of required land, easements, rights-of-way, 

23 dredged material disposal areas, and relocations. 

24 (2) OPERATION AND MAINTENANCE.—The non25 Federal interest shall contribute 100 percent of the 
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1 costs of operation, maintenance, replacement, repair, 

2 and rehabilitation of a project constructed under this 

3 section. 

4 (c) AUTHORIZATION OF APPROPRIATIONS.—For each 

5 fiscal year, there is authorized to be appropriated to carry 

6 out this section $30,000,000. 

7 SEC. 2018. CONSIDERATION OF FEDERAL LAND IN FEASI8 BILITY STUDIES. 

9 At the request of the non-Federal interest, the Secretary 

10 shall include as part of a regional or watershed study any 

11 Federal land that is located within the geographic scope of 

12 that study. 

13 SEC. 2019. PLANNING ASSISTANCE TO STATES. 

14 Section 22 of the Water Resources Development Act of 

15 1974 (42 U.S.C. 1962d–16) is amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (1)— 

18 (i) by inserting ‘‘or other stakeholder 

19 working with a State’’ after ‘‘cooperate with 

20 any State’’; and 

21 (ii) by inserting ‘‘, including plans to 

22 comprehensively address water resources 

23 challenges,’’ after ‘‘of such State’’; and 

24 (B) in paragraph (2)(A), by striking ‘‘, at 

25 Federal expense,’’; 
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1 (2) in subsection (b)— 

2 (A) in paragraph (1), by striking ‘‘sub3 section (a)(1)’’ each place it appears and insert4 ing ‘‘subsection (a)’’; 

5 (B) by redesignating paragraphs (2) and 

6 (3) as paragraphs (3) and (4), respectively; and 

7 (C) by inserting after paragraph (1) the fol8 lowing: 

9 ‘‘(2) CONTRIBUTED FUNDS.—The Secretary may 

10 accept and expend funds in excess of the fees estab11 lished under paragraph (1) that are provided by a 

12 State or other non-Federal public body for assistance 

13 under this section.’’ ; and 

14 (3) in subsection (c)— 

15 (A) in paragraph (1)— 

16 (i) by striking ‘‘$10,000,000’’ and in17 serting ‘‘$30,000,000’’; and 

18 (ii) by striking ‘‘$2,000,000’’ and in19 serting ‘‘$5,000,000 in Federal funds’’; and 

20 (B) in paragraph (2), by striking 

21 ‘‘$5,000,000’’ and inserting ‘‘$15,000,000’’. 

22 SEC. 2020. VEGETATION MANAGEMENT POLICY. 

23 (a) DEFINITION OF NATIONAL GUIDELINES.—In this 

24 section, the term ‘‘national guidelines’’ means the Corps of 
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1 Engineers policy guidelines for management of vegetation 

2 on levees, including— 

3 (1) Engineering Technical Letter 1110–2–571 

4 entitled ‘‘Guidelines for Landscape Planting and 

5 Vegetation Management at Levees, Floodwalls, Em6 bankment Dams, and Appurtenant Structures’’ and 

7 adopted April 10, 2009; and 

8 (2) the draft policy guidance letter entitled 

9 ‘‘Process for Requesting a Variance from Vegetation 

10 Standards for Levees and Floodwalls’’ (77 Fed. Reg. 

11 9637 (Feb. 17, 2012)). 

12 (b) REVIEW.—Not later than 180 days after the date 

13 of enactment of this Act, the Secretary shall carry out a 

14 comprehensive review of the national guidelines in order to 

15 determine whether current Federal policy relating to levee 

16 vegetation is appropriate for all regions of the United 

17 States. 

18 (c) FACTORS.— 

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

20 the Secretary shall consider— 

21 (A) the varied interests and responsibilities 

22 in managing flood risks, including the need— 

23 (i) to provide for levee safety with lim24 ited resources; and 
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1 (ii) to ensure that levee safety invest2 ments minimize environmental impacts and 

3 provide corresponding public safety benefits; 

4 (B) the levee safety benefits that can be pro5 vided by woody vegetation; 

6 (C) the preservation, protection, and en7 hancement of natural resources, including— 

8 (i) the benefit of vegetation on levees in 

9 providing habitat for endangered, threat10 ened, and candidate species; and 

11 (ii) the impact of removing levee vege12 tation on compliance with other regulatory 

13 requirements; 

14 (D) protecting the rights of Indian tribes 

15 pursuant to treaties and statutes; 

16 (E) the available science and the historical 

17 record regarding the link between vegetation on 

18 levees and flood risk; 

19 (F) the avoidance of actions requiring sig20 nificant economic costs and environmental im21 pacts; and 

22 (G) other factors relating to the factors de23 scribed in subparagraphs (A) through (F) identi24 fied in public comments that the Secretary deter25 mines to be appropriate. 
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1 (2) VARIANCE CONSIDERATIONS.— 

2 (A) IN GENERAL.—In carrying out the re3 view, the Secretary shall specifically consider 

4 whether the national guidelines can be amended 

5 to promote and allow for consideration of 

6 variances from national guidelines on a State7 wide, tribal, regional, or watershed basis, includ8 ing variances based on— 

9 (i) soil conditions; 

10 (ii) hydrologic factors; 

11 (iii) vegetation patterns and character12 istics; 

13 (iv) environmental resources, including 

14 endangered, threatened, or candidate species 

15 and related regulatory requirements; 

16 (v) levee performance history, includ17 ing historical information on original con18 struction and subsequent operation and 

19 maintenance activities; 

20 (vi) any effects on water supply; 

21 (vii) any scientific evidence on the link 

22 between levee vegetation and levee safety; 

23 (viii) institutional considerations, in24 cluding implementation challenges; 
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1 (ix) the availability of limited funds 

2 for levee construction and rehabilitation; 

3 (x) the economic and environmental 

4 costs of removing woody vegetation on lev5 ees; and 

6 (xi) other relevant factors identified in 

7 public comments that the Secretary deter8 mines to be appropriate. 

9 (B) SCOPE.—The scope of a variance ap10 proved by the Secretary may include a complete 

11 exemption to national guidelines, as the Sec12 retary determines to be necessary. 

13 (d) COOPERATION AND CONSULTATION; RECOMMENDA14 TIONS.— 

15 (1) IN GENERAL.—The Secretary shall carry out 

16 the review under this section in consultation with 

17 other applicable Federal agencies, representatives of 

18 State, regional, local, and tribal governments, appro19 priate nongovernmental organizations, and the pub20 lic. 

21 (2) RECOMMENDATIONS.—The Chief of Engineers 

22 and any State, tribal, regional, or local entity may 

23 submit to the Secretary any recommendations for 

24 vegetation management policies for levees that con25 form with Federal and State laws, including rec-
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1 ommendations relating to the review of national 

2 guidelines under subsection (b) and the consideration 

3 of variances under subsection (c)(2). 

4 (e) PEER REVIEW.— 

5 (1) IN GENERAL.—As part of the review, the Sec6 retary shall solicit and consider the views of the Na7 tional Academy of Engineering and the National 

8 Academy of Sciences on the engineering, environ9 mental, and institutional considerations underlying 

10 the national guidelines, including the factors de11 scribed in subsection (c) and any information ob12 tained by the Secretary under subsection (d). 

13 (2) AVAILABILITY OF VIEWS.—The views of the 

14 National Academy of Engineering and the National 

15 Academy of Sciences obtained under paragraph (1) 

16 shall be— 

17 (A) made available to the public; and 

18 (B) included in supporting materials issued 

19 in connection with the revised national guide20 lines required under subsection (f). 

21 (f) REVISION OF NATIONAL GUIDELINES.— 

22 (1) IN GENERAL.—Not later than 2 years after 

23 the date of enactment of this Act, the Secretary 

24 shall— 
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1 (A) revise the national guidelines based on 

2 the results of the review, including— 

3 (i) recommendations received as part 

4 of the consultation described in subsection 

5 (d)(1); and 

6 (ii) the results of the peer review con7 ducted under subsection (e); and 

8 (B) submit to Congress a report that con9 tains a summary of the activities of the Sec10 retary and a description of the findings of the 

11 Secretary under this section. 

12 (2) CONTENT; INCORPORATION INTO MANUAL.— 

13 The revised national guidelines shall— 

14 (A) provide a practical, flexible process for 

15 approving Statewide, tribal, regional, or water16 shed variances from the national guidelines 

17 that— 

18 (i) reflect due consideration of the fac19 tors described in subsection (c); and 

20 (ii) incorporate State, tribal, and re21 gional vegetation management guidelines 

22 for specific areas that have been adopted 

23 through a formal public process; and 

24 (B) be incorporated into the manual pro25 posed under section 5(c) of the Act entitled ‘‘An 
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1 Act authorizing the construction of certain pub2 lic works on rivers and harbors for flood control, 

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

4 1941 (33 U.S.C. 701n(c)). 

5 (3) FAILURE TO MEET DEADLINES.—If the Sec6 retary fails to submit a report by the required dead7 line under this subsection, the Secretary shall submit 

8 to the Committee on Environment and Public Works 

9 of the Senate and the Committee on Transportation 

10 and Infrastructure of the House of Representatives a 

11 detailed explanation of— 

12 (A) why the deadline was missed; 

13 (B) solutions needed to meet the deadline; 

14 and 

15 (C) a projected date for submission of the 

16 report. 

17 (g) CONTINUATION OF WORK.—Concurrent with the 

18 completion of the requirements of this section, the Secretary 

19 shall proceed without interruption or delay with those ongo20 ing or programmed projects and studies, or elements of 

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

22 variance policy. 

23 (h) INTERIM ACTIONS.— 

24 (1) IN GENERAL.—Until the date on which revi25 sions to the national guidelines are adopted in ac-
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1 cordance with subsection (f), the Secretary shall not 

2 require the removal of existing vegetation as a condi3 tion or requirement for any approval or funding of 

4 a project, or any other action, unless the specific vege5 tation has been demonstrated to present an unaccept6 able safety risk. 

7 (2) REVISIONS.—Beginning on the date on which 

8 the revisions to the national guidelines are adopted in 

9 accordance with subsection (f), the Secretary shall 

10 consider, on request of an affected entity, any pre11 vious action of the Corps of Engineers in which the 

12 outcome was affected by the former national guide13 lines. 

14 SEC. 2021. LEVEE CERTIFICATIONS. 

15 (a) IMPLEMENTATION OF FLOOD PROTECTION STRUC16 TURE ACCREDITATION TASK FORCE.—In carrying out sec17 tion 100226 of the Biggert-Waters Flood Insurance Reform 

18 Act of 2012 (42 U.S.C. 4101 note; 126 Stat. 942), the Sec19 retary shall— 

20 (1) ensure that at least 1 program activity car21 ried out under the inspection of completed works pro22 gram of the Corps of Engineers provides adequate in23 formation to the Secretary to reach a levee accredita24 tion decision for each requirement under section 65.10 
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1 of title 44, Code of Federal Regulations (or successor 

2 regulation); and 

3 (2) to the maximum extent practicable, carry out 

4 activities under the inspection of completed works 

5 program of the Corps of Engineers in alignment with 

6 the schedule established for the national flood insur7 ance program established under chapter 1 of the Na8 tional Flood Insurance Act of 1968 (42 U.S.C. 4011 

9 et seq.). 

10 (b) ACCELERATED LEVEE SYSTEM EVALUATIONS AND

11 CERTIFICATIONS.— 

12 (1) IN GENERAL.—On receipt of a request from 

13 a non-Federal interest, the Secretary may carry out 

14 a levee system evaluation and certification of a feder15 ally authorized levee for purposes of the national flood 

16 insurance program established under chapter 1 of the 

17 National Flood Insurance Act of 1968 (42 U.S.C. 

18 4011 et seq.) if the evaluation and certification will 

19 be carried out earlier than such an evaluation and 

20 certification would be carried out under subsection 

21 (a). 

22 (2) REQUIREMENTS.—A levee system evaluation 

23 and certification under paragraph (1) shall— 

24 (A) at a minimum, comply with section 

25 65.10 of title 44, Code of Federal Regulations (as 
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1 in effect on the date of enactment of this Act); 

2 and 

3 (B) be carried out in accordance with such 

4 procedures as the Secretary, in consultation with 

5 the Director of the Federal Emergency Manage6 ment Agency, may establish. 

7 (3) COST SHARING.— 

8 (A) NON-FEDERAL SHARE.—Subject to sub9 paragraph (B), the non-Federal share of the cost 

10 of carrying out a levee system evaluation and 

11 certification under this subsection shall be 35 

12 percent. 

13 (B) ADJUSTMENT.—The Secretary shall ad14 just the non-Federal share of the cost of carrying 

15 out a levee system evaluation and certification 

16 under this subsection in accordance with section 

17 103(m) of the Water Resources Development Act 

18 of 1986 (33 U.S.C. 2213(m)). 

19 (4) APPLICATION.—Nothing in this subsection af20 fects the requirement under section 100226(b)(2) of 

21 the Biggert-Waters Flood Insurance Reform Act of 

22 2012 (42 U.S.C. 4101 note; 126 Stat. 942). 
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1 SEC. 2022. RESTORATION OF FLOOD AND HURRICANE 

2 STORM DAMAGE REDUCTION PROJECTS. 

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

4 measures necessary to repair or restore federally authorized 

5 flood and hurricane and storm damage reduction projects 

6 constructed by the Corps of Engineers to authorized levels 

7 (as of the date of enactment of this Act) of protection for 

8 reasons including settlement, subsidence, sea level rise, and 

9 new datum, if the Secretary determines the necessary work 

10 is technically feasible, environmentally acceptable, and eco11 nomically justified. 

12 (b) COST SHARE.—The non-Federal share of the cost 

13 of construction of a project carried out under this section 

14 shall be determined as provided in subsections (a) through 

15 (d) of section 103 of the Water Resources Development Act 

16 of 1986 (33 U.S.C. 2213). 

17 (c) OPERATIONS AND MAINTENANCE.—The non-Fed18 eral share of the cost of operations, maintenance, repair, 

19 replacement, and rehabilitation for a project carried out 

20 under this section shall be 100 percent. 

21 (d) ELIGIBILITY OF PROJECTS TRANSFERRED TO NON22 FEDERAL INTEREST.—The Secretary may carry out meas23 ures described in subsection (a) on a water resources project, 

24 separable element of a project, or functional component of 

25 a project that has been transferred to the non-Federal inter26 est. 
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1 (e) REPORT TO CONGRESS.—Not later than 8 years 

2 after the date of enactment of this Act, the Secretary shall 

3 submit to the Committee on Environment and Public Works 

4 of the Senate and the Committee on Transportation and 

5 Infrastructure of the House of Representatives a report on 

6 the implementation of this section, including— 

7 (1) any recommendations relating to the contin8 ued need for the authority provided in this section; 

9 (2) a description of the measures carried out 

10 under this section; 

11 (3) any lessons learned relating to the measures 

12 implemented under this section; and 

13 (4) best practices for carrying out measures to 

14 restore flood and hurricane and storm damage reduc15 tion projects. 

16 (f) TERMINATION OF AUTHORITY.—The authority to 

17 carry out a measure under this section terminates on the 

18 date that is 10 years after the date of enactment of this 

19 Act. 

20 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to the Secretary to carry out 

22 this section $250,000,000. 
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1 SEC. 2023. OPERATION AND MAINTENANCE OF CERTAIN 

2 PROJECTS. 

3 The Secretary may assume operation and mainte4 nance activities for a navigation channel that is deepened 

5 by a non-Federal interest prior to December 31, 2012, if— 

6 (1) the Secretary determines that the require7 ments under paragraphs (2) and (3) of section 204(f) 

8 of the Water Resources Development Act of 1986 (33 

9 U.S.C. 2232(f)) are met; 

10 (2) the Secretary determines that the activities 

11 carried out by the non-Federal interest in deepening 

12 the navigation channel are economically justified and 

13 environmentally acceptable; and 

14 (3) the deepening activities have been carried out 

15 on a Federal navigation channel that— 

16 (A) exists as of the date of enactment of this 

17 Act; and 

18 (B) has been authorized by Congress. 

19 SEC. 2024. DREDGING STUDY. 

20 (a) IN GENERAL.—The Secretary, in conjunction with 

21 other relevant Federal agencies and applicable non-Federal 

22 interests, shall carry out a study— 

23 (1) to compare domestic and international 

24 dredging markets, including costs, technologies, and 

25 management approaches used in each respective mar-
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1 ket, and determine the impacts of those markets on 

2 dredging needs and practices in the United States; 

3 (2) to analyze past and existing practices, tech4 nologies, and management approaches used in dredg5 ing in the United States; and 

6 (3) to develop recommendations relating to the 

7 best techniques, practices, and management ap8 proaches for dredging in the United States. 

9 (b) PURPOSES.—The purposes of the study under this 

10 section are— 

11 (1) the identification of the best techniques, 

12 methods, and technologies for dredging, including the 

13 evaluation of the feasibility, cost, and benefits of— 

14 (A) new dredging technologies; and 

15 (B) improved dredging practices and tech16 niques; 

17 (2) the appraisal of the needs of the United 

18 States for dredging, including the need to increase the 

19 size of private and Corps of Engineers dredging fleets 

20 to meet demands for additional construction or main21 tenance dredging needed as of the date of enactment 

22 of this Act and in the subsequent 20 years; 

23 (3) the identification of any impediments to 

24 dredging, including any recommendations of appro-
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1 priate alternatives for responding to those impedi2 ments; 

3 (4) the assessment, including any recommenda4 tions of appropriate alternatives, of the adequacy and 

5 effectiveness of— 

6 (A) the economic, engineering, and environ7 mental methods, models, and analyses used by 

8 the Chief of Engineers and private dredging op9 erations for dredging; and 

10 (B) the current cost structure of construc11 tion contracts entered into by the Chief of Engi12 neers; 

13 (5) the evaluation of the efficiency and effective14 ness of past, current, and alternative dredging prac15 tices and alternatives to dredging, including agitation 

16 dredging; and 

17 (6) the identification of innovative techniques 

18 and cost-effective methods to expand regional sedi19 ment management efforts, including the placement of 

20 dredged sediment within river diversions to accelerate 

21 the creation of wetlands. 

22 (c) STUDY TEAM.— 

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

24 a study team to assist the Secretary in planning, car-
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1 rying out, and reporting on the results of the study 

2 under this section. 

3 (2) STUDY TEAM.—The study team established 

4 pursuant to paragraph (1) shall— 

5 (A) be appointed by the Secretary; and 

6 (B) represent a broad spectrum of experts 

7 in the field of dredging and representatives of 

8 relevant State agencies and relevant non-Federal 

9 interests. 

10 (d) PUBLIC COMMENT PERIOD.—The Secretary 

11 shall— 

12 (1) make available to the public, including on 

13 the Internet, all draft and final study findings under 

14 this section; and 

15 (2) allow for a public comment period of not less 

16 than 30 days on any draft study findings prior to 

17 issuing final study findings. 

18 (e) REPORT TO CONGRESS.—Not later than 2 years 

19 after the date of enactment of this Act, and subject to avail20 able appropriations, the Secretary, in consultation with the 

21 study team established under subsection (c), shall submit 

22 a detailed report on the results of the study to the Com23 mittee on Environment and Public Works of the Senate and 

24 the Committee on Transportation and Infrastructure of the 

25 House of Representatives. 
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1 (f) FAILURE TO MEET DEADLINES.—If the Secretary 

2 does not complete the study under this section and submit 

3 a report to Congress under subsection (e) on or before the 

4 deadline described in that subsection, the Secretary shall 

5 notify Congress and describe why the study was not com6 pleted. 

7 SEC. 2025. NON-FEDERAL PROJECT IMPLEMENTATION 

8 PILOT PROGRAM. 

9 (a) IN GENERAL.—Not later than 180 days after the 

10 date of enactment of this Act, the Secretary shall establish 

11 and implement a pilot program to evaluate the cost-effec12 tiveness and project delivery efficiency of allowing non-Fed13 eral interests to carry out flood risk management, hurricane 

14 and storm damage reduction, coastal harbor and channel 

15 inland navigation, and aquatic ecosystem restoration 

16 projects. 

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

18 are— 

19 (1) to identify project delivery and cost-saving 

20 alternatives that reduce the backlog of authorized 

21 Corps of Engineers projects; 

22 (2) to evaluate the technical, financial, and orga23 nizational efficiencies of a non-Federal interest car24 rying out the design, execution, management, and 

25 construction of 1 or more projects; and 
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1 (3) to evaluate alternatives for the decentraliza2 tion of the project management, design, and construc3 tion for authorized Corps of Engineers water re4 sources projects. 

5 (c) ADMINISTRATION.— 

6 (1) IN GENERAL.—In carrying out the pilot pro7 gram, the Secretary shall— 

8 (A) identify a total of not more than 15 

9 projects for flood risk management, hurricane 

10 and storm damage reduction (including levees, 

11 floodwalls, flood control channels, and water con12 trol structures), coastal harbor and channels, in13 land navigation, and aquatic ecosystem restora14 tion that have been authorized for construction 

15 prior to the date of enactment of this Act, in16 cluding— 

17 (i) not more than 12 projects that— 

18 (I)(aa) have received Federal 

19 funds prior to the date of enactment of 

20 this Act; or 

21 (bb) for more than 2 consecutive 

22 fiscal years, have an unobligated fund23 ing balance for that project in the 

24 Corps of Engineers construction ac25 count; and 
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1 (II) to the maximum extent prac2 ticable, are located in each of the divi3 sions of the Corps of Engineers; and 

4 (ii) not more than 3 projects that have 

5 not received Federal funds in the period be6 ginning on the date on which the project 

7 was authorized and ending on the date of 

8 enactment of this Act; 

9 (B) notify the Committee on Environment 

10 and Public Works of the Senate and the Com11 mittee on Transportation and Infrastructure of 

12 the House of Representatives on the identifica13 tion of each project under the pilot program; 

14 (C) in collaboration with the non-Federal 

15 interest, develop a detailed project management 

16 plan for each identified project that outlines the 

17 scope, budget, design, and construction resource 

18 requirements necessary for the non-Federal inter19 est to execute the project, or a separable element 

20 of the project; 

21 (D) on the request of the non-Federal inter22 est, enter into a project partnership agreement 

23 with the non-Federal interest for the non-Federal 

24 interest to provide full project management con25 trol for construction of the project, or a separable 
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1 element of the project, in accordance with plans 

2 approved by the Secretary; 

3 (E) following execution of the project part4 nership agreement, transfer to the non-Federal 

5 interest to carry out construction of the project, 

6 or a separable element of the project— 

7 (i) if applicable, the balance of the un8 obligated amounts appropriated for the 

9 project, except that the Secretary shall re10 tain sufficient amounts for the Corps of En11 gineers to carry out any responsibilities of 

12 the Corps of Engineers relating to the 

13 project and pilot program; and 

14 (ii) additional amounts, as determined 

15 by the Secretary, from amounts made avail16 able under subsection (h), except that the 

17 total amount transferred to the non-Federal 

18 interest shall not exceed the updated esti19 mate of the Federal share of the cost of con20 struction, including any required design; 

21 and 

22 (F) regularly monitor and audit each 

23 project being constructed by a non-Federal inter24 est under this section to ensure that the construc25 tion activities are carried out in compliance 
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1 with the plans approved by the Secretary and 

2 that the construction costs are reasonable. 

3 (2) DETAILED PROJECT SCHEDULE.—Not later 

4 than 180 days after entering into an agreement under 

5 paragraph (1)(D), each non-Federal interest, to the 

6 maximum extent practicable, shall submit to the Sec7 retary a detailed project schedule, based on estimated 

8 funding levels, that lists all deadlines for each mile9 stone in the construction of the project. 

10 (3) TECHNICAL ASSISTANCE.—On the request of 

11 a non-Federal interest, the Secretary may provide 

12 technical assistance to the non-Federal interest, if the 

13 non-Federal interest contracts with and compensates 

14 the Secretary for the technical assistance relating to— 

15 (A) any study, engineering activity, and de16 sign activity for construction carried out by the 

17 non-Federal interest under this section; and 

18 (B) expeditiously obtaining any permits 

19 necessary for the project. 

20 (d) COST-SHARE.—Nothing in this section affects the 

21 cost-sharing requirement applicable on the day before the 

22 date of enactment of this Act to a project carried out under 

23 this section. 

24 (e) REPORT.— 
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1 (1) IN GENERAL.—Not later than 3 years after 

2 the date of enactment of this Act, the Secretary shall 

3 submit to the Committee on Environment and Public 

4 Works of the Senate and the Committee on Transpor5 tation and Infrastructure of the House of Representa6 tives a report detailing the results of the pilot pro7 gram carried out under this section, including— 

8 (A) a description of the progress of non-Fed9 eral interests in meeting milestones in detailed 

10 project schedules developed pursuant to sub11 section (c)(2); and 

12 (B) any recommendations of the Secretary 

13 concerning whether the program or any compo14 nent of the program should be implemented on a 

15 national basis. 

16 (2) UPDATE.—Not later than 5 years after the 

17 date of enactment of this Act, the Secretary shall sub18 mit to the Committee on Environment and Public 

19 Works of the Senate and the Committee on Transpor20 tation and Infrastructure of the House of Representa21 tives an update of the report described in paragraph 

22 (1). 

23 (3) FAILURE TO MEET DEADLINE.—If the Sec24 retary fails to submit a report by the required dead25 line under this subsection, the Secretary shall submit 
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1 to the Committee on Environment and Public Works 

2 of the Senate and the Committee on Transportation 

3 Infrastructure of the House of Representatives a de4 tailed explanation of why the deadline was missed 

5 and a projected date for submission of the report. 

6 (f) ADMINISTRATION.—All laws and regulations that 

7 would apply to the Secretary if the Secretary were carrying 

8 out the project shall apply to a non-Federal interest car9 rying out a project under this section. 

10 (g) TERMINATION OF AUTHORITY.—The authority to 

11 commence a project under this section terminates on the 

12 date that is 5 years after the date of enactment of this Act. 

13 (h) AUTHORIZATION OF APPROPRIATIONS.—In addi14 tion to any amounts appropriated for a specific project, 

15 there is authorized to be appropriated to the Secretary to 

16 carry out the pilot program under this section, including 

17 the costs of administration of the Secretary, $25,000,000 for 

18 each of fiscal years 2014 through 2018. 

19 SEC. 2026. NON-FEDERAL IMPLEMENTATION OF FEASI20 BILITY STUDIES. 

21 (a) IN GENERAL.—Not later than 180 days after the 

22 date of enactment of this Act, the Secretary shall establish 

23 and implement a pilot program to evaluate the cost-effec24 tiveness and project delivery efficiency of allowing non-Fed25 eral interests to carry out feasibility studies for flood risk 
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1 management, hurricane and storm damage reduction, 

2 aquatic ecosystem restoration, and coastal harbor and chan3 nel and inland navigation. 

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

5 are— 

6 (1) to identify project delivery and cost-saving 

7 alternatives to the existing feasibility study process; 

8 (2) to evaluate the technical, financial, and orga9 nizational efficiencies of a non-Federal interest car10 rying out a feasibility study of 1 or more projects; 

11 and 

12 (3) to evaluate alternatives for the decentraliza13 tion of the project planning, management, and oper14 ational decisionmaking process of the Corps of Engi15 neers. 

16 (c) ADMINISTRATION.— 

17 (1) IN GENERAL.—On the request of a non-Fed18 eral interest, the Secretary may enter into an agree19 ment with the non-Federal interest for the non-Fed20 eral interest to provide full project management con21 trol of a feasibility study for a project for— 

22 (A) flood risk management; 

23 (B) hurricane and storm damage reduction, 

24 including levees, floodwalls, flood control chan25 nels, and water control structures; 
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1 (C) coastal harbor and channel and inland 

2 navigation; and 

3 (D) aquatic ecosystem restoration. 

4 (2) USE OF NON-FEDERAL-FUNDS.— 

5 (A) IN GENERAL.—A non-Federal interest 

6 that has entered into an agreement with the Sec7 retary pursuant to paragraph (1) may use non8 Federal funds to carry out the feasibility study. 

9 (B) CREDIT.—The Secretary shall credit to10 wards the non-Federal share of the cost of con11 struction of a project for which a feasibility 

12 study is carried out under this section an 

13 amount equal to the portion of the cost of devel14 oping the study that would have been the respon15 sibility of the Secretary, if the study were car16 ried out by the Secretary, subject to the condi17 tions that— 

18 (i) non-Federal funds were used to 

19 carry out the activities that would have 

20 been the responsibility of the Secretary; 

21 (ii) the Secretary determines that the 

22 feasibility study complies with all applica23 ble Federal laws and regulations; and 

24 (iii) the project is authorized by any 

25 provision of Federal law enacted after the 
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1 date on which an agreement is entered into 

2 under paragraph (1). 

3 (3) TRANSFER OF FUNDS.— 

4 (A) IN GENERAL.—After the date on which 

5 an agreement is executed pursuant to paragraph 

6 (1), the Secretary may transfer to the non-Fed7 eral interest to carry out the feasibility study— 

8 (i) if applicable, the balance of any 

9 unobligated amounts appropriated for the 

10 study, except that the Secretary shall retain 

11 sufficient amounts for the Corps of Engi12 neers to carry out any responsibilities of the 

13 Corps of Engineers relating to the project 

14 and pilot program; and 

15 (ii) additional amounts, as determined 

16 by the Secretary, from amounts made avail17 able under subsection (h), except that the 

18 total amount transferred to the non-Federal 

19 interest shall not exceed the updated esti20 mate of the Federal share of the cost of the 

21 feasibility study. 

22 (B) ADMINISTRATION.—The Secretary shall 

23 include such provisions as the Secretary deter24 mines to be necessary in an agreement under 

25 paragraph (1) to ensure that a non-Federal in-
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1 terest receiving Federal funds under this para2 graph— 

3 (i) has the necessary qualifications to 

4 administer those funds; and 

5 (ii) will comply with all applicable 

6 Federal laws (including regulations) relat7 ing to the use of those funds. 

8 (4) NOTIFICATION.—The Secretary shall notify 

9 the Committee on Environment and Public Works of 

10 the Senate and the Committee on Transportation and 

11 Infrastructure of the House of Representatives on the 

12 initiation of each feasibility study under the pilot 

13 program. 

14 (5) AUDITING.—The Secretary shall regularly 

15 monitor and audit each feasibility study carried out 

16 by a non-Federal interest under this section to ensure 

17 that the use of any funds transferred under para18 graph (3) are used in compliance with the agreement 

19 signed under paragraph (1). 

20 (6) TECHNICAL ASSISTANCE.—On the request of 

21 a non-Federal interest, the Secretary may provide 

22 technical assistance to the non-Federal interest relat23 ing to any aspect of the feasibility study, if the non24 Federal interest contracts with the Secretary for the 
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1 technical assistance and compensates the Secretary for 

2 the technical assistance. 

3 (7) DETAILED PROJECT SCHEDULE.—Not later 

4 than 180 days after entering into an agreement under 

5 paragraph (1), each non-Federal interest, to the max6 imum extent practicable, shall submit to the Sec7 retary a detailed project schedule, based on full fund8 ing capability, that lists all deadlines for milestones 

9 relating to the feasibility study. 

10 (d) COST-SHARE.—Nothing in this section affects the 

11 cost-sharing requirement applicable on the day before the 

12 date of enactment of this Act to a feasibility study carried 

13 out under this section. 

14 (e) REPORT.— 

15 (1) IN GENERAL.—Not later than 2 years after 

16 the date of enactment of this Act, the Secretary shall 

17 submit to the Committee on Environment and Public 

18 Works of the Senate and the Committee on Transpor19 tation and Infrastructure of the House of Representa20 tives a report detailing the results of the pilot pro21 gram carried out under this section, including— 

22 (A) a description of the progress of the non23 Federal interests in meeting milestones in de24 tailed project schedules developed pursuant to 

25 subsection (c)(7); and 
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1 (B) any recommendations of the Secretary 

2 concerning whether the program or any compo3 nent of the program should be implemented on a 

4 national basis. 

5 (2) UPDATE.—Not later than 5 years after the 

6 date of enactment of this Act, the Secretary shall sub7 mit to the Committee on Environment and Public 

8 Works of the Senate and the Committee on Transpor9 tation and Infrastructure of the House of Representa10 tives an update of the report described in paragraph 

11 (1). 

12 (3) FAILURE TO MEET DEADLINE.—If the Sec13 retary fails to submit a report by the required dead14 line under this subsection, the Secretary shall submit 

15 to the Committee on Environment and Public Works 

16 of the Senate and the Committee on Transportation 

17 Infrastructure of the House of Representatives a de18 tailed explanation of why the deadline was missed 

19 and a projected date for submission of the report. 

20 (f) ADMINISTRATION.—All laws and regulations that 

21 would apply to the Secretary if the Secretary were carrying 

22 out the feasibility study shall apply to a non-Federal inter23 est carrying out a feasibility study under this section. 

24 (g) TERMINATION OF AUTHORITY.—The authority to 

25 commence a feasibility study under this section terminates 
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1 on the date that is 5 years after the date of enactment of 

2 this Act. 

3 (h) AUTHORIZATION OF APPROPRIATIONS.—In addi4 tion to any amounts appropriated for a specific project, 

5 there is authorized to be appropriated to the Secretary to 

6 carry out the pilot program under this section, including 

7 the costs of administration of the Secretary, $25,000,000 for 

8 each of fiscal years 2014 through 2018. 

9 SEC. 2027. TRIBAL PARTNERSHIP PROGRAM. 

10 Section 203 of the Water Resources Development Act 

11 of 2000 (33 U.S.C. 2269) is amended— 

12 (1) in subsection (d)(1)(B)— 

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

14 the following: 

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

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

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

18 180 days after the date of enactment of the 

19 Water Resources Development Act of 2013, 

20 the Secretary shall issue guidance on the 

21 procedures described in clause (i).’’; and 

22 (2) in subsection (e), by striking ‘‘2012’’ and in23 serting ‘‘2023’’. 
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1 SEC. 2028. COOPERATIVE AGREEMENTS WITH COLUMBIA 

2 RIVER BASIN INDIAN TRIBES. 

3 The Secretary may enter into a cooperative agreement 

4 with 1 or more federally recognized Indian tribes (or a des5 ignated representative of the Indian tribes) that are located, 

6 in whole or in part, within the boundaries of the Columbia 

7 River Basin to carry out authorized activities within the 

8 Columbia River Basin to protect fish, wildlife, water qual9 ity, and cultural resources. 

10 SEC. 2029. MILITARY MUNITIONS RESPONSE ACTIONS AT 

11 CIVIL WORKS SHORELINE PROTECTION 

12 PROJECTS. 

13 (a) IN GENERAL.—The Secretary may implement any 

14 response action the Secretary determines to be necessary at 

15 a site where— 

16 (1) the Secretary has carried out a project under 

17 civil works authority of the Secretary that includes 

18 placing sand on a beach; 

19 (2) as a result of the project described in para20 graph (1), military munitions that were originally 

21 released as a result of Department of Defense activi22 ties are deposited on the beach, posing a threat to 

23 human health or the environment. 

24 (b) RESPONSE ACTION FUNDING.—A response action 

25 described in subsection (a) shall be funded from amounts 
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1 made available to the agency within the Department of De2 fense responsible for the original release of the munitions. 

3 SEC. 2030. BEACH NOURISHMENT. 

4 Section 156 of the Water Resources Development Act 

5 of 1976 (42 U.S.C. 1962d–5f) is amended to read as follows: 

6 ‘‘SEC. 156. BEACH NOURISHMENT. 

7 ‘‘(a) IN GENERAL.—Subject to subsection (b)(2)(A), 

8 the Secretary of the Army, acting through the Chief of Engi9 neers, may provide periodic beach nourishment for each 

10 water resources development project for which that nourish11 ment has been authorized for an additional period of time, 

12 as determined by the Secretary, subject to the condition that 

13 the additional period shall not exceed the later of— 

14 ‘‘(1) 50 years after the date on which the con15 struction of the project is initiated; or 

16 ‘‘(2) the date on which the last estimated peri17 odic nourishment for the project is to be carried out, 

18 as recommended in the applicable report of the Chief 

19 of Engineers. 

20 ‘‘(b) EXTENSION.— 

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graph (3), before the date on which the 50-year period 

23 referred to in subsection (a)(1) expires, the Secretary 

24 of the Army, acting through the Chief of Engineers— 
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1 ‘‘(A) may, at the request of the non-Federal 

2 interest and subject to the availability of appro3 priations, carry out a review of a nourishment 

4 project carried out under subsection (a) to evalu5 ate the feasibility of continuing Federal partici6 pation in the project for a period not to exceed 

7 15 years; and 

8 ‘‘(B) shall submit to Congress any rec9 ommendations of the Secretary relating to the re10 view. 

11 ‘‘(2) PLAN FOR REDUCING RISK TO PEOPLE AND

12 PROPERTY.— 

13 ‘‘(A) IN GENERAL.—The non-Federal inter14 est shall submit to the Secretary a plan for re15 ducing the risk to people and property during 

16 the life of the project. 

17 ‘‘(B) INCLUSION IN REPORT TO CON18 GRESS.—The Secretary shall submit to Congress 

19 the plan described in subparagraph (A) with the 

20 recommendations submitted in paragraph 

21 (1)(B). 

22 ‘‘(3) REVIEW COMMENCED WITHIN 2 YEARS OF

23 EXPIRATION OF 50-YEAR PERIOD.— 

24 ‘‘(A) IN GENERAL.—If the Secretary of the 

25 Army commences a review under paragraph (1) 
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1 not earlier than the period beginning on the date 

2 that is 2 years before the date on which the 50- 

3 year period referred to in subsection (a)(1) ex4 pires and ending on the date on which the 50- 

5 year period expires, the project shall remain au6 thorized after the expiration of the 50-year pe7 riod until the earlier of— 

8 ‘‘(i) 3 years after the expiration of the 

9 50-year period; or 

10 ‘‘(ii) the date on which a determina11 tion is made as to whether to extend Fed12 eral participation in the project in accord13 ance with paragraph (1). 

14 ‘‘(B) CALCULATION OF TIME PERIOD FOR

15 EXTENSION.—Notwithstanding clauses (i) and 

16 (ii) of subparagraph (A) and after a review 

17 under subparagraph (A) is completed, if a deter18 mination is made to extend Federal participa19 tion in the project in accordance with paragraph 

20 (1) for a period not to exceed 15 years, that pe21 riod shall begin on the date on which the deter22 mination is made.’’. 
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1 SEC. 2031. REGIONAL SEDIMENT MANAGEMENT. 

2 Section 204 of the Water Resources Development Act 

3 of 1992 (33 U.S.C. 2326) (as amended by section 2003(c)) 

4 is amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (1), by inserting ‘‘or used 

7 in’’ after ‘‘obtained through’’; and 

8 (B) in paragraph (3)(C), by inserting ‘‘for 

9 the purposes of improving environmental condi10 tions in marsh and littoral systems, stabilizing 

11 stream channels, enhancing shorelines, and sup12 porting State and local risk management adap13 tation strategies’’ before the period at the end; 

14 (2) in subsection (c)(1)(B)— 

15 (A) in clause (i), by striking ‘‘clause (ii)’’ 

16 and inserting ‘‘clauses (ii) and (iii)’’; 

17 (B) by redesignating clause (ii) as clause 

18 (iii); and 

19 (C) by inserting after clause (i) the fol20 lowing: 

21 ‘‘(ii) REDUCTION IN NON-FEDERAL

22 SHARE.—The Secretary may reduce the 

23 non-Federal share of the costs of construc24 tion of a project if the Secretary determines 

25 that, through the beneficial use of sediment 

26 at another Federal project, there will be an 
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1 associated reduction or avoidance of Federal 

2 costs.’’; 

3 (3) in subsection (d)— 

4 (A) by striking the subsection designation 

5 and heading and inserting the following: 

6 ‘‘(d) SELECTION OF DREDGED MATERIAL DISPOSAL

7 METHOD FOR PURPOSES RELATED TO ENVIRONMENTAL

8 RESTORATION OR STORM DAMAGE AND FLOOD REDUC9 TION.—’’; and 

10 (B) in paragraph (1), by striking ‘‘in rela11 tion to’’ and all that follows through the period 

12 at the end and inserting ‘‘in relation to— 

13 ‘‘(A) the environmental benefits, including 

14 the benefits to the aquatic environment to be de15 rived from the creation of wetlands and control 

16 of shoreline erosion; or 

17 ‘‘(B) the flood and storm damage and flood 

18 reduction benefits, including shoreline protection, 

19 protection against loss of life, and damage to im20 proved property.’’; and 

21 (4) in subsection (e), by striking paragraph (1) 

22 and inserting the following: 

23 ‘‘(1) cooperate with any State or group of States 

24 in the preparation of a comprehensive State or re-
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1 gional sediment management plan within the bound2 aries of the State or among States;’’. 

3 SEC. 2032. STUDY ACCELERATION. 

4 (a) FINDINGS.—Congress finds that— 

5 (1) delays in the completion of feasibility stud6 ies— 

7 (A) increase costs for the Federal Govern8 ment as well as State and local governments; 

9 and 

10 (B) delay the implementation of water re11 sources projects that provide critical benefits, in12 cluding reducing flood risk, maintaining com13 mercially important flood risk, and restoring 

14 vital ecosystems; and 

15 (2) the efforts undertaken by the Corps of Engi16 neers through the establishment of the ‘‘3–3–3’’ plan17 ning process should be continued. 

18 (b) ACCELERATION OF STUDIES.— 

19 (1) IN GENERAL.—Subject to paragraphs (2) and 

20 (3), a feasibility study initiated after the date of en21 actment of this Act shall— 

22 (A) be completed not later than 3 years 

23 after the date of initiation of the study; and 

24 (B) have a maximum Federal cost share of 

25 $3,000,000. 
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1 (2) ABILITY TO COMPLY.—On initiating a feasi2 bility study under paragraph (1), the Secretary 

3 shall— 

4 (A) certify that the study will comply with 

5 the requirements of paragraph (1); 

6 (B) for projects the Secretary determines to 

7 be too complex to comply with the requirements 

8 of paragraph (1)— 

9 (i) not less than 30 days after making 

10 a determination, notify the non-Federal in11 terest regarding the inability to comply; 

12 and 

13 (ii) provide a new projected timeline 

14 and cost; and 

15 (C) if the study conditions have changed 

16 such that scheduled timelines or study costs will 

17 not be met— 

18 (i) not later than 30 days after the 

19 study conditions change, notify the non20 Federal interest of those changed conditions; 

21 and 

22 (ii) present the non-Federal interest 

23 with a new timeline for completion and new 

24 projected study costs. 

25 (3) APPROPRIATIONS.— 
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1 (A) IN GENERAL.—All timeline and cost 

2 conditions under this section shall be subject to 

3 the Secretary receiving adequate appropriations 

4 for meeting study timeline and cost require5 ments. 

6 (B) NOTIFICATION.—Not later than 60 days 

7 after receiving appropriations, the Secretary 

8 shall notify the non-Federal interest of any 

9 changes to timelines or costs due to inadequate 

10 appropriations. 

11 (c) REPORT.—Not later than 18 months after the date 

12 of enactment of this Act and each year thereafter, the Sec13 retary shall submit to the Committee on Environment and 

14 Public Works of the Senate and the Committee on Transpor15 tation and Infrastructure of the House of Representatives 

16 a report that describes— 

17 (1) the status of the implementation of the ‘‘3– 

18 3–3’’ planning process, including the number of par19 ticipating projects; 

20 (2) the amount of time taken to complete all 

21 studies participating in the ‘‘3–3–3’’ planning proc22 ess; and 

23 (3) any recommendations for additional author24 ity necessary to support efforts to expedite the feasi25 bility study process for water resource projects. 
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1 SEC. 2033. PROJECT ACCELERATION. 

2 Section 2045 of the Water Resources Development Act 

3 of 2007 (33 U.S.C. 2348) is amended to read as follows: 

4 ‘‘SEC. 2045. PROJECT ACCELERATION. 

5 ‘‘(a) DEFINITIONS.—In this section: 

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

7 term ‘environmental impact statement’ means the de8 tailed statement of environmental impacts of water 

9 resource projects required to be prepared pursuant to 

10 the National Environmental Policy Act of 1969 (42 

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

12 ‘‘(2) ENVIRONMENTAL REVIEW PROCESS.— 

13 ‘‘(A) IN GENERAL.—The term ‘environ14 mental review process’ means the process of pre15 paring an environmental impact statement, en16 vironmental assessment, categorical exclusion, or 

17 other document under the National Environ18 mental Policy Act of 1969 (42 U.S.C. 4321 et 

19 seq.) for a water resource project. 

20 ‘‘(B) INCLUSIONS.—The term ‘environ21 mental review process’ includes the process for 

22 and completion of any environmental permit, 

23 approval, review, or study required for a water 

24 resource project under any Federal law other 

25 than the National Environmental Policy Act of 

26 1969 (42 U.S.C. 4321 et seq.). 
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1 ‘‘(3) FEDERAL JURISDICTIONAL AGENCY.—The 

2 term ‘Federal jurisdictional agency’ means a Federal 

3 agency with jurisdiction delegated by law, regulation, 

4 order, or otherwise over an approval or decision re5 quired for a water resource project under applicable 

6 Federal laws (including regulations). 

7 ‘‘(4) LEAD AGENCY.—The term ‘lead agency’ 

8 means the Corps of Engineers and, if applicable, any 

9 State, local, or tribal governmental entity serving as 

10 a joint lead agency pursuant to section 1506.3 of title 

11 40, Code of Federal Regulations (or a successor regu12 lation). 

13 ‘‘(5) WATER RESOURCE PROJECT.—The term 

14 ‘water resource project’ means a Corps of Engineers 

15 water resource project. 

16 ‘‘(b) POLICY.—The benefits of water resource projects 

17 designed and carried out in an economically and environ18 mentally sound manner are important to the economy and 

19 environment of the United States, and recommendations to 

20 Congress regarding those projects should be developed using 

21 coordinated and efficient review and cooperative efforts to 

22 prevent or quickly resolve disputes during the planning of 

23 those water resource projects. 

24 ‘‘(c) APPLICABILITY.— 
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1 ‘‘(1) IN GENERAL.—The project planning proce2 dures under this section apply to proposed projects 

3 initiated after the date of enactment of the Water Re4 sources Development Act of 2013 and for which the 

5 Secretary determines that— 

6 ‘‘(A) an environmental impact statement is 

7 required; or 

8 ‘‘(B) at the discretion of the Secretary, other 

9 water resource projects for which an environ10 mental review process document is required to be 

11 prepared. 

12 ‘‘(2) FLEXIBILITY.—Any authorities granted in 

13 this section may be exercised, and any requirements 

14 established under this section may be satisfied, for the 

15 planning of a water resource project, a class of those 

16 projects, or a program of those projects. 

17 ‘‘(3) LIST OF WATER RESOURCES DEVELOPMENT

18 PROJECTS.— 

19 ‘‘(A) IN GENERAL.—The Secretary shall an20 nually prepare, and make publicly available, a 

21 separate list of each study that the Secretary has 

22 determined— 

23 ‘‘(i) meets the standards described in 

24 paragraph (1); and 
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1 ‘‘(ii) does not have adequate funding to 

2 make substantial progress toward the com3 pletion of the planning activities for the 

4 water resource project. 

5 ‘‘(B) INCLUSIONS.—The Secretary shall in6 clude for each study on the list under subpara7 graph (A) a description of the estimated amounts 

8 necessary to make substantial progress on the 

9 study. 

10 ‘‘(4) IMPLEMENTATION GUIDANCE.—The Sec11 retary shall prepare, in consultation with the Council 

12 on Environmental Quality and other Federal agencies 

13 with jurisdiction over actions or resources that may 

14 be impacted by a water resource project, guidance 

15 documents that describe the coordinated review proc16 esses that the Secretary will use to implement this 

17 section for the planning of water resource projects, in 

18 accordance with the civil works program of the Corps 

19 of Engineers and all applicable law. 

20 ‘‘(d) WATER RESOURCE PROJECT REVIEW PROC21 ESS.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall develop 

23 and implement a coordinated review process for the 

24 development of water resource projects. 
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1 ‘‘(2) COORDINATED REVIEW.—The coordinated 

2 review process described in paragraph (1) shall re3 quire that any analysis, opinion, permit, license, 

4 statement, and approval issued or made by a Federal, 

5 State, or local governmental agency or an Indian 

6 tribe for the planning of a water resource project de7 scribed in subsection (b) be conducted, to the max8 imum extent practicable, concurrently with any other 

9 applicable governmental agency or Indian tribe. 

10 ‘‘(3) TIMING.—The coordinated review process 

11 under this subsection shall be completed not later 

12 than the date on which the Secretary, in consultation 

13 and concurrence with the agencies identified under 

14 subsection (e), establishes with respect to the water re15 source project. 

16 ‘‘(e) IDENTIFICATION OF JURISDICTIONAL AGEN17 CIES.—With respect to the development of each water re18 source project, the Secretary shall identify, as soon as prac19 ticable, all Federal, State, and local government agencies 

20 and Indian tribes that may— 

21 ‘‘(1) have jurisdiction over the water resource 

22 project; 

23 ‘‘(2) be required by law to conduct or issue a re24 view, analysis, or opinion for the water resource 

25 project; or 
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1 ‘‘(3) be required to make a determination on 

2 issuing a permit, license, or approval for the water 

3 resource project. 

4 ‘‘(f) STATE AUTHORITY.—If the coordinated review 

5 process is being implemented under this section by the Sec6 retary with respect to the planning of a water resource 

7 project described in subsection (c) within the boundaries of 

8 a State, the State, consistent with State law, may choose 

9 to participate in the process and to make subject to the proc10 ess all State agencies that— 

11 ‘‘(1) have jurisdiction over the water resource 

12 project; 

13 ‘‘(2) are required to conduct or issue a review, 

14 analysis, or opinion for the water resource project; or 

15 ‘‘(3) are required to make a determination on 

16 issuing a permit, license, or approval for the water 

17 resource project. 

18 ‘‘(g) LEAD AGENCIES.— 

19 ‘‘(1) FEDERAL LEAD AGENCY.—Subject to para20 graph (2), the Corps of Engineers shall be the lead 

21 Federal agency in the environmental review process 

22 for a water resource project. 

23 ‘‘(2) JOINT LEAD AGENCIES.— 

24 ‘‘(A) IN GENERAL.—At the discretion of the 

25 Secretary and subject to any applicable regula-
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1 tions under the National Environmental Policy 

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

3 the concurrence of the proposed joint lead agen4 cy, an agency other than the Corps of Engineers 

5 may serve as the joint lead agency. 

6 ‘‘(B) NON-FEDERAL INTEREST AS JOINT

7 LEAD AGENCY.—A non-Federal interest that is a 

8 State or local governmental entity— 

9 ‘‘(i) may, with the concurrence of the 

10 Secretary, serve as a joint lead agency with 

11 the Corps of Engineers for purposes of pre12 paring any environmental document under 

13 the National Environmental Policy Act of 

14 1969 (42 U.S.C. 4321 et seq.); and 

15 ‘‘(ii) may prepare any environmental 

16 review process document under the National 

17 Environmental Policy Act of 1969 (42 

18 U.S.C. 4321 et seq.) required in support of 

19 any action or approval by the Secretary 

20 if— 

21 ‘‘(I) the Secretary provides guid22 ance in the preparation process and 

23 independently evaluates that document 
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1 ‘‘(II) the non-Federal interest 

2 complies with all requirements appli3 cable to the Secretary under— 

4 ‘‘(aa) the National Environ5 mental Policy Act of 1969 (42 

6 U.S.C. 4321 et seq.); 

7 ‘‘(bb) any regulation imple8 menting that Act; and 

9 ‘‘(cc) any other applicable 

10 Federal law; and 

11 ‘‘(III) the Secretary approves and 

12 adopts the document before the Sec13 retary takes any subsequent action or 

14 makes any approval based on that doc15 ument, regardless of whether the action 

16 or approval of the Secretary results in 

17 Federal funding. 

18 ‘‘(3) DUTIES.—The Secretary shall ensure that— 

19 ‘‘(A) the non-Federal interest complies with 

20 all design and mitigation commitments made 

21 jointly by the Secretary and the non-Federal in22 terest in any environmental document prepared 

23 by the non-Federal interest in accordance with 

24 this subsection; and 
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1 ‘‘(B) any environmental document prepared 

2 by the non-Federal interest is appropriately sup3 plemented under paragraph (2)(B) to address 

4 any changes to the water resource project the 

5 Secretary determines are necessary. 

6 ‘‘(4) ADOPTION AND USE OF DOCUMENTS.—Any 

7 environmental document prepared in accordance with 

8 this subsection may be adopted or used by any Fed9 eral agency making any approval to the same extent 

10 that the Federal agency could adopt or use a docu11 ment prepared by another Federal agency under— 

12 ‘‘(A) the National Environmental Policy 

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

14 ‘‘(B) parts 1500 through 1508 of title 40, 

15 Code of Federal Regulations (or successor regula16 tions). 

17 ‘‘(5) ROLES AND RESPONSIBILITY OF LEAD

18 AGENCY.—With respect to the environmental review 

19 process for any water resource project, the lead agency 

20 shall have authority and responsibility— 

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

22 and proper and within the authority and re23 sponsibility of the lead agency to facilitate the 

24 expeditious resolution of the environmental re25 view process for the water resource project; and 
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1 ‘‘(B) to prepare or ensure that any required 

2 environmental impact statement or other envi3 ronmental review document for a water resource 

4 project required to be completed under the Na5 tional Environmental Policy Act of 1969 (42 

6 U.S.C. 4321 et seq.) is completed in accordance 

7 with this section and applicable Federal law. 

8 ‘‘(h) PARTICIPATING AND COOPERATING AGENCIES.— 

9 ‘‘(1) INVITATION.— 

10 ‘‘(A) IN GENERAL.—The lead agency shall 

11 identify, as early as practicable in the environ12 mental review process for a water resource 

13 project, any other Federal or non-Federal agen14 cies that may have an interest in that project 

15 and invite those agencies to become participating 

16 or cooperating agencies, as applicable, in the en17 vironmental review process for the water resource 

18 project. 

19 ‘‘(B) PROCEDURES.—Section 1501.6 of title 

20 40, Code of Federal Regulations (as in effect on 

21 the date of enactment of the Water Resources De22 velopment Act of 2013) shall govern the identi23 fication and the participation of a cooperating 

24 agency under subparagraph (A). 
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1 ‘‘(C) DEADLINE.—An invitation to partici2 pate issued under subparagraph (A) shall set a 

3 deadline by which a response to the invitation 

4 shall be submitted, which may be extended by the 

5 lead agency for good cause. 

6 ‘‘(2) FEDERAL COOPERATING AGENCIES.—Any 

7 Federal agency that is invited by the lead agency to 

8 participate in the environmental review process for a 

9 water resource project shall be designated as a cooper10 ating agency by the lead agency unless the invited 

11 agency informs the lead agency, in writing, by the 

12 deadline specified in the invitation that the invited 

13 agency— 

14 ‘‘(A)(i) has no jurisdiction or authority 

15 with respect to the water resource project; 

16 ‘‘(ii) has no expertise or information rel17 evant to the water resource project; or 

18 ‘‘(iii) does not have adequate funds to par19 ticipate in the water resource project; and 

20 ‘‘(B) does not intend to submit comments on 

21 the water resource project. 

22 ‘‘(3) EFFECT OF DESIGNATION.—Designation as 

23 a participating or cooperating agency under this sub24 section shall not imply that the participating or co25 operating agency— 
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1 ‘‘(A) supports a proposed water resource 

2 project; or 

3 ‘‘(B) has any jurisdiction over, or special 

4 expertise with respect to evaluation of, the water 

5 resource project. 

6 ‘‘(4) CONCURRENT REVIEWS.—Each cooperating 

7 agency shall— 

8 ‘‘(A) carry out the obligations of that agen9 cy under other applicable law concurrently and 

10 in conjunction with the required environmental 

11 review process, unless doing so would impair the 

12 ability of the Federal agency to conduct needed 

13 analysis or otherwise carry out those obligations; 

14 and 

15 ‘‘(B) formulate and implement administra16 tive, policy, and procedural mechanisms to en17 able the agency to ensure completion of the envi18 ronmental review process in a timely, coordi19 nated, and environmentally responsible manner. 

20 ‘‘(i) PROGRAMMATIC COMPLIANCE.— 

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

22 guidance regarding the use of programmatic ap23 proaches to carry out the environmental review proc24 ess that— 
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1 ‘‘(A) eliminates repetitive discussions of the 

2 same issues; 

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

4 analyses at each level of review; 

5 ‘‘(C) establishes a formal process for coordi6 nating with cooperating agencies, including the 

7 creation of a list of all data that is needed to 

8 carry out an environmental review process; and 

9 ‘‘(D) complies with— 

10 ‘‘(i) the National Environmental Pol11 icy Act of 1969 (42 U.S.C. 4321 et seq.); 

12 and 

13 ‘‘(ii) all other applicable laws. 

14 ‘‘(2) REQUIREMENTS.—In carrying out para15 graph (1), the Secretary shall— 

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

17 under that paragraph, consult with relevant Fed18 eral and State agencies, Indian tribes, and the 

19 public on the appropriate use and scope of the 

20 programmatic approaches; 

21 ‘‘(B) emphasize the importance of collabora22 tion among relevant Federal agencies, State 

23 agencies, and Indian tribes in undertaking pro24 grammatic reviews, especially with respect to in25 cluding reviews with a broad geographical scope; 
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1 ‘‘(C) ensure that the programmatic re2 views— 

3 ‘‘(i) promote transparency, including 

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

6 any deferred issues raised by Federal, State, 

7 or tribal agencies, or the public, and the 

8 temporal and special scales to be used to 

9 analyze those issues; 

10 ‘‘(ii) use accurate and timely informa11 tion in the environmental review process, 

12 including— 

13 ‘‘(I) criteria for determining the 

14 general duration of the usefulness of 

15 the review; and 

16 ‘‘(II) the timeline for updating 

17 any out-of-date review; 

18 ‘‘(iii) describe— 

19 ‘‘(I) the relationship between pro20 grammatic analysis and future tiered 

21 analysis; and 

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

23 creation of future tiered analysis; and 
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1 ‘‘(iv) are available to other relevant 

2 Federal and State agencies, Indian tribes, 

3 and the public; 

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

5 notice and comment on any proposed guidance; 

6 and 

7 ‘‘(E) address any comments received under 

8 subparagraph (D). 

9 ‘‘(j) COORDINATED REVIEWS.— 

10 ‘‘(1) COORDINATION PLAN.— 

11 ‘‘(A) ESTABLISHMENT.— 

12 ‘‘(i) IN GENERAL.—The lead agency 

13 shall, after consultation with and with the 

14 concurrence of each cooperating agency for 

15 the water resource project and the non-Fed16 eral interest or joint lead agency, as appli17 cable, establish a plan for coordinating pub18 lic and agency participation in, and com19 ment on, the environmental review process 

20 for a water resource project or a category of 

21 water resource projects. 

22 ‘‘(ii) INCORPORATION.—The plan es23 tablished under clause (i) shall be incor24 porated into the project schedule milestones 

25 set under section 905(g)(2) of the Water Re-
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1 sources Development Act of 1986 (33 U.S.C. 

2 2282(g)(2)). 

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

4 shall establish the following deadlines for comment 

5 during the environmental review process for a water 

6 resource project: 

7 ‘‘(A) DRAFT ENVIRONMENTAL IMPACT

8 STATEMENTS.—For comments by Federal and 

9 States agencies and the public on a draft envi10 ronmental impact statement, a period of not 

11 more than 60 days after publication in the Fed12 eral Register of notice of the date of public avail13 ability of the draft environmental impact state14 ment, unless— 

15 ‘‘(i) a different deadline is established 

16 by agreement of the lead agency, the non17 Federal interest, as applicable, and all par18 ticipating and cooperating agencies; or 

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

20 lead agency for good cause. 

21 ‘‘(B) OTHER ENVIRONMENTAL REVIEW

22 PROCESSES.—For all comment periods estab23 lished by the lead agency for agency or public 

24 comments in the environmental review process of 

25 an action within a program under the authority 
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1 of the lead agency other than for a draft environ2 mental impact statement, a period of not more 

3 than 30 days after the date on which the mate4 rials on which comment is requested are made 

5 available, unless— 

6 ‘‘(i) a different deadline is established 

7 by agreement of the lead agency, the non8 Federal interest, and all cooperating agen9 cies; or 

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

11 lead agency for good cause. 

12 ‘‘(3) DEADLINES FOR DECISIONS UNDER OTHER

13 LAWS.—In any case in which a decision under any 

14 Federal law relating to a project, including the 

15 issuance or denial of a permit or license, is required 

16 to be made by the date described in subsection 

17 (k)(6)(B)(ii), the Secretary shall submit to the Com18 mittee on Environment and Public Works of the Sen19 ate and the Committee on Transportation and Infra20 structure of the House of Representatives— 

21 ‘‘(A) as soon as practicable after the 180- 

22 day period described in subsection (k)(6)(B)(ii), 

23 an initial notice of the failure of the Federal 

24 agency to make the decision; and 
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1 ‘‘(B) every 60 days thereafter until such 

2 date as all decisions of the Federal agency relat3 ing to the project have been made by the Federal 

4 agency, an additional notice that describes the 

5 number of decisions of the Federal agency that 

6 remain outstanding as of the date of the addi7 tional notice. 

8 ‘‘(4) INVOLVEMENT OF THE PUBLIC.—Nothing in 

9 this subsection reduces any time period provided for 

10 public comment in the environmental review process 

11 under applicable Federal law (including regulations). 

12 ‘‘(k) ISSUE IDENTIFICATION AND RESOLUTION.— 

13 ‘‘(1) COOPERATION.—The lead agency, the co14 operating agencies, and any participating agencies 

15 shall work cooperatively in accordance with this sec16 tion to identify and resolve issues that could delay 

17 completion of the environmental review process or re18 sult in the denial of any approval required for the 

19 water resource project under applicable laws. 

20 ‘‘(2) LEAD AGENCY RESPONSIBILITIES.— 

21 ‘‘(A) IN GENERAL.—The lead agency shall 

22 make information available to the cooperating 

23 agencies and participating agencies as early as 

24 practicable in the environmental review process 

25 regarding the environmental and socioeconomic 
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1 resources located within the water resource 

2 project area and the general locations of the al3 ternatives under consideration. 

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

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

8 ‘‘(3) COOPERATING AND PARTICIPATING AGENCY

9 RESPONSIBILITIES.—Based on information received 

10 from the lead agency, cooperating and participating 

11 agencies shall identify, as early as practicable, any 

12 issues of concern regarding the potential environ13 mental or socioeconomic impacts of the water resource 

14 project, including any issues that could substantially 

15 delay or prevent an agency from granting a permit 

16 or other approval that is needed for the water resource 

17 project. 

18 ‘‘(4) INTERIM DECISION ON ACHIEVING ACCELER19 ATED DECISIONMAKING.— 

20 ‘‘(A) IN GENERAL.—Not later than 45 days 

21 after the close of the public comment period on 

22 a draft environmental impact statement, the Sec23 retary may convene a meeting with the non-Fed24 eral interest or joint lead agency, as applicable, 

25 relevant resource agencies, and relevant Federal 
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1 and State agencies to establish a schedule of 

2 deadlines to complete decisions regarding the 

3 water resource project. 

4 ‘‘(B) DEADLINES.— 

5 ‘‘(i) IN GENERAL.—The deadlines re6 ferred to in subparagraph (A) shall be those 

7 established by the Secretary, in consultation 

8 with and with the concurrence of the non9 Federal interest or joint lead agency, as ap10 plicable, and other relevant Federal and 

11 State agencies. 

12 ‘‘(ii) FACTORS FOR CONSIDERATION.— 

13 In establishing a schedule, the Secretary 

14 shall consider factors such as— 

15 ‘‘(I) the responsibilities of cooper16 ating agencies under applicable laws; 

17 ‘‘(II) the resources available to the 

18 non-Federal interest, joint lead agency, 

19 and other relevant Federal and State 

20 agencies, as applicable; 

21 ‘‘(III) the overall size and com22 plexity of the water resource project; 

23 ‘‘(IV) the overall schedule for and 

24 cost of the water resource project; and 
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1 ‘‘(V) the sensitivity of the natural 

2 and historical resources that could be 

3 affected by the water resource project. 

4 ‘‘(iii) MODIFICATIONS.—The Secretary 

5 may— 

6 ‘‘(I) lengthen a schedule under 

7 clause (i) for good cause; and 

8 ‘‘(II) shorten a schedule only with 

9 concurrence of the affected non-Federal 

10 interest, joint lead agency, or relevant 

11 Federal and State agencies, as applica12 ble. 

13 ‘‘(C) FAILURE TO MEET DEADLINE.—If the 

14 agencies described in subparagraph (A) cannot 

15 provide reasonable assurances that the deadlines 

16 described in subparagraph (B) will be met, the 

17 Secretary may initiate the issue resolution and 

18 referral process described under paragraph (5) 

19 before the completion of the record of decision. 

20 ‘‘(5) ACCELERATED ISSUE RESOLUTION AND

21 ELEVATION.— 

22 ‘‘(A) AGENCY ISSUE RESOLUTION MEET23 ING.— 

24 ‘‘(i) IN GENERAL.—A cooperating 

25 agency or non-Federal interest may request 
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† HR 3080 EAS 

1 an issue resolution meeting to be conducted 

2 by the Secretary. 

3 ‘‘(ii) ACTION BY SECRETARY.—The 

4 Secretary shall convene an issue resolution 

5 meeting under clause (i) with the relevant 

6 cooperating agencies and the non-Federal 

7 interest, as applicable, to resolve issues that 

8 could— 

9 ‘‘(I) delay completion of the envi10 ronmental review process; or 

11 ‘‘(II) conflict with the ability of a 

12 cooperating agency to carry out appli13 cable Federal laws (including regula14 tions). 

15 ‘‘(iii) DATE.—A meeting requested 

16 under this subparagraph shall be held not 

17 later than 21 days after the date on which 

18 the Secretary receives the request for the 

19 meeting, unless the Secretary determines 

20 that there is good cause to extend that dead21 line. 

22 ‘‘(iv) NOTIFICATION.—On receipt of a 

23 request for a meeting under this subpara24 graph, the Secretary shall notify all rel25 evant cooperating agencies of the request, 
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† HR 3080 EAS 

1 including the issue to be resolved and the 

2 date for the meeting. 

3 ‘‘(v) DISPUTES.—If a relevant cooper4 ating agency with jurisdiction over an ac5 tion, including a permit approval, review, 

6 or other statement or opinion required for a 

7 water resource project under applicable law 

8 determines that the relevant information 

9 necessary to resolve the issue has not been 

10 obtained and could not have been obtained 

11 within a reasonable time, but the Secretary 

12 disagrees, the resolution of the dispute shall 

13 be forwarded to the heads of the relevant 

14 agencies for resolution. 

15 ‘‘(vi) CONVENTION BY LEAD AGENCY.— 

16 The Secretary may convene an issue resolu17 tion meeting under this subsection at any 

18 time, at the discretion of the Secretary, re19 gardless of whether a meeting is requested 

20 under clause (i). 

21 ‘‘(vii) EXCEPTION.— 

22 ‘‘(I) IN GENERAL.—The issue reso23 lution and referral process under this 

24 subparagraph shall not be initiated if 

25 the applicable agency— 
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1 ‘‘(aa) notifies, with a sup2 porting explanation, the lead 

3 agency, cooperating agencies, and 

4 non-Federal interest, as applica5 ble, that— 

6 ‘‘(AA) the agency has 

7 not received necessary infor8 mation or approvals from 

9 another entity in a manner 

10 that affects the ability of the 

11 agency to meet any require12 ments under Federal, tribal, 

13 State, or local law; 

14 ‘‘(BB) significant new 

15 information, including from 

16 public comments, or cir17 cumstances, including a 

18 major modification to an as19 pect of the water resource 

20 project, requires additional 

21 analysis for the agency to 

22 make a decision on the water 

23 resource project application; 

24 or 
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1 ‘‘(CC) the agency lacks 

2 the financial resources to 

3 complete the review under the 

4 scheduled time frame, includ5 ing a description of the num6 ber of full-time employees re7 quired to complete the re8 view, the amount of funding 

9 required to complete the re10 view, and a justification as 

11 to why there is not enough 

12 funding available to complete 

13 the review by the deadline; 

14 and 

15 ‘‘(bb) establishes a new dead16 line for completion of the review. 

17 ‘‘(II) INSPECTOR GENERAL.—If 

18 the applicable agency makes a certifi19 cation under subclause (I)(aa)(CC), the 

20 Inspector General of the applicable 

21 agency shall conduct a financial audit 

22 to review that certification and submit 

23 a report on that certification within 90 

24 days to the Committee on Environment 

25 and Public Works of the Senate and 
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1 the Committee on Transportation and 

2 Infrastructure of the House of Rep3 resentatives. 

4 ‘‘(B) ELEVATION OF ISSUE RESOLUTION.— 

5 ‘‘(i) IN GENERAL.—If issue resolution 

6 is not achieved by not later than 30 days 

7 after the date on which a relevant meeting 

8 is held under subparagraph (A), the Sec9 retary shall notify the heads of the relevant 

10 cooperating agencies and the non-Federal 

11 interest that an issue resolution meeting 

12 will be convened. 

13 ‘‘(ii) REQUIREMENTS.—The Secretary 

14 shall identify the issues to be addressed at 

15 the meeting and convene the meeting not 

16 later than 30 days after the date on which 

17 the notice is issued. 

18 ‘‘(C) SUBMISSION OF ISSUE RESOLUTION.— 

19 ‘‘(i) SUBMISSION TO COUNCIL ON ENVI20 RONMENTAL QUALITY.— 

21 ‘‘(I) IN GENERAL.—If a resolution 

22 is not achieved by not later than 30 

23 days after the date on which an issue 

24 resolution meeting is held under sub25 paragraph (B), the Secretary shall sub-
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1 mit the matter to the Council on Envi2 ronmental Quality. 

3 ‘‘(II) MEETING.—Not later than 

4 30 days after the date on which the 

5 Council on Environmental Quality re6 ceives a submission from the Secretary 

7 under subclause (I), the Council on 

8 Environmental Quality shall hold an 

9 issue resolution meeting with the lead 

10 agency, the heads of relevant cooper11 ating agencies and the non-Federal in12 terest. 

13 ‘‘(III) ADDITIONAL HEARINGS.— 

14 The Council on Environmental Qual15 ity may hold public meetings or hear16 ings to obtain additional views and in17 formation that the Council on Envi18 ronmental Quality determines are nec19 essary, consistent with the time frames 

20 described in this paragraph. 

21 ‘‘(ii) REMEDIES.—Not later than 30 

22 days after the date on which an issue reso23 lution meeting is convened by the Council 

24 on Environmental Quality under clause 

25 (i)(II), the Secretary shall— 
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1 ‘‘(I) publish findings that explain 

2 how the issue was resolved and rec3 ommendations (including, where ap4 propriate, a finding that the submis5 sion does not support the position of 

6 the submitting agency); or 

7 ‘‘(II) if the resolution of the issue 

8 was not achieved, submit to the Presi9 dent for action— 

10 ‘‘(aa) the submission; 

11 ‘‘(bb) any views or addi12 tional information developed dur13 ing any additional hearings 

14 under clause (i)(III); and 

15 ‘‘(cc) the recommendation of 

16 the Council on Environmental 

17 Quality. 

18 ‘‘(6) FINANCIAL PENALTY PROVISIONS.— 

19 ‘‘(A) IN GENERAL.—A Federal jurisdic20 tional agency shall complete any required ap21 proval or decision on an expeditious basis using 

22 the shortest existing applicable process. 

23 ‘‘(B) FAILURE TO DECIDE.— 

24 ‘‘(i) IN GENERAL.—If a Federal juris25 dictional agency fails to render a decision 
129 

† HR 3080 EAS 

1 under any Federal law relating to a water 

2 resource project that requires the prepara3 tion of an environmental impact statement 

4 or environmental assessment, including the 

5 issuance or denial of a permit, license, 

6 statement, opinion, or other approval by the 

7 date described in clause (ii), the amount of 

8 funds made available to support the office of 

9 the head of the Federal jurisdictional agen10 cy shall be reduced by an amount of fund11 ing equal to the amounts specified in sub12 clause (I) or (II) and those funds shall be 

13 made available to the division of the Fed14 eral jurisdictional agency charged with ren15 dering the decision by not later than 1 day 

16 after the applicable date under clause (ii), 

17 and once each week thereafter until a final 

18 decision is rendered, subject to subpara19 graph (C)— 

20 ‘‘(I) $20,000 for any water re21 source project requiring the prepara22 tion of an environmental assessment or 

23 environmental impact statement; or 

24 ‘‘(II) $10,000 for any water re25 source project requiring any type of re-
130 

† HR 3080 EAS 

1 view under the National Environ2 mental Policy Act of 1969 (42 U.S.C. 

3 4321 et seq.) other than an environ4 mental assessment or environmental 

5 impact statement. 

6 ‘‘(ii) DESCRIPTION OF DATE.—The 

7 date referred to in clause (i) is the later 

8 of— 

9 ‘‘(I) the date that is 180 days 

10 after the date on which an application 

11 for the permit, license, or approval is 

12 complete; and 

13 ‘‘(II) the date that is 180 days 

14 after the date on which the Federal 

15 lead agency issues a decision on the 

16 water resource project under the Na17 tional Environmental Policy Act of 

18 1969 (42 U.S.C. 4321 et seq.). 

19 ‘‘(C) LIMITATIONS.— 

20 ‘‘(i) IN GENERAL.—No transfer of 

21 funds under subparagraph (B) relating to 

22 an individual water resource project shall 

23 exceed, in any fiscal year, an amount equal 

24 to 1 percent of the funds made available for 

25 the applicable agency office. 
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1 ‘‘(ii) FAILURE TO DECIDE.—The total 

2 amount transferred in a fiscal year as a re3 sult of a failure by an agency to make a de4 cision by an applicable deadline shall not 

5 exceed an amount equal to 5 percent of the 

6 funds made available for the applicable 

7 agency office for that fiscal year. 

8 ‘‘(iii) AGGREGATE.—Notwithstanding 

9 any other provision of law, for each fiscal 

10 year, the aggregate amount of financial 

11 penalties assessed against each applicable 

12 agency office under title II of the Water Re13 sources Development Act of 2013 and any 

14 other Federal law as a result of a failure of 

15 the agency to make a decision by an appli16 cable deadline for environmental review, in17 cluding the total amount transferred under 

18 this paragraph, shall not exceed an amount 

19 equal to 9.5 percent of the funds made 

20 available for the agency office for that fiscal 

21 year. 

22 ‘‘(D) NO FAULT OF AGENCY.— 

23 ‘‘(i) IN GENERAL.—A transfer of funds 

24 under this paragraph shall not be made if 

25 the applicable agency described in subpara-
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1 graph (A) notifies, with a supporting expla2 nation, the lead agency, cooperating agen3 cies, and non-Federal interest, as applica4 ble, that— 

5 ‘‘(I) the agency has not received 

6 necessary information or approvals 

7 from another entity in a manner that 

8 affects the ability of the agency to meet 

9 any requirements under Federal, State, 

10 or local law; 

11 ‘‘(II) significant new information, 

12 including from public comments, or 

13 circumstances, including a major 

14 modification to an aspect of the water 

15 resource project, requires additional 

16 analysis for the agency to make a deci17 sion on the water resource project ap18 plication; or 

19 ‘‘(III) the agency lacks the finan20 cial resources to complete the review 

21 under the scheduled time frame, in22 cluding a description of the number of 

23 full-time employees required to com24 plete the review, the amount of funding 

25 required to complete the review, and a 
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1 justification as to why there is not 

2 enough funding available to complete 

3 the review by the deadline. 

4 ‘‘(ii) LACK OF FINANCIAL RE5 SOURCES.—If the agency provides notice 

6 under clause (i)(III), the Inspector General 

7 of the agency shall— 

8 ‘‘(I) conduct a financial audit to 

9 review the notice; and 

10 ‘‘(II) not later than 90 days after 

11 the date on which the review described 

12 in subclause (I) is completed, submit to 

13 the Committee on Environment and 

14 Public Works of the Senate and the 

15 Committee on Transportation and In16 frastructure of the House of Represent17 atives a report on the notice. 

18 ‘‘(E) LIMITATION.—The Federal agency 

19 from which funds are transferred pursuant to 

20 this paragraph shall not reprogram funds to the 

21 office of the head of the agency, or equivalent of22 fice, to reimburse that office for the loss of the 

23 funds. 

24 ‘‘(F) EFFECT OF PARAGRAPH.—Nothing in 

25 this paragraph affects or limits the application 
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1 of, or obligation to comply with, any Federal, 

2 State, local, or tribal law. 

3 ‘‘(l) PERFORMANCE MEASUREMENT.—The Secretary 

4 shall establish a program to measure and report on progress 

5 made toward improving and expediting the planning and 

6 environmental review process. 

7 ‘‘(m) MEMORANDUM OF AGREEMENTS FOR EARLY CO8 ORDINATION.— 

9 ‘‘(1) SENSE OF CONGRESS.—It is the sense of 

10 Congress that— 

11 ‘‘(A) the Secretary and other Federal agen12 cies with relevant jurisdiction in the environ13 mental review process should cooperate with each 

14 other, State agencies, and Indian tribes on envi15 ronmental review and water resource project de16 livery activities at the earliest practicable time 

17 to avoid delays and duplication of effort later in 

18 the process, prevent potential conflicts, and en19 sure that planning and water resource project 

20 development decisions reflect environmental val21 ues; and 

22 ‘‘(B) the cooperation referred to in subpara23 graph (A) should include the development of 

24 policies and the designation of staff that advise 

25 planning agencies and non-Federal interests of 
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1 studies or other information foreseeably required 

2 for later Federal action and early consultation 

3 with appropriate State and local agencies and 

4 Indian tribes. 

5 ‘‘(2) TECHNICAL ASSISTANCE.—If requested at 

6 any time by a State or non-Federal interest, the Sec7 retary and other Federal agencies with relevant juris8 diction in the environmental review process, shall, to 

9 the maximum extent practicable and appropriate, as 

10 determined by the agencies, provide technical assist11 ance to the State or non-Federal interest in carrying 

12 out early coordination activities. 

13 ‘‘(3) MEMORANDUM OF AGENCY AGREEMENT.—If 

14 requested at any time by a State or non-Federal in15 terest, the lead agency, in consultation with other 

16 Federal agencies with relevant jurisdiction in the en17 vironmental review process, may establish memo18 randa of agreement with the non-Federal interest, In19 dian tribe, State and local governments, and other 

20 appropriate entities to carry out the early coordina21 tion activities, including providing technical assist22 ance in identifying potential impacts and mitigation 

23 issues in an integrated fashion. 

24 ‘‘(n) LIMITATIONS.—Nothing in this section preempts, 

25 supersedes, amends, modifies, repeals, or interferes with— 
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1 ‘‘(1) any statutory or regulatory requirement, 

2 including for seeking, considering, or responding to 

3 public comment; 

4 ‘‘(2) any obligation to comply with the provi5 sions any Federal law, including— 

6 ‘‘(A) the National Environmental Policy 

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

8 ‘‘(B) the regulations issued by the Council 

9 on Environmental Quality or any other Federal 

10 agency to carry out that Act; and 

11 ‘‘(C) any other Federal environmental law; 

12 ‘‘(3) the reviewability of any final Federal agen13 cy action in a court of the United States or in the 

14 court of any State; 

15 ‘‘(4) any practice of seeking, considering, or re16 sponding to public comment; or 

17 ‘‘(5) any power, jurisdiction, responsibility, 

18 duty, or authority that a Federal, State, or local gov19 ernmental agency, Indian tribe, or non-Federal inter20 est has with respect to carrying out a water resource 

21 project or any other provision of law applicable to 

22 water resource projects. 

23 ‘‘(o) CATEGORICAL EXCLUSIONS.— 
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1 ‘‘(1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this subsection, the Sec3 retary shall— 

4 ‘‘(A) survey the use by the Corps of Engi5 neers of categorical exclusions in water resource 

6 projects since 2005; 

7 ‘‘(B) publish a review of the survey that in8 cludes a description of— 

9 ‘‘(i) the types of actions that were cat10 egorically excluded or could be the basis for 

11 developing a new categorical exclusion; and 

12 ‘‘(ii) any requests previously received 

13 by the Secretary for new categorical exclu14 sions; and 

15 ‘‘(C) solicit requests from other Federal 

16 agencies and non-Federal interests for new cat17 egorical exclusions. 

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

19 than 1 year after the date of enactment of this sub20 section, if the Secretary has identified a category of 

21 activities that merit establishing a categorical exclu22 sion that did not exist on the day before the date of 

23 enactment of this subsection based on the review 

24 under paragraph (1), the Secretary shall publish a 

25 notice of proposed rulemaking to propose that new 
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1 categorical exclusion, to the extent that the categorical 

2 exclusion meets the criteria for a categorical exclusion 

3 under section 1508.4 of title 40, Code of Federal Reg4 ulations (or successor regulation). 

5 ‘‘(p) REVIEW OF WATER RESOURCE PROJECT ACCEL6 ERATION REFORMS.— 

7 ‘‘(1) IN GENERAL.—The Comptroller General of 

8 the United States shall— 

9 ‘‘(A) assess the reforms carried out under 

10 this section; and 

11 ‘‘(B) not later than 5 years after the date 

12 of enactment of this subsection, submit to the 

13 Committee on Transportation and Infrastructure 

14 of the House of Representatives and the Com15 mittee on Environment and Public Works of the 

16 Senate a report that describes the results of the 

17 assessment. 

18 ‘‘(2) INSPECTOR GENERAL REPORT.—The Inspec19 tor General of the Corps of Engineers shall— 

20 ‘‘(A) assess the reforms carried out under 

21 this section; and 

22 ‘‘(B) submit to the Committee on Transpor23 tation and Infrastructure of the House of Rep24 resentatives and the Committee on Environment 

25 and Public Works of the Senate— 
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1 ‘‘(i) not later than 2 years after the 

2 date of enactment of this subsection, an ini3 tial report of the findings of the Inspector 

4 General; and 

5 ‘‘(ii) not later than 4 years after the 

6 date of enactment of this subsection, a final 

7 report of the findings. 

8 ‘‘(q) AUTHORIZATION.—The authority provided by 

9 this section expires on the date that is 10 years after the 

10 date of enactment of this Act.’’. 

11 SEC. 2034. FEASIBILITY STUDIES. 

12 Section 905 of the Water Resources Development Act 

13 of 1986 (33 U.S.C. 2282) is amended by adding at the end 

14 the following: 

15 ‘‘(g) DETAILED PROJECT SCHEDULE.— 

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

17 after the date of enactment of this subsection, the Sec18 retary shall determine a set of milestones needed for 

19 the completion of a feasibility study under this sub20 section, including all major actions, report submis21 sions and responses, reviews, and comment periods. 

22 ‘‘(2) DETAILED PROJECT SCHEDULE MILE23 STONES.—Each District Engineer shall, to the max24 imum extent practicable, establish a detailed project 

25 schedule, based on full funding capability, that lists 
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1 all deadlines for milestones relating to feasibility 

2 studies in the District developed by the Secretary 

3 under paragraph (1). 

4 ‘‘(3) NON-FEDERAL INTEREST NOTIFICATION.— 

5 Each District Engineer shall submit by certified mail 

6 the detailed project schedule under paragraph (2) to 

7 each relevant non-Federal interest— 

8 ‘‘(A) for projects that have received funding 

9 from the General Investigations Account of the 

10 Corps of Engineers in the period beginning on 

11 October 1, 2009, and ending on the date of enact12 ment of this section, not later than 180 days 

13 after the establishment of milestones under para14 graph (1); and 

15 ‘‘(B) for projects for which a feasibility cost16 sharing agreement is executed after the establish17 ment of milestones under paragraph (1), not 

18 later than 90 days after the date on which the 

19 agreement is executed. 

20 ‘‘(4) CONGRESSIONAL AND PUBLIC NOTIFICA21 TION.—Beginning in the first full fiscal year after the 

22 date of enactment of this Act, the Secretary shall— 

23 ‘‘(A) submit an annual report that lists all 

24 detailed project schedules under paragraph (2) 

25 and an explanation of any missed deadlines to 
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1 the Committee on Environment and Public 

2 Works of the Senate and the Committee on 

3 Transportation and Infrastructure of the House 

4 of Representatives; and 

5 ‘‘(B) make publicly available, including on 

6 the Internet, a copy of the annual report de7 scribed in subparagraph (A) not later than 14 

8 days after date on which a report is submitted 

9 to Congress. 

10 ‘‘(5) FAILURE TO ACT.—If a District Engineer 

11 fails to meet any of the deadlines in the project sched12 ule under paragraph (2), the District Engineer 

13 shall— 

14 ‘‘(A) not later than 30 days after each 

15 missed deadline, submit to the non-Federal inter16 est a report detailing— 

17 ‘‘(i) why the District Engineer failed 

18 to meet the deadline; and 

19 ‘‘(ii) a revised project schedule reflect20 ing amended deadlines for the feasibility 

21 study; and 

22 ‘‘(B) not later than 30 days after each 

23 missed deadline, make publicly available, includ24 ing on the Internet, a copy of the amended 
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1 project schedule described in subparagraph 

2 (A)(ii).’’. 

3 SEC. 2035. ACCOUNTING AND ADMINISTRATIVE EXPENSES. 

4 (a) IN GENERAL.—On the request of a non-Federal in5 terest, the Secretary shall provide to the non-Federal inter6 est a detailed accounting of the Federal expenses associated 

7 with a water resources project. 

8 (b) STUDY.— 

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

10 with the National Academy of Public Administration 

11 to carry out a study on the efficiency of the Corps 

12 Engineers current staff salaries and administrative 

13 expense procedures as compared to using a separate 

14 administrative expense account. 

15 (2) CONTENTS.—The study under paragraph (1) 

16 shall include any recommendations of the National 

17 Academy of Public Administration for improvements 

18 to the budgeting and administrative processes that 

19 will increase the efficiency of the Corps of Engineers 

20 project delivery. 

21 SEC. 2036. DETERMINATION OF PROJECT COMPLETION. 

22 (a) IN GENERAL.—The Secretary shall notify the non23 Federal interest when construction of a water resources 

24 project or a functional portion of the project is completed 
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1 so the non-Federal interest may commence responsibilities, 

2 as applicable, for operating and maintaining the project. 

3 (b) NON-FEDERAL INTEREST APPEAL OF DETERMINA4 TION.— 

5 (1) IN GENERAL.—Not later than 7 days after 

6 receiving a notification under subparagraph (a), the 

7 non-Federal interest may appeal the completion deter8 mination of the Secretary in writing with a detailed 

9 explanation of the basis for questioning the complete10 ness of the project or functional portion of the project. 

11 (2) INDEPENDENT REVIEW.— 

12 (A) IN GENERAL.—On notification that a 

13 non-Federal interest has submitted an appeal 

14 under paragraph (1), the Secretary shall con15 tract with 1 or more independent, non-Federal 

16 experts to evaluate whether the applicable water 

17 resources project or functional portion of the 

18 project is complete. 

19 (B) TIMELINE.—An independent review 

20 carried out under subparagraph (A) shall be 

21 completed not later than 180 days after the date 

22 on which the Secretary receives an appeal from 

23 a non-Federal interest under paragraph (1). 
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1 SEC. 2037. PROJECT PARTNERSHIP AGREEMENTS. 

2 (a) IN GENERAL.—The Secretary shall contract with 

3 the National Academy of Public Administration to carry 

4 out a comprehensive review of the process for preparing, 

5 negotiating, and approving Project Partnership Agreements 

6 and the Project Partnership Agreement template, which 

7 shall include— 

8 (1) a review of the process for preparing, negoti9 ating, and approving Project Partnership Agree10 ments, as in effect on the day before the date of enact11 ment of this Act; 

12 (2) an evaluation of how the concerns of a non13 Federal interest relating to the Project Partnership 

14 Agreement and suggestions for modifications to the 

15 Project Partnership Agreement made by a non-Fed16 eral interest are accommodated; 

17 (3) recommendations for how the concerns and 

18 modifications described in paragraph (2) can be bet19 ter accommodated; 

20 (4) recommendations for how the Project Part21 nership Agreement template can be made more effi22 cient; and 

23 (5) recommendations for how to make the process 

24 for preparing, negotiating, and approving Project 

25 Partnership Agreements more efficient. 
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1 (b) REPORT.—The Secretary shall submit a report de2 scribing the findings of the National Academy of Public Ad3 ministration to the Committee on Environment and Public 

4 Works of the Senate and the Committee on Transportation 

5 and Infrastructure of the House of Representatives. 

6 SEC. 2038. INTERAGENCY AND INTERNATIONAL SUPPORT 

7 AUTHORITY. 

8 Section 234 of the Water Resources Development Act 

9 of 1996 (33 U.S.C. 2323a) is amended— 

10 (1) in subsection (a), by striking ‘‘other Federal 

11 agencies,’’ and inserting ‘‘Federal departments or 

12 agencies, nongovernmental organizations,’’; 

13 (2) in subsection (b), by inserting ‘‘or foreign 

14 governments’’ after ‘‘organizations’’; 

15 (3) in subsection (c), by inserting ‘‘and restora16 tion’’ after ‘‘protection’’; and 

17 (4) in subsection (d)— 

18 (A) in the first sentence— 

19 (i) by striking ‘‘There is’’ and insert20 ing ‘‘(1) IN GENERAL.—There is’’; and 

21 (ii) by striking ‘‘2008’’ and inserting 

22 ‘‘2014’’; and 

23 (B) in the second sentence— 
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1 (i) by striking ‘‘The Secretary’’ and 

2 inserting ‘‘(2) ACCEPTANCE OF FUNDS.— 

3 The Secretary’’; and 

4 (ii) by striking ‘‘other Federal agen5 cies’’ and inserting ‘‘Federal departments or 

6 agencies, nongovernmental organizations’’. 

7 SEC. 2039. ACCEPTANCE OF CONTRIBUTED FUNDS TO IN8 CREASE LOCK OPERATIONS. 

9 (a) IN GENERAL.—The Secretary, after providing pub10 lic notice, shall establish a pilot program for the acceptance 

11 and expenditure of funds contributed by non-Federal inter12 ests to increase the hours of operation of locks at water re13 sources development projects. 

14 (b) APPLICABILITY.—The establishment of the pilot 

15 program under this section shall not affect the periodic re16 view and adjustment of hours of operation of locks based 

17 on increases in commercial traffic carried out by the Sec18 retary. 

19 (c) PUBLIC COMMENT.—Not later than 180 days before 

20 a proposed modification to the operation of a lock at a 

21 water resources development project will be carried out, the 

22 Secretary shall— 

23 (1) publish the proposed modification in the Fed24 eral Register; and 
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1 (2) accept public comment on the proposed modi2 fication. 

3 (d) REPORTS.— 

4 (1) IN GENERAL.—Not later than 1 year after 

5 the date of enactment of this Act, the Secretary shall 

6 submit to the Committee on Transportation and In7 frastructure of the House of Representatives and the 

8 Committee on Environment and Public Works of the 

9 Senate a report that evaluates the cost-savings result10 ing from reduced lock hours and any economic im11 pacts of modifying lock operations. 

12 (2) REVIEW OF PILOT PROGRAM.—Not later than 

13 September 30, 2017 and each year thereafter, the Sec14 retary shall submit to the Committee on Transpor15 tation and Infrastructure of the House of Representa16 tives and the Committee on Environment and Public 

17 Works of the Senate a report that describes the effec18 tiveness of the pilot program under this section. 

19 (e) ANNUAL REVIEW.—The Secretary shall carry out 

20 an annual review of the commercial use of locks and make 

21 any necessary adjustments to lock operations based on that 

22 review. 

23 (f) TERMINATION.—The authority to accept funds 

24 under this section shall terminate 5 years after the date of 

25 enactment of this Act. 
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1 SEC. 2040. EMERGENCY RESPONSE TO NATURAL DISAS2 TERS. 

3 (a) IN GENERAL.—Section 5(a)(1) of the Act entitled 

4 ‘‘An Act authorizing the construction of certain public 

5 works on rivers and harbors for flood control, and for other 

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

7 701n(a)(1)), is amended in the first sentence— 

8 (1) by inserting ‘‘and subject to the condition 

9 that the Chief of Engineers may include modifications 

10 to the structure or project’’ after ‘‘work for flood con11 trol’’; and 

12 (2) by striking ‘‘structure damaged or destroyed 

13 by wind, wave, or water action of other than an ordi14 nary nature when in the discretion of the Chief of 

15 Engineers such repair and restoration is warranted 

16 for the adequate functioning of the structure for hur17 ricane or shore protection’’ and inserting ‘‘structure 

18 or project damaged or destroyed by wind, wave, or 

19 water action of other than an ordinary nature to the 

20 design level of protection when, in the discretion of 

21 the Chief of Engineers, such repair and restoration is 

22 warranted for the adequate functioning of the struc23 ture or project for hurricane or shore protection, sub24 ject to the condition that the Chief of Engineers may 

25 include modifications to the structure or project to 

26 address major deficiencies or implement nonstructural 
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1 alternatives to the repair or restoration of the struc2 ture if requested by the non-Federal sponsor’’. 

3 (b) REPORT.— 

4 (1) IN GENERAL.—Not later than 1 year after 

5 the date of enactment of this Act and every 2 years 

6 thereafter, the Secretary shall submit to the Com7 mittee on Environment and Public Works of the Sen8 ate and the Committee on Transportation and Infra9 structure of the House of Representatives a report de10 tailing the amounts expended in the previous 5 fiscal 

11 years to carry out Corps of Engineers projects under 

12 section 5 of the Act entitled ‘‘An Act authorizing the 

13 construction of certain public works on rivers and 

14 harbors for flood control, and for other purposes’’, ap15 proved August 18, 1941 (33 U.S.C. 701n). 

16 (2) INCLUSIONS.—A report under paragraph (1) 

17 shall, at a minimum, include a description of— 

18 (A) each structure, feature, or project for 

19 which amounts are expended, including the type 

20 of structure, feature, or project and cost of the 

21 work; and 

22 (B) how the Secretary has repaired, re23 stored, replaced, or modified each structure, fea24 ture, or project or intends to restore the struc-
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1 ture, feature, or project to the design level of pro2 tection for the structure, feature, or project. 

3 SEC. 2041. SYSTEMWIDE IMPROVEMENT FRAMEWORKS. 

4 A levee system shall remain eligible for rehabilitation 

5 assistance under the authority provided by section 5 of the 

6 Act entitled ‘‘An Act authorizing the construction of certain 

7 public works on rivers and harbors for flood control, and 

8 for other purposes’’ (33 U.S.C. 701n) as long as the levee 

9 system sponsor continues to make satisfactory progress, as 

10 determined by the Secretary, on an approved systemwide 

11 improvement framework or letter of intent. 

12 SEC. 2042. FUNDING TO PROCESS PERMITS. 

13 Section 214 of the Water Resources Development Act 

14 of 2000 (Public Law 106–541; 33 U.S.C. 2201 note) is 

15 amended by striking subsections (d) and (e) and inserting 

16 the following: 

17 ‘‘(d) PUBLIC AVAILABILITY.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

19 that all final permit decisions carried out using funds 

20 authorized under this section are made available to 

21 the public in a common format, including on the 

22 Internet, and in a manner that distinguishes final 

23 permit decisions under this section from other final 

24 actions of the Secretary. 
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1 ‘‘(2) DECISION DOCUMENT.—The Secretary 

2 shall— 

3 ‘‘(A) use a standard decision document for 

4 evaluating all permits using funds accepted 

5 under this section; and 

6 ‘‘(B) make the standard decision document, 

7 along with all final permit decisions, available 

8 to the public, including on the Internet. 

9 ‘‘(3) AGREEMENTS.—The Secretary shall make 

10 all active agreements to accept funds under this sec11 tion available on a single public Internet site. 

12 ‘‘(e) REPORTING.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall prepare 

14 an annual report on the implementation of this sec15 tion, which, at a minimum, shall include for each 

16 district of the Corps of Engineers that accepts funds 

17 under this section— 

18 ‘‘(A) a comprehensive list of any funds ac19 cepted under this section during the previous fis20 cal year; 

21 ‘‘(B) a comprehensive list of the permits re22 viewed and approved using funds accepted under 

23 this section during the previous fiscal year, in24 cluding a description of the size and type of re-
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1 sources impacted and the mitigation required for 

2 each permit; and 

3 ‘‘(C) a description of the training offered in 

4 the previous fiscal year for employees that is 

5 funded in whole or in part with funds accepted 

6 under this section. 

7 ‘‘(2) SUBMISSION.—Not later than 90 days after 

8 the end of each fiscal year, the Secretary shall— 

9 ‘‘(A) submit to the Committee on Environ10 ment and Public Works of the Senate and the 

11 Committee on Transportation and Infrastructure 

12 of the House of Representatives the annual re13 port described in paragraph (1); and 

14 ‘‘(B) make each report received under sub15 paragraph (A) available on a single publicly ac16 cessible Internet site.’’. 

17 SEC. 2043. NATIONAL RIVERBANK STABILIZATION AND ERO18 SION PREVENTION STUDY AND PILOT PRO19 GRAM. 

20 (a) DEFINITION OF INLAND AND INTRACOASTAL WA21 TERWAY.—In this section, the term ‘‘inland and intra22 coastal waterway’’ means the inland and intracoastal wa23 terways of the United States described in section 206 of the 

24 Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804). 

25 (b) PILOT PROGRAM.—The Secretary— 
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1 (1) is authorized to study issues relating to riv2 erbank stabilization and erosion prevention along in3 land and intracoastal waterways; and 

4 (2) shall establish and carry out for a period of 

5 5 fiscal years a national riverbank stabilization and 

6 erosion prevention pilot program to address riverbank 

7 erosion along inland and intracoastal waterways. 

8 (c) STUDY.— 

9 (1) IN GENERAL.—The Secretary, in consultation 

10 with appropriate Federal, State, local, and non11 governmental entities, shall carry out a study of the 

12 options and technologies available to prevent the ero13 sion and degradation of riverbanks along inland and 

14 intracoastal waterways. 

15 (2) CONTENTS.—The study shall— 

16 (A) evaluate the nature and extent of the 

17 damages resulting from riverbank erosion along 

18 inland and intracoastal waterways throughout 

19 the United States; 

20 (B) identify specific inland and intra21 coastal waterways and affected wetland areas 

22 with the most urgent need for restoration; 

23 (C) analyze any legal requirements with re24 gard to maintenance of bank lines of inland and 

25 intracoastal waterways, including a comparison 
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1 of Federal, State, and private obligations and 

2 practices; 

3 (D) assess and compare policies and man4 agement practices to protect surface areas adja5 cent to inland and intracoastal waterways ap6 plied by various Districts of the Corps of Engi7 neers; and 

8 (E) make any recommendations the Sec9 retary determines to be appropriate. 

10 (d) RIVERBANK STABILIZATION AND EROSION PRE11 VENTION PILOT PROGRAM.— 

12 (1) IN GENERAL.—The Secretary shall develop a 

13 pilot program for the construction of riverbank sta14 bilization and erosion prevention projects on public 

15 land along inland and intracoastal waterways if the 

16 Secretary determines that the projects are technically 

17 feasible, environmentally acceptable, economically jus18 tified, and lower maintenance costs of those inland 

19 and intracoastal waterways. 

20 (2) PILOT PROGRAM GOALS.—A project under 

21 the pilot program shall, to the maximum extent prac22 ticable— 

23 (A) develop or demonstrate innovative tech24 nologies; 
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1 (B) implement efficient designs to prevent 

2 erosion at a riverbank site, taking into account 

3 the lifecycle cost of the design, including cleanup, 

4 maintenance, and amortization; 

5 (C) prioritize natural designs, including the 

6 use of native and naturalized vegetation or tem7 porary structures that minimize permanent 

8 structural alterations to the riverbank; 

9 (D) avoid negative impacts to adjacent 

10 communities; 

11 (E) identify the potential for long-term pro12 tection afforded by the innovative technology; 

13 and 

14 (F) provide additional benefits, including 

15 reduction of flood risk. 

16 (3) PROJECT SELECTIONS.—The Secretary shall 

17 develop criteria for the selection of projects under the 

18 pilot program, including criteria based on— 

19 (A) the extent of damage and land loss re20 sulting from riverbank erosion; 

21 (B) the rate of erosion; 

22 (C) the significant threat of future flood risk 

23 to public or private property, public infrastruc24 ture, or public safety; 
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1 (D) the destruction of natural resources or 

2 habitats; and 

3 (E) the potential cost-savings for mainte4 nance of the channel. 

5 (4) CONSULTATION.—The Secretary shall carry 

6 out the pilot program in consultation with— 

7 (A) Federal, State, and local governments; 

8 (B) nongovernmental organizations; and 

9 (C) applicable university research facilities. 

10 (5) REPORT.—Not later than 1 year after the 

11 first fiscal year for which amounts to carry out this 

12 section are appropriated, and every year thereafter, 

13 the Secretary shall prepare and submit to the Com14 mittee on Environment and Public Works of the Sen15 ate and the Committee on Transportation and Infra16 structure of the House of Representatives a report de17 scribing— 

18 (A) the activities carried out and accom19 plishments made under the pilot program since 

20 the previous report under this paragraph; and 

21 (B) any recommendations of the Secretary 

22 relating to the program. 

23 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to carry out this section 

25 $25,000,000 for each of fiscal years 2014 through 2019. 
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1 SEC. 2044. HURRICANE AND STORM DAMAGE RISK REDUC2 TION PRIORITIZATION. 

3 (a) PURPOSES.—The purposes of this section are— 

4 (1) to provide adequate levels of protection to 

5 communities impacted by natural disasters, including 

6 hurricanes, tropical storms, and other related extreme 

7 weather events; and 

8 (2) to expedite critical water resources projects 

9 in communities that have historically been and con10 tinue to remain susceptible to extreme weather events. 

11 (b) PRIORITY.—For authorized projects and ongoing 

12 feasibility studies with a primary purpose of hurricane and 

13 storm damage risk reduction, the Secretary shall give fund14 ing priority to projects and ongoing studies that— 

15 (1) address an imminent threat to life and prop16 erty; 

17 (2) prevent storm surge from inundating popu18 lated areas; 

19 (3) prevent the loss of coastal wetlands that help 

20 reduce the impact of storm surge; 

21 (4) protect emergency hurricane evacuation 

22 routes or shelters; 

23 (5) prevent adverse impacts to publicly owned or 

24 funded infrastructure and assets; 

25 (6) minimize disaster relief costs to the Federal 

26 Government; and 
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1 (7) address hurricane and storm damage risk re2 duction in an area for which the President declared 

3 a major disaster in accordance with section 401 of the 

4 Robert T. Stafford Disaster Relief and Emergency As5 sistance Act (42 U.S.C. 5170). 

6 (c) EXPEDITED CONSIDERATION OF CURRENTLY AU7 THORIZED PROJECTS.—Not later than 180 days after the 

8 date of enactment of this Act, the Secretary shall— 

9 (1) submit to the Committee on Environment 

10 and Public Works of the Senate and the Committee on 

11 Transportation and Infrastructure of the House of 

12 Representatives a list of all— 

13 (A) ongoing hurricane and storm damage 

14 reduction feasibility studies that have signed fea15 sibility cost share agreements and have received 

16 Federal funds since 2009; and 

17 (B) authorized hurricane and storm damage 

18 reduction projects that— 

19 (i) have been authorized for more than 

20 20 years but are less than 75 percent com21 plete; or 

22 (ii) are undergoing a post-authoriza23 tion change report, general reevaluation re24 port, or limited reevaluation report; 
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1 (2) identify those projects on the list required 

2 under paragraph (1) that meet the criteria described 

3 in subsection (b); and 

4 (3) provide a plan for expeditiously completing 

5 the projects identified under paragraph (2), subject to 

6 available funding. 

7 (d) PRIORITIZATION OF NEW STUDIES FOR HURRI8 CANE AND STORM DAMAGE RISK REDUCTION.—In selecting 

9 new studies for hurricane and storm damage reduction to 

10 propose to Congress under section 4002, the Secretary shall 

11 give priority to studies— 

12 (1) that— 

13 (A) have been recommended in a com14 prehensive hurricane protection study carried 

15 out by the Corps of Engineers; or 

16 (B) are included in a State plan or pro17 gram for hurricane, storm damage reduction, 

18 flood control, coastal protection, conservation, or 

19 restoration, that is created in consultation with 

20 the Corps of Engineers or other relevant Federal 

21 agencies; and 

22 (2) for areas for which the President declared a 

23 major disaster in accordance with section 401 of the 

24 Robert T. Stafford Disaster Relief and Emergency As25 sistance Act (42 U.S.C. 5170). 
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1 SEC. 2045. PRIORITIZATION OF ECOSYSTEM RESTORATION 

2 EFFORTS. 

3 For authorized projects with a primary purpose of eco4 system restoration, the Secretary shall give funding priority 

5 to projects— 

6 (1) that— 

7 (A) address an identified threat to public 

8 health, safety, or welfare; 

9 (B) preserve or restore ecosystems of na10 tional significance; or 

11 (C) preserve or restore habitats of impor12 tance for federally protected species, including 

13 migratory birds; and 

14 (2) for which the restoration activities will con15 tribute to other ongoing or planned Federal, State, or 

16 local restoration initiatives. 

17 SEC. 2046. SPECIAL USE PERMITS. 

18 (a) SPECIAL USE PERMITS.— 

19 (1) IN GENERAL.—The Secretary may issue spe20 cial permits for uses such as group activities, recre21 ation events, motorized recreation vehicles, and such 

22 other specialized recreation uses as the Secretary de23 termines to be appropriate, subject to such terms and 

24 conditions as the Secretary determines to be in the 

25 best interest of the Federal Government. 

26 (2) FEES.— 
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1 (A) IN GENERAL.—In carrying out this sub2 section, the Secretary may— 

3 (i) establish and collect fees associated 

4 with the issuance of the permits described in 

5 paragraph (1); or 

6 (ii) accept in-kind services in lieu of 

7 those fees. 

8 (B) OUTDOOR RECREATION EQUIPMENT.— 

9 The Secretary may establish and collect fees for 

10 the provision of outdoor recreation equipment 

11 and services at public recreation areas located at 

12 lakes and reservoirs operated by the Corps of En13 gineers. 

14 (C) USE OF FEES.—Any fees generated pur15 suant to this subsection shall be— 

16 (i) retained at the site collected; and 

17 (ii) available for use, without further 

18 appropriation, solely for administering the 

19 special permits under this subsection and 

20 carrying out related operation and mainte21 nance activities at the site at which the fees 

22 are collected. 

23 (b) COOPERATIVE MANAGEMENT.— 

24 (1) PROGRAM.— 
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1 (A) IN GENERAL.—Subject to subparagraph 

2 (B), the Secretary may enter into an agreement 

3 with a State or local government to provide for 

4 the cooperative management of a public recre5 ation area if— 

6 (i) the public recreation area is lo7 cated— 

8 (I) at a lake or reservoir operated 

9 by the Corps of Engineers; and 

10 (II) adjacent to or near a State or 

11 local park or recreation area; and 

12 (ii) the Secretary determines that coop13 erative management between the Corps of 

14 Engineers and a State or local government 

15 agency of a portion of the Corps of Engi16 neers recreation area or State or local park 

17 or recreation area will allow for more effec18 tive and efficient management of those 

19 areas. 

20 (B) RESTRICTION.—The Secretary may not 

21 transfer administration responsibilities for any 

22 public recreation area operated by the Corps of 

23 Engineers. 

24 (2) ACQUISITION OF GOODS AND SERVICES.—The 

25 Secretary may acquire from or provide to a State or 
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1 local government with which the Secretary has en2 tered into a cooperative agreement under paragraph 

3 (1) goods and services to be used by the Secretary and 

4 the State or local government in the cooperative man5 agement of the areas covered by the agreement. 

6 (3) ADMINISTRATION.—The Secretary may enter 

7 into 1 or more cooperative management agreements or 

8 such other arrangements as the Secretary determines 

9 to be appropriate, including leases or licenses, with 

10 non-Federal interests to share the costs of operation, 

11 maintenance, and management of recreation facilities 

12 and natural resources at recreation areas that are 

13 jointly managed and funded under this subsection. 

14 (c) FUNDING TRANSFER AUTHORITY.— 

15 (1) IN GENERAL.—If the Secretary determines 

16 that it is in the public interest for purposes of en17 hancing recreation opportunities at Corps of Engi18 neers water resources development projects, the Sec19 retary may transfer funds appropriated for resource 

20 protection, research, interpretation, and maintenance 

21 activities related to resource protection in the areas at 

22 which outdoor recreation is available at those Corps 

23 of Engineers water resource development projects to 

24 State, local, and tribal governments and such other 
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1 public or private nonprofit entities as the Secretary 

2 determines to be appropriate. 

3 (2) COOPERATIVE AGREEMENTS.—Any transfer 

4 of funds pursuant to this subsection shall be carried 

5 out through the execution of a cooperative agreement, 

6 which shall contain such terms and conditions as the 

7 Secretary determines to be necessary in the public in8 terest. 

9 (d) SERVICES OF VOLUNTEERS.—Chapter IV of title 

10 I of Public Law 98–63 (33 U.S.C. 569c) is amended— 

11 (1) in the first sentence, by inserting ‘‘, includ12 ing expenses relating to uniforms, transportation, 

13 lodging, and the subsistence of those volunteers, with14 out regard to the place of residence of the volunteers,’’ 

15 after ‘‘incidental expenses’’; and 

16 (2) by inserting after the first sentence the fol17 lowing: ‘‘The Chief of Engineers may also provide 

18 awards of up to $100 in value to volunteers in rec19 ognition of the services of the volunteers.’’ 

20 (e) TRAINING AND EDUCATIONAL ACTIVITIES.—Sec21 tion 213(a) of the Water Resources Development Act of 2000 

22 (33 U.S.C. 2339) is amended by striking ‘‘at’’ and inserting 

23 ‘‘about’’. 
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1 SEC. 2047. OPERATIONS AND MAINTENANCE ON FUEL 

2 TAXED INLAND WATERWAYS. 

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of law, the Secretary shall have responsibility for 65 

5 percent of the costs of the operation, maintenance, repair, 

6 rehabilitation, and replacement of any flood gate, as well 

7 as any pumping station constructed within the channel as 

8 a single unit with that flood gate, that— 

9 (1) was constructed as of the date of enactment 

10 of this Act as a feature of an authorized hurricane 

11 and storm damage reduction project; and 

12 (2) crosses an inland or intracoastal waterway 

13 described in section 206 of the Inland Waterways 

14 Revenue Act of 1978 (33 U.S.C. 1804). 

15 (b) PAYMENT OPTIONS.—For rehabilitation or replace16 ment of any structure under this section, the Secretary may 

17 apply to the full non-Federal contribution the payment op18 tion provisions under section 103(k) of the Water Resources 

19 Development Act of 1986 (33 U.S.C. 2213(k)). 

20 SEC. 2048. CORROSION PREVENTION. 

21 (a) GUIDANCE AND PROCEDURES.—The Secretary 

22 shall develop guidance and procedures for the certification 

23 of qualified contractors for— 

24 (1) the application of protective coatings; and 

25 (2) the removal of hazardous protective coatings. 
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1 (b) REQUIREMENTS.—Except as provided in sub2 section (c), the Secretary shall use certified contractors 

3 for— 

4 (1) the application of protective coatings for 

5 complex work involving steel and cementitious struc6 tures, including structures that will be exposed in im7 mersion; 

8 (2) the removal of hazardous coatings or other 

9 hazardous materials that are present in sufficient 

10 concentrations to create an occupational or environ11 mental hazard; and 

12 (3) any other activities the Secretary determines 

13 to be appropriate. 

14 (c) EXCEPTION.—The Secretary may approve excep15 tions to the use of certified contractors under subsection (b) 

16 only after public notice, with the opportunity for comment, 

17 of any such proposal. 

18 SEC. 2049. PROJECT DEAUTHORIZATIONS. 

19 (a) IN GENERAL.—Section 1001(b) of the Water Re20 sources Development Act of 1986 (33 U.S.C. 579a(b)) is 

21 amended— 

22 (1) by striking paragraph (2) and inserting the 

23 following: 

24 ‘‘(2) LIST OF PROJECTS.— 
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1 ‘‘(A) IN GENERAL.—Notwithstanding sec2 tion 3003 of Public Law 104–66 (31 U.S.C. 1113 

3 note; 109 Stat. 734), each year, after the submis4 sion of the list under paragraph (1), the Sec5 retary shall submit to Congress a list of projects 

6 or separable elements of projects that have been 

7 authorized but that have received no obligations 

8 during the 5 full fiscal years preceding the sub9 mission of that list. 

10 ‘‘(B) ADDITIONAL NOTIFICATION.—On sub11 mission of the list under subparagraph (A) to 

12 Congress, the Secretary shall notify— 

13 ‘‘(i) each Senator in whose State and 

14 each Member of the House of Representa15 tives in whose district a project (including 

16 any part of a project) on that list would be 

17 located; and 

18 ‘‘(ii) each applicable non-Federal in19 terest associated with a project (including 

20 any part of a project) on that list. 

21 ‘‘(C) DEAUTHORIZATION.—A project or sep22 arable element included in the list under sub23 paragraph (A) is not authorized after the last 

24 date of the fiscal year following the fiscal year 

25 in which the list is submitted to Congress, if 
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1 funding has not been obligated for the planning, 

2 design, or construction of the project or element 

3 of the project during that period.’’; and 

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

5 ‘‘(3) MINIMUM FUNDING LIST.—At the end of 

6 each fiscal year, the Secretary shall submit to Con7 gress a list of— 

8 ‘‘(A) projects or separable elements of 

9 projects authorized for construction for which 

10 funding has been obligated in the 5 previous fis11 cal years; 

12 ‘‘(B) the amount of funding obligated per 

13 fiscal year; 

14 ‘‘(C) the current phase of each project or 

15 separable element of a project; and 

16 ‘‘(D) the amount required to complete those 

17 phases. 

18 ‘‘(4) REPORT.— 

19 ‘‘(A) IN GENERAL.—Not later than 180 

20 days after the date of enactment of the Water Re21 sources Development Act of 2013, the Secretary 

22 shall compile and publish a complete list of all 

23 uncompleted, authorized projects of the Corps of 

24 Engineers, including for each project on that 

25 list— 
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1 ‘‘(i) the original budget authority for 

2 the project; 

3 ‘‘(ii) the status of the project; 

4 ‘‘(iii) the estimated date of completion 

5 of the project; 

6 ‘‘(iv) the estimated cost of completion 

7 of the project; and 

8 ‘‘(v) any amounts for the project that 

9 remain unobligated. 

10 ‘‘(B) PUBLICATION.— 

11 ‘‘(i) IN GENERAL.—The Secretary shall 

12 submit a copy of the list under subpara13 graph (A) to— 

14 ‘‘(I) the appropriate committees of 

15 Congress; and 

16 ‘‘(II) the Director of the Office of 

17 Management and Budget. 

18 ‘‘(ii) PUBLIC AVAILABILITY.—Not later 

19 than 30 days after providing the report to 

20 Congress under clause (i), the Secretary 

21 shall make a copy of the list available on a 

22 publicly accessible Internet site, in a man23 ner that is downloadable, searchable, and 

24 sortable.’’. 
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1 (b) INFRASTRUCTURE DEAUTHORIZATION COMMIS2 SION.— 

3 (1) PURPOSES.—The purposes of this subsection 

4 are— 

5 (A) to establish a process for identifying au6 thorized Corps of Engineers water resources 

7 projects that are no longer in the Federal interest 

8 and no longer feasible; 

9 (B) to create a commission— 

10 (i) to review suggested 

11 deauthorizations, including consideration of 

12 recommendations of the States and the Sec13 retary for the deauthorization of water re14 sources projects; and 

15 (ii) to make recommendations to Con16 gress; 

17 (C) to ensure public participation and com18 ment; and 

19 (D) to provide oversight on any rec20 ommendations made to Congress by the Commis21 sion. 

22 (2) INFRASTRUCTURE DEAUTHORIZATION COM23 MISSION.— 

24 (A) ESTABLISHMENT.—There is established 

25 an independent commission to be known as the 
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1 ‘‘Infrastructure Deauthorization Commission’’ 

2 (referred to in this paragraph as the ‘‘Commis3 sion’’). 

4 (B) DUTIES.—The Commission shall carry 

5 out the review and recommendation duties de6 scribed in paragraph (5). 

7 (C) MEMBERSHIP.— 

8 (i) IN GENERAL.—The Commission 

9 shall be composed of 8 members, who shall 

10 be appointed by the President, by and with 

11 the advice and consent of the Senate accord12 ing to the expedited procedures described in 

13 clause (ii). 

14 (ii) EXPEDITED NOMINATION PROCE15 DURES.— 

16 (I) PRIVILEGED NOMINATIONS; IN17 FORMATION REQUESTED.—On receipt 

18 by the Senate of a nomination under 

19 clause (i), the nomination shall— 

20 (aa) be placed on the Execu21 tive Calendar under the heading 

22 ‘‘Privileged Nominations—Infor23 mation Requested’’; and 

24 (bb) remain on the Executive 

25 Calendar under that heading 
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1 until the Executive Clerk receives 

2 a written certification from the 

3 Chairman of the committee of ju4 risdiction under subclause (II). 

5 (II) QUESTIONNAIRES.—The 

6 Chairman of the Committee on Envi7 ronment and Public Works of the Sen8 ate shall notify the Executive Clerk in 

9 writing when the appropriate bio10 graphical and financial questionnaires 

11 have been received from an individual 

12 nominated for a position under clause 

13 (i). 

14 (III) PRIVILEGED NOMINATIONS; 

15 INFORMATION RECEIVED.—On receipt 

16 of the certification under subclause 

17 (II), the nomination shall— 

18 (aa) be placed on the Execu19 tive Calendar under the heading 

20 ‘‘Privileged Nomination—Infor21 mation Received’’ and remain on 

22 the Executive Calendar under that 

23 heading for 10 session days; and 

24 (bb) after the expiration of 

25 the period referred to in item 
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1 (aa), be placed on the ‘‘Nomina2 tions’’ section of the Executive 

3 Calendar. 

4 (IV) REFERRAL TO COMMITTEE

5 OF JURISDICTION.—During the period 

6 when a nomination under clause (i) is 

7 listed under the ‘‘Privileged Nomina8 tion—Information Requested’’ section 

9 of the Executive Calendar described in 

10 subclause (I)(aa) or the ‘‘Privileged 

11 Nomination—Information Received’’ 

12 section of the Executive Calendar de13 scribed in subclause (III)(aa)— 

14 (aa) any Senator may re15 quest on his or her own behalf, or 

16 on the behalf of any identified 

17 Senator that the nomination be 

18 referred to the appropriate com19 mittee of jurisdiction; and 

20 (bb) if a Senator makes a re21 quest described in paragraph item 

22 (aa), the nomination shall be re23 ferred to the appropriate com24 mittee of jurisdiction. 
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1 (V) EXECUTIVE CALENDAR.—The 

2 Secretary of the Senate shall create the 

3 appropriate sections on the Executive 

4 Calendar to reflect and effectuate the 

5 requirements of this clause. 

6 (VI) COMMITTEE JUSTIFICATION

7 FOR NEW EXECUTIVE POSITIONS.—The 

8 report accompanying each bill or joint 

9 resolution of a public character re10 ported by any committee shall contain 

11 an evaluation and justification made 

12 by that committee for the establishment 

13 in the measure being reported of any 

14 new position appointed by the Presi15 dent within an existing or new Federal 

16 entity. 

17 (iii) QUALIFICATIONS.—Members of the 

18 Commission shall be knowledgeable about 

19 Corps of Engineers water resources projects. 

20 (iv) GEOGRAPHICAL DIVERSITY.—To 

21 the maximum extent practicable, the mem22 bers of the Commission shall be geographi23 cally diverse. 

24 (D) COMPENSATION OF MEMBERS.— 
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1 (i) IN GENERAL.—Each member of the 

2 Commission who is not an officer or em3 ployee of the Federal Government shall be 

4 compensated at a rate equal to the daily 

5 equivalent of the annual rate of basic pay 

6 prescribed for level IV of the Executive 

7 Schedule under section 5315 of title 5, 

8 United States Code, for each day (including 

9 travel time) during which the member is en10 gaged in the performance of the duties of the 

11 Commission. 

12 (ii) FEDERAL EMPLOYEES.—All mem13 bers of the Commission who are officers or 

14 employees of the United States shall serve 

15 without compensation in addition to that 

16 received for their services as officers or em17 ployees of the United States. 

18 (iii) TRAVEL EXPENSES.—The mem19 bers of the Commission shall be allowed 

20 travel expenses, including per diem in lieu 

21 of subsistence, at rates authorized for em22 ployees of agencies under subchapter I of 

23 chapter 57 of title 5, United States Code, 

24 while away from their homes or regular 
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1 places of business in the performance of 

2 service for the Commission. 

3 (3) STATE WATER RESOURCES INFRASTRUCTURE

4 PLAN.—Not later than 2 years after the date of enact5 ment of this Act, each State, in consultation with 

6 local interests, may develop and submit to the Com7 mission, the Committee on Environment and Public 

8 Works of the Senate, and the Committee on Transpor9 tation and Infrastructure of the House of Representa10 tives, a detailed statewide water resources plan that 

11 includes a list of each water resources project that the 

12 State recommends for deauthorization. 

13 (4) CORPS OF ENGINEERS INFRASTRUCTURE

14 PLAN.—Not later than 2 years after the date of enact15 ment of this Act, the Secretary shall submit to the 

16 Commission, the Committee on Environment and 

17 Public Works of the Senate, and the Committee on 

18 Transportation and Infrastructure of the House of 

19 Representatives a detailed plan that— 

20 (A) contains a detailed list of each water re21 sources project that the Corps of Engineers rec22 ommends for deauthorization; and 

23 (B) is based on assessment by the Secretary 

24 of the needs of the United States for water re-
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1 sources infrastructure, taking into account public 

2 safety, the economy, and the environment. 

3 (5) REVIEW AND RECOMMENDATION COMMIS4 SION.— 

5 (A) IN GENERAL.—On the appointment and 

6 confirmation of all members of the Commission, 

7 the Commission shall solicit public comment on 

8 water resources infrastructure issues and prior9 ities and recommendations for deauthorization, 

10 including by— 

11 (i) holding public hearings throughout 

12 the United States; and 

13 (ii) receiving written comments. 

14 (B) RECOMMENDATIONS.— 

15 (i) IN GENERAL.—Not later than 4 

16 years after the date of enactment of this Act, 

17 the Commission shall submit to Congress a 

18 list of water resources projects of the Corps 

19 of Engineers for deauthorization. 

20 (ii) CONSIDERATIONS.—In carrying 

21 out this paragraph, the Commission shall 

22 establish criteria for evaluating projects for 

23 deauthorization, which shall include consid24 eration of— 
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1 (I) the infrastructure plans sub2 mitted by the States and the Secretary 

3 under paragraphs (3) and (4); 

4 (II) any public comment received 

5 during the period described in sub6 paragraph (A); 

7 (III) public safety and security; 

8 (IV) the environment; and 

9 (V) the economy. 

10 (C) NON-ELIGIBLE PROJECTS.—The fol11 lowing types of projects shall not be eligible for 

12 review for deauthorization by the Commission: 

13 (i) Any project authorized after the 

14 date of enactment of the Water Resources 

15 Development Act of 1996 (Public Law 104– 

16 303; 110 Stat. 3658), including any project 

17 that has been reauthorized after that date. 

18 (ii) Any project that, as of the date of 

19 enactment of this Act, is undergoing a re20 view by the Corps of Engineers. 

21 (iii) Any project that has received ap22 propriations in the 10-year period ending 

23 on the date of enactment of this Act. 
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1 (iv) Any project that, on the date of 

2 enactment of this Act, is more than 50 per3 cent complete. 

4 (v) Any project that has a viable non5 Federal sponsor. 

6 (D) CONGRESSIONAL DISAPPROVAL.—Any 

7 water resources project recommended for de8 authorization on the list submitted to Congress 

9 under subparagraph (B) shall be deemed to be 

10 deauthorized unless Congress passes a joint reso11 lution disapproving of the entire list of deauthor12 ized water resources projects prior to the date 

13 that is 180 days after the date on which the 

14 Commission submits the list to Congress. 

15 (6) APPLICATION.—For purposes of this sub16 section, water resources projects shall include environ17 mental infrastructure assistance projects and pro18 grams of the Corps of Engineers. 

19 SEC. 2050. REPORTS TO CONGRESS. 

20 (a) IN GENERAL.—Subject to the availability of appro21 priations, the Secretary shall complete and submit to Con22 gress by the applicable date required the reports that ad23 dress public safety and enhanced local participation in 

24 project delivery described in subsection (b). 
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1 (b) REPORTS.—The reports referred to in subsection 

2 (a) are the reports required under— 

3 (1) section 2020; 

4 (2) section 2022; 

5 (3) section 2025; 

6 (4) section 2026; 

7 (5) section 2039; 

8 (6) section 2040; 

9 (7) section 6007; and 

10 (8) section 10015. 

11 (c) FAILURE TO PROVIDE A COMPLETED REPORT.— 

12 (1) IN GENERAL.—Subject to subsection (d), if 

13 the Secretary fails to provide a report listed under 

14 subsection (b) by the date that is 180 days after the 

15 applicable date required for that report, $5,000 shall 

16 be reprogrammed from the General Expenses account 

17 of the civil works program of the Army Corps of En18 gineers into the account of the division of the Army 

19 Corps of Engineers with responsibility for completing 

20 that report. 

21 (2) SUBSEQUENT REPROGRAMMING.—Subject to 

22 subsection (d), for each additional week after the date 

23 described in paragraph (1) in which a report de24 scribed in that paragraph remains uncompleted and 

25 unsubmitted to Congress, $5,000 shall be repro-
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1 grammed from the General Expenses account of the 

2 civil works program of the Army Corps of Engineers 

3 into the account of the division of the Secretary of the 

4 Army with responsibility for completing that report. 

5 (d) LIMITATIONS.— 

6 (1) IN GENERAL.—For each report, the total 

7 amounts reprogrammed under subsection (c) shall not 

8 exceed, in any fiscal year, $50,000. 

9 (2) AGGREGATE LIMITATION.—The total amount 

10 reprogrammed under subsection (c) in a fiscal year 

11 shall not exceed $200,000. 

12 (e) NO FAULT OF THE SECRETARY.—Amounts shall 

13 not be reprogrammed under subsection (c) if the Secretary 

14 certifies in a letter to the applicable committees of Congress 

15 that— 

16 (1) a major modification has been made to the 

17 content of the report that requires additional analysis 

18 for the Secretary to make a final decision on the re19 port; 

20 (2) amounts have not been appropriated to the 

21 agency under this Act or any other Act to carry out 

22 the report; or 

23 (3) additional information is required from an 

24 entity other than the Corps of Engineers and is not 
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1 available in a timely manner to complete the report 

2 by the deadline. 

3 (f) LIMITATION.—The Secretary shall not reprogram 

4 funds to reimburse the Office of the Assistant Secretary of 

5 the Army for Civil Works for the loss of the funds. 

6 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to carry out this section 

8 $10,000,000. 

9 SEC. 2051. INDIAN SELF-DETERMINATION AND EDUCATION 

10 ASSISTANCE ACT CONFORMING AMENDMENT. 

11 Section 106(k) of the Indian Self-Determination and 

12 Education Assistance Act (25 U.S.C. 450j–1(k)) is amended 

13 by adding at the end the following: 

14 ‘‘(13) Interest payments, the retirement of prin15 cipal, the costs of issuance, and the costs of insurance 

16 or a similar credit support for a debt financing in17 strument, the proceeds of which are used to support 

18 a contracted construction project.’’. 

19 SEC. 2052. INVASIVE SPECIES REVIEW. 

20 The Secretary, in consultation with the Director of the 

21 United States Fish and Wildlife Service, the Chairman of 

22 the Tennessee Valley Authority, and other applicable heads 

23 of Federal agencies, shall— 

24 (1) carry out a review of existing Federal au25 thorities relating to responding to invasive species, 
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1 including aquatic weeds, aquatic snails, and other 

2 aquatic invasive species, that have an impact on 

3 water resources; and 

4 (2) based on the review under paragraph (1), 

5 make any recommendations to Congress and applica6 ble State agencies for improving Federal and State 

7 laws to more effectively respond to the threats posed 

8 by those invasive species. 

9 SEC. 2053. WETLANDS CONSERVATION STUDY. 

10 (a) IN GENERAL.—The Comptroller General of the 

11 United States shall carry out a study to identify all Federal 

12 programs relating to wetlands conservation. 

13 (b) REPORT.—The Comptroller General of the United 

14 States shall submit to Congress a report based on the study 

15 under subsection (a) describing options for maximizing wet16 lands conservation benefits while reducing redundancy, in17 creasing efficiencies, and reducing costs. 

18 SEC. 2054. DAM MODIFICATION STUDY. 

19 (a) IN GENERAL.—The Comptroller General of the 

20 United States shall, in consultation with the Corps of Engi21 neers, the Southeastern Power Administration, Federal hy22 dropower customers, downstream communities, and other 

23 stakeholders, carry out a study to evaluate the structural 

24 modifications made at Federal dams in the Cumberland 

25 River Basin beginning on January 1, 2000. 
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1 (b) CONTENTS.—The study under subsection (a) shall 

2 examine— 

3 (1) whether structural modifications at each dam 

4 have utilized new state-of-the-art design criteria 

5 deemed necessary for safety purposes that have not 

6 been used in other circumstances; 

7 (2) whether structural modifications at each dam 

8 for downstream safety were executed in accordance 

9 with construction criteria that had changed from the 

10 original construction criteria; 

11 (3) whether structural modifications at each dam 

12 assured safety; 

13 (4) any estimates by the Corps of Engineers of 

14 consequences of total dam failure if state-of-the-art 

15 construction criteria deemed necessary for safety pur16 poses were not employed; and 

17 (5) whether changes in underlying geology at 

18 any of the Federal dams in the Cumberland River 

19 Basin required structural modifications to assure 

20 dam safety. 

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

22 enactment of this Act, the Comptroller General of the United 

23 States shall submit to Congress a report based on the study 

24 under subsection (a) with findings on whether, with respect 

25 to structural modifications at Federal dams in the Cum-
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1 berland River Basin, the Corps of Engineers has selected 

2 and implemented design criteria that rely on state-of-the3 art design and construction criteria that will provide for 

4 the safety of downstream communities. 

5 SEC. 2055. NON-FEDERAL PLANS TO PROVIDE ADDITIONAL 

6 FLOOD RISK REDUCTION. 

7 (a) IN GENERAL.—If requested by a non-Federal inter8 est, the Secretary shall construct a locally preferred plan 

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

10 management project authorized under this Act if the Sec11 retary determines that— 

12 (1) the plan is technically feasible and environ13 mentally acceptable; and 

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

15 plan. 

16 (b) NON-FEDERAL COST SHARE.—If the Secretary 

17 constructs a locally preferred plan under subsection (a), the 

18 Federal share of the cost of the project shall be not greater 

19 than the share as provided by law for elements of the na20 tional economic development plan. 

21 SEC. 2056. MISSISSIPPI RIVER FORECASTING IMPROVE22 MENTS. 

23 (a) IN GENERAL.—The Secretary, in consultation with 

24 the Secretary of the department in which the Coast Guard 

25 is operating, the Director of the United States Geological 
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1 Survey, the Administrator of the National Oceanic and At2 mospheric Administration, and the Director of the National 

3 Weather Service, as applicable, shall improve forecasting on 

4 the Mississippi River by— 

5 (1) updating forecasting technology deployed on 

6 the Mississippi River and its tributaries through— 

7 (A) the construction of additional auto8 mated river gages; 

9 (B) the rehabilitation of existing automated 

10 and manual river gages; and 

11 (C) the replacement of manual river gages 

12 with automated gages, as the Secretary deter13 mines to be necessary; 

14 (2) constructing additional sedimentation ranges 

15 on the Mississippi River and its tributaries; and 

16 (3) deploying additional automatic identifica17 tion system base stations at river gage sites. 

18 (b) PRIORITIZATION.—In carrying out this section, the 

19 Secretary shall prioritize the sections of the Mississippi 

20 River on which additional and more reliable information 

21 would have the greatest impact on maintaining navigation 

22 on the Mississippi River. 

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

24 enactment of this Act, the Secretary shall submit to Con-
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1 gress a report on the activities carried out by the Secretary 

2 under this section. 

3 SEC. 2057. FLEXIBILITY IN MAINTAINING NAVIGATION. 

4 (a) IN GENERAL.—If the Secretary, in consultation 

5 with the Secretary of the department in which the Coast 

6 Guard is operating, determines it to be critical to main7 taining safe and reliable navigation within the authorized 

8 Federal navigation channel on the Mississippi River, the 

9 Secretary may carry out only those activities outside the 

10 authorized Federal navigation channel along the Mis11 sissippi River, including the construction and operation of 

12 maintenance of fleeting areas, that are necessary for safe 

13 and reliable navigation in the Federal channel. 

14 (b) REPORT.—Not later than 60 days after initiating 

15 an activity under this section, the Secretary shall submit 

16 to the Committee on Environment and Public Works of the 

17 Senate and the Committee on Transportation and Infra18 structure of the House of Representatives a report that in19 cludes— 

20 (1) a description of the activities undertaken, in21 cluding the costs associated with the activities; and 

22 (2) a comprehensive description of how the ac23 tivities are necessary for maintaining safe and reli24 able navigation of the Federal channel. 
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1 SEC. 2058. RESTRICTED AREAS AT CORPS OF ENGINEERS 

2 DAMS. 

3 (a) DEFINITIONS.—In this section: 

4 (1) RESTRICTED AREA.—The term ‘‘restricted 

5 area’’ means a restricted area for hazardous waters at 

6 dams and other civil works structures in the Cum7 berland River basin established pursuant to chapter 

8 10 of the regulation entitled ‘‘Project Operations: 

9 Navigation and Dredging Operations and Mainte10 nance Policies’’, published by the Corps of Engineers 

11 on November 29, 1996, and any related regulations or 

12 guidance. 

13 (2) STATE.—The term ‘‘State’’ means the appli14 cable agency of the State (including an official of that 

15 agency) in which the applicable dam is located that 

16 is responsible for enforcing boater safety. 

17 (b) RESTRICTION ON PHYSICAL BARRIERS.—Subject 

18 to subsection (c), the Secretary, acting through the Chief 

19 of Engineers, in the establishing and enforcing restricted 

20 areas, shall not take any action to establish a permanent 

21 physical barrier to prevent public access to waters down22 stream of a dam owned by the Corps of Engineers. 

23 (c) EXCLUSIONS.—For purposes of this section, the in24 stallation and maintenance of measures for alerting the 

25 public of hazardous water conditions and restricted areas, 

26 including sirens, strobe lights, and signage, shall not be con-
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1 sidered to be a permanent physical barrier under subsection 

2 (b). 

3 (d) ENFORCEMENT.— 

4 (1) IN GENERAL.—Enforcement of a restricted 

5 area shall be the sole responsibility of a State. 

6 (2) EXISTING AUTHORITIES.—The Secretary 

7 shall not assess any penalty for entrance into a re8 stricted area under section 4 of the Act entitled ‘‘An 

9 Act authorizing the construction of certain public 

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

11 other purposes’’, approved December 22, 1944 (16 

12 U.S.C. 460d). 

13 (e) DEVELOPMENT OR MODIFICATION OF RESTRICTED

14 AREAS.—In establishing a new restricted area or modifying 

15 an existing restricted area, the Secretary shall— 

16 (1) ensure that any restrictions are based on 

17 operational conditions that create hazardous waters; 

18 and 

19 (2) publish a draft describing the restricted area 

20 and seek and consider public comment on that draft 

21 prior to establishing or modifying any restricted area. 

22 (f) EFFECTIVE DATE.— 

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

24 section shall apply to the establishment of a new re-
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1 stricted area or the modification of an existing re2 stricted area on or after August 1, 2012. 

3 (2) EXISTING RESTRICTIONS.—If the Secretary, 

4 acting through the Chief of Engineers, has established 

5 a new restricted area or modified an existing re6 stricted area during the period beginning on August 

7 1, 2012, and ending on the date of enactment of this 

8 Act, the Secretary shall— 

9 (A) cease implementing the restricted area 

10 until the later of— 

11 (i) such time as the restricted area 

12 meets the requirements of this section; and 

13 (ii) the date that is 2 years after the 

14 date of enactment of this Act; and 

15 (B) remove any permanent physical bar16 riers constructed in connection with the re17 stricted area. 

18 SEC. 2059. MAXIMUM COST OF PROJECTS. 

19 Section 902 of the Water Resources Development Act 

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

21 (1) by striking ‘‘In order to’’ and inserting the 

22 following: 

23 ‘‘(a) IN GENERAL.—In order to’’; and 

24 (2) by adding at the end the following: 
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1 ‘‘(b) CONTRIBUTED FUNDS.—Nothing in this section 

2 affects the authority of the Secretary to complete construc3 tion of a water resources development project using funds 

4 contributed under section 5 of the Act of June 22, 1936 (33 

5 U.S.C. 701h).’’. 

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

7 (a) FINDINGS.—Congress finds that— 

8 (1) the Tennessee-Tombigbee Waterway Develop9 ment Authority is a 4-State compact comprised of the 

10 States of Alabama, Kentucky, Mississippi, and Ten11 nessee; 

12 (2) the Tennessee-Tombigbee Authority is the re13 gional non-Federal sponsor of the Tennessee14 Tombigbee Waterway; 

15 (3) the Tennessee-Tombigbee Waterway, com16 pleted in 1984, has fueled growth in the United States 

17 economy by reducing transportation costs and encour18 aging economic development; and 

19 (4) the selfless determination and tireless work of 

20 Donald G. Waldon, while serving as administrator of 

21 the waterway compact for 21 years, contributed great22 ly to the realization and success of the Tennessee23 Tombigbee Waterway. 

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

25 that, at an appropriate time and in accordance with the 
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1 rules of the House of Representatives and the Senate, the 

2 lock and dam located at mile 357.5 on the Tennessee3 Tombigbee Waterway should be known and designated as 

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

5 SEC. 2061. IMPROVING PLANNING AND ADMINISTRATION 

6 OF WATER SUPPLY STORAGE. 

7 (a) IN GENERAL.—The Secretary shall carry out ac8 tivities to enable non-Federal interests to anticipate and ac9 curately budget for annual operations and maintenance 

10 costs and, as applicable, repair, rehabilitation, and replace11 ments costs, including through— 

12 (1) the formulation by the Secretary of a uni13 form billing statement format for those storage agree14 ments relating to operations and maintenance costs, 

15 and as applicable, repair, rehabilitation, and replace16 ment costs, incurred by the Secretary, which, at a 

17 minimum, shall include— 

18 (A) a detailed description of the activities 

19 carried out relating to the water supply aspects 

20 of the project; 

21 (B) a clear explanation of why and how 

22 those activities relate to the water supply aspects 

23 of the project; and 

24 (C) a detailed accounting of the cost of car25 rying out those activities; and 
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1 (2) a review by the Secretary of the regulations 

2 and guidance of the Corps of Engineers relating to 

3 criteria and methods for the equitable distribution of 

4 joint project costs across project purposes in order to 

5 ensure consistency in the calculation of the appro6 priate share of joint project costs allocable to the 

7 water supply purpose. 

8 (b) REPORT TO CONGRESS.— 

9 (1) IN GENERAL.—Not later than 1 year after 

10 the date of enactment of this Act, the Secretary shall 

11 submit to Congress a report on the findings of the re12 views carried out under subsection (a)(2) and any 

13 subsequent actions taken by the Secretary relating to 

14 those reviews. 

15 (2) INCLUSIONS.—The report under paragraph 

16 (1) shall include an analysis of the feasibility and 

17 costs associated with the provision by the Secretary to 

18 each non-Federal interest of not less than 1 statement 

19 each year that details for each water storage agree20 ment with non-Federal interests at Corps of Engi21 neers projects the estimated amount of the operations 

22 and maintenance costs and, as applicable, the esti23 mated amount of the repair, rehabilitation, and re24 placement costs, for which the non-Federal interest 

25 will be responsible in that fiscal year. 
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1 (3) EXTENSION.—The Secretary may delay the 

2 submission of the report under paragraph (1) for a 

3 period not to exceed 180 days after the deadline de4 scribed in paragraph (1), subject to the condition that 

5 the Secretary submits a preliminary progress report 

6 to Congress not later than 1 year after the date of en7 actment of this Act. 

8 SEC. 2062. CREDITING AUTHORITY FOR FEDERALLY AU9 THORIZED NAVIGATION PROJECTS. 

10 A non-Federal interest for a navigation project may 

11 carry out operation and maintenance activities for that 

12 project subject to all applicable requirements that would 

13 apply to the Secretary carrying out such operations and 

14 maintenance, and may receive credit for the costs incurred 

15 by the non-Federal interest in carrying out such activities 

16 towards that non-Federal interest’s share of construction 

17 costs for a federally authorized element of the same project 

18 or another federally authorized navigation project, except 

19 that in no instance may such credit exceed 20 percent of 

20 the costs associated with construction of the general naviga21 tion features of the project for which such credit may be 

22 received pursuant to this section. 
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1 SEC. 2063. RIVER BASIN COMMISSIONS. 

2 Section 5019 of the Water Resources Development Act 

3 of 2007 (121 Stat. 1201) is amended by striking subsection 

4 (b) and inserting the following: 

5 ‘‘(b) AUTHORIZATION TO ALLOCATE.— 

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

7 Secretary shall allocate funds from the General Ex8 penses account of the civil works program of the 

9 Army Corps of Engineers to the Susquehanna River 

10 Basin Commission, Delaware River Basin Commis11 sion, and the Interstate Commission on the Potomac 

12 River Basin to fulfill the equitable funding require13 ments of the respective interstate compacts on an an14 nual basis and in amounts equal to the amount deter15 mined by Commission in accordance with the respec16 tive interstate compact. 

17 ‘‘(2) LIMITATION.—Not more than 1.5 percent of 

18 funds from the General Expenses account of the civil 

19 works program of the Army Corps of Engineers may 

20 be allocated in carrying out paragraph (1) for any 

21 fiscal year. 

22 ‘‘(3) REPORT.—For any fiscal year in which 

23 funds are not allocated in accordance with paragraph 

24 (1), the Secretary shall submit to the Committee on 

25 Environment and Public Works of the Senate and the 
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1 Committee on Transportation and Infrastructure of 

2 the House of Representatives a report that describes— 

3 ‘‘(A) the reasons why the Corps of Engi4 neers chose not to allocate funds in accordance 

5 with that paragraph; and 

6 ‘‘(B) the impact of the decision not to allo7 cate funds on water supply allocation, water 

8 quality protection, regulatory review and per9 mitting, water conservation, watershed planning, 

10 drought management, flood loss reduction, and 

11 recreation in each area of jurisdiction of the re12 spective Commission.’’. 

13 SEC. 2064. RESTRICTION ON CHARGES FOR CERTAIN SUR14 PLUS WATER. 

15 (a) IN GENERAL.—No fee for surplus water shall be 

16 charged under a contract for surplus water if the contract 

17 is for surplus water stored on the Missouri River. 

18 (b) OFFSET.—Of the amounts previously made avail19 able for ‘‘Corps of Engineers–Civil, Department of the 

20 Army, Operations and Maintenance’’ that remain unobli21 gated as of the effective date of this Act, $5,000,000 is hereby 

22 rescinded. 

23 (c) None of the funds under subsection (b) may be re24 scinded from amounts that were designated by the Congress 

25 as an emergency requirement pursuant to the Concurrent 
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1 Resolution on the Budget or the Balanced Budget and 

2 Emergency Deficit Control Act of 1985, as amended. 

3 TITLE III—PROJECT 

4 MODIFICATIONS 

5 SEC. 3001. PURPOSE. 

6 The purpose of this title is to modify existing water 

7 resource project authorizations, subject to the condition that 

8 the modifications do not affect authorized costs. 

9 SEC. 3002. CHATFIELD RESERVOIR, COLORADO. 

10 Section 116 of the Energy and Water Development and 

11 Related Agencies Appropriations Act, 2009 (123 Stat. 608), 

12 is amended in the matter preceding the proviso by inserting 

13 ‘‘(or a designee of the Department)’’ after ‘‘Colorado De14 partment of Natural Resources’’. 

15 SEC. 3003. MISSOURI RIVER RECOVERY IMPLEMENTATION 

16 COMMITTEE EXPENSES REIMBURSEMENT. 

17 Section 5018(b)(5) of the Water Resources Develop18 ment Act of 2007 (121 Stat. 1200) is amended by striking 

19 subparagraph (B) and inserting the following: 

20 ‘‘(B) TRAVEL EXPENSES.—Subject to the 

21 availability of funds, the Secretary may reim22 burse a member of the Committee for travel ex23 penses, including per diem in lieu of subsistence, 

24 at rates authorized for an employee of a Federal 

25 agency under subchapter I of chapter 57 of title 
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1 5, United States Code, while away from the 

2 home or regular place of business of the member 

3 in performance of services for the Committee.’’. 

4 SEC. 3004. HURRICANE AND STORM DAMAGE REDUCTION 

5 STUDY. 

6 With respect to the study for flood and storm damage 

7 reduction related to natural disasters to by carried out by 

8 the Secretary and authorized under the heading ‘‘INVES9 TIGATIONS’’ under title II of division A of Public Law 113– 

10 2, the Secretary shall include specific project recommenda11 tions in the report developed for that study. 

12 SEC. 3005. LOWER YELLOWSTONE PROJECT, MONTANA. 

13 Section 3109 of the Water Resources Development Act 

14 of 2007 (121 Stat. 1135) is amended— 

15 (1) by striking ‘‘The Secretary may’’ and insert16 ing the following: 

17 ‘‘(a) IN GENERAL.—The Secretary may’’; and 

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

19 ‘‘(b) LOCAL PARTICIPATION.—In carrying out sub20 section (a), the Secretary shall consult with, and consider 

21 the activities being carried out by— 

22 ‘‘(1) other Federal agencies; 

23 ‘‘(2) conservation districts; 

24 ‘‘(3) the Yellowstone River Conservation District 

25 Council; and 
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1 ‘‘(4) the State of Montana.’’. 

2 SEC. 3006. PROJECT DEAUTHORIZATIONS. 

3 (a) GOOSE CREEK, SOMERSET COUNTY, MARYLAND.— 

4 The project for navigation, Goose Creek, Somerset County, 

5 Maryland, carried out pursuant to section 107 of the Rivers 

6 and Harbor Act of 1960 (33 U.S.C. 577), is realigned as 

7 follows: Beginning at Goose Creek Channel Geometry Cen8 terline of the 60-foot-wide main navigational ship channel, 

9 Centerline Station No. 0+00, coordinates North 157851.80, 

10 East 1636954.70, as stated and depicted on the Condition 

11 Survey Goose Creek, Sheet 1 of 1, prepared by the United 

12 States Army Corps of Engineers, Baltimore District, July 

13 2003; thence departing the aforementioned centerline trav14 eling the following courses and distances: S. 64 degrees 49 

15 minutes 06 seconds E., 1583.82 feet to a point, on the out16 line of said 60-foot-wide channel thence binding on said 

17 out-line the following four courses and distances: S. 63 de18 grees 26 minutes 06 seconds E., 1460.05 feet to a point, 

19 thence; N. 50 degrees 38 minutes 26 seconds E., 973.28 feet 

20 to a point, thence; N. 26 degrees 13 minutes 09 seconds W., 

21 240.39 feet to a point on the Left Toe of the 60-foot-wide 

22 main navigational channel at computed Centerline Station 

23 No. 42+57.54, coordinates North 157357.84, East 

24 1640340.23. Geometry Left Toe of the 60-foot-wide main 

25 navigational ship channel, Left Toe Station No. 0+00, co-
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1 ordinates North 157879.00, East 1636967.40, as stated and 

2 depicted on the Condition Survey Goose Creek, Sheet 1 of 

3 1, prepared by the United States Army Corps of Engineers, 

4 Baltimore District, August 2010; thence departing the 

5 aforementioned centerline traveling the following courses 

6 and distances: S. 64 degrees 49 minutes 12 seconds E., 

7 1583.91 feet to a point, on the outline of said 60-foot-wide 

8 channel thence binding on said out-line the following eight 

9 courses and distances: S. 63 degrees 25 minutes 38 seconds 

10 E., 1366.25 feet to a point, thence; N. 83 degrees 36 minutes 

11 24 seconds E., 125.85 feet to a point, thence; N. 50 degrees 

12 38 minutes 26 seconds E., 805.19 feet to a point, thence; 

13 N. 12 degrees 12 minutes 29 seconds E., 78.33 feet to a 

14 point thence; N. 26 degrees 13 minutes 28 seconds W., 46.66 

15 feet to a point thence; S. 63 degrees 45 minutes 41 seconds 

16 W., 54.96 feet to a point thence; N. 26 degrees 13 minutes 

17 24 seconds W., 119.94 feet to a point on the Left Toe of 

18 the 60-foot-wide main navigational channel at computed 

19 Centerline Station No. 41+81.10, coordinates North 

20 157320.30, East 1640264.00. Geometry Right Toe of the 60- 

21 foot-wide main navigational ship channel, Right Toe Sta22 tion No. 0+00, coordinates North 157824.70, East 

23 1636941.90, as stated and depicted on the Condition Survey 

24 Goose Creek, Sheet 1 of 1, prepared by the United States 

25 Army Corps of Engineers, Baltimore District, August 2010; 
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1 thence departing the aforementioned centerline traveling the 

2 following courses and distances: S. 64 degrees 49 minutes 

3 06 seconds E., 1583.82 feet to a point, on the outline of 

4 said 60-foot-wide channel thence binding on said out-line 

5 the following six courses and distances: S. 63 degrees 25 

6 minutes 47 seconds E., 1478.79 feet to a point, thence; N. 

7 50 degrees 38 minutes 26 seconds E., 1016.69 feet to a 

8 point, thence; N. 26 degrees 14 minutes 49 seconds W., 

9 144.26 feet to a point, thence; N. 63 degrees 54 minutes 

10 03 seconds E., 55.01 feet to a point thence; N. 26 degrees 

11 12 minutes 08 seconds W., 120.03 feet to a point a point 

12 on the Right Toe of the 60-foot-wide main navigational 

13 channel at computed Centerline Station No. 43+98.61, co14 ordinates North 157395.40, East 1640416.50. 

15 (b) LOWER THOROUGHFARE, DEAL ISLAND, MARY16 LAND.—Beginning on the date of enactment of this Act, the 

17 Secretary is no longer authorized to carry out the portion 

18 of the project for navigation, Lower Thoroughfare, Mary19 land, authorized by the Act of June 25, 1910 (36 Stat. 630, 

20 chapter 382) (commonly known as the ‘‘River and Harbor 

21 Act of 1910’’), that begins at Lower Thoroughfare Channel 

22 Geometry Centerline of the 60-foot-wide main navigational 

23 ship channel, Centerline Station No. 44+88, coordinates 

24 North 170435.62, East 1614588.93, as stated and depicted 

25 on the Condition Survey Lower Thoroughfare, Deal Island, 
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1 Sheet 1 of 3, prepared by the United States Army Corps 

2 of Engineers, Baltimore District, August 2010; thence de3 parting the aforementioned centerline traveling the fol4 lowing courses and distances: S. 42 degrees 20 minutes 44 

5 seconds W., 30.00 feet to a point, on the outline of said 

6 60-foot-wide channel thence binding on said out-line the fol7 lowing four courses and distances: N. 64 degrees 08 minutes 

8 55 seconds W., 53.85 feet to a point, thence; N. 42 degrees 

9 20 minutes 43 seconds W., 250.08 feet to a point, thence; 

10 N. 47 degrees 39 minutes 03 seconds E., 20.00 feet to a 

11 point, thence; S. 42 degrees 20 minutes 44 seconds E., 

12 300.07 feet to a point binding on the Left Toe of the 60- 

13 foot-wide main navigational channel at computed Center14 line Station No. 43+92.67, coordinates North 170415.41, 

15 1614566.76; thence; continuing with the aforementioned 

16 centerline the following courses and distances: S. 42 degrees 

17 20 minutes 42 seconds W., 30.00 feet to a point, on the out18 line of said 60-foot-wide channel thence binding on said 

19 out-line the following four courses and distances: N. 20 de20 grees 32 minutes 06 seconds W., 53.85 feet to a point, 

21 thence; N. 42 degrees 20 minutes 49 seconds W., 250.08 feet 

22 to a point, thence; S. 47 degrees 39 minutes 03 seconds W., 

23 20.00 feet to a point, thence; S. 42 degrees 20 minutes 46 

24 seconds E., 300.08 feet to a point binding on the Left Toe 

25 of the 60-foot-wide main navigational channel at computed 
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1 Centerline Station No. 43+92.67, coordinates North 

2 170415.41, 1614566.76. 

3 (c) THOMASTON HARBOR, GEORGES RIVER, MAINE.— 

4 Beginning on the date of enactment of this Act, the Sec5 retary is no longer authorized to carry out the portion of 

6 the project for navigation, Georges River, Maine 

7 (Thomaston Harbor), authorized by the first section of the 

8 Act of June 3, 1896 (29 Stat. 215, chapter 314), and modi9 fied by section 317 of the Water Resources Development Act 

10 of 2000 (Public Law 106–541; 114 Stat. 2604), that lies 

11 northwesterly of a line commencing at point N87,220.51, 

12 E321,065.80 thence running northeasterly about 125 feet to 

13 a point N87,338.71, E321,106.46. 

14 (d) WARWICK COVE, RHODE ISLAND.—Beginning on 

15 the date of enactment of this Act, the Secretary is no longer 

16 authorized to carry out the portion of the project for naviga17 tion, Warwick Cove, Rhode Island, authorized by section 

18 107 of the River and Harbor Act of 1960 (33 U.S.C. 577) 

19 that is located within the 5 acre anchorage area east of the 

20 channel and lying east of the line beginning at a point with 

21 coordinates N220,349.79, E357,664.90 thence running 

22 north 9 degrees 10 minutes 21.5 seconds west 170.38 feet 

23 to a point N220,517.99, E357,637.74 thence running north 

24 17 degrees 44 minutes 30.4 seconds west 165.98 feet to a 

25 point N220,676.08, E357,587.16 thence running north 0 de-
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1 grees 46 minutes 0.9 seconds east 138.96 feet to a point 

2 N220,815.03, E357,589.02 thence running north 8 degrees 

3 36 minutes 22.9 seconds east 101.57 feet to a point 

4 N220,915.46, E357,604.22 thence running north 18 degrees 

5 18 minutes 27.3 seconds east 168.20 feet to a point 

6 N221,075.14, E357,657.05 thence running north 34 degrees 

7 42 minutes 7.2 seconds east 106.4 feet to a point 

8 N221,162.62, E357,717.63 thence running south 29 degrees 

9 14 minutes 17.4 seconds east 26.79 feet to a point 

10 N221,139.24, E357,730.71 thence running south 30 degrees 

11 45 minutes 30.5 seconds west 230.46 feet to a point 

12 N220,941.20, E357,612.85 thence running south 10 degrees 

13 49 minutes 12.0 seconds west 95.46 feet to a point 

14 N220,847.44, E357,594.93 thence running south 9 degrees 

15 13 minutes 44.5 seconds east 491.68 feet to a point 

16 N220,362.12, E357,673.79 thence running south 35 degrees 

17 47 minutes 19.4 seconds west 15.20 feet to the point of ori18 gin. 

19 (e) CLATSOP COUNTY DIKING DISTRICT NO. 10, 

20 KARLSON ISLAND, OREGON.—Beginning on the date of en21 actment of this Act, the Secretary is no longer authorized 

22 to carry out the Diking District No. 10, Karlson Island por23 tion of the project for raising and improving existing levees 

24 in Clatsop County, Oregon, authorized by section 5 of the 

25 Act of June 22, 1936 (33 U.S.C. 701h). 
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1 (f) NUMBERG DIKE NO. 34 LEVEED AREA, CLATSOP

2 COUNTY DIKING DISTRICT NO. 13, CLATSOP COUNTY, OR3 EGON (WALLUSKI-YOUNGS).—Beginning on the date of en4 actment of this Act, the Secretary is no longer authorized 

5 to carry out the Numberg Dike No. 34 leveed area, Clatsop 

6 County Diking District, No. 13, Walluski River and Youngs 

7 River dikes, portion of the project for raising and improv8 ing existing levees in Clatsop County, Oregon, authorized 

9 by section 5 of the Act of June 22, 1936 (33 U.S.C. 701h). 

10 (g) PORT OF HOOD RIVER, OREGON.— 

11 (1) EXTINGUISHMENT OF PORTIONS OF EXISTING

12 FLOWAGE EASEMENT.—With respect to the properties 

13 described in paragraph (2), beginning on the date of 

14 enactment of this Act, the flowage easement identified 

15 as Tract 1200E–6 on the Easement Deed recorded as 

16 Instrument No. 740320 is extinguished above ele17 vation 79.39 feet (NGVD 29) the Ordinary High 

18 Water Line. 

19 (2) AFFECTED PROPERTIES.—The properties re20 ferred to in paragraph (1), as recorded in Hood River 

21 County, Oregon, are as follows: 

22 (A) Instrument Number 2010–1235 

23 (B) Instrument Number 2010–02366. 

24 (C) Instrument Number 2010–02367. 

25 (D) Parcel 2 of Partition Plat #2011–12P. 
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1 (E) Parcel 1 of Partition Plat 2005–26P. 

2 (3) FEDERAL LIABILITIES; CULTURAL, ENVIRON3 MENTAL, AND OTHER REGULATORY REVIEWS.— 

4 (A) FEDERAL LIABILITY.—The United 

5 States shall not be liable for any injury caused 

6 by the extinguishment of the easement under this 

7 subsection. 

8 (B) CULTURAL AND ENVIRONMENTAL REGU9 LATORY ACTIONS.—Nothing in this subsection es10 tablishes any cultural or environmental regula11 tion relating to the properties described in para12 graph (2). 

13 (4) EFFECT ON OTHER RIGHTS.—Nothing in this 

14 subsection affects any remaining right or interest of 

15 the Corps of Engineers in the properties described in 

16 paragraph (2). 

17 (h) EIGHTMILE RIVER, CONNECTICUT.— 

18 (1) The portion of the project for navigation, 

19 Eightmile River, Connecticut, authorized by the first 

20 section of the Act of June 25, 1910 (commonly known 

21 as the ‘‘River and Harbor Act of 1910’’) (36 Stat. 

22 633, chapter 382), that begins at a point of the exist23 ing 8-foot channel limit with coordinates N701002.39, 

24 E1109247.73, thence running north 2 degrees 19 min25 utes 57.1 seconds east 265.09 feet to a point 
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1 N701267.26, E1109258.52, thence running north 7 

2 degrees 47 minutes 19.3 seconds east 322.32 feet to a 

3 point N701586.60, E1109302.20, thence running 

4 north 90 degrees 0 minutes 0 seconds east 65.61 to a 

5 point N701586.60, E1109367.80, thence running 

6 south 7 degrees 47 minutes 19.3 seconds west 328.11 

7 feet to a point N701261.52, E1109323.34, thence run8 ning south 2 degrees 19 minutes 57.1 seconds west 

9 305.49 feet to an end at a point N700956.28, 

10 E1109310.91 on the existing 8-foot channel limit, 

11 shall be reduced to a width of 65 feet and the channel 

12 realigned to follow the deepest available water. 

13 (2) Beginning on the date of enactment of this 

14 Act, the Secretary is no longer authorized to carry out 

15 the portion of the project beginning at a point 

16 N701296.72, E1109262.55 and running north 45 de17 grees 4 minutes 2.8 seconds west 78.09 feet to a point 

18 N701341.18, E1109217.98, thence running north 5 

19 degrees 8 minutes 34.6 seconds east 180.14 feet to a 

20 point N701520.59, E1109234.13, thence running 

21 north 54 degrees 5 minutes 50.1 seconds east 112.57 

22 feet to a point N701568.04, E1109299.66, thence run23 ning south 7 degrees 47 minutes 18.4 seconds west 

24 292.58 feet to the point of origin; and the remaining 

25 area north of the channel realignment beginning at a 
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1 point N700956.28, E1109310.91 thence running north 

2 2 degrees 19 minutes 57.1 seconds east 305.49 feet 

3 west to a point N701261.52, E1109323.34 north 7 de4 grees 47 minutes 18.4 seconds east 328.11 feet to a 

5 point N701586.60, E1109367.81 thence running north 

6 90 degrees 0 minutes 0 seconds east 7.81 feet to a 

7 point N701586.60, E1109375.62 thence running south 

8 5 degrees 8 minutes 34.6 seconds west 626.29 feet to 

9 a point N700962.83, E1109319.47 thence south 52 de10 grees 35 minutes 36.5 seconds 10.79 feet to the point 

11 of origin. 

12 (i) BURNHAM CANAL.—Beginning on the date of en13 actment of this Act, the Secretary is no longer authorized 

14 to carry out the portion of the project for navigation, Mil15 waukee Harbor Project, Milwaukee, Wisconsin, known as 

16 the Burnham Canal, beginning at channel point #415a 

17 N381768.648, E2524554.836, a distance of about 170.58 

18 feet, thence running south 53 degrees 43 minutes 41 seconds 

19 west to channel point #417 N381667.728, E2524417.311, 

20 a distance of about 35.01 feet, thence running south 34 de21 grees 10 minutes 40 seconds west to channel point #501 

22 N381638.761, E2524397.639 a distance of about 139.25 

23 feet, thence running south 34 degrees 10 minutes 48 seconds 

24 west to channel point #503 N381523.557, E2524319.406 

25 a distance of about 235.98 feet, thence running south 32 
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1 degrees 59 minutes 13 seconds west to channel point #505 

2 N381325.615, E2524190.925 a distance of about 431.29 

3 feet, thence running south 32 degrees 36 minutes 05 seconds 

4 west to channel point #509 N380962.276, E2523958.547, 

5 a distance of about 614.52 feet, thence running south 89 

6 degrees 05 minutes 00 seconds west to channel point #511 

7 N380952.445, E2523344.107, a distance of about 74.68 feet, 

8 thence running north 89 degrees 04 minutes 59 seconds west 

9 to channel point #512 N381027.13, E2523342.91, a dis10 tance of about 533.84 feet, thence running north 89 degrees 

11 05 minutes 00 seconds east to channel point #510 

12 N381035.67, E2523876.69, a distance of about 47.86 feet, 

13 thence running north 61 degrees 02 minutes 07 seconds east 

14 to channel point #508 N381058.84, E2523918.56, a dis15 tance of about 308.55 feet, thence running north 36 degrees 

16 15 minutes 29 seconds east to channel point #506 

17 N381307.65, E2524101.05, distance of about 199.98 feet, 

18 thence running north 32 degrees 59 minutes 12 seconds east 

19 to channel point #504 N381475.40, E2524209.93, a dis20 tance of about 195.14 feet, thence running north 26 degrees 

21 17 minutes 22 seconds east to channel point #502 

22 N381650.36, E2524296.36, a distance of about 81.82 feet, 

23 thence running north 88 degrees 51 minutes 05 seconds west 

24 to channel point #419 N381732.17, E2524294.72 a dis25 tance of about 262.65 feet, thence running north 82 degrees 
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1 01 minutes 02 seconds east to channel point # 415a the 

2 point of origin. 

3 (j) WALNUT CREEK, CALIFORNIA.—Beginning on the 

4 date of enactment of this Act, the Secretary is no longer 

5 authorized to carry out the portion of the project for flood 

6 protection on Walnut Creek, California, constructed in ac7 cordance with the plan authorized by section 203 of the 

8 Flood Control Act of 1960 (Public Law 86–645; 74 Stat. 

9 488) that consists of the culvert on the San Ramon Creek 

10 constructed by the Department of the Army in 1971 that 

11 extends from Sta 4+27 to Sta 14+27. 

12 SEC. 3007. RARITAN RIVER BASIN, GREEN BROOK SUB13 BASIN, NEW JERSEY. 

14 Title I of the Energy and Water Development Appro15 priations Act, 1998 (Public Law 105–62; 111 Stat. 1327) 

16 is amended by striking section 102. 

17 SEC. 3008. RED RIVER BASIN, OKLAHOMA, TEXAS, ARKAN18 SAS, LOUISIANA. 

19 (a) IN GENERAL.—The Secretary is authorized to reas20 sign unused irrigation storage within a reservoir on the Red 

21 River Basin to municipal and industrial water supply for 

22 use by a non-Federal interest if that non-Federal interest 

23 has already contracted for a share of municipal and indus24 trial water supply on the same reservoir. 
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1 (b) NON-FEDERAL INTEREST.—A reassignment of 

2 storage under subsection (a) shall be contingent upon the 

3 execution of an agreement between the Secretary and the 

4 applicable non-Federal interest. 

5 SEC. 3009. POINT JUDITH HARBOR OF REFUGE, RHODE IS6 LAND. 

7 The project for the Harbor of Refuge at Point Judith, 

8 Narragansett, Rhode Island, adopted by the Act of Sep9 tember 19, 1890 (commonly known as the ‘‘River and Har10 bor Act of 1890’’) (26 Stat. 426, chapter 907), House Docu11 ment numbered 66, 51st Congress, 1st Session, and modified 

12 to include the west shore arm breakwater under the first 

13 section of the Act of June 25, 1910 (commonly known as 

14 the ‘‘River and Harbor Act of 1910’’) (36 Stat. 632, chapter 

15 382), is further modified to include shore protection and 

16 erosion control as project purposes. 

17 SEC. 3010. LAND CONVEYANCE OF HAMMOND BOAT BASIN, 

18 WARRENTON, OREGON. 

19 (a) DEFINITIONS.—In this section: 

20 (1) CITY.—The term ‘‘City’’ means the city of 

21 Warrenton, located in Clatsop County, Oregon. 

22 (2) MAP.—The term ‘‘map’’ means the map con23 tained in Exhibit A of Department of the Army Lease 

24 No. DACW57–1–88–0033 (or a successor instrument). 
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1 (b) CONVEYANCE AUTHORITY.—Subject to the provi2 sions of this section, the Secretary shall convey to the City 

3 by quitclaim deed, and without consideration, all right, 

4 title, and interest of the United States in and to the parcel 

5 of land described in subsection (c). 

6 (c) DESCRIPTION OF LAND.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), the land referred to in subsection (b) is the 

9 parcel totaling approximately 59 acres located in the 

10 City, together with any improvements thereon, includ11 ing the Hammond Marina (as described in the map). 

12 (2) EXCLUSION.—The land referred to in sub13 section (b) shall not include the site provided for the 

14 fisheries research support facility of the National Ma15 rine Fisheries Service. 

16 (3) AVAILABILITY OF MAP.—The map shall be on 

17 file in the Portland District Office of the Corps of En18 gineers. 

19 (d) TERMS AND CONDITIONS.— 

20 (1) IN GENERAL.—As a condition of the convey21 ance under subsection (b), the City shall agree in 

22 writing— 

23 (A) that the City and any successor or as24 sign of the City will release and indemnify the 

25 United States from any claims or liabilities that 
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1 may arise from or through the operations of the 

2 land conveyed by the United States; and 

3 (B) to pay any cost associated with the con4 veyance under subsection (b). 

5 (2) ADDITIONAL TERMS AND CONDITIONS.—The 

6 Secretary may impose such additional terms, condi7 tions, and requirements on the conveyance under sub8 section (b) as the Secretary considers appropriate to 

9 protect the interest of the United States, including the 

10 requirement that the City assume full responsibility 

11 for operating and maintaining the channel and the 

12 breakwater. 

13 (e) REVERSION.—If the Secretary determines that the 

14 land conveyed under this section ceases to be owned by the 

15 public, all right, title, and interest in and to the land shall, 

16 at the discretion of the Secretary, revert to the United 

17 States. 

18 (f) DEAUTHORIZATION.—After the land is conveyed 

19 under this section, the land shall no longer be a portion 

20 of the project for navigation, Hammond Small Boat Basin, 

21 Oregon, authorized by section 107 of the Rivers and Harbor 

22 Act of 1960 (33 U.S.C. 577). 
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1 SEC. 3011. METRO EAST FLOOD RISK MANAGEMENT PRO2 GRAM, ILLINOIS. 

3 (a) IN GENERAL.—The following projects shall con4 stitute a program, to be known as the ‘‘Metro East Flood 

5 Risk Management Program, Illinois’’: 

6 (1) Prairie du Pont Drainage and Levee District 

7 and Fish Lake Drainage and Levee District, Illinois, 

8 authorized by— 

9 (A) section 5 of the Act of June 22, 1936 

10 (33 U.S.C. 701h); and 

11 (B) section 5070 of the Water Resources De12 velopment Act of 2007 (Public Law 110–114; 

13 121 Stat. 1220). 

14 (2) East St. Louis, Illinois, authorized by— 

15 (A) section 5 of the Act of June 22, 1936 

16 (33 U.S.C. 701h); and 

17 (B) Energy and Water Development Appro18 priation Act, 1988 (Public Law 100–202; 101 

19 Stat. 1329–104). 

20 (3) Wood River Drainage and Levee District, Il21 linois, authorized by— 

22 (A) section 4 of the Act entitled ‘‘An Act au23 thorizing the construction of certain public works 

24 on rivers and harbors for flood control, and for 

25 other purposes’’, approved June 28, 1938 (52 

26 Stat. 1218); and 
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1 (B) section 1001(20) of the Water Resources 

2 Development Act of 2007 (Public Law 110–114; 

3 121 Stat. 1053). 

4 SEC. 3012. FLORIDA KEYS WATER QUALITY IMPROVEMENTS. 

5 Section 109 of title I of division B of the Miscellaneous 

6 Appropriations Act, 2001 (114 Stat. 2763A–221, 121 Stat. 

7 1217) is amended— 

8 (1) in subsection (a), by inserting ‘‘and unincor9 porated communities’’ after ‘‘municipalities’’; and 

10 (2) by redesignating subsection (f) as subsection 

11 (g); and 

12 (3) by inserting after subsection (e) the following: 

13 ‘‘(f) PRIORITY.—In providing assistance under this 

14 section, the Secretary shall give priority to projects spon15 sored by— 

16 ‘‘(1) the State of Florida; 

17 ‘‘(2) Monroe County, Florida; and 

18 ‘‘(3) incorporated communities in Monroe Coun19 ty, Florida.’’. 

20 SEC. 3013. DES MOINES RECREATIONAL RIVER AND GREEN21 BELT, IOWA. 

22 The boundaries for the project referred to as the Des 

23 Moines Recreational River and Greenbelt, Iowa under the 

24 heading ‘‘CORPS OF ENGINEERS—CIVIL’’ under the heading 

25 ‘‘DEPARTMENT OF THE ARMY’’ under the heading ‘‘DE-
216 

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1 PARTMENT OF DEFENSE—CIVIL’’ in chapter IV of 

2 title I of the Supplemental Appropriations Act, 1985 (Pub3 lic Law 99–88, 99 Stat. 313) are revised to include the en4 tirety of sections 19 and 29, situated in T89N, R28W. 

5 SEC. 3014. LAND CONVEYANCE, CRANEY ISLAND DREDGED 

6 MATERIAL MANAGEMENT AREA, PORTS7 MOUTH, VIRGINIA. 

8 (a) IN GENERAL.—Subject to the conditions described 

9 in this section, the Secretary may convey to the Common10 wealth of Virginia, by quitclaim deed and without consider11 ation, all right, title, and interest of the United States in 

12 and to 2 parcels of land situated within the project for navi13 gation, Craney Island Eastward Expansion, Norfolk Har14 bor and Channels, Hampton Roads, Virginia, authorized 

15 by section 1001(45) of the Water Resources Development Act 

16 of 2007 (Pub. L. 110–114; 121 Stat. 1057), together with 

17 any improvements thereon. 

18 (b) LANDS TO BE CONVEYED.— 

19 (1) IN GENERAL.—The 2 parcels of land to be 

20 conveyed under this section include a parcel con21 sisting of approximately 307.82 acres of land and a 

22 parcel consisting of approximately 13.33 acres of 

23 land, both located along the eastern side of the Craney 

24 Island Dredged Material Management Area in Ports25 mouth, Virginia. 
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1 (2) USE.—The 2 parcels of land described in 

2 paragraph (1) may be used by the Commonwealth of 

3 Virginia exclusively for the purpose of port expansion, 

4 including the provision of road and rail access and 

5 the construction of a shipping container terminal. 

6 (c) TERMS AND CONDITIONS.—Land conveyed under 

7 this section shall be subject to— 

8 (1) a reversionary interest in the United States 

9 if the land— 

10 (A) ceases to be held in public ownership; or 

11 (B) is used for any purpose that is incon12 sistent with subsection (b); and 

13 (2) such other terms, conditions, reservations, 

14 and restrictions that the Secretary determines to be 

15 necessary and appropriate to protect the interests of 

16 the United States. 

17 (d) LEGAL DESCRIPTION.—The exact acreage and 

18 legal description of land to be conveyed under this section 

19 shall be determined by a survey that is satisfactory to the 

20 Secretary. 

21 (e) CONVEYANCE COSTS.—The Commonwealth of Vir22 ginia shall be responsible for all costs associated with the 

23 conveyance authorized by this section, including the cost of 

24 the survey required under subsection (d) and other adminis25 trative costs. 
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1 SEC. 3015. LOS ANGELES COUNTY DRAINAGE AREA, CALI2 FORNIA. 

3 The project for flood control, Los Angeles County 

4 Drainage Area, California, authorized by section 101(b) of 

5 the Water Resources Development Act of 1990 (Pub. L. 101– 

6 640; 104 Stat. 4611), as modified, is further modified to 

7 authorize the Secretary to include, as a part of the project, 

8 measures for flood risk reduction, ecosystem restoration, 

9 and recreation in the Compton Creek watershed. 

10 SEC. 3016. OAKLAND INNER HARBOR TIDAL CANAL, CALI11 FORNIA. 

12 Section 3182(b)(1) of the Water Resources Develop13 ment Act of 2007 (Public Law 110–114; 121 Stat. 1165) 

14 is amended— 

15 (1) in subparagraph (A), by inserting ‘‘, or to a 

16 multicounty public entity that is eligible to hold title 

17 to real property’’ after ‘‘To the city of Oakland’’; and 

18 (2) by inserting ‘‘multicounty public entity or 

19 other’’ before ‘‘public entity’’. 

20 SEC. 3017. REDESIGNATION OF LOWER MISSISSIPPI RIVER 

21 MUSEUM AND RIVERFRONT INTERPRETIVE 

22 SITE. 

23 (a) IN GENERAL.—Section 103(c)(1) of the Water Re24 sources Development Act of 1992 (106 Stat. 4811) is amend25 ed by striking ‘‘Lower Mississippi River Museum and 

26 Riverfront Interpretive Site’’ and inserting ‘‘Jesse Brent 
219 

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1 Lower Mississippi River Museum and Riverfront Interpre2 tive Site’’. 

3 (b) REFERENCES.—Any reference in a law, map, regu4 lation, document, paper, or other record of the United 

5 States to the museum and interpretive site referred to in 

6 subsection (a) shall be deemed to be a reference to the ‘‘Jesse 

7 Brent Lower Mississippi River Museum and Riverfront In8 terpretive Site’’. 

9 SEC. 3018. LOUISIANA COASTAL AREA. 

10 (a) INTERIM ADOPTION OF COMPREHENSIVE COASTAL

11 MASTER PLAN.— 

12 (1) IN GENERAL.—Section 7002 of the Water Re13 sources Development Act of 2007 (Public Law 110– 

14 114; 121 Stat. 1270) is amended— 

15 (A) by redesignating subsections (d) through 

16 (f) as subsections (e) through (g), respectively; 

17 (B) by inserting after subsection (c) the fol18 lowing: 

19 ‘‘(d) INTERIM ADOPTION OF COMPREHENSIVE MASTER

20 PLAN.—Prior to completion of the comprehensive plan de21 scribed under subsection (a), the Secretary shall adopt the 

22 plan of the State of Louisiana entitled ‘Louisiana’s Com23 prehensive Master Plan for a Sustainable Coast’ in effect 

24 on the date of enactment of the Water Resources Develop25 ment Act of 2013 (and subsequent plans), authorized and 
220 

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1 defined pursuant to Act 8 of the First Extraordinary Ses2 sion of the Louisiana State Legislature, 2005, for pro3 tecting, preserving, and restoring the coastal Louisiana eco4 system until implementation of the comprehensive plan is 

5 complete.’’; and 

6 (C) in subsection (g)(1) (as so redesignated), 

7 by striking ‘‘1 year’’ and inserting ‘‘10 years’’. 

8 (2) CONFORMING AMENDMENT.—Subsection (f) 

9 (as so redesignated) is amended by striking ‘‘sub10 section (d)(1)’’ and inserting ‘‘subsection (e)(1)’’. 

11 (b) Section 7006 of the Water Resources Development 

12 Act of 2007 (Public Law 110–114; 121 Stat. 1274) is 

13 amended— 

14 (1) in subsection (a)(2)— 

15 (A) by redesignating subparagraphs (C) 

16 and (D) as subparagraphs (D) and (E), respec17 tively; and 

18 (B) by inserting after subparagraph (B) the 

19 following: 

20 ‘‘(C) to examine a system-wide approach to 

21 coastal sustainability, including— 

22 ‘‘(i) flood and storm damage protec23 tion; 

24 ‘‘(ii) coastal restoration; and 
221 

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1 ‘‘(iii) the elevation of public and pri2 vate infrastructure;’’; and 

3 (2) in subsection (c)(1)(E), by striking ‘‘at Myr4 tle Grove’’ and inserting ‘‘in the vicinity of Myrtle 

5 Grove’’. 

6 (c) EFFECT.— 

7 (1) IN GENERAL.—Nothing in this section or an 

8 amendment made by this section authorizes the con9 struction of a project or program associated with a 

10 storm surge barrier across the Lake Pontchartrain 

11 land bridge (including Chef Menteur Pass and the 

12 Rigolets) that would result in unmitigated induced 

13 flooding in coastal communities within the State of 

14 Mississippi. 

15 (2) REQUIRED CONSULTATION.—Any study to 

16 advance a project described in paragraph (1) that is 

17 conducted using funds from the General Investiga18 tions Account of the Corps of Engineers shall include 

19 consultation and approval of the Governors of the 

20 States of Louisiana and Mississippi. 

21 SEC. 3019. FOUR MILE RUN, CITY OF ALEXANDRIA AND AR22 LINGTON COUNTY, VIRGINIA. 

23 Section 84(a)(1) of the Water Resources Development 

24 Act of 1974 (Public Law 93–251; 88 Stat. 35) is amended 
222 

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1 by striking ‘‘twenty-seven thousand cubic feet per second’’ 

2 and inserting ‘‘18,000 cubic feet per second’’. 

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

4 The portion of the project for flood protection on the 

5 East Fork of the Trinity River, Texas, authorized by section 

6 203 of the Flood Control Act of 1962 (76 Stat. 1185), that 

7 consists of the 2 levees identified as ‘‘Kaufman County Lev8 ees K5E and K5W’’ shall no longer be authorized as a part 

9 of the Federal project as of the date of enactment of this 

10 Act. 

11 SEC. 3021. SEWARD WATERFRONT, SEWARD, ALASKA. 

12 (a) IN GENERAL.—The parcel of land included in the 

13 Seward Harbor, Alaska navigation project identified as 

14 Tract H, Seward Original Townsite, Waterfront Park 

15 Replat, Plat No 2012–4, Seward Recording District, shall 

16 not be subject to the navigation servitude (as of the date 

17 of enactment of this Act). 

18 (b) ENTRY BY FEDERAL GOVERNMENT.—The Federal 

19 Government may enter upon any portion of the land re20 ferred to in subsection (a) to carry out any required oper21 ation and maintenance of the general navigation features 

22 of the project. 
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1 TITLE IV—WATER RESOURCE 

2 STUDIES 

3 SEC. 4001. PURPOSE. 

4 The purpose of this title is to authorize the Secretary 

5 to study and recommend solutions for water resource issues 

6 relating to flood risk and storm damage reduction, naviga7 tion, and aquatic ecosystem restoration. 

8 SEC. 4002. INITIATION OF NEW WATER RESOURCES STUD9 IES. 

10 (a) IN GENERAL.—Subject to subsections (b), (c), and 

11 (d), the Secretary may initiate a study— 

12 (1) to determine the feasibility of carrying out 1 

13 or more projects for flood risk management, storm 

14 damage reduction, aquatic ecosystem restoration, 

15 navigation, hydropower, or related purposes; or 

16 (2) to carry out watershed and river basin as17 sessments in accordance with section 729 of the Water 

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

19 2267a). 

20 (b) CRITERIA.—The Secretary may only initiate a 

21 study under subsection (a) if— 

22 (1) the study— 

23 (A) has been requested by an eligible non24 Federal interest; 
224 

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1 (B) is for an area that is likely to include 

2 a project with a Federal interest; and 

3 (C) addresses a high-priority water resource 

4 issue necessary for the protection of human life 

5 and property, the environment, or the national 

6 security interests of the United States; and 

7 (2) the non-Federal interest has demonstrated— 

8 (A) that local support exists for addressing 

9 the water resource issue; and 

10 (B) the financial ability to provide the re11 quired non-Federal cost-share. 

12 (c) CONGRESSIONAL APPROVAL.— 

13 (1) SUBMISSION TO CONGRESS.—Prior to initi14 ating a study under subsection (a), the Secretary 

15 shall submit to the Committees on Environment and 

16 Public Works and Appropriations of the Senate and 

17 the Committees on Transportation and Infrastructure 

18 and Appropriations of the House— 

19 (A) a description of the study, including the 

20 geographical area addressed by the study; 

21 (B) a description of how the study meets 

22 each of the requirements of subsection (b); and 

23 (C) a certification that the proposed study 

24 can be completed within 3 years and for a Fed25 eral cost of not more than $3,000,000. 
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1 (2) EXPENDITURE OF FUNDS.—No funds may be 

2 spent on a study initiated under subsection (a) un3 less— 

4 (A) the required information is submitted to 

5 Congress under paragraph (1); and 

6 (B) after such submission, amounts are ap7 propriated to initiate the study in an appropria8 tions or other Act. 

9 (3) ADDITIONAL NOTIFICATION.—The Secretary 

10 shall notify each Senator or Member of Congress with 

11 a State or congressional district in the study area de12 scribed in paragraph (1)(A). 

13 (d) LIMITATIONS.— 

14 (1) IN GENERAL.—Subsection (a) shall not apply 

15 to a project for which a study has been authorized 

16 prior to the date of enactment of this Act. 

17 (2) NEW STUDIES.—In each fiscal year, the Sec18 retary may initiate not more than— 

19 (A) 3 new studies in each of the primary 

20 mission areas of the Corps of Engineers; and 

21 (B) 3 new studies from any 1 division of 

22 the Corps of Engineers. 

23 (e) TERMINATION.—The authority under subsection 

24 (a) expires on the date that is 3 years after the date of en25 actment of this Act. 
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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Secretary to carry out 

3 this section $25,000,000 for each of fiscal years 2014 

4 through 2017. 

5 SEC. 4003. APPLICABILITY. 

6 (a) IN GENERAL.—Nothing in this title authorizes the 

7 construction of a water resources project. 

8 (b) NEW AUTHORIZATION REQUIRED.—New author9 ization from Congress is required before any project evalu10 ated in a study under this title is constructed. 

11 TITLE V—REGIONAL AND 

12 NONPROJECT PROVISIONS 

13 SEC. 5001. PURPOSE. 

14 The purpose of this title is to authorize regional, 

15 multistate authorities to address water resource needs and 

16 other non-project provisions. 

17 SEC. 5002. NORTHEAST COASTAL REGION ECOSYSTEM RES18 TORATION. 

19 (a) IN GENERAL.—The Secretary shall plan, design, 

20 and construct projects for aquatic ecosystem restoration 

21 within the coastal waters of the Northeastern United States 

22 from the State of Virginia to the State of Maine, including 

23 associated bays, estuaries, and critical riverine areas. 

24 (b) GENERAL COASTAL MANAGEMENT PLAN.— 
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1 (1) ASSESSMENT.—The Secretary, in coordina2 tion with the Administrator of the Environmental 

3 Protection Agency, the heads of other appropriate 

4 Federal agencies, the Governors of the coastal States 

5 from Virginia to Maine, nonprofit organizations, and 

6 other interested parties, shall assess the needs regard7 ing, and opportunities for, aquatic ecosystem restora8 tion within the coastal waters of the Northeastern 

9 United States. 

10 (2) PLAN.—The Secretary shall develop a general 

11 coastal management plan based on the assessment 

12 carried out under paragraph (1), maximizing the use 

13 of existing plans and investigation, which plan shall 

14 include— 

15 (A) an inventory and evaluation of coastal 

16 habitats; 

17 (B) identification of aquatic resources in 

18 need of improvement; 

19 (C) identification and prioritization of po20 tential aquatic habitat restoration projects; and 

21 (D) identification of geographical and eco22 logical areas of concern, including— 

23 (i) finfish habitats; 

24 (ii) diadromous fisheries migratory 

25 corridors; 
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1 (iii) shellfish habitats; 

2 (iv) submerged aquatic vegetation; 

3 (v) wetland; and 

4 (vi) beach dune complexes and other 

5 similar habitats. 

6 (c) ELIGIBLE PROJECTS.—The Secretary may carry 

7 out an aquatic ecosystem restoration project under this sec8 tion if the project— 

9 (1) is consistent with the management plan de10 veloped under subsection (b); and 

11 (2) provides for— 

12 (A) the restoration of degraded aquatic 

13 habitat (including coastal, saltmarsh, benthic, 

14 and riverine habitat); 

15 (B) the restoration of geographical or eco16 logical areas of concern, including the restora17 tion of natural river and stream characteristics; 

18 (C) the improvement of water quality; or 

19 (D) other projects or activities determined 

20 to be appropriate by the Secretary. 

21 (d) COST SHARING.— 

22 (1) MANAGEMENT PLAN.—The management plan 

23 developed under subsection (b) shall be completed at 

24 Federal expense. 
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1 (2) RESTORATION PROJECTS.—The non-Federal 

2 share of the cost of a project carried out under this 

3 section shall be 35 percent. 

4 (e) COST LIMITATION.—Not more than $10,000,000 in 

5 Federal funds may be allocated under this section for an 

6 eligible project. 

7 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section (in9 cluding funds for the completion of the management plan) 

10 $25,000,000 for each of fiscal years 2014 through 2023. 

11 SEC. 5003. CHESAPEAKE BAY ENVIRONMENTAL RESTORA12 TION AND PROTECTION PROGRAM. 

13 Section 510 of the Water Resources Development Act 

14 of 1996 (Public Law 104–303; 110 Stat. 3759; 121 Stat. 

15 1202) is amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (1)— 

18 (i) by striking ‘‘pilot program’’ and 

19 inserting ‘‘program’’; and 

20 (ii) by inserting ‘‘in the basin States 

21 described in subsection (f) and the District 

22 of Columbia’’ after ‘‘interests’’; and 

23 (B) by striking paragraph (2) and inserting 

24 the following: 
230 

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1 ‘‘(2) FORM.—The assistance under paragraph 

2 (1) shall be in the form of design and construction as3 sistance for water-related resource protection and res4 toration projects affecting the Chesapeake Bay estu5 ary, based on the comprehensive plan under sub6 section (b), including projects for— 

7 ‘‘(A) sediment and erosion control; 

8 ‘‘(B) protection of eroding shorelines; 

9 ‘‘(C) ecosystem restoration, including res10 toration of submerged aquatic vegetation; 

11 ‘‘(D) protection of essential public works; 

12 ‘‘(E) beneficial uses of dredged material; 

13 and 

14 ‘‘(F) other related projects that may en15 hance the living resources of the estuary.’’; 

16 (2) by striking subsection (b) and inserting the 

17 following: 

18 ‘‘(b) COMPREHENSIVE PLAN.— 

19 ‘‘(1) IN GENERAL.—Not later than 2 years after 

20 the date of enactment of the Water Resources Develop21 ment Act of 2013, the Secretary, in cooperation with 

22 State and local governmental officials and affected 

23 stakeholders, shall develop a comprehensive Chesa24 peake Bay restoration plan to guide the implementa25 tion of projects under subsection (a)(2). 
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1 ‘‘(2) COORDINATION.—The restoration plan de2 scribed in paragraph (1) shall, to the maximum ex3 tent practicable, consider and avoid duplication of 

4 any ongoing or planned actions of other Federal, 

5 State, and local agencies and nongovernmental orga6 nizations. 

7 ‘‘(3) PRIORITIZATION.—The restoration plan de8 scribed in paragraph (1) shall give priority to 

9 projects eligible under subsection (a)(2) that will also 

10 improve water quality or quantity or use natural 

11 hydrological features and systems. 

12 ‘‘(4) ADMINISTRATION.—The Federal share of the 

13 costs of carrying out paragraph (1) shall be 75 per14 cent.’’; 

15 (3) in subsection (c)— 

16 (A) in paragraph (1), by striking ‘‘to pro17 vide’’ and all that follows through the period at 

18 the end and inserting ‘‘for the design and con19 struction of a project carried out pursuant to the 

20 comprehensive Chesapeake Bay restoration plan 

21 described in subsection (b).’’; 

22 (B) in paragraph (2)(A), by striking ‘‘fa23 cilities or resource protection and development 

24 plan’’ and inserting ‘‘resource protection and 

25 restoration plan’’; and 
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1 (C) by adding at the end the following: 

2 ‘‘(3) PROJECTS ON FEDERAL LAND.—A project 

3 carried out pursuant to the comprehensive Chesapeake 

4 Bay restoration plan described in subsection (b) that 

5 is located on Federal land shall be carried out at the 

6 expense of the Federal agency that owns the land on 

7 which the project will be a carried out. 

8 ‘‘(4) NON-FEDERAL CONTRIBUTIONS.—A Federal 

9 agency carrying out a project described in paragraph 

10 (3) may accept contributions of funds from non-Fed11 eral entities to carry out that project.’’; 

12 (4) by striking subsection (e) and inserting the 

13 following: 

14 ‘‘(e) COOPERATION.—In carrying out this section, the 

15 Secretary shall cooperate with— 

16 ‘‘(1) the heads of appropriate Federal agencies, 

17 including— 

18 ‘‘(A) the Administrator of the Environ19 mental Protection Agency; 

20 ‘‘(B) the Secretary of Commerce, acting 

21 through the Administrator of the National 

22 Oceanographic and Atmospheric Administration; 

23 ‘‘(C) the Secretary of the Interior, acting 

24 through the Director of the United States Fish 

25 and Wildlife Service; and 
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1 ‘‘(D) the heads of such other Federal agen2 cies as the Secretary determines to be appro3 priate; and 

4 ‘‘(2) agencies of a State or political subdivision 

5 of a State, including the Chesapeake Bay Commis6 sion.’’; 

7 (5) by striking subsection (f) and inserting the 

8 following: 

9 ‘‘(f) PROJECTS.—The Secretary shall establish, to the 

10 maximum extent practicable, at least 1 project under this 

11 section in— 

12 ‘‘(1) regions within the Chesapeake Bay water13 shed of each of the basin States of Delaware, Mary14 land, New York, Pennsylvania, Virginia, and West 

15 Virginia; and 

16 ‘‘(2) the District of Columbia.’’; 

17 (6) by striking subsection (h); and 

18 (7) by redesignating subsection (i) as subsection 

19 (h). 

20 SEC. 5004. RIO GRANDE ENVIRONMENTAL MANAGEMENT 

21 PROGRAM, COLORADO, NEW MEXICO, TEXAS. 

22 Section 5056 of the Water Resources Development Act 

23 of 2007 (121 Stat. 1213) is amended— 

24 (1) in subsection (b)(2)— 
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1 (A) in the matter preceding subparagraph 

2 (A), by striking ‘‘2008’’ and inserting ‘‘2014’’; 

3 and 

4 (B) in subparagraph (C), by inserting ‘‘and 

5 an assessment of needs for other related purposes 

6 in the Rio Grande Basin, including flood dam7 age reduction’’ after ‘‘assessment’’; 

8 (2) in subsection (c)(2)— 

9 (A) by striking ‘‘an interagency agreement 

10 with’’ and inserting ‘‘1 or more interagency 

11 agreements with the Secretary of State and’’; 

12 and 

13 (B) by inserting ‘‘or the U.S. Section of the 

14 International Boundary and Water Commis15 sion’’ after ‘‘the Department of the Interior’’; 

16 and 

17 (3) in subsection (f), by striking ‘‘2011’’ and in18 serting ‘‘2024’’. 

19 SEC. 5005. LOWER COLUMBIA RIVER AND TILLAMOOK BAY 

20 ECOSYSTEM RESTORATION, OREGON AND 

21 WASHINGTON. 

22 Section 536(g) of the Water Resources Development Act 

23 of 2000 (114 Stat. 2661) is amended by striking 

24 ‘‘$30,000,000’’ and inserting ‘‘$75,000,000’’. 
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1 SEC. 5006. ARKANSAS RIVER, ARKANSAS AND OKLAHOMA. 

2 (a) PROJECT GOAL.—The goal for operation of the 

3 McClellan-Kerr Arkansas River navigation system, Arkan4 sas and Oklahoma, shall be to maximize the use of the sys5 tem in a balanced approach that incorporates advice from 

6 representatives from all project purposes to ensure that the 

7 full value of the system is realized by the United States. 

8 (b) MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION

9 SYSTEM ADVISORY COMMITTEE.— 

10 (1) IN GENERAL.—In accordance with the Fed11 eral Advisory Committee Act (5 U.S.C. App.), the 

12 Secretary shall establish an advisory committee for 

13 the McClellan-Kerr Arkansas River navigation sys14 tem, Arkansas and Oklahoma, project authorized by 

15 the Act of July 24, 1946 (60 Stat. 635, chapter 595). 

16 (2) DUTIES.—The advisory committee shall— 

17 (A) serve in an advisory capacity only; and 

18 (B) provide information and recommenda19 tions to the Corps of Engineers relating to the ef20 ficiency, reliability, and availability of the oper21 ations of the McClellan-Kerr Arkansas River 

22 navigation system. 

23 (3) SELECTION AND COMPOSITION.—The advi24 sory committee shall be— 
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1 (A) selected jointly by the Little Rock dis2 trict engineer and the Tulsa district engineer; 

3 and 

4 (B) composed of members that equally rep5 resent the McClellan-Kerr Arkansas River navi6 gation system project purposes. 

7 (4) AGENCY RESOURCES.—The Little Rock dis8 trict and the Tulsa district of the Corps of Engineers, 

9 under the supervision of the southwestern division, 

10 shall jointly provide the advisory committee with ade11 quate staff assistance, facilities, and resources. 

12 (5) TERMINATION.— 

13 (A) IN GENERAL.—Subject to subparagraph 

14 (B), the advisory committee shall terminate on 

15 the date on which the Secretary submits a report 

16 to Congress demonstrating increases in the effi17 ciency, reliability, and availability of the 

18 McClellan-Kerr Arkansas River navigation sys19 tem. 

20 (B) RESTRICTION.—The advisory committee 

21 shall terminate not less than 2 calendar years 

22 after the date on which the advisory committee 

23 is established. 
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1 SEC. 5007. AQUATIC INVASIVE SPECIES PREVENTION AND 

2 MANAGEMENT; COLUMBIA RIVER BASIN. 

3 (a) IN GENERAL.—The Secretary may establish a pro4 gram to prevent and manage aquatic invasive species in 

5 the Columbia River Basin in the States of Idaho, Montana, 

6 Oregon, and Washington. 

7 (b) WATERCRAFT INSPECTION STATIONS.— 

8 (1) IN GENERAL.—In carrying out this section, 

9 the Secretary shall establish watercraft inspection sta10 tions in the Columbia River Basin to be located in 

11 the States of Idaho, Montana, Oregon, and Wash12 ington at locations, as determined by the Secretary, 

13 with the highest likelihood of preventing the spread of 

14 aquatic invasive species into reservoirs operated and 

15 maintained by the Secretary. 

16 (2) INCLUSIONS.—Locations identified under 

17 paragraph (1) may include— 

18 (A) State border crossings; 

19 (B) international border crossings; and 

20 (C) highway entry points that are used by 

21 owners of watercraft to access boat launch facili22 ties owned or managed by the Secretary. 

23 (3) COST-SHARE.—The non-Federal share of the 

24 cost of operating and maintaining watercraft inspec25 tion stations described in paragraph (1) (including 

26 personnel costs) shall be 50 percent. 
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1 (4) OTHER INSPECTION SITES.—The Secretary 

2 may establish watercraft inspection stations using 

3 amounts made available to carry out this section in 

4 States other than those described in paragraph (1) at 

5 or near boat launch facilities that the Secretary deter6 mines are regularly used by watercraft to enter the 

7 States described in paragraph (1). 

8 (c) MONITORING AND CONTINGENCY PLANNING.—The 

9 Secretary shall— 

10 (1) carry out risk assessments of each major pub11 lic and private water resources facility in the Colum12 bia River Basin; 

13 (2) establish an aquatic invasive species moni14 toring program in the Columbia River Basin; 

15 (3) establish a Columbia River Basin watershed16 wide plan for expedited response to an infestation of 

17 aquatic invasive species; and 

18 (4) monitor water quality, including sediment 

19 cores and fish tissue samples, at facilities owned or 

20 managed by the Secretary in the Columbia River 

21 Basin. 

22 (d) COORDINATION.—In carrying out this section, the 

23 Secretary shall consult and coordinate with— 

24 (1) the States described in subsection (a); 

25 (2) Indian tribes; and 
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1 (3) other Federal agencies, including— 

2 (A) the Department of Agriculture; 

3 (B) the Department of Energy; 

4 (C) the Department of Homeland Security; 

5 (D) the Department of Commerce; and 

6 (E) the Department of the Interior. 

7 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to the Secretary to carry out 

9 this section $30,000,000, of which $5,000,000 may be used 

10 to carry out subsection (c). 

11 SEC. 5008. UPPER MISSOURI BASIN FLOOD AND DROUGHT 

12 MONITORING. 

13 (a) IN GENERAL.—The Secretary, in coordination 

14 with the Administrator of the National Oceanic and Atmos15 pheric Administration, the Chief of the Natural Resources 

16 Conservation Service, the Director of the United States Geo17 logical Survey, and the Commissioner of the Bureau of Rec18 lamation, shall establish a program to provide for— 

19 (1) soil moisture and snowpack monitoring in 

20 the Upper Missouri River Basin to reduce flood risk 

21 and improve river and water resource management in 

22 the Upper Missouri River Basin, as outlined in the 

23 February 2013 report entitled ‘‘Upper Missouri Basin 

24 Monitoring Committee—Snow Sampling and Instru25 mentation Recommendations’’; 
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1 (2) restoring and maintaining existing mid- and 

2 high-elevation snowpack monitoring sites operated 

3 under the SNOTEL program of the Natural Resources 

4 Conservation Service; and 

5 (3) operating streamflow gages and related inter6 pretive studies in the Upper Missouri River Basin 

7 under the cooperative water program and the na8 tional streamflow information program of the United 

9 States Geological Service. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to the Secretary to carry out 

12 this section $11,250,000. 

13 (c) USE OF FUNDS.—Amounts made available to the 

14 Secretary under this section shall be used to complement 

15 other related activities of Federal agencies that are carried 

16 out within the Missouri River Basin. 

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

18 enactment of this Act, the Comptroller General of the United 

19 States, in consultation with the Secretary, shall submit to 

20 the Committee on Environment and Public Works of the 

21 Senate and the Committee on Transportation and Infra22 structure of the House of Representatives a report that— 

23 (1) identifies progress made by the Secretary and 

24 other Federal agencies to implement the recommenda25 tions contained in the report described in subsection 
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1 (a)(1) with respect to enhancing soil moisture and 

2 snowpack monitoring in the Upper Missouri Basin; 

3 and 

4 (2) includes recommendations to enhance soil 

5 moisture and snowpack monitoring in the Upper Mis6 souri Basin. 

7 SEC. 5009. UPPER MISSOURI BASIN SHORELINE EROSION 

8 PREVENTION. 

9 (a) IN GENERAL.— 

10 (1) AUTHORIZATION OF ASSISTANCE.—The Sec11 retary may provide planning, design, and construc12 tion assistance to not more than 3 federally-recog13 nized Indian tribes in the Upper Missouri River 

14 Basin to undertake measures to address shoreline ero15 sion that is jeopardizing existing infrastructure re16 sulting from operation of a reservoir constructed 

17 under the Pick-Sloan Missouri River Basin Program 

18 (authorized by section 9 of the Act of December 22, 

19 1944 (commonly known as the ‘‘Flood Control Act of 

20 1944’’) (58 Stat. 891, chapter 665)). 

21 (2) LIMITATION.—The projects described in 

22 paragraph (1) shall be economically justified, tech23 nically feasible, and environmentally acceptable. 

24 (b) FEDERAL AND NON-FEDERAL COST SHARE.— 
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1 (1) IN GENERAL.—Subject to paragraph (2), the 

2 Federal share of the costs of carrying out this section 

3 shall be not less than 75 percent. 

4 (2) ABILITY TO PAY.—The Secretary may adjust 

5 the Federal and non-Federal shares of the costs of car6 rying out this section in accordance with the terms 

7 and conditions of section 103(m) of the Water Re8 sources Development Act of 1986 (33 U.S.C. 

9 2213(m)). 

10 (c) CONDITIONS.—The Secretary may provide the as11 sistance described in subsection (a) only after— 

12 (1) consultation with the Department of the Inte13 rior; and 

14 (2) execution by the Indian tribe of a memo15 randum of agreement with the Secretary that specifies 

16 that the tribe shall— 

17 (A) be responsible for— 

18 (i) all operation and maintenance ac19 tivities required to ensure the integrity of 

20 the measures taken; and 

21 (ii) providing any required real estate 

22 interests in and to the property on which 

23 such measures are to be taken; and 

24 (B) hold and save the United States free 

25 from damages arising from planning, design, or 
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1 construction assistance provided under this sec2 tion, except for damages due to the fault or neg3 ligence of the United States or its contractors. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—For each 

5 Indian tribe eligible under this section, there is authorized 

6 to be appropriated to carry out this section not more than 

7 $30,000,000. 

8 SEC. 5010. NORTHERN ROCKIES HEADWATERS EXTREME 

9 WEATHER MITIGATION. 

10 (a) IN GENERAL.—Subject to subsection (b), the Sec11 retary shall establish a program to mitigate the impacts 

12 of extreme weather events, such as floods and droughts, on 

13 communities, water users, and fish and wildlife located in 

14 and along the headwaters of the Columbia, Missouri, and 

15 Yellowstone Rivers (including the tributaries of those rivers) 

16 in the States of Idaho and Montana by carrying out river, 

17 stream, and floodplain protection and restoration projects, 

18 including— 

19 (1) floodplain restoration and reconnection; 

20 (2) floodplain and riparian area protection 

21 through the use of conservation easements; 

22 (3) instream flow restoration projects; 

23 (4) fish passage improvements; 

24 (5) channel migration zone mapping; and 

25 (6) invasive weed management. 
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1 (b) RESTRICTION.—All projects carried out using 

2 amounts made available to carry out this section shall em3 phasize the protection and enhancement of natural riverine 

4 processes. 

5 (c) NON-FEDERAL COST SHARE.—The non-Federal 

6 share of the costs of carrying out a project under this section 

7 shall not exceed 35 percent of the total cost of the project. 

8 (d) COORDINATION.—In carrying out this section, the 

9 Secretary— 

10 (1) shall consult and coordinate with the appro11 priate State natural resource agency in each State; 

12 and 

13 (2) may— 

14 (A) delegate any authority or responsibility 

15 of the Secretary under this section to those State 

16 natural resource agencies; and 

17 (B) provide amounts made available to the 

18 Secretary to carry out this section to those State 

19 natural resource agencies. 

20 (e) LIMITATIONS.—Nothing in this section invalidates, 

21 preempts, or creates any exception to State water law, State 

22 water rights, or Federal or State permitted activities or 

23 agreements in the States of Idaho and Montana or any 

24 State containing tributaries to rivers in those States. 

25 (f) EFFECT OF SECTION.— 
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1 (1) IN GENERAL.—Nothing in this section re2 places or provides a substitute for the authority to 

3 carry out projects under section 3110 of the Water 

4 Resources Development Act of 2007 (121 Stat. 1135). 

5 (2) FUNDING.—The amounts made available to 

6 carry out this section shall be used to carry out 

7 projects that are not otherwise carried out under sec8 tion 3110 of the Water Resources Development Act of 

9 2007 (121 Stat. 1135). 

10 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to the Secretary to carry out 

12 this section $30,000,000. 

13 SEC. 5011. AQUATIC NUISANCE SPECIES PREVENTION, 

14 GREAT LAKES AND MISSISSIPPI RIVER BASIN. 

15 (a) IN GENERAL.—The Secretary is authorized to im16 plement measures recommended in the efficacy study au17 thorized under section 3061 of the Water Resources Develop18 ment Act of 2007 (121 Stat. 1121) or in interim reports, 

19 with any modifications or any emergency measures that the 

20 Secretary determines to be appropriate to prevent aquatic 

21 nuisance species from dispersing into the Great Lakes by 

22 way of any hydrologic connection between the Great Lakes 

23 and the Mississippi River Basin. 

24 (b) REPORTS.—The Secretary shall report to the Com25 mittees on Environment and Public Works and Appropria-
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1 tions of the Senate and the Committees on Transportation 

2 and Infrastructure and Appropriations of the House of 

3 Representatives any emergency actions taken pursuant to 

4 this section. 

5 SEC. 5012. MIDDLE MISSISSIPPI RIVER PILOT PROGRAM. 

6 (a) IN GENERAL.—In accordance with the project for 

7 navigation, Mississippi River between the Ohio and Mis8 souri Rivers (Regulating Works), Missouri and Illinois, au9 thorized by the Act of June 25, 1910 (36 Stat. 631, chapter 

10 382) (commonly known as the ‘‘River and Harbor Act of 

11 1910’’), the Act of January 1, 1927 (44 Stat. 1010, chapter 

12 47) (commonly known as the ‘‘River and Harbor Act of 

13 1927’’), and the Act of July 3, 1930 (46 Stat. 918, chapter 

14 847), the Secretary shall carry out a pilot program to re15 store and protect fish and wildlife habitat in the middle 

16 Mississippi River. 

17 (b) AUTHORIZED ACTIVITIES.—As part of the pilot 

18 program carried out under subsection (a), the Secretary 

19 may carry out any activity along the Middle Mississippi 

20 River that is necessary to improve navigation through the 

21 project while restoring and protecting fish and wildlife 

22 habitat in the middle Mississippi River if the Secretary de23 termines that the activity is feasible. 

24 (c) COST-SHARING REQUIREMENT.— 
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1 (1) IN GENERAL.—The maximum Federal share 

2 of the cost of carrying out a project under this section 

3 shall be 65 percent. 

4 (2) AMOUNT EXPENDED PER PROJECT.—The 

5 Federal share described in paragraph (1) shall not ex6 ceed $10,000,000 for each project. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section 

9 $25,000,000 for each of fiscal years 2014 through 2023. 

10 SEC. 5013. IDAHO, MONTANA, RURAL NEVADA, NEW MEXICO, 

11 RURAL UTAH, AND WYOMING. 

12 Section 595 of the Water Resources Development Act 

13 of 1999 (Public Law 106–53; 113 Stat. 383) is amended— 

14 (1) by striking subsection (c) and inserting the 

15 following: 

16 ‘‘(c) FORM OF ASSISTANCE.—Assistance under this 

17 section may be in the form of— 

18 ‘‘(1) design and construction assistance for 

19 water-related environmental infrastructure and re20 source protection and development in Idaho, Mon21 tana, rural Nevada, New Mexico, rural Utah, and 

22 Wyoming, including projects for— 

23 ‘‘(A) wastewater treatment and related fa24 cilities; 

25 ‘‘(B) water supply and related facilities; 
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1 ‘‘(C) environmental restoration; and 

2 ‘‘(D) surface water resource protection and 

3 development; and 

4 ‘‘(2) technical assistance to small and rural com5 munities for water planning and issues relating to 

6 access to water resources.’’; and 

7 (2) by striking subsection (h) and inserting the 

8 following: 

9 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this section for 

11 the period beginning with fiscal year 2001 $450,000,000, 

12 which shall— 

13 ‘‘(1) be made available to the States and locales 

14 described in subsection (b) consistent with program 

15 priorities determined by the Secretary in accordance 

16 with criteria developed by the Secretary to establish 

17 the program priorities; and 

18 ‘‘(2) remain available until expended.’’.’’ 

19 SEC. 5014. CHESAPEAKE BAY OYSTER RESTORATION IN VIR20 GINIA AND MARYLAND. 

21 Section 704(b) of Water Resources Development Act of 

22 1986 (33 U.S.C. 2263(b)) is amended— 

23 (1) in paragraph (1), by striking ‘‘$50,000,000’’ 

24 and inserting ‘‘$70,000,000’’; and 
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1 (2) by striking subparagraph (B) of paragraph 

2 (4) and inserting the following: 

3 ‘‘(B) FORM.—The non-Federal share may 

4 be provided through in-kind services, includ5 ing— 

6 ‘‘(i) the provision by the non-Federal 

7 interest of shell stock material that is deter8 mined by the Secretary to be suitable for 

9 use in carrying out the project; and 

10 ‘‘(ii) in the case of a project carried 

11 out under paragraph (2)(D) after the date 

12 of enactment of this clause, land conserva13 tion or restoration efforts undertaken by the 

14 non-Federal interest that the Secretary de15 termines provide water quality benefits 

16 that— 

17 ‘‘(I) enhance the viability of oys18 ter restoration efforts; and 

19 ‘‘(II) are integral to the project.’’. 

20 SEC. 5015. MISSOURI RIVER BETWEEN FORT PECK DAM, 

21 MONTANA AND GAVINS POINT DAM, SOUTH 

22 DAKOTA AND NEBRASKA. 

23 Section 9(f) of the Act of December 22, 1944 (com24 monly known as the ‘‘Flood Control Act of 1944’’) (58 Stat. 
250 

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1 891, chapter 665; 102 Stat. 4031) is amended by striking 

2 ‘‘$3,000,000’’ and inserting ‘‘$5,000,000’’. 

3 SEC. 5016. OPERATIONS AND MAINTENANCE OF INLAND 

4 MISSISSIPPI RIVER PORTS. 

5 (a) DEFINITIONS.—In this section: 

6 (1) SHALLOW DRAFT.—The term ‘‘shallow draft’’ 

7 means a project that has a depth less than 14 feet. 

8 (2) INLAND MISSISSIPPI RIVER.—The term ‘‘in9 land Mississippi River’’ means the portion of the Mis10 sissippi River that begins at the confluence of the 

11 Minnesota River and ends at the confluence of the 

12 Red River. 

13 (b) IN GENERAL.—The Secretary, acting through the 

14 Chief of Engineers, shall carry out dredging activities on 

15 shallow draft ports located on the Inland Mississippi River 

16 to the respective authorized widths and depths of those in17 land ports, as authorized on the date of enactment of this 

18 Act. 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—For each 

20 fiscal year, there is authorized to be appropriated to the 

21 Secretary to carry out this section $25,000,000. 

22 SEC. 5017. REMOTE AND SUBSISTENCE HARBORS. 

23 Section 2006 of the Water Resources Development Act 

24 of 2007 (33 U.S.C. 2242) is amended— 

25 (1) in subsection (a)— 
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1 (A) in paragraph (1)(B), by inserting ‘‘or 

2 Alaska’’ after ‘‘Hawaii’’; and 

3 (B) in paragraph (2)— 

4 (i) by striking ‘‘community’’ and in5 serting ‘‘region’’; and 

6 (ii) by inserting ‘‘, as determined by 

7 the Secretary based on information pro8 vided by the non-Federal interest’’ after 

9 ‘‘improvement’’; and 

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

11 ‘‘(c) PRIORITIZATION.—Projects recommended by the 

12 Secretary under subsection (a) shall be given equivalent 

13 budget consideration and priority as projects recommended 

14 solely by national economic development benefits. 

15 ‘‘(d) CONSTRUCTION.— 

16 ‘‘(1) IN GENERAL.—The Secretary may plan, de17 sign, or construct projects for navigation in the non18 contiguous States and territories of the United States 

19 if the Secretary finds that the project is— 

20 ‘‘(A) technically feasible; 

21 ‘‘(B) environmentally sound; and 

22 ‘‘(C) economically justified. 

23 ‘‘(2) SPECIAL RULE.—In evaluating and imple24 menting a project under this section, the Secretary 

25 shall allow the non-Federal interest to participate in 
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1 the financing of the project in accordance with the 

2 criteria established for flood control projects in section 

3 903(c) of the Water Resources Development Act of 

4 1986 (Public Law 99–662; 100 Stat. 4184) if the de5 tailed project report evaluation indicates that apply6 ing that section is necessary to implement the project. 

7 ‘‘(3) COST.—The Federal share of the cost of car8 rying out a project under this section shall not exceed 

9 $10,000,000. 

10 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

11 There is authorized to be appropriated to carry out 

12 projects initiated by the Secretary under this sub13 section $100,000,000 for fiscal years 2014 through 

14 2023.’’. 

15 SEC. 5018. MULTIAGENCY EFFORT TO SLOW THE SPREAD OF 

16 ASIAN CARP IN THE UPPER MISSISSIPPI 

17 RIVER AND OHIO RIVER BASINS AND TRIBU18 TARIES. 

19 (a) MULTIAGENCY EFFORT TO SLOW THE SPREAD OF

20 ASIAN CARP IN THE UPPER MISSISSIPPI AND OHIO RIVER

21 BASINS AND TRIBUTARIES.— 

22 (1) IN GENERAL.—The Director of the United 

23 States Fish and Wildlife Service, in coordination 

24 with the Chief of Engineers, the Director of the Na25 tional Park Service, and the Director of the United 
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1 States Geological Survey, shall lead a multiagency ef2 fort to slow the spread of Asian carp in the Upper 

3 Mississippi and Ohio River basins and tributaries by 

4 providing high-level technical assistance, coordina5 tion, best practices, and support to State and local 

6 governments in carrying out activities designed to 

7 slow, and eventually eliminate, the threat posed by 

8 Asian carp. 

9 (2) BEST PRACTICES.—To the maximum extent 

10 practicable, the multiagency effort shall apply lessons 

11 learned and best practices such as those described in 

12 the document prepared by the Asian Carp Working 

13 Group entitled ‘‘Management and Control Plan for 

14 Bighead, Black, Grass, and Silver Carps in the 

15 United States’’, and dated November 2007, and the 

16 document prepared by the Asian Carp Regional Co17 ordinating Committee entitled ‘‘FY 2012 Asian Carp 

18 Control Strategy Framework’’ and dated February 

19 2012. 

20 (b) REPORT TO CONGRESS.— 

21 (1) IN GENERAL.—Not later than December 31 of 

22 each year, the Director of the United States Fish and 

23 Wildlife Service, in coordination with the Chief of 

24 Engineers, shall submit to the Committee on Appro25 priations and the Committee on Natural Resources of 
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1 the House of Representatives and the Committee on 

2 Appropriations and the Committee on Environmental 

3 and Public Works of the Senate a report describing 

4 the coordinated strategies established and progress 

5 made toward goals to control and eliminate Asian 

6 carp in the Upper Mississippi and Ohio River basins 

7 and tributaries. 

8 (2) CONTENTS.—Each report submitted under 

9 paragraph (1) shall include— 

10 (A) any observed changes in the range of 

11 Asian carp in the Upper Mississippi and Ohio 

12 River basins and tributaries during the 2-year 

13 period preceding submission of the report; 

14 (B) a summary of Federal agency efforts, 

15 including cooperative efforts with non-Federal 

16 partners, to control the spread of Asian carp in 

17 the Upper Mississippi and Ohio River basins 

18 and tributaries; 

19 (C) any research that the Director deter20 mines could improve the ability to control the 

21 spread of Asian carp in the Upper Mississippi 

22 and Ohio River basins and tributaries; 

23 (D) any quantitative measures that Direc24 tor intends to use to document progress in con25 trolling the spread of Asian carp in the Upper 
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1 Mississippi and Ohio River basins and tribu2 taries; and 

3 (E) a cross-cut accounting of Federal and 

4 non-Federal expenditures to control the spread of 

5 Asian carp in the Upper Mississippi and Ohio 

6 River basins and tributaries. 

7 SEC. 5019. RELEASE OF USE RESTRICTIONS. 

8 Notwithstanding any other provision of law, the Ten9 nessee Valley Authority shall, without monetary consider10 ation, grant releases from real estate restrictions established 

11 pursuant to section 4(k)(b) of the Tennessee Valley Author12 ity Act of 1933 (16 U.S.C. 831c(k)(b)) with respect to tracts 

13 of land identified in section 4(k)(b) of that Act; provided 

14 that such releases shall be granted in a manner consistent 

15 with applicable TVA policies. 

16 SEC. 5020. RIGHTS AND RESPONSIBILITIES OF CHEROKEE 

17 NATION OF OKLAHOMA REGARDING W.D. 

18 MAYO LOCK AND DAM, OKLAHOMA. 

19 Section 1117 of the Water Resources Development Act 

20 of 1986 (Public Law 99–662; 100 Stat. 4236) is amended 

21 to read as follows: 

22 ‘‘SEC. 1117. W.D. MAYO LOCK AND DAM, OKLAHOMA. 

23 ‘‘(a) IN GENERAL.—Notwithstanding any other provi24 sion of law, the Cherokee Nation of Oklahoma has author25 ization— 
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1 ‘‘(1) to design and construct 1 or more hydro2 electric generating facilities at the W.D. Mayo Lock 

3 and Dam on the Arkansas River in the State of Okla4 homa, subject to the requirements of subsection (b) 

5 and in accordance with the conditions specified in 

6 this section; and 

7 ‘‘(2) to market the electricity generated from any 

8 such hydroelectric generating facility. 

9 ‘‘(b) PRECONSTRUCTION REQUIREMENTS.— 

10 ‘‘(1) IN GENERAL.—The Cherokee Nation shall 

11 obtain any permit required by Federal or State law 

12 before the date on which construction begins on any 

13 hydroelectric generating facility under subsection (a). 

14 ‘‘(2) REVIEW BY SECRETARY.—The Cherokee Na15 tion may initiate the design or construction of a hy16 droelectric generating facility under subsection (a) 

17 only after the Secretary reviews and approves the 

18 plans and specifications for the design and construc19 tion. 

20 ‘‘(c) PAYMENT OF DESIGN AND CONSTRUCTION

21 COSTS.— 

22 ‘‘(1) IN GENERAL.—The Cherokee Nation shall— 

23 ‘‘(A) bear all costs associated with the de24 sign and construction of any hydroelectric gener25 ating facility under subsection (a); and 
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1 ‘‘(B) provide any funds necessary for the 

2 design and construction to the Secretary prior to 

3 the Secretary initiating any activities relating to 

4 the design and construction of the hydroelectric 

5 generating facility. 

6 ‘‘(2) USE BY SECRETARY.—The Secretary may— 

7 ‘‘(A) accept funds offered by the Cherokee 

8 Nation under paragraph (1); and 

9 ‘‘(B) use the funds to carry out the design 

10 and construction of any hydroelectric generating 

11 facility under subsection (a). 

12 ‘‘(d) ASSUMPTION OF LIABILITY.—The Cherokee Na13 tion— 

14 ‘‘(1) shall hold all title to any hydroelectric gen15 erating facility constructed under this section; 

16 ‘‘(2) may, subject to the approval of the Sec17 retary, assign that title to a third party; 

18 ‘‘(3) shall be solely responsible for— 

19 ‘‘(A) the operation, maintenance, repair, re20 placement, and rehabilitation of any such facil21 ity; and 

22 ‘‘(B) the marketing of the electricity gen23 erated by any such facility; and 

24 ‘‘(4) shall release and indemnify the United 

25 States from any claims, causes of action, or liabilities 
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1 that may arise out of any activity undertaken to 

2 carry out this section. 

3 ‘‘(e) ASSISTANCE AVAILABLE.—Notwithstanding any 

4 other provision of law, the Secretary may provide any tech5 nical and construction management assistance requested by 

6 the Cherokee Nation relating to the design and construction 

7 of any hydroelectric generating facility under subsection 

8 (a). 

9 ‘‘(f) THIRD PARTY AGREEMENTS.—The Cherokee Na10 tion may enter into agreements with the Secretary or a 

11 third party that the Cherokee Nation or the Secretary deter12 mines to be necessary to carry out this section.’’. 

13 SEC. 5021. UPPER MISSISSIPPI RIVER PROTECTION. 

14 (a) DEFINITION OF UPPER ST. ANTHONY FALLS LOCK

15 AND DAM.—In this section, the term ‘‘Upper St. Anthony 

16 Falls Lock and Dam’’ means the lock and dam located on 

17 Mississippi River mile 853.9 in Minneapolis, Minnesota. 

18 (b) ECONOMIC IMPACT STUDY.—Not later than 180 

19 days after the date of enactment of this Act, the Secretary 

20 shall submit to Congress a report regarding the impact of 

21 closing the Upper St. Anthony Falls Lock and Dam on the 

22 economic and environmental well-being of the State of Min23 nesota. 

24 (c) MANDATORY CLOSURE.—Notwithstanding sub25 section (b) and not later than 1 year after the date of enact-
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1 ment of this Act, the Secretary shall close the Upper St. 

2 Anthony Falls Lock and Dam if the Secretary determines 

3 that the annual average tonnage moving through the Upper 

4 St. Anthony Falls Lock and Dam for the preceding 5 years 

5 is not more than 1,500,000 tons. 

6 (d) EMERGENCY OPERATIONS.—Nothing in this sec7 tion prevents the Secretary from carrying out emergency 

8 lock operations necessary to mitigate flood damage. 

9 SEC. 5022. ARCTIC DEEP DRAFT PORT DEVELOPMENT PART10 NERSHIPS. 

11 (a) IN GENERAL.—The Secretary may provide tech12 nical assistance, including planning, design, and construc13 tion assistance, to non-Federal public entities, including In14 dian tribes (as defined in section 4 of the Indian Self-Deter15 mination and Education Assistance Act (25 U.S.C. 450b)), 

16 for the development, construction, operation, and mainte17 nance of channels, harbors, and related infrastructure asso18 ciated with deep draft ports for purposes of dealing with 

19 Arctic development and security needs. 

20 (b) ACCEPTANCE OF FUNDS.—The Secretary is author21 ized to accept and expend funds provided by non-Federal 

22 public entities, including Indian tribes (as defined in sec23 tion 4 of the Indian Self-Determination and Education As24 sistance Act (25 U.S.C. 450b)), to carry out the activities 

25 described in subsection (a). 
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1 (c) LIMITATION.—No assistance may be provided 

2 under this section until after the date on which the entity 

3 to which that assistance is to be provided enters into a writ4 ten agreement with the Secretary that includes such terms 

5 and conditions as the Secretary determines to be appro6 priate and in the public interest. 

7 (d) PRIORITIZATION.—The Secretary shall prioritize 

8 Arctic deep draft ports identified by the Army Corps, the 

9 Department of Homeland Security and the Department of 

10 Defense. 

11 SEC. 5023. GREATER MISSISSIPPI RIVER BASIN SEVERE 

12 FLOODING AND DROUGHT MANAGEMENT 

13 STUDY. 

14 (a) DEFINITIONS.—In this section: 

15 (1) GREATER MISSISSIPPI RIVER BASIN.—The 

16 term ‘‘greater Mississippi River Basin’’ means the 

17 area covered by hydrologic units 5, 6, 7, 8, 10, and 

18 11, as identified by the United States Geological Sur19 vey as of the date of enactment of this Act. 

20 (2) LOWER MISSISSIPPI RIVER.—The term 

21 ‘‘lower Mississippi River’’ means the portion of the 

22 Mississippi River that begins at the confluence of the 

23 Ohio River and flows to the Gulf of Mexico. 

24 (3) MIDDLE MISSISSIPPI RIVER.—The term 

25 ‘‘middle Mississippi River’’ means the portion of the 
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1 Mississippi River that begins at the confluence of the 

2 Missouri River and flows to the lower Mississippi 

3 River. 

4 (4) SEVERE FLOODING AND DROUGHT.—The 

5 term ‘‘severe flooding and drought’’ means severe 

6 weather events that threaten personal safety, property, 

7 and navigation on the inland waterways of the 

8 United States. 

9 (b) IN GENERAL.—The Secretary shall carry out a 

10 study of the greater Mississippi River Basin— 

11 (1) to improve the coordinated and comprehen12 sive management of water resource projects in the 

13 greater Mississippi River Basin relating to severe 

14 flooding and drought conditions; and 

15 (2) to evaluate the feasibility of any modifica16 tions to those water resource projects, consistent with 

17 the authorized purposes of those projects, and develop 

18 new water resource projects to improve the reliability 

19 of navigation and more effectively reduce flood risk. 

20 (c) CONTENTS.—The study shall— 

21 (1) identify any Federal actions that are likely 

22 to prevent and mitigate the impacts of severe flooding 

23 and drought, including changes to authorized channel 

24 dimensions, operational procedures of locks and dams, 

25 and reservoir management within the greater Mis-
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1 sissippi River Basin, consistent with the authorized 

2 purposes of the water resource projects; 

3 (2) identify and make recommendations to rem4 edy challenges to the Corps of Engineers presented by 

5 severe flooding and drought, including river access, in 

6 carrying out its mission to maintain safe, reliable 

7 navigation, consistent with the authorized purposes of 

8 the water resource projects in the greater Mississippi 

9 River Basin; and 

10 (3) identify and locate natural or other physical 

11 impediments along the middle and lower Mississippi 

12 River to maintaining navigation on the middle and 

13 lower Mississippi River during periods of low water. 

14 (d) CONSULTATION AND USE OF EXISTING DATA.—In 

15 carrying out the study, the Secretary shall— 

16 (1) consult with appropriate committees of Con17 gress, Federal, State, tribal, and local agencies, envi18 ronmental interests, agricultural interests, rec19 reational interests, river navigation industry rep20 resentatives, other shipping and business interests, or21 ganized labor, and nongovernmental organizations; 

22 (2) to the maximum extent practicable, use data 

23 in existence as of the date of enactment of this Act; 

24 and 
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1 (3) incorporate lessons learned and best practices 

2 developed as a result of past severe flooding and 

3 drought events, including major floods and the suc4 cessful effort to maintain navigation during the near 

5 historic low water levels on the Mississippi River dur6 ing the winter of 2012–2013. 

7 (e) COST-SHARING.—The Federal share of the cost of 

8 carrying out the study under this section shall be 100 per9 cent. 

10 (f) REPORT.—Not later than 3 years after the date of 

11 enactment of this Act, the Secretary shall submit to Con12 gress a report on the study carried out under this section. 

13 (g) SAVINGS CLAUSE.—Nothing in this section im14 pacts the operations and maintenance of the Missouri River 

15 Mainstem System, as authorized by the Act of December 

16 22, 1944 (58 Stat. 897, chapter 665). 

17 SEC. 5024. CAPE ARUNDEL DISPOSAL SITE, MAINE. 

18 (a) IN GENERAL.—The Secretary, in concurrence with 

19 the Administrator of the Environmental Protection Agency, 

20 is authorized to reopen the Cape Arundel Disposal Site se21 lected by the Department of the Army as an alternative 

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

23 Marine Protection, Research, and Sanctuaries Act of 1972 

24 (33 U.S.C. 1413(b)) (referred to in this section as the 

25 ‘‘Site’’). 
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1 (b) DEADLINE.—The Site may remain open under 

2 subsection (a) until the earlier of— 

3 (1) the date on which the Site does not have any 

4 remaining disposal capacity; 

5 (2) the date on which an environmental impact 

6 statement designating an alternative dredged material 

7 disposal site for southern Maine has been completed; 

8 or 

9 (3) the date that is 5 years after the date of en10 actment of this Act. 

11 (c) LIMITATIONS.—The use of the Site as a dredged 

12 material disposal site under subsection (a) shall be subject 

13 to the conditions that— 

14 (1) conditions at the Site remain suitable for the 

15 continued use of the Site as a dredged material dis16 posal site; and 

17 (2) the Site not be used for the disposal of more 

18 than 80,000 cubic yards from any single dredging 

19 project. 

20 TITLE VI—LEVEE SAFETY 

21 SEC. 6001. SHORT TITLE. 

22 This title may be cited as the ‘‘National Levee Safety 

23 Program Act’’. 

24 SEC. 6002. FINDINGS; PURPOSES. 

25 (a) FINDINGS.—Congress finds that— 
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1 (1) there is a need to establish a national levee 

2 safety program to provide national leadership and en3 courage the establishment of State and tribal levee 

4 safety programs; 

5 (2) according to the National Committee on 

6 Levee Safety, ‘‘the level of protection and robustness 

7 of design and construction of levees vary considerably 

8 across the country’’; 

9 (3) knowing the location, condition, and owner10 ship of levees, as well as understanding the popu11 lation and infrastructure at risk in leveed areas, is 

12 necessary for identification and prioritization of ac13 tivities associated with levees; 

14 (4) levees are an important tool for reducing 

15 flood risk and should be considered in the context of 

16 broader flood risk management efforts; 

17 (5) States and Indian tribes— 

18 (A) are uniquely positioned to oversee, co19 ordinate, and regulate local and regional levee 

20 systems; and 

21 (B) should be encouraged to participate in 

22 a national levee safety program by establishing 

23 individual levee safety programs; and 

24 (6) States, Indian tribes, and local governments 

25 that do not invest in protecting the individuals and 
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1 property located behind levees place those individuals 

2 and property at risk. 

3 (b) PURPOSES.—The purposes of this title are— 

4 (1) to promote sound technical practices in levee 

5 design, construction, operation, inspection, assess6 ment, security, and maintenance; 

7 (2) to ensure effective public education and 

8 awareness of risks involving levees; 

9 (3) to establish and maintain a national levee 

10 safety program that emphasizes the protection of 

11 human life and property; and 

12 (4) to implement solutions and incentives that 

13 encourage the establishment of effective State and 

14 tribal levee safety programs. 

15 SEC. 6003. DEFINITIONS. 

16 In this title: 

17 (1) BOARD.—The term ‘‘Board’’ means the Na18 tional Levee Safety Advisory Board established under 

19 section 6005. 

20 (2) CANAL STRUCTURE.— 

21 (A) IN GENERAL.—The term ‘‘canal struc22 ture’’ means an embankment, wall, or structure 

23 along a canal or manmade watercourse that— 

24 (i) constrains water flows; 
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1 (ii) is subject to frequent water load2 ing; and 

3 (iii) is an integral part of a flood risk 

4 reduction system that protects the leveed 

5 area from flood waters associated with hur6 ricanes, precipitation events, seasonal high 

7 water, and other weather-related events. 

8 (B) EXCLUSION.—The term ‘‘canal struc9 ture’’ does not include a barrier across a water10 course. 

11 (3) FEDERAL AGENCY.—The term ‘‘Federal agen12 cy’’ means a Federal agency that designs, finances, 

13 constructs, owns, operates, maintains, or regulates the 

14 construction, operation, or maintenance of a levee. 

15 (4) FLOOD DAMAGE REDUCTION SYSTEM.—The 

16 term ‘‘flood damage reduction system’’ means a sys17 tem designed and constructed to have appreciable and 

18 dependable effects in reducing damage by floodwaters. 

19 (5) FLOOD MITIGATION.—The term ‘‘flood miti20 gation’’ means any structural or nonstructural meas21 ure that reduces risks of flood damage by reducing the 

22 probability of flooding, the consequences of flooding, 

23 or both. 

24 (6) FLOODPLAIN MANAGEMENT.—The term 

25 ‘‘floodplain management’’ means the operation of a 
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1 community program of corrective and preventative 

2 measures for reducing flood damage. 

3 (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 

4 the meaning given the term in section 4 of the Indian 

5 Self-Determination and Education Assistance Act (25 

6 U.S.C. 450b). 

7 (8) LEVEE.— 

8 (A) IN GENERAL.—The term ‘‘levee’’ means 

9 a manmade barrier (such as an embankment, 

10 floodwall, or other structure)— 

11 (i) the primary purpose of which is to 

12 provide hurricane, storm, or flood protection 

13 relating to seasonal high water, storm 

14 surges, precipitation, or other weather 

15 events; and 

16 (ii) that is normally subject to water 

17 loading for only a few days or weeks during 

18 a calendar year. 

19 (B) INCLUSIONS.—The term ‘‘levee’’ in20 cludes a levee system, including— 

21 (i) levees and canal structures that— 

22 (I) constrain water flows; 

23 (II) are subject to more frequent 

24 water loading; and 
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1 (III) do not constitute a barrier 

2 across a watercourse; and 

3 (ii) roadway and railroad embank4 ments, but only to the extent that the em5 bankments are integral to the performance 

6 of a flood damage reduction system. 

7 (C) EXCLUSIONS.—The term ‘‘levee’’ does 

8 not include— 

9 (i) a roadway or railroad embankment 

10 that is not integral to the performance of a 

11 flood damage reduction system; 

12 (ii) a canal constructed completely 

13 within natural ground without any man14 made structure (such as an embankment or 

15 retaining wall to retain water or a case in 

16 which water is retained only by natural 

17 ground); 

18 (iii) a canal regulated by a Federal or 

19 State agency in a manner that ensures that 

20 applicable Federal safety criteria are met; 

21 (iv) a levee or canal structure— 

22 (I) that is not a part of a Federal 

23 flood damage reduction system; 

24 (II) that is not recognized under 

25 the National Flood Insurance Program 
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1 as providing protection from the 1-per2 cent-annual-chance or greater flood; 

3 (III) that is not greater than 3 

4 feet high; 

5 (IV) the population in the leveed 

6 area of which is less than 50 individ7 uals; and 

8 (V) the leveed area of which is less 

9 than 1,000 acres; or 

10 (v) any shoreline protection or river 

11 bank protection system (such as revetments 

12 or barrier islands). 

13 (9) LEVEE FEATURE.—The term ‘‘levee feature’’ 

14 means a structure that is critical to the functioning 

15 of a levee, including— 

16 (A) an embankment section; 

17 (B) a floodwall section; 

18 (C) a closure structure; 

19 (D) a pumping station; 

20 (E) an interior drainage work; and 

21 (F) a flood damage reduction channel. 

22 (10) LEVEE SAFETY GUIDELINES.—The term 

23 ‘‘levee safety guidelines’’ means the guidelines estab24 lished by the Secretary under section 6004(c)(1). 
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1 (11) LEVEE SEGMENT.—The term ‘‘levee seg2 ment’’ means a discrete portion of a levee system that 

3 is owned, operated, and maintained by a single entity 

4 or discrete set of entities. 

5 (12) LEVEE SYSTEM.—The term ‘‘levee system’’ 

6 means 1 or more levee segments, including all levee 

7 features that are interconnected and necessary to en8 sure protection of the associated leveed areas— 

9 (A) that collectively provide flood damage 

10 reduction to a defined area; and 

11 (B) the failure of 1 of which may result in 

12 the failure of the entire system. 

13 (13) LEVEED AREA.—The term ‘‘leveed area’’ 

14 means the land from which flood water in the adja15 cent watercourse is excluded by the levee system. 

16 (14) NATIONAL LEVEE DATABASE.—The term 

17 ‘‘national levee database’’ means the levee database es18 tablished under section 9004 of the Water Resources 

19 Development Act of 2007 (33 U.S.C. 3303). 

20 (15) PARTICIPATING PROGRAM.—The term ‘‘par21 ticipating program’’ means a levee safety program de22 veloped by a State or Indian tribe that includes the 

23 minimum components necessary for recognition by 

24 the Secretary. 
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1 (16) REHABILITATION.—The term ‘‘rehabilita2 tion’’ means the repair, replacement, reconstruction, 

3 removal of a levee, or reconfiguration of a levee sys4 tem, including a setback levee, that is carried out to 

5 reduce flood risk or meet national levee safety guide6 lines. 

7 (17) RISK.—The term ‘‘risk’’ means a measure 

8 of the probability and severity of undesirable con9 sequences. 

10 (18) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Army, acting through the Chief 

12 of Engineers. 

13 (19) STATE.—The term ‘‘State’’ means— 

14 (A) each of the several States of the United 

15 States; 

16 (B) the District of Columbia; 

17 (C) the Commonwealth of Puerto Rico; 

18 (D) Guam; 

19 (E) American Samoa; 

20 (F) the Commonwealth of the Northern 

21 Mariana Islands; 

22 (G) the Federated States of Micronesia; 

23 (H) the Republic of the Marshall Islands; 

24 (I) the Republic of Palau; and 

25 (J) the United States Virgin Islands. 
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1 SEC. 6004. NATIONAL LEVEE SAFETY PROGRAM. 

2 (a) ESTABLISHMENT.—The Secretary, in consultation 

3 with the Administrator of the Federal Emergency Manage4 ment Agency, shall establish a national levee safety pro5 gram to provide national leadership and consistent ap6 proaches to levee safety, including— 

7 (1) a national levee database; 

8 (2) an inventory and inspection of Federal and 

9 non-Federal levees; 

10 (3) national levee safety guidelines; 

11 (4) a hazard potential classification system for 

12 Federal and non-Federal levees; 

13 (5) research and development; 

14 (6) a national public education and awareness 

15 program, with an emphasis on communication re16 garding the residual risk to communities protected by 

17 levees and levee systems; 

18 (7) coordination of levee safety, floodplain man19 agement, and environmental protection activities; 

20 (8) development of State and tribal levee safety 

21 programs; and 

22 (9) the provision of technical assistance and ma23 terials to States and Indian tribes relating to— 

24 (A) developing levee safety programs; 
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1 (B) identifying and reducing flood risks as2 sociated with residual risk to communities pro3 tected by levees and levee systems; 

4 (C) identifying local actions that may be 

5 carried out to reduce flood risks in leveed areas; 

6 and 

7 (D) rehabilitating, improving, replacing, re8 configuring, modifying, and removing levees and 

9 levee systems. 

10 (b) MANAGEMENT.— 

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

12 (A) an administrator of the national levee 

13 safety program; and 

14 (B) such staff as is necessary to implement 

15 the program. 

16 (2) ADMINISTRATOR.—The sole duty of the ad17 ministrator appointed under paragraph (1)(A) shall 

18 be the management of the national levee safety pro19 gram. 

20 (c) LEVEE SAFETY GUIDELINES.— 

21 (1) ESTABLISHMENT.—Not later than 1 year 

22 after the date of enactment of this Act, the Secretary, 

23 in consultation with the Administrator of the Federal 

24 Emergency Management Agency and in coordination 

25 with State and local governments and organizations 
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1 with expertise in levee safety, shall establish a set of 

2 voluntary, comprehensive, national levee safety guide3 lines that— 

4 (A) are available for common, uniform use 

5 by all Federal, State, tribal, and local agencies; 

6 (B) incorporate policies, procedures, stand7 ards, and criteria for a range of levee types, 

8 canal structures, and related facilities and fea9 tures; and 

10 (C) provide for adaptation to local, re11 gional, or watershed conditions. 

12 (2) REQUIREMENT.—The policies, procedures, 

13 standards, and criteria under paragraph (1)(B) shall 

14 be developed taking into consideration the levee haz15 ard potential classification system established under 

16 subsection (d). 

17 (3) ADOPTION BY FEDERAL AGENCIES.—All Fed18 eral agencies shall consider the levee safety guidelines 

19 in activities relating to the management of levees. 

20 (4) PUBLIC COMMENT.—Prior to finalizing the 

21 guidelines under this subsection, the Secretary shall— 

22 (A) issue draft guidelines for public com23 ment; and 

24 (B) consider any comments received in the 

25 development of final guidelines. 
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1 (d) HAZARD POTENTIAL CLASSIFICATION SYSTEM.— 

2 (1) ESTABLISHMENT.—The Secretary shall estab3 lish a hazard potential classification system for use 

4 under the national levee safety program and partici5 pating programs. 

6 (2) REVISION.—The Secretary shall review and, 

7 as necessary, revise the hazard potential classification 

8 system not less frequently than once every 5 years. 

9 (3) CONSISTENCY.—The hazard potential classi10 fication system established pursuant to this subsection 

11 shall be consistent with and incorporated into the 

12 levee safety action classification tool developed by the 

13 Corps of Engineers. 

14 (e) TECHNICAL ASSISTANCE AND MATERIALS.— 

15 (1) ESTABLISHMENT.—The Secretary, in con16 sultation with the Administrator of the Federal 

17 Emergency Management Agency and in coordination 

18 with the Board, shall establish a national levee safety 

19 technical assistance and training program to develop 

20 and deliver technical support and technical assistance 

21 materials, curricula, and training in order to pro22 mote levee safety and assist States, communities, and 

23 levee owners in— 

24 (A) developing levee safety programs; 
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1 (B) identifying and reducing flood risks as2 sociated with levees; 

3 (C) identifying local actions that may be 

4 carried out to reduce flood risks in leveed areas; 

5 and 

6 (D) rehabilitating, improving, replacing, re7 configuring, modifying, and removing levees and 

8 levee systems. 

9 (2) USE OF SERVICES.—In establishing the na10 tional levee safety training program under paragraph 

11 (1), the Secretary may use the services of— 

12 (A) the Corps of Engineers; 

13 (B) the Federal Emergency Management 

14 Agency; 

15 (C) the Bureau of Reclamation; and 

16 (D) other appropriate Federal agencies, as 

17 determined by the Secretary. 

18 (f) COMPREHENSIVE NATIONAL PUBLIC EDUCATION

19 AND AWARENESS CAMPAIGN.— 

20 (1) ESTABLISHMENT.—The Secretary, in coordi21 nation with the Administrator of the Federal Emer22 gency Management Agency and the Board, shall es23 tablish a national public education and awareness 

24 campaign relating to the national levee safety pro25 gram. 
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1 (2) PURPOSES.—The purposes of the campaign 

2 under paragraph (1) are— 

3 (A) to educate individuals living in leveed 

4 areas regarding the risks of living in those areas; 

5 (B) to promote consistency in the trans6 mission of information regarding levees among 

7 government agencies; and 

8 (C) to provide national leadership regard9 ing risk communication for implementation at 

10 the State and local levels. 

11 (g) COORDINATION OF LEVEE SAFETY, FLOODPLAIN

12 MANAGEMENT, AND ENVIRONMENTAL CONCERNS.—The 

13 Secretary, in consultation with the Administrator of the 

14 Federal Emergency Management Agency and in coordina15 tion with the Board, shall evaluate opportunities to coordi16 nate— 

17 (1) public safety, floodplain management, and 

18 environmental protection activities relating to levees; 

19 and 

20 (2) environmental permitting processes for oper21 ation and maintenance activities at existing levee 

22 projects in compliance with all applicable laws. 

23 (h) LEVEE INSPECTION.— 
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1 (1) IN GENERAL.—The Secretary shall carry out 

2 a one-time inventory and inspection of all levees iden3 tified in the national levee database. 

4 (2) NO FEDERAL INTEREST.—The inventory and 

5 inspection under paragraph (1) does not create a 

6 Federal interest in the construction, operation, or 

7 maintenance any levee that is included in the inven8 tory or inspected under this subsection. 

9 (3) INSPECTION CRITERIA.—In carrying out the 

10 inventory and inspection, the Secretary shall use the 

11 levee safety action classification criteria to determine 

12 whether a levee should be classified in the inventory 

13 as requiring a more comprehensive inspection. 

14 (4) STATE AND TRIBAL PARTICIPATION.—At the 

15 request of a State or Indian tribe with respect to any 

16 levee subject to inspection under this subsection, the 

17 Secretary shall— 

18 (A) allow an official of the State or Indian 

19 tribe to participate in the inspection of the levee; 

20 and 

21 (B) provide information to the State or In22 dian tribe relating to the location, construction, 

23 operation, or maintenance of the levee. 

24 (5) EXCEPTIONS.—In carrying out the inventory 

25 and inspection under this subsection, the Secretary 
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1 shall not be required to inspect any levee that has 

2 been inspected by a State or Indian tribe using the 

3 same methodology described in paragraph (3) during 

4 the 1-year period immediately preceding the date of 

5 enactment of this Act if the Governor of the State or 

6 tribal government, as applicable, requests an exemp7 tion from the inspection. 

8 (i) STATE AND TRIBAL LEVEE SAFETY PROGRAM.— 

9 (1) GUIDELINES.— 

10 (A) IN GENERAL.—Not later than 1 year 

11 after the date of enactment of this Act, in con12 sultation with the Administrator of the Federal 

13 Emergency Management Agency and in coordi14 nation with the Board, the Secretary shall issue 

15 guidelines that establish the minimum compo16 nents necessary for recognition of a State or trib17 al levee safety program as a participating pro18 gram. 

19 (B) GUIDELINE CONTENTS.—The guidelines 

20 under subparagraph (A) shall include provisions 

21 and procedures requiring each participating 

22 State and Indian tribe to certify to the Secretary 

23 that the State or Indian tribe, as applicable— 

24 (i) has the authority to participate in 

25 the national levee safety program; 
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1 (ii) can receive funds under this title; 

2 (iii) has adopted any national levee 

3 safety guidelines developed under this title; 

4 (iv) will carry out levee inspections; 

5 (v) will carry out, consistent with ap6 plicable requirements, flood risk manage7 ment and any emergency action planning 

8 procedures the Secretary determines to be 

9 necessary relating to levees; 

10 (vi) will carry out public education 

11 and awareness activities consistent with the 

12 national public education and awareness 

13 campaign established under subsection (f); 

14 and 

15 (vii) will collect and share information 

16 regarding the location and condition of lev17 ees. 

18 (C) PUBLIC COMMENT.—Prior to finalizing 

19 the guidelines under this paragraph, the Sec20 retary shall— 

21 (i) issue draft guidelines for public 

22 comment; and 

23 (ii) consider any comments received in 

24 the development of final guidelines. 

25 (2) GRANT PROGRAM.— 
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1 (A) ESTABLISHMENT.—The Secretary shall 

2 establish a program under which the Secretary 

3 shall provide grants to assist States and Indian 

4 tribes in establishing participating programs, 

5 conducting levee inventories, and carrying out 

6 this title. 

7 (B) REQUIREMENTS.—To be eligible to re8 ceive grants under this section, a State or Indian 

9 tribe shall— 

10 (i) meet the requirements of a partici11 pating program established by the guide12 lines issued under paragraph (1); 

13 (ii) use not less than 25 percent of any 

14 amounts received to identify and assess 

15 non-Federal levees within the State or on 

16 land of the Indian tribe; 

17 (iii) submit to the Secretary any infor18 mation collected by the State or Indian 

19 tribe in carrying out this subsection for in20 clusion in the national levee safety data21 base; and 

22 (iv) identify actions to address hazard 

23 mitigation activities associated with levees 

24 and leveed areas identified in the hazard 

25 mitigation plan of the State approved by 
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1 the Administrator of the Federal Emergency 

2 Management Agency under the Robert T. 

3 Stafford Disaster Relief and Emergency As4 sistance Act (42 U.S.C. 5121 et seq.). 

5 (C) MEASURES TO ASSESS EFFECTIVE6 NESS.—Not later than 1 year after the enact7 ment of this Act, the Secretary shall implement 

8 quantifiable performance measures and metrics 

9 to assess the effectiveness of the grant program 

10 established in accordance with subparagraph 

11 (A). 

12 (j) LEVEE REHABILITATION ASSISTANCE PROGRAM.— 

13 (1) ESTABLISHMENT.—The Secretary, in con14 sultation with the Administrator of the Federal 

15 Emergency Management Agency, shall establish a 

16 program under which the Secretary shall provide as17 sistance to States, Indian tribes, and local govern18 ments in addressing flood mitigation activities that 

19 result in an overall reduction in flood risk. 

20 (2) REQUIREMENTS.—To be eligible to receive 

21 assistance under this subsection, a State, Indian 

22 tribe, or local government shall— 

23 (A) participate in, and comply with, all 

24 applicable Federal floodplain management and 

25 flood insurance programs; 
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1 (B) have in place a hazard mitigation plan 

2 that— 

3 (i) includes all levee risks; and 

4 (ii) complies with the Disaster Mitiga5 tion Act of 2000 (Public Law 106–390; 114 

6 Stat. 1552); 

7 (C) submit to the Secretary an application 

8 at such time, in such manner, and containing 

9 such information as the Secretary may require; 

10 and 

11 (D) comply with such minimum eligibility 

12 requirements as the Secretary, in consultation 

13 with the Board, may establish to ensure that 

14 each owner and operator of a levee under a par15 ticipating State or tribal levee safety program— 

16 (i) acts in accordance with the guide17 lines developed in subsection (c); and 

18 (ii) carries out activities relating to 

19 the public in the leveed area in accordance 

20 with the hazard mitigation plan described 

21 in subparagraph (B). 

22 (3) FLOODPLAIN MANAGEMENT PLANS.— 

23 (A) IN GENERAL.—Not later than 1 year 

24 after the date of execution of a project agreement 

25 for assistance under this subsection, a State, In-
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1 dian tribe, or local government shall prepare a 

2 floodplain management plan in accordance with 

3 the guidelines under subparagraph (D) to reduce 

4 the impacts of future flood events in each appli5 cable leveed area. 

6 (B) INCLUSIONS.—A plan under subpara7 graph (A) shall address potential measures, 

8 practices, and policies to reduce loss of life, inju9 ries, damage to property and facilities, public 

10 expenditures, and other adverse impacts of flood11 ing in each applicable leveed area. 

12 (C) IMPLEMENTATION.—Not later than 1 

13 year after the date of completion of construction 

14 of the applicable project, a floodplain manage15 ment plan prepared under subparagraph (A) 

16 shall be implemented. 

17 (D) GUIDELINES.—Not later than 180 days 

18 after the date of enactment of this Act, the Sec19 retary, in consultation with the Administrator of 

20 the Federal Emergency Management Agency, 

21 shall develop such guidelines for the preparation 

22 of floodplain management plans prepared under 

23 this paragraph as the Secretary determines to be 

24 appropriate. 
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1 (E) TECHNICAL SUPPORT.—The Secretary 

2 may provide technical support for the develop3 ment and implementation of floodplain manage4 ment plans prepared under this paragraph. 

5 (4) USE OF FUNDS.— 

6 (A) IN GENERAL.—Assistance provided 

7 under this subsection may be used— 

8 (i) for any rehabilitation activity to 

9 maximize overall risk reduction associated 

10 with a levee under a participating State or 

11 tribal levee safety program; and 

12 (ii) only for a levee that is not feder13 ally operated and maintained. 

14 (B) PROHIBITION.—Assistance provided 

15 under this subsection shall not be used— 

16 (i) to perform routine operation or 

17 maintenance for a levee; or 

18 (ii) to make any modification to a 

19 levee that does not result in an improve20 ment to public safety. 

21 (5) NO PROPRIETARY INTEREST.—A contract for 

22 assistance provided under this subsection shall not be 

23 considered to confer any proprietary interest on the 

24 United States. 
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1 (6) COST-SHARE.—The maximum Federal share 

2 of the cost of any assistance provided under this sub3 section shall be 65 percent. 

4 (7) PROJECT LIMIT.—The maximum amount of 

5 Federal assistance for a project under this subsection 

6 shall be $10,000,000. 

7 (8) OTHER LAWS.—Assistance provided under 

8 this subsection shall be subject to all applicable laws 

9 (including regulations) that apply to the construction 

10 of a civil works project of the Corps of Engineers. 

11 (k) EFFECT OF SECTION.—Nothing in this section— 

12 (1) affects the requirement under section 

13 100226(b)(2) of the Biggert-Waters Flood Insurance 

14 Reform Act of 2012 (42 U.S.C. 4101 note; 126 Stat. 

15 942); or 

16 (2) confers any regulatory authority on— 

17 (A) the Secretary; or 

18 (B) the Director of the Federal Emergency 

19 Management Agency, including for the purpose 

20 of setting premium rates under the national 

21 flood insurance program established under chap22 ter 1 of the National Flood Insurance Act of 

23 1968 (42 U.S.C. 4011 et seq.). 
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1 SEC. 6005. NATIONAL LEVEE SAFETY ADVISORY BOARD. 

2 (a) ESTABLISHMENT.—The Secretary, in coordination 

3 with the Administrator of the Federal Emergency Manage4 ment Agency, shall establish a board, to be known as the 

5 ‘‘National Levee Safety Advisory Board’’— 

6 (1) to advise the Secretary and Congress regard7 ing consistent approaches to levee safety; 

8 (2) to monitor the safety of levees in the United 

9 States; 

10 (3) to assess the effectiveness of the national levee 

11 safety program; and 

12 (4) to ensure that the national levee safety pro13 gram is carried out in a manner that is consistent 

14 with other Federal flood risk management efforts. 

15 (b) MEMBERSHIP.— 

16 (1) VOTING MEMBERS.—The Board shall be com17 posed of the following 14 voting members, each of 

18 whom shall be appointed by the Secretary, with pri19 ority consideration given to representatives from those 

20 States that have the most Corps of Engineers levees in 

21 the State, based on mileage: 

22 (A) 8 representatives of State levee safety 

23 programs, 1 from each of the civil works divi24 sions of the Corps of Engineers. 

25 (B) 2 representatives of the private sector 

26 who have expertise in levee safety. 
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1 (C) 2 representatives of local and regional 

2 governmental agencies who have expertise in 

3 levee safety. 

4 (D) 2 representatives of Indian tribes who 

5 have expertise in levee safety. 

6 (2) NONVOTING MEMBERS.—The Secretary (or a 

7 designee of the Secretary), the Administrator of the 

8 Federal Emergency Management Agency (or a des9 ignee of the Administrator), and the administrator of 

10 the national levee safety program appointed under 

11 section 6004(b)(1)(A) shall serve as nonvoting mem12 bers of the Board. 

13 (3) CHAIRPERSON.—The voting members of the 

14 Board shall appoint a chairperson from among the 

15 voting members of the Board, to serve a term of not 

16 more than 2 years. 

17 (c) QUALIFICATIONS.— 

18 (1) INDIVIDUALS.—Each voting member of the 

19 Board shall be knowledgeable in the field of levee safe20 ty, including water resources and flood risk manage21 ment. 

22 (2) AS A WHOLE.—The membership of the 

23 Board, considered as a whole, shall represent the di24 versity of skills required to advise the Secretary re25 garding levee issues relating to— 
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1 (A) engineering; 

2 (B) public communications; 

3 (C) program development and oversight; 

4 (D) with respect to levees, flood risk man5 agement and hazard mitigation; and 

6 (E) public safety and the environment. 

7 (d) TERMS OF SERVICE.— 

8 (1) IN GENERAL.—A voting member of the Board 

9 shall be appointed for a term of 3 years, except that, 

10 of the members first appointed— 

11 (A) 5 shall be appointed for a term of 1 

12 year; 

13 (B) 5 shall be appointed for a term of 2 

14 years; and 

15 (C) 4 shall be appointed for a term of 3 

16 years. 

17 (2) REAPPOINTMENT.—A voting member of the 

18 Board may be reappointed to the Board, as the Sec19 retary determines to be appropriate. 

20 (3) VACANCIES.—A vacancy on the Board shall 

21 be filled in the same manner as the original appoint22 ment was made. 

23 (e) STANDING COMMITTEES.— 

24 (1) IN GENERAL.—The Board shall be supported 

25 by Standing Committees, which shall be comprised of 
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1 volunteers from all levels of government and the pri2 vate sector, to advise the Board regarding the na3 tional levee safety program. 

4 (2) ESTABLISHMENT.—The Standing Commit5 tees of the Board shall include— 

6 (A) the Standing Committee on Partici7 pating Programs, which shall advise the Board 

8 regarding— 

9 (i) the development and implementa10 tion of State and tribal levee safety pro11 grams; and 

12 (ii) appropriate incentives (including 

13 financial assistance) to be provided to 

14 States, Indian tribes, and local and re15 gional entities; 

16 (B) the Standing Committee on Technical 

17 Issues, which shall advise the Board regarding— 

18 (i) the management of the national 

19 levee database; 

20 (ii) the development and maintenance 

21 of levee safety guidelines; 

22 (iii) processes and materials for devel23 oping levee-related technical assistance and 

24 training; and 
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1 (iv) research and development activi2 ties relating to levee safety; 

3 (C) the Standing Committee on Public Edu4 cation and Awareness, which shall advise the 

5 Board regarding the development, implementa6 tion, and evaluation of targeted public outreach 

7 programs— 

8 (i) to gather public input; 

9 (ii) to educate and raise awareness in 

10 leveed areas of levee risks; 

11 (iii) to communicate information re12 garding participating programs; and 

13 (iv) to track the effectiveness of public 

14 education efforts relating to levee risks; 

15 (D) the Standing Committee on Safety and 

16 Environment, which shall advise the Board re17 garding— 

18 (i) operation and maintenance activi19 ties for existing levee projects; 

20 (ii) opportunities to coordinate public 

21 safety, floodplain management, and envi22 ronmental protection activities relating to 

23 levees; 

24 (iii) opportunities to coordinate envi25 ronmental permitting processes for oper-
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1 ation and maintenance activities at existing 

2 levee projects in compliance with all appli3 cable laws; and 

4 (iv) opportunities for collaboration by 

5 environmental protection and public safety 

6 interests in leveed areas and adjacent areas; 

7 and 

8 (E) such other standing committees as the 

9 Secretary, in consultation with the Board, deter10 mines to be necessary. 

11 (3) MEMBERSHIP.— 

12 (A) IN GENERAL.—The Board shall rec13 ommend to the Secretary for approval individ14 uals for membership on the Standing Commit15 tees. 

16 (B) QUALIFICATIONS.— 

17 (i) INDIVIDUALS.—Each member of a 

18 Standing Committee shall be knowledgeable 

19 in the issue areas for which the Committee 

20 is charged with advising the Board. 

21 (ii) AS A WHOLE.—The membership of 

22 each Standing Committee, considered as a 

23 whole, shall represent, to the maximum ex24 tent practicable, broad geographical diver25 sity. 
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1 (C) LIMITATION.—Each Standing Com2 mittee shall be comprised of not more than 10 

3 members. 

4 (f) DUTIES AND POWERS.—The Board— 

5 (1) shall submit to the Secretary and Congress 

6 an annual report regarding the effectiveness of the na7 tional levee safety program in accordance with section 

8 6007; and 

9 (2) may secure from other Federal agencies such 

10 services, and enter into such contracts, as the Board 

11 determines to be necessary to carry out this sub12 section. 

13 (g) TASK FORCE COORDINATION.—The Board shall, to 

14 the maximum extent practicable, coordinate the activities 

15 of the Board with the Federal Interagency Floodplain Man16 agement Task Force. 

17 (h) COMPENSATION.— 

18 (1) FEDERAL EMPLOYEES.—Each member of the 

19 Board who is an officer or employee of the United 

20 States shall serve without compensation in addition 

21 to compensation received for the services of the mem22 ber as an officer or employee of the United States, but 

23 shall be allowed a per diem allowance for travel ex24 penses, at rates authorized for an employee of an 

25 agency under subchapter I of chapter 57 of title 5, 
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1 United States Code, while away from the home or reg2 ular place of business of the member in the perform3 ance of the duties of the Board. 

4 (2) NON-FEDERAL EMPLOYEES.—To the extent 

5 amounts are made available to carry out this section 

6 in appropriations Acts, the Secretary shall provide to 

7 each member of the Board who is not an officer or 

8 employee of the United States a stipend and a per 

9 diem allowance for travel expenses, at rates author10 ized for an employee of an agency under subchapter 

11 I of chapter 57 of title 5, United States Code, while 

12 away from the home or regular place of business of 

13 the member in performance of services for the Board. 

14 (3) STANDING COMMITTEE MEMBERS.—Each 

15 member of a Standing Committee shall— 

16 (A) serve in a voluntary capacity; but 

17 (B) receive a per diem allowance for travel 

18 expenses, at rates authorized for an employee of 

19 an agency under subchapter I of chapter 57 of 

20 title 5, United States Code, while away from the 

21 home or regular place of business of the member 

22 in performance of services for the Board. 

23 (i) NONAPPLICABILITY OF FACA.—The Federal Advi24 sory Committee Act (5 U.S.C. App.) shall not apply to the 

25 Board or the Standing Committees. 
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1 SEC. 6006. INVENTORY AND INSPECTION OF LEVEES. 

2 Section 9004(a)(2)(A) of the Water Resources Develop3 ment Act of 2007 (33 U.S.C. 3303(a)(2)(A)) is amended 

4 by striking ‘‘and, for non-Federal levees, such information 

5 on levee location as is provided to the Secretary by State 

6 and local governmental agencies’’ and inserting ‘‘and up7 dated levee information provided by States, Indian tribes, 

8 Federal agencies, and other entities’’. 

9 SEC. 6007. REPORTS. 

10 (a) STATE OF LEVEES.— 

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

12 the date of enactment of this Act, and biennially 

13 thereafter, the Secretary in coordination with the 

14 Board, shall submit to Congress a report describing 

15 the state of levees in the United States and the effec16 tiveness of the national levee safety program, includ17 ing— 

18 (A) progress achieved in implementing the 

19 national levee safety program; 

20 (B) State and tribal participation in the 

21 national levee safety program; 

22 (C) recommendations to improve coordina23 tion of levee safety, floodplain management, and 

24 environmental protection concerns, including— 

25 (i) identifying and evaluating opportu26 nities to coordinate public safety, floodplain 
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1 management, and environmental protection 

2 activities relating to levees; and 

3 (ii) evaluating opportunities to coordi4 nate environmental permitting processes for 

5 operation and maintenance activities at ex6 isting levee projects in compliance with all 

7 applicable laws; and 

8 (D) any recommendations for legislation 

9 and other congressional actions necessary to en10 sure national levee safety. 

11 (2) INCLUSION.—Each report under paragraph 

12 (1) shall include a report of the Board that describes 

13 the independent recommendations of the Board for the 

14 implementation of the national levee safety program. 

15 (b) NATIONAL DAM AND LEVEE SAFETY PROGRAM.— 

16 Not later than 3 years after the date of enactment of this 

17 Act, to the maximum extent practicable, the Secretary, in 

18 coordination with the Board, shall submit to Congress a 

19 report that includes recommendations regarding the advis20 ability and feasibility of, and potential approaches for, es21 tablishing a joint national dam and levee safety program. 

22 (c) ALIGNMENT OF FEDERAL PROGRAMS RELATING TO

23 LEVEES.—Not later than 2 years after the date of enact24 ment of this Act, the Comptroller General shall submit to 

25 Congress a report on opportunities for alignment of Federal 
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1 programs to provide incentives to State, tribal, and local 

2 governments and individuals and entities— 

3 (1) to promote shared responsibility for levee 

4 safety; 

5 (2) to encourage the development of strong State 

6 and tribal levee safety programs; 

7 (3) to better align the national levee safety pro8 gram with other Federal flood risk management pro9 grams; and 

10 (4) to promote increased levee safety through 

11 other Federal programs providing assistance to State 

12 and local governments. 

13 (d) LIABILITY FOR CERTAIN LEVEE ENGINEERING

14 PROJECTS.—Not later than 1 year after the date of enact15 ment of this Act, the Secretary shall submit to Congress a 

16 report that includes recommendations that identify and ad17 dress any legal liability associated with levee engineering 

18 projects that prevent— 

19 (1) levee owners from obtaining needed levee en20 gineering services; or 

21 (2) development and implementation of a State 

22 or tribal levee safety program. 

23 SEC. 6008. EFFECT OF TITLE. 

24 Nothing in this title— 
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1 (1) establishes any liability of the United States 

2 or any officer or employee of the United States (in3 cluding the Board and the Standing Committees of 

4 the Board) for any damages caused by any action or 

5 failure to act; or 

6 (2) relieves an owner or operator of a levee of 

7 any legal duty, obligation, or liability incident to the 

8 ownership or operation of the levee. 

9 SEC. 6009. AUTHORIZATION OF APPROPRIATIONS. 

10 There are authorized to be appropriated to the Sec11 retary to carry out this title— 

12 (1) for funding the administration and staff of 

13 the national levee safety program, the Board, the 

14 Standing Committees of the Board, and participating 

15 programs, $5,000,000 for each of fiscal years 2014 

16 through 2023; 

17 (2) for technical programs, including the devel18 opment of levee safety guidelines, publications, train19 ing, and technical assistance— 

20 (A) $5,000,000 for each of fiscal years 2014 

21 through 2018; 

22 (B) $7,500,000 for each of fiscal years 2019 

23 and 2020; and 

24 (C) $10,000,000 for each of fiscal years 

25 2021 through 2023; 
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1 (3) for public involvement and education pro2 grams, $3,000,000 for each of fiscal years 2014 

3 through 2023; 

4 (4) to carry out the levee inventory and inspec5 tions under section 9004 of the Water Resources De6 velopment Act of 2007 (33 U.S.C. 3303), $30,000,000 

7 for each of fiscal years 2014 through 2018; 

8 (5) for grants to State and tribal levee safety 

9 programs, $300,000,000 for fiscal years 2014 through 

10 2023; and 

11 (6) for levee rehabilitation assistance grants, 

12 $300,000,000 for fiscal years 2014 through 2023. 

13 TITLE VII—INLAND WATERWAYS 

14 SEC. 7001. PURPOSES. 

15 The purposes of this title are— 

16 (1) to improve program and project management 

17 relating to the construction and major rehabilitation 

18 of navigation projects on inland waterways; 

19 (2) to optimize inland waterways navigation 

20 system reliability; 

21 (3) to minimize the size and scope of inland wa22 terways navigation project completion schedules; 

23 (4) to eliminate preventable delays in inland 

24 waterways navigation project completion schedules; 

25 and 
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1 (5) to make inland waterways navigation cap2 ital investments through the use of prioritization cri3 teria that seek to maximize systemwide benefits and 

4 minimize overall system risk. 

5 SEC. 7002. DEFINITIONS. 

6 In this title: 

7 (1) INLAND WATERWAYS TRUST FUND.—The 

8 term ‘‘Inland Waterways Trust Fund’’ means the In9 land 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 reha13 bilitation project for navigation infrastructure of the 

14 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 enactment 

18 of this Act; and 

19 (C) funded at least in part from the Inland 

20 Waterways Trust Fund. 

21 (3) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of the Army, acting through the Chief 

23 of Engineers. 
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1 SEC. 7003. PROJECT DELIVERY PROCESS REFORMS. 

2 (a) REQUIREMENTS FOR QUALIFYING PROJECTS.— 

3 With respect to each qualifying project, the Secretary shall 

4 require— 

5 (1) formal project management training and cer6 tification for each project manager; 

7 (2) assignment as project manager only of per8 sonnel fully certified by the Chief of Engineers; and 

9 (3) for an applicable cost estimation, that— 

10 (A) the estimation— 

11 (i) is risk-based; and 

12 (ii) has a confidence level of at least 80 

13 percent; and 

14 (B) a risk-based cost estimate shall be im15 plemented— 

16 (i) for a qualified project that requires 

17 an increase in the authorized amount in ac18 cordance with section 902 of the Water Re19 sources Development Act of 1986 (Public 

20 Law 99–662; 100 Stat. 4183), during the 

21 preparation of a post-authorization change 

22 report or other similar decision document; 

23 (ii) for a qualified project for which 

24 the first construction contract has not been 

25 awarded, prior to the award of the first 

26 construction contract; 
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1 (iii) for a qualified project without a 

2 completed Chief of Engineers report, prior 

3 to the completion of such a report; and 

4 (iv) for a qualified project with a com5 pleted Chief of Engineers report that has 

6 not yet been authorized, during design for 

7 the qualified project. 

8 (b) ADDITIONAL PROJECT DELIVERY PROCESS RE9 FORMS.—Not later than 18 months after the date of enact10 ment of this Act, the Secretary shall— 

11 (1) establish a system to identify and apply on 

12 a continuing basis lessons learned from prior or ongo13 ing qualifying projects to improve the likelihood of 

14 on-time and on-budget completion of qualifying 

15 projects; 

16 (2) evaluate early contractor involvement acqui17 sition procedures to improve on-time and on-budget 

18 project delivery performance; and 

19 (3) implement any additional measures that the 

20 Secretary determines will achieve the purposes of this 

21 title and the amendments made by this title, includ22 ing, as the Secretary determines to be appropriate— 

23 (A) the implementation of applicable prac24 tices and procedures developed pursuant to man-
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1 agement by the Secretary of an applicable mili2 tary construction program; 

3 (B) the establishment of 1 or more centers 

4 of expertise for the design and review of quali5 fying projects; 

6 (C) the development and use of a portfolio 

7 of standard designs for inland navigation locks; 

8 (D) the use of full-funding contracts or for9 mulation of a revised continuing contracts 

10 clause; and 

11 (E) the establishment of procedures for rec12 ommending new project construction starts using 

13 a capital projects business model. 

14 (c) PILOT PROJECTS.— 

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

16 Secretary may carry out 1 or more pilot projects to 

17 evaluate processes or procedures for the study, design, 

18 or construction of qualifying projects. 

19 (2) INCLUSIONS.—At a minimum, the Secretary 

20 shall carry out pilot projects under this subsection to 

21 evaluate— 

22 (A) early contractor involvement in the de23 velopment of features and components; 
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1 (B) an appropriate use of continuing con2 tracts for the construction of features and compo3 nents; and 

4 (C) applicable principles, procedures, and 

5 processes used for military construction projects. 

6 (d) INLAND WATERWAYS USER BOARD.—Section 302 

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

8 2251) is amended— 

9 (1) by striking subsection (b) and inserting the 

10 following: 

11 ‘‘(b) DUTIES OF USERS BOARD.— 

12 ‘‘(1) IN GENERAL.—The Users Board shall meet 

13 not less frequently than semiannually to develop and 

14 make recommendations to the Secretary and Congress 

15 regarding the inland waterways and inland harbors 

16 of the United States. 

17 ‘‘(2) ADVICE AND RECOMMENDATIONS.—For 

18 commercial navigation features and components of 

19 the inland waterways and inland harbors of the 

20 United States, the Users Board shall provide— 

21 ‘‘(A) prior to the development of the budget 

22 proposal of the President for a given fiscal year, 

23 advice and recommendations to the Secretary re24 garding construction and rehabilitation prior25 ities and spending levels; 
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1 ‘‘(B) advice and recommendations to Con2 gress regarding any report of the Chief of Engi3 neers relating to those features and components; 

4 ‘‘(C) advice and recommendations to Con5 gress regarding an increase in the authorized 

6 cost of those features and components; 

7 ‘‘(D) not later than 60 days after the date 

8 of the submission of the budget proposal of the 

9 President to Congress, advice and recommenda10 tions to Congress regarding construction and re11 habilitation priorities and spending levels; and 

12 ‘‘(E) a long-term capital investment pro13 gram in accordance with subsection (d). 

14 ‘‘(3) PROJECT DEVELOPMENT TEAMS.—The 

15 chairperson of the Users Board shall appoint a rep16 resentative of the Users Board to serve on the project 

17 development team for a qualifying project or the 

18 study or design of a commercial navigation feature or 

19 component of the inland waterways and inland har20 bors of the United States. 

21 ‘‘(4) INDEPENDENT JUDGMENT.—Any advice or 

22 recommendation made by the Users Board to the Sec23 retary shall reflect the independent judgment of the 

24 Users Board.’’; 
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1 (2) by redesignating subsection (c) as subsection 

2 (f); and 

3 (3) by inserting after subsection (b) the fol4 lowing: 

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, design, 

8 or construction of all commercial navigation features 

9 or components of the inland waterways or inland 

10 harbors of the United States; and 

11 ‘‘(2) submit to the Users Board a courtesy copy 

12 of all reports of the Chief of Engineers relating to a 

13 commercial navigation feature or component of the 

14 inland 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 Secretary, 

19 in coordination with the Users Board, shall develop, 

20 and submit to Congress a report describing, a 20-year 

21 program for making capital investments on the in22 land and intracoastal waterways, based on the appli23 cation 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 pro12 gram 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 this 

19 subsection, and not less frequently than once every 5 

20 years thereafter, the Secretary, in conjunction with 

21 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 criteria 

3 used to develop the updated recommendations); 

4 and 

5 ‘‘(B) make such revisions to the program as 

6 the Secretary and Users Board jointly consider 

7 to be appropriate. 

8 ‘‘(e) PROJECT MANAGEMENT PLANS.—The chairperson 

9 of the Users Board and the project development team mem10 ber appointed by the chairperson under subsection (b)(3) 

11 shall sign the project management plan for the qualifying 

12 project or the study or design of a commercial navigation 

13 feature or component of the inland waterways and inland 

14 harbors of the United States.’’. 

15 SEC. 7004. MAJOR REHABILITATION STANDARDS. 

16 Section 205(1)(E)(ii) of the Water Resources Develop17 ment Act of 1992 (33 U.S.C. 2327(1)(E)(ii)) is amended 

18 by striking ‘‘$8,000,000’’ and inserting ‘‘$20,000,000’’. 

19 SEC. 7005. INLAND WATERWAYS SYSTEM REVENUES. 

20 (a) FINDINGS.—Congress finds that— 

21 (1) there are approximately 12,000 miles of Fed22 eral waterways, known as the inland waterways sys23 tem, that are supported by user fees and managed by 

24 the Corps of Engineers; 
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1 (2) the inland waterways system spans 38 States 

2 and handles approximately one-half of all inland wa3 terway freight; 

4 (3) according to the final report of the Inland 

5 Marine Transportation System Capital Projects Busi6 ness Model, freight traffic on the Federal fuel-taxed 

7 inland waterways system accounts for 546,000,000 

8 tons of freight each year; 

9 (4) expenditures for construction and major re10 habilitation projects on the inland waterways system 

11 are equally cost-shared between the Federal Govern12 ment and the Inland Waterways Trust Fund; 

13 (5) the Inland Waterways Trust Fund is fi14 nanced through a fee of $0.20 per gallon on fuel used 

15 by commercial barges; 

16 (6) the balance of the Inland Waterways Trust 

17 Fund has declined significantly in recent years; 

18 (7) according to the final report of the Inland 

19 Marine Transportation System Capital Projects Busi20 ness Model, the estimated financial need for construc21 tion and major rehabilitation projects on the inland 

22 waterways system for fiscal years 2011 through 2030 

23 is approximately $18,000,000,000; and 

24 (8) users of the inland waterways system are 

25 supportive of an increase in the existing revenue 
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1 sources for inland waterways system construction and 

2 major rehabilitation activities to expedite the most 

3 critical of those construction and major rehabilitation 

4 projects. 

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

6 that— 

7 (1) the existing revenue sources for inland water8 ways system construction and rehabilitation activities 

9 are insufficient to cover the costs of non-Federal inter10 ests of construction and major rehabilitation projects 

11 on the inland waterways system; and 

12 (2) the issue described in paragraph (1) should 

13 be addressed. 

14 SEC. 7006. EFFICIENCY OF REVENUE COLLECTION. 

15 Not later than 2 years after the date of enactment of 

16 this Act, the Comptroller General shall prepare a report on 

17 the efficiency of collecting the fuel tax for the Inland Water18 ways Trust Fund, which shall include— 

19 (1) an evaluation of whether current methods of 

20 collection of the fuel tax result in full compliance with 

21 requirements of the law; 

22 (2) whether alternative methods of collection 

23 would result in increased revenues into the Inland 

24 Waterways Trust Fund; and 
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1 (3) an evaluation of alternative collection op2 tions. 

3 SEC. 7007. GAO STUDY, OLMSTED LOCKS AND DAM, LOWER 

4 OHIO RIVER, ILLINOIS AND KENTUCKY. 

5 As soon as practicable after the date of enactment of 

6 this Act, the Comptroller General of the United States shall 

7 conduct, and submit to Congress a report describing the re8 sults of, a study to determine why, and to what extent, the 

9 project for navigation, Lower Ohio River, Locks and Dams 

10 52 and 53, Illinois and Kentucky (commonly known as the 

11 ‘‘Olmsted Locks and Dam project’’), authorized by section 

12 3(a)(6) of the Water Resources Development Act of 1988 

13 (102 Stat. 4013), has exceeded the budget for the project 

14 and the reasons why the project failed to be completed as 

15 scheduled, including an assessment of— 

16 (1) engineering methods used for the project; 

17 (2) the management of the project; 

18 (3) contracting for the project; 

19 (4) the cost to the United States of benefits fore20 gone due to project delays; and 

21 (5) such other contributory factors as the Comp22 troller General determines to be appropriate. 
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1 SEC. 7008. OLMSTED LOCKS AND DAM, LOWER OHIO RIVER, 

2 ILLINOIS AND KENTUCKY. 

3 Section 3(a)(6) of the Water Resources Development 

4 Act of 1988 (102 Stat. 4013) is amended by striking ‘‘and 

5 with the costs of construction’’ and all that follows through 

6 the period at the end and inserting ‘‘which amounts re7 maining after the date of enactment of this Act shall be 

8 appropriated from the general fund of the Treasury.’’. 

9 TITLE VIII—HARBOR 

10 MAINTENANCE 

11 SEC. 8001. SHORT TITLE. 

12 This title may be cited as the ‘‘Harbor Maintenance 

13 Trust Fund Act of 2013’’. 

14 SEC. 8002. PURPOSES. 

15 The purposes of this title are— 

16 (1) to ensure that revenues collected into the 

17 Harbor Maintenance Trust Fund are used for the in18 tended purposes of those revenues; 

19 (2) to increase investment in the operation and 

20 maintenance of United States ports, which are crit21 ical for the economic competitiveness of the United 

22 States; 

23 (3) to promote equity among ports nationwide; 

24 (4) to ensure United States ports are prepared to 

25 meet modern shipping needs, including the capability 

26 to receive large ships that require deeper drafts; and 
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1 (5) to prevent cargo diversion from United 

2 States ports. 

3 SEC. 8003. FUNDING FOR HARBOR MAINTENANCE PRO4 GRAMS. 

5 (a) DEFINITIONS.—In this section: 

6 (1) TOTAL BUDGET RESOURCES.—The term 

7 ‘‘total budget resources’’ means the total amount made 

8 available by appropriations Acts from the Harbor 

9 Maintenance Trust Fund for a fiscal year for making 

10 expenditures under section 9505(c) of the Internal 

11 Revenue Code of 1986. 

12 (2) LEVEL OF RECEIPTS PLUS INTEREST.—The 

13 term ‘‘level of receipts plus interest’’ means the level 

14 of taxes and interest credited to the Harbor Mainte15 nance Trust Fund under section 9505 of the Internal 

16 Revenue Code of 1986 for a fiscal year as set forth in 

17 the President’s budget baseline projection, as deter18 mined under section 257 of the Balanced Budget and 

19 Emergency Deficit Control Act of 1985 (2 U.S.C. 907) 

20 for that fiscal year submitted pursuant to section 

21 1105 of title 31, United States Code. 

22 (b) MINIMUM RESOURCES.— 

23 (1) MINIMUM RESOURCES.— 

24 (A) IN GENERAL.—The total budget re25 sources made available to the Secretary from the 
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1 Harbor Maintenance Trust Fund shall be not 

2 less than the lesser of— 

3 (i)(I) for fiscal year 2014, 

4 $1,000,000,000; 

5 (II) for fiscal year 2015, 

6 $1,100,000,000; 

7 (III) for fiscal year 2016, 

8 $1,200,000,000; 

9 (IV) for fiscal year 2017, 

10 $1,300,000,000; 

11 (V) for fiscal year 2018, 

12 $1,400,000,000; and 

13 (VI) for fiscal year 2019, 

14 $1,500,000,000; and 

15 (ii) the level of receipts plus interest 

16 credited to the Harbor Maintenance Trust 

17 Fund for that fiscal year. 

18 (B) FISCAL YEAR 2020 AND SUBSEQUENT

19 FISCAL YEARS.—For fiscal year 2020 and each 

20 fiscal year thereafter, the total budget resources 

21 made available to the Secretary from the Harbor 

22 Maintenance Trust Fund shall be not less than 

23 the level of receipts plus interest credited to the 

24 Harbor Maintenance Trust Fund for that fiscal 

25 year. 
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1 (2) USE OF AMOUNTS.—The amounts described 

2 in paragraph (1) may be used only for harbor main3 tenance programs described in section 9505(c) of the 

4 Internal Revenue Code of 1986. 

5 (c) IMPACT ON OTHER FUNDS.— 

6 (1) IN GENERAL.—Subject to paragraph (3), sub7 section (b)(1) shall not apply if providing the min8 imum resources required under that subsection would 

9 result in making the amounts made available for the 

10 applicable fiscal year to carry out all programs, 

11 projects, and activities of the civil works program of 

12 the Corps of Engineers, other than the harbor mainte13 nance programs, to be less than the amounts made 

14 available for those purposes in the previous fiscal 

15 year. 

16 (2) CALCULATION OF AMOUNTS.—For each fiscal 

17 year, the amounts made available to carry out all 

18 programs, projects, and activities of the civil works 

19 program of the Corps of Engineers shall not include 

20 any amounts that are designated by Congress— 

21 (A) as being for emergency requirements 

22 pursuant to section 251(b)(2)(A)(i) of the Bal23 anced Budget and Emergency Deficit Control 

24 Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)); or 
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1 (B) as being for disaster relief pursuant to 

2 section 251(b)(2)(D) of the Balanced Budget and 

3 Emergency Deficit Control Act of 1985 (2 U.S.C. 

4 901(b)(2)(D)). 

5 (3) EXCEPTIONS.—Paragraph (1) shall not 

6 apply if— 

7 (A) amounts made available for the civil 

8 works program of the Corps of Engineers for a 

9 fiscal year are less than the amounts made avail10 able for the civil works program in the previous 

11 fiscal year; and 

12 (B) the reduction in amounts made avail13 able— 

14 (i) applies to all discretionary funds 

15 and programs of the Federal Government; 

16 and 

17 (ii) is applied to the civil works pro18 gram in the same percentage and manner 

19 as other discretionary funds and programs. 

20 SEC. 8004. HARBOR MAINTENANCE TRUST FUND 

21 PRIORITIZATION. 

22 (a) POLICY.—It is the policy of the United States that 

23 the primary use of the Harbor Maintenance Trust Fund 

24 is for maintaining the constructed widths and depths of the 

25 commercial ports and harbors of the United States, and 
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1 those functions should be given first consideration in the 

2 budgeting of Harbor Maintenance Trust Fund allocations. 

3 (b) IN GENERAL.—Section 210 of the Water Resources 

4 Development Act of 1986 (33 U.S.C. 2238) is amended by 

5 adding at the end the following: 

6 ‘‘(c) PRIORITIZATION.— 

7 ‘‘(1) DEFINITIONS.—In this subsection: 

8 ‘‘(A) CONSTRUCTED WIDTH AND DEPTH.— 

9 The term ‘constructed width and depth’ means 

10 the depth to which a project has been con11 structed, which shall not exceed the authorized 

12 width and depth of the project. 

13 ‘‘(B) GREAT LAKES NAVIGATION SYSTEM.— 

14 The term ‘Great Lakes Navigation System’ in15 cludes— 

16 ‘‘(i)(I) Lake Superior; 

17 ‘‘(II) Lake Huron; 

18 ‘‘(III) Lake Michigan; 

19 ‘‘(IV) Lake Erie; and 

20 ‘‘(V) Lake Ontario; 

21 ‘‘(ii) all connecting waters between the 

22 lakes referred to in clause (i) used for com23 mercial navigation; 

24 ‘‘(iii) any navigation features in the 

25 lakes referred to in clause (i) or waters de-
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1 scribed in clause (ii) that are a Federal op2 eration or maintenance responsibility; and 

3 ‘‘(iv) areas of the Saint Lawrence 

4 River that are operated or maintained by 

5 the Federal Government for commercial 

6 navigation. 

7 ‘‘(C) HIGH-USE DEEP DRAFT.— 

8 ‘‘(i) IN GENERAL.—The term ‘high-use 

9 deep draft’ means a project that has a depth 

10 of greater than 14 feet with not less than 

11 10,000,000 tons of cargo annually. 

12 ‘‘(ii) EXCLUSION.—The term ‘high-use 

13 deep draft’ does not include a project lo14 cated in the Great Lakes Navigation Sys15 tem. 

16 ‘‘(D) LOW-USE PORT.—The term ‘low-use 

17 port’ means a port at which not more than 

18 1,000,000 tons of cargo are transported each cal19 endar year. 

20 ‘‘(E) MODERATE-USE PORT.—The term 

21 ‘moderate-use port’ means a port at which more 

22 than 1,000,000, but fewer than 10,000,000, tons 

23 of cargo are transported each calendar year. 

24 ‘‘(2) PRIORITY.—Of the amounts made available 

25 under this section to carry out projects described in 
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1 subsection (a)(2) that are in excess of the amounts 

2 made available to carry out those projects in fiscal 

3 year 2012, the Secretary of the Army, acting through 

4 the Chief of Engineers, shall give priority to those 

5 projects in the following order: 

6 ‘‘(A)(i) In any fiscal year in which all 

7 projects subject to the harbor maintenance fee 

8 under section 24.24 of title 19, Code of Federal 

9 Regulations (or a successor regulation) are not 

10 maintained to their constructed width and 

11 depth, the Secretary shall prioritize amounts 

12 made available under this section for those 

13 projects that are high-use deep draft and are a 

14 priority for navigation in the Great Lakes Navi15 gation System. 

16 ‘‘(ii) Of the amounts made available under 

17 clause (i)— 

18 ‘‘(I) 80 percent shall be used for 

19 projects that are high-use deep draft; and 

20 ‘‘(II) 20 percent shall be used for 

21 projects that are a priority for navigation 

22 in the Great Lakes Navigation System. 

23 ‘‘(B) In any fiscal year in which all 

24 projects identified as high-use deep draft are 
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1 maintained to their constructed width and 

2 depth, the Secretary shall— 

3 ‘‘(i) equally divide among each of the 

4 districts of the Corps of Engineers in which 

5 eligible projects are located 10 percent of re6 maining amounts made available under 

7 this section for moderate-use and low-use 

8 port projects— 

9 ‘‘(I) that have been maintained at 

10 less than their constructed width and 

11 depth due to insufficient federal fund12 ing during the preceding 6 fiscal years; 

13 and 

14 ‘‘(II) for which significant State 

15 and local investments in infrastructure 

16 have been made at those projects dur17 ing the preceding 6 fiscal years; and 

18 ‘‘(ii) prioritize any remaining 

19 amounts made available under this section 

20 for those projects that are not maintained to 

21 the minimum width and depth necessary to 

22 provide sufficient clearance for fully loaded 

23 commercial vessels using those projects to 

24 maneuver safely. 
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1 ‘‘(3) ADMINISTRATION.—For purposes of this 

2 subsection, State and local investments in infrastruc3 ture shall include infrastructure investments made 

4 using amounts made available for activities under 

5 section 105(a)(9) of the Housing and Community De6 velopment Act of 1974 (42 U.S.C. 5305(a)(9)). 

7 ‘‘(4) EXCEPTIONS.—The Secretary may 

8 prioritize a project not identified in paragraph (2) if 

9 the Secretary determines that funding for the project 

10 is necessary to address— 

11 ‘‘(A) hazardous navigation conditions; or 

12 ‘‘(B) impacts of natural disasters, including 

13 storms and droughts. 

14 ‘‘(5) REPORTS TO CONGRESS.—Not later than 

15 September 30, 2013, and annually thereafter, the Sec16 retary shall submit to Congress a report that de17 scribes, with respect to the preceding fiscal year— 

18 ‘‘(A) the amount of funds used to maintain 

19 high-use deep draft projects and projects at mod20 erate-use ports and low-use ports to the con21 structed depth and width of the projects; 

22 ‘‘(B) the respective percentage of total funds 

23 provided under this section used for high use 

24 deep draft projects and projects at moderate-use 

25 ports and low-use ports; 
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1 ‘‘(C) the remaining amount of funds made 

2 available to carry out this section, if any; and 

3 ‘‘(D) any additional amounts needed to 

4 maintain the high-use deep draft projects and 

5 projects at moderate-use ports and low-use ports 

6 to the constructed depth and width of the 

7 projects.’’. 

8 (c) OPERATION AND MAINTENANCE.—Section 101(b) of 

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

10 2211(b)) is amended— 

11 (1) in paragraph (1), by striking ‘‘45 feet’’ and 

12 inserting ‘‘50 feet’’; and 

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

14 ‘‘(3) OPERATION AND MAINTENANCE ACTIVITIES

15 DEFINED.— 

16 ‘‘(A) SCOPE OF OPERATION AND MAINTE17 NANCE ACTIVITIES.—Notwithstanding any other 

18 provision of law (including regulations and 

19 guidelines) and subject to subparagraph (B), for 

20 purposes of this subsection, operation and main21 tenance activities that are eligible for the Federal 

22 cost share under paragraph (1) shall include— 

23 ‘‘(i) the dredging of berths in a harbor 

24 that is accessible to a Federal channel, if the 

25 Federal channel has been constructed to a 
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1 depth equal to the authorized depth of the 

2 channel; and 

3 ‘‘(ii) the dredging and disposal of leg4 acy-contaminated sediments and sediments 

5 unsuitable for ocean disposal that— 

6 ‘‘(I) are located in or affect the 

7 maintenance of Federal navigation 

8 channels; or 

9 ‘‘(II) are located in berths that 

10 are accessible to Federal channels. 

11 ‘‘(B) LIMITATIONS.— 

12 ‘‘(i) IN GENERAL.—For each fiscal 

13 year, subject to section 210(c)(2), subpara14 graph (A) shall only apply— 

15 ‘‘(I) to the amounts made avail16 able under section 210 to carry out 

17 projects described in subsection (a)(2) 

18 of that section that are in excess of the 

19 amounts made available to carry out 

20 those projects in fiscal year 2012; and 

21 ‘‘(II) if, in that fiscal year, all 

22 projects identified as high-use deep 

23 draft (as defined in section 210(c)) are 

24 maintained to their constructed width 

25 and depth. 
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1 ‘‘(ii) STATE LIMITATION.—For each 

2 fiscal year, the operation and maintenance 

3 activities described in subparagraph (A) 

4 may only be carried out in a State— 

5 ‘‘(I) in which the total amounts 

6 collected pursuant to section 4461 of 

7 the Internal Revenue Code of 1986 

8 comprise not less than 2.5 percent an9 nually of the total funding of the Har10 bor Maintenance Trust Fund estab11 lished under section 9505 of the Inter12 nal Revenue Code of 1986; and 

13 ‘‘(II) that received less than 50 

14 percent of the total amounts collected 

15 in that State pursuant to section 4461 

16 of the Internal Revenue Code of 1986 

17 in the previous 3 fiscal years. 

18 ‘‘(iii) PRIORITIZATION.—In allocating 

19 amounts made available under this para20 graph, the Secretary shall give priority to 

21 projects that have received the lowest 

22 amount of funding from the Harbor Main23 tenance Trust Fund in comparison to the 

24 amount of funding contributed to the Har-
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1 bor Maintenance Trust Fund in the pre2 vious 3 fiscal years. 

3 ‘‘(iv) MAXIMUM AMOUNT.—The total 

4 amount made available in each fiscal year 

5 to carry out this paragraph shall not exceed 

6 the lesser of— 

7 ‘‘(I) amount that is equal to 40 

8 percent of the amounts made available 

9 under section 210 to carry out projects 

10 described in subsection (a)(2) of that 

11 section that are in excess of the 

12 amounts made available to carry out 

13 those projects in fiscal year 2012; and 

14 ‘‘(II) the amount that is equal to 

15 20 percent of the amounts made avail16 able under section 210 to carry out 

17 projects described in subsection (a)(2) 

18 of that section. 

19 ‘‘(4) DONOR PORTS AND PORTS CONTRIBUTING

20 TO ENERGY PRODUCTION.— 

21 ‘‘(A) DEFINITIONS.—In this paragraph: 

22 ‘‘(i) CARGO CONTAINER.—The term 

23 ‘cargo container’ means a cargo container 

24 that is 1 Twenty-foot Equivalent Unit. 
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1 ‘‘(ii) ELIGIBLE DONOR PORT.—The 

2 term, ‘eligible donor port’ means a port— 

3 ‘‘(I) that is subject to the harbor 

4 maintenance fee under section 24.24 of 

5 title 19, Code of Federal Regulations 

6 (or a successor regulation); 

7 ‘‘(II)(aa) at which the total 

8 amounts collected pursuant to section 

9 4461 of the Internal Revenue Code of 

10 1986 comprise not less than 

11 $15,000,000 annually of the total fund12 ing of the Harbor Maintenance Trust 

13 Fund established under section 9505 of 

14 the Internal Revenue Code of 1986; 

15 and 

16 ‘‘(bb) that received less than 25 

17 percent of the total amounts collected 

18 at that port pursuant to section 4461 

19 of the Internal Revenue Code of 1986 

20 in the previous 5 fiscal years; and 

21 ‘‘(III) that is located in a State 

22 in which more than 2,000,000 cargo 

23 containers were unloaded from or load24 ed on to vessels in calendar year 2011. 
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1 ‘‘(iii) ELIGIBLE ENERGY TRANSFER

2 PORT.—The term ‘eligible energy transfer 

3 port’ means a port— 

4 ‘‘(I) that is subject to the harbor 

5 maintenance fee under section 24.24 of 

6 title 19, Code of Federal Regulation (or 

7 successor regulation); and 

8 ‘‘(II)(aa) at which energy com9 modities comprised greater than 25 

10 percent of all commercial activity by 

11 tonnage in calendar year 2011; and 

12 ‘‘(bb) through which more 

13 than 40 million tons of cargo were 

14 transported in calendar year 

15 2011. 

16 ‘‘(iv) ENERGY COMMODITY.—The term 

17 ‘energy commodity’ includes— 

18 ‘‘(I) petroleum products; 

19 ‘‘(II) natural gas; 

20 ‘‘(III) coal; 

21 ‘‘(IV) wind and solar energy com22 ponents; and 

23 ‘‘(V) biofuels. 

24 ‘‘(B) ADDITIONAL USES.— 
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1 ‘‘(i) IN GENERAL.—Subject to appro2 priations, the Secretary may provide to eli3 gible donor ports and eligible energy trans4 fer ports amounts in accordance with clause 

5 (ii). 

6 ‘‘(ii) LIMITATIONS.—The amounts de7 scribed in clause (i)— 

8 ‘‘(I) made available for eligible 

9 energy transfer ports shall be divided 

10 equally among all States with an eligi11 ble energy transfer port; and 

12 ‘‘(II) shall be made available only 

13 to a port as either an eligible donor 

14 port or an eligible energy transfer port. 

15 ‘‘(C) USES.—Amounts provided to an eligi16 ble port under this paragraph may only be used 

17 by that port— 

18 ‘‘(i) to provide payments to importers 

19 entering cargo or shippers transporting 

20 cargo through an eligible donor port or eli21 gible energy transfer port, as calculated by 

22 U.S. Customs and Border Protection; 

23 ‘‘(ii) to dredge berths in a harbor that 

24 is accessible to a Federal channel; 
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1 ‘‘(iii) to dredge and dispose of legacy2 contaminated sediments and sediments un3 suitable for ocean disposal that— 

4 ‘‘(I) are located in or affect the 

5 maintenance of Federal navigation 

6 channels; or 

7 ‘‘(II) are located in berths that 

8 are accessible to Federal channels; or 

9 ‘‘(iv) for environmental remediation 

10 related to dredging berths and Federal navi11 gation channels. 

12 ‘‘(D) ADMINISTRATION OF PAYMENTS.—If 

13 an eligible donor port or eligible energy transfer 

14 port elects to provide payments to importers or 

15 shippers in accordance with subparagraph 

16 (C)(i), the Secretary shall transfer the amounts 

17 that would be provided to the port under this 

18 paragraph to the Commissioner of U.S. Customs 

19 and Border Protection to provide the payments 

20 to the importers or shippers. 

21 ‘‘(E) AUTHORIZATION OF APPROPRIA22 TIONS.— 

23 ‘‘(i) IN GENERAL.—For fiscal years 

24 2014 through 2024, if the total amounts 

25 made available from the Harbor Mainte-
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† HR 3080 EAS 

1 nance Trust Fund exceed the total amounts 

2 made available from the Harbor Mainte3 nance Trust Fund in fiscal year 2012, there 

4 is authorized to be appropriated from the 

5 Harbor Maintenance Trust Fund to carry 

6 out this paragraph the sum obtained by 

7 adding— 

8 ‘‘(I) $50,000,000; and 

9 ‘‘(II) the amount that is equal to 

10 10 percent of the amounts made avail11 able under section 210 to carry out 

12 projects described in subsection (a)(2) 

13 of that section that are in excess of the 

14 amounts made available to carry out 

15 those projects in fiscal year 2012. 

16 ‘‘(ii) DIVISION BETWEEN ELIGIBLE

17 DONOR PORTS AND ELIGIBLE ENERGY

18 TRANSFER PORTS.—For each fiscal year, 

19 amounts made available shall be divided 

20 equally between eligible donor ports and eli21 gible energy transfer ports.’’. 

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

23 the Internal Revenue Code of 1986 is amended by striking 

24 ‘‘as in effect on the date of the enactment of the Water Re25 sources Development Act of 1996’’ and inserting ‘‘as in ef-
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1 fect on the date of the enactment of the Harbor Maintenance 

2 Trust Fund Act of 2013’’. 

3 SEC. 8005. HARBOR MAINTENANCE TRUST FUND STUDY. 

4 (a) DEFINITIONS.—In this section: 

5 (1) LOW-USE PORT.—The term ‘‘low-use port’’ 

6 means a port at which not more than 1,000,000 tons 

7 of cargo are transported each calendar year. 

8 (2) MODERATE-USE PORT.—The term ‘‘moderate9 use port’’ means a port at which more than 

10 1,000,000, but fewer than 10,000,000, tons of cargo 

11 are transported each calendar year. 

12 (b) STUDY.—Not later than 270 days after the date 

13 of enactment of this Act, the Comptroller General of the 

14 United States shall carry out a study and submit to Con15 gress a report that— 

16 (1) evaluates the effectiveness of activities funded 

17 by the Harbor Maintenance Trust Fund in maxi18 mizing economic growth and job creation in the com19 munities surrounding low- and moderate-use ports; 

20 and 

21 (2) includes recommendations relating to the use 

22 of amounts in the Harbor Maintenance Trust Fund 

23 to increase the competitiveness of United States ports 

24 relative to Canadian and Mexican ports. 
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1 TITLE IX—DAM SAFETY 

2 SEC. 9001. SHORT TITLE. 

3 This title may be cited as the ‘‘Dam Safety Act of 

4 2013’’. 

5 SEC. 9002. PURPOSE. 

6 The purpose of this title and the amendments made 

7 by this title is to reduce the risks to life and property from 

8 dam failure in the United States through the reauthoriza9 tion of an effective national dam safety program that brings 

10 together the expertise and resources of the Federal Govern11 ment and non-Federal interests in achieving national dam 

12 safety hazard reduction. 

13 SEC. 9003. ADMINISTRATOR. 

14 (a) IN GENERAL.—The National Dam Safety Program 

15 Act (33 U.S.C. 467 et seq.) is amended by striking ‘‘Direc16 tor’’ each place it appears and inserting ‘‘Administrator’’. 

17 (b) CONFORMING AMENDMENT.—Section 2 of the Na18 tional Dam Safety Program Act (33 U.S.C. 467) is amend19 ed— 

20 (1) by striking paragraph (3); 

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

22 paragraphs (2) and (3), respectively; and 

23 (3) by inserting before paragraph (2) (as redesig24 nated by paragraph (2)) the following: 
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1 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis2 trator’ means the Administrator of the Federal Emer3 gency Management Agency.’’. 

4 SEC. 9004. INSPECTION OF DAMS. 

5 Section 3(b)(1) of the National Dam Safety Program 

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

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

8 provisions for emergency operations’’. 

9 SEC. 9005. NATIONAL DAM SAFETY PROGRAM. 

10 (a) OBJECTIVES.—Section 8(c) of the National Dam 

11 Safety Program Act (33 U.S.C. 467f(c)) is amended by 

12 striking paragraph (4) and inserting the following: 

13 ‘‘(4) develop and implement a comprehensive 

14 dam safety hazard education and public awareness 

15 program to assist the public in preparing for, miti16 gating, responding to, and recovering from dam inci17 dents;’’. 

18 (b) BOARD.—Section 8(f)(4) of the National Dam 

19 Safety Program Act (33 U.S.C. 467f(f)(4)) is amended by 

20 inserting ‘‘, representatives from nongovernmental organi21 zations,’’ after ‘‘State agencies’’. 

22 SEC. 9006. PUBLIC AWARENESS AND OUTREACH FOR DAM 

23 SAFETY. 

24 The National Dam Safety Program Act (33 U.S.C. 467 

25 et seq.) is amended— 
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1 (1) by redesignating sections 11, 12, and 13 as 

2 sections 12, 13, and 14, respectively; and 

3 (2) by inserting after section 10 (33 U.S.C. 

4 467g–1) the following: 

5 ‘‘SEC. 11. PUBLIC AWARENESS AND OUTREACH FOR DAM 

6 SAFETY. 

7 ‘‘The Administrator, in consultation with other Fed8 eral agencies, State and local governments, dam owners, the 

9 emergency management community, the private sector, non10 governmental organizations and associations, institutions 

11 of higher education, and any other appropriate entities 

12 shall carry out a nationwide public awareness and outreach 

13 program to assist the public in preparing for, mitigating, 

14 responding to, and recovering from dam incidents.’’. 

15 SEC. 9007. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) NATIONAL DAM SAFETY PROGRAM.— 

17 (1) ANNUAL AMOUNTS.—Section 14(a)(1) of the 

18 National Dam Safety Program Act (33 U.S.C. 

19 467j(a)(1)) (as so redesignated) is amended by strik20 ing ‘‘$6,500,000’’ and all that follows through ‘‘2011’’ 

21 and inserting ‘‘$9,200,000 for each of fiscal years 

22 2014 through 2018’’. 

23 (2) MAXIMUM AMOUNT OF ALLOCATION.—Section 

24 14(a)(2)(B) of the National Dam Safety Program Act 
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1 (33 U.S.C. 467j(a)(2)(B)) (as so redesignated) is 

2 amended— 

3 (A) by striking ‘‘The amount’’ and inserting 

4 the following: 

5 ‘‘(i) IN GENERAL.—The amount’’; and 

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

7 ‘‘(ii) FISCAL YEAR 2014 AND SUBSE8 QUENT FISCAL YEARS.—For fiscal year 

9 2014 and each subsequent fiscal year, the 

10 amount of funds allocated to a State under 

11 this paragraph may not exceed the amount 

12 of funds committed by the State to imple13 ment dam safety activities.’’. 

14 (b) NATIONAL DAM INVENTORY.—Section 14(b) of the 

15 National Dam Safety Program Act (33 U.S.C. 467j(b)) (as 

16 so redesignated) is amended by striking ‘‘$650,000’’ and all 

17 that follows through ‘‘2011’’ and inserting ‘‘$500,000 for 

18 each of fiscal years 2014 through 2018’’. 

19 (c) PUBLIC AWARENESS.—Section 14 of the National 

20 Dam Safety Program Act (33 U.S.C. 467j) (as so redesig21 nated) is amended— 

22 (1) by redesignating subsections (c) through (f) 

23 as subsections (d) through (g), respectively; and 

24 (2) by inserting after subsection (b) the fol25 lowing: 
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1 ‘‘(c) PUBLIC AWARENESS.—There is authorized to be 

2 appropriated to carry out section 11 $1,000,000 for each 

3 of fiscal years 2014 through 2018.’’. 

4 (d) RESEARCH.—Section 14(d) of the National Dam 

5 Safety Program Act (as so redesignated) is amended by 

6 striking ‘‘$1,600,000’’ and all that follows through ‘‘2011’’ 

7 and inserting ‘‘$1,450,000 for each of fiscal years 2014 

8 through 2018’’. 

9 (e) DAM SAFETY TRAINING.—Section 14(e) of the Na10 tional Dam Safety Program Act (as so redesignated) is 

11 amended by striking ‘‘$550,000’’ and all that follows 

12 through ‘‘2011’’ and inserting ‘‘$750,000 for each of fiscal 

13 years 2014 through 2018’’. 

14 (f) STAFF.—Section 14(f) of the National Dam Safety 

15 Program Act (as so redesignated) is amended by striking 

16 ‘‘$700,000’’ and all that follows through ‘‘2011’’ and insert17 ing ‘‘$1,000,000 for each of fiscal years 2014 through 2018’’. 

18 TITLE X—INNOVATIVE 

19 FINANCING PILOT PROJECTS 

20 SEC. 10001. SHORT TITLE. 

21 This title may be cited as the ‘‘Water Infrastructure 

22 Finance and Innovation Act of 2013’’. 

23 SEC. 10002. PURPOSES. 

24 The purpose of this title is to establish a pilot program 

25 to assess the ability of innovative financing tools to— 
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1 (1) promote increased development of critical 

2 water resources infrastructure by establishing addi3 tional opportunities for financing water resources 

4 projects that complement but do not replace or reduce 

5 existing Federal infrastructure financing tools such as 

6 the State water pollution control revolving loan funds 

7 established under title VI of the Federal Water Pollu8 tion Control Act (33 U.S.C. 1381 et seq.) and the 

9 State drinking water treatment revolving loan funds 

10 established under section 1452 of the Safe Drinking 

11 Water Act (42 U.S.C. 300j–12); 

12 (2) attract new investment capital to infrastruc13 ture projects that are capable of generating revenue 

14 streams through user fees or other dedicated funding 

15 sources; 

16 (3) complement existing Federal funding sources 

17 and address budgetary constraints on the Corps of 

18 Engineers civil works program and existing waste19 water and drinking water infrastructure financing 

20 programs; 

21 (4) leverage private investment in water re22 sources infrastructure; 

23 (5) align investments in water resources infra24 structure to achieve multiple benefits; and 
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1 (6) assist communities facing significant water 

2 quality, drinking water, or flood risk challenges with 

3 the development of water infrastructure projects. 

4 SEC. 10003. DEFINITIONS. 

5 In this title: 

6 (1) ADMINISTRATOR.—The term ‘‘Adminis7 trator’’ means the Administrator of the Environ8 mental Protection Agency. 

9 (2) COMMUNITY WATER SYSTEM.—The term 

10 ‘‘community water system’’ has the meaning given the 

11 term in section 1401 of the Safe Drinking Water Act 

12 (42 U.S.C. 300f). 

13 (3) FEDERAL CREDIT INSTRUMENT.—The term 

14 ‘‘Federal credit instrument’’ means a secured loan or 

15 loan guarantee authorized to be made available under 

16 this title with respect to a project. 

17 (4) INVESTMENT-GRADE RATING.—The term ‘‘in18 vestment-grade rating’’ means a rating of BBB 

19 minus, Baa3, bbb minus, BBB (low), or higher as20 signed by a rating agency to project obligations. 

21 (5) LENDER.— 

22 (A) IN GENERAL.—The term ‘‘lender’’ 

23 means any non-Federal qualified institutional 

24 buyer (as defined in section 230.144A(a) of title 

25 17, Code of Federal Regulations (or a successor 
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1 regulation), known as Rule 144A(a) of the Secu2 rities and Exchange Commission and issued 

3 under the Securities Act of 1933 (15 U.S.C. 77a 

4 et seq.)). 

5 (B) INCLUSIONS.—The term ‘‘lender’’ in6 cludes— 

7 (i) a qualified retirement plan (as de8 fined in section 4974(c) of the Internal Rev9 enue Code of 1986) that is a qualified insti10 tutional buyer; and 

11 (ii) a governmental plan (as defined in 

12 section 414(d) of the Internal Revenue Code 

13 of 1986) that is a qualified institutional 

14 buyer. 

15 (6) LOAN GUARANTEE.—The term ‘‘loan guar16 antee’’ means any guarantee or other pledge by the 

17 Secretary or the Administrator to pay all or part of 

18 the principal of, and interest on, a loan or other debt 

19 obligation issued by an obligor and funded by a lend20 er. 

21 (7) OBLIGOR.—The term ‘‘obligor’’ means an eli22 gible entity that is primarily liable for payment of 

23 the principal of, or interest on, a Federal credit in24 strument. 

25 (8) PROJECT OBLIGATION.— 
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1 (A) IN GENERAL.—The term ‘‘project obli2 gation’’ means any note, bond, debenture, or 

3 other debt obligation issued by an obligor in con4 nection with the financing of a project. 

5 (B) EXCLUSION.—The term ‘‘project obliga6 tion’’ does not include a Federal credit instru7 ment. 

8 (9) RATING AGENCY.—The term ‘‘rating agency’’ 

9 means a credit rating agency registered with the Se10 curities and Exchange Commission as a nationally 

11 recognized statistical rating organization (as defined 

12 in section 3(a) of the Securities Exchange Act of 1934 

13 (15 U.S.C. 78c(a))). 

14 (10) RURAL WATER INFRASTRUCTURE

15 PROJECT.—The term ‘‘rural water infrastructure 

16 project’’ means a project that— 

17 (A) is described in section 10007; and 

18 (B) is located in a water system that serves 

19 not more than 25,000 individuals. 

20 (11) SECURED LOAN.—The term ‘‘secured loan’’ 

21 means a direct loan or other debt obligation issued by 

22 an obligor and funded by the Secretary in connection 

23 with the financing of a project under section 10010. 

24 (12) STATE.—The term ‘‘State’’ means— 

25 (A) a State; 
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1 (B) the District of Columbia; 

2 (C) the Commonwealth of Puerto Rico; and 

3 (D) any other territory or possession of the 

4 United States. 

5 (13) STATE INFRASTRUCTURE FINANCING AU6 THORITY.—The term ‘‘State infrastructure financing 

7 authority’’ means the State entity established or des8 ignated by the Governor of a State to receive a cap9 italization grant provided by, or otherwise carry out 

10 the requirements of, title VI of the Federal Water Pol11 lution Control Act (33 U.S.C. 1381 et. seq.) or section 

12 1452 of the Safe Drinking Water Act (42 U.S.C. 

13 300j–12). 

14 (14) SUBSIDY AMOUNT.—The term ‘‘subsidy 

15 amount’’ means the amount of budget authority suffi16 cient to cover the estimated long-term cost to the Fed17 eral Government of a Federal credit instrument, as 

18 calculated on a net present value basis, excluding ad19 ministrative costs and any incidental effects on gov20 ernmental receipts or outlays in accordance with the 

21 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et 

22 seq.). 

23 (15) SUBSTANTIAL COMPLETION.—The term 

24 ‘‘substantial completion’’, with respect to a project, 

25 means the earliest date on which a project is consid-
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1 ered to perform the functions for which the project is 

2 designed. 

3 (16) TREATMENT WORKS.—The term ‘‘treatment 

4 works’’ has the meaning given the term in section 212 

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

6 1292). 

7 SEC. 10004. AUTHORITY TO PROVIDE ASSISTANCE. 

8 (a) IN GENERAL.—The Secretary and the Adminis9 trator may provide financial assistance under this title to 

10 carry out pilot projects, which shall be selected to ensure 

11 a diversity of project types and geographical locations. 

12 (b) RESPONSIBILITY.— 

13 (1) SECRETARY.—The Secretary shall carry out 

14 all pilot projects under this title that are eligible 

15 projects under section 10007(1). 

16 (2) ADMINISTRATOR.—The Administrator shall 

17 carry out all pilot projects under this title that are 

18 eligible projects under paragraphs (2), (3), (4), (5), 

19 (6), and (8) of section 10007. 

20 (3) OTHER PROJECTS.—The Secretary or the Ad21 ministrator, as applicable, may carry out eligible 

22 projects under paragraph (7) or (9) of section 10007. 

23 SEC. 10005. APPLICATIONS. 

24 (a) IN GENERAL.—To receive assistance under this 

25 title, an eligible entity shall submit to the Secretary or the 
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1 Administrator, as applicable, an application at such time, 

2 in such manner, and containing such information as the 

3 Secretary or the Administrator may require. 

4 (b) COMBINED PROJECTS.—In the case of an eligible 

5 project described in paragraph (8) or (9) of section 10007, 

6 the Secretary or the Administrator, as applicable, shall re7 quire the eligible entity to submit a single application for 

8 the combined group of projects. 

9 SEC. 10006. ELIGIBLE ENTITIES. 

10 The following entities are eligible to receive assistance 

11 under this title: 

12 (1) A corporation. 

13 (2) A partnership. 

14 (3) A joint venture. 

15 (4) A trust. 

16 (5) A Federal, State, or local governmental enti17 ty, agency, or instrumentality. 

18 (6) A tribal government or consortium of tribal 

19 governments. 

20 (7) A State infrastructure financing authority. 

21 SEC. 10007. PROJECTS ELIGIBLE FOR ASSISTANCE. 

22 The following projects may be carried out with 

23 amounts made available under this title: 

24 (1) A project for flood control or hurricane and 

25 storm damage reduction that the Secretary has deter-
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1 mined is technically sound, economically justified, 

2 and environmentally acceptable, including— 

3 (A) a structural or nonstructural measure 

4 to reduce flood risk, enhance stream flow, or pro5 tect natural resources; and 

6 (B) a levee, dam, tunnel, aqueduct, res7 ervoir, or other related water infrastructure. 

8 (2) 1 or more activities that are eligible for as9 sistance under section 603(c) of the Federal Water 

10 Pollution Control Act (33 U.S.C. 1383(c)), notwith11 standing the public ownership requirement under 

12 paragraph (1) of that subsection. 

13 (3) 1 or more activities described in section 

14 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 

15 300j–12(a)(2)). 

16 (4) A project for enhanced energy efficiency in 

17 the operation of a public water system or a publicly 

18 owned treatment works. 

19 (5) A project for repair, rehabilitation, or re20 placement of a treatment works, community water 

21 system, or aging water distribution or waste collec22 tion facility (including a facility that serves a popu23 lation or community of an Indian reservation). 
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1 (6) A brackish or sea water desalination project, 

2 a managed aquifer recharge project, or a water recy3 cling project. 

4 (7) Acquisition of real property or an interest in 

5 real property— 

6 (A) if the acquisition is integral to a project 

7 described in paragraphs (1) through (6); or 

8 (B) pursuant to an existing plan that, in 

9 the judgment of the Administrator or the Sec10 retary, as applicable, would mitigate the envi11 ronmental impacts of water resources infrastruc12 ture projects otherwise eligible for assistance 

13 under this section. 

14 (8) A combination of projects, each of which is 

15 eligible under paragraph (2) or (3), for which a State 

16 infrastructure financing authority submits to the Ad17 ministrator a single application. 

18 (9) A combination of projects secured by a com19 mon security pledge, each of which is eligible under 

20 paragraph (1), (2), (3), (4), (5), (6), or (7), for which 

21 an eligible entity, or a combination of eligible enti22 ties, submits a single application. 

23 SEC. 10008. ACTIVITIES ELIGIBLE FOR ASSISTANCE. 

24 For purposes of this title, an eligible activity with re25 spect to an eligible project includes the cost of— 
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1 (1) development-phase activities, including plan2 ning, feasibility analysis (including any related anal3 ysis necessary to carry out an eligible project), rev4 enue forecasting, environmental review, permitting, 

5 preliminary engineering and design work, and other 

6 preconstruction activities; 

7 (2) construction, reconstruction, rehabilitation, 

8 and replacement activities; 

9 (3) the acquisition of real property or an interest 

10 in real property (including water rights, land relat11 ing to the project, and improvements to land), envi12 ronmental mitigation (including acquisitions pursu13 ant to section 10007(7)), construction contingencies, 

14 and acquisition of equipment; 

15 (4) capitalized interest necessary to meet market 

16 requirements, reasonably required reserve funds, cap17 ital issuance expenses, and other carrying costs dur18 ing construction; and 

19 (5) refinancing interim construction funding, 

20 long-term project obligations, or a secured loan or 

21 loan guarantee made under this title. 

22 SEC. 10009. DETERMINATION OF ELIGIBILITY AND PROJECT 

23 SELECTION. 

24 (a) ELIGIBILITY REQUIREMENTS.—To be eligible to re25 ceive financial assistance under this title, a project shall 
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1 meet the following criteria, as determined by the Secretary 

2 or Administrator, as applicable: 

3 (1) CREDITWORTHINESS.— 

4 (A) IN GENERAL.—Subject to subparagraph 

5 (B), the project shall be creditworthy, which shall 

6 be determined by the Secretary or the Adminis7 trator, as applicable, who shall ensure that any 

8 financing for the project has appropriate secu9 rity features, such as a rate covenant, to ensure 

10 repayment. 

11 (B) PRELIMINARY RATING OPINION LET12 TER.—The Secretary or the Administrator, as 

13 applicable, shall require each project applicant 

14 to provide a preliminary rating opinion letter 

15 from at least 1 rating agency indicating that the 

16 senior obligations of the project (which may be 

17 the Federal credit instrument) have the potential 

18 to achieve an investment-grade rating. 

19 (C) SPECIAL RULE FOR CERTAIN COMBINED

20 PROJECTS.—The Administrator shall develop a 

21 credit evaluation process for a Federal credit in22 strument provided to a State infrastructure fi23 nancing authority for a project under section 

24 10007(8) or an entity for a project under section 

25 10007(9), which may include requiring the pro-
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1 vision of a preliminary rating opinion letter 

2 from at least 1 rating agency. 

3 (2) ELIGIBLE PROJECT COSTS.— 

4 (A) IN GENERAL.—Subject to subparagraph 

5 (B), the eligible project costs of a project shall be 

6 reasonably anticipated to be not less than 

7 $20,000,000. 

8 (B) RURAL WATER INFRASTRUCTURE

9 PROJECTS.—For rural water infrastructure 

10 projects, the eligible project costs of a project 

11 shall be reasonably anticipated to be not less 

12 than $5,000,000. 

13 (3) DEDICATED REVENUE SOURCES.—The Fed14 eral credit instrument for the project shall be repay15 able, in whole or in part, from dedicated revenue 

16 sources that also secure the project obligations. 

17 (4) PUBLIC SPONSORSHIP OF PRIVATE ENTI18 TIES.—In the case of a project carried out by an enti19 ty that is not a State or local government or an agen20 cy or instrumentality of a State or local government 

21 or a tribal government or consortium of tribal govern22 ments, the project shall be publicly sponsored. 

23 (5) LIMITATION.—No project receiving Federal 

24 credit assistance under this title may be financed or 
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1 refinanced (directly or indirectly), in whole or in 

2 part, with proceeds of any obligation— 

3 (A) the interest on which is exempt from the 

4 tax imposed under chapter 1 of the Internal Rev5 enue Code of 1986; or 

6 (B) with respect to which credit is allowable 

7 under subpart I or J of part IV of subchapter A 

8 of chapter 1 of such Code. 

9 (b) SELECTION CRITERIA.— 

10 (1) ESTABLISHMENT.—The Secretary or the Ad11 ministrator, as applicable, shall establish criteria for 

12 the selection of projects that meet the eligibility re13 quirements of subsection (a), in accordance with 

14 paragraph (2). 

15 (2) CRITERIA.—The selection criteria shall in16 clude the following: 

17 (A) The extent to which the project is na18 tionally or regionally significant, with respect to 

19 the generation of economic and public benefits, 

20 such as— 

21 (i) the reduction of flood risk; 

22 (ii) the improvement of water quality 

23 and quantity, including aquifer recharge; 

24 (iii) the protection of drinking water; 

25 and 
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1 (iv) the support of international com2 merce. 

3 (B) The extent to which the project financ4 ing plan includes public or private financing in 

5 addition to assistance under this title. 

6 (C) The likelihood that assistance under this 

7 title would enable the project to proceed at an 

8 earlier date than the project would otherwise be 

9 able to proceed. 

10 (D) The extent to which the project uses new 

11 or innovative approaches. 

12 (E) The amount of budget authority re13 quired to fund the Federal credit instrument 

14 made available under this title. 

15 (F) The extent to which the project— 

16 (i) protects against extreme weather 

17 events, such as floods or hurricanes; or 

18 (ii) helps maintain or protect the envi19 ronment. 

20 (G) The extent to which a project serves re21 gions with significant energy exploration, devel22 opment, or production areas. 

23 (H) The extent to which a project serves re24 gions with significant water resource challenges, 

25 including the need to address— 
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1 (i) water quality concerns in areas of 

2 regional, national, or international signifi3 cance; 

4 (ii) water quantity concerns related to 

5 groundwater, surface water, or other water 

6 sources; 

7 (iii) significant flood risk; 

8 (iv) water resource challenges identi9 fied in existing regional, State, or 

10 multistate agreements; or 

11 (v) water resources with exceptional 

12 recreational value or ecological importance. 

13 (I) The extent to which assistance under 

14 this title reduces the contribution of Federal as15 sistance to the project. 

16 (3) SPECIAL RULE FOR CERTAIN COMBINED

17 PROJECTS.—For a project described in section 

18 10007(8), the Administrator shall only consider the 

19 criteria described in subparagraphs (B) through (I) of 

20 paragraph (2). 

21 (c) FEDERAL REQUIREMENTS.—Nothing in this sec22 tion supersedes the applicability of other requirements of 

23 Federal law (including regulations). 

24 SEC. 10010. SECURED LOANS. 

25 (a) AGREEMENTS.— 
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1 (1) IN GENERAL.—Subject to paragraphs (2) 

2 through (4), the Secretary or the Administrator, as 

3 applicable, may enter into agreements with 1 or more 

4 obligors to make secured loans, the proceeds of which 

5 shall be used— 

6 (A) to finance eligible project costs of any 

7 project selected under section 10009; 

8 (B) to refinance interim construction fi9 nancing of eligible project costs of any project se10 lected under section 10009; or 

11 (C) to refinance long-term project obliga12 tions or Federal credit instruments, if that refi13 nancing provides additional funding capacity 

14 for the completion, enhancement, or expansion of 

15 any project that— 

16 (i) is selected under section 10009; or 

17 (ii) otherwise meets the requirements of 

18 section 10009. 

19 (2) LIMITATION ON REFINANCING OF INTERIM

20 CONSTRUCTION FINANCING.—A secured loan under 

21 paragraph (1) shall not be used to refinance interim 

22 construction financing under paragraph (1)(B) later 

23 than 1 year after the date of substantial completion 

24 of the applicable project. 
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1 (3) FINANCIAL RISK ASSESSMENT.—Before enter2 ing into an agreement under this subsection for a se3 cured loan, the Secretary or the Administrator, as ap4 plicable, in consultation with the Director of the Of5 fice of Management and Budget and each rating 

6 agency providing a preliminary rating opinion letter 

7 under section 10009(a)(1)(B), shall determine an ap8 propriate capital reserve subsidy amount for the se9 cured loan, taking into account each such prelimi10 nary rating opinion letter. 

11 (4) INVESTMENT-GRADE RATING REQUIRE12 MENT.—The execution of a secured loan under this 

13 section shall be contingent on receipt by the senior ob14 ligations of the project of an investment-grade rating. 

15 (b) TERMS AND LIMITATIONS.— 

16 (1) IN GENERAL.—A secured loan provided for a 

17 project under this section shall be subject to such 

18 terms and conditions, and contain such covenants, 

19 representations, warranties, and requirements (in20 cluding requirements for audits), as the Secretary or 

21 the Administrator, as applicable, determines to be ap22 propriate. 

23 (2) MAXIMUM AMOUNT.—The amount of a se24 cured loan under this section shall not exceed the less25 er of— 
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1 (A) an amount equal to 49 percent of the 

2 reasonably anticipated eligible project costs; and 

3 (B) if the secured loan does not receive an 

4 investment-grade rating, the amount of the sen5 ior project obligations of the project. 

6 (3) PAYMENT.—A secured loan under this sec7 tion— 

8 (A) shall be payable, in whole or in part, 

9 from State or local taxes, user fees, or other dedi10 cated revenue sources that also secure the senior 

11 project obligations of the relevant project; 

12 (B) shall include a rate covenant, coverage 

13 requirement, or similar security feature sup14 porting the project obligations; and 

15 (C) may have a lien on revenues described 

16 in subparagraph (A), subject to any lien secur17 ing project obligations. 

18 (4) INTEREST RATE.—The interest rate on a se19 cured loan under this section shall be not less than the 

20 yield on United States Treasury securities of a simi21 lar maturity to the maturity of the secured loan on 

22 the date of execution of the loan agreement. 

23 (5) MATURITY DATE.— 

24 (A) IN GENERAL.—The final maturity date 

25 of a secured loan under this section shall be not 
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1 later than 35 years after the date of substantial 

2 completion of the relevant project. 

3 (B) SPECIAL RULE FOR STATE INFRASTRUC4 TURE FINANCING AUTHORITIES.—The final ma5 turity date of a secured loan to a State infra6 structure financing authority under this section 

7 shall be not later than 35 years after the date on 

8 which amounts are first disbursed. 

9 (6) NONSUBORDINATION.—A secured loan under 

10 this section shall not be subordinated to the claims of 

11 any holder of project obligations in the event of bank12 ruptcy, insolvency, or liquidation of the obligor of the 

13 project. 

14 (7) FEES.—The Secretary or the Administrator, 

15 as applicable, may establish fees at a level sufficient 

16 to cover all or a portion of the costs to the Federal 

17 Government of making a secured loan under this sec18 tion. 

19 (8) NON-FEDERAL SHARE.—The proceeds of a se20 cured loan under this section may be used to pay any 

21 non-Federal share of project costs required if the loan 

22 is repayable from non-Federal funds. 

23 (9) MAXIMUM FEDERAL INVOLVEMENT.— 

24 (A) IN GENERAL.—Except as provided in 

25 subparagraph (B), for each project for which as-
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1 sistance is provided under this title, the total 

2 amount of Federal assistance shall not exceed 80 

3 percent of the total project cost. 

4 (B) EXCEPTION.—Subparagraph (A) shall 

5 not apply to any rural water project— 

6 (i) that is authorized to be carried out 

7 by the Secretary of the Interior; 

8 (ii) that includes among its bene9 ficiaries a federally recognized Indian tribe; 

10 and 

11 (iii) for which the authorized Federal 

12 share of the total project costs is greater 

13 than the amount described in subparagraph 

14 (A). 

15 (c) REPAYMENT.— 

16 (1) SCHEDULE.—The Secretary or the Adminis17 trator, as applicable, shall establish a repayment 

18 schedule for each secured loan provided under this sec19 tion, based on the projected cash flow from project 

20 revenues and other repayment sources. 

21 (2) COMMENCEMENT.— 

22 (A) IN GENERAL.—Scheduled loan repay23 ments of principal or interest on a secured loan 

24 under this section shall commence not later than 
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1 5 years after the date of substantial completion 

2 of the project. 

3 (B) SPECIAL RULE FOR STATE INFRASTRUC4 TURE FINANCING AUTHORITIES.—Scheduled loan 

5 repayments of principal or interest on a secured 

6 loan to a State infrastructure financing author7 ity under this title shall commence not later 

8 than 5 years after the date on which amounts 

9 are first disbursed. 

10 (3) DEFERRED PAYMENTS.— 

11 (A) AUTHORIZATION.—If, at any time after 

12 the date of substantial completion of a project for 

13 which a secured loan is provided under this sec14 tion, the project is unable to generate sufficient 

15 revenues to pay the scheduled loan repayments of 

16 principal and interest on the secured loan, the 

17 Secretary or the Administrator, as applicable, 

18 subject to subparagraph (C), may allow the obli19 gor to add unpaid principal and interest to the 

20 outstanding balance of the secured loan. 

21 (B) INTEREST.—Any payment deferred 

22 under subparagraph (A) shall— 

23 (i) continue to accrue interest in ac24 cordance with subsection (b)(4) until fully 

25 repaid; and 
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1 (ii) be scheduled to be amortized over 

2 the remaining term of the secured loan. 

3 (C) CRITERIA.— 

4 (i) IN GENERAL.—Any payment defer5 ral under subparagraph (A) shall be contin6 gent on the project meeting such criteria as 

7 the Secretary or the Administrator, as ap8 plicable, may establish. 

9 (ii) REPAYMENT STANDARDS.—The 

10 criteria established under clause (i) shall 

11 include standards for reasonable assurance 

12 of repayment. 

13 (4) PREPAYMENT.— 

14 (A) USE OF EXCESS REVENUES.—Any ex15 cess revenues that remain after satisfying sched16 uled debt service requirements on the project obli17 gations and secured loan and all deposit require18 ments under the terms of any trust agreement, 

19 bond resolution, or similar agreement securing 

20 project obligations may be applied annually to 

21 prepay a secured loan under this section without 

22 penalty. 

23 (B) USE OF PROCEEDS OF REFINANCING.— 

24 A secured loan under this section may be pre25 paid at any time without penalty from the pro-
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1 ceeds of refinancing from non-Federal funding 

2 sources. 

3 (d) SALE OF SECURED LOANS.— 

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

5 soon as practicable after the date of substantial com6 pletion of a project and after providing a notice to the 

7 obligor, the Secretary or the Administrator, as appli8 cable, may sell to another entity or reoffer into the 

9 capital markets a secured loan for a project under 

10 this section, if the Secretary or the Administrator, as 

11 applicable, determines that the sale or reoffering can 

12 be made on favorable terms. 

13 (2) CONSENT OF OBLIGOR.—In making a sale or 

14 reoffering under paragraph (1), the Secretary or the 

15 Administrator, as applicable, may not change the 

16 original terms and conditions of the secured loan 

17 without the written consent of the obligor. 

18 (e) LOAN GUARANTEES.— 

19 (1) IN GENERAL.—The Secretary or the Admin20 istrator, as applicable, may provide a loan guarantee 

21 to a lender in lieu of making a secured loan under 

22 this section, if the Secretary or the Administrator, as 

23 applicable, determines that the budgetary cost of the 

24 loan guarantee is substantially the same as that of a 

25 secured loan. 
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1 (2) TERMS.—The terms of a loan guarantee pro2 vided under this subsection shall be consistent with 

3 the terms established in this section for a secured 

4 loan, except that the rate on the guaranteed loan and 

5 any prepayment features shall be negotiated between 

6 the obligor and the lender, with the consent of the Sec7 retary or the Administrator, as applicable. 

8 SEC. 10011. PROGRAM ADMINISTRATION. 

9 (a) REQUIREMENT.—The Secretary or the Adminis10 trator, as applicable, shall establish a uniform system to 

11 service the Federal credit instruments made available under 

12 this title. 

13 (b) FEES.— 

14 (1) IN GENERAL.—The Secretary or the Admin15 istrator, as applicable, may collect and spend fees, 

16 contingent on authority being provided in appropria17 tions Acts, at a level that is sufficient to cover— 

18 (A) the costs of services of expert firms re19 tained pursuant to subsection (d); and 

20 (B) all or a portion of the costs to the Fed21 eral Government of servicing the Federal credit 

22 instruments provided under this title. 

23 (c) SERVICER.— 

24 (1) IN GENERAL.—The Secretary or the Admin25 istrator, as applicable, may appoint a financial enti-
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1 ty to assist the Secretary or the Administrator in 

2 servicing the Federal credit instruments provided 

3 under this title. 

4 (2) DUTIES.—A servicer appointed under para5 graph (1) shall act as the agent for the Secretary or 

6 the Administrator, as applicable. 

7 (3) FEE.—A servicer appointed under para8 graph (1) shall receive a servicing fee, subject to ap9 proval by the Secretary or the Administrator, as ap10 plicable. 

11 (d) ASSISTANCE FROM EXPERTS.—The Secretary or 

12 the Administrator, as applicable, may retain the services, 

13 including counsel, of organizations and entities with exper14 tise in the field of municipal and project finance to assist 

15 in the underwriting and servicing of Federal credit instru16 ments provided under this title. 

17 (e) APPLICABILITY OF OTHER LAWS.—Section 513 of 

18 the Federal Water Pollution Control Act (33 U.S.C. 1372) 

19 applies to the construction of a project carried out, in whole 

20 or in part, with assistance made available through a Fed21 eral credit instrument under this title in the same manner 

22 that section applies to a treatment works for which a grant 

23 is made available under that Act. 
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1 SEC. 10012. STATE, TRIBAL, AND LOCAL PERMITS. 

2 The provision of financial assistance for project under 

3 this title shall not— 

4 (1) relieve any recipient of the assistance of any 

5 obligation to obtain any required State, local, or trib6 al permit or approval with respect to the project; 

7 (2) limit the right of any unit of State, local, or 

8 tribal government to approve or regulate any rate of 

9 return on private equity invested in the project; or 

10 (3) otherwise supersede any State, local, or tribal 

11 law (including any regulation) applicable to the con12 struction or operation of the project. 

13 SEC. 10013. REGULATIONS. 

14 The Secretary or the Administrator, as applicable, 

15 may promulgate such regulations as the Secretary or Ad16 ministrator determines to be appropriate to carry out this 

17 title. 

18 SEC. 10014. FUNDING. 

19 (a) IN GENERAL.—There is authorized to be appro20 priated to each of the Secretary and the Administrator to 

21 carry out this title $50,000,000 for each of fiscal years 2014 

22 through 2018, to remain available until expended. 

23 (b) ADMINISTRATIVE COSTS.—Of the funds made 

24 available to carry out this title, the Secretary or the Admin25 istrator, as applicable, may use for the administration of 

26 this title, including for the provision of technical assistance 
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1 to aid project sponsors in obtaining the necessary approvals 

2 for the project, not more than $2,200,000 for each of fiscal 

3 years 2014 through 2018. 

4 SEC. 10015. REPORT TO CONGRESS. 

5 Not later than 2 years after the date of enactment of 

6 this Act, and every 2 years thereafter, the Secretary or the 

7 Administrator, as applicable, shall submit to the Committee 

8 on Environment and Public Works of the Senate and the 

9 Committee on Transportation and Infrastructure of the 

10 House of Representatives a report summarizing for the 

11 projects that are receiving, or have received, assistance 

12 under this title— 

13 (1) the financial performance of those projects, 

14 including a recommendation as to whether the objec15 tives of this title are being met; and 

16 (2) the public benefit provided by those projects, 

17 including, as applicable, water quality and water 

18 quantity improvement, the protection of drinking 

19 water, and the reduction of flood risk. 

20 SEC. 10016. USE OF AMERICAN IRON, STEEL, AND MANUFAC21 TURED GOODS. 

22 (a) IN GENERAL.—Except as provided in subsection 

23 (b), none of the amounts made available under this Act may 

24 be used for the construction, alteration, maintenance, or re25 pair of a project eligible for assistance under this title un-
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1 less all of the iron, steel, and manufactured goods used in 

2 the project are produced in the United States. 

3 (b) EXCEPTION.—Subsection (a) shall not apply in 

4 any case or category of cases in which the Secretary finds 

5 that— 

6 (1) applying subsection (a) would be inconsistent 

7 with the public interest; 

8 (2) iron, steel, and the relevant manufactured 

9 goods are not produced in the United States in suffi10 cient and reasonably available quantities and of a 

11 satisfactory quality; or 

12 (3) inclusion of iron, steel, and manufactured 

13 goods produced in the United States will increase the 

14 cost of the overall project by more than 25 percent. 

15 (c) PUBLIC NOTICE.—If the Secretary determines that 

16 it is necessary to waive the application of subsection (a) 

17 based on a finding under subsection (b), the Secretary shall 

18 publish in the Federal Register a detailed written justifica19 tion as to why the provision is being waived. 

20 (d) INTERNATIONAL AGREEMENTS.—This section shall 

21 be applied in a manner consistent with United States obli22 gations under international agreements. 
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1 TITLE XI—EXTREME WEATHER 

2 SEC. 11001. DEFINITION OF RESILIENT CONSTRUCTION 

3 TECHNIQUE. 

4 In this title, the term ‘‘resilient construction tech5 nique’’ means a construction method that— 

6 (1) allows a property— 

7 (A) to resist hazards brought on by a major 

8 disaster; and 

9 (B) to continue to provide the primary 

10 functions of the property after a major disaster; 

11 (2) reduces the magnitude or duration of a dis12 ruptive event to a property; and 

13 (3) has the absorptive capacity, adaptive capac14 ity, and recoverability to withstand a potentially dis15 ruptive event. 

16 SEC. 11002. STUDY ON RISK REDUCTION. 

17 (a) IN GENERAL.—Not later than 18 months after the 

18 date of enactment of this Act, the Secretary, in coordination 

19 with the Secretary of the Interior and the Secretary of Com20 merce, shall enter into an arrangement with the National 

21 Academy of Sciences to carry out a study and make rec22 ommendations relating to infrastructure and coastal res23 toration options for reducing risk to human life and prop24 erty from extreme weather events, such as hurricanes, coast25 al storms, and inland flooding. 
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1 (b) CONSIDERATIONS.—The study under subsection (a) 

2 shall include— 

3 (1) an analysis of strategies and water resources 

4 projects, including authorized water resources projects 

5 that have not yet been constructed, and other projects 

6 implemented in the United States and worldwide to 

7 respond to risk associated with extreme weather 

8 events; 

9 (2) an analysis of— 

10 (A) historical extreme weather events; 

11 (B) the ability of existing infrastructure to 

12 mitigate risks associated with extreme weather 

13 events; and 

14 (C) the reduction in long-term costs and 

15 vulnerability to infrastructure through the use of 

16 resilient construction techniques. 

17 (3) identification of proven, science-based ap18 proaches and mechanisms for ecosystem protection 

19 and identification of natural resources likely to have 

20 the greatest need for protection, restoration, and con21 servation so that the infrastructure and restoration 

22 projects can continue safeguarding the communities 

23 in, and sustaining the economy of, the United States; 
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1 (4) an estimation of the funding necessary to im2 prove infrastructure in the United States to reduce 

3 risk associated with extreme weather events; 

4 (5) an analysis of the adequacy of current fund5 ing sources and the identification of potential new 

6 funding sources to finance the necessary infrastruc7 ture improvements referred to in paragraph (3); and 

8 (6) an analysis of the Federal, State, and local 

9 costs of natural disasters and the potential cost-sav10 ings associated with implementing mitigation meas11 ures. 

12 (c) COORDINATION.—The National Academy of 

13 Sciences may cooperate with the National Academy of Pub14 lic Administration to carry out 1 or more aspects of the 

15 study under subsection (a). 

16 (d) PUBLICATION.—Not later than 30 days after com17 pletion of the study under subsection (a), the National 

18 Academy of Sciences shall— 

19 (1) submit a copy of the study to the Committee 

20 on Environment and Public Works of the Senate and 

21 the Committee on Transportation and Infrastructure 

22 of the House of Representatives; and 

23 (2) make a copy of the study available on a pub24 licly accessible Internet site. 
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1 SEC. 11003. GAO STUDY ON MANAGEMENT OF FLOOD, 

2 DROUGHT, AND STORM DAMAGE. 

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

4 of enactment of this Act, the Comptroller General shall sub5 mit to the Committee on Environment and Public Works 

6 of the Senate and the Committee on Transportation and 

7 Infrastructure of the House of Representatives a study of 

8 the strategies used by the Corps of Engineers for the com9 prehensive management of water resources in response to 

10 floods, storms, and droughts, including an historical review 

11 of the ability of the Corps of Engineers to manage and re12 spond to historical drought, storm, and flood events. 

13 (b) CONSIDERATIONS.—The study under subsection (a) 

14 shall address— 

15 (1) the extent to which existing water manage16 ment activities of the Corps of Engineers can better 

17 meet the goal of addressing future flooding, drought, 

18 and storm damage risks, which shall include analysis 

19 of all historical extreme weather events that have been 

20 recorded during the previous 5 centuries as well as in 

21 the geological record; 

22 (2) whether existing water resources projects 

23 built or maintained by the Corps of Engineers, in24 cluding dams, levees, floodwalls, flood gates, and other 

25 appurtenant infrastructure were designed to ade26 quately address flood, storm, and drought impacts 
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1 and the extent to which the water resources projects 

2 have been successful at addressing those impacts; 

3 (3) any recommendations for approaches for re4 pairing, rebuilding, or restoring infrastructure, land, 

5 and natural resources that consider the risks and 

6 vulnerabilities associated with past and future ex7 treme weather events; 

8 (4) whether a reevaluation of existing manage9 ment approaches of the Corps of Engineers could re10 sult in greater efficiencies in water management and 

11 project delivery that would enable the Corps of Engi12 neers to better prepare for, contain, and respond to 

13 flood, storm, and drought conditions; 

14 (5) any recommendations for improving the 

15 planning processes of the Corps of Engineers to pro16 vide opportunities for comprehensive management of 

17 water resources that increases efficiency and improves 

18 response to flood, storm, and drought conditions; 

19 (6) any recommendations on the use of resilient 

20 construction techniques to reduce future vulnerability 

21 from flood, storm, and drought conditions; and 

22 (7) any recommendations for improving ap23 proaches to rebuilding or restoring infrastructure and 

24 natural resources that contribute to risk reduction, 
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1 such as coastal wetlands, to prepare for flood and 

2 drought. 

3 SEC. 11004. POST-DISASTER WATERSHED ASSESSMENTS. 

4 (a) WATERSHED ASSESSMENTS.— 

5 (1) IN GENERAL.—In an area that the President 

6 has declared a major disaster in accordance with sec7 tion 401 of the Robert T. Stafford Disaster Relief and 

8 Emergency Assistance Act (42 U.S.C. 5170), the Sec9 retary may carry out a watershed assessment to iden10 tify, to the maximum extent practicable, specific flood 

11 risk reduction, hurricane and storm damage reduc12 tion, ecosystem restoration, or navigation project rec13 ommendations that will help to rehabilitate and im14 prove the resiliency of damaged infrastructure and 

15 natural resources to reduce risks to human life and 

16 property from future natural disasters. 

17 (2) EXISTING PROJECTS.—A watershed assess18 ment carried out paragraph (1) may identify existing 

19 projects being carried out under 1 or more of the au20 thorities referred to in subsection (b) (1). 

21 (3) DUPLICATE WATERSHED ASSESSMENTS.—In 

22 carrying out a watershed assessment under paragraph 

23 (1), the Secretary shall use all existing watershed as24 sessments and related information developed by the 

25 Secretary or other Federal, State, or local entities. 
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1 (b) PROJECTS.— 

2 (1) IN GENERAL.—The Secretary may carry out 

3 1 or more small projects identified in a watershed as4 sessment under subsection (a) that the Secretary 

5 would otherwise be authorized to carry out under— 

6 (A) section 205 of the Flood Control Act of 

7 1948 (33 U.S.C. 701s); 

8 (B) section 111 of the River and Harbor 

9 Act of 1968 (33 U.S.C. 426i); 

10 (C) section 206 of the Water Resources De11 velopment Act of 1996 (33 U.S.C. 2330); 

12 (D) section 1135 of the Water Resources De13 velopment Act of 1986 (33 U.S.C. 2309a); 

14 (E) section 107 of the River and Harbor 

15 Act of 1960 (33 U.S.C. 577); or 

16 (F) section 3 of the Act of August 13, 1946 

17 (33 U.S.C. 426g). 

18 (2) EXISTING PROJECTS.—In carrying out a 

19 project under paragraph (1), the Secretary shall— 

20 (A) to the maximum extent practicable, use 

21 all existing information and studies available for 

22 the project; and 

23 (B) not require any element of a study com24 pleted for the project prior to the disaster to be 

25 repeated. 
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1 (c) REQUIREMENTS.—All requirements applicable to a 

2 project under the Acts described in subsection (b) shall 

3 apply to the project. 

4 (d) LIMITATIONS ON ASSESSMENTS.— 

5 (1) IN GENERAL.—A watershed assessment under 

6 subsection (a) shall be initiated not later than 2 years 

7 after the date on which the major disaster declaration 

8 is issued. 

9 (2) FEDERAL SHARE.—The Federal share of the 

10 cost of carrying out a watershed assessment under 

11 subsection (a) shall not exceed $1,000,000. 

12 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to carry out this section 

14 $25,000,000 for each of fiscal years 2014 through 2018. 

15 SEC. 11005. AUTHORITY TO ACCEPT AND EXPEND NON-FED16 ERAL AMOUNTS. 

17 The Secretary is authorized to accept and expend 

18 amounts provided by non-Federal interests for the purpose 

19 of repairing, restoring, or replacing water resources projects 

20 that have been damaged or destroyed as a result of a major 

21 disaster or other emergency if the Secretary determines that 

22 the acceptance and expenditure of those amounts is in the 

23 public interest. 
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1 TITLE XII—NATIONAL 

2 ENDOWMENT FOR THE OCEANS 

3 SEC. 12001. SHORT TITLE. 

4 This title may be cited as the ‘‘National Endowment 

5 for the Oceans Act’’. 

6 SEC. 12002. PURPOSES. 

7 The purposes of this title are to protect, conserve, re8 store, and understand the oceans, coasts, and Great Lakes 

9 of the United States, ensuring present and future genera10 tions will benefit from the full range of ecological, economic, 

11 educational, social, cultural, nutritional, and recreational 

12 opportunities and services these resources are capable of 

13 providing. 

14 SEC. 12003. DEFINITIONS. 

15 In this title: 

16 (1) COASTAL SHORELINE COUNTY.—The term 

17 ‘‘coastal shoreline county’’ has the meaning given the 

18 term by the Administrator of the Federal Emergency 

19 Management Agency for purposes of administering 

20 the National Flood Insurance Act of 1968 (42 U.S.C. 

21 4001 et seq.). 

22 (2) COASTAL STATE.—The term ‘‘coastal State’’ 

23 has the meaning given the term ‘‘coastal state’’ in sec24 tion 304 of the Coastal Zone Management Act of 1972 

25 (16 U.S.C. 1453). 
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1 (3) CORPUS.—The term ‘‘corpus’’, with respect 

2 to the Endowment fund, means an amount equal to 

3 the Federal payments to such fund, amounts contrib4 uted to the fund from non-Federal sources, and appre5 ciation from capital gains and reinvestment of in6 come. 

7 (4) ENDOWMENT.—The term ‘‘Endowment’’ 

8 means the endowment established under subsection 

9 (a). 

10 (5) ENDOWMENT FUND.—The term ‘‘Endowment 

11 fund’’ means a fund, or a tax-exempt foundation, es12 tablished and maintained pursuant to this title by the 

13 Foundation for the purposes described in section 

14 12004(a). 

15 (6) FOUNDATION.—The term ‘‘Foundation’’ 

16 means the National Fish and Wildlife Foundation es17 tablished by section 2(a) of the National Fish and 

18 Wildlife Foundation Establishment Act (16 U.S.C. 

19 3701(a)). 

20 (7) INCOME.—The term ‘‘income’’, with respect 

21 to the Endowment fund, means an amount equal to 

22 the dividends and interest accruing from investments 

23 of the corpus of such fund. 

24 (8) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 

25 the meaning given that term in section 4 of the In-
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1 dian Self-Determination and Education Assistance 

2 Act (25 U.S.C. 450b). 

3 (9) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Commerce. 

5 (10) TIDAL SHORELINE.—The term ‘‘tidal shore6 line’’ has the meaning given that term pursuant to 

7 section 923.110(c)(2)(i) of title 15, Code of Federal 

8 Regulations, or a similar successor regulation. 

9 SEC. 12004. NATIONAL ENDOWMENT FOR THE OCEANS. 

10 (a) ESTABLISHMENT.—The Secretary and the Founda11 tion are authorized to establish the National Endowment 

12 for the Oceans as a permanent Endowment fund, in accord13 ance with this section, to further the purposes of this title 

14 and to support the programs established under this title. 

15 (b) AGREEMENTS.—The Secretary and the Foundation 

16 may enter into such agreements as may be necessary to 

17 carry out the purposes of this title. 

18 (c) DEPOSITS.—There shall be deposited in the Fund, 

19 which shall constitute the assets of the Fund, amounts as 

20 follows: 

21 (1) Amounts appropriated or otherwise made 

22 available to carry out this title. 

23 (2) Amounts earned through investment under 

24 subsection (d). 
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1 (d) INVESTMENTS.—The Foundation shall invest the 

2 Endowment fund corpus and income for the benefit of the 

3 Endowment. 

4 (e) REQUIREMENTS.—Any amounts received by the 

5 Foundation pursuant to this title shall be subject to the pro6 visions of the National Fish and Wildlife Establishment Act 

7 (16 U.S.C. 3701 et seq.), except the provisions of section 

8 10(a) of that Act (16 U.S.C. 3709(a)). 

9 (f) WITHDRAWALS AND EXPENDITURES.— 

10 (1) ALLOCATION OF FUNDS.—Each fiscal year, 

11 the Foundation shall, in consultation with the Sec12 retary, allocate an amount equal to not less than 3 

13 percent and not more than 7 percent of the corpus of 

14 the Endowment fund and the income generated from 

15 the Endowment fund from the current fiscal year. 

16 (2) EXPENDITURE.—Except as provided in 

17 paragraph (3), of the amounts allocated under para18 graph (1) for each fiscal year— 

19 (A) at least 59 percent shall be used by the 

20 Foundation to award grants to coastal States 

21 under section 12006(b); 

22 (B) at least 39 percent shall be allocated by 

23 the Foundation to award grants under section 

24 12006(c); and 
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1 (C) no more than 2 percent may be used by 

2 the Secretary and the Foundation for adminis3 trative expenses to carry out this title, which 

4 amount shall be divided between the Secretary 

5 and the Foundation pursuant to an agreement 

6 reached and documented by both the Secretary 

7 and the Foundation. 

8 (3) PROGRAM ADJUSTMENTS.— 

9 (A) IN GENERAL.—In any fiscal year in 

10 which the amount described in subparagraph (B) 

11 is less than $100,000,000, the Foundation, in 

12 consultation with the Secretary, may elect not to 

13 use any of the amounts allocated under para14 graph (1) for that fiscal year to award grants 

15 under section 12006(b). 

16 (B) DETERMINATION AMOUNT.—The 

17 amount described in this subparagraph for a fis18 cal year is the amount that is equal to the sum 

19 of— 

20 (i) the amount that is 5 percent of the 

21 corpus of the Endowment fund; and 

22 (ii) the aggregate amount of income the 

23 Foundation expects to be generated from the 

24 Endowment fund in that fiscal year. 
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1 (g) RECOVERY OF PAYMENTS.—After notice and an 

2 opportunity for a hearing, the Secretary is authorized to 

3 recover any Federal payments under this section if the 

4 Foundation— 

5 (1) makes a withdrawal or expenditure of the 

6 corpus of the Endowment fund or the income of the 

7 Endowment fund that is not consistent with the re8 quirements of section 12005; or 

9 (2) fails to comply with a procedure, measure, 

10 method, or standard established under section 

11 12006(a)(1). 

12 SEC. 12005. ELIGIBLE USES. 

13 (a) IN GENERAL.—Amounts in the Endowment may 

14 be allocated by the Foundation to support programs and 

15 activities intended to restore, protect, maintain, or under16 stand living marine resources and their habitats and ocean, 

17 coastal, and Great Lakes resources, including baseline sci18 entific research, ocean observing, and other programs and 

19 activities carried out in coordination with Federal and 

20 State departments or agencies, that are consistent with Fed21 eral environmental laws and that avoid environmental deg22 radation, including the following: 

23 (1) Ocean, coastal, and Great Lakes restoration 

24 and protection, including the protection of the envi25 ronmental integrity of such areas, and their related 
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1 watersheds, including efforts to mitigate potential im2 pacts of sea level change, changes in ocean chemistry, 

3 and changes in ocean temperature. 

4 (2) Restoration, protection, or maintenance of 

5 living ocean, coastal, and Great Lakes resources and 

6 their habitats, including marine protected areas and 

7 riparian migratory habitat of coastal and marine 

8 species. 

9 (3) Planning for and managing coastal develop10 ment to enhance ecosystem integrity or minimize im11 pacts from sea level change and coastal erosion. 

12 (4) Analyses of current and anticipated impacts 

13 of ocean acidification and assessment of potential ac14 tions to minimize harm to ocean, coastal, and Great 

15 Lakes ecosystems. 

16 (5) Analyses of, and planning for, current and 

17 anticipated uses of ocean, coastal, and Great Lakes 

18 areas. 

19 (6) Regional, subregional, or site-specific man20 agement efforts designed to manage, protect, or restore 

21 ocean, coastal, and Great Lakes resources and eco22 systems. 

23 (7) Research, assessment, monitoring, observa24 tion, modeling, and sharing of scientific information 

25 that contribute to the understanding of ocean, coastal, 
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1 and Great Lakes ecosystems and support the purposes 

2 of this title. 

3 (8) Efforts to understand better the processes that 

4 govern the fate and transport of petroleum hydro5 carbons released into the marine environment from 

6 natural and anthropogenic sources, including spills. 

7 (9) Efforts to improve spill response and pre8 paredness technologies. 

9 (10) Acquiring property or interests in property 

10 in coastal and estuarine areas, if such property or in11 terest is acquired in a manner that will ensure such 

12 property or interest will be administered to support 

13 the purposes of this title. 

14 (11) Protection and relocation of critical coastal 

15 public infrastructure affected by erosion or sea level 

16 change. 

17 (b) MATCHING REQUIREMENT.—An amount from the 

18 Endowment may not be allocated to fund a project or activ19 ity described in paragraph (10) or (11) of subsection (a) 

20 unless non-Federal contributions in an amount equal to 30 

21 percent or more of the cost of such project or activity is 

22 made available to carry out such project or activity. 

23 (c) CONSIDERATIONS FOR GREAT LAKES STATES.— 

24 Programs and activities funded in Great Lakes States shall 

25 also seek to attain the goals embodied in the Great Lakes 
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1 Restoration Initiative Plan, the Great Lakes Regional Col2 laboration Strategy, the Great Lakes Water Quality Agree3 ment, or other collaborative planning efforts of the Great 

4 Lakes Region. 

5 (d) PROHIBITION ON USE OF FUNDS FOR LITIGA6 TION.—No funds made available under this title may be 

7 used to fund litigation over any matter. 

8 SEC. 12006. GRANTS. 

9 (a) ADMINISTRATION OF GRANTS.— 

10 (1) IN GENERAL.—Not later than 90 days after 

11 the date of the enactment of this Act, the Foundation 

12 shall establish the following: 

13 (A) Application and review procedures for 

14 the awarding of grants under this section, in15 cluding requirements ensuring that any amounts 

16 awarded under such subsections may only be 

17 used for an eligible use described under section 

18 12005. 

19 (B) Approval procedures for the awarding 

20 of grants under this section that require con21 sultation with the Secretary of Commerce and 

22 the Secretary of the Interior. 

23 (C) Eligibility criteria for awarding 

24 grants— 
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1 (i) under subsection (b) to coastal 

2 States; and 

3 (ii) under subsection (c) to entities in4 cluding States, Indian tribes, regional bod5 ies, associations, non-governmental organi6 zations, and academic institutions. 

7 (D) Performance accountability and moni8 toring measures for programs and activities 

9 funded by a grant awarded under subsection (b) 

10 or (c). 

11 (E) Procedures and methods to ensure accu12 rate accounting and appropriate administration 

13 grants awarded under this section, including 

14 standards of record keeping. 

15 (F) Procedures to carry out audits of the 

16 Endowment as necessary, but not less frequently 

17 than once every 5 years. 

18 (G) Procedures to carry out audits of the re19 cipients of grants under this section. 

20 (2) APPROVAL PROCEDURES.— 

21 (A) SUBMITTAL.—The Foundation shall 

22 submit to the Secretary each procedure, measure, 

23 method, and standard established under para24 graph (1). 
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1 (B) DETERMINATION AND NOTICE.—Not 

2 later than 90 days after receiving the procedures, 

3 measures, methods, and standards under sub4 paragraph (A), the Secretary shall— 

5 (i) determine whether to approve or 

6 disapprove of such procedures, measures, 

7 methods, and standards; and 

8 (ii) notify the Foundation of such de9 termination. 

10 (C) JUSTIFICATION OF DISAPPROVAL.—If 

11 the Secretary disapproves of the procedures, 

12 measures, methods, and standards under sub13 paragraph (B), the Secretary shall include in 

14 notice submitted under clause (ii) of such sub15 paragraph the rationale for such disapproval. 

16 (D) RESUBMITTAL.—Not later than 30 days 

17 after the Foundation receives notification under 

18 subparagraph (B)(ii) that the Secretary has dis19 approved the procedures, measures, methods, and 

20 standards, the Foundation shall revise such pro21 cedures, measures, methods, and standards and 

22 submit such revised procedures, measures, meth23 ods, and standards to the Secretary. 

24 (E) REVIEW OF RESUBMITTAL.—Not later 

25 than 30 days after receiving revised procedures, 
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1 measures, methods, and standards resubmitted 

2 under subparagraph (D), the Secretary shall— 

3 (i) determine whether to approve or 

4 disapprove the revised procedures, measures, 

5 methods, and standards; and 

6 (ii) notify the Foundation of such de7 termination. 

8 (b) GRANTS TO COASTAL STATES.— 

9 (1) IN GENERAL.—Subject to paragraphs (3) and 

10 (4), the Foundation shall award grants of amounts 

11 allocated under section 12004(e)(2)(A) to eligible 

12 coastal States, based on the following formula: 

13 (A) Fifty percent of the funds are allocated 

14 equally among eligible coastal States. 

15 (B) Twenty-five percent of the funds are al16 located on the basis of the ratio of tidal shoreline 

17 miles in a coastal State to the tidal shoreline 

18 miles of all coastal States. 

19 (C) Twenty-five percent of the funds are al20 located on the basis of the ratio of population 

21 density of the coastal shoreline counties of a 

22 coastal State to the population density of all 

23 coastal shoreline counties. 

24 (2) ELIGIBLE COASTAL STATES.—For purposes 

25 of paragraph (1), an eligible coastal State includes— 
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1 (A) a coastal State that has a coastal man2 agement program approved under the Coastal 

3 Zone Management Act of 1972 (16 U.S.C. 1451 

4 et seq.); and 

5 (B) during the period beginning on the date 

6 of the enactment of this Act and ending on De7 cember 31, 2018, a coastal State that had, dur8 ing the period beginning January 1, 2008, and 

9 ending on the date of the enactment of this Act, 

10 a coastal management program approved as de11 scribed in subparagraph (A). 

12 (3) MAXIMUM ALLOCATION TO STATES.—Not13 withstanding paragraph (1), not more than 10 per14 cent of the total funds distributed under this sub15 section may be allocated to any single State. Any 

16 amount exceeding this limit shall be redistributed 

17 among the remaining States according to the formula 

18 established under paragraph (1). 

19 (4) MAXIMUM ALLOCATION TO CERTAIN GEO20 GRAPHIC AREAS.— 

21 (A) IN GENERAL.—Notwithstanding para22 graph (1), each geographic area described in sub23 paragraph (B) may not receive more than 1 per24 cent of the total funds distributed under this sub25 section. Any amount exceeding this limit shall be 
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1 redistributed among the remaining States ac2 cording to the formula established under para3 graph (1). 

4 (B) GEOGRAPHIC AREAS DESCRIBED.—The 

5 geographic areas described in this subparagraph 

6 are the following: 

7 (i) American Samoa. 

8 (ii) The Commonwealth of the North9 ern Mariana Islands. 

10 (iii) Guam. 

11 (iv) Puerto Rico. 

12 (v) The Virgin Islands. 

13 (5) REQUIREMENT TO SUBMIT PLANS.— 

14 (A) IN GENERAL.—To be eligible to receive 

15 a grant under this subsection, a coastal State 

16 shall submit to the Secretary, and the Secretary 

17 shall review, a 5-year plan, which shall include 

18 the following: 

19 (i) A prioritized list of goals the coast20 al State intends to achieve during the time 

21 period covered by the 5-year plan. 

22 (ii) Identification and general descrip23 tions of existing State projects or activities 

24 that contribute to realization of such goals, 
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1 including a description of the entities con2 ducting those projects or activities. 

3 (iii) General descriptions of projects or 

4 activities, consistent with the eligible uses 

5 described in section 12005, applicable provi6 sions of law relating to the environment, 

7 and existing Federal ocean policy, that 

8 could contribute to realization of such goals. 

9 (iv) Criteria to determine eligibility 

10 for entities which may receive grants under 

11 this subsection. 

12 (v) A description of the competitive 

13 process the coastal State will use in allo14 cating funds received from the Endowment, 

15 except in the case of allocating funds under 

16 paragraph (7), which shall include— 

17 (I) a description of the relative 

18 roles in the State competitive process of 

19 the State coastal zone management 

20 program approved under the Coastal 

21 Zone Management Act of 1972 (16 

22 U.S.C. 1451 et seq.) and any State Sea 

23 Grant Program; and 

24 (II) a demonstration that such 

25 competitive process is consistent with 
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1 the application and review procedures 

2 established by the Foundation under 

3 subsection (a)(1). 

4 (B) UPDATES.—As a condition of receiving 

5 a grant under this subsection, a coastal State 

6 shall submit to the Secretary, not less frequently 

7 than once every 5 years, an update to the plan 

8 submitted by the coastal State under subpara9 graph (A) for the 5-year period immediately fol10 lowing the most recent submittal under this 

11 paragraph. 

12 (6) OPPORTUNITY FOR PUBLIC COMMENT.—In 

13 determining whether to approve a plan or an update 

14 to a plan described in subparagraph (A) or (B) of 

15 paragraph (5), the Secretary shall provide the oppor16 tunity for, and take into consideration, public input 

17 and comment on the plan. 

18 (7) APPROVAL PROCEDURE.— 

19 (A) IN GENERAL.—Not later than 30 days 

20 after the opportunity for public comment on a 

21 plan or an update to a plan of a coastal State 

22 under paragraph (6), the Secretary shall notify 

23 such coastal State that the Secretary— 

24 (i) approves the plan as submitted; or 

25 (ii) disapproves the plan as submitted. 
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1 (B) DISAPPROVAL.—If the Secretary dis2 approves a proposed plan or an update of a plan 

3 submitted under subparagraph (A) or (B) of 

4 paragraph (5), the Secretary shall provide notice 

5 of such disapproval to the submitting coastal 

6 State in writing, and include in such notice the 

7 rationale for the Secretary’s decision. 

8 (C) RESUBMITTAL.—If the Secretary dis9 approves a plan of a coastal State under sub10 paragraph (A), the coastal State shall resubmit 

11 the plan to the Secretary not later than 30 days 

12 after receiving the notice of disapproval under 

13 subparagraph (B). 

14 (D) REVIEW OF RESUBMITTAL.—Not later 

15 than 60 days after receiving a plan resubmitted 

16 under subparagraph (C), the Secretary shall re17 view the plan. 

18 (8) INDIAN TRIBES.—As a condition on receipt 

19 of a grant under this subsection, a State that receives 

20 a grant under this subsection shall ensure that Indian 

21 tribes in the State are eligible to participate in the 

22 competitive process described in the State’s plan 

23 under paragraph (5)(A)(v). 

24 (c) NATIONAL GRANTS FOR OCEANS, COASTS, AND

25 GREAT LAKES.— 
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1 (1) IN GENERAL.—The Foundation may use 

2 amounts allocated under section 12004(e)(2)(B) to 

3 award grants according to the procedures established 

4 in subsection (a) to support activities consistent with 

5 section 12005. 

6 (2) ADVISORY PANEL.— 

7 (A) IN GENERAL.—The Foundation shall es8 tablish an advisory panel to conduct reviews of 

9 applications for grants under paragraph (1) and 

10 the Foundation shall consider the recommenda11 tions of the Advisory Panel with respect to such 

12 applications. 

13 (B) MEMBERSHIP.—The advisory panel es14 tablished under subparagraph (A) shall include 

15 persons representing a balanced and diverse 

16 range, as determined by the Foundation, of— 

17 (i) ocean, coastal, and Great Lakes de18 pendent industries; 

19 (ii) geographic regions; 

20 (iii) nonprofit conservation organiza21 tions with a mission that includes the con22 servation and protection of living marine 

23 resources and their habitats; and 
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1 (iv) academic institutions with strong 

2 scientific or technical credentials and expe3 rience in marine science or policy. 

4 SEC. 12007. ANNUAL REPORT. 

5 (a) REQUIREMENT FOR ANNUAL REPORT.—Beginning 

6 with fiscal year 2014, not later than 60 days after the end 

7 of each fiscal year, the Foundation shall submit to the Com8 mittee on Commerce, Science, and Transportation of the 

9 Senate and the Committee on Natural Resources of the 

10 House of Representatives a report on the operation of the 

11 Endowment during the fiscal year. 

12 (b) CONTENT.—Each annual report submitted under 

13 subsection (a) for a fiscal year shall include— 

14 (1) a statement of the amounts deposited in the 

15 Endowment and the balance remaining in the En16 dowment at the end of the fiscal year; and 

17 (2) a description of the expenditures made from 

18 the Endowment for the fiscal year, including the pur19 pose of the expenditures. 

20 SEC. 12008. TULSA PORT OF CATOOSA, ROGERS COUNTY, 

21 OKLAHOMA LAND EXCHANGE. 

22 (a) DEFINITIONS.—In this section: 

23 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

24 means the approximately 87 acres of land situated in 

25 Rogers County, Oklahoma, contained within United 
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1 States Tracts 413 and 427, and acquired for the 

2 McClellan-Kerr Arkansas Navigation System. 

3 (2) NON-FEDERAL LAND.—The term ‘‘non-Fed4 eral land’’ means the approximately 34 acres of land 

5 situated in Rogers County, Oklahoma and owned by 

6 the Tulsa Port of Catoosa that lie immediately south 

7 and east of the Federal land. 

8 (b) LAND EXCHANGE.—Subject to subsection (c), on 

9 conveyance by the Tulsa Port of Catoosa to the United 

10 States of all right, title, and interest in and to the non11 Federal land, the Secretary shall convey to the Tulsa Port 

12 of Catoosa, all right, title, and interest of the United States 

13 in and to the Federal land. 

14 (c) CONDITIONS.— 

15 (1) DEEDS.— 

16 (A) DEED TO NON-FEDERAL LAND.—The 

17 Secretary may only accept conveyance of the 

18 non-Federal land by warranty deed, as deter19 mined acceptable by the Secretary. 

20 (B) DEED TO FEDERAL LAND.—The Sec21 retary shall convey the Federal land to the Tulsa 

22 Port of Catoosa by quitclaim deed and subject to 

23 any reservations, terms, and conditions that the 

24 Secretary determines necessary to— 
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1 (i) allow the United States to operate 

2 and maintain the McClellan-Kerr Arkansas 

3 River Navigation System; and 

4 (ii) protect the interests of the United 

5 States. 

6 (2) LEGAL DESCRIPTIONS.—The exact acreage 

7 and legal descriptions of the Federal land and the 

8 non-Federal land shall be determined by surveys ac9 ceptable to the Secretary. 

10 (3) PAYMENT OF COSTS.—The Tulsa Port of 

11 Catoosa shall be responsible for all costs associated 

12 with the land exchange authorized by this section, in13 cluding any costs that the Secretary determines nec14 essary and reasonable in the interest of the United 

15 States, including surveys, appraisals, real estate 

16 transaction fees, administrative costs, and environ17 mental documentation. 

18 (4) CASH PAYMENT.—If the appraised fair mar19 ket value of the Federal land, as determined by the 

20 Secretary, exceeds the appraised fair market value of 

21 the non-Federal land, as determined by the Secretary, 

22 the Tulsa Port of Catoosa shall make a cash payment 

23 to the United States reflecting the difference in the 

24 appraised fair market values. 
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1 (5) LIABILITY.—The Tulsa Port of Catoosa shall 

2 hold and save the United States free from damages 

3 arising from activities carried out under this section, 

4 except for damages due to the fault or negligence of 

5 the United States or a contractor of the United 

6 States. 

7 TITLE XIII—MISCELLANEOUS 

8 SEC. 13001. APPLICABILITY OF SPILL PREVENTION, CON9 TROL, AND COUNTERMEASURE RULE. 

10 (a) DEFINITIONS.—In this title: 

11 (1) ADMINISTRATOR.—The term ‘‘Adminis12 trator’’ means the Administrator of the Environ13 mental Protection Agency. 

14 (2) FARM.—The term ‘‘farm’’ has the meaning 

15 given the term in section 112.2 of title 40, Code of 

16 Federal Regulations (or successor regulations). 

17 (3) GALLON.—The term ‘‘gallon’’ means a 

18 United States liquid gallon. 

19 (4) OIL.—The term ‘‘oil’’ has the meaning given 

20 the term in section 112.2 of title 40, Code of Federal 

21 Regulations (or successor regulations). 

22 (5) OIL DISCHARGE.—The term ‘‘oil discharge’’ 

23 has the meaning given the term ‘‘discharge’’ in section 

24 112.2 of title 40, Code of Federal Regulations (or suc25 cessor regulations). 
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1 (6) REPORTABLE OIL DISCHARGE HISTORY.— 

2 The term ‘‘reportable oil discharge history’’ has the 

3 meaning used to describe the legal requirement to re4 port a discharge of oil under applicable law. 

5 (7) SPILL PREVENTION, CONTROL, AND COUNTER6 MEASURE RULE.—The term ‘‘Spill Prevention, Con7 trol, and Countermeasure rule’’ means the regulation, 

8 including amendments, promulgated by the Adminis9 trator under part 112 of title 40, Code of Federal 

10 Regulations (or successor regulations). 

11 (b) CERTIFICATION.—In implementing the Spill Pre12 vention, Control, and Countermeasure rule with respect to 

13 any farm, the Administrator shall— 

14 (1) require certification of compliance with the 

15 rule by— 

16 (A) a professional engineer for a farm 

17 with— 

18 (i) an individual tank with an above19 ground storage capacity greater than 10,000 

20 gallons; 

21 (ii) an aggregate aboveground storage 

22 capacity greater than or equal to 20,000 

23 gallons; or 

24 (iii) a reportable oil discharge history; 

25 or 
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1 (B) the owner or operator of the farm (via 

2 self-certification) for a farm with— 

3 (i) an aggregate aboveground storage 

4 capacity not more than 20,000 gallons and 

5 not less than the lesser of— 

6 (I) 6,000 gallons; or 

7 (II) the adjustment described in 

8 subsection (d)(2); and 

9 (ii) no reportable oil discharge history 

10 of oil; and 

11 (2) not require a certification of a statement of 

12 compliance with the rule— 

13 (A) subject to subsection (d), with an aggre14 gate aboveground storage capacity of not less 

15 than 2,500 gallons and not more than 6,000 gal16 lons; and 

17 (B) no reportable oil discharge history; and 

18 (3) not require a certification of a statement of 

19 compliance with the rule for an aggregate above20 ground storage capacity of not more than 2,500 gal21 lons. 

22 (c) CALCULATION OF AGGREGATE ABOVEGROUND

23 STORAGE CAPACITY.—For purposes of subsection (b), the 

24 aggregate aboveground storage capacity of a farm ex25 cludes— 
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1 (1) all containers on separate parcels that have 

2 a capacity that is 1,000 gallons or less; and 

3 (2) all containers holding animal feed ingredi4 ents approved for use in livestock feed by the Commis5 sioner of Food and Drugs. 

6 (d) STUDY.— 

7 (1) IN GENERAL.—Not later than 12 months of 

8 the date of enactment of this Act, the Administrator, 

9 in consultation with the Secretary of Agriculture, 

10 shall conduct a study to determine the appropriate 

11 exemption under subsection (b)(2)(A) and (b)(1)(B) to 

12 not more than 6,000 gallons and not less than 2,500 

13 gallons, based on a significant risk of discharge to 

14 water. 

15 (2) ADJUSTMENT.—Not later than 18 months 

16 after the date on which the study described in para17 graph (1) is complete, the Administrator, in consulta18 tion with the Secretary of Agriculture, shall promul19 gate a rule to adjust the exemption levels described in 

20 subsection (b)(2)(A) and (b)(1)(B) in accordance with 

21 the study. 
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1 SEC. 13002. AMERICA THE BEAUTIFUL NATIONAL PARKS 

2 AND FEDERAL RECREATIONAL LANDS PASS 

3 PROGRAM. 

4 The Secretary may participate in the America the 

5 Beautiful National Parks and Federal Recreational Lands 

6 Pass program in the same manner as the National Park 

7 Service, the Bureau of Land Management, the United 

8 States Fish and Wildlife Service, the Forest Service, and 

9 the Bureau of Reclamation, including the provision of free 

10 annual passes to active duty military personnel and de11 pendents. 

Attest: 

Secretary. 
113TH CONGRESS 

1ST SESSION H.R. 3080 

AMENDMENT