II 
Calendar No. 224 
113TH CONGRESS 
1ST SESSION H. R. 3080 
IN THE SENATE OF THE UNITED STATES 
OCTOBER 28, 2013 
Received; read twice and placed on the calendar 
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. 
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’’. 
(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. 
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Sec. 102. Expediting the evaluation and processing of permits. 
Sec. 103. Environmental streamlining. 
Sec. 104. Consolidation of studies. 
Sec. 105. Expedited completion of reports. 
Sec. 106. Removal of duplicative analyses. 
Sec. 107. Expediting approval of modifications and alterations of projects by 
non-Federal interests. 
Sec. 108. Construction of projects by non-Federal interests. 
Sec. 109. Contributions by non-Federal interests. 
Sec. 110. Contributions by non-Federal interests for management of Corps of 
Engineers inland navigation facilities. 
Sec. 111. Additional contributions by non-Federal interests. 
Sec. 112. Contributions by non-Federal interests prior to authorization of final 
feasibility reports. 
Sec. 113. Clarification of impacts to other Federal facilities. 
Sec. 114. Clarification of previously authorized work. 
Sec. 115. Tribal partnership program. 
Sec. 116. Technical corrections. 
Sec. 117. Water infrastructure public-private partnership pilot program. 
Sec. 118. Annual report to Congress. 
Sec. 119. Actions to be taken in conjunction with the President’s annual budget 
submission to Congress. 
Sec. 120. Hurricane and storm damage reduction study. 
Sec. 121. Non-Federal plans to provide additional flood risk reduction. 
Sec. 122. Review of emergency response authorities. 
Sec. 123. Emergency communication of risk. 
Sec. 124. Improvements to the National Dam Safety Program Act. 
Sec. 125. Restricted areas at Corps of Engineers dams. 
Sec. 126. Levee safety. 
Sec. 127. Vegetation on levees. 
Sec. 128. Reduction of Federal costs. 
Sec. 129. Advanced modeling technologies. 
Sec. 130. Enhanced use of electronic commerce in Federal procurement. 
Sec. 131. Corrosion prevention. 
Sec. 132. Resilient construction and use of innovative materials. 
Sec. 133. Assessment of water supply in arid regions. 
Sec. 134. River basin commissions. 
Sec. 135. Sense of Congress regarding water resources development bills. 
Sec. 136. Donald G. Waldon Lock and Dam. 
Sec. 137. Aquatic invasive species. 
Sec. 138. Recreational access. 
Sec. 139. Territories of the United States. 
Sec. 140. Sense of Congress regarding interstate water agreements and com-
pacts. 
Sec. 141. Report on surface elevations at drought effected lakes. 
Sec. 142. Future water supply. 
Sec. 143. Congressional consent for new project purposes. 
Sec. 144. Multiagency effort to slow the spread of asian carp in the upper mis-
sissippi river and ohio river basins and tributaries. 
Sec. 145. Aquatic invasive species prevention and control. 
Sec. 146. National Ocean Policy implementation. 
Sec. 147. Calculation of benefits and costs for flood damage reduction and hur-
ricane and storm damage reduction projects. 
TITLE II—NAVIGATION IMPROVEMENTS 
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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. 
Sec. 206. Harbor Maintenance Trust Fund study. 
Subtitle B—Inland Waterways 
Sec. 211. Definitions. 
Sec. 212. Project delivery process reforms. 
Sec. 213. Efficiency of revenue collection. 
Sec. 214. Inland waterways revenue studies. 
Sec. 215. Inland waterways stakeholder roundtable. 
Sec. 216. Preserving the Inland Waterway Trust Fund. 
Sec. 217. Public comment on lock operations. 
Sec. 218. Assessment of operation and maintenance needs of the Atlantic Intra-
coastal Waterway and the Gulf Intracoastal Waterway. 
Sec. 219. Upper Mississippi River protection. 
Sec. 220. Corps of Engineers lock and dam energy development. 
TITLE III—DEAUTHORIZATIONS AND BACKLOG PREVENTION 
Sec. 301. Deauthorization of inactive projects. 
Sec. 302. Review of Corps of Engineers assets. 
Sec. 303. Backlog prevention. 
Sec. 304. Deauthorizations. 
Sec. 305. Land conveyances. 
TITLE IV—WATER RESOURCES INFRASTRUCTURE 
Sec. 401. Authorization of final feasibility studies. 
Sec. 402. Project modifications. 
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 
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Resources Development Act of 1986 (33 U.S.C. 2282(a)) 
shall— 
(1) result in the completion of a final feasibility 
report not later than 3 years after the date of 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 
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the requirements of subsection (a) are not attain-
able. 
(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. 
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(e) REVIEWS.—Not later than 90 days after the date 
of the initiation of a study described in subsection (a) for 
a project, the Secretary shall— 
(1) take all steps necessary to initiate the 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. 
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SEC. 102. EXPEDITING THE EVALUATION AND PROCESSING 
OF PERMITS. 
Section 214 of the Water Resources Development Act 
of 2000 (33 U.S.C. 2201 note) is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘or public-utility company 
or natural gas 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.— 
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(1) IN GENERAL.—Congress declares that— 
(A) the benefits of water resources projects 
are important to the Nation’s economy and en-
vironment; 
(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— 
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(i) increases project costs, flood risks, 
and local and Federal expenditures for 
emergency management and recovery; 
(ii) harms the economy of the United 
States; and 
(iii) impedes the shipment of goods 
for the conduct of commerce. 
(2) POLICY.—Given the declarations set forth 
in paragraph (1), it is the policy of the United 
States that— 
(A) recommendations to Congress 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; 
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(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-
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 
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‘‘(4) PROJECT.—The term ‘project’ means a 
Corps of Engineers water resources project. 
‘‘(5) PROJECT
SPONSOR.—The term ‘project 
sponsor’ means the non-Federal interest as defined 
in section 221(b) of the Flood Control Act of 1970 
(42 U.S.C. 1962d–5b). 
‘‘(6) PROJECT
STUDY.—The term ‘project 
study’ means a feasibility study for a project carried 
out pursuant to section 905 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2282). 
‘‘(b) APPLICABILITY.—The procedures in this section 
are applicable to all project studies initiated after the date 
of enactment of the Water Resources Reform and 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 initiated after such 
date of enactment and for which an environmental review 
process document is prepared under such Act. 
‘‘(c) LEAD AGENCIES.— 
‘‘(1) FEDERAL LEAD AGENCY.—The Corps of 
Engineers shall be the Federal lead agency in the 
environmental review process for a project study. 
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‘‘(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. 
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 
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any approval of a project subject to this section as 
the document required to be completed under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) to the same extent that the 
Federal agency may adopt or use a document 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. 
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‘‘(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 
Federal or State agency, local government, or Indian 
tribe that may— 
‘‘(A) have jurisdiction over the project; 
‘‘(B) be required by law to conduct or 
issue a review, analysis, opinion, or statement 
for the project study; or 
‘‘(C) be required to make a determination 
on issuing a permit, license, or other approval 
or decision for the project study. 
‘‘(2) INVITATION.— 
‘‘(A) IN
GENERAL.—The Federal lead 
agency shall invite any such agency identified 
under paragraph (1) to become a participating 
or cooperating agency in the environmental re-
view process for the project study. 
‘‘(B) DEADLINE.—An invitation to partici-
pate issued under subparagraph (A) shall estab-
lish a deadline by which a response to the invi-
tation shall be submitted, which may be ex-
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tended by the Federal lead agency for good 
cause. 
‘‘(3) FEDERAL
COOPERATING
AGENCY.—Any 
Federal agency that is invited by the Federal lead 
agency to participate in the environmental review 
process for a project study shall be designated as a 
cooperating agency by the Federal lead agency un-
less the invited agency informs the Federal lead 
agency, in writing, by the deadline specified in the 
invitation that the invited agency— 
‘‘(A) has no jurisdiction or authority with 
respect to the project; 
‘‘(B) has no expertise or information rel-
evant to the project study; and 
‘‘(C) does not intend to submit comments 
on the project study. 
‘‘(4) EFFECT OF DESIGNATION.— 
‘‘(A) REQUIREMENT.—A participating or 
cooperating agency shall comply with the re-
quirements of this section and any schedule es-
tablished under this section. 
‘‘(B) IMPLICATION.—Designation under 
this subsection shall not imply that the partici-
pating or cooperating agency— 
‘‘(i) supports a proposed project; or 
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‘‘(ii) has any jurisdiction over, or spe-
cial expertise with respect to evaluation of, 
the project. 
‘‘(5) CONCURRENT
REVIEWS.—Each partici-
pating or cooperating agency shall— 
‘‘(A) carry out the obligations of that 
agency under other applicable law concurrently 
and in conjunction with the required environ-
mental review process unless doing so would 
prevent such agency from conducting needed 
analysis or otherwise carrying out their obliga-
tions under those other laws; and 
‘‘(B) formulate and implement administra-
tive, policy, and procedural mechanisms to en-
able the agency to ensure completion of the en-
vironmental review process in a timely, coordi-
nated, and environmentally responsible manner. 
‘‘(e) PROGRAMMATIC COMPLIANCE.— 
‘‘(1) IN GENERAL.—The Secretary shall issue 
guidance regarding the use of programmatic ap-
proaches to carry out the environmental review proc-
ess that— 
‘‘(A) eliminates repetitive discussions of 
the same issues; 
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‘‘(B) focuses on the actual issues ripe for 
analyses at each level of review; 
‘‘(C) establishes a formal process for co-
ordinating with participating and cooperating 
agencies, including the creation of a list of all 
data that is needed to carry out the environ-
mental review process; and 
‘‘(D) complies with— 
‘‘(i) the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.); 
and 
‘‘(ii) all other applicable laws. 
‘‘(2) REQUIREMENTS.—In carrying out para-
graph (1), the Secretary shall— 
‘‘(A) as the first step in drafting guidance 
under that paragraph, consult with relevant 
Federal and State agencies, local governments, 
Indian tribes, and the public on the use and 
scope of the programmatic approaches; 
‘‘(B) emphasize the importance of collabo-
ration among relevant Federal agencies, State 
agencies, local governments, and Indian tribes 
in undertaking programmatic reviews, especially 
with respect to reviews with a broad geo-
graphical scope; 
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‘‘(C) ensure that the programmatic re-
views— 
‘‘(i) promote transparency, including 
of the analyses and data used in the envi-
ronmental review process, the treatment of 
any deferred issues raised by a Federal or 
State agency, local government, Indian 
tribe, or the public, and the temporal and 
special scales to be used to analyze those 
issues; 
‘‘(ii) use accurate and timely informa-
tion in the environmental review process, 
including— 
‘‘(I) criteria for determining the 
general duration of the usefulness of 
the review; and 
‘‘(II) the timeline for updating 
any out-of-date review; 
‘‘(iii) describe— 
‘‘(I) the relationship between pro-
grammatic analysis and future tiered 
analysis; and 
‘‘(II) the role of the public in the 
creation of future tiered analysis; and 
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‘‘(iv) are available to other relevant 
Federal and State agencies, local govern-
ments, Indian tribes, and the public; 
‘‘(D) allow not less than 60 days of public 
notice and comment on any proposed guidance; 
and 
‘‘(E) address any comments received under 
subparagraph (D). 
‘‘(f) COORDINATED REVIEWS.— 
‘‘(1) COORDINATION PLAN.— 
‘‘(A) ESTABLISHMENT.—The Federal lead 
agency, after consultation with each partici-
pating and cooperating agency and the non- 
Federal project sponsor or joint lead agency, as 
applicable, shall establish a plan for coordi-
nating public and agency participation in and 
comment on the environmental review process 
for a project study. 
‘‘(B) INCORPORATION.—In developing the 
plan established under subparagraph (A), the 
Federal lead agency shall take under consider-
ation the scheduling requirements under section 
101 of the Water Resources Reform and Devel-
opment Act of 2013. 
‘‘(2) SCHEDULE.— 
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‘‘(A) IN
GENERAL.—The Federal lead 
agency, after consultation with each partici-
pating and cooperating agency and the non- 
Federal project sponsor or joint lead agency, as 
applicable, shall establish, as part of the coordi-
nation plan established in paragraph (1)(A), a 
schedule for completion of the environmental re-
view process for the project study. In developing 
the schedule, the Federal lead agency shall take 
under consideration the scheduling require-
ments under section 101 of the Water Re-
sources Reform and Development Act of 2013. 
‘‘(B) FACTORS FOR CONSIDERATION.—In 
establishing the schedule, the Federal lead 
agency shall consider factors such as— 
‘‘(i) the responsibilities of partici-
pating and cooperating agencies under ap-
plicable laws; 
‘‘(ii) the resources available to the 
participating and cooperating agencies and 
the non-Federal project sponsor or joint 
lead agency, as applicable; 
‘‘(iii) the overall size and complexity 
of the project; 
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‘‘(iv) the overall schedule for and cost 
of the project; and 
‘‘(v) the sensitivity of the natural and 
historic resources that may be affected by 
the project. 
‘‘(C) CONSISTENCY WITH OTHER TIME PE-
RIODS.—A schedule under subparagraph (A) 
shall be consistent with any other relevant time 
periods established under Federal law. 
‘‘(D) MODIFICATION.—The Federal lead 
agency may— 
‘‘(i) lengthen a schedule established 
under subparagraph (A) for good cause; or 
‘‘(ii) shorten a schedule only with the 
concurrence of the affected participating 
and cooperating agencies and the non-Fed-
eral project sponsor or joint lead agency, 
as applicable. 
‘‘(E) DISSEMINATION.—A copy of a sched-
ule established under subparagraph (A) shall 
be— 
‘‘(i) provided to each participating 
and cooperating agency and the non-Fed-
eral project sponsor or joint lead agency, 
as applicable; and 
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‘‘(ii) made available to the public. 
‘‘(3) COMMENT DEADLINES.—The Federal lead 
agency shall establish the following deadlines for 
comment during the environmental review process 
for a project study: 
‘‘(A) DRAFT
ENVIRONMENTAL
IMPACT 
STATEMENTS.—For comments by agencies and 
the public on a draft environmental impact 
statement, a period of not more than 60 days 
after such document is made publicly available, 
unless— 
‘‘(i) a different deadline is established 
by agreement of the Federal lead agency, 
all participating and cooperating agencies, 
and the non-Federal project sponsor or 
joint lead agency, as applicable; or 
‘‘(ii) the deadline is extended by the 
Federal lead agency for good cause. 
‘‘(B) OTHER COMMENT PERIODS.—For all 
other comment periods established by the Fed-
eral lead agency for agency or public comments 
in the environmental review process, a period of 
not more than 30 days after the date on which 
the materials for which comment is requested 
are made available, unless— 
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‘‘(i) a different deadline is established 
by agreement of the Federal lead agency, 
all participating and cooperating agencies, 
and the non-Federal project sponsor or 
joint lead agency, as applicable; or 
‘‘(ii) the deadline is extended by the 
Federal lead agency for good cause. 
‘‘(4) 
DEADLINES
FOR
DECISIONS
UNDER 
OTHER LAWS.— 
‘‘(A) PRIOR
APPROVAL
DEADLINE.—If a 
participating or cooperating agency is required 
to make a determination regarding or otherwise 
approve or disapprove the project study prior to 
the record of decision or finding of no signifi-
cant impact, such participating or cooperating 
agency shall make such determination or ap-
proval not later than 30 days after the Federal 
lead agency publishes notice of the availability 
of a final environmental impact statement or 
other final environmental document, or not 
later than such other date that is otherwise re-
quired by law, whichever occurs first. 
‘‘(B) OTHER DEADLINES.—With regard to 
any determination or approval of a partici-
pating or cooperating agency that is not subject 
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to subparagraph (A), each participating or co-
operating agency shall make any required deter-
mination or otherwise approve or disapprove the 
project study not later than 90 days after the 
date that the Federal lead agency approves the 
record of decision or finding of no significant 
impact for the project study, or not later than 
such other date that is otherwise required by 
law, whichever occurs first. 
‘‘(C) RECORD CLOSED.—In the event that 
any participating or cooperating agency fails to 
make a determination or approve or disapprove 
the project study within the applicable deadline 
described in subparagraph (A), the Federal lead 
agency may close the record and find the record 
sufficient for the project study as it relates to 
such agency determination or approval. 
‘‘(g) ISSUE IDENTIFICATION AND RESOLUTION.— 
‘‘(1) COOPERATION.—The Federal lead agency 
and participating and cooperating agencies shall 
work cooperatively in accordance with this section to 
identify and resolve issues that may delay comple-
tion of the environmental review process or result in 
the denial of any approval required for the project 
study under applicable laws. 
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‘‘(2) FEDERAL
LEAD
AGENCY
RESPONSIBIL-
ITIES.— 
‘‘(A) IN
GENERAL.—The Federal lead 
agency shall make information available to the 
participating and cooperating agencies as early 
as practicable in the environmental review proc-
ess regarding the environmental and socio-
economic resources located within the project 
area and the general locations of the alter-
natives under consideration. 
‘‘(B) DATA
SOURCES.—Such information 
under subparagraph (A) may be based on exist-
ing data sources, including geographic informa-
tion systems mapping. 
‘‘(3) PARTICIPATING AND COOPERATING AGEN-
CY
RESPONSIBILITIES.—Based on information re-
ceived from the Federal lead agency, participating 
and cooperating agencies shall identify, as early as 
practicable, any issues of concern regarding the po-
tential environmental or socioeconomic impacts of 
the project, including any issues that may substan-
tially delay or prevent an agency from granting a 
permit or other approval that is needed for the 
project study. 
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‘‘(4) ACCELERATED
ISSUE
RESOLUTION
AND 
ELEVATION.— 
‘‘(A) IN GENERAL.—Upon the request of a 
participating or cooperating agency or non-Fed-
eral project sponsor, the Secretary shall convene 
an issue resolution meeting with the relevant 
participating and cooperating agencies and the 
non-Federal project sponsor or joint lead agen-
cy, as applicable, to resolve issues that may— 
‘‘(i) delay completion of the environ-
mental review process; or 
‘‘(ii) result in denial of any approval 
required for the project study under appli-
cable laws. 
‘‘(B) MEETING
DATE.—A meeting re-
quested under this paragraph shall be held not 
later than 21 days after the date on which the 
Secretary receives the request for the meeting, 
unless the Secretary determines that there is 
good cause to extend that deadline. 
‘‘(C) NOTIFICATION.—Upon receipt of a 
request for a meeting under this paragraph, the 
Secretary shall notify all relevant participating 
and cooperating agencies of the request, includ-
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ing the issue to be resolved and the date for the 
meeting. 
‘‘(D) ELEVATION
OF
ISSUE
RESOLU-
TION.—If a resolution cannot be achieved with-
in 30 days after a meeting under this para-
graph and a determination is made by the Sec-
retary that all information necessary to resolve 
the issue has been obtained, the Secretary shall 
forward the dispute to the heads of the relevant 
agencies for resolution. 
‘‘(E) CONVENTION
BY
SECRETARY.—The 
Secretary may convene an issue resolution 
meeting under this subsection at any time, at 
the discretion of the Secretary, regardless of 
whether a meeting is requested under subpara-
graph (A). 
‘‘(h) STREAMLINED DOCUMENTATION
AND DECI-
SIONMAKING.— 
‘‘(1) IN GENERAL.—The Federal lead agency in 
the environmental review process for a project study, 
in order to reduce paperwork and expedite decision-
making, shall prepare a condensed final environ-
mental impact statement under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). 
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‘‘(2) CONDENSED FORMAT.—A condensed final 
environmental impact statement for a project study 
in the environmental review process shall consist 
only of— 
‘‘(A) an incorporation by reference of the 
draft environmental impact statement; 
‘‘(B) any updates to specific pages or sec-
tions of the draft environmental impact state-
ment as appropriate; and 
‘‘(C) responses to comments on the draft 
environmental impact statement and copies of 
the comments. 
‘‘(3) TIMING
OF
DECISION.—Notwithstanding 
any other provision of law, in conducting the envi-
ronmental review process for a project study, the 
Federal lead agency shall combine a final environ-
mental impact statement and a record of decision 
for the project study into a single document if— 
‘‘(A) the alternative approved in the record 
of decision is either a preferred alternative iden-
tified in the draft environmental impact state-
ment or is a modification of such preferred al-
ternative developed in response to comments on 
the draft environmental impact statement; and 
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‘‘(B) the Federal lead agency has a written 
commitment from parties responsible for imple-
mentation of the measures applicable to the ap-
proved alternative that are identified in the 
final environmental impact statement that they 
will implement those measures. 
‘‘(i) LIMITATIONS.—Nothing in this section shall pre-
empt or interfere with— 
‘‘(1) any practice of seeking, considering, or re-
sponding to public comment; or 
‘‘(2) any power, jurisdiction, responsibility, or 
authority that a Federal or State agency, local gov-
ernment, Indian tribe, or non-Federal project spon-
sor has with respect to carrying out a project study 
or any other provision of law applicable to a project. 
‘‘(j) TIMING OF CLAIMS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, a claim arising under Federal law 
seeking judicial review of a permit, license, or other 
approval issued by a Federal agency for a project 
study shall be barred unless it is filed not later than 
150 days after publication of a notice in the Federal 
Register announcing that the permit, license, or 
other approval is final pursuant to the law under 
which the agency action is taken, unless a shorter 
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time is specified in the Federal law which allows ju-
dicial review. Nothing in this subsection shall create 
a right to judicial review or place any limit on filing 
a claim that a person has violated the terms of a 
permit, license, or other approval. 
‘‘(2) NEW INFORMATION.—The Secretary shall 
consider new information received after the close of 
a comment period if the information satisfies the re-
quirements for a supplemental environmental impact 
statement under title 40, Code of Federal Regula-
tions. The preparation of a supplemental environ-
mental impact statement or other environmental 
document when required by this section shall be con-
sidered a separate final agency action and the dead-
line for filing a claim for judicial review of such ac-
tion shall be 150 days after the date of publication 
of a notice in the Federal Register announcing such 
action. 
‘‘(k) CATEGORICAL EXCLUSIONS.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of this subsection, the 
Secretary shall— 
‘‘(A) survey the use by the Corps of Engi-
neers of categorical exclusions in projects; 
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‘‘(B) publish a review of the survey that 
includes a description of— 
‘‘(i) the types of actions that were cat-
egorically excluded or may be the basis for 
developing a new categorical exclusion; and 
‘‘(ii) any requests previously received 
by the Secretary for new categorical exclu-
sions; and 
‘‘(C) solicit requests from other Federal 
agencies and non-Federal project sponsors for 
new categorical exclusions. 
‘‘(2) NEW
CATEGORICAL
EXCLUSIONS.—Not 
later than 1 year after the date of enactment of this 
subsection, if the Secretary identifies, based on the 
review under paragraph (1), a category of activities 
that merit establishing a categorical exclusion not in 
existence on the day before the date of enactment of 
this subsection, the Secretary shall publish a notice 
of proposed rulemaking to propose that new categor-
ical exclusion, to the extent that the categorical ex-
clusion meets the criteria for a categorical exclusion 
under section 1508.4 of title 40, Code of Federal 
Regulations (or successor regulation). 
‘‘(l) IMPLEMENTATION GUIDANCE.—The Secretary 
shall prepare guidance documents that describe the proc-
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esses that the Secretary will use to implement this sec-
tion.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents contained in section 1(b) of the Water Re-
sources Development Act of 2007 is amended by 
striking the item relating to section 2045 and insert-
ing the following: 
‘‘Sec. 2045. Streamlined project delivery.’’. 
(c) CATEGORICAL EXCLUSION IN EMERGENCIES.— 
For the repair, reconstruction, or rehabilitation of a water 
resources project that is in operation or under construc-
tion when damaged by an event or incident that results 
in a declaration by the President of a major disaster or 
emergency pursuant to the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.), the Secretary shall treat such repair, reconstruction, 
or rehabilitation activity as a class of action categorically 
excluded from the requirements relating to environmental 
assessments or environmental impact statements under 
section 1508.4 of title 40, Code of Federal Regulations, 
if such repair or reconstruction activity is in the same lo-
cation with the same capacity, dimensions, and design as 
the original water resources project as before the declara-
tion described in this section. 
SEC. 104. CONSOLIDATION OF STUDIES. 
(a) IN GENERAL.— 
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(1) REPEAL.—Section 905(b) of the Water Re-
sources Development Act of 1986 (33 U.S.C. 
2282(b)) is repealed. 
(2) 
CONFORMING
AMENDMENT.—Section 
905(a)(1) of such Act (33 U.S.C. 2282(a)(1)) is 
amended by striking ‘‘perform a reconnaissance 
study and’’. 
(b) CONTENTS OF FEASIBILITY REPORTS.—Section 
905(a)(2) of such Act (33 U.S.C. 2282(a)(2)) is amended 
by adding at the end the following: ‘‘A feasibility report 
shall include a preliminary analysis of the Federal interest 
and the costs, benefits, and environmental impacts of the 
project.’’. 
(c) APPLICABILITY.—The Secretary shall continue to 
carry out a study for which a reconnaissance level inves-
tigation has been initiated before the date of enactment 
of this Act as if this section, including the amendments 
made by this section, had not been enacted. 
SEC. 105. EXPEDITED COMPLETION OF REPORTS. 
The Secretary shall— 
(1) expedite the completion of any on-going fea-
sibility study for a project initiated before the date 
of enactment of this Act; and 
(2) if the Secretary determines that the project 
is justified in a completed report, proceed directly to 
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preconstruction planning, engineering, and design of 
the project in accordance with section 910 of the 
Water Resources Development Act of 1986 (100 
Stat. 4189). 
SEC. 106. REMOVAL OF DUPLICATIVE ANALYSES. 
Section 911 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2288) is repealed. 
SEC. 107. EXPEDITING APPROVAL OF MODIFICATIONS AND 
ALTERATIONS OF PROJECTS BY NON-FED-
ERAL INTERESTS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary, after pro-
viding notice and an opportunity for comment, shall estab-
lish a process for the review of section 14 applications in 
a timely and consistent manner. 
(b) SECTION 14 APPLICATION DEFINED.—In this 
section, the term ‘‘section 14 application’’ means an appli-
cation submitted by an applicant to the Secretary request-
ing permission for the temporary occupation or use of a 
public work, or the alteration or permanent occupation or 
use of a public work, under section 14 of the Act entitled 
‘‘An Act making appropriations for the construction, re-
pair, and preservation of certain public works on rivers 
and harbors, and for other purposes’’, approved March 3, 
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1899 (commonly known as the ‘‘Rivers and Harbors Ap-
propriation Act of 1899’’) (33 U.S.C. 408). 
(c) BENCHMARK GOALS.— 
(1) ESTABLISHMENT OF BENCHMARK GOALS.— 
In carrying out subsection (a), the Secretary shall— 
(A) establish benchmark goals for deter-
mining the amount of time it should take the 
Secretary to determine whether a section 14 ap-
plication is complete; 
(B) establish benchmark goals for deter-
mining the amount of time it should take the 
Secretary to approve or disapprove a section 14 
application; and 
(C) to the extent practicable, use such 
benchmark goals to make a decision on section 
14 applications in a timely and consistent man-
ner. 
(2) BENCHMARK GOALS.— 
(A) BENCHMARK
GOALS
FOR
DETER-
MINING
WHETHER
SECTION
APPLICATIONS 
ARE COMPLETE.—To the extent practicable, the 
benchmark goals established under paragraph 
(1) shall provide that— 
(i) the Secretary reach a decision on 
whether a section 14 application is com-
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plete not later than 15 days after the date 
of receipt of the application; and 
(ii) if the Secretary determines that a 
section 14 application is not complete, the 
Secretary promptly notify the applicant of 
the specific information that is missing or 
the analysis that is needed to complete the 
application. 
(B) BENCHMARK GOALS FOR REVIEWING 
COMPLETED
APPLICATIONS.—To the extent 
practicable, the benchmark goals established 
under paragraph (1) shall provide that— 
(i) the Secretary generally approve or 
disapprove a completed section 14 applica-
tion not later than 45 days after the date 
of receipt of the completed application; and 
(ii) in a case in which the Secretary 
determines that additional time is needed 
to review a completed section 14 applica-
tion due to the type, size, cost, complexity, 
or impacts of the actions proposed in the 
application, the Secretary approve or dis-
approve the application not later than 180 
days after the date of receipt of the com-
pleted application. 
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(3) NOTICE.—In any case in which the Sec-
retary determines that it will take the Secretary 
more than 45 days to review a completed section 14 
application, the Secretary shall— 
(A) provide written notification to the ap-
plicant; and 
(B) include in the written notice a best es-
timate of the Secretary as to the amount of 
time required for completion of the review. 
(d) FAILURE TO ACHIEVE BENCHMARK GOALS.—In 
any case in which the Secretary fails make a decision on 
a section 14 application in accordance with the process 
established under this section, the Secretary shall provide 
written notice to the applicant, including a detailed de-
scription of— 
(1) why the Secretary failed to make a decision 
in accordance with such process; 
(2) the additional actions required before the 
Secretary will issue a decision; and 
(3) the amount of time the Secretary will re-
quire to issue a decision. 
(e) NOTIFICATION.— 
(1) SUBMISSION TO CONGRESS.—The Secretary 
shall provide a copy of any written notice provided 
under subsection (d) to the Committee on Transpor-
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tation and Infrastructure of the House of Represent-
atives and the Committee on Environment and Pub-
lic Works of the Senate. 
(2) 
PUBLIC
AVAILABILITY.—The 
Secretary 
shall maintain a publicly available database, includ-
ing on the Internet, on— 
(A) all section 14 applications received by 
the Secretary; and 
(B) the current status of such applications. 
SEC. 108. CONSTRUCTION OF PROJECTS BY NON-FEDERAL 
INTERESTS. 
(a) CONSTRUCTION OF WATER RESOURCES DEVEL-
OPMENT PROJECTS.—Section 211 of the Water Resources 
Development Act of 1996 (33 U.S.C. 701b–13) is amend-
ed— 
(1) in the section heading by striking ‘‘FLOOD 
CONTROL’’ and inserting ‘‘WATER
RESOURCES 
DEVELOPMENT’’; and 
(2) by striking ‘‘flood control’’ each place it ap-
pears and inserting ‘‘water resources development’’. 
(b) COMPLETION OF STUDIES AND DESIGN ACTIVI-
TIES.—Section 211(c) of such Act (33 U.S.C. 701b–13(c)) 
is amended by striking ‘‘date of the enactment of this Act’’ 
and inserting ‘‘date of enactment of the Water Resources 
Reform and Development Act of 2013’’. 
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(c) AUTHORITY TO CARRY OUT IMPROVEMENTS.— 
Section 211(d)(1) of such Act (33 U.S.C. 701b–13(d)(1)) 
is amended— 
(1) by striking subparagraph (A)(i) and insert-
ing the following: 
‘‘(i) IN GENERAL.—A non-Federal in-
terest may carry out construction for 
which studies and design documents are 
prepared under subsection (b) only if— 
‘‘(I) the Secretary approves the 
project for construction; and 
‘‘(II) the project is specifically 
authorized by Congress.’’; and 
(2) by striking subparagraph (B) and inserting 
the following: 
‘‘(B) STUDIES
AND
DESIGN
ACTIVITIES 
UNDER SUBSECTION (c).—Any non-Federal in-
terest that has received from the Secretary 
under subsection (c) a favorable recommenda-
tion to carry out a water resources development 
project, or separable element thereof, based on 
the results of completed studies and design doc-
uments for the project or element may carry 
out the project or element if— 
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‘‘(i) a final environmental impact 
statement under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) has been filed for the project 
or element; and 
‘‘(ii) the project is specifically author-
ized by Congress.’’. 
(d) REIMBURSEMENT.—Section 211(e) of such Act 
(33 U.S.C. 701b–13(e)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (B) by striking ‘‘and’’ 
at the end; 
(B) in subparagraph (C) by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(D) if the project is specifically author-
ized by Congress.’’; and 
(2) in paragraph (6)— 
(A) by striking subparagraph (B) and re-
designating subparagraphs (C) and (D) as sub-
paragraphs (B) and (C), respectively; and 
(B) in subparagraph (B) (as so redesig-
nated)— 
(i) by striking ‘‘At the request’’ and 
inserting ‘‘In accordance with section 221 
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of the Flood Control Act of 1970 (42 
U.S.C. 1962d–5b), at the request’’; and 
(ii) by inserting before the period at 
the end the following: ‘‘, or toward the 
non-Federal share of any other authorized 
water resources development study or 
project of such non-Federal interest’’. 
(e) OTHER MATTERS.—Section 211 of such Act (33 
U.S.C. 701b–13) is amended by adding at the end the fol-
lowing: 
‘‘(h) OPERATION AND MAINTENANCE OF NAVIGA-
TION PROJECTS.—Whenever a non-Federal interest con-
structs improvements to a harbor or inland harbor, the 
Secretary shall be responsible for maintenance in accord-
ance with section 101(b) of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 2211(b)) if— 
‘‘(1) the Secretary determines, before construc-
tion, that the improvements, or separable elements 
thereof, are economically justified and environ-
mentally acceptable; 
‘‘(2) the Secretary certifies that the project is 
constructed in accordance with applicable permits 
and the appropriate engineering and design stand-
ards; 
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‘‘(3) the Secretary does not find that the 
project, or separable element thereof, is no longer 
economically justified or environmentally acceptable; 
and 
‘‘(4) the project is specifically authorized by 
Congress. 
‘‘(i) IMPLEMENTATION.—All laws and regulations 
that would apply to the Secretary if the Secretary were 
carrying out a project shall apply to the non-Federal inter-
est carrying out a project under this section. 
‘‘(j) NOTIFICATION OF COMMITTEES.—The Secretary 
shall notify in writing the Committee on Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the 
Senate prior to initiation of negotiations with a non-Fed-
eral interest regarding the utilization of the authorities 
under this section.’’. 
(f) REPEALS.—The following provisions are repealed: 
(1) Section 204 of the Water Resources Devel-
opment Act of 1986 (33 U.S.C. 2232). 
(2) Section 206 of the Water Resources Devel-
opment Act of 1992 (33 U.S.C. 426i–1) and the 
item relating to that section in the table of contents 
contained in section 1(b) of that Act. 
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(3) Section 404 of the Water Resources Devel-
opment Act of 1990 (33 U.S.C. 2232 note; 104 
Stat. 4646) and the item relating to that section in 
the table of contents contained in section 1(b) of 
that Act. 
(g) SAVING PROVISION.—Nothing in this section may 
be construed to affect any agreement entered into under 
section 204(f) of the Water Resources Development Act 
of 1986 (33 U.S.C. 2232(f)) before the date of enactment 
of this Act. 
SEC. 109. CONTRIBUTIONS BY NON-FEDERAL INTERESTS. 
(a) IN GENERAL.—Section 5 of the Act entitled ‘‘An 
Act authorizing the construction of certain public works 
on rivers and harbors for flood control, and for other pur-
poses’’, approved June 22, 1936 (33 U.S.C. 701h), is 
amended— 
(1) by striking ‘‘from States and political sub-
divisions thereof,’’ and inserting ‘‘from a non-Fed-
eral interest (as defined in section 221 of the Flood 
Control Act of 1970 (42 U.S.C. 1962d–5b))’’; 
(2) by striking ‘‘, which includes planning and 
design’’; 
(3) by inserting ‘‘, including a project for navi-
gation on the inland waterways,’’ after ‘‘study or 
project’’; 
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(4) by striking ‘‘by States and political subdivi-
sions thereof,’’ and inserting ‘‘by a non-Federal in-
terest’’; 
(5) by striking ‘‘: Provided further, That the 
term ‘States’ means the several States, the District 
of Columbia, the commonwealths, territories, and 
possessions of the United States, and Federally rec-
ognized Indian tribes’’; and 
(6) by inserting ‘‘: And provided further, That 
the term ‘work’ means the planning, design, or con-
struction of an authorized water resources develop-
ment study or project, or the repair, restoration, or 
replacement of an authorized water resources devel-
opment project that has been damaged by an event 
or incident that results in a declaration by the Presi-
dent of a major disaster or emergency pursuant to 
the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.)’’ 
after ‘‘contributing interests’’. 
(b) NOTIFICATION
FOR CONTRIBUTED FUNDS.— 
Prior to the initiation of negotiations for accepting con-
tributed funds under section 5 of the Act entitled ‘‘An Act 
authorizing the construction of certain public works on 
rivers and harbors for flood control, and for other pur-
poses’’, approved June 22, 1936 (33 U.S.C. 701h), the 
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Secretary shall provide written notice to the Committee 
on Transportation and Infrastructure and the Committee 
on Appropriations of the House of Representatives and the 
Committee on Environment and Public Works and the 
Committee on Appropriations of the Senate. 
(c) TECHNICAL AMENDMENTS.—The following provi-
sions are repealed: 
(1) Section 111(b) of the Energy and Water 
Development and Related Agencies Appropriations 
Act, 2012 (125 Stat. 858). 
(2) Section 4 of the Act entitled ‘‘An Act mak-
ing appropriations for the construction, repair, and 
preservation of certain public works on rivers and 
harbors, and for other purposes’’, approved March 4, 
1915 (33 U.S.C. 560). 
SEC. 110. CONTRIBUTIONS BY NON-FEDERAL INTERESTS 
FOR MANAGEMENT OF CORPS OF ENGINEERS 
INLAND NAVIGATION FACILITIES. 
(a) IN GENERAL.—Section 225 of the Water Re-
sources Development Act of 1992 (33 U.S.C. 2328) is 
amended— 
(1) by striking the section designation and 
heading and inserting the following: 
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‘‘SEC. 225. CONTRIBUTIONS BY NON-FEDERAL INTERESTS 
FOR MANAGEMENT OF CORPS OF ENGINEERS 
FACILITIES.’’; 
(2) in subsection (a) by striking ‘‘managing 
recreation facilities’’ and inserting ‘‘operating, main-
taining, and managing inland navigational facilities, 
recreational facilities,’’; and 
(3) in subsection (b) by striking ‘‘and manage-
ment of recreation facilities’’ and inserting ‘‘, main-
tenance, and management of inland navigation facili-
ties, recreational facilities,’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
contained in section 1(b) of the Water Resources Develop-
ment Act of 1992 is amended by striking the item relating 
to section 225 and inserting the following: 
‘‘225. Contributions by non-Federal interests for management of Corps of Engi-
neers facilities.’’. 
SEC. 111. ADDITIONAL CONTRIBUTIONS BY NON-FEDERAL 
INTERESTS. 
Section 902 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2280) is amended— 
(1) by striking ‘‘In order to insure’’ and insert-
ing ‘‘(a) IN GENERAL.—In order to insure’’; and 
(2) by adding at the end the following: 
‘‘(b) CONTRIBUTIONS
BY
NON-FEDERAL
INTER-
ESTS.—Notwithstanding subsection (a), in accordance 
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with section 5 of the Act entitled ‘An Act authorizing the 
construction of certain public works on rivers and harbors 
for flood control, and for other purposes’, approved June 
22, 1936 (33 U.S.C. 701h), the Secretary may accept 
funds from a non-Federal interest for any authorized 
water resources development project that has exceeded its 
maximum cost under subsection (a), and use such funds 
to carry out such project, if the use of such funds does 
not increase the Federal share of the cost of such 
project.’’. 
SEC. 112. CONTRIBUTIONS BY NON-FEDERAL INTERESTS 
PRIOR TO AUTHORIZATION OF FINAL FEASI-
BILITY REPORTS. 
(a) IN GENERAL.—Subject to subsection (b), a non- 
Federal interest may carry out a project for which— 
(1) a final feasibility report has been completed; 
and 
(2) authority for the Secretary to carry out 
such project has not specifically been authorized by 
Congress. 
(b) CONDITIONS.—The non-Federal interest— 
(1) shall, before carrying out the project, obtain 
any permit, approval, or authorization required pur-
suant to Federal or State law; and 
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(2) shall carry out the project in accordance 
with the plan, and subject to the conditions, de-
scribed in the final feasibility report. 
(c) CREDIT, REIMBURSEMENT, AND FUTURE MAIN-
TENANCE.— 
(1) ELIGIBILITY FOR CREDIT OR REIMBURSE-
MENT.—Subject to paragraph (4), and in accordance 
with section 221 of the Flood Control Act of 1970 
(42 U.S.C. 1962d–5b), a non-Federal interest may 
be eligible for credit or reimbursement for the Fed-
eral share of any work carried out by the non-Fed-
eral interest under this section. 
(2) ELIGIBILITY FOR MAINTENANCE OF NAVI-
GATION PROJECTS.—Subject to paragraph (4), and 
in accordance with section 211(h) of the Water Re-
sources Development of Act of 1996 (33 U.S.C. 
701b–13(h), whenever a non-Federal interest con-
structs improvements to a harbor or inland harbor 
under this section, the Secretary shall be responsible 
for maintenance of such harbor. 
(3) LIMITATION.—Any activities carried out 
under this section are authorized only to the extent 
specifically provided for in subsequent appropria-
tions Acts. 
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(4) IMPLEMENTATION.—Paragraphs (1), (2), 
and (3) shall not apply unless— 
(A) all laws and regulations that would 
apply to the Secretary if the Secretary were 
carrying out the project were applied by the 
non-Federal interest during construction of the 
project; and 
(B) the project is subsequently specifically 
authorized by Congress. 
(5) IN-KIND
CONTRIBUTIONS.—Absent a spe-
cific subsequent authorization by Congress, the non- 
Federal interest shall not be reimbursed or receive 
credit for in-kind contributions. 
SEC. 113. CLARIFICATION OF IMPACTS TO OTHER FEDERAL 
FACILITIES. 
In any case where the modification or construction 
of a water resources development project carried out by 
the Secretary adversely impacts other Federal facilities, 
the Secretary may accept from other Federal agencies 
such funds as may be necessary to address the adverse 
impact, including by removing, relocating, or recon-
structing such facilities. 
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SEC. 114. CLARIFICATION OF PREVIOUSLY AUTHORIZED 
WORK. 
(a) IN GENERAL.—The Secretary may carry out 
measures to improve fish species habitat within the bound-
aries and downstream of a water resources project con-
structed by the Secretary that includes a fish hatchery if 
the Secretary— 
(1) has been explicitly authorized to compensate 
for fish losses associated with the project; and 
(2) determines that the measures are— 
(A) feasible; 
(B) consistent with authorized project pur-
poses and the fish hatchery; and 
(C) in the public interest. 
(b) COST SHARING.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the non-Federal interest shall contribute 35 percent 
of the total cost of carrying out activities under this 
section, including the costs relating to the provision 
or acquisition of required land, easements, rights-of- 
way, dredged material disposal areas, and reloca-
tions. 
(2) OPERATION AND MAINTENANCE.—The non- 
Federal interest shall contribute 100 percent of the 
costs of operation, maintenance, replacement, repair, 
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and rehabilitation of the measures carried out under 
this section. 
SEC. 115. TRIBAL PARTNERSHIP PROGRAM. 
(a) IN GENERAL.—Section 203 of the Water Re-
sources Development Act of 2000 (33 U.S.C. 2269) is 
amended— 
(1) in subsection (d)(1)(B)— 
(A) by striking ‘‘The ability’’ and inserting 
the following: 
‘‘(i) IN GENERAL.—The ability’’; and 
(B) by adding at the end the following: 
‘‘(ii) 
DETERMINATION.—Not 
later 
than 180 days after the date of enactment 
of the Water Resources Reform and Devel-
opment Act of 2013, the Secretary shall 
issue guidance on the procedures described 
in clause (i).’’; and 
(2) by striking subsection (e) and inserting the 
following: 
‘‘(e) RESTRICTIONS.—The Secretary is authorized to 
carry out activities under this section in fiscal years 2014 
through 2023.’’. 
(b) COOPERATIVE
AGREEMENTS
WITH
INDIAN 
TRIBES.—The Secretary may enter into a cooperative 
agreement with an Indian tribe (or a designated represent-
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ative of an Indian tribe) to carry out authorized activities 
of the Corps of Engineers to protect fish, wildlife, water 
quality, and cultural resources. 
SEC. 116. TECHNICAL CORRECTIONS. 
(a) LIMITATION; STATUTORY CONSTRUCTION.—Sec-
tion 221(a)(4)(E) of the Flood Control Act of 1970 (42 
U.S.C. 1962d–5b(a)(4)(E)) is amended by striking clause 
(ii) and inserting the following: 
‘‘(ii) LIMITATION.—In any case in 
which a specific provision of law provides 
for a non-Federal interest to receive credit 
toward the non-Federal share of the cost 
of a study for, or construction or operation 
and maintenance of, a water resources 
project, the Secretary shall apply— 
‘‘(I) the specific provision of law 
instead of this paragraph; or 
‘‘(II) at the request of the non- 
Federal interest, the specific provision 
of law and such provisions of this 
paragraph as the non-Federal interest 
may request. 
‘‘(iii) STATUTORY
CONSTRUCTION.— 
Nothing in this subparagraph may be con-
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strued to affect the applicability of sub-
paragraph (C).’’. 
(b) WATER RESOURCES PROJECT DEFINED.—Sec-
tion 221(b) of such Act (42 U.S.C. 1962d–5b(b)) is 
amended— 
(1) by moving paragraphs (1) and (2) and the 
matter following paragraph (2) 2 ems to the right; 
(2) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively; 
(3) by striking ‘‘(b) DEFINITION’’ and all that 
follows through ‘‘The term’’ and inserting the fol-
lowing: 
‘‘(b) DEFINITIONS.— 
‘‘(1) NON-FEDERAL
INTEREST.—The term’’; 
and 
(4) by adding at the end the following: 
‘‘(2) WATER RESOURCES PROJECT.—The term 
‘water resources project’ includes projects studied, 
reviewed, designed, constructed, operated and main-
tained, or otherwise subject to Federal participation 
under the authority of the civil works program of 
the Secretary of the Army for the purposes of navi-
gation, flood damage reduction, ecosystem restora-
tion, hurricane and storm damage reduction, water 
supply, recreation, hydroelectric power, fish and 
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wildlife conservation, water quality, environmental 
infrastructure, resource protection and development, 
and related purposes.’’. 
(c) CORRECTION.—Section 221(c) of such Act (42 
U.S.C. 1962d–5b(c)) is amended by striking ‘‘enforcible’’ 
and inserting ‘‘enforceable’’. 
(d) FEDERAL ALLOCATION.—Section 2008(a) of the 
Water Resources Development Act of 2007 (33 U.S.C. 
2340(a)) is amended by adding at the end the following: 
‘‘This subsection shall apply without regard to whether the 
original partnership agreement was entered into before, 
on, or after the date of enactment of this subsection.’’. 
(e) IN-KIND CREDIT.—Section 221(a)(4)(C) of the 
Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(C)) 
is amended by striking ‘‘In any case’’ and all that follows 
through the period at the end and inserting the following: 
‘‘(i) CONSTRUCTION.— 
‘‘(I) IN GENERAL.—In any case 
in which the non-Federal interest is to 
receive credit under subparagraph (A) 
for the cost of construction carried 
out by the non-Federal interest before 
execution of a partnership agreement 
and that construction has not been 
carried out as of the date of enact-
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ment of this clause, the Secretary and 
the non-Federal interest shall enter 
into an agreement under which the 
non-Federal interest shall carry out 
such work and shall do so prior to the 
non-Federal interest initiating con-
struction or issuing a written notice to 
proceed for the construction. 
‘‘(II) 
ELIGIBILITY.—Construc-
tion that is carried out after the exe-
cution of an agreement under sub-
clause (I) and any design activities 
that are required for that construc-
tion, even if the design activity is car-
ried out prior to the execution of the 
agreement, shall be eligible for credit. 
‘‘(ii) PLANNING.— 
‘‘(I) IN GENERAL.—In any case 
in which the non-Federal interest is to 
receive credit under subparagraph (A) 
for the cost of planning carried out by 
the non-Federal interest before execu-
tion of a feasibility cost sharing agree-
ment, the Secretary and the non-Fed-
eral interest shall enter into an agree-
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ment under which the non-Federal in-
terest shall carry out such planning 
and shall do so prior to the non-Fed-
eral interest initiating that planning. 
‘‘(II) 
ELIGIBILITY.—Planning 
that is carried out by the non-Federal 
interest after the execution of an 
agreement under subclause (I) shall 
be eligible for credit.’’. 
SEC. 
117. 
WATER 
INFRASTRUCTURE 
PUBLIC-PRIVATE 
PARTNERSHIP PILOT PROGRAM. 
(a) IN GENERAL.—The Secretary shall establish a 
pilot program to evaluate the cost effectiveness and project 
delivery efficiency of allowing non-Federal interests to 
carry out authorized water resources development projects 
for coastal harbor improvement, channel improvement, in-
land navigation, flood damage reduction, aquatic eco-
system restoration, and hurricane and storm damage re-
duction. 
(b) PURPOSES.—The purposes of the pilot program 
established under subsection (a) are— 
(1) to identify cost-saving project delivery alter-
natives that reduce the backlog of authorized Corps 
of Engineers projects; and 
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(2) to evaluate the technical, financial, and or-
ganizational benefits of allowing a non-Federal inter-
est to carry out and manage the design or construc-
tion (or both) of 1 or more of such projects. 
(c) SUBSEQUENT APPROPRIATIONS.—Any activity 
undertaken under this section is authorized only to the 
extent specifically provided for in subsequent appropria-
tions Acts. 
(d) ADMINISTRATION.—In carrying out the pilot pro-
gram established under subsection (a), the Secretary 
shall— 
(1) identify for inclusion in the program at 
least 15 projects that are authorized for construction 
for coastal harbor improvement, channel improve-
ment, inland navigation, flood damage reduction, or 
hurricane and storm damage reduction; 
(2) notify in writing the Committee on Trans-
portation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment and 
Public Works of the Senate of each project identified 
under paragraph (1); 
(3) in consultation with the non-Federal inter-
est associated with each project identified under 
paragraph (1), develop a detailed project manage-
ment plan for the project that outlines the scope, fi-
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nancing, budget, design, and construction resource 
requirements necessary for the non-Federal interest 
to execute the project, or a separable element of the 
project; 
(4) at the request of the non-Federal interest 
associated with each project identified under para-
graph (1), enter into a project partnership agree-
ment with the non-Federal interest under which the 
non-Federal interest is provided full project manage-
ment control for the financing, design, or construc-
tion (or any combination thereof) of the project, or 
a separable element of the project, in accordance 
with plans approved by the Secretary; 
(5) following execution of a project partnership 
agreement under paragraph (4) and completion of 
all work under the agreement, issue payment, in ac-
cordance with subsection (g), to the relevant non- 
Federal interest for that work; and 
(6) regularly monitor and audit each project 
carried out under the program to ensure that all ac-
tivities related to the project are carried out in com-
pliance with plans approved by the Secretary and 
that construction costs are reasonable. 
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(e) SELECTION CRITERIA.—In identifying projects 
under subsection (d)(1), the Secretary shall consider the 
extent to which the project— 
(1) is significant to the economy of the United 
States; 
(2) leverages Federal investment by encour-
aging non-Federal contributions to the project; 
(3) employs innovative project delivery and 
cost-saving methods; 
(4) received Federal funds in the past and expe-
rienced delays or missed scheduled deadlines; 
(5) has unobligated Corps of Engineers funding 
balances; and 
(6) has not received Federal funding for recapi-
talization and modernization since the project was 
authorized. 
(f) DETAILED PROJECT SCHEDULE.—Not later than 
180 days after entering into a project partnership agree-
ment under subsection (d)(4), a non-Federal interest, to 
the maximum extent practicable, shall submit to the Sec-
retary a detailed project schedule for the relevant project, 
based on estimated funding levels, that specifies deadlines 
for each milestone with respect to the project. 
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(g) PAYMENT.—Payment to the non-Federal interest 
for work completed pursuant to a project partnership 
agreement under subsection (d)(4) may be made from— 
(1) if applicable, the balance of the unobligated 
amounts appropriated for the project; 
(2) other amounts appropriated to the Corps of 
Engineers, except that the total amount transferred 
to the non-Federal interest may not exceed the esti-
mate of the Federal share of the cost of construc-
tion, including any required design; and 
(3) revenue generated by the project. 
(h) TECHNICAL ASSISTANCE.—At the request of a 
non-Federal interest participating in the pilot program es-
tablished under subsection (a), the Secretary may provide 
to the non-Federal interest, if the non-Federal interest 
contracts with and compensates the Secretary, technical 
assistance with respect to— 
(1) a study, engineering activity, or design ac-
tivity related to a project carried out by the non- 
Federal interest under the program; and 
(2) obtaining permits necessary for such a 
project. 
(i) IDENTIFICATION OF IMPEDIMENTS.— 
(1) IN GENERAL.—The Secretary shall— 
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(A) except as provided in paragraph (2), 
identify any procedural requirements under the 
authority of the Secretary that impede greater 
use of public-private partnerships and private 
investment in water resources development 
projects; 
(B) develop and implement, on a project- 
by-project basis, procedures and approaches 
that— 
(i) address such impediments; and 
(ii) protect the public interest and any 
public investment in water resources devel-
opment projects that involve public-private 
partnerships or private investment in water 
resources development projects; and 
(C) not later than 1 year after the date of 
enactment of this section, issue rules to carry 
out the procedures and approaches developed 
under subparagraph (B). 
(2) RULE OF CONSTRUCTION.—Nothing in this 
section may be construed to allow the Secretary to 
waive any requirement under— 
(A) sections 3141 through 3148 and sec-
tions 3701 through 3708 of title 40, United 
States Code; 
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(B) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); or 
(C) any other provision of Federal law. 
(j) PUBLIC BENEFIT STUDIES.— 
(1) IN
GENERAL.—Before entering into a 
project partnership agreement under subsection 
(d)(4), the Secretary shall conduct an assessment of 
whether, and provide justification in writing to the 
Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on 
Environment and Public Works of the Senate that, 
the proposed agreement provides better public and 
financial benefits than a similar transaction using 
public funding or financing. 
(2) REQUIREMENTS.—An assessment under 
paragraph (1) shall— 
(A) be completed in a period of not more 
than 90 days; 
(B) take into consideration any supporting 
materials and data submitted by the relevant 
non-Federal interest and other stakeholders; 
and 
(C) 
determine 
whether 
the 
proposed 
project partnership agreement is in the public 
interest by determining whether the agreement 
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will provide public and financial benefits, in-
cluding expedited project delivery and savings 
for taxpayers. 
(k) NON-FEDERAL FUNDING.—A project carried out 
under the pilot program established under subsection (a) 
may consist of the non-Federal interest financing the non- 
Federal share of the project. 
(l) APPLICABILITY OF FEDERAL LAW.—Any provi-
sion of Federal law that would apply to the Secretary if 
the Secretary were carrying out a project shall apply to 
a non-Federal interest carrying out a project under this 
section. 
(m) COST SHARE.—Nothing in this section affects a 
cost-sharing requirement under Federal law that is appli-
cable to a project carried out under the pilot program es-
tablished under subsection (a). 
(n) REPORT.—Not later than 3 years after the date 
of enactment of this Act, the Secretary shall submit to 
the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Envi-
ronment and Public Works of the Senate a report describ-
ing the results of the pilot program established under sub-
section (a), including any recommendations of the Sec-
retary concerning whether the program or any component 
of the program should be implemented on a national basis. 
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(o) NON-FEDERAL INTEREST DEFINED.—In this 
section, the term ‘‘non-Federal interest’’ includes non- 
Federal government entities and private entities. 
SEC. 118. ANNUAL REPORT TO CONGRESS. 
(a) IN GENERAL.—Not later than February 1 of each 
year, the Secretary shall develop and submit to the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Environment 
and Public Works of the Senate an annual report, to be 
entitled ‘‘Report to Congress on Future Water Resources 
Development’’, that identifies the following: 
(1) FEASIBILITY
REPORTS.—Each feasibility 
report that meets the criteria established in sub-
section (c)(1)(A). 
(2) PROPOSED
FEASIBILITY
STUDIES.—Any 
proposed feasibility study submitted to the Secretary 
by a non-Federal interest pursuant to subsection (b) 
that meets the criteria established in subsection 
(c)(1)(A). 
(3) PROPOSED MODIFICATIONS.—Any proposed 
modification to an authorized water resources devel-
opment project or feasibility study that meets the 
criteria established in subsection (c)(1)(A) that— 
(A) is submitted to the Secretary by a non- 
Federal interest pursuant to subsection (b); or 
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(B) is identified by the Secretary for au-
thorization. 
(b) REQUESTS FOR PROPOSALS.— 
(1) PUBLICATION.—Not later than May 1 of 
each year, the Secretary shall publish in the Federal 
Register a notice requesting proposals from non- 
Federal interests for proposed feasibility studies and 
proposed modifications to authorized water resources 
development projects and feasibility studies to be in-
cluded in the annual report. 
(2) DEADLINE FOR REQUESTS.—The Secretary 
shall include in each notice required by this sub-
section a requirement that non-Federal interests 
submit to the Secretary any proposals described in 
paragraph (1) by not later than 120 days after the 
date of publication of the notice in the Federal Reg-
ister in order for such proposals to be considered for 
inclusion in the annual report. 
(3) NOTIFICATION.—On the date of publication 
of each notice required by this subsection, the Sec-
retary shall— 
(A) make the notice publicly available, in-
cluding on the Internet; and 
(B) provide written notification of such 
publication to the Committee on Transportation 
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and Infrastructure of the House of Representa-
tives and the Committee on Environment and 
Public Works of the Senate. 
(c) CONTENTS.— 
(1) FEASIBILITY REPORTS, PROPOSED FEASI-
BILITY STUDIES, AND PROPOSED MODIFICATIONS.— 
(A) CRITERIA
FOR
INCLUSION
IN
RE-
PORT.—The Secretary shall include in the an-
nual report only those feasibility reports, pro-
posed feasibility studies, and proposed modifica-
tions to authorized water resources development 
projects and feasibility studies that— 
(i) are related to the missions and au-
thorities of the Corps of Engineers; 
(ii) require specific authorization by 
Congress in law or otherwise; 
(iii) are not authorized by Congress; 
(iv) have not been included in any 
previous annual report; and 
(v) if authorized, could be carried out 
by the Corps of Engineers. 
(B) DESCRIPTION
OF
BENEFITS.—For 
each proposed feasibility study and proposed 
modification to an authorized water resources 
development project or feasibility study included 
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in the annual report, the Secretary shall de-
scribe the potential benefit of the proposed fea-
sibility study or modification, including, to the 
extent applicable, whether the water resources 
development project that is the subject of the 
proposed feasibility study, or the proposed 
modification, will— 
(i) reduce risks to human life or pub-
lic safety or property; 
(ii) benefit the national economy; 
(iii) stimulate the creation of jobs; 
(iv) reduce the need for future dis-
aster relief; 
(v) promote the development and de-
livery of domestic energy resources; 
(vi) improve the competitiveness of 
United States exports; 
(vii) improve water-related transpor-
tation for interstate or international com-
merce; 
(viii) restore or protect, or mitigate 
the impacts of a water resources develop-
ment project on, the environment; or 
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(ix) promote the use of cost-effective 
and sustainable solutions to water re-
sources challenges. 
(2) TRANSPARENCY.—The Secretary shall in-
clude in the annual report, for each feasibility re-
port, proposed feasibility study, and proposed modi-
fication to an authorized water resources develop-
ment project or feasibility study included under 
paragraph (1)(A)— 
(A) the name of the associated non-Fed-
eral interest, including the name of any non- 
Federal interest that has contributed, or is ex-
pected to contribute, a non-Federal share of the 
cost of— 
(i) the feasibility report; 
(ii) the proposed feasibility study; 
(iii) the authorized feasibility study 
for which the modification is proposed; or 
(iv) construction of— 
(I) the water resources develop-
ment project that is the subject of— 
(aa) the feasibility report; 
(bb) the proposed feasibility 
study; or 
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(bb) the authorized feasi-
bility study for which a modifica-
tion is proposed, with respect to 
the change in costs resulting 
from such modification; or 
(II) the proposed modification to 
an authorized water resources devel-
opment project; and 
(E) an estimate, to the extent practicable, 
of the monetary and nonmonetary benefits of— 
(i) the water resources development 
project that is the subject of— 
(I) the feasibility report; 
(II) 
the 
proposed 
feasibility 
study; or 
(III) the authorized feasibility 
study for which a modification is pro-
posed, with respect to the benefits of 
such modification; or 
(ii) the proposed modification to an 
authorized water resources development 
project. 
(3) CERTIFICATION.—The Secretary shall in-
clude in the annual report a certification stating 
that each feasibility report, proposed feasibility 
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study, and proposed modification to an authorized 
water resources development project or feasibility 
study included in the annual report meets the cri-
teria in paragraph (1)(A). 
(4) APPENDIX.—The Secretary shall include in 
the annual report an appendix listing the proposals 
submitted under subsection (b) that were not in-
cluded in the annual report under paragraph (1)(A) 
and a description of why the Secretary determined 
that those proposals did not meet the criteria for in-
clusion under such paragraph. 
(d) SPECIAL RULE FOR INITIAL ANNUAL REPORT.— 
Notwithstanding any other deadlines required by this sec-
tion, the Secretary shall— 
(1) not later than 30 days after the date of en-
actment of this Act, publish in the Federal Register 
a notice required by subsection (b)(1); 
(2) include in such notice a requirement that 
non-Federal interests submit to the Secretary any 
proposals described in subsection (b)(1) by not later 
than 90 days after the date of publication of such 
notice in the Federal Register in order for such pro-
posals to be considered for inclusion in the first an-
nual report developed by the Secretary under this 
section; and 
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(3) not later than 180 days after the date of 
enactment of this Act, submit an annual report to 
the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee 
on Environment and Public Works of the Senate. 
(e) PUBLICATION.—Upon submission of the annual 
report to Congress, the Secretary shall make the annual 
report publicly available, including through publication on 
the Internet. 
(f) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) ANNUAL REPORT.—The term ‘‘annual re-
port’’ means the report required by subsection (a). 
(2) FEASIBILITY
REPORT.—The term ‘‘feasi-
bility report’’ means a final feasibility report devel-
oped under section 905 of the Water Resources De-
velopment Act of 1986 (33 U.S.C. 2282), and in-
cludes— 
(A) a report described in section 105(d)(2) 
of such Act (33 U.S.C. 2215(d)(2)); and 
(B) where applicable, any associated report 
of the Chief of Engineers. 
(3) FEASIBILITY STUDY.—The term ‘‘feasibility 
study’’ has the meaning given that term in section 
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105 of the Water Resources Development Act of 
1986 (33 U.S.C. 2215). 
(4) NON-FEDERAL INTEREST.—The term ‘‘non- 
Federal interest’’ has the meaning given that term 
in section 221 of the Flood Control Act of 1970 (42 
U.S.C. 1962d–5b). 
SEC. 119. ACTIONS TO BE TAKEN IN CONJUNCTION WITH 
THE PRESIDENT’S ANNUAL BUDGET SUBMIS-
SION TO CONGRESS. 
(a) RECOMMENDATIONS FOR CORPS OF ENGINEERS 
CONSTRUCTION PROJECTS IN PRESIDENT’S BUDGET.— 
(1) IN GENERAL.—For each fiscal year, as part 
of the President’s annual budget submission to Con-
gress under section 1105(a) of title 31, United 
States Code, the President shall— 
(A) identify and recommend Corps of En-
gineers construction projects for which Con-
gress should provide funding at the full level 
authorized for the project; and 
(B) provide an explanation of the process 
used by the President in making the rec-
ommendations. 
(2) COVERED
PERIOD.—The President shall 
make recommendations under paragraph (1) for the 
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fiscal year for which the budget submission is pre-
pared and each of the succeeding 4 fiscal years. 
(3) BASIS FOR MAKING RECOMMENDATIONS.— 
The President shall base recommendations under 
paragraph 
(1) 
on 
the 
assumption 
that 
$2,000,000,000 will be appropriated for Corps of 
Engineers construction projects for each fiscal year. 
(b) MISSOURI RIVER BASIN.—To assist in the 
prioritization of Federal activities carried out related to 
the project for mitigation of fish and wildlife losses, Mis-
souri River Bank Stabilization and Navigation Project, 
Missouri, Kansas, Iowa, and Nebraska, authorized by sec-
tion 601(a) of the Water Resources Development Act of 
1986 (100 Stat. 4143), and in conjunction with the Presi-
dent’s submission to Congress of a budget under section 
1105(a) of title 31, United States Code, the Secretary 
shall submit to Congress a report that provides— 
(1) an inventory of all Federal actions taken 
and a prioritization of all Federal actions planned in 
furtherance of the project, including an inventory of 
lands owned, acquired, or directly controlled by the 
Federal Government, and lands enrolled in federally 
assisted conservation programs; 
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(2) a description of the specific Federal actions 
proposed for the upcoming fiscal year in furtherance 
of the project; 
(3) an assessment of the progress made in fur-
therance of the project, including a description of 
how each of the actions identified under paragraph 
(1) have impacted such progress; and 
(4) an assessment of additional actions nec-
essary to achieve the results of the project. 
SEC. 120. HURRICANE AND STORM DAMAGE REDUCTION 
STUDY. 
As part of the study for flood and storm damage re-
duction related to natural disasters to be carried out by 
the Secretary under title II of division A of the Disaster 
Relief Appropriations Act, 2013, under the heading ‘‘De-
partment of the Army—Corps of Engineers—Civil—In-
vestigations’’ (127 Stat. 5), the Secretary shall make spe-
cific project recommendations. In making recommenda-
tions pursuant to this section, the Secretary shall consult 
with key stakeholders, including State, county, and city 
governments, and, where applicable, State and local water 
districts, and in the case of recommendations concerning 
projects that substantially affect communities served by 
historically Black colleges and universities, Tribal Colleges 
and Universities, and other minority-serving institutions, 
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the Secretary shall also consult with such colleges, univer-
sities, and institutions. The Secretary shall include those 
recommendations in the report entitled ‘‘Report to Con-
gress on Future Water Resources Development’’, devel-
oped in accordance with this Act. 
SEC. 121. NON-FEDERAL PLANS TO PROVIDE ADDITIONAL 
FLOOD RISK REDUCTION. 
(a) IN GENERAL.—If requested by a non-Federal in-
terest, the Secretary shall carry out a locally preferred 
plan that provides a higher level of protection than a flood 
risk management project authorized under this Act if the 
Secretary determines that— 
(1) the plan is technically feasible and environ-
mentally acceptable; and 
(2) the benefits of the plan exceed the costs of 
the plan. 
(b) NON-FEDERAL COSTS.—If the Secretary carries 
out a locally preferred plan under subsection (a), the cost 
attributable to the higher level of protection provided 
under the plan shall be paid by the non-Federal interest. 
SEC. 122. REVIEW OF EMERGENCY RESPONSE AUTHORI-
TIES. 
(a) IN GENERAL.—The Secretary shall undertake a 
review of implementation of section 5 of the Act entitled 
‘‘An Act authorizing the construction of certain public 
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works on rivers and harbors for flood control, and for 
other purposes’’, approved August 18, 1941 (33 U.S.C. 
701n), to evaluate the alternatives available to the Sec-
retary to ensure— 
(1) the safety of affected communities to future 
flooding and storm events; 
(2) the resiliency of water resources develop-
ment projects to future flooding and storm events; 
(3) the long-term cost effectiveness of water re-
sources development projects that provide flood con-
trol and hurricane and storm damage reduction ben-
efits; and 
(4) the policy goals and objectives that have 
been outlined by the President as a response to re-
cent extreme weather events, including Hurricane 
Sandy, that relate to preparing for future floods are 
met. 
(b) SCOPE OF REVIEW.—In carrying out the review, 
the Secretary shall— 
(1) review the historical precedents and imple-
mentation of section 5 of such Act, including those 
actions undertaken by the Secretary, over time, 
under that section— 
(A) to repair or restore a project; and 
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(B) to increase the level of protection for 
a damaged project to address future conditions; 
(2) evaluate the difference between adopting, as 
an appropriate standard under section 5 of such 
Act, the repair or restoration of a project to pre- 
flood or pre-storm levels and the repair or restora-
tion of a project to a design level of protection, in-
cluding an assessment for each standard of— 
(A) the implications on populations at risk 
of flooding or damage; 
(B) the implications on probability of loss 
of life; 
(C) the implications on property values at 
risk of flooding or damage; 
(D) the implications on probability of in-
creased property damage and associated costs; 
(E) the implications on local and regional 
economies; and 
(F) the estimated total cost and estimated 
cost savings; 
(3) review and evaluate the historic and poten-
tial uses, and economic feasibility for the life of the 
project, of nonstructural alternatives, including nat-
ural features such as dunes, coastal wetlands, 
floodplains, marshes, and mangroves, to reduce the 
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damage caused by floods, storm surges, winds, and 
other aspects of extreme weather events, and to in-
crease the resiliency and long-term cost-effectiveness 
of water resources development projects; 
(4) incorporate the science on expected rates of 
sea-level rise and extreme weather events; and 
(5) incorporate the work completed by the Hur-
ricane Sandy Rebuilding Task Force, established by 
Executive Order No. 13632 (December 7, 2012). 
(c) REPORT TO CONGRESS.—Not later than 1 year 
after the date of enactment of this section, the Secretary 
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate 
a report on the results of the review. 
SEC. 123. EMERGENCY COMMUNICATION OF RISK. 
(a) IN GENERAL.—In any river basin where the Sec-
retary carries out flood risk management activities subject 
to an annual operating plan, the Secretary shall establish 
procedures for providing the public and affected govern-
ments, including Indian tribes, in the river basin with— 
(1) timely information regarding expected water 
levels; 
(2) advice regarding appropriate preparedness 
actions; 
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(3) technical assistance; and 
(4) any other information or assistance deter-
mined appropriate by the Secretary. 
(b) PUBLIC AVAILABILITY
OF INFORMATION.—To 
the maximum extent practicable, the Secretary, in coordi-
nation with the Administrator of the Federal Emergency 
Management Agency, shall make the information required 
under subsection (a) available to the public through widely 
used and readily available means, including on the Inter-
net. 
(c) PROCEDURES.—The Secretary shall utilize the 
procedures only when precipitation or runoff exceeds those 
calculations considered as the lowest risk to life and prop-
erty contemplated by the annual operating plan. 
(d) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) AFFECTED GOVERNMENT.—The term ‘‘af-
fected government’’ means a State, local, or tribal 
government with jurisdiction over an area that will 
be affected by a flood. 
(2) ANNUAL OPERATING PLAN.—The term ‘‘an-
nual operating plan’’ means a plan prepared by the 
Secretary that describes potential water condition 
scenarios for a river basin for a year. 
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SEC. 124. IMPROVEMENTS TO THE NATIONAL DAM SAFETY 
PROGRAM ACT. 
(a) ADMINISTRATOR.— 
(1) IN GENERAL.—The National Dam Safety 
Program Act (33 U.S.C. 467 et seq.) is amended by 
striking ‘‘Director’’ each place it appears and insert-
ing ‘‘Administrator’’. 
(2) CONFORMING
AMENDMENT.—Section 2(3) 
of such Act (33 U.S.C. 467(3)) is amended in the 
paragraph heading by striking ‘‘DIRECTOR’’ and in-
serting ‘‘ADMINISTRATOR’’. 
(b) INSPECTION OF DAMS.—Section 3(b)(1) of such 
Act (33 U.S.C. 467a(b)(1)) is amended by striking ‘‘or 
maintenance’’ and inserting ‘‘maintenance, condition, or 
provision for emergency operations’’. 
(c) NATIONAL DAM SAFETY PROGRAM.— 
(1) OBJECTIVES.—Section 8(c)(4) of such Act 
(33 U.S.C. 467f(c)(4)) is amended to read as fol-
lows: 
‘‘(4) develop and implement a comprehensive 
dam safety hazard education and public awareness 
initiative to assist the public in mitigating against, 
preparing for, responding to, and recovering from 
dam incidents;’’. 
(2) BOARD.—Section 8(f)(4) of such Act (33 
U.S.C. 467f(f)(4)) is amended by inserting ‘‘, rep-
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resentatives from nongovernmental organizations,’’ 
after ‘‘State agencies’’. 
SEC. 125. RESTRICTED AREAS AT CORPS OF ENGINEERS 
DAMS. 
Section 2 of the Freedom to Fish Act (Public Law 
113–13; 127 Stat. 449) is amended— 
(1) in subsection (b)(1) by striking ‘‘until the 
date that is 2 years after the date of enactment of 
this Act’’; 
(2) in the heading of subsection (c) by inserting 
‘‘OR MODIFIED’’ after ‘‘NEW’’; and 
(3) in subsection (c)— 
(A) in matter preceding paragraph (1) by 
inserting ‘‘new or modified’’ after ‘‘establishes 
any’’; and 
(B) in paragraph (3) by striking ‘‘until the 
date that is 2 years after the date of enactment 
of this Act’’ and inserting ‘‘until the Secretary 
has complied with the provisions of this sub-
section’’. 
SEC. 126. LEVEE SAFETY. 
Section 22 of the Water Resources Development Act 
of 1974 (42 U.S.C. 1962d–16) is amended by redesig-
nating subsection (e) as subsection (f) and inserting after 
subsection (d) the following: 
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‘‘(e) LEVEE SAFETY.— 
‘‘(1) IN GENERAL.—At the request of a State 
or political subdivision thereof, and in consultation 
with that State and appropriate non-Federal inter-
ests, the Secretary may provide technical assistance 
to a State to— 
‘‘(A) encourage effective State or local pro-
grams intended to ensure levee safety to protect 
human life and property; 
‘‘(B) assist the State or political subdivi-
sion in establishing and carrying out a levee 
safety program; or 
‘‘(C) improve an existing State or local 
levee safety program. 
‘‘(2) PURPOSES.—The purposes of technical as-
sistance provided under this subsection shall be— 
‘‘(A) to ensure that human lives and prop-
erty that are protected by new and existing lev-
ees are safe; 
‘‘(B) to encourage the use of appropriate 
engineering policies and procedures for levee 
site investigation, design, construction, oper-
ation and maintenance, and emergency pre-
paredness; 
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‘‘(C) to encourage effective levee safety 
programs in a State; 
‘‘(D) to develop and support public edu-
cation and awareness projects to increase public 
acceptance and support of levee safety pro-
grams; 
‘‘(E) to build public awareness of the re-
sidual risks associated with living in levee pro-
tected areas; and 
‘‘(F) to develop technical assistance mate-
rials, seminars, and guidelines to improve the 
security of levees in the United States. 
‘‘(3) FEDERAL GUIDELINES.— 
‘‘(A) IN GENERAL.—In carrying out this 
subsection, the Secretary, in consultation with 
States and non-Federal interests, shall establish 
Federal guidelines relating to levee safety. 
‘‘(B) INCORPORATION OF FEDERAL ACTIVI-
TIES.—The guidelines established under sub-
paragraph (A) shall encompass, to the max-
imum extent practicable, activities and practices 
carried out by appropriate Federal agencies. 
‘‘(C) INCORPORATION
OF
STATE
AND 
LOCAL ACTIVITIES.—The guidelines established 
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under subparagraph (A) shall encompass, to the 
maximum extent practicable— 
‘‘(i) the activities and practices car-
ried out by States, local governments, and 
the private sector to safely build, regulate, 
operate, and maintain levees; and 
‘‘(ii) Federal activities that facilitate 
State efforts to develop and implement ef-
fective State programs for the safety of 
levees, including levee inspection, levee re-
habilitation, locally developed flood plain 
management, and public education and 
training programs. 
‘‘(D) REVIEW.—The Secretary shall allow 
States and non-Federal interests, including ap-
propriate stakeholders, to review and comment 
on the guidelines established under subpara-
graph (A) before the guidelines are made final. 
‘‘(4) ASSISTANCE FOR STATE LEVEE SAFETY 
PROGRAMS.— 
‘‘(A) ELIGIBILITY.—To be eligible for tech-
nical assistance under this subsection, a State 
shall— 
‘‘(i) be in the process of establishing 
or have in effect a State levee safety pro-
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gram under which a State levee safety 
agency, in accordance with State law, car-
ries out the guidelines established under 
paragraph (3); and 
‘‘(ii) allocate sufficient funds in the 
budget of that State to carry out such 
State levee safety program. 
‘‘(B) WORK PLANS.—The Secretary shall 
enter into an agreement with each State receiv-
ing technical assistance under this subsection to 
develop a work plan necessary for the State 
levee safety program of that State to reach a 
level of program performance that meets the 
guidelines established under paragraph (3). 
‘‘(C) INSPECTION
PROGRAMS.—The Sec-
retary shall work with States receiving technical 
assistance under this subsection to develop 
State technical guidelines for levee inspection 
programs that— 
‘‘(i) address hazard classifications and 
technically based frameworks for levee as-
sessment; and 
‘‘(ii) are incorporated into State levee 
safety programs. 
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‘‘(D) MAINTENANCE
OF
EFFORT.—Tech-
nical assistance may not be provided to a State 
under this subsection during a fiscal year unless 
the State enters into an agreement with the 
Secretary to ensure that the State will maintain 
during that fiscal year aggregate expenditures 
for programs to ensure levee safety that are at 
or above the average annual level of such ex-
penditures for the State for the 2 fiscal years 
preceding that fiscal year.’’. 
SEC. 127. VEGETATION ON LEVEES. 
(a) REVIEW.—The Secretary of the Army, in accord-
ance with subsection (c), shall undertake a comprehensive 
review of the Corps of Engineers policy guidelines on vege-
tation management for levees (in this section referred to 
as the ‘‘guidelines’’). The Secretary shall commence the 
review upon the date of enactment of this Act. 
(b) FACTORS.— 
(1) IN
GENERAL.—In conducting the review, 
the Secretary shall examine the guidelines in view 
of— 
(A) the varied interests and responsibilities 
in managing flood risks, including the need to 
provide the greatest levee safety benefit with 
limited resources; 
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(B) preserving, protecting, and enhancing 
natural resources, including the potential ben-
efit that vegetation on levees can have in pro-
viding habitat for species of concern; 
(C) protecting the rights of Indian tribes 
pursuant to treaties and statutes; 
(D) determining how vegetation impacts 
the performance of a levee or levee system dur-
ing a storm or flood event; and 
(E) such other factors as the Secretary 
considers appropriate. 
(2) REGIONAL
AND
WATERSHED
CONSIDER-
ATIONS.—In conducting the review, the Secretary 
shall specifically consider factors that promote and 
allow for consideration of potential variances from 
national guidelines on a regional or watershed basis. 
Such factors may include regional or watershed soil 
conditions, hydrologic factors, vegetation patterns 
and characteristics, environmental resources, levee 
performance history, institutional considerations, 
and other relevant factors. The scope of a variance 
approved by the Secretary may include an exemption 
to national guidelines where appropriate. 
(c) COOPERATION AND RECOMMENDATIONS.— 
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(1) IN GENERAL.—The review shall be under-
taken in cooperation with interested Federal agen-
cies and in consultation with interested representa-
tives of State and local governments, Indian tribes, 
appropriate nongovernmental organizations, and the 
public. 
(2) RECOMMENDATIONS.—Corps of Engineers 
Regional Integration Teams, representing districts, 
divisions, and headquarters, in consultation with 
State and Federal resources agencies, and with par-
ticipation by local agencies, shall recommend to the 
Secretary vegetation management policies for levees 
that conform with State and Federal laws and other 
applicable requirements. 
(d) REVISION OF GUIDELINES.— 
(1) IN GENERAL.—During the 1-year period be-
ginning on the date of enactment of this Act, the 
Secretary shall— 
(A) provide the public 30 days to review 
and comment on the guidelines; 
(B) revise the guidelines based on consid-
eration of the results of the public review; and 
(C) submit to Congress a report that con-
tains a summary of the activities of the Sec-
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retary and a description of the findings of the 
Secretary under this section. 
(2) CONTENT; 
INCORPORATION
INTO
MAN-
UAL.—The revised guidelines shall— 
(A) provide a practical process for approv-
ing regional or watershed variances from the 
national guidelines, reflecting due consideration 
of measures to maximize public safety benefits 
with limited resources, levee performance, re-
gional climatic and hydrologic variations, envi-
ronmental quality, implementation challenges, 
and allocation of responsibilities; and 
(B) be incorporated into the manual pro-
posed under section 5(c) of the Act entitled ‘‘An 
Act authorizing the construction of certain pub-
lic works on rivers and harbors for flood con-
trol, and for other purposes’’, approved August 
18, 1941 (33 U.S.C. 701n(c)). 
(e) CONTINUATION
OF
WORK.—Concurrent with 
completion of the requirements of this section, the Sec-
retary shall proceed without interruption or delay with 
those ongoing or programmed projects and studies, or ele-
ments of projects or studies, that are not directly related 
to vegetation variance policy. 
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(f) INTERIM RULE.—Until the date on which revi-
sions to the guidelines are adopted under this section, the 
Secretary shall not require the removal of existing vegeta-
tion as a condition or requirement for any approval or 
funding of a project, or any other action, unless the spe-
cific vegetation has been demonstrated to present an unac-
ceptable safety risk. 
SEC. 128. REDUCTION OF FEDERAL COSTS. 
Section 204(a) of the Water Resources Development 
Act of 1992 (33 U.S.C. 2326(a)) is amended by adding 
at the end the following: 
‘‘(4) REDUCING
COSTS.—To reduce or avoid 
Federal costs, the Secretary shall consider the bene-
ficial use of dredged material in a manner that con-
tributes to the maintenance of sediment resources in 
the nearby coastal system.’’. 
SEC. 129. ADVANCED MODELING TECHNOLOGIES. 
(a) IN GENERAL.—To the greatest extent practicable, 
the Secretary shall encourage and incorporate advanced 
modeling technologies, including 3-dimensional digital 
modeling, for activities related to water resources develop-
ment projects and studies. 
(b) ACTIVITIES.—In carrying out subsection (a), the 
Secretary, to the greatest extent practicable, shall— 
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