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‘‘(C) environmental restoration; and 
‘‘(D) surface water resource protection and 
development; and 
‘‘(2) technical assistance to small and rural com-
munities for water planning and issues relating to 
access to water resources.’’; and 
(2) by striking subsection (h) and inserting the 
following: 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section for 
the period beginning with fiscal year 2001 $450,000,000, 
which shall— 
‘‘(1) be made available to the States and locales 
described in subsection (b) consistent with program 
priorities determined by the Secretary in accordance 
with criteria developed by the Secretary to establish 
the program priorities; and 
‘‘(2) remain available until expended.’’.’’ 
SEC. 5014. CHESAPEAKE BAY OYSTER RESTORATION IN VIR-
GINIA AND MARYLAND. 
Section 704(b) of Water Resources Development Act of 
1986 (33 U.S.C. 2263(b)) is amended— 
(1) in paragraph (1), by striking ‘‘$50,000,000’’ 
and inserting ‘‘$70,000,000’’; and
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(2) by striking subparagraph (B) of paragraph 
(4) and inserting the following: 
‘‘(B) FORM.—The non-Federal share may 
be provided through in-kind services, includ-
ing— 
‘‘(i) the provision by the non-Federal 
interest of shell stock material that is deter-
mined by the Secretary to be suitable for 
use in carrying out the project; and 
‘‘(ii) in the case of a project carried 
out under paragraph (2)(D) after the date 
of enactment of this clause, land conserva-
tion or restoration efforts undertaken by the 
non-Federal interest that the Secretary de-
termines provide water quality benefits 
that— 
‘‘(I) enhance the viability of oys-
ter restoration efforts; and 
‘‘(II) are integral to the project.’’. 
SEC. 5015. MISSOURI RIVER BETWEEN FORT PECK DAM, 
MONTANA AND GAVINS POINT DAM, SOUTH 
DAKOTA AND NEBRASKA. 
Section 9(f) of the Act of December 22, 1944 (com-
monly known as the ‘‘Flood Control Act of 1944’’) (58 Stat.
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† HR 3080 EAS 
891, chapter 665; 102 Stat. 4031) is amended by striking 
‘‘$3,000,000’’ and inserting ‘‘$5,000,000’’. 
SEC. 5016. OPERATIONS AND MAINTENANCE OF INLAND 
MISSISSIPPI RIVER PORTS. 
(a) DEFINITIONS.—In this section: 
(1) SHALLOW DRAFT.—The term ‘‘shallow draft’’ 
means a project that has a depth less than 14 feet. 
(2) INLAND MISSISSIPPI RIVER.—The term ‘‘in-
land Mississippi River’’ means the portion of the Mis-
sissippi River that begins at the confluence of the 
Minnesota River and ends at the confluence of the 
Red River. 
(b) IN GENERAL.—The Secretary, acting through the 
Chief of Engineers, shall carry out dredging activities on 
shallow draft ports located on the Inland Mississippi River 
to the respective authorized widths and depths of those in-
land ports, as authorized on the date of enactment of this 
Act. 
(c) AUTHORIZATION OF APPROPRIATIONS.—For each 
fiscal year, there is authorized to be appropriated to the 
Secretary to carry out this section $25,000,000. 
SEC. 5017. 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)—
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(A) in paragraph (1)(B), by inserting ‘‘or 
Alaska’’ after ‘‘Hawaii’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘community’’ and in-
serting ‘‘region’’; and 
(ii) by inserting ‘‘, as determined by 
the Secretary based on information pro-
vided 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) CONSTRUCTION.— 
‘‘(1) IN GENERAL.—The Secretary may plan, de-
sign, or construct projects for navigation in the non-
contiguous States and territories of the United States 
if the Secretary finds that the project is— 
‘‘(A) technically feasible; 
‘‘(B) environmentally sound; and 
‘‘(C) economically justified. 
‘‘(2) SPECIAL RULE.—In evaluating and imple-
menting a project under this section, the Secretary 
shall allow the non-Federal interest to participate in
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the financing of the project in accordance with the 
criteria established for flood control projects in section 
903(c) of the Water Resources Development Act of 
1986 (Public Law 99–662; 100 Stat. 4184) if the de-
tailed project report evaluation indicates that apply-
ing that section is necessary to implement the project. 
‘‘(3) COST.—The Federal share of the cost of car-
rying out a project under this section shall not exceed 
$10,000,000. 
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
projects initiated by the Secretary under this sub-
section $100,000,000 for fiscal years 2014 through 
2023.’’. 
SEC. 5018. 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
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States Geological Survey, shall lead a multiagency ef-
fort to slow the spread of Asian carp in the Upper 
Mississippi and Ohio River basins and tributaries by 
providing high-level technical assistance, coordina-
tion, best practices, and support to State and local 
governments 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 lessons 
learned and best practices such as those described 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 the 
document prepared by the Asian Carp Regional Co-
ordinating Committee entitled ‘‘FY 2012 Asian Carp 
Control Strategy Framework’’ and dated February 
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 Appro-
priations and the Committee on Natural Resources of
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Mississippi and Ohio River basins and tribu-
taries; and 
(E) a cross-cut accounting of Federal and 
non-Federal expenditures to control the spread of 
Asian carp in the Upper Mississippi and Ohio 
River basins and tributaries. 
SEC. 5019. RELEASE OF USE RESTRICTIONS. 
Notwithstanding any other provision of law, the Ten-
nessee Valley Authority shall, without monetary consider-
ation, grant releases from real estate restrictions established 
pursuant to section 4(k)(b) of the Tennessee Valley Author-
ity Act of 1933 (16 U.S.C. 831c(k)(b)) with respect to tracts 
of land identified in section 4(k)(b) of that Act; provided 
that such releases shall be granted in a manner consistent 
with applicable TVA policies. 
SEC. 5020. RIGHTS AND RESPONSIBILITIES OF CHEROKEE 
NATION 
OF 
OKLAHOMA 
REGARDING 
W.D. 
MAYO LOCK AND DAM, OKLAHOMA. 
Section 1117 of the Water Resources Development Act 
of 1986 (Public Law 99–662; 100 Stat. 4236) is amended 
to read as follows: 
‘‘SEC. 1117. W.D. MAYO LOCK AND DAM, OKLAHOMA. 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Cherokee Nation of Oklahoma has author-
ization—
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‘‘(1) to design and construct 1 or more hydro-
electric generating facilities at the W.D. Mayo Lock 
and Dam on the Arkansas River in the State of Okla-
homa, subject to the requirements of subsection (b) 
and in accordance with the conditions specified in 
this section; and 
‘‘(2) to market the electricity generated from any 
such hydroelectric generating facility. 
‘‘(b) PRECONSTRUCTION REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The Cherokee Nation shall 
obtain any permit required by Federal or State law 
before the date on which construction begins on any 
hydroelectric generating facility under subsection (a). 
‘‘(2) REVIEW BY SECRETARY.—The Cherokee Na-
tion may initiate the design or construction of a hy-
droelectric generating facility under subsection (a) 
only after the Secretary reviews and approves the 
plans and specifications for the design and construc-
tion. 
‘‘(c) PAYMENT
OF
DESIGN
AND
CONSTRUCTION 
COSTS.— 
‘‘(1) IN GENERAL.—The Cherokee Nation shall— 
‘‘(A) bear all costs associated with the de-
sign and construction of any hydroelectric gener-
ating facility under subsection (a); and
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‘‘(B) provide any funds necessary for the 
design and construction to the Secretary prior to 
the Secretary initiating any activities relating to 
the design and construction of the hydroelectric 
generating facility. 
‘‘(2) USE BY SECRETARY.—The Secretary may— 
‘‘(A) accept funds offered by the Cherokee 
Nation under paragraph (1); and 
‘‘(B) use the funds to carry out the design 
and construction of any hydroelectric generating 
facility under subsection (a). 
‘‘(d) ASSUMPTION OF LIABILITY.—The Cherokee Na-
tion— 
‘‘(1) shall hold all title to any hydroelectric gen-
erating facility constructed under this section; 
‘‘(2) may, subject to the approval of the Sec-
retary, assign that title to a third party; 
‘‘(3) shall be solely responsible for— 
‘‘(A) the operation, maintenance, repair, re-
placement, and rehabilitation of any such facil-
ity; and 
‘‘(B) the marketing of the electricity gen-
erated by any such facility; and 
‘‘(4) shall release and indemnify the United 
States from any claims, causes of action, or liabilities
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that may arise out of any activity undertaken to 
carry out this section. 
‘‘(e) ASSISTANCE AVAILABLE.—Notwithstanding any 
other provision of law, the Secretary may provide any tech-
nical and construction management assistance requested by 
the Cherokee Nation relating to the design and construction 
of any hydroelectric generating facility under subsection 
(a). 
‘‘(f) THIRD PARTY AGREEMENTS.—The Cherokee Na-
tion may enter into agreements with the Secretary or a 
third party that the Cherokee Nation or the Secretary deter-
mines to be necessary to carry out this section.’’. 
SEC. 5021. 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) ECONOMIC IMPACT STUDY.—Not later than 180 
days after the date of enactment of this Act, the Secretary 
shall submit to Congress a report regarding the impact of 
closing the Upper St. Anthony Falls Lock and Dam on the 
economic and environmental well-being of the State of Min-
nesota. 
(c) MANDATORY
CLOSURE.—Notwithstanding sub-
section (b) and not later than 1 year after the date of enact-
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ment of this Act, the Secretary shall close the Upper St. 
Anthony Falls Lock and Dam if the Secretary determines 
that the annual average tonnage moving through the Upper 
St. Anthony Falls Lock and Dam for the preceding 5 years 
is not more than 1,500,000 tons. 
(d) EMERGENCY OPERATIONS.—Nothing in this sec-
tion prevents the Secretary from carrying out emergency 
lock operations necessary to mitigate flood damage. 
SEC. 5022. ARCTIC DEEP DRAFT PORT DEVELOPMENT PART-
NERSHIPS. 
(a) IN GENERAL.—The Secretary may provide tech-
nical assistance, including planning, design, and construc-
tion assistance, to non-Federal public entities, including In-
dian tribes (as defined in section 4 of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 450b)), 
for the development, construction, operation, and mainte-
nance of channels, harbors, and related infrastructure asso-
ciated with deep draft ports for purposes of dealing with 
Arctic development and security needs. 
(b) ACCEPTANCE OF FUNDS.—The Secretary is author-
ized to accept and expend funds provided by non-Federal 
public entities, including Indian tribes (as defined in sec-
tion 4 of the Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 450b)), to carry out the activities 
described in subsection (a).
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(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 writ-
ten agreement with the Secretary that includes such terms 
and conditions as the Secretary determines to be appro-
priate and in the public interest. 
(d) PRIORITIZATION.—The Secretary shall prioritize 
Arctic deep draft ports identified by the Army Corps, the 
Department of Homeland Security and the Department of 
Defense. 
SEC. 5023. GREATER MISSISSIPPI RIVER BASIN SEVERE 
FLOODING 
AND 
DROUGHT 
MANAGEMENT 
STUDY. 
(a) DEFINITIONS.—In this section: 
(1) GREATER
MISSISSIPPI
RIVER
BASIN.—The 
term ‘‘greater Mississippi River Basin’’ means the 
area covered by hydrologic units 5, 6, 7, 8, 10, and 
11, as identified by the United States Geological Sur-
vey as of the date of enactment of this Act. 
(2) 
LOWER
MISSISSIPPI
RIVER.—The 
term 
‘‘lower Mississippi River’’ means the portion of the 
Mississippi River that begins at the confluence of the 
Ohio River and flows to the Gulf of Mexico. 
(3) MIDDLE
MISSISSIPPI
RIVER.—The term 
‘‘middle Mississippi River’’ means the portion of the
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Mississippi River that begins at the confluence of the 
Missouri River and flows to the lower Mississippi 
River. 
(4) SEVERE
FLOODING
AND
DROUGHT.—The 
term ‘‘severe flooding and drought’’ means severe 
weather events that threaten personal safety, property, 
and navigation on the inland waterways of the 
United States. 
(b) IN GENERAL.—The Secretary shall carry out a 
study of the greater Mississippi River Basin— 
(1) to improve the coordinated and comprehen-
sive management of water resource projects in the 
greater Mississippi River Basin relating to severe 
flooding and drought conditions; and 
(2) to evaluate the feasibility of any modifica-
tions to those water resource projects, consistent with 
the authorized purposes of those projects, and develop 
new water resource projects to improve the reliability 
of navigation and more effectively reduce flood risk. 
(c) CONTENTS.—The study shall— 
(1) identify any Federal actions that are likely 
to prevent and mitigate the impacts of severe flooding 
and drought, including changes to authorized channel 
dimensions, operational procedures of locks and dams, 
and reservoir management within the greater Mis-
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sissippi River Basin, consistent with the authorized 
purposes of the water resource projects; 
(2) identify and make recommendations to rem-
edy challenges to the Corps of Engineers presented by 
severe flooding and drought, including river access, in 
carrying out its mission to maintain safe, reliable 
navigation, consistent with the authorized purposes of 
the water resource projects in the greater Mississippi 
River Basin; and 
(3) identify and locate natural or other physical 
impediments along the middle and lower Mississippi 
River to maintaining navigation on the middle and 
lower Mississippi River during periods of low water. 
(d) CONSULTATION AND USE OF EXISTING DATA.—In 
carrying out the study, the Secretary shall— 
(1) consult with appropriate committees of Con-
gress, Federal, State, tribal, and local agencies, envi-
ronmental 
interests, 
agricultural 
interests, 
rec-
reational interests, river navigation industry rep-
resentatives, other shipping and business interests, or-
ganized labor, and nongovernmental organizations; 
(2) to the maximum extent practicable, use data 
in existence as of the date of enactment of this Act; 
and
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(3) incorporate lessons learned and best practices 
developed as a result of past severe flooding and 
drought events, including major floods and the suc-
cessful effort to maintain navigation during the near 
historic low water levels on the Mississippi River dur-
ing the winter of 2012–2013. 
(e) COST-SHARING.—The Federal share of the cost of 
carrying out the study under this section shall be 100 per-
cent. 
(f) REPORT.—Not later than 3 years after the date of 
enactment of this Act, the Secretary shall submit to Con-
gress a report on the study carried out under this section. 
(g) SAVINGS CLAUSE.—Nothing in this section im-
pacts the operations and maintenance of the Missouri River 
Mainstem System, as authorized by the Act of December 
22, 1944 (58 Stat. 897, chapter 665). 
SEC. 5024. CAPE ARUNDEL DISPOSAL SITE, MAINE. 
(a) IN GENERAL.—The Secretary, in concurrence with 
the Administrator of the Environmental Protection Agency, 
is authorized to reopen the Cape Arundel Disposal Site se-
lected by the Department of the Army 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)) (referred to in this section as the 
‘‘Site’’).
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(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 material 
disposal site for southern Maine has been completed; 
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— 
(1) conditions at the Site remain suitable for the 
continued use of the Site as a dredged material dis-
posal site; and 
(2) the Site not be used for the disposal of more 
than 80,000 cubic yards from any single dredging 
project. 
TITLE VI—LEVEE SAFETY 
SEC. 6001. SHORT TITLE. 
This title may be cited as the ‘‘National Levee Safety 
Program Act’’. 
SEC. 6002. FINDINGS; PURPOSES. 
(a) FINDINGS.—Congress finds that—
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(1) there is a need to establish a national levee 
safety program to provide national leadership and en-
courage the establishment of State and tribal levee 
safety programs; 
(2) according to the National Committee on 
Levee Safety, ‘‘the level of protection and robustness 
of design and construction of levees vary considerably 
across the country’’; 
(3) knowing the location, condition, and owner-
ship of levees, as well as understanding the popu-
lation and infrastructure at risk in leveed areas, is 
necessary for identification and prioritization of ac-
tivities associated with levees; 
(4) levees are an important tool for reducing 
flood risk and should be considered in the context of 
broader flood risk management efforts; 
(5) States and Indian tribes— 
(A) are uniquely positioned to oversee, co-
ordinate, and regulate local and regional levee 
systems; and 
(B) should be encouraged to participate in 
a national levee safety program by establishing 
individual levee safety programs; and 
(6) States, Indian tribes, and local governments 
that do not invest in protecting the individuals and
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property located behind levees place those individuals 
and property at risk. 
(b) PURPOSES.—The purposes of this title are— 
(1) to promote sound technical practices in levee 
design, construction, operation, inspection, assess-
ment, security, and maintenance; 
(2) to ensure effective public education and 
awareness of risks involving levees; 
(3) to establish and maintain a national levee 
safety program that emphasizes the protection of 
human life and property; and 
(4) to implement solutions and incentives that 
encourage the establishment of effective State and 
tribal levee safety programs. 
SEC. 6003. DEFINITIONS. 
In this title: 
(1) BOARD.—The term ‘‘Board’’ means the Na-
tional Levee Safety Advisory Board established under 
section 6005. 
(2) CANAL STRUCTURE.— 
(A) IN GENERAL.—The term ‘‘canal struc-
ture’’ means an embankment, wall, or structure 
along a canal or manmade watercourse that— 
(i) constrains water flows;
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(ii) is subject to frequent water load-
ing; and 
(iii) is an integral part of a flood risk 
reduction system that protects the leveed 
area from flood waters associated with hur-
ricanes, precipitation events, seasonal high 
water, and other weather-related events. 
(B) EXCLUSION.—The term ‘‘canal struc-
ture’’ does not include a barrier across a water-
course. 
(3) FEDERAL AGENCY.—The term ‘‘Federal agen-
cy’’ means a Federal agency that designs, finances, 
constructs, owns, operates, maintains, or regulates the 
construction, operation, or maintenance of a levee. 
(4) FLOOD DAMAGE REDUCTION SYSTEM.—The 
term ‘‘flood damage reduction system’’ means a sys-
tem designed and constructed to have appreciable and 
dependable effects in reducing damage by floodwaters. 
(5) FLOOD MITIGATION.—The term ‘‘flood miti-
gation’’ means any structural or nonstructural meas-
ure that reduces risks of flood damage by reducing the 
probability of flooding, the consequences of flooding, 
or both. 
(6) 
FLOODPLAIN
MANAGEMENT.—The 
term 
‘‘floodplain management’’ means the operation of a
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† HR 3080 EAS 
community program of corrective and preventative 
measures for reducing flood damage. 
(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 
the meaning given the term in section 4 of the Indian 
Self-Determination and Education Assistance Act (25 
U.S.C. 450b). 
(8) LEVEE.— 
(A) IN GENERAL.—The term ‘‘levee’’ means 
a manmade barrier (such as an embankment, 
floodwall, or other structure)— 
(i) the primary purpose of which is to 
provide hurricane, storm, or flood protection 
relating to seasonal high water, storm 
surges, precipitation, or other weather 
events; and 
(ii) that is normally subject to water 
loading for only a few days or weeks during 
a calendar year. 
(B) INCLUSIONS.—The term ‘‘levee’’ in-
cludes a levee system, including— 
(i) levees and canal structures that— 
(I) constrain water flows; 
(II) are subject to more frequent 
water loading; and
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(III) do not constitute a barrier 
across a watercourse; and 
(ii) roadway and railroad embank-
ments, but only to the extent that the em-
bankments are integral to the performance 
of a flood damage reduction system. 
(C) EXCLUSIONS.—The term ‘‘levee’’ does 
not include— 
(i) a roadway or railroad embankment 
that is not integral to the performance of a 
flood damage reduction system; 
(ii) a canal constructed completely 
within natural ground without any man-
made structure (such as an embankment or 
retaining wall to retain water or a case in 
which water is retained only by natural 
ground); 
(iii) a canal regulated by a Federal or 
State agency in a manner that ensures that 
applicable Federal safety criteria are met; 
(iv) a levee or canal structure— 
(I) that is not a part of a Federal 
flood damage reduction system; 
(II) that is not recognized under 
the National Flood Insurance Program
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† HR 3080 EAS 
as providing protection from the 1-per-
cent-annual-chance or greater flood; 
(III) that is not greater than 3 
feet high; 
(IV) the population in the leveed 
area of which is less than 50 individ-
uals; and 
(V) the leveed area of which is less 
than 1,000 acres; or 
(v) any shoreline protection or river 
bank protection system (such as revetments 
or barrier islands). 
(9) LEVEE FEATURE.—The term ‘‘levee feature’’ 
means a structure that is critical to the functioning 
of a levee, including— 
(A) an embankment section; 
(B) a floodwall section; 
(C) a closure structure; 
(D) a pumping station; 
(E) an interior drainage work; and 
(F) a flood damage reduction channel. 
(10) LEVEE
SAFETY
GUIDELINES.—The term 
‘‘levee safety guidelines’’ means the guidelines estab-
lished by the Secretary under section 6004(c)(1).
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(11) LEVEE
SEGMENT.—The term ‘‘levee seg-
ment’’ means a discrete portion of a levee system that 
is owned, operated, and maintained by a single entity 
or discrete set of entities. 
(12) LEVEE SYSTEM.—The term ‘‘levee system’’ 
means 1 or more levee segments, including all levee 
features that are interconnected and necessary to en-
sure protection of the associated leveed areas— 
(A) that collectively provide flood damage 
reduction to a defined area; and 
(B) the failure of 1 of which may result in 
the failure of the entire system. 
(13) LEVEED
AREA.—The term ‘‘leveed area’’ 
means the land from which flood water in the adja-
cent watercourse is excluded by the levee system. 
(14) NATIONAL
LEVEE
DATABASE.—The term 
‘‘national levee database’’ means the levee database es-
tablished under section 9004 of the Water Resources 
Development Act of 2007 (33 U.S.C. 3303). 
(15) PARTICIPATING PROGRAM.—The term ‘‘par-
ticipating program’’ means a levee safety program de-
veloped by a State or Indian tribe that includes the 
minimum components necessary for recognition by 
the Secretary.
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(16) REHABILITATION.—The term ‘‘rehabilita-
tion’’ means the repair, replacement, reconstruction, 
removal of a levee, or reconfiguration of a levee sys-
tem, including a setback levee, that is carried out to 
reduce flood risk or meet national levee safety guide-
lines. 
(17) RISK.—The term ‘‘risk’’ means a measure 
of the probability and severity of undesirable con-
sequences. 
(18) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Army, acting through the Chief 
of Engineers. 
(19) STATE.—The term ‘‘State’’ means— 
(A) each of the several States of the United 
States; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
(D) Guam; 
(E) American Samoa; 
(F) the Commonwealth of the Northern 
Mariana Islands; 
(G) the Federated States of Micronesia; 
(H) the Republic of the Marshall Islands; 
(I) the Republic of Palau; and 
(J) the United States Virgin Islands.
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SEC. 6004. NATIONAL LEVEE SAFETY PROGRAM. 
(a) ESTABLISHMENT.—The Secretary, in consultation 
with the Administrator of the Federal Emergency Manage-
ment Agency, shall establish a national levee safety pro-
gram to provide national leadership and consistent ap-
proaches to levee safety, including— 
(1) a national levee database; 
(2) an inventory and inspection of Federal and 
non-Federal levees; 
(3) national levee safety guidelines; 
(4) a hazard potential classification system for 
Federal and non-Federal levees; 
(5) research and development; 
(6) a national public education and awareness 
program, with an emphasis on communication re-
garding the residual risk to communities protected by 
levees and levee systems; 
(7) coordination of levee safety, floodplain man-
agement, and environmental protection activities; 
(8) development of State and tribal levee safety 
programs; and 
(9) the provision of technical assistance and ma-
terials to States and Indian tribes relating to— 
(A) developing levee safety programs;
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(B) identifying and reducing flood risks as-
sociated with residual risk to communities pro-
tected by levees and levee systems; 
(C) identifying local actions that may be 
carried out to reduce flood risks in leveed areas; 
and 
(D) rehabilitating, improving, replacing, re-
configuring, modifying, and removing levees and 
levee systems. 
(b) MANAGEMENT.— 
(1) IN GENERAL.—The Secretary shall appoint— 
(A) an administrator of the national levee 
safety program; and 
(B) such staff as is necessary to implement 
the program. 
(2) ADMINISTRATOR.—The sole duty of the ad-
ministrator appointed under paragraph (1)(A) shall 
be the management of the national levee safety pro-
gram. 
(c) LEVEE SAFETY GUIDELINES.— 
(1) ESTABLISHMENT.—Not later than 1 year 
after the date of enactment of this Act, the Secretary, 
in consultation with the Administrator of the Federal 
Emergency Management Agency and in coordination 
with State and local governments and organizations
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with expertise in levee safety, shall establish a set of 
voluntary, comprehensive, national levee safety guide-
lines that— 
(A) are available for common, uniform use 
by all Federal, State, tribal, and local agencies; 
(B) incorporate policies, procedures, stand-
ards, and criteria for a range of levee types, 
canal structures, and related facilities and fea-
tures; and 
(C) provide for adaptation to local, re-
gional, or watershed conditions. 
(2) REQUIREMENT.—The policies, procedures, 
standards, and criteria under paragraph (1)(B) shall 
be developed taking into consideration the levee haz-
ard potential classification system established under 
subsection (d). 
(3) ADOPTION BY FEDERAL AGENCIES.—All Fed-
eral agencies shall consider the levee safety guidelines 
in activities relating to the management of levees. 
(4) PUBLIC COMMENT.—Prior to finalizing the 
guidelines under this subsection, the Secretary shall— 
(A) issue draft guidelines for public com-
ment; and 
(B) consider any comments received in the 
development of final guidelines.
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(d) HAZARD POTENTIAL CLASSIFICATION SYSTEM.— 
(1) ESTABLISHMENT.—The Secretary shall estab-
lish a hazard potential classification system for use 
under the national levee safety program and partici-
pating programs. 
(2) REVISION.—The Secretary shall review and, 
as necessary, revise the hazard potential classification 
system not less frequently than once every 5 years. 
(3) CONSISTENCY.—The hazard potential classi-
fication system established pursuant to this subsection 
shall be consistent with and incorporated into the 
levee safety action classification tool developed by the 
Corps of Engineers. 
(e) TECHNICAL ASSISTANCE AND MATERIALS.— 
(1) ESTABLISHMENT.—The Secretary, in con-
sultation with the Administrator of the Federal 
Emergency Management Agency and in coordination 
with the Board, shall establish a national levee safety 
technical assistance and training program to develop 
and deliver technical support and technical assistance 
materials, curricula, and training in order to pro-
mote levee safety and assist States, communities, and 
levee owners in— 
(A) developing levee safety programs;
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(B) identifying and reducing flood risks as-
sociated with levees; 
(C) identifying local actions that may be 
carried out to reduce flood risks in leveed areas; 
and 
(D) rehabilitating, improving, replacing, re-
configuring, modifying, and removing levees and 
levee systems. 
(2) USE OF SERVICES.—In establishing the na-
tional levee safety training program under paragraph 
(1), the Secretary may use the services of— 
(A) the Corps of Engineers; 
(B) the Federal Emergency Management 
Agency; 
(C) the Bureau of Reclamation; and 
(D) other appropriate Federal agencies, as 
determined by the Secretary. 
(f) COMPREHENSIVE NATIONAL PUBLIC EDUCATION 
AND AWARENESS CAMPAIGN.— 
(1) ESTABLISHMENT.—The Secretary, in coordi-
nation with the Administrator of the Federal Emer-
gency Management Agency and the Board, shall es-
tablish a national public education and awareness 
campaign relating to the national levee safety pro-
gram.
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(2) PURPOSES.—The purposes of the campaign 
under paragraph (1) are— 
(A) to educate individuals living in leveed 
areas regarding the risks of living in those areas; 
(B) to promote consistency in the trans-
mission of information regarding levees among 
government agencies; and 
(C) to provide national leadership regard-
ing risk communication for implementation at 
the State and local levels. 
(g) COORDINATION OF LEVEE SAFETY, FLOODPLAIN 
MANAGEMENT, 
AND
ENVIRONMENTAL
CONCERNS.—The 
Secretary, in consultation with the Administrator of the 
Federal Emergency Management Agency and in coordina-
tion with the Board, shall evaluate opportunities to coordi-
nate— 
(1) public safety, floodplain management, and 
environmental protection activities relating to levees; 
and 
(2) environmental permitting processes for oper-
ation and maintenance activities at existing levee 
projects in compliance with all applicable laws. 
(h) LEVEE INSPECTION.—
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(1) IN GENERAL.—The Secretary shall carry out 
a one-time inventory and inspection of all levees iden-
tified in the national levee database. 
(2) NO FEDERAL INTEREST.—The inventory and 
inspection under paragraph (1) does not create a 
Federal interest in the construction, operation, or 
maintenance any levee that is included in the inven-
tory or inspected under this subsection. 
(3) INSPECTION CRITERIA.—In carrying out the 
inventory and inspection, the Secretary shall use the 
levee safety action classification criteria to determine 
whether a levee should be classified in the inventory 
as requiring a more comprehensive inspection. 
(4) STATE AND TRIBAL PARTICIPATION.—At the 
request of a State or Indian tribe with respect to any 
levee subject to inspection under this subsection, the 
Secretary shall— 
(A) allow an official of the State or Indian 
tribe to participate in the inspection of the levee; 
and 
(B) provide information to the State or In-
dian tribe relating to the location, construction, 
operation, or maintenance of the levee. 
(5) EXCEPTIONS.—In carrying out the inventory 
and inspection under this subsection, the Secretary
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shall not be required to inspect any levee that has 
been inspected by a State or Indian tribe using the 
same methodology described in paragraph (3) during 
the 1-year period immediately preceding the date of 
enactment of this Act if the Governor of the State or 
tribal government, as applicable, requests an exemp-
tion from the inspection. 
(i) STATE AND TRIBAL LEVEE SAFETY PROGRAM.— 
(1) GUIDELINES.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this Act, in con-
sultation with the Administrator of the Federal 
Emergency Management Agency and in coordi-
nation with the Board, the Secretary shall issue 
guidelines that establish the minimum compo-
nents necessary for recognition of a State or trib-
al levee safety program as a participating pro-
gram. 
(B) GUIDELINE CONTENTS.—The guidelines 
under subparagraph (A) shall include provisions 
and procedures requiring each participating 
State and Indian tribe to certify to the Secretary 
that the State or Indian tribe, as applicable— 
(i) has the authority to participate in 
the national levee safety program;
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(ii) can receive funds under this title; 
(iii) has adopted any national levee 
safety guidelines developed under this title; 
(iv) will carry out levee inspections; 
(v) will carry out, consistent with ap-
plicable requirements, flood risk manage-
ment and any emergency action planning 
procedures the Secretary determines to be 
necessary relating to levees; 
(vi) will carry out public education 
and awareness activities consistent with the 
national public education and awareness 
campaign established under subsection (f); 
and 
(vii) will collect and share information 
regarding the location and condition of lev-
ees. 
(C) PUBLIC COMMENT.—Prior to finalizing 
the guidelines under this paragraph, the Sec-
retary shall— 
(i) issue draft guidelines for public 
comment; and 
(ii) consider any comments received in 
the development of final guidelines. 
(2) GRANT PROGRAM.—
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(A) ESTABLISHMENT.—The Secretary shall 
establish a program under which the Secretary 
shall provide grants to assist States and Indian 
tribes in establishing participating programs, 
conducting levee inventories, and carrying out 
this title. 
(B) REQUIREMENTS.—To be eligible to re-
ceive grants under this section, a State or Indian 
tribe shall— 
(i) meet the requirements of a partici-
pating program established by the guide-
lines issued under paragraph (1); 
(ii) use not less than 25 percent of any 
amounts received to identify and assess 
non-Federal levees within the State or on 
land of the Indian tribe; 
(iii) submit to the Secretary any infor-
mation collected by the State or Indian 
tribe in carrying out this subsection for in-
clusion in the national levee safety data-
base; and 
(iv) identify actions to address hazard 
mitigation activities associated with levees 
and leveed areas identified in the hazard 
mitigation plan of the State approved by
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† HR 3080 EAS 
the Administrator of the Federal Emergency 
Management Agency under the Robert T. 
Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5121 et seq.). 
(C) MEASURES
TO
ASSESS
EFFECTIVE-
NESS.—Not later than 1 year after the enact-
ment of this Act, the Secretary shall implement 
quantifiable performance measures and metrics 
to assess the effectiveness of the grant program 
established in accordance with subparagraph 
(A). 
(j) LEVEE REHABILITATION ASSISTANCE PROGRAM.— 
(1) ESTABLISHMENT.—The Secretary, in con-
sultation with the Administrator of the Federal 
Emergency Management Agency, shall establish a 
program under which the Secretary shall provide as-
sistance to States, Indian tribes, and local govern-
ments in addressing flood mitigation activities that 
result in an overall reduction in flood risk. 
(2) REQUIREMENTS.—To be eligible to receive 
assistance under this subsection, a State, Indian 
tribe, or local government shall— 
(A) participate in, and comply with, all 
applicable Federal floodplain management and 
flood insurance programs;
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(B) have in place a hazard mitigation plan 
that— 
(i) includes all levee risks; and 
(ii) complies with the Disaster Mitiga-
tion Act of 2000 (Public Law 106–390; 114 
Stat. 1552); 
(C) submit to the Secretary an application 
at such time, in such manner, and containing 
such information as the Secretary may require; 
and 
(D) comply with such minimum eligibility 
requirements as the Secretary, in consultation 
with the Board, may establish to ensure that 
each owner and operator of a levee under a par-
ticipating State or tribal levee safety program— 
(i) acts in accordance with the guide-
lines developed in subsection (c); and 
(ii) carries out activities relating to 
the public in the leveed area in accordance 
with the hazard mitigation plan described 
in subparagraph (B). 
(3) FLOODPLAIN MANAGEMENT PLANS.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of execution of a project agreement 
for assistance under this subsection, a State, In-
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dian tribe, or local government shall prepare a 
floodplain management plan in accordance with 
the guidelines under subparagraph (D) to reduce 
the impacts of future flood events in each appli-
cable leveed area. 
(B) INCLUSIONS.—A plan under subpara-
graph (A) shall address potential measures, 
practices, and policies to reduce loss of life, inju-
ries, damage to property and facilities, public 
expenditures, and other adverse impacts of flood-
ing in each applicable leveed area. 
(C) IMPLEMENTATION.—Not later than 1 
year after the date of completion of construction 
of the applicable project, a floodplain manage-
ment plan prepared under subparagraph (A) 
shall be implemented. 
(D) GUIDELINES.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary, in consultation with the Administrator of 
the Federal Emergency Management Agency, 
shall develop such guidelines for the preparation 
of floodplain management plans prepared under 
this paragraph as the Secretary determines to be 
appropriate.
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(E) TECHNICAL SUPPORT.—The Secretary 
may provide technical support for the develop-
ment and implementation of floodplain manage-
ment plans prepared under this paragraph. 
(4) USE OF FUNDS.— 
(A) 
IN
GENERAL.—Assistance 
provided 
under this subsection may be used— 
(i) for any rehabilitation activity to 
maximize overall risk reduction associated 
with a levee under a participating State or 
tribal levee safety program; and 
(ii) only for a levee that is not feder-
ally operated and maintained. 
(B) 
PROHIBITION.—Assistance 
provided 
under this subsection shall not be used— 
(i) to perform routine operation or 
maintenance for a levee; or 
(ii) to make any modification to a 
levee that does not result in an improve-
ment to public safety. 
(5) NO PROPRIETARY INTEREST.—A contract for 
assistance provided under this subsection shall not be 
considered to confer any proprietary interest on the 
United States.
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(6) COST-SHARE.—The maximum Federal share 
of the cost of any assistance provided under this sub-
section shall be 65 percent. 
(7) PROJECT LIMIT.—The maximum amount of 
Federal assistance for a project under this subsection 
shall be $10,000,000. 
(8) OTHER
LAWS.—Assistance provided under 
this subsection shall be subject to all applicable laws 
(including regulations) that apply to the construction 
of a civil works project of the Corps of Engineers. 
(k) EFFECT OF SECTION.—Nothing in this section— 
(1) 
affects 
the 
requirement 
under 
section 
100226(b)(2) of the Biggert-Waters Flood Insurance 
Reform Act of 2012 (42 U.S.C. 4101 note; 126 Stat. 
942); or 
(2) confers any regulatory authority on— 
(A) the Secretary; or 
(B) the Director of the Federal Emergency 
Management Agency, including for the purpose 
of setting premium rates under the national 
flood insurance program established under chap-
ter 1 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4011 et seq.).
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SEC. 6005. NATIONAL LEVEE SAFETY ADVISORY BOARD. 
(a) ESTABLISHMENT.—The Secretary, in coordination 
with the Administrator of the Federal Emergency Manage-
ment Agency, shall establish a board, to be known as the 
‘‘National Levee Safety Advisory Board’’— 
(1) to advise the Secretary and Congress regard-
ing consistent approaches to levee safety; 
(2) to monitor the safety of levees in the United 
States; 
(3) to assess the effectiveness of the national levee 
safety program; and 
(4) to ensure that the national levee safety pro-
gram is carried out in a manner that is consistent 
with other Federal flood risk management efforts. 
(b) MEMBERSHIP.— 
(1) VOTING MEMBERS.—The Board shall be com-
posed of the following 14 voting members, each of 
whom shall be appointed by the Secretary, with pri-
ority consideration given to representatives from those 
States that have the most Corps of Engineers levees in 
the State, based on mileage: 
(A) 8 representatives of State levee safety 
programs, 1 from each of the civil works divi-
sions of the Corps of Engineers. 
(B) 2 representatives of the private sector 
who have expertise in levee safety.
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(C) 2 representatives of local and regional 
governmental agencies who have expertise in 
levee safety. 
(D) 2 representatives of Indian tribes who 
have expertise in levee safety. 
(2) NONVOTING MEMBERS.—The Secretary (or a 
designee of the Secretary), the Administrator of the 
Federal Emergency Management Agency (or a des-
ignee of the Administrator), and the administrator of 
the national levee safety program appointed under 
section 6004(b)(1)(A) shall serve as nonvoting mem-
bers of the Board. 
(3) CHAIRPERSON.—The voting members of the 
Board shall appoint a chairperson from among the 
voting members of the Board, to serve a term of not 
more than 2 years. 
(c) QUALIFICATIONS.— 
(1) INDIVIDUALS.—Each voting member of the 
Board shall be knowledgeable in the field of levee safe-
ty, including water resources and flood risk manage-
ment. 
(2) AS
A
WHOLE.—The membership of the 
Board, considered as a whole, shall represent the di-
versity of skills required to advise the Secretary re-
garding levee issues relating to—
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(A) engineering; 
(B) public communications; 
(C) program development and oversight; 
(D) with respect to levees, flood risk man-
agement and hazard mitigation; and 
(E) public safety and the environment. 
(d) TERMS OF SERVICE.— 
(1) IN GENERAL.—A voting member of the Board 
shall be appointed for a term of 3 years, except that, 
of the members first appointed— 
(A) 5 shall be appointed for a term of 1 
year; 
(B) 5 shall be appointed for a term of 2 
years; and 
(C) 4 shall be appointed for a term of 3 
years. 
(2) REAPPOINTMENT.—A voting member of the 
Board may be reappointed to the Board, as the Sec-
retary determines to be appropriate. 
(3) VACANCIES.—A vacancy on the Board shall 
be filled in the same manner as the original appoint-
ment was made. 
(e) STANDING COMMITTEES.— 
(1) IN GENERAL.—The Board shall be supported 
by Standing Committees, which shall be comprised of
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volunteers from all levels of government and the pri-
vate sector, to advise the Board regarding the na-
tional levee safety program. 
(2) ESTABLISHMENT.—The Standing Commit-
tees of the Board shall include— 
(A) the Standing Committee on Partici-
pating Programs, which shall advise the Board 
regarding— 
(i) the development and implementa-
tion of State and tribal levee safety pro-
grams; and 
(ii) appropriate incentives (including 
financial assistance) to be provided to 
States, Indian tribes, and local and re-
gional entities; 
(B) the Standing Committee on Technical 
Issues, which shall advise the Board regarding— 
(i) the management of the national 
levee database; 
(ii) the development and maintenance 
of levee safety guidelines; 
(iii) processes and materials for devel-
oping levee-related technical assistance and 
training; and
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(iv) research and development activi-
ties relating to levee safety; 
(C) the Standing Committee on Public Edu-
cation and Awareness, which shall advise the 
Board regarding the development, implementa-
tion, and evaluation of targeted public outreach 
programs— 
(i) to gather public input; 
(ii) to educate and raise awareness in 
leveed areas of levee risks; 
(iii) to communicate information re-
garding participating programs; and 
(iv) to track the effectiveness of public 
education efforts relating to levee risks; 
(D) the Standing Committee on Safety and 
Environment, which shall advise the Board re-
garding— 
(i) operation and maintenance activi-
ties for existing levee projects; 
(ii) opportunities to coordinate public 
safety, floodplain management, and envi-
ronmental protection activities relating to 
levees; 
(iii) opportunities to coordinate envi-
ronmental permitting processes for oper-
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ation and maintenance activities at existing 
levee projects in compliance with all appli-
cable laws; and 
(iv) opportunities for collaboration by 
environmental protection and public safety 
interests in leveed areas and adjacent areas; 
and 
(E) such other standing committees as the 
Secretary, in consultation with the Board, deter-
mines to be necessary. 
(3) MEMBERSHIP.— 
(A) IN
GENERAL.—The Board shall rec-
ommend to the Secretary for approval individ-
uals for membership on the Standing Commit-
tees. 
(B) QUALIFICATIONS.— 
(i) INDIVIDUALS.—Each member of a 
Standing Committee shall be knowledgeable 
in the issue areas for which the Committee 
is charged with advising the Board. 
(ii) AS A WHOLE.—The membership of 
each Standing Committee, considered as a 
whole, shall represent, to the maximum ex-
tent practicable, broad geographical diver-
sity.
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† HR 3080 EAS 
(C) LIMITATION.—Each Standing Com-
mittee shall be comprised of not more than 10 
members. 
(f) DUTIES AND POWERS.—The Board— 
(1) shall submit to the Secretary and Congress 
an annual report regarding the effectiveness of the na-
tional levee safety program in accordance with section 
6007; and 
(2) may secure from other Federal agencies such 
services, and enter into such contracts, as the Board 
determines to be necessary to carry out this sub-
section. 
(g) TASK FORCE COORDINATION.—The Board shall, to 
the maximum extent practicable, coordinate the activities 
of the Board with the Federal Interagency Floodplain Man-
agement Task Force. 
(h) COMPENSATION.— 
(1) FEDERAL EMPLOYEES.—Each member of the 
Board who is an officer or employee of the United 
States shall serve without compensation in addition 
to compensation received for the services of the mem-
ber as an officer or employee of the United States, but 
shall be allowed a per diem allowance for travel ex-
penses, at rates authorized for an employee of an 
agency under subchapter I of chapter 57 of title 5,
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United States Code, while away from the home or reg-
ular place of business of the member in the perform-
ance of the duties of the Board. 
(2) NON-FEDERAL
EMPLOYEES.—To the extent 
amounts are made available to carry out this section 
in appropriations Acts, the Secretary shall provide to 
each member of the Board who is not an officer or 
employee of the United States a stipend and a per 
diem allowance for travel expenses, at rates author-
ized for an employee of an agency under subchapter 
I of chapter 57 of title 5, United States Code, while 
away from the home or regular place of business of 
the member in performance of services for the Board. 
(3) STANDING
COMMITTEE
MEMBERS.—Each 
member of a Standing Committee shall— 
(A) serve in a voluntary capacity; but 
(B) receive a per diem allowance for travel 
expenses, at rates authorized for an employee of 
an agency under subchapter I of chapter 57 of 
title 5, United States Code, while away from the 
home or regular place of business of the member 
in performance of services for the Board. 
(i) NONAPPLICABILITY OF FACA.—The Federal Advi-
sory Committee Act (5 U.S.C. App.) shall not apply to the 
Board or the Standing Committees.
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SEC. 6006. INVENTORY AND INSPECTION OF LEVEES. 
Section 9004(a)(2)(A) of the Water Resources Develop-
ment Act of 2007 (33 U.S.C. 3303(a)(2)(A)) is amended 
by striking ‘‘and, for non-Federal levees, such information 
on levee location as is provided to the Secretary by State 
and local governmental agencies’’ and inserting ‘‘and up-
dated levee information provided by States, Indian tribes, 
Federal agencies, and other entities’’. 
SEC. 6007. REPORTS. 
(a) STATE OF LEVEES.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, and biennially 
thereafter, the Secretary in coordination with the 
Board, shall submit to Congress a report describing 
the state of levees in the United States and the effec-
tiveness of the national levee safety program, includ-
ing— 
(A) progress achieved in implementing the 
national levee safety program; 
(B) State and tribal participation in the 
national levee safety program; 
(C) recommendations to improve coordina-
tion of levee safety, floodplain management, and 
environmental protection concerns, including— 
(i) identifying and evaluating opportu-
nities to coordinate public safety, floodplain
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management, and environmental protection 
activities relating to levees; and 
(ii) evaluating opportunities to coordi-
nate environmental permitting processes for 
operation and maintenance activities at ex-
isting levee projects in compliance with all 
applicable laws; and 
(D) any recommendations for legislation 
and other congressional actions necessary to en-
sure national levee safety. 
(2) INCLUSION.—Each report under paragraph 
(1) shall include a report of the Board that describes 
the independent recommendations of the Board for the 
implementation of the national levee safety program. 
(b) NATIONAL DAM AND LEVEE SAFETY PROGRAM.— 
Not later than 3 years after the date of enactment of this 
Act, to the maximum extent practicable, the Secretary, in 
coordination with the Board, shall submit to Congress a 
report that includes recommendations regarding the advis-
ability and feasibility of, and potential approaches for, es-
tablishing a joint national dam and levee safety program. 
(c) ALIGNMENT OF FEDERAL PROGRAMS RELATING TO 
LEVEES.—Not later than 2 years after the date of enact-
ment of this Act, the Comptroller General shall submit to 
Congress a report on opportunities for alignment of Federal
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programs to provide incentives to State, tribal, and local 
governments and individuals and entities— 
(1) to promote shared responsibility for levee 
safety; 
(2) to encourage the development of strong State 
and tribal levee safety programs; 
(3) to better align the national levee safety pro-
gram with other Federal flood risk management pro-
grams; and 
(4) to promote increased levee safety through 
other Federal programs providing assistance to State 
and local governments. 
(d) LIABILITY
FOR CERTAIN LEVEE ENGINEERING 
PROJECTS.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall submit to Congress a 
report that includes recommendations that identify and ad-
dress any legal liability associated with levee engineering 
projects that prevent— 
(1) levee owners from obtaining needed levee en-
gineering services; or 
(2) development and implementation of a State 
or tribal levee safety program. 
SEC. 6008. EFFECT OF TITLE. 
Nothing in this title—
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† HR 3080 EAS 
(1) establishes any liability of the United States 
or any officer or employee of the United States (in-
cluding the Board and the Standing Committees of 
the Board) for any damages caused by any action or 
failure to act; or 
(2) relieves an owner or operator of a levee of 
any legal duty, obligation, or liability incident to the 
ownership or operation of the levee. 
SEC. 6009. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary to carry out this title— 
(1) for funding the administration and staff of 
the national levee safety program, the Board, the 
Standing Committees of the Board, and participating 
programs, $5,000,000 for each of fiscal years 2014 
through 2023; 
(2) for technical programs, including the devel-
opment of levee safety guidelines, publications, train-
ing, and technical assistance— 
(A) $5,000,000 for each of fiscal years 2014 
through 2018; 
(B) $7,500,000 for each of fiscal years 2019 
and 2020; and 
(C) $10,000,000 for each of fiscal years 
2021 through 2023;
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(3) for public involvement and education pro-
grams, $3,000,000 for each of fiscal years 2014 
through 2023; 
(4) to carry out the levee inventory and inspec-
tions under section 9004 of the Water Resources De-
velopment Act of 2007 (33 U.S.C. 3303), $30,000,000 
for each of fiscal years 2014 through 2018; 
(5) for grants to State and tribal levee safety 
programs, $300,000,000 for fiscal years 2014 through 
2023; and 
(6) for levee rehabilitation assistance grants, 
$300,000,000 for fiscal years 2014 through 2023. 
TITLE VII—INLAND WATERWAYS 
SEC. 7001. PURPOSES. 
The purposes of this title are— 
(1) to improve program and project management 
relating to the construction and major rehabilitation 
of navigation projects on inland waterways; 
(2) to optimize inland waterways navigation 
system reliability; 
(3) to minimize the size and scope of inland wa-
terways navigation project completion schedules; 
(4) to eliminate preventable delays in inland 
waterways navigation project completion schedules; 
and
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(5) to make inland waterways navigation cap-
ital investments through the use of prioritization cri-
teria that seek to maximize systemwide benefits and 
minimize overall system risk. 
SEC. 7002. DEFINITIONS. 
In this title: 
(1) INLAND
WATERWAYS
TRUST
FUND.—The 
term ‘‘Inland Waterways Trust Fund’’ means the In-
land 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 reha-
bilitation 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 enactment 
of this Act; and 
(C) funded at least in part from the Inland 
Waterways Trust Fund. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Army, acting through the Chief 
of Engineers.
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† HR 3080 EAS 
SEC. 7003. PROJECT DELIVERY PROCESS REFORMS. 
(a) REQUIREMENTS
FOR QUALIFYING PROJECTS.— 
With respect to each qualifying project, the Secretary shall 
require— 
(1) formal project management training and cer-
tification for each project manager; 
(2) assignment as project manager only of per-
sonnel fully certified by the Chief of Engineers; and 
(3) for an applicable cost estimation, that— 
(A) the estimation— 
(i) is risk-based; and 
(ii) has a confidence level of at least 80 
percent; and 
(B) a risk-based cost estimate shall be im-
plemented— 
(i) for a qualified project that requires 
an increase in the authorized amount in ac-
cordance with section 902 of the Water Re-
sources Development Act of 1986 (Public 
Law 99–662; 100 Stat. 4183), during the 
preparation of a post-authorization change 
report or other similar decision document; 
(ii) for a qualified project for which 
the first construction contract has not been 
awarded, prior to the award of the first 
construction contract;
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(iii) for a qualified project without a 
completed Chief of Engineers report, prior 
to the completion of such a report; and 
(iv) for a qualified project with a com-
pleted Chief of Engineers report that has 
not yet been authorized, during design for 
the qualified project. 
(b) ADDITIONAL PROJECT DELIVERY PROCESS RE-
FORMS.—Not later than 18 months after the date of enact-
ment of this Act, the Secretary shall— 
(1) establish a system to identify and apply on 
a continuing basis lessons learned from prior or ongo-
ing 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 
title and the amendments made by this title, includ-
ing, as the Secretary determines to be appropriate— 
(A) the implementation of applicable prac-
tices and procedures developed pursuant to man-
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† HR 3080 EAS 
agement by the Secretary of an applicable mili-
tary construction program; 
(B) the establishment of 1 or more centers 
of expertise for the design and review of quali-
fying projects; 
(C) the development and use of a portfolio 
of standard designs for inland navigation locks; 
(D) the use of full-funding contracts or for-
mulation of a revised continuing contracts 
clause; and 
(E) the establishment of procedures for rec-
ommending 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 1 or more pilot projects to 
evaluate processes or procedures for the study, design, 
or 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;
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(B) an appropriate use of continuing con-
tracts for the construction of features and compo-
nents; and 
(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 develop 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 budget 
proposal of the President for a given fiscal year, 
advice and recommendations to the Secretary re-
garding construction and rehabilitation prior-
ities and spending levels;
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‘‘(B) advice and recommendations to Con-
gress regarding any report of the Chief of Engi-
neers relating to those features and components; 
‘‘(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 re-
habilitation priorities and spending levels; and 
‘‘(E) a long-term capital investment pro-
gram 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 on the project 
development team for a qualifying project or the 
study or design of a commercial navigation feature or 
component of the inland waterways and inland har-
bors of the United States. 
‘‘(4) INDEPENDENT JUDGMENT.—Any advice or 
recommendation made by the Users Board to the Sec-
retary shall reflect the independent judgment of the 
Users Board.’’;
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† HR 3080 EAS 
(2) by redesignating subsection (c) as subsection 
(f); and 
(3) by inserting after subsection (b) the fol-
lowing: 
‘‘(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, design, 
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 reports of the Chief of Engineers relating to a 
commercial navigation 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 investments on the in-
land and intracoastal waterways, based on the appli-
cation 
of 
objective, 
national 
project 
selection 
prioritization criteria.
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‘‘(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 pro-
gram 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 conjunction 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
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† HR 3080 EAS 
contained in the previous 20-year program (in-
cluding any changes to the prioritization criteria 
used to develop the updated recommendations); 
and 
‘‘(B) make such revisions to the program as 
the Secretary and Users Board jointly consider 
to be appropriate. 
‘‘(e) PROJECT MANAGEMENT PLANS.—The chairperson 
of the Users Board and the project development team mem-
ber appointed by the chairperson under subsection (b)(3) 
shall 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.’’. 
SEC. 7004. MAJOR REHABILITATION STANDARDS. 
Section 205(1)(E)(ii) of the Water Resources Develop-
ment Act of 1992 (33 U.S.C. 2327(1)(E)(ii)) is amended 
by striking ‘‘$8,000,000’’ and inserting ‘‘$20,000,000’’. 
SEC. 7005. INLAND WATERWAYS SYSTEM REVENUES. 
(a) FINDINGS.—Congress finds that— 
(1) there are approximately 12,000 miles of Fed-
eral waterways, known as the inland waterways sys-
tem, that are supported by user fees and managed by 
the Corps of Engineers;
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† HR 3080 EAS 
(2) the inland waterways system spans 38 States 
and handles approximately one-half of all inland wa-
terway freight; 
(3) according to the final report of the Inland 
Marine Transportation System Capital Projects Busi-
ness Model, freight traffic on the Federal fuel-taxed 
inland waterways system accounts for 546,000,000 
tons of freight each year; 
(4) expenditures for construction and major re-
habilitation projects on the inland waterways system 
are equally cost-shared between the Federal Govern-
ment and the Inland Waterways Trust Fund; 
(5) the Inland Waterways Trust Fund is fi-
nanced through a fee of $0.20 per gallon on fuel used 
by commercial barges; 
(6) the balance of the Inland Waterways Trust 
Fund has declined significantly in recent years; 
(7) according to the final report of the Inland 
Marine Transportation System Capital Projects Busi-
ness Model, the estimated financial need for construc-
tion and major rehabilitation projects on the inland 
waterways system for fiscal years 2011 through 2030 
is approximately $18,000,000,000; and 
(8) users of the inland waterways system are 
supportive of an increase in the existing revenue
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† HR 3080 EAS 
sources for inland waterways system construction and 
major rehabilitation activities to expedite the most 
critical of those construction and major rehabilitation 
projects. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) the existing revenue sources for inland water-
ways system construction and rehabilitation activities 
are insufficient to cover the costs of non-Federal inter-
ests of construction and major rehabilitation projects 
on the inland waterways system; and 
(2) the issue described in paragraph (1) should 
be addressed. 
SEC. 7006. EFFICIENCY OF REVENUE COLLECTION. 
Not later than 2 years after the date of enactment of 
this Act, the Comptroller General shall prepare a report on 
the efficiency of collecting the fuel tax for the Inland Water-
ways 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
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† HR 3080 EAS 
(3) an evaluation of alternative collection op-
tions. 
SEC. 7007. GAO STUDY, OLMSTED LOCKS AND DAM, LOWER 
OHIO RIVER, ILLINOIS AND KENTUCKY. 
As soon as practicable after the date of enactment of 
this Act, the Comptroller General of the United States shall 
conduct, and submit to Congress a report describing the re-
sults 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 fore-
gone due to project delays; and 
(5) such other contributory factors as the Comp-
troller General determines to be appropriate.
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SEC. 7008. OLMSTED LOCKS AND DAM, LOWER OHIO RIVER, 
ILLINOIS AND KENTUCKY. 
Section 3(a)(6) of the Water Resources Development 
Act of 1988 (102 Stat. 4013) is amended by striking ‘‘and 
with the costs of construction’’ and all that follows through 
the period at the end and inserting ‘‘which amounts re-
maining after the date of enactment of this Act shall be 
appropriated from the general fund of the Treasury.’’. 
TITLE VIII—HARBOR 
MAINTENANCE 
SEC. 8001. SHORT TITLE. 
This title may be cited as the ‘‘Harbor Maintenance 
Trust Fund Act of 2013’’. 
SEC. 8002. PURPOSES. 
The purposes of this title are— 
(1) to ensure that revenues collected into the 
Harbor Maintenance Trust Fund are used for the in-
tended purposes of those revenues; 
(2) to increase investment in the operation and 
maintenance of United States ports, which are crit-
ical for the economic competitiveness of the United 
States; 
(3) to promote equity among ports nationwide; 
(4) to ensure United States ports are prepared to 
meet modern shipping needs, including the capability 
to receive large ships that require deeper drafts; and
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† HR 3080 EAS 
(5) to prevent cargo diversion from United 
States ports. 
SEC. 8003. FUNDING FOR HARBOR MAINTENANCE PRO-
GRAMS. 
(a) DEFINITIONS.—In this section: 
(1) TOTAL
BUDGET
RESOURCES.—The term 
‘‘total budget resources’’ means the total amount made 
available by appropriations 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. 
(2) LEVEL OF RECEIPTS PLUS INTEREST.—The 
term ‘‘level of receipts plus interest’’ means the level 
of taxes and interest credited to the Harbor Mainte-
nance Trust Fund under section 9505 of the Internal 
Revenue Code of 1986 for a fiscal year as set forth in 
the President’s budget baseline projection, as deter-
mined under section 257 of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 907) 
for that fiscal year submitted pursuant to section 
1105 of title 31, United States Code. 
(b) MINIMUM RESOURCES.— 
(1) MINIMUM RESOURCES.— 
(A) IN
GENERAL.—The total budget re-
sources made available to the Secretary from the
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† HR 3080 EAS 
Harbor Maintenance Trust Fund shall be not 
less than the lesser of— 
(i)(I) 
for 
fiscal 
year 
2014, 
$1,000,000,000; 
(II) 
for 
fiscal 
year 
2015, 
$1,100,000,000; 
(III) 
for 
fiscal 
year 
2016, 
$1,200,000,000; 
(IV) 
for 
fiscal 
year 
2017, 
$1,300,000,000; 
(V) 
for 
fiscal 
year 
2018, 
$1,400,000,000; and 
(VI) 
for 
fiscal 
year 
2019, 
$1,500,000,000; and 
(ii) the level of receipts plus interest 
credited to the Harbor Maintenance Trust 
Fund for that fiscal year. 
(B) FISCAL
YEAR
2020
AND
SUBSEQUENT 
FISCAL YEARS.—For fiscal year 2020 and each 
fiscal year thereafter, the total budget resources 
made available to the Secretary from the Harbor 
Maintenance Trust Fund shall be not less than 
the level of receipts plus interest credited to the 
Harbor Maintenance Trust Fund for that fiscal 
year.
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† HR 3080 EAS 
(2) USE OF AMOUNTS.—The amounts described 
in paragraph (1) may be used only for harbor main-
tenance programs described in section 9505(c) of the 
Internal Revenue Code of 1986. 
(c) IMPACT ON OTHER FUNDS.— 
(1) IN GENERAL.—Subject to paragraph (3), sub-
section (b)(1) shall not apply if providing the min-
imum resources required under that subsection would 
result in making the amounts made available for the 
applicable fiscal year to carry out all programs, 
projects, and activities of the civil works program of 
the Corps of Engineers, other than the harbor mainte-
nance programs, to be less than the amounts made 
available for those purposes in the previous fiscal 
year. 
(2) CALCULATION OF AMOUNTS.—For each fiscal 
year, the amounts made available to carry out all 
programs, projects, and activities of the civil works 
program of the Corps of Engineers shall not include 
any amounts that are designated by Congress— 
(A) as being for emergency requirements 
pursuant to section 251(b)(2)(A)(i) of the Bal-
anced Budget and Emergency Deficit Control 
Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)); or
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† HR 3080 EAS 
(B) as being for disaster relief pursuant to 
section 251(b)(2)(D) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 
901(b)(2)(D)). 
(3) EXCEPTIONS.—Paragraph (1) shall not 
apply if— 
(A) amounts made available for the civil 
works program of the Corps of Engineers for a 
fiscal year are less than the amounts made avail-
able for the civil works program in the previous 
fiscal year; and 
(B) the reduction in amounts made avail-
able— 
(i) applies to all discretionary funds 
and programs of the Federal Government; 
and 
(ii) is applied to the civil works pro-
gram in the same percentage and manner 
as other discretionary funds and programs. 
SEC. 
8004. 
HARBOR 
MAINTENANCE 
TRUST 
FUND 
PRIORITIZATION. 
(a) POLICY.—It is the policy of the United States that 
the primary use of the Harbor Maintenance Trust Fund 
is for maintaining the constructed widths and depths of the 
commercial ports and harbors of the United States, and
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† HR 3080 EAS 
those functions should be given first consideration in the 
budgeting of Harbor Maintenance Trust Fund allocations. 
(b) IN GENERAL.—Section 210 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2238) is amended by 
adding at the end the following: 
‘‘(c) PRIORITIZATION.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) CONSTRUCTED WIDTH AND DEPTH.— 
The term ‘constructed width and depth’ means 
the depth to which a project has been con-
structed, which shall not exceed the authorized 
width and depth of the project. 
‘‘(B) GREAT LAKES NAVIGATION SYSTEM.— 
The term ‘Great Lakes Navigation System’ in-
cludes— 
‘‘(i)(I) Lake Superior; 
‘‘(II) Lake Huron; 
‘‘(III) Lake Michigan; 
‘‘(IV) Lake Erie; and 
‘‘(V) Lake Ontario; 
‘‘(ii) all connecting waters between the 
lakes referred to in clause (i) used for com-
mercial navigation; 
‘‘(iii) any navigation features in the 
lakes referred to in clause (i) or waters de-
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† HR 3080 EAS 
scribed in clause (ii) that are a Federal op-
eration or maintenance responsibility; and 
‘‘(iv) areas of the Saint Lawrence 
River that are operated or maintained by 
the Federal Government for commercial 
navigation. 
‘‘(C) HIGH-USE DEEP DRAFT.— 
‘‘(i) IN GENERAL.—The term ‘high-use 
deep draft’ means a project that has a depth 
of greater than 14 feet with not less than 
10,000,000 tons of cargo annually. 
‘‘(ii) EXCLUSION.—The term ‘high-use 
deep draft’ does not include a project lo-
cated in the Great Lakes Navigation Sys-
tem. 
‘‘(D) 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 cal-
endar year. 
‘‘(E) MODERATE-USE
PORT.—The term 
‘moderate-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. 
‘‘(2) PRIORITY.—Of the amounts made available 
under this section to carry out projects described in
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† HR 3080 EAS 
subsection (a)(2) that are in excess of the amounts 
made available to carry out those projects in fiscal 
year 2012, the Secretary of the Army, acting through 
the Chief of Engineers, shall give priority to those 
projects in the following order: 
‘‘(A)(i) In any fiscal year in which all 
projects subject to the harbor maintenance fee 
under section 24.24 of title 19, Code of Federal 
Regulations (or a successor regulation) are not 
maintained to their constructed width and 
depth, the Secretary shall prioritize amounts 
made available under this section for those 
projects that are high-use deep draft and are a 
priority for navigation in the Great Lakes Navi-
gation System. 
‘‘(ii) Of the amounts made available under 
clause (i)— 
‘‘(I) 80 percent shall be used for 
projects that are high-use deep draft; and 
‘‘(II) 20 percent shall be used for 
projects that are a priority for navigation 
in the Great Lakes Navigation System. 
‘‘(B) In any fiscal year in which all 
projects identified as high-use deep draft are
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† HR 3080 EAS 
maintained to their constructed width and 
depth, the Secretary shall— 
‘‘(i) equally divide among each of the 
districts of the Corps of Engineers in which 
eligible projects are located 10 percent of re-
maining amounts made available under 
this section for moderate-use and low-use 
port projects— 
‘‘(I) that have been maintained at 
less than their constructed width and 
depth due to insufficient federal fund-
ing during the preceding 6 fiscal years; 
and 
‘‘(II) for which significant State 
and local investments in infrastructure 
have been made at those projects dur-
ing the preceding 6 fiscal years; and 
‘‘(ii) 
prioritize 
any 
remaining 
amounts made available under this section 
for those projects that are not maintained to 
the minimum width and depth necessary to 
provide sufficient clearance for fully loaded 
commercial vessels using those projects to 
maneuver safely.
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† HR 3080 EAS 
‘‘(3) ADMINISTRATION.—For purposes of this 
subsection, State and local investments in infrastruc-
ture shall include infrastructure investments made 
using amounts made available for activities under 
section 105(a)(9) of the Housing and Community De-
velopment Act of 1974 (42 U.S.C. 5305(a)(9)). 
‘‘(4) 
EXCEPTIONS.—The 
Secretary 
may 
prioritize a project not identified in paragraph (2) if 
the Secretary determines that funding for the project 
is necessary to address— 
‘‘(A) hazardous navigation conditions; or 
‘‘(B) impacts of natural disasters, including 
storms and droughts. 
‘‘(5) REPORTS TO CONGRESS.—Not later than 
September 30, 2013, and annually thereafter, the Sec-
retary shall submit to Congress a report that de-
scribes, with respect to the preceding fiscal year— 
‘‘(A) the amount of funds used to maintain 
high-use deep draft projects and projects at mod-
erate-use ports and low-use ports to the con-
structed depth and width of the projects; 
‘‘(B) the respective percentage of total funds 
provided under this section used for high use 
deep draft projects and projects at moderate-use 
ports and low-use ports;
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† HR 3080 EAS 
‘‘(C) the remaining amount of funds made 
available to carry out this section, if any; and 
‘‘(D) any additional amounts needed to 
maintain the high-use deep draft projects and 
projects at moderate-use ports and low-use ports 
to the constructed depth and width of the 
projects.’’. 
(c) OPERATION AND MAINTENANCE.—Section 101(b) of 
the Water Resources Development Act of 1986 (33 U.S.C. 
2211(b)) is amended— 
(1) in paragraph (1), by striking ‘‘45 feet’’ and 
inserting ‘‘50 feet’’; and 
(2) by adding at the end the following: 
‘‘(3) OPERATION AND MAINTENANCE ACTIVITIES 
DEFINED.— 
‘‘(A) SCOPE OF OPERATION AND MAINTE-
NANCE ACTIVITIES.—Notwithstanding any other 
provision of law (including regulations and 
guidelines) and subject to subparagraph (B), for 
purposes of this subsection, operation and main-
tenance activities that are eligible for the Federal 
cost share under paragraph (1) shall include— 
‘‘(i) the dredging of berths in a harbor 
that is accessible to a Federal channel, if the 
Federal channel has been constructed to a
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† HR 3080 EAS 
depth equal to the authorized depth of the 
channel; and 
‘‘(ii) the dredging and disposal of leg-
acy-contaminated sediments and sediments 
unsuitable for ocean disposal that— 
‘‘(I) are located in or affect the 
maintenance of Federal navigation 
channels; or 
‘‘(II) are located in berths that 
are accessible to Federal channels. 
‘‘(B) LIMITATIONS.— 
‘‘(i) IN
GENERAL.—For each fiscal 
year, subject to section 210(c)(2), subpara-
graph (A) shall only apply— 
‘‘(I) to the amounts made avail-
able under section 210 to carry out 
projects described in subsection (a)(2) 
of that section that are in excess of the 
amounts made available to carry out 
those projects in fiscal year 2012; and 
‘‘(II) if, in that fiscal year, all 
projects identified as high-use deep 
draft (as defined in section 210(c)) are 
maintained to their constructed width 
and depth.
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† HR 3080 EAS 
‘‘(ii) STATE
LIMITATION.—For each 
fiscal year, the operation and maintenance 
activities described in subparagraph (A) 
may only be carried out in a State— 
‘‘(I) in which the total amounts 
collected pursuant to section 4461 of 
the Internal Revenue Code of 1986 
comprise not less than 2.5 percent an-
nually of the total funding of the Har-
bor Maintenance Trust Fund estab-
lished under section 9505 of the Inter-
nal Revenue Code of 1986; and 
‘‘(II) that received less than 50 
percent of the total amounts collected 
in that State pursuant to section 4461 
of the Internal Revenue Code of 1986 
in the previous 3 fiscal years. 
‘‘(iii) PRIORITIZATION.—In allocating 
amounts made available under this para-
graph, the Secretary shall give priority to 
projects that have received the lowest 
amount of funding from the Harbor Main-
tenance Trust Fund in comparison to the 
amount of funding contributed to the Har-
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† HR 3080 EAS 
bor Maintenance Trust Fund in the pre-
vious 3 fiscal years. 
‘‘(iv) MAXIMUM
AMOUNT.—The total 
amount made available in each fiscal year 
to carry out this paragraph shall not exceed 
the lesser of— 
‘‘(I) amount that is equal to 40 
percent of the amounts made available 
under section 210 to carry out projects 
described in subsection (a)(2) of that 
section that are in excess of the 
amounts made available to carry out 
those projects in fiscal year 2012; and 
‘‘(II) the amount that is equal to 
20 percent of the amounts made avail-
able under section 210 to carry out 
projects described in subsection (a)(2) 
of that section. 
‘‘(4) DONOR PORTS AND PORTS CONTRIBUTING 
TO ENERGY PRODUCTION.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) CARGO
CONTAINER.—The term 
‘cargo container’ means a cargo container 
that is 1 Twenty-foot Equivalent Unit.
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† HR 3080 EAS 
‘‘(ii) ELIGIBLE
DONOR
PORT.—The 
term, ‘eligible donor port’ means a port— 
‘‘(I) that is subject to the harbor 
maintenance fee under section 24.24 of 
title 19, Code of Federal Regulations 
(or a successor regulation); 
‘‘(II)(aa) 
at 
which 
the 
total 
amounts collected pursuant to section 
4461 of the Internal Revenue Code of 
1986 
comprise 
not 
less 
than 
$15,000,000 annually of the total fund-
ing of the Harbor Maintenance Trust 
Fund established under section 9505 of 
the Internal Revenue Code of 1986; 
and 
‘‘(bb) that received less than 25 
percent of the total amounts collected 
at that port pursuant to section 4461 
of the Internal Revenue Code of 1986 
in the previous 5 fiscal years; and 
‘‘(III) that is located in a State 
in which more than 2,000,000 cargo 
containers were unloaded from or load-
ed on to vessels in calendar year 2011.
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† HR 3080 EAS 
‘‘(iii) ELIGIBLE
ENERGY
TRANSFER 
PORT.—The term ‘eligible energy transfer 
port’ means a port— 
‘‘(I) that is subject to the harbor 
maintenance fee under section 24.24 of 
title 19, Code of Federal Regulation (or 
successor regulation); and 
‘‘(II)(aa) at which energy com-
modities comprised greater than 25 
percent of all commercial activity by 
tonnage in calendar year 2011; and 
‘‘(bb) through which more 
than 40 million tons of cargo were 
transported 
in 
calendar 
year 
2011. 
‘‘(iv) ENERGY COMMODITY.—The term 
‘energy commodity’ includes— 
‘‘(I) petroleum products; 
‘‘(II) natural gas; 
‘‘(III) coal; 
‘‘(IV) wind and solar energy com-
ponents; and 
‘‘(V) biofuels. 
‘‘(B) ADDITIONAL USES.—
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† HR 3080 EAS 
‘‘(i) IN GENERAL.—Subject to appro-
priations, the Secretary may provide to eli-
gible donor ports and eligible energy trans-
fer ports amounts in accordance with clause 
(ii). 
‘‘(ii) LIMITATIONS.—The amounts de-
scribed in clause (i)— 
‘‘(I) made available for eligible 
energy transfer ports shall be divided 
equally among all States with an eligi-
ble energy transfer port; and 
‘‘(II) shall be made available only 
to a port as either an eligible donor 
port or an eligible energy transfer port. 
‘‘(C) USES.—Amounts provided to an eligi-
ble port under this paragraph may only be used 
by that port— 
‘‘(i) to provide payments to importers 
entering cargo or shippers transporting 
cargo through an eligible donor port or eli-
gible energy transfer port, as calculated by 
U.S. Customs and Border Protection; 
‘‘(ii) to dredge berths in a harbor that 
is accessible to a Federal channel;
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‘‘(iii) to dredge and dispose of legacy- 
contaminated sediments and sediments un-
suitable for ocean disposal that— 
‘‘(I) are located in or affect the 
maintenance of Federal navigation 
channels; or 
‘‘(II) are located in berths that 
are accessible to Federal channels; or 
‘‘(iv) for environmental remediation 
related to dredging berths and Federal navi-
gation channels. 
‘‘(D) ADMINISTRATION
OF
PAYMENTS.—If 
an eligible donor port or eligible energy transfer 
port elects to provide payments to importers or 
shippers in accordance with subparagraph 
(C)(i), the Secretary shall transfer the amounts 
that would be provided to the port under this 
paragraph to the Commissioner of U.S. Customs 
and Border Protection to provide the payments 
to the importers or shippers. 
‘‘(E) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.— 
‘‘(i) IN
GENERAL.—For fiscal years 
2014 through 2024, if the total amounts 
made available from the Harbor Mainte-
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nance Trust Fund exceed the total amounts 
made available from the Harbor Mainte-
nance Trust Fund in fiscal year 2012, there 
is authorized to be appropriated from the 
Harbor Maintenance Trust Fund to carry 
out this paragraph the sum obtained by 
adding— 
‘‘(I) $50,000,000; and 
‘‘(II) the amount that is equal to 
10 percent of the amounts made avail-
able under section 210 to carry out 
projects described in subsection (a)(2) 
of that section that are in excess of the 
amounts made available to carry out 
those projects in fiscal year 2012. 
‘‘(ii) DIVISION
BETWEEN
ELIGIBLE 
DONOR
PORTS
AND
ELIGIBLE
ENERGY 
TRANSFER
PORTS.—For each fiscal year, 
amounts made available shall be divided 
equally between eligible donor ports and eli-
gible energy transfer ports.’’. 
(d) 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 Re-
sources Development Act of 1996’’ and inserting ‘‘as in ef-
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fect on the date of the enactment of the Harbor Maintenance 
Trust Fund Act of 2013’’. 
SEC. 8005. 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 ‘‘moderate- 
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 funded 
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 
(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.
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TITLE IX—DAM SAFETY 
SEC. 9001. SHORT TITLE. 
This title may be cited as the ‘‘Dam Safety Act of 
2013’’. 
SEC. 9002. PURPOSE. 
The purpose of this title and the amendments made 
by this title is to reduce the risks to life and property from 
dam failure in the United States through the reauthoriza-
tion of an effective national dam safety program that brings 
together the expertise and resources of the Federal Govern-
ment and non-Federal interests in achieving national dam 
safety hazard reduction. 
SEC. 9003. ADMINISTRATOR. 
(a) IN GENERAL.—The National Dam Safety Program 
Act (33 U.S.C. 467 et seq.) is amended by striking ‘‘Direc-
tor’’ each place it appears and inserting ‘‘Administrator’’. 
(b) CONFORMING AMENDMENT.—Section 2 of the Na-
tional Dam Safety Program Act (33 U.S.C. 467) is amend-
ed— 
(1) by striking paragraph (3); 
(2) by redesignating paragraphs (1) and (2) as 
paragraphs (2) and (3), respectively; and 
(3) by inserting before paragraph (2) (as redesig-
nated by paragraph (2)) the following:
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‘‘(1) 
ADMINISTRATOR.—The 
term 
‘Adminis-
trator’ means the Administrator of the Federal Emer-
gency Management Agency.’’. 
SEC. 9004. INSPECTION OF DAMS. 
Section 3(b)(1) of the National Dam Safety Program 
Act (33 U.S.C. 467a(b)(1)) is amended by striking ‘‘or 
maintenance’’ and inserting ‘‘maintenance, condition, or 
provisions for emergency operations’’. 
SEC. 9005. NATIONAL DAM SAFETY PROGRAM. 
(a) OBJECTIVES.—Section 8(c) of the National Dam 
Safety Program Act (33 U.S.C. 467f(c)) is amended by 
striking paragraph (4) and inserting the following: 
‘‘(4) develop and implement a comprehensive 
dam safety hazard education and public awareness 
program to assist the public in preparing for, miti-
gating, responding to, and recovering from dam inci-
dents;’’. 
(b) BOARD.—Section 8(f)(4) of the National Dam 
Safety Program Act (33 U.S.C. 467f(f)(4)) is amended by 
inserting ‘‘, representatives from nongovernmental organi-
zations,’’ after ‘‘State agencies’’. 
SEC. 9006. PUBLIC AWARENESS AND OUTREACH FOR DAM 
SAFETY. 
The National Dam Safety Program Act (33 U.S.C. 467 
et seq.) is amended—
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(A) IN GENERAL.—The term ‘‘project obli-
gation’’ means any note, bond, debenture, or 
other debt obligation issued by an obligor in con-
nection with the financing of a project. 
(B) EXCLUSION.—The term ‘‘project obliga-
tion’’ does not include a Federal credit instru-
ment. 
(9) RATING AGENCY.—The term ‘‘rating agency’’ 
means a credit rating agency registered with the Se-
curities and Exchange Commission as a nationally 
recognized statistical rating organization (as defined 
in section 3(a) of the Securities Exchange Act of 1934 
(15 U.S.C. 78c(a))). 
(10) 
RURAL
WATER
INFRASTRUCTURE 
PROJECT.—The term ‘‘rural water infrastructure 
project’’ means a project that— 
(A) is described in section 10007; and 
(B) is located in a water system that serves 
not more than 25,000 individuals. 
(11) SECURED LOAN.—The term ‘‘secured loan’’ 
means a direct loan or other debt obligation issued by 
an obligor and funded by the Secretary in connection 
with the financing of a project under section 10010. 
(12) STATE.—The term ‘‘State’’ means— 
(A) a State;
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(A) an amount equal to 49 percent of the 
reasonably anticipated eligible project costs; and 
(B) if the secured loan does not receive an 
investment-grade rating, the amount of the sen-
ior project obligations of the project. 
(3) PAYMENT.—A secured loan under this sec-
tion— 
(A) shall be payable, in whole or in part, 
from State or local taxes, user fees, or other dedi-
cated revenue sources that also secure the senior 
project obligations of the relevant project; 
(B) shall include a rate covenant, coverage 
requirement, or similar security feature sup-
porting the project obligations; and 
(C) may have a lien on revenues described 
in subparagraph (A), subject to any lien secur-
ing project obligations. 
(4) INTEREST RATE.—The interest rate on a se-
cured loan under this section shall be not less than the 
yield on United States Treasury securities of a simi-
lar maturity to the maturity of the secured loan on 
the date of execution of the loan agreement. 
(5) MATURITY DATE.— 
(A) IN GENERAL.—The final maturity date 
of a secured loan under this section shall be not
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SEC. 10012. STATE, TRIBAL, AND LOCAL PERMITS. 
The provision of financial assistance for project under 
this title shall not— 
(1) relieve any recipient of the assistance of any 
obligation to obtain any required State, local, or trib-
al permit or approval with respect to the project; 
(2) limit the right of any unit of State, local, or 
tribal government to approve or regulate any rate of 
return on private equity invested in the project; or 
(3) otherwise supersede any State, local, or tribal 
law (including any regulation) applicable to the con-
struction or operation of the project. 
SEC. 10013. REGULATIONS. 
The Secretary or the Administrator, as applicable, 
may promulgate such regulations as the Secretary or Ad-
ministrator determines to be appropriate to carry out this 
title. 
SEC. 10014. FUNDING. 
(a) IN GENERAL.—There is authorized to be appro-
priated to each of the Secretary and the Administrator to 
carry out this title $50,000,000 for each of fiscal years 2014 
through 2018, to remain available until expended. 
(b) ADMINISTRATIVE COSTS.—Of the funds made 
available to carry out this title, the Secretary or the Admin-
istrator, as applicable, may use for the administration of 
this title, including for the provision of technical assistance