H. R. 1495—56 
‘‘(2) 
OPERATION, 
MAINTENANCE, 
REPLACEMENT, 
AND 
REHABILITATION COSTS.—Operation, maintenance, replacement, 
and rehabilitation costs associated with a project under this 
section are the responsibility of the non-Federal interest. 
‘‘(d) SELECTION OF DREDGED MATERIAL DISPOSAL METHOD FOR 
ENVIRONMENTAL PURPOSES.— 
‘‘(1) IN GENERAL.—In developing and carrying out a Federal 
water resources project involving the disposal of dredged mate-
rial, the Secretary may select, with the consent of the non- 
Federal interest, a disposal method that is not the least cost 
option if the Secretary determines that the incremental costs 
of the disposal method are reasonable in relation to the environ-
mental benefits, including the benefits to the aquatic environ-
ment to be derived from the creation of wetlands and control 
of shoreline erosion. 
‘‘(2) FEDERAL SHARE.—The Federal share of such incre-
mental costs shall be determined in accordance with subsection 
(c). 
‘‘(e) STATE AND REGIONAL PLANS.—The Secretary may— 
‘‘(1) cooperate with any State in the preparation of a com-
prehensive State or regional sediment management plan within 
the boundaries of the State; 
‘‘(2) encourage State participation in the implementation 
of the plan; and 
‘‘(3) submit to Congress reports and recommendations with 
respect to appropriate Federal participation in carrying out 
the plan. 
‘‘(f) PRIORITY AREAS.—In carrying out this section, the Secretary 
shall give priority to a regional sediment management project in 
the vicinity of each of the following: 
‘‘(1) Little Rock Slackwater Harbor, Arkansas. 
‘‘(2) Fletcher Cove, California. 
‘‘(3) Egmont Key, Florida. 
‘‘(4) Calcasieu Ship Channel, Louisiana. 
‘‘(5) Delaware River Estuary, New Jersey and Pennsyl-
vania. 
‘‘(6) Fire Island Inlet, Suffolk County, New York. 
‘‘(7) Smith Point Park Pavilion and the TWA Flight 800 
Memorial, Brookhaven, New York. 
‘‘(8) Morehead City, North Carolina. 
‘‘(9) Toledo Harbor, Lucas County, Ohio. 
‘‘(10) Galveston Bay, Texas. 
‘‘(11) Benson Beach, Washington. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $30,000,000 per fiscal 
year, of which not more than $5,000,000 per fiscal year may be 
used for the development of regional sediment management plans 
authorized by subsection (e) and of which not more than $3,000,000 
per fiscal year may be used for construction of projects to which 
subsection (c)(1)(B)(ii) applies. Such funds shall remain available 
until expended.’’. 
(b) CONFORMING REPEAL.— 
(1) IN
GENERAL.—Section 145 of the Water Resources 
Development Act of 1976 (33 U.S.C. 426j) is repealed. 
(2) EXISTING PROJECTS.—The Secretary may complete any 
project being carried out under section 145 of the Water
H. R. 1495—57 
Resources Development Act of 1976 on the day before the 
date of enactment of this Act. 
SEC. 2038. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT 
PROGRAM. 
(a) IN GENERAL.—Section 3 of the Act entitled ‘‘An Act author-
izing Federal participation in the cost of protecting the shores 
of publicly owned property’’, approved August 13, 1946 (33 U.S.C. 
426g), is amended to read as follows: 
‘‘SEC. 3. STORM AND HURRICANE RESTORATION AND IMPACT MINI-
MIZATION PROGRAM. 
‘‘(a) CONSTRUCTION OF SMALL SHORE AND BEACH RESTORATION 
AND PROTECTION PROJECTS.— 
‘‘(1) IN GENERAL.—The Secretary may carry out a program 
for the construction of small shore and beach restoration and 
protection projects not specifically authorized by Congress that 
otherwise comply with the first section of this Act if the Sec-
retary determines that such construction is advisable. 
‘‘(2) LOCAL COOPERATION.—The local cooperation require-
ment of the first section of this Act shall apply to a project 
under this section. 
‘‘(3) COMPLETENESS.—A project under this subsection— 
‘‘(A) shall be complete; and 
‘‘(B) shall not commit the United States to any addi-
tional improvement to ensure the successful operation of 
the project; except for participation in periodic beach 
nourishment in accordance with— 
‘‘(i) the first section of this Act; and 
‘‘(ii) the procedure for projects authorized after 
submission of a survey report. 
‘‘(b) NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT 
AND DEMONSTRATION PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall conduct under the 
program authorized by subsection (a) a national shoreline ero-
sion control development and demonstration program (referred 
to in this section as the ‘demonstration program’). 
‘‘(2) REQUIREMENTS.— 
‘‘(A) IN GENERAL.—The demonstration program shall 
include provisions for— 
‘‘(i) 
projects 
consisting 
of 
planning, 
design, 
construction, and monitoring of prototype engineered 
and native and naturalized vegetative shoreline erosion 
control devices and methods; 
‘‘(ii) monitoring of the applicable prototypes; 
‘‘(iii) detailed engineering and environmental 
reports on the results of each project carried out under 
the demonstraton program; and 
‘‘(iv) technology transfers, as appropriate, to pri-
vate property owners, State and local entities, non-
profit educational institutions, and nongovernmental 
organizations. 
‘‘(B) DETERMINATION OF FEASIBILITY.—A project under 
the demonstration program shall not be carried out until 
the Secretary determines that the project is feasible. 
‘‘(C) EMPHASIS.—A project under the demonstration 
program shall emphasize, to the maximum extent prac-
ticable—
H. R. 1495—58 
‘‘(i) the development and demonstration of innova-
tive technologies; 
‘‘(ii) efficient designs to prevent erosion at a shore-
line site, taking into account the lifecycle cost of the 
design, including cleanup, maintenance, and amortiza-
tion; 
‘‘(iii) new and enhanced shore protection project 
design and project formulation tools the purposes of 
which are to improve the physical performance, and 
lower the lifecycle costs, of the projects; 
‘‘(iv) natural designs, including the use of native 
and naturalized vegetation or temporary structures 
that minimize permanent structural alterations to the 
shoreline; 
‘‘(v) the avoidance of negative impacts to adjacent 
shorefront communities; 
‘‘(vi) in areas with substantial residential or 
commercial interests located adjacent to the shoreline, 
designs that do not impair the aesthetic appeal of 
the interests; 
‘‘(vii) 
the 
potential 
for 
long-term 
protection 
afforded by the technology; and 
‘‘(viii) recommendations developed from evalua-
tions of the program established under the Shoreline 
Erosion Control Demonstration Act of 1974 (42 U.S.C. 
1962–5 note), including— 
‘‘(I) adequate consideration of the subgrade; 
‘‘(II) proper filtration; 
‘‘(III) durable components; 
‘‘(IV) adequate connection between units; and 
‘‘(V) 
consideration 
of 
additional 
relevant 
information. 
‘‘(D) SITES.— 
‘‘(i) IN
GENERAL.—Each project under the dem-
onstration program may be carried out at— 
‘‘(I) a privately owned site with substantial 
public access; or 
‘‘(II) a publicly owned site on open coast or 
in tidal waters. 
‘‘(ii) SELECTION.—The Secretary shall develop cri-
teria for the selection of sites for projects under the 
demonstration program, including criteria based on— 
‘‘(I) a variety of geographic and climatic condi-
tions; 
‘‘(II) the size of the population that is 
dependent on the beaches for recreation or the 
protection of private property or public infrastruc-
ture; 
‘‘(III) the rate of erosion; 
‘‘(IV) significant natural resources or habitats 
and environmentally sensitive areas; and 
‘‘(V) significant threatened historic structures 
or landmarks. 
‘‘(3) CONSULTATION.—The Secretary shall carry out the 
demonstration program in consultation with—
H. R. 1495—59 
‘‘(A) the Secretary of Agriculture, particularly with 
respect to native and naturalized vegetative means of pre-
venting and controlling shoreline erosion; 
‘‘(B) Federal, State, and local agencies; 
‘‘(C) private organizations; 
‘‘(D) the Coastal Engineering Research Center estab-
lished by the first section of Public Law 88–172 (33 U.S.C. 
426–1); and 
‘‘(E) applicable university research facilities. 
‘‘(4) COMPLETION OF DEMONSTRATION.—After carrying out 
the initial construction and evaluation of the performance and 
cost of a project under the demonstration program, the Sec-
retary may— 
‘‘(A) amend, at the request of a non-Federal interest 
of the project, the partnership agreement for a federally 
authorized shore protection project in existence on the date 
on which initial construction of the project under the dem-
onstration program is complete to incorporate the project 
constructed under the demonstration program as a feature 
of the shore protection project, with the future cost sharing 
of the project constructed under the demonstration program 
to be determined by the project purposes of the shore 
protection project; or 
‘‘(B) transfer all interest in and responsibility for the 
completed project constructed under the demonstration pro-
gram to a non-Federal interest or another Federal agency. 
‘‘(5) AGREEMENTS.—The Secretary may enter into a partner-
ship agreement with the non-Federal interest or a cooperative 
agreement with the head of another Federal agency under 
the demonstration program— 
‘‘(A) to share the costs of construction, operation, 
maintenance, and monitoring of a project under the dem-
onstration program; 
‘‘(B) to share the costs of removing the project, or 
element of the project if the Secretary determines that 
the project or element of the project is detrimental to 
public or private property, public infrastructure, or public 
safety; or 
‘‘(C) to specify ownership of the completed project if 
the Secretary determines that the completed project will 
not be part of a Corps of Engineers project. 
‘‘(6) REPORT.—Not later than December 31, 2008, and every 
3 years thereafter, the Secretary shall prepare and submit 
to the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infrastruc-
ture of the House of Representatives a report describing— 
‘‘(A) the activities carried out and accomplishments 
made under the demonstration program since the previous 
report under this paragraph; and 
‘‘(B) any recommendations of the Secretary relating 
to the program. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), the Secretary 
may expend, from any appropriations made available to the 
Secretary for the purpose of carrying out civil works, not more 
than $30,000,000 during any fiscal year to pay the Federal 
share of the costs of construction of small shore and beach
H. R. 1495—60 
restoration and protection projects or small projects under this 
section. 
‘‘(2) LIMITATION.—The total amount expended for a project 
under this section shall— 
‘‘(A) be sufficient to pay the cost of Federal participa-
tion in the project (including periodic nourishment as pro-
vided for under the first section of this Act), as determined 
by the Secretary; and 
‘‘(B) be not more than $5,000,000.’’. 
(b) REPEAL.—Section 5 the Act entitled ‘‘An Act authorizing 
Federal participation in the cost of protecting the shores of publicly 
owned property’’, approved August 13, 1946 (33 U.S.C. 426h), is 
repealed. 
SEC. 2039. MONITORING ECOSYSTEM RESTORATION. 
(a) IN GENERAL.—In conducting a feasibility study for a project 
(or a component of a project) for ecosystem restoration, the Secretary 
shall ensure that the recommended project includes, as an integral 
part of the project, a plan for monitoring the success of the eco-
system restoration. 
(b) MONITORING PLAN.—The monitoring plan shall— 
(1) include a description of the monitoring activities to 
be carried out, the criteria for ecosystem restoration success, 
and the estimated cost and duration of the monitoring; and 
(2) specify that the monitoring shall continue until such 
time as the Secretary determines that the criteria for ecosystem 
restoration success will be met. 
(c) COST SHARE.—For a period of 10 years from completion 
of construction of a project (or a component of a project) for eco-
system restoration, the Secretary shall consider the cost of carrying 
out the monitoring as a project cost. If the monitoring plan under 
subsection (b) requires monitoring beyond the 10-year period, the 
cost of monitoring shall be a non-Federal responsibility. 
SEC. 2040. ELECTRONIC SUBMISSION OF PERMIT APPLICATIONS. 
(a) IN GENERAL.—Not later than 2 years after the date of 
enactment of this Act, the Secretary shall implement a program 
to allow electronic submission of permit applications for permits 
under the jurisdiction of the Secretary. 
(b) LIMITATIONS.—This section does not preclude the submission 
of a physical copy. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $3,000,000. 
SEC. 2041. PROJECT ADMINISTRATION. 
(a) PROJECT TRACKING.—The Secretary shall assign a unique 
tracking number to each water resources project under the jurisdic-
tion of the Secretary to be used by each Federal agency throughout 
the life of the project. 
(b) REPORT REPOSITORY.— 
(1) IN GENERAL.—The Secretary shall provide to the Library 
of Congress a copy of each final feasibility study, final environ-
mental impact statement, final reevaluation report, record of 
decision, and report to Congress prepared by the Corps of 
Engineers. 
(2) AVAILABILITY TO PUBLIC.—Each document described in 
paragraph (1) shall be made available to the public, and an
H. R. 1495—61 
electronic copy of each document shall be made permanently 
available to the public through the Internet. 
SEC. 2042. PROGRAM ADMINISTRATION. 
Sections 101, 106, and 108 of the Energy and Water Develop-
ment Appropriations Act, 2006 (Public Law 109–103; 119 Stat. 
2252–2254), are repealed. 
SEC. 2043. STUDIES AND REPORTS FOR WATER RESOURCES PROJECTS. 
(a) STUDIES.— 
(1) COST-SHARING REQUIREMENTS.—Section 105(a) of the 
Water Resources Development Act of 1986 (33 U.S.C. 2215(a)) 
is amended by adding at the end the following: 
‘‘(3) DETAILED PROJECT REPORTS.—The requirements of this 
subsection that apply to a feasibility study also shall apply 
to a study that results in a detailed project report, except 
that— 
‘‘(A) the first $100,000 of the costs of a study that 
results in a detailed project report shall be a Federal 
expense; and 
‘‘(B) paragraph (1)(C)(ii) shall not apply to such a 
study.’’. 
(2) PLANNING AND ENGINEERING.—Section 105(b) of such 
Act (33 U.S.C. 2215(b)) is amended by striking ‘‘authorized 
by this Act’’. 
(3) DEFINITIONS.—Section 105 of such Act (33 U.S.C. 2215) 
is amended by adding at the end the following: 
‘‘(d) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) DETAILED PROJECT REPORT.—The term ‘detailed project 
report’ means a report for a project not specifically authorized 
by Congress in law or otherwise that determines the feasibility 
of the project with a level of detail appropriate to the scope 
and complexity of the recommended solution and sufficient 
to proceed directly to the preparation of contract plans and 
specifications. The term includes any associated environmental 
impact statement and mitigation plan. For a project for which 
the Federal cost does not exceed $1,000,000, the term includes 
a planning and design analysis document. 
‘‘(2) FEASIBILITY STUDY.—The term ‘feasibility study’ means 
a study that results in a feasibility report under section 905, 
and any associated environmental impact statement and miti-
gation plan, prepared by the Corps of Engineers for a water 
resources project. The term includes a study that results in 
a project implementation report prepared under title VI of 
the Water Resources Development Act of 2000 (114 Stat. 2680– 
2694), a general reevaluation report, and a limited reevaluation 
report.’’. 
(b) REPORTS.— 
(1) PREPARATION.—Section 905(a) of the Water Resources 
Development Act of 1986 (33 U.S.C. 2282(a)) is amended— 
(A) by striking ‘‘(a) In the case of any’’ and inserting 
the following: 
‘‘(a) PREPARATION OF REPORTS.— 
‘‘(1) IN GENERAL.—In the case of any’’; 
(B) by striking ‘‘the Secretary, the Secretary shall’’ 
and inserting ‘‘the Secretary that results in recommenda-
tions concerning a project or the operation of a project
H. R. 1495—62 
and that requires specific authorization by Congress in 
law or otherwise, the Secretary shall perform a reconnais-
sance study and’’; 
(C) by striking ‘‘Such feasibility report’’ and inserting 
the following: 
‘‘(2) CONTENTS
OF
FEASIBILITY
REPORTS.—A feasibility 
report’’; 
(D) by striking ‘‘The feasibility report’’ and inserting 
‘‘A feasibility report’’; and 
(E) by striking the last sentence and inserting the 
following: 
‘‘(3) APPLICABILITY.—This subsection shall not apply to— 
‘‘(A) any study with respect to which a report has 
been submitted to Congress before the date of enactment 
of this Act; 
‘‘(B) any study for a project, which project is authorized 
for construction by this Act and is not subject to section 
903(b); 
‘‘(C) any study for a project which does not require 
specific authorization by Congress in law or otherwise; 
and 
‘‘(D) general studies not intended to lead to rec-
ommendation of a specific water resources project. 
‘‘(4) FEASIBILITY REPORT DEFINED.—In this subsection, the 
term ‘feasibility report’ means each feasibility report, and any 
associated environmental impact statement and mitigation 
plan, prepared by the Corps of Engineers for a water resources 
project. The term includes a project implementation report pre-
pared under title VI of the Water Resources Development Act 
of 2000 (114 Stat. 2680–2694), a general reevaluation report, 
and a limited reevaluation report.’’. 
(2) PROJECTS
NOT
SPECIFICALLY
AUTHORIZED
BY
CON-
GRESS.—Section 905 of such Act is further amended— 
(A) in subsection (b) by inserting ‘‘RECONNAISSANCE 
STUDIES.—’’ before ‘‘Before initiating’’; 
(B) by redesignating subsections (c), (d), and (e) as 
subsections (d), (e), and (f), respectively; 
(C) by inserting after subsection (b) the following: 
‘‘(c) PROJECTS NOT SPECIFICALLY AUTHORIZED BY CONGRESS.— 
In the case of any water resources project-related study authorized 
to be undertaken by the Secretary without specific authorization 
by Congress in law or otherwise, the Secretary shall prepare a 
detailed project report.’’; 
(D) in subsection (d) (as so redesignated) by inserting 
‘‘INDIAN TRIBES.—’’ before ‘‘For purposes of’’; and 
(E) in subsection (e) (as so redesignated) by inserting 
‘‘STANDARD AND UNIFORM PROCEDURES AND PRACTICES.— 
’’ before ‘‘The Secretary shall’’. 
SEC. 2044. COORDINATION AND SCHEDULING OF FEDERAL, STATE, AND 
LOCAL ACTIONS. 
(a) NOTICE
OF INTENT.—Upon request of the non-Federal 
interest in the form of a written notice of intent to construct 
or modify a non-Federal water supply, wastewater infrastructure,
H. R. 1495—63 
flood damage reduction, storm damage reduction, ecosystem restora-
tion, or navigation project that requires the approval of the Sec-
retary, the Secretary shall initiate, subject to subsection (c), proce-
dures to establish a schedule for consolidating Federal, State, and 
local agency and Indian tribe environmental assessments, project 
reviews, and issuance of all permits for the construction or modifica-
tion of the project. All States and Indian tribes having jurisdiction 
over the proposed project shall be invited by the Secretary, but 
shall not be required, to participate in carrying out this section 
with respect to the project. 
(b) COORDINATION.—The Secretary shall seek, to the extent 
practicable, to consolidate hearing and comment periods, procedures 
for data collection and report preparation, and the environmental 
review and permitting processes associated with the project and 
related activities. The Secretary shall notify, to the extent possible, 
the non-Federal interest of its responsibilities for data development 
and information that may be necessary to process each permit 
required for the project, including a schedule when the information 
and data should be provided to the appropriate Federal, State, 
or local agency or Indian tribe. 
(c) COSTS OF COORDINATION.—The costs incurred by the Sec-
retary to establish and carry out a schedule to consolidate Federal, 
State, and local agency and Indian tribe environmental assess-
ments, project reviews, and permit issuance for a project under 
this section shall be paid by the non-Federal interest. 
(d) REPORT ON TIMESAVINGS METHODS.—Not later than 3 years 
after the date of enactment of this section, the Secretary shall 
prepare and transmit to Congress a report estimating the time 
required for the issuance of all Federal, State, local, and tribal 
permits for the construction of non-Federal projects for water 
supply, wastewater infrastructure, flood damage reduction, storm 
damage reduction, ecosystem restoration, and navigation. 
SEC. 2045. PROJECT STREAMLINING. 
(a) POLICY.—The benefits of water resources projects are impor-
tant to the Nation’s economy and environment, and recommenda-
tions to Congress regarding such projects should not be delayed 
due to uncoordinated or inefficient reviews or the failure to timely 
resolve disputes during the development of water resources projects. 
(b) SCOPE.—This section shall apply to each study initiated 
after the date of enactment of this Act to develop a feasibility 
report under section 905 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2282), or a reevaluation report, for a water 
resources project if the Secretary determines that such study 
requires an environmental impact statement under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(c) WATER RESOURCES PROJECT REVIEW PROCESS.—The Sec-
retary shall develop and implement a coordinated review process 
for the development of water resources projects. 
(d) COORDINATED REVIEWS.—The coordinated review process 
under this section may provide that all reviews, analyses, opinions, 
permits, licenses, and approvals that must be issued or made by 
a Federal, State, or local government agency or Indian tribe for 
the development of a water resources project described in subsection
H. R. 1495—64 
(b) will be conducted, to the maximum extent practicable, concur-
rently and completed within a time period established by the Sec-
retary in cooperation with the agencies identified under subsection 
(e) with respect to the project. 
(e) IDENTIFICATION OF JURISDICTIONAL AGENCIES.—With respect 
to the development of each water resources project, the Secretary 
shall identify, as soon as practicable, all Federal, State, and local 
government agencies and Indian tribes that may— 
(1) have jurisdiction over the project; 
(2) be required by law to conduct or issue a review, analysis, 
or opinion for the project; or 
(3) be required to make a determination on issuing a 
permit, license, or approval for the project. 
(f) STATE AUTHORITY.—If the coordinated review process is 
being implemented under this section by the Secretary with respect 
to the development of a water resources project described in sub-
section (b) within the boundaries of a State, the State, consistent 
with State law, may choose to participate in the process and to 
make subject to the process all State agencies that— 
(1) have jurisdiction over the project; 
(2) are required to conduct or issue a review, analysis, 
or opinion for the project; or 
(3) are required to make a determination on issuing a 
permit, license, or approval for the project. 
(g) MEMORANDUM OF UNDERSTANDING.—The coordinated review 
process developed under this section may be incorporated into a 
memorandum of understanding for a water resources project 
between the Secretary, the heads of Federal, State, and local govern-
ment agencies, Indian tribes identified under subsection (e), and 
the non-Federal interest for the project. 
(h) EFFECT OF FAILURE TO MEET DEADLINE.— 
(1) NOTIFICATION.—If the Secretary determines that a Fed-
eral, State, or local government agency, Indian tribe, or non- 
Federal interest that is participating in the coordinated review 
process under this section with respect to the development 
of a water resources project has not met a deadline established 
under subsection (d) for the project, the Secretary shall notify, 
within 30 days of the date of such determination, the agency, 
Indian tribe, or non-Federal interest about the failure to meet 
the deadline. 
(2) AGENCY
REPORT.—Not later than 30 days after the 
date of receipt of a notice under paragraph (1), the Federal, 
State, or local government agency, Indian tribe, or non-Federal 
interest involved may submit a report to the Secretary, 
explaining why the agency, Indian tribe, or non-Federal interest 
did not meet the deadline and what actions it intends to take 
to complete or issue the required review, analysis, or opinion 
or determination on issuing a permit, license, or approval. 
(3) REPORT TO CONGRESS.—Not later than 30 days after 
the date of receipt of a report under paragraph (2), the Sec-
retary shall compile and submit a report to the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives, the Committee on Environment and Public Works 
of the Senate, and the Council on Environmental Quality, 
describing any deadlines identified in paragraph (1), and any 
information provided to the Secretary by the Federal, State,