SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Water Resources Reform and Development Act of 2013’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definition of Secretary. 
TITLE I—PROGRAM REFORMS AND STREAMLINING 
Sec. 101. Vertical integration and acceleration of studies. 
Sec. 102. Expediting the evaluation and processing of permits. 
Sec. 103. Environmental streamlining. 
Sec. 104. Consolidation of studies. 
Sec. 105. 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 
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 
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 
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. 
(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;
adversely affect the timeline for evaluation (in 
the Corps district in which the project or activ-
ity is located) of permits under the jurisdiction 
of the Department of the Army of other entities 
that have not contributed funds under this sec-
tion.’’; and 
(2) by striking subsection (e). 
SEC. 103. ENVIRONMENTAL STREAMLINING. 
(a) DECLARATION OF POLICY.— 
(1) IN GENERAL.—Congress declares that— 
(A) the benefits of water resources projects 
are important to the Nation’s economy and en-
vironment; 
(B) it is in the national interest to expedite 
the delivery of water resources projects; 
(C) it is in the national interest for Fed-
eral and State agencies, local governments, In-
dian tribes, and other entities involved in water 
resources projects— 
(i) to accelerate study completion and 
project delivery and to reduce costs; and 
(ii) to ensure that the planning, de-
sign, engineering, construction, and fund-
ing of water resources projects is done in 
an efficient and effective manner, pro-
moting accountability for public invest-
ments and encouraging greater local and 
private sector involvement in project fi-
nancing and delivery while addressing pub-
lic safety and protecting the environment; 
and 
(D) delay in the delivery of water resources 
studies and projects— 
(i) increases project costs, flood risks, 
and local and Federal expenditures for 
emergency management and recovery; 
(ii) harms the economy of the United 
States; and 
(iii) impedes the shipment of goods 
for the conduct of commerce. 
(2) POLICY.—Given the declarations set forth 
in paragraph (1), it is the policy of the United 
States that— 
(A) recommendations to Congress regard-
ing such projects should be accelerated by co-
ordinated and efficient environmental reviews 
and cooperative efforts to quickly resolve dis-
putes during the development of water re-
sources projects;
(B) the Secretary shall have the lead role 
among Federal agencies in facilitating the envi-
ronmental review process for water resources 
projects; 
(C) each Federal agency shall cooperate 
with the Secretary to expedite the environ-
mental review process for water resources 
projects; 
(D) programmatic approaches shall be 
used if applicable to reduce the need for 
project-by-project reviews and decisions by Fed-
eral agencies; 
(E) the Secretary shall identify opportuni-
ties for non-Federal sponsors to assume respon-
sibilities of the Secretary if such responsibilities 
can be assumed in a manner that protects pub-
lic health and safety, the environment, and pub-
lic participation; and 
(F) the Assistant Secretary of the Army 
for Civil Works shall identify and promote the 
deployment of innovations aimed at reducing 
the time and money required to deliver water 
resources projects while protecting the environ-
ment. 
(b) STREAMLINED PROJECT DELIVERY.—
(1) IN GENERAL.—Section 2045 of the Water 
Resources Development Act of 2007 (33 U.S.C. 
2348) is amended to read as follows: 
‘‘SEC. 2045. STREAMLINED PROJECT DELIVERY. 
‘‘(a) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) ENVIRONMENTAL IMPACT STATEMENT.— 
The term ‘environmental impact statement’ means 
the detailed statement of environmental impacts re-
quired to be prepared pursuant to the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). 
‘‘(2) ENVIRONMENTAL REVIEW PROCESS.— 
‘‘(A) IN
GENERAL.—The term ‘environ-
mental review process’ means the process of 
preparing an environmental impact statement, 
environmental assessment, categorical exclusion, 
or other document under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) for a project study. 
‘‘(B) INCLUSIONS.—The term ‘environ-
mental review process’ includes the process for 
and completion of any environmental permit, 
approval, review, or study required for a project 
study under any Federal law other than the
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
‘‘(3) FEDERAL JURISDICTIONAL AGENCY.—The 
term ‘Federal jurisdictional agency’ means a Federal 
agency with jurisdiction over a review, analysis, 
opinion, statement, permit, license, or other approval 
or decision required for a project study under appli-
cable Federal laws, including regulations. 
‘‘(4) PROJECT.—The term ‘project’ means a 
Corps of Engineers water resources project. 
‘‘(5) PROJECT
SPONSOR.—The term ‘project 
sponsor’ means the non-Federal interest as defined 
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. 
‘‘(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 
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. 
‘‘(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-
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 
‘‘(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; 
‘‘(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; 
‘‘(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 
‘‘(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.— 
‘‘(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; 
‘‘(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 
‘‘(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— 
‘‘(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 
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. 
‘‘(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. 
‘‘(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-
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.). 
‘‘(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 
‘‘(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 
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; 
‘‘(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-
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.— 
(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 
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, 
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-
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. 
(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-
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’’. 
(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— 
‘‘(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 
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; 
‘‘(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. 
(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’’; 
(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 
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: 
‘‘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 
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 
(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. 
(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.
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,
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-
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-
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
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-
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-
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
(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-
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.
(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.
(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—
(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;
(B) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); or 
(C) any other provision of Federal law. 
(j) PUBLIC BENEFIT STUDIES.— 
(1) IN
GENERAL.—Before entering into a 
project partnership agreement under subsection 
(d)(4), the Secretary shall conduct an assessment of 
whether, and provide justification in writing to the 
Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on 
Environment and Public Works of the Senate that, 
the proposed agreement provides better public and 
financial benefits than a similar transaction using 
public funding or financing. 
(2) REQUIREMENTS.—An assessment under 
paragraph (1) shall— 
(A) be completed in a period of not more 
than 90 days; 
(B) take into consideration any supporting 
materials and data submitted by the relevant 
non-Federal interest and other stakeholders; 
and 
(C) 
determine 
whether 
the 
proposed 
project partnership agreement is in the public 
interest by determining whether the agreement
will provide public and financial benefits, 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.
(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
(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
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
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
(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
(cc) the authorized feasi-
bility study for which a modifica-
tion is proposed; or 
(II) the proposed modification to 
an authorized water resources devel-
opment project; 
(B) a letter or statement of support for the 
feasibility report, proposed feasibility study, or 
proposed modification to an authorized water 
resources development project or feasibility 
study from each associated non-Federal inter-
est; 
(C) the purpose of the feasibility report, 
proposed feasibility study, or proposed modi-
fication to an authorized water resources devel-
opment project or feasibility study; 
(D) an estimate of the Federal, non-Fed-
eral, and total costs of— 
(i) the proposed feasibility study, or 
proposed modification to an authorized 
feasibility study; and 
(ii) construction of— 
(I) the water resources develop-
ment project that is the subject of— 
(aa) the feasibility report; or
(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
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
(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
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
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;
(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,
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
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
(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
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;
(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.
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-
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:
‘‘(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;
‘‘(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
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-
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.
‘‘(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;
(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.—
(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-
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.
(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—
(1) compile information related to advanced 
modeling technologies, including industry best prac-
tices with respect to the use of the technologies; 
(2) disseminate to non-Federal interests the in-
formation described in paragraph (1); and 
(3) promote the use of advanced modeling tech-
nologies. 
(c) 
ADVANCED
MODELING
TECHNOLOGY
DE-
FINED.—In this section, the term ‘‘advanced modeling 
technology’’ means an available or developing technology, 
including 3-dimensional digital modeling, that can expe-
dite project delivery for or improve the evaluation of water 
resources development projects that receive Federal fund-
ing by— 
(1) accelerating and improving the environ-
mental review process; 
(2) increasing effective public participation; 
(3) enhancing the detail and accuracy of project 
designs; 
(4) increasing safety; 
(5) accelerating construction and reducing con-
struction costs; or 
(6) otherwise achieving such purposes.
SEC. 130. ENHANCED USE OF ELECTRONIC COMMERCE IN 
FEDERAL PROCUREMENT. 
(a) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall submit to 
the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Envi-
ronment and Public Works of the Senate a report describ-
ing the Secretary’s actions to carry out section 2301 of 
title 41, United States Code, regarding the use of elec-
tronic commerce in Federal procurement. 
(b) CONTENTS.—The report submitted under sub-
section (a) shall include, with respect to the 2 fiscal years 
most recently ended before the fiscal year in which the 
report is submitted— 
(1) an identification of the number, type, and 
dollar value of procurement solicitations with respect 
to which the public was permitted to respond to the 
solicitation electronically, which shall differentiate 
between solicitations that allowed full or partial elec-
tronic submission; 
(2) an analysis of the information provided 
under paragraph (1) and actions that could be taken 
by the Secretary to refine and improve the use of 
electronic submission for procurement solicitation re-
sponses;
(3) an analysis of the potential benefits of and 
obstacles to implementing fuller use of electronic 
submission for procurement solicitation responses, 
including with respect to cost savings, error reduc-
tion, paperwork reduction, increased bidder partici-
pation, and competition, and expanded use of elec-
tronic bid data collection for cost-effective contract 
management and timely reporting; and 
(4) an analysis of the options and technologies 
available to facilitate expanded implementation of 
electronic submission for procurement solicitation re-
sponses and the suitability of each option and tech-
nology for contracts of various types and sizes. 
SEC. 131. CORROSION PREVENTION. 
(a) IN GENERAL.—To the greatest extent practicable, 
the Secretary shall encourage and incorporate corrosion 
prevention activities at water resources development 
projects. 
(b) ACTIVITIES.—In carrying out subsection (a), the 
Secretary, to the greatest extent practicable, shall ensure 
that contractors performing work for water resources de-
velopment projects— 
(1) use best practices to carry out corrosion 
prevention activities in the field;
(2) use industry recognized standards and cor-
rosion mitigation and prevention methods when— 
(A) determining protective coatings; 
(B) selecting materials; and 
(C) determining methods of cathodic pro-
tection, design, and engineering for corrosion 
prevention; 
(3) use certified coating application specialists 
and cathodic protection technicians and engineers; 
(4) use best practices in environmental protec-
tion to prevent environmental degradation, and to 
ensure careful handling of all hazardous materials; 
(5) demonstrate a history of employing indus-
try-certified inspectors to ensure adherence to best 
practices and standards; and 
(6) demonstrate a history of compliance with 
applicable requirements of the Occupational Safety 
and Health Administration. 
(c) 
CORROSION
PREVENTION
ACTIVITIES
DE-
FINED.—In this section, the term ‘‘corrosion prevention 
activities’’ means— 
(1) the application and inspection of protective 
coatings for complex work involving steel and cemen-
titious structures, including structures that will be 
exposed in immersion;
(2) the installation, testing, and inspection of 
cathodic protection systems; and 
(3) any other activities related to corrosion pre-
vention the Secretary determines appropriate. 
SEC. 132. RESILIENT CONSTRUCTION AND USE OF INNOVA-
TIVE MATERIALS. 
The Secretary, to the extent practicable, shall encour-
age the use of durable, resilient, and sustainable materials 
and practices, including the use of geosynthetic materials, 
advanced composites, and innovative technologies, in car-
rying out the activities of the Corps of Engineers. 
SEC. 133. ASSESSMENT OF WATER SUPPLY IN ARID RE-
GIONS. 
(a) IN GENERAL.—The Secretary shall conduct an 
assessment of the management practices, priorities, and 
authorized purposes at Corps of Engineers reservoirs in 
arid regions to determine the effects of such practices, pri-
orities, and purposes on water supply during periods of 
drought. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall submit to 
the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Envi-
ronment and Public Works of the Senate a report on the 
results of the assessment.
SEC. 134. RIVER BASIN COMMISSIONS. 
Section 5019 of the Water Resources Development 
Act of 2007 (121 Stat. 1201) is amended by adding at 
the end the following: 
‘‘(f) REPORT.—After each fiscal year, if the Secretary 
did not allocate funds in accordance with subsection (b), 
the Secretary, in conjunction with the President’s next 
submission to Congress of a budget under section 1105(a) 
of title 31, United States Code, shall submit to Congress 
a report that describes— 
‘‘(1) the reasons why the Secretary did not allo-
cate funds in accordance with subsection (b) during 
that fiscal year; and 
‘‘(2) the impact, on the jurisdiction of each 
Commission specified in subsection (b), of not allo-
cating the funds, including with respect to— 
‘‘(A) water supply allocation; 
‘‘(B) water quality protection; 
‘‘(C) regulatory review and permitting; 
‘‘(D) water conservation; 
‘‘(E) watershed planning; 
‘‘(F) drought management; 
‘‘(G) flood loss reduction; 
‘‘(H) recreation; and 
‘‘(I) energy development.’’.
SEC. 135. SENSE OF CONGRESS REGARDING WATER RE-
SOURCES DEVELOPMENT BILLS. 
(a) FINDINGS.—Congress finds the following: 
(1) Between 1986 and 2000, a water resources 
development bill was typically enacted every 2 years. 
(2) Since 2000, only 1 water resources develop-
ment bill has been enacted. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that, because the missions of the Corps of Engineers 
are unique and benefit all individuals in the United States 
and because water resources development projects are crit-
ical to maintaining economic prosperity, national security, 
and environmental protection, Congress should consider a 
water resources development bill not less than once every 
Congress. 
SEC. 136. DONALD G. WALDON LOCK AND DAM. 
It is the sense of Congress that, at an appropriate 
time and in accordance with the rules of the House of Rep-
resentatives and the Senate, to recognize the contributions 
of Donald G. Waldon, whose selfless determination and 
tireless work, while serving as administrator of the Ten-
nessee-Tombigbee Waterway for 21 years, contributed 
greatly to the realization and success of the Tennessee- 
Tombigbee Waterway Development Compact, that the lock 
and dam located at mile 357.5 on the Tennessee-
100 
Tombigbee Waterway should be known and designated as 
the ‘‘Donald G. Waldon Lock and Dam’’. 
SEC. 137. AQUATIC INVASIVE SPECIES. 
Section 104(a) of the River and Harbor Act of 1958 
(33 U.S.C. 610(a)) is amended by inserting ‘‘and aquatic 
invasive species’’ after ‘‘noxious aquatic plant growths’’. 
SEC. 138. RECREATIONAL ACCESS. 
(a) IN GENERAL.—The Secretary may not prohibit 
the use of a floating cabin on waters under the jurisdiction 
of the Secretary if— 
(1) the floating cabin is in compliance regula-
tions for recreational vessels issued under chapter 43 
of title 46, United States Code, and section 312 of 
the Federal Water Pollution Control Act (33 U.S.C. 
1322); and 
(2) the Secretary has authorized the use of rec-
reational vessels on such waters. 
(b) FLOATING CABIN DEFINED.—In this section, the 
term ‘‘floating cabin’’ means a vessel, as defined in section 
3 of title 1, United States Code, with overnight accom-
modations. 
SEC. 139. TERRITORIES OF THE UNITED STATES. 
Section 1156 of the Water Resources Development 
Act of 1986 (33 U.S.C. 2310) is amended—
101 
(1) by striking ‘‘The Secretary shall waive’’ and 
inserting ‘‘(a) IN GENERAL.—The Secretary shall 
waive’’; 
(2) in subsection (a), as so designated, by in-
serting ‘‘Puerto Rico,’’ before ‘‘and the Trust Terri-
tory of the Pacific Islands’’; and 
(3) by adding at the end the following: 
‘‘(b) INFLATION ADJUSTMENT.—The Secretary shall 
adjust the dollar amount specified in subsection (a) for 
inflation for the period beginning on November 17, 1986, 
and ending on the date of enactment of this subsection.’’. 
SEC. 140. SENSE OF CONGRESS REGARDING INTERSTATE 
WATER AGREEMENTS AND COMPACTS. 
(a) FINDINGS.—Congress finds the following: 
(1) States and local interests have primary re-
sponsibility for developing water supplies for domes-
tic, municipal, industrial, and other purposes. 
(2) The Federal Government cooperates with 
States and local interests in developing water sup-
plies through the construction, maintenance, and op-
eration of Federal water resources development 
projects. 
(3) Interstate water disputes are most properly 
addressed through interstate water agreements or
102 
compacts that take into consideration the concerns 
of all affected States. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) Congress and the Secretary should urge 
States to reach agreement on interstate water agree-
ments and compacts; 
(2) at the request of the Governor of a State, 
the Secretary should facilitate and assist in the de-
velopment of an interstate water agreement or com-
pact; 
(3) Congress should provide prompt consider-
ation of interstate water agreements and compacts; 
and 
(4) the Secretary should adopt policies and im-
plement procedures for the operation of reservoirs of 
the Corps of Engineers that are consistent with 
interstate water agreements and compacts. 
SEC. 141. REPORT ON SURFACE ELEVATIONS AT DROUGHT 
EFFECTED LAKES. 
(a) ASSESSMENT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary, in coordination with the FERC, shall initiate 
an assessment of the effects of drought conditions
103 
on lakes managed by the Secretary that are affected 
by FERC-licensed reservoirs, which shall include an 
assessment of— 
(A) lake levels and rule curves in areas of 
previous, current, and prolonged drought; and 
(B) the effect the long-term FERC licenses 
have on the Secretary’s ability to manage lakes 
for hydropower generation, navigation, flood 
protection, water supply, fish and wildlife, and 
recreation. 
(2) REPORT.—The Secretary, in coordination 
with the FERC, shall submit to Congress a report 
on the assessment carried out under paragraph (1). 
SEC. 142. FUTURE WATER SUPPLY. 
Section 301 of the Water Supply Act of 1958 (43 
U.S.C. 390b) is amended— 
(1) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) ESTABLISHMENT OF 10-YEAR PLANS FOR THE 
UTILIZATION OF FUTURE STORAGE.— 
‘‘(1) IN GENERAL.—Beginning 180 days after 
the date of enactment of this subsection and not 
later than January 1, 2016, the Secretary may ac-
104 
cept from an interested State or local interest a sub-
mission of a plan for the utilization of future use 
water storage under this Act. 
‘‘(2) CONTENTS.—A plan submitted under 
paragraph (1) shall include— 
‘‘(A) a 10-year timetable for conversion of 
future use storage to present use; and 
‘‘(B) a schedule of actions that the State 
or local interest agrees to carry out over a 10- 
year period, in cooperation with the Corps of 
Engineers, to seek new and alternative users of 
future water storage that is contracted to the 
State or local interest on the date of enactment 
of this subsection.’’. 
SEC. 143. CONGRESSIONAL CONSENT FOR NEW PROJECT 
PURPOSES. 
Nothing in this Act authorizes the Secretary to carry 
out, at a Corps of Engineers dam or reservoir, any project 
for a purpose not otherwise authorized as of the date of 
enactment of this Act.
105 
SEC. 144. MULTIAGENCY EFFORT TO SLOW THE SPREAD OF 
ASIAN CARP IN THE UPPER MISSISSIPPI 
RIVER AND OHIO RIVER BASINS AND TRIBU-
TARIES. 
(a) MULTIAGENCY EFFORT TO SLOW THE SPREAD 
OF ASIAN CARP IN THE UPPER MISSISSIPPI AND OHIO 
RIVER BASINS AND TRIBUTARIES.— 
(1) IN GENERAL.—The Director of the United 
States Fish and Wildlife Service, in coordination 
with the Chief of Engineers, the Director of the Na-
tional Park Service, and the Director of the United 
States Geological Survey, shall lead a multiagency 
effort to slow the spread of Asian carp in the Upper 
Mississippi and Ohio River basins and tributaries by 
providing technical assistance, coordination, best 
practices, and support to State and local govern-
ments in carrying out activities designed to slow, 
and eventually eliminate, the threat posed by Asian 
carp. 
(2) BEST PRACTICES.—To the maximum extent 
practicable, the multiagency effort shall apply les-
sons learned and best practices such as those de-
scribed in the document prepared by the Asian Carp 
Working Group entitled ‘‘Management and Control 
Plan for Bighead, Black, Grass, and Silver Carps in 
the United States’’ and dated November 2007, and
106 
the document prepared by the Asian Carp Regional 
Coordinating Committee entitled ‘‘FY 2012 Asian 
Carp Control Strategy Framework’’ and dated Feb-
ruary 2012. 
(b) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than December 31 
of each year, the Director of the United States Fish 
and Wildlife Service, in coordination with the Chief 
of Engineers, shall submit to the Committee on Ap-
propriations, the Committee on Natural Resources, 
and the Committee on Transportation and Infra-
structure of the House of Representatives and the 
Committee on Appropriations and the Committee on 
Environment and Public Works of the Senate a re-
port describing the coordinated strategies established 
and progress made toward the goals of controlling 
and eliminating Asian carp in the Upper Mississippi 
and Ohio River basins and tributaries. 
(2) CONTENTS.—Each report submitted under 
paragraph (1) shall include— 
(A) any observed changes in the range of 
Asian carp in the Upper Mississippi and Ohio 
River basins and tributaries during the 2-year 
period preceding submission of the report;
107 
(B) a summary of Federal agency efforts, 
including cooperative efforts with non-Federal 
partners, to control the spread of Asian carp in 
the Upper Mississippi and Ohio River basins 
and tributaries; 
(C) any research that the Director deter-
mines could improve the ability to control the 
spread of Asian carp; 
(D) any quantitative measures that the Di-
rector intends to use to document progress in 
controlling the spread of Asian carp; and 
(E) a cross-cut accounting of Federal and 
non-Federal expenditures to control the spread 
of Asian carp. 
SEC. 145. AQUATIC INVASIVE SPECIES PREVENTION AND 
CONTROL. 
(a) ASSESSMENT.—The Comptroller General of the 
United States shall conduct an assessment of the Federal 
costs of, and spending on, aquatic invasive species. 
(b) CONTENTS.—The assessment conducted under 
subsection (a) shall include— 
(1) identification of current Federal spending 
on, and projected future Federal costs of, operation 
and maintenance related to mitigating the impacts
108 
of aquatic invasive species on federally owned or op-
erated facilities; 
(2) identification of current Federal spending 
on aquatic invasive species prevention; 
(3) analysis of whether spending identified in 
paragraph (2) is adequate for the maintenance and 
protection of services provided by federally owned or 
operated facilities, based on the current spending 
and projected future costs identified in paragraph 
(1); and 
(4) review of any other aspect of aquatic 
invasive species prevention or mitigation determined 
appropriate by the Comptroller General. 
(c) FINDINGS.—Not later than one year after the 
date of enactment of this Act, the Comptroller General 
shall submit to the Committee on Environment and Public 
Works and the Committee on Energy and Natural Re-
sources of the Senate and the Committee on Transpor-
tation and Infrastructure and the Committee on Natural 
Resources of the House of Representatives a report con-
taining the findings of the assessment conducted under 
subsection (a). 
SEC. 146. NATIONAL OCEAN POLICY IMPLEMENTATION. 
(a) FINDINGS.—Congress finds that—
109 
(1) the July 19, 2010, Executive Order No. 
13547 that established the ‘‘National Policy for the 
Stewardship of the Ocean, Our Coasts, and the 
Great Lakes’’ (in this section referred to as the 
‘‘National Ocean Policy’’) among other things re-
quires Federal implementation of ‘‘ecosystem-based 
management’’ to achieve a ‘‘fundamental shift’’ in 
how the United States manages ocean, coastal, and 
Great Lakes resources, and the establishment of 9 
new governmental ‘‘Regional Planning Bodies’’ and 
‘‘Coastal and Marine Spatial Plans’’ in every region 
of the United States; 
(2) Executive Order No. 13547 created a 54- 
member National Ocean Council led by the White 
House Council on Environmental Quality and Office 
of Science and Technology Policy that includes prin-
cipal and deputy-level representatives from Federal 
entities, including the Department of Defense; 
(3) Executive Order No. 13547 requires Na-
tional Ocean Council members, including the De-
partment of Defense, to take action to implement 
the National Ocean Policy and participate in Coastal 
and Marine Spatial Planning to the fullest extent; 
(4) the Final Recommendations that were 
adopted by Executive Order No. 13547 state that
110 
‘‘effective’’ implementation of the National Ocean 
Policy will ‘‘require clear and easily understood re-
quirements and regulations, where appropriate, that 
include enforcement as a critical component’’; 
(5) despite repeated congressional requests, the 
National Ocean Council, which is charged with over-
seeing National Ocean Policy implementation, has 
still not provided a complete accounting of Federal 
activities taken and resources expended and allo-
cated in furtherance of National Ocean Policy imple-
mentation; 
(6) the Corps of Engineers is participating on 
at least one ‘‘Coastal and Marine Spatial Planning 
Regional Team’’; and 
(7) the Nation’s continued economic and budg-
etary challenges underscore the necessity for sound, 
transparent, and practical Federal policies. 
(b) PROHIBITION.—None of the programs or actions 
authorized under this Act may be used to further imple-
mentation of the coastal and marine spatial planning and 
ecosystem-based management components of the National 
Ocean Policy developed under Executive Order No. 13547. 
(c) STUDY.—Not later than 90 days after the date 
of enactment of this Act, the Secretary shall submit to 
the Committee on Transportation and Infrastructure of
111 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
detailing all activities engaged in and resources expended 
in furtherance of Executive Order No. 13547 since it was 
issued on July 19, 2010, as well as any fiscal year 2014 
budget requests in support of National Ocean Policy im-
plementation. 
SEC. 147. CALCULATION OF BENEFITS AND COSTS FOR 
FLOOD DAMAGE REDUCTION AND HURRI-
CANE 
AND 
STORM 
DAMAGE 
REDUCTION 
PROJECTS. 
(a) IN GENERAL.—A feasibility study conducted by 
the Secretary for a project for flood damage reduction or 
hurricane and storm damage reduction shall include, as 
part of the calculation of benefits and costs— 
(1) a calculation of the anticipated reduction in 
flood or hurricane damage to public and private 
property and infrastructure resulting from the com-
pletion of the proposed project; 
(2) a calculation of the anticipated direct and 
indirect economic benefits resulting from the comple-
tion of the proposed project, including such benefits 
from any potential reductions in national and re-
gional economic volatility, disruptions, and losses; 
and
112 
(3) a calculation of the anticipated benefits to 
public safety, including protection of evacuation 
routes, resulting from the completion of the pro-
posed project. 
(b) APPLICABILITY.—This section shall apply to any 
feasibility study for a project for flood damage reduction 
or hurricane and storm damage reduction that has not 
been completed before the date of enactment of this Act. 
TITLE II—NAVIGATION 
IMPROVEMENTS 
Subtitle A—Ports 
SEC. 201. EXPANDED USE OF HARBOR MAINTENANCE 
TRUST FUND. 
(a) IN GENERAL.—For any fiscal year in which tar-
get appropriations described in subsection (b) are met, the 
Secretary may use up to 5 percent of the total amount 
made available to the Secretary from the Harbor Mainte-
nance Trust Fund for the eligible operations and mainte-
nance costs described in section 210(a)(2) of the Water 
Resources Development Act of 1986 (33 U.S.C. 
2238(a)(2)) for that fiscal year for expanded uses of the 
Harbor Maintenance Trust Fund. 
(b) TARGET APPROPRIATIONS.—For purposes of this 
section, target appropriations are met for a fiscal year if 
the total amount made available to the Secretary from the
113 
Harbor Maintenance Trust Fund for that fiscal year 
equals or exceeds, as determined by the Secretary, the fol-
lowing: 
(1) For fiscal year 2014, 65 percent of the total 
amount of harbor maintenance taxes received in fis-
cal year 2013. 
(2) For fiscal year 2015, 67 percent of the total 
amount of harbor maintenance taxes received in fis-
cal year 2014. 
(3) For fiscal year 2016, 69 percent of the total 
amount of harbor maintenance taxes received in fis-
cal year 2015. 
(4) For fiscal year 2017, 71 percent of the total 
amount of harbor maintenance taxes received in fis-
cal year 2016. 
(5) For fiscal year 2018, 73 percent of the total 
amount of harbor maintenance taxes received in fis-
cal year 2017. 
(6) For fiscal year 2019, 75 percent of the total 
amount of harbor maintenance taxes received in fis-
cal year 2018. 
(7) For fiscal year 2020, and each fiscal year 
thereafter, 80 percent of total amount of harbor 
maintenance taxes received in the previous fiscal 
year.
114 
(c) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) ELIGIBLE HARBORS AND INLAND HARBORS 
DEFINED.—The term ‘‘eligible harbor or inland har-
bor’’ means a harbor or inland harbor that, histori-
cally, as determined by the Secretary— 
(A) generates an amount of harbor mainte-
nance taxes; that exceeds 
(B) the value of work carried out for the 
harbor or inland harbor using amounts from 
the Harbor Maintenance Trust Fund. 
(2) EXPANDED
USES.—The term ‘‘expanded 
uses’’ means the following activities performed for 
an eligible harbor or inland harbor: 
(A) The maintenance dredging of a berth 
in a harbor that is accessible to a Federal navi-
gation project and that benefits commercial 
navigation at the harbor. 
(B) The maintenance dredging and dis-
posal of legacy-contaminated sediment, and 
sediment unsuitable for open water disposal, 
if— 
(i) such dredging and disposal bene-
fits commercial navigation at the harbor; 
and
115 
(ii) such sediment— 
(I) is located in and affects the 
maintenance of a Federal navigation 
project; or 
(II) is located in a berth that is 
accessible to a Federal navigation 
project. 
(3) TOTAL AMOUNT OF HARBOR MAINTENANCE 
TAXES RECEIVED.—The term ‘‘total amount of har-
bor maintenance taxes received’’ means, with respect 
to a fiscal year, the aggregate of amounts appro-
priated, transferred, or credited to the Harbor Main-
tenance Trust Fund under section 9505(a) of the 
Internal Revenue Code of 1986 for that fiscal year 
as set forth in the current year estimate provided in 
the President’s budget request for the subsequent 
fiscal year, submitted pursuant to section 1105 of 
title 31, United States Code. 
(d) CONFORMING AMENDMENT.—Section 9505(c)(1) 
of the Internal Revenue Code of 1986 is amended by strik-
ing ‘‘(as in effect on the date of the enactment of the 
Water Resources Development Act of 1996)’’. 
(e) SENSE OF CONGRESS.—It is the sense of Con-
gress that any increase in harbor maintenance programs 
described in this section shall result from an overall in-
116 
crease in appropriations for the civil works program of the 
Corps of Engineers and not from similar reductions in the 
appropriations for other programs, projects, and activities 
carried out by the Corps of Engineers for other authorized 
purposes. 
SEC. 202. ASSESSMENT AND PRIORITIZATION OF OPER-
ATION AND MAINTENANCE. 
(a) ASSESSMENT.—Section 210 of the Water Re-
sources Development Act of 1986 (33 U.S.C. 2238) is 
amended by adding at the end the following: 
‘‘(c) ASSESSMENT
OF OPERATION
AND MAINTE-
NANCE NEEDS.— 
‘‘(1) IN
GENERAL.—Not later than 90 days 
after the date of enactment of this subsection, and 
biennially thereafter, the Secretary shall assess the 
operation and maintenance needs of the harbors re-
ferred to in subsection (a)(2). 
‘‘(2) TYPES
OF
HARBORS.—In carrying out 
paragraph (1), the Secretary shall assess the oper-
ation and maintenance needs of the harbors used 
for— 
‘‘(A) commercial navigation; 
‘‘(B) commercial fishing; 
‘‘(C) subsistence, including utilization by 
Indian tribes (as such term is defined in section
117 
4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b)) for 
subsistence and ceremonial purposes; 
‘‘(D) use as a harbor of refuge; 
‘‘(E) transportation of persons; 
‘‘(F) purposes relating to domestic energy 
production, including the fabrication, servicing, 
or supply of domestic offshore energy produc-
tion facilities; 
‘‘(G) activities of the Secretary of the de-
partment in which the Coast Guard is oper-
ating; 
‘‘(H) activities of the Secretary of the 
Navy; 
‘‘(I) public health and safety related equip-
ment for responding to coastal and inland 
emergencies; 
‘‘(J) recreation purposes; and 
‘‘(K) any other authorized purpose. 
‘‘(3) REPORT TO CONGRESS.—For fiscal year 
2015, and biennially thereafter, in conjunction with 
the President’s annual budget submission to Con-
gress under section 1105(a) of title 31, United 
States Code, the Secretary shall submit to the Com-
mittee on Transportation and Infrastructure of the
118 
House of Representatives and the Committee on En-
vironment and Public Works of the Senate a report 
that, with respect to harbors referred to in sub-
section (a)(2)— 
‘‘(A) identifies the operation and mainte-
nance costs associated with the harbors, includ-
ing those costs required to achieve and main-
tain the authorized length, width, and depth for 
the harbors and the costs for expanded uses (as 
such term is defined in section 201(c)(2) of the 
Water Resources Reform and Development Act 
of 2013), on a project-by-project basis; 
‘‘(B) identifies the amount of funding re-
quested in the President’s budget for the oper-
ation and maintenance costs associated with the 
harbors, on a project-by-project basis; 
‘‘(C) identifies the unmet operation and 
maintenance needs associated with the harbors, 
on a project-by-project basis; and 
‘‘(D) identifies the harbors for which the 
President will allocate funding over the next 5 
fiscal years for operation and maintenance ac-
tivities, on a project-by-project basis, including 
the amounts to be allocated for such pur-
poses.’’.
119 
(b) OPERATION AND MAINTENANCE OF EMERGING 
HARBOR PROJECTS.—Section 210 of such Act (33 U.S.C. 
2238) is further amended by adding at the end the fol-
lowing: 
‘‘(d) OPERATION AND MAINTENANCE OF EMERGING 
HARBOR PROJECTS.— 
‘‘(1) IN
GENERAL.—To the maximum extent 
practicable, the Secretary shall make expenditures to 
pay for operation and maintenance costs of the har-
bors referred to in subsection (a)(2), including ex-
penditures of funds appropriated from the Harbor 
Maintenance Trust Fund, based on an equitable al-
location of funds among all such harbors, regardless 
of the size or tonnage throughput of the harbor. 
‘‘(2) CRITERIA.—In determining the equitable 
allocation of funds under paragraph (1), the Sec-
retary shall— 
‘‘(A) utilize the information obtained in the 
assessment conducted under subsection (c); 
‘‘(B) consider the national and regional 
significance of harbor operation and mainte-
nance; 
‘‘(C) where appropriate, consider national 
security and military readiness needs in con-
sultation with the Secretary of the Navy; and
120 
‘‘(D) not make such allocation based solely 
on the tonnage transiting through a harbor. 
‘‘(3) EMERGING HARBORS.— 
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (1), in making expenditures described in 
paragraph (1) for each of fiscal years 2015 and 
2016, the Secretary shall allocate not less than 
10 percent of the total amount of the expendi-
tures to pay for operation and maintenance 
costs of emerging harbors. 
‘‘(B) EMERGING
HARBOR
DEFINED.—In 
this paragraph, the term ‘emerging harbor’ 
means a harbor referred to in subsection (a)(2) 
that transits less than 1,000,000 tons of com-
merce annually. 
‘‘(4) EMERGENCY EXPENDITURES.—Nothing in 
this subsection may be construed to prohibit the 
Secretary from making an expenditure to pay for the 
operation and maintenance costs of a specific har-
bor, including the transfer of funding from the oper-
ation and maintenance of a separate project, if— 
‘‘(A) the Secretary determines that the ac-
tion is necessary to address the navigation 
needs of a harbor where safe navigation has
121 
been severely restricted due to an unforeseen 
event; and 
‘‘(B) the Secretary provides advance notice 
and information on the need for the action to 
the Committee on Transportation and Infra-
structure and the Committee on Appropriations 
of the House of Representatives and the Com-
mittee on Environment and Public Works and 
the Committee on Appropriations of the Senate. 
‘‘(5) MANAGEMENT OF GREAT LAKES NAVIGA-
TION SYSTEM.—To sustain effective and efficient op-
eration and maintenance of the Great Lakes Naviga-
tion System, including any navigation feature in the 
Great Lakes that is a Federal responsibility with re-
spect to operation and maintenance, the Secretary 
shall manage and allocate funding for all of the indi-
vidually authorized projects in the Great Lakes 
Navigation System as components of a single, com-
prehensive system, recognizing the interdependence 
of the projects.’’. 
SEC. 203. PRESERVING UNITED STATES HARBORS. 
(a) IN GENERAL.—The Secretary may enter into an 
agreement with a non-Federal interest, at the request of 
the non-Federal interest, under which the Secretary 
agrees to maintain a navigation project for a harbor or
122 
inland harbor (in this section referred to as a ‘‘federally 
authorized harbor’’) in accordance with section 101(b) of 
the Water Resources Development Act of 1986 (33 U.S.C. 
2211(b)). 
(b) REPORT BY NON-FEDERAL INTEREST.— 
(1) IN GENERAL.—To be eligible to enter into 
an agreement under subsection (a) with respect to a 
federally authorized harbor, a non-Federal interest 
shall submit to the Secretary a report justifying eco-
nomic investment in maintenance of the harbor. 
(2) JUSTIFICATION OF INVESTMENT.—A report 
submitted under paragraph (1) may justify economic 
investment in the maintenance of a federally author-
ized harbor based on— 
(A) projected economic benefits, including 
transportation savings and job creation; and 
(B) other factors, including navigation 
safety, national security, and sustainability of 
subsistence harbors. 
(3) TERMINATION OF CERTAIN AGREEMENTS.— 
An agreement entered into under subsection (a) with 
respect to a federally authorized harbor shall contain 
terms to allow the Secretary to terminate the agree-
ment if the Secretary determines that Federal eco-
123 
nomic investment in maintaining the harbor is no 
longer justified. 
(c) LIMITATION ON STATUTORY CONSTRUCTION.— 
Nothing in this section may be construed to preclude the 
operation and maintenance of a federally authorized har-
bor under section 101(b) of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 2211(b)). 
SEC. 204. CONSOLIDATION OF DEEP DRAFT NAVIGATION 
EXPERTISE. 
Section 2033(e) of the Water Resources Development 
Act of 2007 (33 U.S.C. 2282a(e)) is amended by adding 
at the end the following: 
‘‘(3) DEEP DRAFT NAVIGATION PLANNING CEN-
TER OF EXPERTISE.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
consolidate deep draft navigation expertise 
within the Corps of Engineers into a deep draft 
navigation planning center of expertise. 
‘‘(B) LIST.—Not later than 60 days after 
the date of the consolidation required under 
subparagraph (A), the Secretary shall submit to 
the Committee on Transportation and Infra-
structure of the House of Representatives and 
the Committee on Environment and Public 
Works of the Senate a list of personnel, includ-
124 
ing the grade levels and expertise of the per-
sonnel, assigned to the center described in sub-
paragraph (A).’’. 
SEC. 205. DISPOSAL SITES. 
(a) IN GENERAL.—The Secretary, in accordance with 
subsections (b) and (c) and with the concurrence of the 
Administrator of the Environmental Protection Agency, is 
authorized to reopen the Cape Arundel Disposal Site (in 
this section referred to as the ‘‘Site’’) as an alternative 
dredged material disposal site under section 103(b) of the 
Marine Protection, Research, and Sanctuaries Act of 1972 
(33 U.S.C. 1413(b)). 
(b) DEADLINE.—The Site may remain open under 
subsection (a) until the earlier of— 
(1) the date on which the Site does not have 
any remaining disposal capacity; 
(2) the date on which an environmental impact 
statement designating an alternative dredged mate-
rial disposal site for southern Maine has been com-
pleted; or 
(3) the date that is 5 years after the date of en-
actment of this Act. 
(c) LIMITATIONS.—The use of the Site as a dredged 
material disposal site under subsection (a) shall be subject 
to the conditions that—
125 
(1) conditions at the Site remain suitable for 
the continued use of the Site as a dredged material 
disposal site; and 
(2) the Site not be used for the disposal of 
more than 80,000 cubic yards from any single 
dredging project. 
SEC. 206. HARBOR MAINTENANCE TRUST FUND STUDY. 
(a) DEFINITIONS.—In this section: 
(1) LOW-USE PORT.—The term ‘‘low-use port’’ 
means a port at which not more than 1,000,000 
tons of cargo are transported each calendar year. 
(2) MODERATE-USE
PORT.—The term ‘‘mod-
erate-use port’’ means a port at which more than 
1,000,000, but fewer than 10,000,000, tons of cargo 
are transported each calendar year. 
(b) STUDY.—Not later than 270 days after the date 
of enactment of this Act, the Comptroller General of the 
United States shall carry out a study and submit to Con-
gress a report that— 
(1) evaluates the effectiveness of activities fund-
ed by the Harbor Maintenance Trust Fund in maxi-
mizing economic growth and job creation in the com-
munities surrounding low- and moderate-use ports; 
and
126 
(2) includes recommendations relating to the 
use of amounts in the Harbor Maintenance Trust 
Fund to increase the competitiveness of United 
States ports relative to Canadian and Mexican ports. 
Subtitle B—Inland Waterways 
SEC. 211. DEFINITIONS. 
In this subtitle, the following definitions apply: 
(1) INLAND
WATERWAYS
TRUST
FUND.—The 
term ‘‘Inland Waterways Trust Fund’’ means the 
Inland Waterways Trust Fund established by section 
9506(a) of the Internal Revenue Code of 1986. 
(2) QUALIFYING PROJECT.—The term ‘‘quali-
fying project’’ means any construction or major re-
habilitation project for navigation infrastructure of 
the inland and intracoastal waterways that is— 
(A) authorized before, on, or after the date 
of enactment of this Act; 
(B) not completed on the date of enact-
ment of this Act; and 
(C) funded at least in part from the Inland 
Waterways Trust Fund. 
SEC. 212. PROJECT DELIVERY PROCESS REFORMS. 
(a) REQUIREMENTS FOR QUALIFYING PROJECTS.— 
With respect to each qualifying project, the Secretary shall 
require—
127 
(1) for each project manager, that— 
(A) the project manager have formal 
project management training and certification; 
and 
(B) the project manager be assigned from 
among personnel certified by the Chief of Engi-
neers; and 
(2) for an applicable cost estimation, that— 
(A) the Secretary utilize a risk-based cost 
estimate with a confidence level of at least 80 
percent; and 
(B) the cost estimate be implemented— 
(i) for a qualifying project that re-
quires an increase in the authorized 
amount in accordance with section 902 of 
the Water Resources Development Act of 
1986 (33 U.S.C. 2280), during the prepa-
ration of a post-authorization change re-
port or other similar decision document; 
(ii) for a qualifying project for which 
the first construction contract has not been 
awarded, prior to the award of the first 
construction contract; 
(iii) for a qualifying project without a 
completed feasibility report in accordance
128 
with section 905 of the Water Resources 
Development Act of 1986 (33 U.S.C. 
2282), prior to the completion of such a 
report; and 
(iv) for a qualifying project with a 
completed feasibility report in accordance 
with section 905 of the Water Resources 
Development Act of 1986 (33 U.S.C. 
2282) that has not yet been authorized, 
during design for the qualifying project. 
(b) ADDITIONAL PROJECT DELIVERY PROCESS RE-
FORMS.—Not later than 18 months after the date of en-
actment of this Act, the Secretary shall— 
(1) establish a system to identify and apply on 
a continuing basis best management practices from 
prior or ongoing qualifying projects to improve the 
likelihood of on-time and on-budget completion of 
qualifying projects; 
(2) evaluate early contractor involvement acqui-
sition procedures to improve on-time and on-budget 
project delivery performance; and 
(3) implement any additional measures that the 
Secretary determines will achieve the purposes of 
this subtitle, including—
129 
(A) the implementation of applicable prac-
tices and procedures developed pursuant to 
management by the Secretary of an applicable 
military construction program; 
(B) the development and use of a portfolio 
of standard designs for inland navigation locks; 
(C) the use of full-funding contracts or for-
mulation of a revised continuing contracts 
clause; and 
(D) the establishment of procedures for 
recommending new project construction starts 
using a capital projects business model. 
(c) PILOT PROJECTS.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary may carry out pilot projects to evalu-
ate processes and procedures for the study, design, 
and construction of qualifying projects. 
(2) INCLUSIONS.—At a minimum, the Secretary 
shall carry out pilot projects under this subsection to 
evaluate— 
(A) early contractor involvement in the de-
velopment of features and components; 
(B) an appropriate use of continuing con-
tracts for the construction of features and com-
ponents; and
130 
(C) applicable principles, procedures, and 
processes 
used 
for 
military 
construction 
projects. 
(d) INLAND WATERWAYS USER BOARD.—Section 
302 of the Water Resources Development Act of 1986 (33 
U.S.C. 2251) is amended— 
(1) by striking subsection (b) and inserting the 
following: 
‘‘(b) DUTIES OF USERS BOARD.— 
‘‘(1) IN
GENERAL.—The Users Board shall 
meet not less frequently than semiannually to de-
velop and make recommendations to the Secretary 
and Congress regarding the inland waterways and 
inland harbors of the United States. 
‘‘(2) ADVICE
AND
RECOMMENDATIONS.—For 
commercial navigation features and components of 
the inland waterways and inland harbors of the 
United States, the Users Board shall provide— 
‘‘(A) prior to the development of the budg-
et proposal of the President for a given fiscal 
year, advice and recommendations to the Sec-
retary regarding construction and rehabilitation 
priorities and spending levels; 
‘‘(B) advice and recommendations to Con-
gress regarding any completed feasibility report
131 
in accordance with section 905 of the Water 
Resources Development Act of 1986 (33 U.S.C. 
2282) relating to those features and compo-
nents; 
‘‘(C) advice and recommendations to Con-
gress regarding an increase in the authorized 
cost of those features and components; 
‘‘(D) not later than 60 days after the date 
of the submission of the budget proposal of the 
President to Congress, advice and recommenda-
tions to Congress regarding construction and 
rehabilitation priorities and spending levels; and 
‘‘(E) advice and recommendations on the 
development of a long-term capital investment 
program in accordance with subsection (d). 
‘‘(3) PROJECT
DEVELOPMENT
TEAMS.—The 
chairperson of the Users Board shall appoint a rep-
resentative of the Users Board to serve as an infor-
mal advisor to the project development team for a 
qualifying project or the study or design of a com-
mercial navigation feature or component of the in-
land waterways and inland harbors of the United 
States. 
‘‘(4) INDEPENDENT JUDGMENT.—Any advice or 
recommendation made by the Users Board to the
132 
Secretary shall reflect the independent judgment of 
the Users Board.’’; 
(2) by striking subsection (c) and inserting the 
following: 
‘‘(c) DUTIES OF SECRETARY.—The Secretary shall— 
‘‘(1) communicate not less than once each quar-
ter to the Users Board the status of the study, de-
sign, or construction of all commercial navigation 
features or components of the inland waterways or 
inland harbors of the United States; and 
‘‘(2) submit to the Users Board a courtesy copy 
of all completed feasibility reports relating to a com-
mercial navigation feature or component of the in-
land waterways or inland harbors of the United 
States. 
‘‘(d) CAPITAL INVESTMENT PROGRAM.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this subsection, the Sec-
retary, in coordination with the Users Board, shall 
develop and submit to Congress a report describing 
a 20-year program for making capital investments 
on the inland and intracoastal waterways based on 
the application of objective, national project selection 
prioritization criteria.
133 
‘‘(2) CONSIDERATION.—In developing the pro-
gram under paragraph (1), the Secretary shall take 
into consideration the 20-year capital investment 
strategy contained in the Inland Marine Transpor-
tation System (IMTS) Capital Projects Business 
Model, Final Report published on April 13, 2010, as 
approved by the Users Board. 
‘‘(3) CRITERIA.—In developing the plan and 
prioritization criteria under paragraph (1), the Sec-
retary shall ensure, to the maximum extent prac-
ticable, that investments made under the 20-year 
program described in paragraph (1)— 
‘‘(A) are made in all geographical areas of 
the inland waterways system; and 
‘‘(B) ensure efficient funding of inland wa-
terways projects. 
‘‘(4) STRATEGIC
REVIEW
AND
UPDATE.—Not 
later than 5 years after the date of enactment of 
this subsection, and not less frequently than once 
every 5 years thereafter, the Secretary, in coordina-
tion with the Users Board, shall— 
‘‘(A) submit to Congress a strategic review 
of the 20-year program in effect under this sub-
section, which shall identify and explain any 
changes to the project-specific recommendations
134 
contained in the previous 20-year program (in-
cluding any changes to the prioritization cri-
teria used to develop the updated recommenda-
tions); and 
‘‘(B) make revisions to the program, as ap-
propriate. 
‘‘(e) PROJECT MANAGEMENT PLANS.—The chair-
person of the Users Board and the project development 
team member appointed by the chairperson under sub-
section (b)(3) may sign the project management plan for 
the qualifying project or the study or design of a commer-
cial navigation feature or component of the inland water-
ways and inland harbors of the United States. 
‘‘(f) ADMINISTRATION.—The Users Board shall be 
subject to the Federal Advisory Committee Act, other than 
section 14, and, with the consent of the appropriate agen-
cy head, the Users Board may use the facilities and serv-
ices of any Federal agency. For the purposes of complying 
with such Act, the members of the Users Board shall not 
be considered special Government employees (as defined 
in section 202 of title 18, United States Code). Non-Fed-
eral members of the Users Board while engaged in the 
performance of their duties away from their homes or reg-
ular places of business, may be allowed travel expenses,
135 
including per diem in lieu of subsistence, as authorized 
by section 5703 of title 5, United States Code.’’. 
SEC. 213. EFFICIENCY OF REVENUE COLLECTION. 
Not later than 2 years after the date of enactment 
of this Act, the Comptroller General of the United States 
shall prepare a report on the efficiency of collecting the 
fuel tax for the Inland Waterways Trust Fund, which shall 
include— 
(1) an evaluation of whether current methods of 
collection of the fuel tax result in full compliance 
with requirements of the law; 
(2) whether alternative methods of collection 
would result in increased revenues into the Inland 
Waterways Trust Fund; and 
(3) an evaluation of alternative collection op-
tions. 
SEC. 214. INLAND WATERWAYS REVENUE STUDIES. 
(a) INLAND WATERWAYS CONSTRUCTION BONDS 
STUDY.— 
(1) STUDY.—The Secretary, in coordination 
with the Secretary of the Treasury, shall conduct a 
study on the feasibility of authorizing the issuance 
of federally tax-exempt bonds secured against the 
available proceeds, including projected annual re-
ceipts, in the Inland Waterways Trust Fund estab-
136 
lished by section 9506(a) of the Internal Revenue 
Code of 1986. 
(2) CONTENTS.—In carrying out the study, the 
Secretary and the Secretary of the Treasury shall 
examine the implications of issuing such bonds, in-
cluding the potential revenues that could be gen-
erated and the projected net cost to the Treasury, 
including loss of potential revenue. 
(3) CONSULTATION.—In carrying out the study, 
the Secretary and the Secretary of the Treasury, at 
a minimum, shall consult with— 
(A) representatives of the Inland Water-
way Users Board established by section 302 of 
the Water Resources Development Act of 1986 
(33 U.S.C. 2251); 
(B) representatives of the commodities and 
bulk cargos that are currently shipped for com-
mercial purposes on the segments of the inland 
and intracoastal waterways listed in section 206 
of the Inland Waterways Revenue Act of 1978 
(33 U.S.C. 1804); 
(C) representatives of other users of locks 
and dams on the inland and intracoastal water-
ways, including persons owning, operating, 
using, or otherwise benefitting from—
137 
(i) hydropower generation facilities; 
(ii) electric utilities that rely on the 
waterways for cooling of existing electricity 
generation facilities; 
(iii) municipal and industrial water 
supply; 
(iv) recreation; 
(v) irrigation water supply; or 
(vi) flood damage reduction; 
(D) other stakeholders associated with the 
inland and intracoastal waterways, as identified 
by the Secretary or the Secretary of the Treas-
ury; and 
(E) the heads of other appropriate Federal 
agencies, including the Secretary of Transpor-
tation, the Secretary of the Interior, and the 
Administrator of the Environmental Protection 
Agency. 
(4) REPORT TO CONGRESS.—Not later than 1 
year after the date of enactment of this Act, the 
Secretary and the Secretary of the Treasury shall 
submit a joint report on the results of the study 
to— 
(A) the Committee on Transportation and 
Infrastructure, the Committee on Ways and
138 
Means, and the Committee on the Budget of 
the House of Representatives; and 
(B) the Committee on Environment and 
Public Works, the Committee on Finance, and 
the Committee on the Budget of the Senate. 
(b) POTENTIAL FEES
FOR BENEFICIARIES
AND 
USERS OF INLAND AND INTRACOASTAL WATERWAYS IN-
FRASTRUCTURE.— 
(1) IN GENERAL.—The Secretary shall conduct 
a study and submit to Congress a report on poten-
tial user fees and revenues from other sources that 
could be collected to generate additional revenues for 
the Inland Waterways Trust Fund established by 
section 9506(a) of the Internal Revenue Code of 
1986. 
(2) SCOPE OF STUDY.— 
(A) IN
GENERAL.—In carrying out the 
study, the Secretary shall evaluate an array of 
potential user fees and other revenues options 
that, when combined with funds generated by 
section 4042 of the Internal Revenue Code of 
1986, are sufficient to support one-half of an-
nual 
construction 
expenditure 
levels 
of 
$380,000,000 for the authorized purposes of 
the Inland Waterways Trust Fund.
139 
(B) POTENTIAL
REVENUE
OPTIONS
FOR 
STUDY.—In carrying out the study, the Sec-
retary, at a minimum, shall evaluate potential 
user fees and other revenue options identified 
in— 
(i) the report of the Congressional 
Budget Office entitled ‘‘Paying for High-
ways, Airways, and Waterways: How Can 
Users Be Charged?’’, dated May 1, 1992; 
(ii) the draft bill submitted by the As-
sistant Secretary of the Army (Civil 
Works) to Congress entitled the ‘‘Lock 
User Fee Act of 2008’’, dated April 4, 
2008; 
(iii) the Inland Marine Transportation 
System (IMTS) Capital Projects Business 
Model, Final Report, published on April 
12, 2010, as approved by the Inland Wa-
terways Users Board established by section 
302 of the Water Resources Development 
Act of 1986 (33 U.S.C. 2251); and 
(iv) the draft bill submitted by the 
President to Congress entitled the ‘‘Inland 
Waterways Capital Investment Act of 
2011’’, dated September 2011.
140 
(3) CONDUCT OF STUDY.—In carrying out the 
study, the Secretary shall— 
(A) take into consideration whether the po-
tential user fees and revenues from other 
sources— 
(i) are equitably associated with the 
construction, operation, and maintenance 
of inland and intracoastal waterway infra-
structure, including locks, dams, and navi-
gation channels; and 
(ii) can be efficiently collected; 
(B) consult with, at a minimum— 
(i) representatives of the Inland Wa-
terways Users Board; and 
(ii) representatives of other non-
navigation beneficiaries of inland and in-
tracoastal waterway infrastructure, includ-
ing persons benefitting from— 
(I) municipal water supply; 
(II) hydropower; 
(III) recreation; 
(IV) industrial water supply; 
(V) flood damage reduction; 
(VI) agricultural water supply; 
(VII) environmental restoration;
141 
(VIII) local and regional eco-
nomic development; or 
(IX) local real estate interests; 
and 
(iii) representatives of other interests, 
as identified by the Secretary; and 
(C) provide the opportunity for public 
hearings in each of the geographic regions that 
contain segments of the inland and intracoastal 
waterways listed in section 206 of the Inland 
Waterways Revenue Act of 1978 (33 U.S.C. 
1804). 
(4) REPORT TO CONGRESS.—Not later than 1 
year after the date of enactment of this Act, the 
Secretary shall submit a report on the results of the 
study to— 
(A) the Committee on Transportation and 
Infrastructure, the Committee on Ways and 
Means, and the Committee on the Budget of 
the House of Representatives; and 
(B) the Committee on Environment and 
Public Works, the Committee on Finance, and 
the Committee on the Budget of the Senate.
142 
SEC. 215. INLAND WATERWAYS STAKEHOLDER ROUND-
TABLE. 
(a) IN GENERAL.—The Secretary shall conduct an 
inland waterways stakeholder roundtable to provide for a 
review and evaluation of alternative approaches— 
(1) to address the financial needs of the Inland 
Waterways Trust Fund; and 
(2) to support the water infrastructure needs of 
the Inland Waterways System. 
(b) SELECTION OF PARTICIPANTS.— 
(1) IN GENERAL.—Not later than 45 days after 
the date on which the Secretary submits to Congress 
the report required by section 214(b), the Secretary 
shall select individuals to be invited to participate in 
the stakeholder roundtable. 
(2) COMPOSITION.—The individuals selected 
under paragraph (1) shall include— 
(A) representatives of affected shippers 
and suppliers; 
(B) representatives of State and Federal 
water managers; and 
(C) other interested persons with direct 
knowledge of the Inland Waterways System. 
(c) FRAMEWORK AND AGENDA.—The Secretary shall 
work with a group of the individuals selected under sub-
143 
section (b) to develop the framework and agenda for the 
stakeholder roundtable. 
(d) CONDUCT OF STAKEHOLDER ROUNDTABLE.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date on which the Secretary submits to 
Congress the report required by section 214(b), the 
Secretary shall conduct the stakeholder roundtable. 
(2) ISSUES
TO
BE
DISCUSSED.—The stake-
holder roundtable shall provide for the review and 
evaluation described in subsection (a) and shall in-
clude the following: 
(A) An evaluation of alternatives that have 
been developed to address funding options for 
the Inland Waterways System. 
(B) An evaluation of the funding status of 
the Inland Waterways Trust Fund. 
(C) Prioritization of the ongoing and pro-
jected water infrastructure needs of the Inland 
Waterways System. 
(D) Identification of a process forward for 
meeting such needs, with timeline for address-
ing the funding challenges for the inland water-
ways trust system. 
(e) REPORT TO CONGRESS.—Not later than 180 days 
after the date on which the Secretary submits to Congress
144 
the report required by section 214(b), the Secretary shall 
submit to Congress a report that contains— 
(1) a summary the stakeholder roundtable, in-
cluding areas of concurrence on funding approaches 
and areas or disagreement in meeting funding needs; 
and 
(2) recommendations developed by the Sec-
retary for logical next steps to address the issues 
discussed at the stakeholder roundtable. 
SEC. 216. PRESERVING THE INLAND WATERWAY TRUST 
FUND. 
(a) OLMSTED PROJECT REFORM.— 
(1) IN
GENERAL.—Notwithstanding section 
3(a)(6) of the Water Resources Development Act of 
1988 (102 Stat. 4013), for each fiscal year begin-
ning after the date of enactment of this Act, 25 per-
cent of the cost of construction for the Olmsted 
Project shall be paid from amounts appropriated 
from the Inland Waterways Trust Fund. 
(2) DEFINITION.—In this subsection the term 
‘‘Olmsted Project’’ means the project for navigation, 
Lower Ohio River, Locks 52 and 53, Illinois and 
Kentucky, authorized by section 3(a)(6) of the 
Water Resources Development Act of 1988 (102 
Stat. 4013).
145 
(3) SENSE OF CONGRESS.—It is the sense of 
Congress that the appropriation for the Olmsted 
project should be not less than $150,000,000 for 
each fiscal year until construction of the project is 
completed. 
(4) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall 
submit a report to the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Environment and Public 
Works of the Senate regarding the lessons learned 
from the experience of planning and constructing the 
Olmsted Project and how such lessons might apply 
to future inland waterway studies and projects. 
(b) ANNUAL REPORT ON PROGRESS AND COSTS.— 
For any inland waterways project that the Secretary car-
ries out that has an estimated total cost of $500,000,000 
or more, the Secretary shall submit to the congressional 
committees referred to in subsection (a)(4) an annual fi-
nancial plan for the project. The plan shall be based on 
detailed annual estimates of the cost to complete the re-
maining elements of the project and on reasonable as-
sumptions, as determined by the Secretary, of any future 
increases of the cost to complete the project.
146 
SEC. 217. PUBLIC COMMENT ON LOCK OPERATIONS. 
At least 90 days before carrying out a proposed modi-
fication to the operation of a lock at a project for naviga-
tion on the inland waterways, the Secretary shall— 
(1) provide notice of the proposed modification 
in the Federal Register; and 
(2) accept public comments on the proposed 
modification. 
SEC. 218. ASSESSMENT OF OPERATION AND MAINTENANCE 
NEEDS OF THE ATLANTIC INTRACOASTAL 
WATERWAY AND THE GULF INTRACOASTAL 
WATERWAY. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary shall assess 
the operation and maintenance needs of the Atlantic In-
tracoastal Waterway and the Gulf Intracoastal Waterway. 
(b) TYPES OF ACTIVITIES.—In carrying out sub-
section (a), the Secretary shall assess the operation and 
maintenance needs of the Atlantic Intracoastal Waterway 
and the Gulf Intracoastal Waterway as used for the fol-
lowing purposes: 
(1) Commercial navigation. 
(2) Commercial fishing. 
(3) Subsistence, including utilization by Indian 
tribes (as such term is defined by section 4 of the 
Indian Self-Determination and Education Assistance
147 
Act (25 U.S.C. 450b)) for subsistence and ceremo-
nial purposes. 
(4) Use as ingress and egress to harbors of ref-
uge. 
(5) Transportation of persons. 
(6) Purposes relating to domestic energy pro-
duction, including fabrication, servicing, and supply 
of domestic offshore energy production facilities. 
(7) Activities of the Secretary of the depart-
ment in which the Coast Guard is operating. 
(8) Public health and safety related equipment 
for responding to coastal and inland emergencies. 
(9) Recreation purposes. 
(10) Any other authorized purpose. 
(c) REPORT TO CONGRESS.—For fiscal year 2015, 
and biennially thereafter, in conjunction with the Presi-
dent’s annual budget submission to Congress under sec-
tion 1105(a) of title 31, United States Code, 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 that, with respect to the Atlantic Intracoastal 
Waterway and the Gulf Intracoastal Waterway—
148 
(1) identifies the operation and maintenance 
costs required to achieve the authorized length, 
width, and depth; 
(2) identifies the amount of funding requested 
in the President’s budget for operation and mainte-
nance costs; and 
(3) identifies the unmet operation and mainte-
nance needs of the Atlantic Intracoastal Waterway 
and the Gulf Intracoastal Waterway. 
SEC. 219. UPPER MISSISSIPPI RIVER PROTECTION. 
(a) ECONOMIC IMPACT STUDY.—Not later than 180 
days after the date of enactment of this Act, the Secretary 
shall conduct a study and submit to Congress a report 
on the impact of closing the Upper St. Anthony Falls Lock 
and Dam on the economy and the environment, including 
an assessment of the annual average tonnage moving 
through the Upper St. Anthony Falls Lock and Dam dur-
ing the preceding 5 years. 
(b) MANDATORY CLOSURE.—Not later than 1 year 
after the date of enactment of this Act, the Secretary shall 
close the Upper St. Anthony Falls Lock and Dam if the 
Secretary determines pursuant to the study conducted 
under subsection (a), or based on other appropriate infor-
mation made available to the Secretary, that the annual 
average tonnage moving through the Upper St. Anthony
149 
Falls Lock and Dam during the preceding 5 years was 
not more than 1,500,000 tons. 
(c) EMERGENCY OPERATIONS.—Nothing in this sec-
tion may be construed to prevent the Secretary from car-
rying out emergency lock operations necessary to mitigate 
flood damage. 
(d) UPPER ST. ANTHONY FALLS LOCK AND DAM 
DEFINED.—In this section, the term ‘‘Upper St. Anthony 
Falls Lock and Dam’’ means the lock and dam located 
on Mississippi River Mile 853.9 in Minneapolis, Min-
nesota. 
SEC. 220. CORPS OF ENGINEERS LOCK AND DAM ENERGY 
DEVELOPMENT. 
Section 1117 of the Water Resources Development 
Act of 1986 (100 Stat. 4236) is amended to read as fol-
lows: 
‘‘SEC. 1117. W.D. MAYO LOCK AND DAM. 
‘‘(a) IN GENERAL.—The Cherokee Nation of Okla-
homa may— 
‘‘(1) design and construct one or more hydro-
electric generating facilities at the W.D. Mayo Lock 
and Dam on the Arkansas River, Oklahoma; and 
‘‘(2) market the electricity generated from any 
such facility. 
‘‘(b) PRECONSTRUCTION REQUIREMENTS.—
150 
‘‘(1) PERMITS.—Before the date on which con-
struction of a hydroelectric generating facility begins 
under subsection (a), the Cherokee Nation shall ob-
tain any permit required under Federal or State law, 
except that the Cherokee Nation shall be exempt 
from licensing requirements that may otherwise 
apply to construction, operation, or maintenance of 
the facility under the Federal Power Act (16 U.S.C. 
791a et seq.). 
‘‘(2) REVIEW
OF
PLANS
AND
SPECIFICA-
TIONS.—The Cherokee Nation may initiate the de-
sign or construction of a hydroelectric generating fa-
cility under subsection (a) only after the Secretary 
reviews and approves the plans and specifications for 
the design and construction. 
‘‘(c) PAYMENT
OF DESIGN
AND CONSTRUCTION 
COSTS.— 
‘‘(1) IN GENERAL.—The Secretary may accept 
funds offered by the Cherokee Nation and use such 
funds to carry out the design and construction of a 
hydroelectric generating facility under subsection 
(a). 
‘‘(2) ALLOCATION
OF
COSTS.—The Cherokee 
Nation shall—
151 
‘‘(A) bear all costs associated with the de-
sign and construction of a hydroelectric gener-
ating facility under subsection (a); and 
‘‘(B) provide any funds necessary for the 
design and construction to the Secretary prior 
to the Secretary initiating any activities related 
to the design and construction. 
‘‘(d) ASSUMPTION OF LIABILITY.—The Cherokee Na-
tion shall— 
‘‘(1) hold all title to a hydroelectric generating 
facility constructed under subsection (a) and may, 
subject to the approval of the Secretary, assign such 
title to a third party; 
‘‘(2) be solely responsible for— 
‘‘(A) the operation, maintenance, repair, 
replacement, and rehabilitation of the facility; 
and 
‘‘(B) the marketing of the electricity gen-
erated by the facility; and 
‘‘(3) release and indemnify the United States 
from any claims, causes of action, or liabilities that 
may arise out of any activity undertaken to carry 
out this section. 
‘‘(e) ASSISTANCE AVAILABLE.—The Secretary may 
provide technical and construction management assistance
152 
requested by the Cherokee Nation relating to the design 
and construction of a hydroelectric generating facility 
under subsection (a). 
‘‘(f) THIRD PARTY AGREEMENTS.—The Cherokee 
Nation may enter into agreements with the Secretary or 
a third party that the Cherokee Nation or the Secretary 
determines are necessary to carry out this section.’’. 
TITLE III—DEAUTHORIZATIONS 
AND BACKLOG PREVENTION 
SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS. 
(a) PURPOSES.—The purposes of this section are— 
(1) to identify $12,000,000,000 in water re-
sources development projects authorized by Congress 
that are no longer viable for construction due to— 
(A) a lack of local support; 
(B) a lack of available Federal or non-Fed-
eral resources; or 
(C) an authorizing purpose that is no 
longer relevant or feasible; 
(2) to create an expedited and definitive process 
to deauthorize water resources development projects 
that are no longer viable for construction; and 
(3) to allow the continued authorization of 
water resources development projects that are viable 
for construction.
153 
(b) DEAUTHORIZATION OF PROJECTS AUTHORIZED 
BEFORE WRDA 2007.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Secretary 
shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Environment and Public 
Works of the Senate, and shall publish in the Fed-
eral Register, a report that lists each authorized 
water resources development project, or separable 
element of a project, authorized for construction be-
fore November 8, 2007— 
(A) for which— 
(i) construction was not initiated be-
fore the date of enactment of this Act; or 
(ii) construction was initiated before 
the date of enactment of this Act, but for 
which no funds, Federal or non-Federal, 
were obligated for construction of the 
project or separable element during the 5- 
year period ending on July 1, 2013; and 
(B) that is identified in accordance with 
paragraph (3). 
(2) SPECIAL RULE FOR ONGOING CONSTRUC-
TION.—A project or separable element shall not be
154 
listed pursuant to paragraph (1)(A)(ii) if the project 
or separable element is being constructed as of the 
date of enactment of this Act. 
(3) IDENTIFICATION OF PROJECTS.— 
(A) IN
GENERAL.—The Secretary shall 
identify in the report submitted under para-
graph (1) projects and separable elements 
that— 
(i) meet the requirements described in 
subparagraph (A) of that paragraph; and 
(ii) in the aggregate have an esti-
mated Federal cost to complete (as of the 
date of the report) that is at least 
$12,000,000,000. 
(B) SEQUENCING OF PROJECTS.—In iden-
tifying projects and separable elements under 
subparagraph (A), the Secretary shall identify 
projects and separable elements according to 
the order in which the projects and separable 
elements were authorized, beginning with the 
earliest authorized projects and separable ele-
ments and ending upon the aggregate estimated 
Federal cost to complete for the projects and 
separable elements identified satisfying the re-
quirement under subparagraph (A)(ii).
155 
(4) CONGRESSIONAL
REVIEW
PERIOD; 
DE-
AUTHORIZATION.—After the expiration of the 180- 
day period beginning on the date of the submission 
of the report under this subsection, any project or 
separable element identified in that report is hereby 
deauthorized, unless during such period the non- 
Federal interest for the project or separable element 
provides, under Federal law, all funds necessary to 
complete the project or separable element. 
(c) TREATMENT OF PROJECT MODIFICATIONS.—For 
purposes of this section, if an authorized water resources 
development project or separable element has been modi-
fied in an Act of Congress, the date of the authorization 
of the project or separable element shall be deemed to be 
the date of the most recent such modification. 
SEC. 302. REVIEW OF CORPS OF ENGINEERS ASSETS. 
(a) ASSESSMENT AND INVENTORY.—Not later than 
1 year after the date of enactment of this Act, the Sec-
retary shall conduct an assessment of all properties under 
the control of the Corps of Engineers and develop an in-
ventory of the properties that are not needed for the mis-
sions of the Corps of Engineers. 
(b) CRITERIA.—In conducting the assessment and 
developing the inventory under subsection (a), the Sec-
retary shall use the following criteria: