H. R. 3080—71 
‘‘(4) INDEPENDENT JUDGMENT.—Any advice or recommenda-
tion made by the Users Board to the 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 frequently than once each 
quarter to the Users Board the status of the study, design, 
or construction of all commercial navigation features or compo-
nents 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 commercial naviga-
tion feature or component of the inland 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 Secretary, in coordination 
with the Users Board, shall develop and submit to Congress 
a report describing a 20-year program for making capital invest-
ments on the inland and intracoastal waterways based on the 
application of objective, national project selection prioritization 
criteria. 
‘‘(2) CONSIDERATION.—In developing the program under 
paragraph (1), the Secretary shall take into consideration the 
20-year capital investment strategy contained in the Inland 
Marine Transportation System (IMTS) Capital Projects Busi-
ness 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 Secretary shall ensure, to 
the maximum extent practicable, 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 waterways 
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 Sec-
retary, in coordination with the Users Board, shall— 
‘‘(A) submit to Congress and make publicly available 
a strategic review of the 20-year program in effect under 
this subsection, which shall identify and explain any 
changes to the project-specific recommendations contained 
in the previous 20-year program (including any changes 
to the prioritization criteria used to develop the updated 
recommendations); and 
‘‘(B) make revisions to the program, as appropriate. 
‘‘(e) PROJECT MANAGEMENT PLANS.—The chairperson of the 
Users Board and the project development team member appointed 
by the chairperson under subsection (b)(3) may sign the project 
management plan for the qualifying project or the study or design 
of a commercial navigation feature or component of the inland 
waterways and inland harbors of the United States. 
‘‘(f) ADMINISTRATION.— 
‘‘(1) IN GENERAL.—The Users Board shall be subject to 
the Federal Advisory Committee Act (5 U.S.C. App.), other
H. R. 3080—72 
than section 14, and, with the consent of the appropriate agency 
head, the Users Board may use the facilities and services 
of any Federal agency. 
‘‘(2) MEMBERS
NOT
CONSIDERED
SPECIAL
GOVERNMENT 
EMPLOYEES.—For the purposes of complying with the Federal 
Advisory Committee Act (5 U.S.C. App.), the members of the 
Users Board shall not be considered special Government 
employees (as defined in section 202 of title 18, United States 
Code). 
‘‘(3) TRAVEL EXPENSES.—Non-Federal members of the Users 
Board while engaged in the performance of their duties away 
from their homes or regular places of business, may be allowed 
travel expenses, including per diem in lieu of subsistence, as 
authorized by section 5703 of title 5, United States Code.’’. 
SEC. 2003. 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 options. 
SEC. 2004. INLAND WATERWAYS REVENUE STUDIES. 
(a) INLAND WATERWAYS CONSTRUCTION BONDS STUDY.— 
(1) STUDY.—The Secretary, in coordination with the heads 
of appropriate Federal agencies, shall conduct a study on the 
potential benefits and implications of authorizing the issuance 
of federally tax-exempt bonds secured against the available 
proceeds, including projected annual receipts, in the Inland 
Waterways Trust Fund established by section 9506(a) of the 
Internal Revenue Code of 1986. 
(2) CONTENTS.—In carrying out the study, the Secretary 
shall examine the implications of issuing such bonds, including 
the potential revenues that could be generated and the projected 
net cost to the Treasury, including loss of potential revenue. 
(3) CONSULTATION.—In carrying out the study, the Sec-
retary, at a minimum, shall consult with— 
(A) representatives of the Inland Waterway 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 commercial 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 waterways, including per-
sons owning, operating, using, or otherwise benefitting 
from— 
(i) hydropower generation facilities; 
(ii) electric utilities that rely on the waterways 
for cooling of existing electricity generation facilities;
H. R. 3080—73 
(iii) municipal and industrial water supply; 
(iv) recreation; 
(v) irrigation water supply; or 
(vi) flood damage reduction; and 
(D) other stakeholders associated with the inland and 
intracoastal waterways, as identified by the Secretary. 
(4) REPORT TO CONGRESS.— 
(A) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall submit to 
the Committee on Environment and Public Works, the 
Committee on Finance, and the Committee on the Budget 
of the Senate and the Committee on Transportation and 
Infrastructure, the Committee on Ways and Means, and 
the Committee on the Budget of the House of Representa-
tives, and make publicly available, a report on the results 
of the study. 
(B) IDENTIFICATION OF ISSUES.—As part of the report, 
the Secretary shall identify any potential benefits or other 
implications of the issuance of bonds described in sub-
section (a)(1), including any potential changes in Federal 
or State law that may be necessary to provide such benefits 
or to address such implications. 
(b) POTENTIAL REVENUE SOURCES
FOR INLAND
AND INTRA-
COASTAL WATERWAYS INFRASTRUCTURE.— 
(1) IN GENERAL.—The Secretary shall conduct a study and 
submit to Congress a report on potential revenue sources from 
which funds 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 Sec-
retary shall evaluate an array of potential revenue sources 
from which funds could be collected in amounts that, when 
combined with funds generated by section 4042 of the 
Internal Revenue Code of 1986, are sufficient to support 
one-half of annual construction expenditure levels of 
$380,000,000 for the authorized purposes of the Inland 
Waterways Trust Fund. 
(B) POTENTIAL REVENUE SOURCES FOR STUDY.—In car-
rying out the study, the Secretary, at a minimum, shall— 
(i) evaluate potential revenue sources identified 
in and documented by known authorities of the Inland 
Waterways System; and 
(ii) review appropriate reports and associated lit-
erature related to revenue sources. 
(3) CONDUCT OF STUDY.—In carrying out the study, the 
Secretary shall— 
(A) take into consideration whether the potential reve-
nues from other sources— 
(i) are equitably associated with the construction, 
operation, and maintenance of inland and intracoastal 
waterway infrastructure, including locks, dams, and 
navigation channels; and 
(ii) can be efficiently collected; 
(B) consult with, at a minimum— 
(i) representatives of the Inland Waterways Users 
Board; and
H. R. 3080—74 
(ii) representatives of other nonnavigation bene-
ficiaries of inland and intracoastal waterway infra-
structure, including 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; 
(VIII) local and regional economic develop-
ment; 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 
to the Committee on Environment and Public Works, the Com-
mittee on Finance, and the Committee on the Budget of the 
Senate and the Committee on Transportation and Infrastruc-
ture, the Committee on Ways and Means, and the Committee 
on the Budget of the House of Representatives, and make 
publicly available, a report on the results of the study. 
SEC. 2005. INLAND WATERWAYS STAKEHOLDER ROUNDTABLE. 
(a) IN GENERAL.—The Secretary shall conduct an inland water-
ways stakeholder roundtable to provide for a review and evaluation 
of issues related to financial management of the inland and intra-
coastal waterways. 
(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 2004(b), the Secretary, in consultation with the 
Inland Waterways Users Board, shall select individuals to be 
invited to participate in the stakeholder roundtable. 
(2) COMPOSITION.—The individuals selected under para-
graph (1) shall include— 
(A) representatives of the primary users, shippers, and 
suppliers utilizing the inland and intracoastal waterways 
for commercial purposes; 
(B) representatives of State and Federal agencies 
having a direct and substantial interest in the commercial 
use of the inland and intracoastal waterways; 
(C) representatives of other nonnavigation beneficiaries 
of the inland and intracoastal waterways infrastructure, 
including individuals benefitting from— 
(i) municipal water supply; 
(ii) hydropower; 
(iii) recreation; 
(iv) industrial water supply; 
(v) flood damage reduction; 
(vi) agricultural water supply;
H. R. 3080—75 
(vii) environmental restoration; 
(viii) local and regional economic development; or 
(ix) local real estate interests; and 
(D) other interested individuals with significant finan-
cial and engineering expertise and direct knowledge of 
the inland and coastal waterways. 
(c) FRAMEWORK AND AGENDA.—The Secretary shall work with 
a group of the individuals selected under subsection (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 2004(b), the Secretary shall conduct the stakeholder 
roundtable. 
(2) ISSUES TO BE DISCUSSED.—The stakeholder roundtable 
shall provide for the review and evaluation described in sub-
section (a) and shall include the following: 
(A) An evaluation of any recommendations that have 
been developed to address funding options for the inland 
and coastal waterways, including any recommendations in 
the report required under section 2004(b). 
(B) An evaluation of the funding status of the inland 
and coastal waterways. 
(C) Identification and evaluation of the ongoing and 
projected water infrastructure needs of the inland and 
coastal waterways. 
(D) Identification of a process for meeting such needs, 
with timeline for addressing the funding challenges for 
the Inland Waterways Trust Fund. 
(e) REPORT TO CONGRESS.—Not later than 180 days after the 
date on which the Secretary submits to Congress the report required 
by section 2004(b), the Secretary shall submit to Congress and 
make publicly available a report that contains— 
(1) a summary of the stakeholder roundtable, including 
areas of concurrence on funding approaches and areas of dis-
agreement in meeting funding needs; and 
(2) recommendations developed by the Secretary for next 
steps to address the issues discussed at the stakeholder round-
table. 
SEC. 2006. PRESERVING THE INLAND WATERWAY TRUST FUND. 
(a) OLMSTED PROJECT REFORM.— 
(1) DEFINITION OF OLMSTED PROJECT.—In this subsection, 
the term ‘‘Olmsted Project’’ means the project for navigation, 
Lower Ohio River, Locks and Dams 52 and 53, Illinois and 
Kentucky, authorized by section 3(a)(6) of the Water Resources 
Development Act of 1988 (102 Stat. 4013). 
(2) OLMSTED PROJECT REFORM.—Notwithstanding section 
3(a)(6) of the Water Resources Development Act of 1988 (102 
Stat. 4013), for each fiscal year beginning after September 
30, 2014, 15 percent of the cost of construction for the Olmsted 
Project shall be paid from amounts appropriated from the 
Inland Waterways Trust Fund. 
(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.
H. R. 3080—76 
(4) REHABILITATION OF PROJECTS.—Section 205(1)(E)(ii) of 
the Water Resources Development Act of 1992 (33 U.S.C. 
2327(1)(E)(ii)) is amended by striking ‘‘$8,000,000’’ and 
inserting ‘‘$20,000,000’’. 
SEC. 2007. INLAND WATERWAYS OVERSIGHT. 
(a) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Secretary shall submit to the Committee on Environ-
ment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives 
and make publicly available a report 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 FINANCIAL REVIEW.—For any inland waterways 
project that the Secretary carries 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) an annual 
financial plan for the project. The plan shall be based on detailed 
annual estimates of the cost to complete the remaining elements 
of the project and on reasonable assumptions, as determined by 
the Secretary, of any future increases of the cost to complete the 
project. 
(c) GOVERNMENT ACCOUNTABILITY OFFICE REPORT.—As soon 
as practicable after the date of enactment of this Act, the Comp-
troller General of the United States shall conduct, and submit 
to Congress a report describing the results of, a study to determine 
why, and to what extent, the project for navigation, Lower Ohio 
River, Locks and Dams 52 and 53, Illinois and Kentucky (commonly 
known as the ‘‘Olmsted Locks and Dam project’’), authorized by 
section 3(a)(6) of the Water Resources Development Act of 1988 
(102 Stat. 4013), has exceeded the budget for the project and the 
reasons why the project failed to be completed as scheduled, 
including an assessment of— 
(1) engineering methods used for the project; 
(2) the management of the project; 
(3) contracting for the project; 
(4) the cost to the United States of benefits foregone due 
to project delays; and 
(5) such other contributory factors as the Comptroller Gen-
eral determines to be appropriate. 
SEC. 2008. 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 Intracoastal Waterway and 
the Gulf Intracoastal Waterway. 
(b) TYPES OF ACTIVITIES.—In carrying out subsection (a), the 
Secretary shall assess the operation and maintenance needs of 
the Atlantic Intracoastal Waterway and the Gulf Intracoastal 
Waterway as used for the following purposes: 
(1) Commercial navigation. 
(2) Commercial fishing.
H. R. 3080—77 
(3) Subsistence, including utilization by Indian tribes (as 
defined in section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b)) for subsistence and 
ceremonial purposes. 
(4) Use as ingress and egress to harbors of refuge. 
(5) Transportation of persons. 
(6) Purposes relating to domestic energy production, 
including fabrication, servicing, and supply of domestic offshore 
energy production facilities. 
(7) Activities of the Secretary of the department 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 annual budget submission by 
the President to Congress under section 1105(a) of title 31, United 
States Code, the Secretary shall submit to the Committee on 
Environment and Public Works of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representa-
tives and make publicly available a report that, with respect to 
the Atlantic Intracoastal Waterway and the Gulf Intracoastal 
Waterway— 
(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 Presi-
dent’s budget for operation and maintenance costs; and 
(3) identifies the unmet operation and maintenance needs 
of the Atlantic Intracoastal Waterway and the Gulf Intracoastal 
Waterway. 
SEC. 2009. INLAND WATERWAYS RIVERBANK STABILIZATION. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, and biennially thereafter, the Secretary shall 
conduct a study to determine the feasibility of— 
(1) carrying out projects for the inland and intracoastal 
waterways for purposes of— 
(A) flood damage reduction; 
(B) emergency streambank and shoreline protection; 
and 
(C) prevention and mitigation of shore damages attrib-
utable to navigation improvements; and 
(2) modifying projects for the inland and intracoastal water-
ways for the purpose of improving the quality of the environ-
ment. 
(b) RECOMMENDATIONS.—In conducting the study, the Secretary 
shall develop specific project recommendations and prioritize those 
recommendations based on— 
(1) the extent of damage and land loss resulting from 
riverbank erosion; 
(2) the rate of erosion; 
(3) the significant threat of future flood risk to public 
property, public infrastructure, or public safety; 
(4) the destruction of natural resources or habitats; and 
(5) the potential cost savings for maintenance of the 
channel.
H. R. 3080—78 
(c) DISPOSITION.—The Secretary may carry out any project 
identified in the study conducted pursuant to subsection (a) in 
accordance with the criteria for projects carried out under one 
of the following authorities: 
(1) Section 14 of the Flood Control Act of 1946 (33 U.S.C. 
701r). 
(2) Section 205 of the Flood Control Act of 1948 (33 U.S.C. 
701s). 
(3) Section 111 of the River and Harbor Act of 1968 (33 
U.S.C. 426i). 
(4) Section 1135 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2309a). 
(d) ANNUAL REPORT.—For a project recommended pursuant 
to the study that cannot be carried out under any of the authorities 
specified in subsection (c), upon a determination by the Secretary 
of the feasibility of the project, the Secretary may include a rec-
ommendation concerning the project in the annual report submitted 
to Congress under section 7001. 
SEC. 2010. UPPER MISSISSIPPI RIVER PROTECTION. 
(a) DEFINITION OF UPPER ST. ANTHONY FALLS LOCK AND DAM.— 
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, Minnesota. 
(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. 
(c) EMERGENCY OPERATIONS.—Nothing in this section prevents 
the Secretary from carrying out emergency lock operations nec-
essary to mitigate flood damage. 
SEC. 2011. CORPS OF ENGINEERS LOCK AND DAM ENERGY DEVELOP-
MENT. 
Section 1117 of the Water Resources Development Act of 1986 
(100 Stat. 4236) is amended to read as follows: 
‘‘SEC. 1117. W.D. MAYO LOCK AND DAM. 
‘‘(a) IN GENERAL.—The Cherokee Nation of Oklahoma may— 
‘‘(1) design and construct one or more hydroelectric gener-
ating 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.— 
‘‘(1) PERMITS.—Before the date on which construction of 
a hydroelectric generating facility begins under subsection (a), 
the Cherokee Nation shall obtain 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 SPECIFICATIONS.—The Cherokee 
Nation may initiate the design or construction of a hydroelectric 
generating facility 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
H. R. 3080—79 
design and construction of a hydroelectric generating facility 
under subsection (a). 
‘‘(2) ALLOCATION OF COSTS.—The Cherokee Nation shall— 
‘‘(A) bear all costs associated with the design and 
construction of a hydroelectric generating facility under 
subsection (a); and 
‘‘(B) provide any funds necessary for the design and 
construction to the Secretary prior to the Secretary initi-
ating any activities related to the design and construction. 
‘‘(d) ASSUMPTION OF LIABILITY.—The Cherokee Nation shall— 
‘‘(1) hold all title to a hydroelectric generating facility con-
structed 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 generated 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 tech-
nical and construction management assistance requested by the 
Cherokee Nation relating to the design and construction of a hydro-
electric 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.’’. 
SEC. 2012. RESTRICTED AREAS AT CORPS OF ENGINEERS DAMS. 
Section 2 of the Freedom to Fish Act (127 Stat. 449) is 
amended— 
(1) in subsection (b)(1) by striking ‘‘2 years after the date 
of enactment of this Act’’ and inserting ‘‘4 years after the 
date of enactment of the Water Resources Reform and Develop-
ment Act of 2014’’; 
(2) in the heading of subsection (c) by inserting ‘‘OR MODI-
FIED’’ 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 ‘‘2 years after the 
date of enactment of this Act’’ and inserting ‘‘4 years after 
the date of enactment of the Water Resources Reform and 
Development Act of 2014’’. 
SEC. 2013. OPERATION AND MAINTENANCE OF FUEL TAXED INLAND 
WATERWAYS. 
Section 102 of the Water Resources Development Act of 1986 
(33 U.S.C. 2212) is amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by inserting after subsection (b) the following: 
‘‘(c) FLOODGATES ON THE INLAND WATERWAYS.— 
‘‘(1) OPERATION AND MAINTENANCE CARRIED OUT BY THE 
SECRETARY.—Notwithstanding any other provision of law, the 
Secretary shall be responsible for the operation and mainte-
nance, including repair, of any flood gate, as well as any
H. R. 3080—80 
pumping station constructed within the channel as a single 
unit with that flood gate, that— 
‘‘(A) was constructed as of the date of enactment of 
the Water Resources Reform and Development Act of 2014 
as a feature of an authorized hurricane and storm damage 
reduction project; and 
‘‘(B) crosses an inland or intracoastal waterway 
described in section 206 of the Inland Waterways Revenue 
Act of 1978 (33 U.S.C. 1804). 
‘‘(2) NON-FEDERAL COST SHARE.—The non-Federal share of 
the cost of operation, maintenance, repair, rehabilitation, and 
replacement of any structure under this subsection shall be 
35 percent.’’. 
Subtitle B—Port and Harbor Maintenance 
SEC. 2101. FUNDING FOR HARBOR MAINTENANCE PROGRAMS. 
(a) DEFINITIONS.—In this section: 
(1) TOTAL
AMOUNT
OF
HARBOR
MAINTENANCE
TAXES 
RECEIVED.—The term ‘‘total amount of harbor maintenance 
taxes received’’ means, with respect to a fiscal year, the aggre-
gate of amounts appropriated, transferred, or credited to the 
Harbor Maintenance 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 pursu-
ant to section 1105 of title 31, United States Code. 
(2) TOTAL
BUDGET
RESOURCES.—The term ‘‘total budget 
resources’’ means the total amount made available by appro-
priations Acts from the Harbor Maintenance Trust Fund for 
a fiscal year for making expenditures under section 9505(c) 
of the Internal Revenue Code of 1986. 
(b) TARGET APPROPRIATIONS.— 
(1) IN GENERAL.—The target total budget resources made 
available to the Secretary from the Harbor Maintenance Trust 
Fund for a fiscal year shall be not less than the following: 
(A) For fiscal year 2015, 67 percent of the total amount 
of harbor maintenance taxes received in fiscal year 2014. 
(B) For fiscal year 2016, 69 percent of the total amount 
of harbor maintenance taxes received in fiscal year 2015. 
(C) For fiscal year 2017, 71 percent of the total amount 
of harbor maintenance taxes received in fiscal year 2016. 
(D) For fiscal year 2018, 74 percent of the total amount 
of harbor maintenance taxes received in fiscal year 2017. 
(E) For fiscal year 2019, 77 percent of the total amount 
of harbor maintenance taxes received in fiscal year 2018. 
(F) For fiscal year 2020, 80 percent of the total amount 
of harbor maintenance taxes received in fiscal year 2019. 
(G) For fiscal year 2021, 83 percent of the total amount 
of harbor maintenance taxes received in fiscal year 2020. 
(H) For fiscal year 2022, 87 percent of the total amount 
of harbor maintenance taxes received in fiscal year 2021. 
(I) For fiscal year 2023, 91 percent of the total amount 
of harbor maintenance taxes received in fiscal year 2022. 
(J) For fiscal year 2024, 95 percent of the total amount 
of harbor maintenance taxes received in fiscal year 2023.
H. R. 3080—81 
(K) For fiscal year 2025, and each fiscal year thereafter, 
100 percent of the total amount of harbor maintenance 
taxes received in the previous fiscal year. 
(2) USE OF AMOUNTS.—The total budget resources described 
in paragraph (1) may be used only for making expenditures 
under section 9505(c) of the Internal Revenue Code of 1986. 
(c) IMPACT ON OTHER FUNDS.— 
(1) SENSE OF CONGRESS.—It is the sense of Congress that 
any increase in funding for harbor maintenance programs under 
this section shall result from an overall increase in appropria-
tions for the civil works program of the Corps of Engineers 
and not from reductions in the appropriations for other pro-
grams, projects, and activities carried out by the Corps of 
Engineers for other authorized purposes. 
(2) APPLICATION.—The target total budget resources for 
a fiscal year specified in subsection (b)(1) shall only apply 
in a fiscal year for which the level of appropriations provided 
for the civil works program of the Corps of Engineers in that 
fiscal year is increased, as compared to the previous fiscal 
year, by a dollar amount that is at least equivalent to the 
dollar amount necessary to address such target total budget 
resources in that fiscal year. 
SEC. 2102. OPERATION AND MAINTENANCE OF HARBOR PROJECTS. 
(a) IN GENERAL.—Section 210 of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 2238) is amended by adding at the 
end the following: 
‘‘(c) OPERATION
AND MAINTENANCE
OF HARBOR PROJECTS.— 
‘‘(1) IN GENERAL.—To the maximum extent practicable, the 
Secretary shall make expenditures to pay for operation and 
maintenance costs of the harbors and inland harbors referred 
to in subsection (a)(2), including expenditures of funds appro-
priated from the Harbor Maintenance Trust Fund, based on 
an equitable allocation of funds among all such harbors and 
inland harbors. 
‘‘(2) CRITERIA.— 
‘‘(A) IN GENERAL.—In determining an equitable alloca-
tion of funds under paragraph (1), the Secretary shall— 
‘‘(i) consider the information obtained in the assess-
ment conducted under subsection (e); 
‘‘(ii) consider the national and regional significance 
of harbor operations and maintenance; and 
‘‘(iii) as appropriate, consider national security and 
military readiness needs. 
‘‘(B) LIMITATION.—The Secretary shall not allocate 
funds under paragraph (1) based solely on the tonnage 
transiting through a harbor. 
‘‘(3) EMERGING
HARBOR
PROJECTS.—Notwithstanding any 
other provision of this subsection, in making expenditures 
under paragraph (1) for each of fiscal years 2015 through 
2022, the Secretary shall allocate for operation and mainte-
nance costs of emerging harbor projects an amount that is 
not less than 10 percent of the funds made available under 
this section for fiscal year 2012 to pay the costs described 
in subsection (a)(2). 
‘‘(4) MANAGEMENT OF GREAT LAKES NAVIGATION SYSTEM.— 
To sustain effective and efficient operation and maintenance
H. R. 3080—82 
of the Great Lakes Navigation System, including any navigation 
feature in the Great Lakes that is a Federal responsibility 
with respect to operation and maintenance, the Secretary shall 
manage all of the individually authorized projects in the Great 
Lakes Navigation System as components of a single, com-
prehensive system, recognizing the interdependence of the 
projects. 
‘‘(d) PRIORITIZATION.— 
‘‘(1) PRIORITY.— 
‘‘(A) IN
GENERAL.—For each of fiscal years 2015 
through 2024, if priority funds are available, the Secretary 
shall use the priority funds as follows: 
‘‘(i) 90 percent of the priority funds shall be used 
for high- and moderate-use harbor projects. 
‘‘(ii) 10 percent of the priority funds shall be used 
for emerging harbor projects. 
‘‘(B) ADDITIONAL CONSIDERATIONS.—For each of fiscal 
years 2015 through 2024, of the priority funds available, 
the Secretary shall use— 
‘‘(i) not less than 5 percent of such funds for under-
served harbor projects; and 
‘‘(ii) not less than 10 percent of such funds for 
projects that are located within the Great Lakes 
Navigation System. 
‘‘(C) UNDERSERVED HARBORS.—In determining which 
underserved harbor projects shall receive funds under this 
paragraph, the Secretary shall consider— 
‘‘(i) the total quantity of commerce supported by 
the water body on which the project is located; and 
‘‘(ii) the minimum width and depth that— 
‘‘(I) would be necessary at the underserved 
harbor project to provide sufficient clearance for 
fully loaded commercial vessels using the under-
served harbor project to maneuver safely; and 
‘‘(II) does not exceed the constructed width 
and depth of the authorized navigation project. 
‘‘(2) EXPANDED USES.— 
‘‘(A) DEFINITION
OF
ELIGIBLE
HARBOR
OR
INLAND 
HARBOR
DEFINED.—In this paragraph, the term ‘eligible 
harbor or inland harbor’ means a harbor or inland harbor 
at which the total amount of harbor maintenance taxes 
collected in the immediately preceding 3 fiscal years 
exceeds the value of the work carried out for the harbor 
or inland harbor using amounts from the Harbor Mainte-
nance Trust Fund during those 3 fiscal years. 
‘‘(B) USE OF EXPANDED USES FUNDS.— 
‘‘(i) FISCAL YEARS 2015 THROUGH 2024.—For each 
of fiscal years 2015 through 2024, of the priority funds 
available, the Secretary shall use not less than 10 
percent of such funds for expanded uses carried out 
at an eligible harbor or inland harbor. 
‘‘(ii) SUBSEQUENT FISCAL YEARS.—For fiscal year 
2025 and each fiscal year thereafter, the Secretary 
shall use not less than 10 percent of the priority funds 
available for expanded uses carried out at an eligible 
harbor or inland harbor.
H. R. 3080—83 
‘‘(C) PRIORITIZATION.—In allocating funds under this 
paragraph, the Secretary shall give priority to projects 
at eligible harbors or inland harbors for which the dif-
ference, calculated in dollars, is greatest between— 
‘‘(i) the total amount of funding made available 
for projects at that eligible harbor or inland harbor 
from the Harbor Maintenance Trust Fund in the imme-
diately preceding 3 fiscal years; and 
‘‘(ii) the total amount of harbor maintenance taxes 
collected at that harbor or inland harbor in the imme-
diately preceding 3 fiscal years. 
‘‘(3) REMAINING FUNDS.— 
‘‘(A) IN
GENERAL.—For each of fiscal years 2015 
through 2024, if after fully funding all projects eligible 
for funding under paragraphs (1)(B) and (2)(B)(i), priority 
funds made available under those paragraphs remain 
unobligated, the Secretary shall use those remaining funds 
to pay for operation and maintenance costs of any harbor 
or inland harbor referred to in subsection (a)(2) based 
on an equitable allocation of those funds among the harbors 
and inland harbors. 
‘‘(B) CRITERIA.—In determining an equitable allocation 
of funds under subparagraph (A), the Secretary shall— 
‘‘(i) use the criteria specified in subsection (c)(2)(A); 
and 
‘‘(ii) make amounts available in accordance with 
the requirements of paragraph (1)(A). 
‘‘(4) EMERGENCY
EXPENDITURES.—Nothing in this sub-
section prohibits the Secretary from making an expenditure 
to pay for the operation and maintenance costs of a specific 
harbor or inland harbor, including the transfer of funding from 
the operation and maintenance of a separate project, if— 
‘‘(A) the Secretary determines that the action is nec-
essary to address the navigation needs of a harbor or 
inland harbor where safe navigation has been severely 
restricted due to an unforeseen event; and 
‘‘(B) the Secretary provides within 90 days of the action 
notice and information on the need for the action to the 
Committee on Environment and Public Works and the 
Committee on Appropriations of the Senate and the Com-
mittee on Transportation and Infrastructure and the Com-
mittee on Appropriations of the House of Representatives. 
‘‘(e) ASSESSMENT OF HARBORS AND INLAND HARBORS.— 
‘‘(1) IN GENERAL.—Not later than 270 days after the date 
of enactment of this subsection, and biennially thereafter, the 
Secretary shall assess the operation and maintenance needs 
and uses of the harbors and inland harbors referred to in 
subsection (a)(2). 
‘‘(2) ASSESSMENT OF HARBOR NEEDS AND ACTIVITIES.— 
‘‘(A) TOTAL OPERATION AND MAINTENANCE NEEDS OF 
HARBORS.—In carrying out paragraph (1), the Secretary 
shall identify— 
‘‘(i) the total future costs required to achieve and 
maintain the constructed width and depth for the har-
bors and inland harbors referred to in subsection (a)(2); 
and
H. R. 3080—84 
‘‘(ii) the total expected costs for expanded uses 
at eligible harbors or inland harbors referred to in 
subsection (d)(2). 
‘‘(B) USES OF HARBORS AND INLAND HARBORS.—In car-
rying out paragraph (1), the Secretary shall identify current 
uses (and, to the extent practicable, assess the national, 
regional, and local benefits of such uses) of harbors and 
inland harbors referred to in subsection (a)(2), including 
the use of those harbors for— 
‘‘(i) commercial navigation, including the move-
ment of goods; 
‘‘(ii) domestic trade; 
‘‘(iii) international trade; 
‘‘(iv) commercial fishing; 
‘‘(v) subsistence, including use by Indian tribes 
(as defined in section 4 of the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 450b)) 
for subsistence and ceremonial purposes; 
‘‘(vi) use as a harbor of refuge; 
‘‘(vii) transportation of persons; 
‘‘(viii) purposes relating to domestic energy produc-
tion, including the fabrication, servicing, or supply of 
domestic offshore energy production facilities; 
‘‘(ix) activities of the Secretary of the department 
in which the Coast Guard is operating; 
‘‘(x) activities of the Secretary of the Navy; 
‘‘(xi) public health and safety related equipment 
for responding to coastal and inland emergencies; 
‘‘(xii) recreation purposes; and 
‘‘(xiii) other authorized purposes. 
‘‘(3) REPORT TO CONGRESS.— 
‘‘(A) IN GENERAL.—For fiscal year 2016, and biennially 
thereafter, in conjunction with the President’s annual 
budget submission to Congress under section 1105(a) of 
title 31, United States Code, the Secretary shall submit 
to the Committee on Environment and Public Works and 
the Committee on Appropriations of the Senate and the 
Committee on Transportation and Infrastructure and the 
Committee on Appropriations of the House of Representa-
tives a report that, with respect to harbors and inland 
harbors referred to in subsection (a)(2)— 
‘‘(i) identifies the operation and maintenance costs 
associated with the harbors and inland harbors, 
including those costs required to achieve and maintain 
the constructed width and depth for the harbors and 
inland harbors and the costs for expanded uses at 
eligible harbors and inland harbors, on a project-by- 
project basis; 
‘‘(ii) identifies the amount of funding requested 
in the President’s budget for the operation and mainte-
nance costs associated with the harbors and inland 
harbors, on a project-by-project basis; 
‘‘(iii) identifies the unmet operation and mainte-
nance needs associated with the harbors and inland 
harbors, on a project-by-project basis; and
H. R. 3080—85 
‘‘(iv) identifies the harbors and inland harbors for 
which the President will allocate funding over the sub-
sequent 5 fiscal years for operation and maintenance 
activities, on a project-by-project basis, including the 
amounts to be allocated for such purposes. 
‘‘(B) PUBLIC AVAILABILITY.—The Secretary shall make 
the report submitted under subparagraph (A) available 
to the public, including on the Internet. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) CONSTRUCTED
WIDTH
AND
DEPTH.—The term ‘con-
structed width and depth’ means the width and depth to which 
a project has been constructed, which may not exceed the 
authorized width and depth of the project. 
‘‘(2) EMERGING
HARBOR
PROJECT.—The term ‘emerging 
harbor project’ means a project that is assigned to a harbor 
or inland harbor referred to in subsection (a)(2) that transits 
less than 1,000,000 tons of cargo annually. 
‘‘(3) EXPANDED
USES.—The term ‘expanded uses’ means 
the following activities: 
‘‘(A) The maintenance dredging of a berth in a harbor 
that is accessible to a Federal navigation project and that 
benefits commercial navigation at the harbor. 
‘‘(B) The maintenance dredging and disposal of legacy- 
contaminated sediment, and sediment unsuitable for open 
water disposal, if— 
‘‘(i) such dredging and disposal benefits commercial 
navigation at the harbor; and 
‘‘(ii) such sediment is located in and affects the 
maintenance of a Federal navigation project or is 
located in a berth that is accessible to a Federal naviga-
tion project. 
‘‘(4) GREAT LAKES NAVIGATION SYSTEM.—The term ‘Great 
Lakes Navigation System’ includes— 
‘‘(A)(i) Lake Superior; 
‘‘(ii) Lake Huron; 
‘‘(iii) Lake Michigan; 
‘‘(iv) Lake Erie; and 
‘‘(v) Lake Ontario; 
‘‘(B) all connecting waters between the lakes referred 
to in subparagraph (A) used for commercial navigation; 
‘‘(C) any navigation features in the lakes referred to 
in subparagraph (A) or waters described in subparagraph 
(B) that are a Federal operation or maintenance responsi-
bility; and 
‘‘(D) areas of the Saint Lawrence River that are oper-
ated or maintained by the Federal Government for commer-
cial navigation. 
‘‘(5) HARBOR MAINTENANCE TAX.—The term ‘harbor mainte-
nance tax’ means the amounts collected under section 4461 
of the Internal Revenue Code of 1986. 
‘‘(6) HIGH-USE
HARBOR
PROJECT.—The term ‘high-use 
harbor project’ means a project that is assigned to a harbor 
or inland harbor referred to in subsection (a)(2) that transits 
not less than 10,000,000 tons of cargo annually. 
‘‘(7) MODERATE-USE HARBOR PROJECT.—The term ‘moderate- 
use harbor project’ means a project that is assigned to a harbor
H. R. 3080—86 
or inland harbor referred to in subsection (a)(2) that transits 
annually— 
‘‘(A) more than 1,000,000 tons of cargo; but 
‘‘(B) less than 10,000,000 tons of cargo. 
‘‘(8) PRIORITY FUNDS.—The term ‘priority funds’ means the 
difference between— 
‘‘(A) the total funds that are made available under 
this section to pay the costs described in subsection (a)(2) 
for a fiscal year; and 
‘‘(B) the total funds made available under this section 
to pay the costs described in subsection (a)(2) in fiscal 
year 2012. 
‘‘(9) UNDERSERVED HARBOR PROJECT.— 
‘‘(A) IN
GENERAL.—The term ‘underserved harbor 
project’ means a project that is assigned to a harbor or 
inland harbor referred to in subsection (a)(2)— 
‘‘(i) that is a moderate-use harbor project or an 
emerging harbor project; 
‘‘(ii) that has been maintained at less than the 
constructed width and depth of the project during each 
of the preceding 6 fiscal years; and 
‘‘(iii) for which State and local investments in infra-
structure have been made at those projects during 
the preceding 6 fiscal years. 
‘‘(B) ADMINISTRATION.—For purposes of this paragraph, 
State and local investments in infrastructure shall include 
infrastructure investments made using amounts made 
available for activities under section 105(a)(9) of the 
Housing and Community Development Act of 1974 (42 
U.S.C. 5305(a)(9)).’’. 
(b) OPERATION
AND MAINTENANCE.—Section 101(b)(1) of the 
Water Resources Development Act of 1986 (33 U.S.C. 2211(b)(1)) 
is amended by striking ‘‘45 feet’’ and inserting ‘‘50 feet’’. 
(c) CONFORMING
AMENDMENT.—Section 9505(c)(1) of the 
Internal Revenue Code of 1986 is amended by striking ‘‘(as in 
effect on the date of the enactment of the Water Resources Develop-
ment Act of 1996)’’. 
SEC. 2103. 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 CENTER OF EXPER-
TISE.— 
‘‘(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 Environment 
and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives a list of the grade levels and expertise of 
each of the personnel assigned to the center described 
in subparagraph (A).’’.
H. R. 3080—87 
SEC. 2104. REMOTE AND SUBSISTENCE HARBORS. 
Section 2006 of the Water Resources Development Act of 2007 
(33 U.S.C. 2242) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)(B) by inserting ‘‘or Alaska’’ after 
‘‘Hawaii’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘community’’ and inserting ‘‘region’’; 
and 
(ii) by inserting ‘‘, as determined by the Secretary, 
including consideration of information provided by the 
non-Federal interest’’ after ‘‘improvement’’; and 
(2) by adding at the end the following: 
‘‘(c) PRIORITIZATION.—Projects recommended by the Secretary 
under subsection (a) shall be given equivalent budget consideration 
and priority as projects recommended solely by national economic 
development benefits. 
‘‘(d) DISPOSITION.— 
‘‘(1) IN GENERAL.—The Secretary may carry out any project 
identified in the study carried out pursuant to subsection (a) 
in accordance with the criteria for projects carried out under 
the authority of the Secretary under section 107 of the River 
and Harbor Act of 1960 (33 U.S.C. 577). 
‘‘(2) NON-FEDERAL INTERESTS.—In evaluating and imple-
menting a project under this section, the Secretary shall allow 
a non-Federal interest to participate in the financing of a 
project in accordance with the criteria established for flood 
control projects under section 903(c) of the Water Resources 
Development Act of 1986 (Public Law 99–662; 100 Stat. 4184). 
‘‘(e) ANNUAL REPORT.—For a project that cannot be carried 
out under the authority specified in subsection (d), on a determina-
tion by the Secretary of the feasibility of the project under sub-
section (a), the Secretary may include a recommendation concerning 
the project in the annual report submitted to Congress under section 
7001.’’. 
SEC. 2105. ARCTIC DEEP DRAFT PORT DEVELOPMENT PARTNERSHIPS. 
(a) IN GENERAL.—The Secretary may provide technical assist-
ance to non-Federal public entities, including Indian tribes (as 
defined in section 4 of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450b)), for the development, construction, 
operation, and maintenance of channels, harbors, and related infra-
structure associated with deep draft ports for purposes of dealing 
with Arctic development and security needs. 
(b) ACCEPTANCE OF FUNDS.—The Secretary is authorized to 
accept and expend funds provided by non-Federal public entities, 
including Indian tribes (as defined in section 4 of the Indian Self- 
Determination and Education Assistance Act (25 U.S.C. 450b)), 
to carry out the technical assistance activities described in sub-
section (a). 
(c) LIMITATION.—No assistance may be provided under this 
section until after the date on which the entity to which that 
assistance is to be provided enters into a written agreement with 
the Secretary that includes such terms and conditions as the Sec-
retary determines to be appropriate and in the public interest. 
(d) PRIORITIZATION.—The Secretary shall prioritize technical 
assistance provided under this section for Arctic deep draft ports
H. R. 3080—88 
identified by the Secretary, the Secretary of Homeland Security, 
and the Secretary of Defense as important for Arctic development 
and security. 
SEC. 2106. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY 
TRANSFER PORTS. 
(a) DEFINITIONS.—In this section: 
(1) CARGO CONTAINER.—The term ‘‘cargo container’’ means 
a cargo container that is 1 Twenty-foot Equivalent Unit. 
(2) DONOR PORT.—The term ‘‘donor port’’ means a port— 
(A) that is subject to the harbor maintenance fee under 
section 24.24 of title 19, Code of Federal Regulations (or 
a successor regulation); 
(B) at which the total amount of harbor maintenance 
taxes collected comprise not less than $15,000,000 annually 
of the total funding of the Harbor Maintenance Trust Fund 
established under section 9505 of the Internal Revenue 
Code of 1986; 
(C) that received less than 25 percent of the total 
amount of harbor maintenance taxes collected at that port 
in the previous 5 fiscal years; and 
(D) that is located in a State in which more than 
2,000,000 cargo containers were unloaded from or loaded 
on to vessels in fiscal year 2012. 
(3) ENERGY
COMMODITY.—The term ‘‘energy commodity’’ 
includes— 
(A) petroleum products; 
(B) natural gas; 
(C) coal; 
(D) wind and solar energy components; and 
(E) biofuels. 
(4) ENERGY TRANSFER PORT.—The term ‘‘energy transfer 
port’’ means a port— 
(A) that is subject to the harbor maintenance fee under 
section 24.24 of title 19, Code of Federal Regulation (or 
any successor regulation); and 
(B)(i) at which energy commodities comprised greater 
than 25 percent of all commercial activity by tonnage in 
fiscal year 2012; and 
(ii) through which more than 40,000,000 tons of cargo 
were transported in fiscal year 2012. 
(5) EXPANDED USES.—The term ‘‘expanded uses’’ has the 
meaning given the term in section 210(f) of the Water Resources 
Development Act of 1986 (33 U.S.C. 2238(f)). 
(6) HARBOR MAINTENANCE TAX.—The term ‘‘harbor mainte-
nance tax’’ has the meaning given the term in section 210(f) 
of the Water Resources Development Act of 1986 (33 U.S.C. 
2238(f)). 
(b) AUTHORITY.— 
(1) IN GENERAL.—Subject to the availability of appropria-
tions, the Secretary may provide to donor ports and energy 
transfer ports amounts in accordance with this section. 
(2) LIMITATIONS.—Amounts provided under this section— 
(A) for energy transfer ports shall be divided equally 
among all States with an energy transfer port; and 
(B) shall be made available to a port as either a donor 
port or an energy transfer port and no port may receive
H. R. 3080—89 
amounts as both a donor port and an energy transfer 
port. 
(c) USE OF FUNDS.—Amounts provided under this section may 
be used by a donor port or an energy transfer port— 
(1) to provide payments to importers entering cargo or 
shippers transporting cargo through that port, as calculated 
by U.S. Customs and Border Protection according to the amount 
of harbor maintenance taxes collected; 
(2) for expanded uses; or 
(3) for environmental remediation related to dredging 
berths and Federal navigation channels. 
(d) ADMINISTRATION OF PAYMENTS.—If a donor port or an energy 
transfer port elects to provide payments to importers or shippers 
under subsection (c), the Secretary shall transfer the amount that 
would otherwise be provided to the port under this section that 
is equal to those payments to the Commissioner of U.S. Customs 
and Border Protection to provide the payments to the importers 
or shippers. 
(e) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than 18 months after the date 
of enactment of this section, the Secretary shall assess the 
impact of the authority provided by this section and submit 
to the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infrastruc-
ture of the House of Representatives and make publicly avail-
able a report on the results of that assessment, including any 
recommendations for amending or reauthorizing the authority. 
(2) FACTORS.—In carrying out the assessment under para-
graph (1), the Secretary shall assess— 
(A) the impact of the amounts provided and used under 
this section on those ports that received funds under this 
section; and 
(B) any impact on domestic harbors and ports that 
did not receive funds under this section. 
(f) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be appropriated 
to carry out this section $50,000,000 for each of fiscal years 
2015 through 2018. 
(2) DIVISION BETWEEN DONOR PORTS AND ENERGY TRANSFER 
PORTS.—For each fiscal year, amounts made available to carry 
out this section shall be provided in equal amounts to donor 
ports and energy transfer ports. 
(3) ADDITIONAL APPROPRIATIONS.—If the target total budget 
resources under subparagraphs (A) through (D) of section 
2101(b)(1) are met for each of fiscal years 2015 through 2018, 
there is authorized to be appropriated to carry out this section 
$50,000,000 for each of fiscal years 2019 through 2022. 
SEC. 2107. PRESERVING UNITED STATES HARBORS. 
(a) IN GENERAL.—Upon a request from a non-Federal interest, 
the Secretary shall review a report developed by the non-Federal 
interest that provides an economic justification for Federal invest-
ment in the operation and maintenance of a federally authorized 
harbor or inland harbor (referred to in this section as a ‘‘federally 
authorized harbor’’). 
(b) JUSTIFICATION OF INVESTMENT.—A report submitted under 
subsection (a) may provide for an economic justification of Federal