I 
113TH CONGRESS 
1ST SESSION H. R. 3080 
To provide for improvements to the rivers and harbors of the United States, 
to provide for the conservation and development of water and related 
resources, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 11, 2013 
Mr. SHUSTER (for himself, Mr. RAHALL, Mr. GIBBS, and Mr. BISHOP of New 
York) introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure, and in addition to the Committees 
on the Budget, Ways and Means, and Natural Resources, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To provide for improvements to the rivers and harbors of 
the United States, to provide for the conservation and 
development of water and related resources, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Water Resources Reform and Development Act of 2013’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definition of Secretary. 
TITLE I—PROGRAM REFORMS AND STREAMLINING 
Sec. 101. Vertical integration and acceleration of studies. 
Sec. 102. Expediting the evaluation and processing of permits. 
Sec. 103. Environmental streamlining. 
Sec. 104. Consolidation of studies. 
Sec. 105. Removal of duplicative analyses. 
Sec. 106. Expediting approval of modifications and alterations of projects by 
non-Federal interests. 
Sec. 107. Construction of projects by non-Federal interests. 
Sec. 108. Contributions by non-Federal interests. 
Sec. 109. Contributions by non-Federal interests for management of Corps of 
Engineers inland navigation facilities. 
Sec. 110. Clarification of impacts to other Federal facilities. 
Sec. 111. Clarification of previously authorized work. 
Sec. 112. Tribal partnership program. 
Sec. 113. Technical corrections. 
Sec. 114. Water infrastructure public-private partnership pilot program. 
Sec. 115. Annual report to Congress. 
Sec. 116. Actions to be taken in conjunction with the President’s annual budget 
submission to Congress. 
Sec. 117. Hurricane and storm damage reduction study. 
Sec. 118. Non-Federal plans to provide additional flood risk reduction. 
Sec. 119. Review of emergency response authorities. 
Sec. 120. Emergency communication of risk. 
Sec. 121. Improvements to the National Dam Safety Program Act. 
Sec. 122. Restricted areas at Corps of Engineers dams. 
Sec. 123. Levee safety. 
Sec. 124. Vegetation on levees. 
Sec. 125. Reduction of Federal costs. 
Sec. 126. Advanced modeling technologies. 
Sec. 127. Enhanced use of electronic commerce in Federal procurement. 
Sec. 128. Corrosion prevention. 
Sec. 129. Resilient construction and use of innovative materials. 
Sec. 130. Assessment of water supply in arid regions. 
Sec. 131. River basin commissions. 
Sec. 132. Sense of Congress regarding water resources development bills. 
TITLE II—NAVIGATION IMPROVEMENTS 
Subtitle A—Ports 
Sec. 201. Expanded use of Harbor Maintenance Trust Fund. 
Sec. 202. Assessment and prioritization of operation and maintenance. 
Sec. 203. Preserving United States harbors. 
Sec. 204. Consolidation of deep draft navigation expertise. 
Sec. 205. Disposal sites. 
Subtitle B—Inland Waterways 
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Sec. 211. Definitions. 
Sec. 212. Project delivery process reforms. 
Sec. 213. Efficiency of revenue collection. 
Sec. 214. Inland waterways revenue studies. 
Sec. 215. Inland waterways stakeholder roundtable. 
Sec. 216. Preserving the Inland Waterway Trust Fund. 
Sec. 217. Public comment on lock operations. 
Sec. 218. Assessment of operation and maintenance needs of the Atlantic Intra-
coastal Waterway. 
Sec. 219. Upper Mississippi River protection. 
Sec. 220. Corps of Engineers lock and dam energy development. 
TITLE III—DEAUTHORIZATIONS AND BACKLOG PREVENTION 
Sec. 301. Deauthorization of inactive projects. 
Sec. 302. Review of Corps of Engineers assets. 
Sec. 303. Backlog prevention. 
Sec. 304. Deauthorizations. 
Sec. 305. Land conveyances. 
TITLE IV—WATER RESOURCES INFRASTRUCTURE 
Sec. 401. Authorization of final feasibility studies. 
Sec. 402. Project modifications. 
SEC. 2. DEFINITION OF SECRETARY. 
In this Act, the term ‘‘Secretary’’ means the Sec-
retary of the Army. 
TITLE I—PROGRAM REFORMS 
AND STREAMLINING 
SEC. 101. VERTICAL INTEGRATION AND ACCELERATION OF 
STUDIES. 
(a) IN GENERAL.—To the extent practicable, a feasi-
bility study initiated by the Secretary, after the date of 
enactment of this Act, under section 905(a) of the Water 
Resources Development Act of 1986 (33 U.S.C. 2282(a)) 
shall— 
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(1) result in the completion of a final feasibility 
report not later than 3 years after the date of initi-
ation; 
(2) 
have 
a 
maximum 
Federal 
cost 
of 
$3,000,000; and 
(3) ensure that personnel from the district, divi-
sion, and headquarters levels of the Corps of Engi-
neers concurrently conduct the review required 
under that section. 
(b) EXCEPTION.—If the Secretary determines that a 
feasibility study described in subsection (a) will not be 
conducted in accordance with subsection (a), the Sec-
retary, not later than 30 days after the date of making 
the determination, shall— 
(1) prepare an updated feasibility study sched-
ule and cost estimate; 
(2) notify the non-Federal feasibility cost shar-
ing partner that the feasibility study has been de-
layed; and 
(3) provide written notice to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment 
and Public Works of the Senate as to the reasons 
the requirements of subsection (a) are not attain-
able. 
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(c) TERMINATION OF AUTHORIZATION.—A feasibility 
study for which the Secretary has issued a determination 
under subsection (b) is not authorized after the last day 
of the 1-year period beginning on the date of the deter-
mination if the Secretary has not completed the study on 
or before such last day. 
(d) REPORT.—Not later than 4 years after the date 
of enactment of this Act, the Secretary shall submit to 
the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Envi-
ronment and Public Works of the Senate a report that 
describes— 
(1) the status of the implementation of this sec-
tion, including a description of each feasibility study 
subject to the requirements of this section; 
(2) the amount of time taken to complete each 
such feasibility study; and 
(3) any recommendations for additional author-
ity necessary to support efforts to expedite the feasi-
bility study process, including an analysis of whether 
the limitation established by subsection (a)(2) needs 
to be adjusted to address the impacts of inflation. 
(e) REVIEWS.—Not later than 90 days after the date 
of the initiation of a study described in subsection (a) for 
a project, the Secretary shall— 
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(1) take all steps necessary to initiate the feder-
ally mandated reviews that the Secretary is required 
to complete as part of the study, including environ-
mental reviews; 
(2) convene a meeting of all Federal, tribal, and 
State agencies identified under section 2045(d) of 
the Water Resources Development Act of 2007 (33 
U.S.C. 2348(d)), as amended by this Act, and that 
may be required by law to conduct or issue a review, 
analysis, or opinion on or to make a determination 
concerning a permit or license for the study; 
(3) provide the agencies referred to in para-
graph (2) with all relevant information related to the 
scope and potential impacts of the project, including 
environmental impacts; and 
(4) take all steps necessary to provide informa-
tion that will enable required reviews and analyses 
related to the project to be conducted by other agen-
cies in a thorough and timely manner. 
SEC. 102. EXPEDITING THE EVALUATION AND PROCESSING 
OF PERMITS. 
Section 214 of the Water Resources Development Act 
of 2000 (33 U.S.C. 2201 note) is amended— 
(1) in subsection (a)— 
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(A) by inserting ‘‘or public-utility company 
(as defined in section 1262 of the Public Utility 
Holding Company Act of 2005 (42 U.S.C. 
16451))’’ after ‘‘non-Federal public entity’’; 
(B) by inserting ‘‘or company’’ after ‘‘that 
entity’’; and 
(C) by adding at the end the following: 
‘‘To the maximum extent practicable, the Sec-
retary shall ensure that expediting the evalua-
tion of a permit through the use of funds ac-
cepted and expended under this section does not 
adversely affect the timeline for evaluation (in 
the Corps district in which the project or activ-
ity is located) of permits under the jurisdiction 
of the Department of the Army of other entities 
that have not contributed funds under this sec-
tion.’’; and 
(2) by striking subsection (e). 
SEC. 103. ENVIRONMENTAL STREAMLINING. 
(a) DECLARATION OF POLICY.— 
(1) IN GENERAL.—Congress declares that— 
(A) the benefits of water resources projects 
are important to the Nation’s economy and en-
vironment; 
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(B) it is in the national interest to expedite 
the delivery of water resources projects; 
(C) it is in the national interest for Fed-
eral and State agencies, local governments, In-
dian tribes, and other entities involved in water 
resources projects— 
(i) to accelerate study completion and 
project delivery and to reduce costs; and 
(ii) to ensure that the planning, de-
sign, engineering, construction, and fund-
ing of water resources projects is done in 
an efficient and effective manner, pro-
moting accountability for public invest-
ments and encouraging greater local and 
private sector involvement in project fi-
nancing and delivery while addressing pub-
lic safety and protecting the environment; 
and 
(D) delay in the delivery of water resources 
studies and projects— 
(i) increases project costs, flood risks, 
and local and Federal expenditures for 
emergency management and recovery; 
(ii) harms the economy of the United 
States; and 
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(iii) impedes the shipment of goods 
for the conduct of commerce. 
(2) POLICY.—Given the declarations set forth 
in paragraph (1), it is the policy of the United 
States that— 
(A) recommendations to Congress regard-
ing such projects should be accelerated by co-
ordinated and efficient environmental reviews 
and cooperative efforts to quickly resolve dis-
putes during the development of water re-
sources projects; 
(B) the Secretary shall have the lead role 
among Federal agencies in facilitating the envi-
ronmental review process for water resources 
projects; 
(C) each Federal agency shall cooperate 
with the Secretary to expedite the environ-
mental review process for water resources 
projects; 
(D) programmatic approaches shall be 
used if applicable to reduce the need for 
project-by-project reviews and decisions by Fed-
eral agencies; 
(E) the Secretary shall identify opportuni-
ties for non-Federal sponsors to assume respon-
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sibilities of the Secretary if such responsibilities 
can be assumed in a manner that protects pub-
lic health and safety, the environment, and pub-
lic participation; and 
(F) the Assistant Secretary of the Army 
for Civil Works shall identify and promote the 
deployment of innovations aimed at reducing 
the time and money required to deliver water 
resources projects while protecting the environ-
ment. 
(b) STREAMLINED PROJECT DELIVERY.— 
(1) IN GENERAL.—Section 2045 of the Water 
Resources Development Act of 2007 (33 U.S.C. 
2348) is amended to read as follows: 
‘‘SEC. 2045. STREAMLINED PROJECT DELIVERY. 
‘‘(a) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) ENVIRONMENTAL IMPACT STATEMENT.— 
The term ‘environmental impact statement’ means 
the detailed statement of environmental impacts re-
quired to be prepared pursuant to the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). 
‘‘(2) ENVIRONMENTAL REVIEW PROCESS.— 
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‘‘(A) IN
GENERAL.—The term ‘environ-
mental review process’ means the process of 
preparing an environmental impact statement, 
environmental assessment, categorical exclusion, 
or other document under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) for a project study. 
‘‘(B) INCLUSIONS.—The term ‘environ-
mental review process’ includes the process for 
and completion of any environmental permit, 
approval, review, or study required for a project 
study under any Federal law other than the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
‘‘(3) FEDERAL JURISDICTIONAL AGENCY.—The 
term ‘Federal jurisdictional agency’ means a Federal 
agency with jurisdiction over a review, analysis, 
opinion, statement, permit, license, or other approval 
or decision required for a project study under appli-
cable Federal laws, including regulations. 
‘‘(4) PROJECT.—The term ‘project’ means a 
Corps of Engineers water resources project. 
‘‘(5) PROJECT
SPONSOR.—The term ‘project 
sponsor’ means the non-Federal interest as defined 
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in section 221(b) of the Flood Control Act of 1970 
(42 U.S.C. 1962d–5b). 
‘‘(6) PROJECT
STUDY.—The term ‘project 
study’ means a feasibility study for a project carried 
out pursuant to section 905 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2282). 
‘‘(b) APPLICABILITY.—The procedures in this section 
are applicable to all project studies initiated after the date 
of enactment of the Water Resources Reform and Devel-
opment Act of 2013 and for which an environmental im-
pact statement is prepared under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
may be applied, to the extent determined appropriate by 
the Secretary, to other project studies for which an envi-
ronmental review process document is prepared under 
such Act. 
‘‘(c) LEAD AGENCIES.— 
‘‘(1) FEDERAL LEAD AGENCY.—The Corps of 
Engineers shall be the Federal lead agency in the 
environmental review process for a project study. 
‘‘(2) NON-FEDERAL
PROJECT
SPONSOR
AS 
JOINT LEAD AGENCY.—At the discretion of the Sec-
retary and subject to the requirements of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
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4321 et seq.), a non-Federal project sponsor that is 
an agency defined in subsection (a)— 
‘‘(A) may serve as a joint lead agency with 
the Corps of Engineers for purposes of pre-
paring any environmental review process docu-
ment under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); and 
‘‘(B) may assist in the preparation of any 
such environmental review process document re-
quired under the National Environmental Pol-
icy Act of 1969 if the Secretary provides guid-
ance in the preparation process, participates in 
preparing the document, independently evalu-
ates that document, and approves and adopts 
the document before the Secretary takes any 
subsequent action or makes any approval based 
on that document. 
‘‘(3) ADOPTION
AND
USE
OF
DOCUMENTS.— 
Any environmental review process document pre-
pared in accordance with this subsection shall be 
adopted and used by any Federal agency in making 
any approval of a project subject to this section as 
the document required to be completed under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) to the same extent that the 
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Federal agency may adopt or use a document pre-
pared by another Federal agency under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
‘‘(4) ROLES AND RESPONSIBILITY OF FEDERAL 
LEAD AGENCY.—With respect to the environmental 
review process for any project, the Federal lead 
agency shall have authority and responsibility— 
‘‘(A) to take such actions as are necessary 
and proper, within the authority of the Federal 
lead agency, to facilitate the expeditious resolu-
tion of the environmental review process for the 
project study; and 
‘‘(B) to prepare or ensure that any re-
quired environmental impact statement or other 
document for a project study required to be 
completed under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) is 
completed in accordance with this section and 
applicable Federal law. 
‘‘(d) PARTICIPATING
AND
COOPERATING
AGEN-
CIES.— 
‘‘(1) IDENTIFICATION.—The Federal lead agen-
cy shall identify, as early as practicable in the envi-
ronmental review process for a project study, any 
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