H. R. 3080—136 
and stormwater resources on a watershed or subwatershed 
basis to meet the objectives, goals, and policies of this Act. 
‘‘(5) MUNICIPALITY-WIDE STORMWATER MANAGEMENT PLAN-
NING.—The development of a municipality-wide plan that 
identifies the most effective placement of stormwater tech-
nologies and management approaches, to reduce water quality 
impairments from stormwater on a municipality-wide basis. 
‘‘(6) INCREASED RESILIENCE OF TREATMENT WORKS.—Efforts 
to assess future risks and vulnerabilities of publicly owned 
treatment works to manmade or natural disasters, including 
extreme weather events and sea-level rise, and to carry out 
measures, on a systemwide or area-wide basis, to increase 
the resiliency of publicly owned treatment works.’’; 
(3) by striking subsection (c); 
(4) by redesignating subsection (d) as subsection (c); and 
(5) in subsection (c) (as so redesignated) by striking ‘‘5 
years after the date of enactment of this section,’’ and inserting 
‘‘October 1, 2015,’’. 
SEC. 5012. DEFINITION OF TREATMENT WORKS. 
(a) GRANTS FOR CONSTRUCTION OF TREATMENT WORKS.—Section 
212(2)(A) of the Federal Water Pollution Control Act (33 U.S.C. 
1292(2)(A)) is amended— 
(1) by striking ‘‘any works, including site’’; 
(2) by striking ‘‘is used for ultimate’’ and inserting ‘‘will 
be used for ultimate’’; and 
(3) by inserting before the period at the end the following: 
‘‘and acquisition of other land, and interests in land, that are 
necessary for construction’’. 
(b) DEFINITIONS.—Section 502 of the Federal Water Pollution 
Control Act (33 U.S.C. 1362) is amended by adding at the end 
the following: 
‘‘(26) TREATMENT WORKS.—The term ‘treatment works’ has 
the meaning given the term in section 212.’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on October 1, 2014. 
SEC. 5013. FUNDING FOR INDIAN PROGRAMS. 
Section 518(c) of the Federal Water Pollution Control Act (33 
U.S.C. 1377(c)) is amended— 
(1) by striking ‘‘The Administrator’’ and inserting the fol-
lowing: 
‘‘(1) FISCAL YEARS 1987–2014.—The Administrator’’; 
(2) in paragraph (1) (as so designated)— 
(A) by striking ‘‘each fiscal year beginning after Sep-
tember 30, 1986,’’ and inserting ‘‘each of fiscal years 1987 
through 2014,’’; and 
(B) by striking the second sentence; and 
(3) by adding at the end the following: 
‘‘(2) FISCAL YEAR 2015 AND THEREAFTER.—For fiscal year 
2015 and each fiscal year thereafter, the Administrator shall 
reserve, before allotments to the States under section 604(a), 
not less than 0.5 percent and not more than 2.0 percent of 
the funds made available to carry out title VI. 
‘‘(3) USE OF FUNDS.—Funds reserved under this subsection 
shall be available only for grants for projects and activities 
eligible for assistance under section 603(c) to serve— 
‘‘(A) Indian tribes (as defined in subsection (h));
H. R. 3080—137 
‘‘(B) former Indian reservations in Oklahoma (as deter-
mined by the Secretary of the Interior); and 
‘‘(C) Native villages (as defined in section 3 of the 
Alaska Native Claims Settlement Act (43 U.S.C. 1602)).’’. 
SEC. 5014. WATER INFRASTRUCTURE PUBLIC-PRIVATE PARTNERSHIP 
PILOT PROGRAM. 
(a) IN GENERAL.—The Secretary shall establish a pilot program 
to evaluate the cost effectiveness and project delivery efficiency 
of allowing non-Federal pilot applicants to carry out authorized 
water resources development projects for coastal harbor improve-
ment, channel improvement, inland navigation, flood damage reduc-
tion, aquatic ecosystem restoration, and hurricane and storm dam-
age reduction. 
(b) PURPOSES.—The purposes of the pilot program established 
under subsection (a) are— 
(1) to identify cost-saving project delivery alternatives that 
reduce the backlog of authorized Corps of Engineers projects; 
and 
(2) to evaluate the technical, financial, and organizational 
benefits of allowing a non-Federal pilot applicant to carry out 
and manage the design or construction (or both) of 1 or more 
of such projects. 
(c) SUBSEQUENT APPROPRIATIONS.—Any activity undertaken 
under this section is authorized only to the extent specifically 
provided for in subsequent appropriations Acts. 
(d) ADMINISTRATION.—In carrying out the pilot program estab-
lished under subsection (a), the Secretary shall— 
(1) identify for inclusion in the program at least 15 projects 
that are authorized for construction for coastal harbor improve-
ment, channel improvement, inland navigation, flood damage 
reduction, or hurricane and storm damage reduction; 
(2) notify in writing the Committee on Environment and 
Public Works of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives of 
each project identified under paragraph (1); 
(3) in consultation with the non-Federal pilot applicant 
associated with each project identified under paragraph (1), 
develop a detailed project management plan for the project 
that outlines the scope, financing, budget, design, and construc-
tion resource requirements necessary for the non-Federal pilot 
applicant to execute the project, or a separable element of 
the project; 
(4) at the request of the non-Federal pilot applicant associ-
ated with each project identified under paragraph (1), enter 
into a project partnership agreement with the non-Federal pilot 
applicant under which the non-Federal pilot applicant is pro-
vided full project management control for the financing, design, 
or construction (or any combination thereof) of the project, 
or a separable element of the project, in accordance with plans 
approved by the Secretary; 
(5) following execution of a project partnership agreement 
under paragraph (4) and completion of all work under the 
agreement, issue payment, in accordance with subsection (g), 
to the relevant non-Federal pilot applicant for that work; and 
(6) regularly monitor and audit each project carried out 
under the program to ensure that all activities related to the
H. R. 3080—138 
project are carried out in compliance with plans approved by 
the Secretary and that construction costs are reasonable. 
(e) SELECTION CRITERIA.—In identifying projects under sub-
section (d)(1), the Secretary shall consider the extent to which 
the project— 
(1) is significant to the economy of the United States; 
(2) leverages Federal investment by encouraging non-Fed-
eral contributions to the project; 
(3) employs innovative project delivery and cost-saving 
methods; 
(4) received Federal funds in the past and experienced 
delays or missed scheduled deadlines; 
(5) has unobligated Corps of Engineers funding balances; 
and 
(6) has not received Federal funding for recapitalization 
and modernization since the project was authorized. 
(f) DETAILED PROJECT SCHEDULE.—Not later than 180 days 
after entering into a project partnership agreement under sub-
section (d)(4), a non-Federal pilot applicant, to the maximum extent 
practicable, shall submit to the Secretary a detailed project schedule 
for the relevant project, based on estimated funding levels, that 
specifies deadlines for each milestone with respect to the project. 
(g) PAYMENT.—Payment to the non-Federal pilot applicant for 
work completed pursuant to a project partnership agreement under 
subsection (d)(4) may be made from— 
(1) if applicable, the balance of the unobligated amounts 
appropriated for the project; and 
(2) other amounts appropriated to the Corps of Engineers, 
subject to the condition that the total amount transferred to 
the non-Federal pilot applicant may not exceed the estimate 
of the Federal share of the cost of construction, including any 
required design. 
(h) TECHNICAL ASSISTANCE.—At the request of a non-Federal 
pilot applicant participating in the pilot program established under 
subsection (a), the Secretary may provide to the non-Federal pilot 
applicant, if the non-Federal pilot applicant contracts with and 
compensates the Secretary, technical assistance with respect to— 
(1) a study, engineering activity, or design activity related 
to a project carried out by the non-Federal pilot applicant 
under the program; and 
(2) obtaining permits necessary for such a project. 
(i) IDENTIFICATION OF IMPEDIMENTS.— 
(1) IN GENERAL.—The Secretary shall— 
(A) except as provided in paragraph (2), identify any 
procedural requirements under the authority of the Sec-
retary that impede greater use of public-private partner-
ships and private investment in water resources develop-
ment projects; 
(B) develop and implement, on a project-by-project 
basis, procedures and approaches that— 
(i) address such impediments; and 
(ii) protect the public interest and any public 
investment in water resources development projects 
that involve public-private partnerships or private 
investment in water resources development projects; 
and
H. R. 3080—139 
(C) not later than 1 year after the date of enactment 
of this section, issue rules to carry out the procedures 
and approaches developed under subparagraph (B). 
(2) RULE OF CONSTRUCTION.—Nothing in this section allows 
the Secretary to waive any requirement under— 
(A) sections 3141 through 3148 and sections 3701 
through 3708 of title 40, United States Code; 
(B) the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.); or 
(C) any other provision of Federal law. 
(j) PUBLIC BENEFIT STUDIES.— 
(1) IN GENERAL.—Before entering into a project partnership 
agreement under subsection (d)(4), the Secretary shall conduct 
an assessment of whether, and provide justification in writing 
to the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infrastruc-
ture of the House of Representatives that, the proposed agree-
ment provides better public and financial benefits than a 
similar transaction using public funding or financing. 
(2) REQUIREMENTS.—An assessment under paragraph (1) 
shall— 
(A) be completed in a period of not more than 90 
days; 
(B) take into consideration any supporting materials 
and data submitted by the relevant non-Federal pilot 
applicant and other stakeholders; and 
(C) determine whether the proposed project partner-
ship agreement is in the public interest by determining 
whether the agreement will provide public and financial 
benefits, including expedited project delivery and savings 
for taxpayers. 
(k) NON-FEDERAL FUNDING.—The non-Federal pilot applicant 
may finance the non-Federal share of a project carried out under 
the pilot program established under subsection (a). 
(l) APPLICABILITY OF FEDERAL LAW.—Any provision of Federal 
law that would apply to the Secretary if the Secretary were carrying 
out a project shall apply to a non-Federal pilot applicant carrying 
out a project under this section. 
(m) COST SHARE.—Nothing in this section affects a cost-sharing 
requirement under Federal law that is applicable to a project carried 
out under the pilot program established under subsection (a). 
(n) REPORT.—Not later than 3 years after the date of enactment 
of this Act, the Secretary shall submit to the Committee on Environ-
ment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives 
and make publicly available a report describing the results of the 
pilot program established under subsection (a), including any rec-
ommendations of the Secretary concerning whether the program 
or any component of the program should be implemented on a 
national basis. 
(o) NON-FEDERAL PILOT APPLICANT DEFINED.—In this section, 
the term ‘‘non-Federal pilot applicant’’ means— 
(1) the non-Federal sponsor of the water resources develop-
ment project; 
(2) a non-Federal interest, as defined in section 221 of 
the Flood Control Act of 1970 (42 U.S.C. 1982d–5b); or