HR 1495 PCS
‘‘SEC. 221. WRITTEN AGREEMENT REQUIREMENT FOR 
WATER RESOURCES PROJECTS.’’; 
(2) by striking subsection (a) and inserting the 
following: 
‘‘(a) COOPERATION OF NON-FEDERAL INTEREST.— 
‘‘(1) IN GENERAL.—After December 31, 1970, 
the construction of any water resources project, or 
an acceptable separable element thereof, by the Sec-
retary of the Army, acting through the Chief of En-
gineers, or by a non-Federal interest where such in-
terest will be reimbursed for such construction under 
any provision of law, shall not be commenced until 
each non-Federal interest has entered into a written 
partnership agreement with the Secretary (or, where 
appropriate, the district engineer for the district in 
which the project will be carried out) under which 
each party agrees to carry out its responsibilities 
and requirements for implementation or construction 
of the project or the appropriate element of the 
project, as the case may be; except that no such 
agreement shall be required if the Secretary deter-
mines that the administrative costs associated with 
negotiating, executing, or administering the agree-
ment would exceed the amount of the contribution 
required from the non-Federal interest and are less 
than $25,000. 
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‘‘(2) LIQUIDATED
DAMAGES.—A partnership 
agreement described in paragraph (1) may include a 
provision for liquidated damages in the event of a 
failure of one or more parties to perform. 
‘‘(3) OBLIGATION
OF
FUTURE
APPROPRIA-
TIONS.—In any partnership agreement described in 
paragraph (1) and entered into by a State, or a body 
politic of the State which derives its powers from the 
State constitution, or a governmental entity created 
by the State legislature, the agreement may reflect 
that it does not obligate future appropriations for 
such performance and payment when obligating fu-
ture appropriations would be inconsistent with con-
stitutional or statutory limitations of the State or a 
political subdivision of the State. 
‘‘(4) CREDIT FOR IN-KIND CONTRIBUTIONS.— 
‘‘(A) IN GENERAL.—A partnership agree-
ment described in paragraph (1) may provide 
with respect to a project that the Secretary 
shall credit toward the non-Federal share of the 
cost of the project, including a project imple-
mented without specific authorization in law, 
the value of in-kind contributions made by the 
non-Federal interest, including— 
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‘‘(i) the costs of planning (including 
data collection), design, management, miti-
gation, construction, and construction serv-
ices that are provided by the non-Federal 
interest for implementation of the project; 
‘‘(ii) the value of materials or services 
provided before execution of the partner-
ship agreement, including efforts on con-
structed elements incorporated into the 
project; and 
‘‘(iii) the value of materials and serv-
ices provided after execution of the part-
nership agreement. 
‘‘(B) CONDITION.—The Secretary shall 
credit an in-kind contribution under subpara-
graph (A) if the Secretary determines that the 
material or service provided as an in-kind con-
tribution is integral to the project. 
‘‘(C) WORK
PERFORMED
BEFORE
PART-
NERSHIP AGREEMENT.—In any case in which 
the non-Federal interest is to receive credit 
under subparagraph (A)(ii) for the cost of work 
carried out by the non-Federal interest and 
such work has not been carried out as of the 
date of enactment of this subparagraph, the 
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Secretary and the non-Federal interest shall 
enter into an agreement under which the non- 
Federal interest shall carry out such work, and 
only work carried out following the execution of 
the agreement shall be eligible for credit. 
‘‘(D) 
LIMITATIONS.—Credit 
authorized 
under this paragraph for a project— 
‘‘(i) shall not exceed the non-Federal 
share of the cost of the project; 
‘‘(ii) shall not alter any other require-
ment that a non-Federal interest provide 
lands, easements or rights-of-way, or areas 
for disposal of dredged material for the 
project; 
‘‘(iii) shall not alter any requirement 
that a non-Federal interest pay a portion 
of the costs of construction of the project 
under sections 101 and 103 of the Water 
Resources Development Act of 1986 (33 
U.S.C. 2211; 33 U.S.C. 2213); and 
‘‘(iv) shall not exceed the actual and 
reasonable costs of the materials, services, 
or other things provided by the non-Fed-
eral interest, as determined by the Sec-
retary. 
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‘‘(E) APPLICABILITY.— 
‘‘(i) IN
GENERAL.—This paragraph 
shall apply to water resources projects au-
thorized after November 16, 1986, includ-
ing projects initiated after November 16, 
1986, without specific authorization in law. 
‘‘(ii) LIMITATION.—In any case in 
which a specific provision of law provides 
for a non-Federal interest to receive credit 
toward the non-Federal share of the cost 
of a study for, or construction or operation 
and maintenance of, a water resources 
project, the specific provision of law shall 
apply instead of this paragraph.’’. 
(b) NON-FEDERAL INTEREST.—Section 221(b) of 
such Act is amended to read as follows: 
‘‘(b) DEFINITION OF NON-FEDERAL INTEREST.— 
The term ‘non-Federal interest’ means a legally con-
stituted public body (including a federally recognized In-
dian tribe), and a nonprofit entity with the consent of the 
affected local government, that has full authority and ca-
pability to perform the terms of its agreement and to pay 
damages, if necessary, in the event of failure to perform.’’. 
(c) PROGRAM ADMINISTRATION.—Section 221 of 
such Act is further amended— 
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(1) by redesignating subsection (e) as sub-
section (h); and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) DELEGATION OF AUTHORITY.—Not later than 
September 30, 2008, the Secretary shall issue policies and 
guidelines for partnership agreements that delegate to the 
district engineers, at a minimum— 
‘‘(1) the authority to approve any policy in a 
partnership agreement that has appeared in an 
agreement previously approved by the Secretary; 
‘‘(2) the authority to approve any policy in a 
partnership agreement the specific terms of which 
are dictated by law or by a final feasibility study, 
final environmental impact statement, or other final 
decision document for a water resources project; 
‘‘(3) the authority to approve any partnership 
agreement that complies with the policies and guide-
lines issued by the Secretary; and 
‘‘(4) the authority to sign any partnership 
agreement for any water resources project unless, 
within 30 days of the date of authorization of the 
project, the Secretary notifies the district engineer in 
which the project will be carried out that the Sec-
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retary wishes to retain the prerogative to sign the 
partnership agreement for that project. 
‘‘(f) REPORT TO CONGRESS.—Not later than 2 years 
after the date of enactment of this subsection, and every 
year thereafter, the Secretary shall submit to Congress a 
report detailing the following: 
‘‘(1) The number of partnership agreements 
signed by district engineers and the number of part-
nership agreements signed by the Secretary. 
‘‘(2) For any partnership agreement signed by 
the Secretary, an explanation of why delegation to 
the district engineer was not appropriate. 
‘‘(g) PUBLIC AVAILABILITY.—Not later than 120 
days after the date of enactment of this subsection, the 
Chief of Engineers shall— 
‘‘(1) ensure that each district engineer has 
made available to the public, including on the Inter-
net, all partnership agreements entered into under 
this section within the preceding 10 years and all 
partnership agreements for water resources projects 
currently being carried out in that district; and 
‘‘(2) make each partnership agreement entered 
into after such date of enactment available to the 
public, including on the Internet, not later than 7 
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days after the date on which such agreement is en-
tered into.’’. 
(d) LOCAL COOPERATION.—Section 912(b) of the 
Water Resources Development Act of 1986 (101 Stat. 
4190) is amended— 
(1) in paragraph (2)— 
(A) by striking ‘‘shall’’ the first place it 
appears and inserting ‘‘may’’; and 
(B) by striking the last sentence; and 
(2) in paragraph (4)— 
(A) by inserting after ‘‘injunction, for’’ the 
following: ‘‘payment of damages or, for’’; 
(B) by striking ‘‘to collect a civil penalty 
imposed under this section,’’; and 
(C) by striking ‘‘any civil penalty imposed 
under this section,’’ and inserting ‘‘any dam-
ages,’’. 
(e) APPLICABILITY.—The amendments made by sub-
sections (a), (b), and (d) only apply to partnership agree-
ments entered into after the date of enactment of this Act; 
except that, at the request of a non-Federal interest for 
a project, the district engineer for the district in which 
the project is located may amend a project partnership 
agreement entered into on or before such date and under 
which construction on the project has not been initiated 
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as of such date of enactment for the purpose of incor-
porating such amendments. 
(f) PARTNERSHIP
AND
COOPERATIVE
ARRANGE-
MENTS; REFERENCES.— 
(1) IN GENERAL.—A goal of agreements en-
tered into under section 221 of the Flood Control 
Act of 1970 (42 U.S.C. 1962d–5b) shall be to fur-
ther partnership and cooperative arrangements, and 
the agreements shall be referred to as ‘‘partnership 
agreements’’. 
(2) REFERENCES
TO
COOPERATION
AGREE-
MENTS.—Any reference in a law, regulation, docu-
ment, or other paper of the United States to a ‘‘co-
operation agreement’’ or ‘‘project cooperation agree-
ment’’ shall be deemed to be a reference to a ‘‘part-
nership agreement’’ or a ‘‘project partnership agree-
ment’’, respectively. 
(3) REFERENCES
TO
PARTNERSHIP
AGREE-
MENTS.—Any reference to a ‘‘partnership agree-
ment’’ or ‘‘project partnership agreement’’ in this 
Act (other than this section) shall be deemed to be 
a reference to a ‘‘cooperation agreement’’ or a 
‘‘project cooperation agreement’’, respectively. 
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SEC. 2010. ASSISTANCE FOR REMEDIATION, RESTORATION, 
AND REUSE. 
(a) IN GENERAL.—The Secretary may provide to 
State and local governments assessment, planning, and 
design assistance for remediation, environmental restora-
tion, or reuse of areas located within the boundaries of 
such State or local governments where such remediation, 
environmental restoration, or reuse will contribute to the 
improvement of water quality or the conservation of water 
and related resources of drainage basins and watersheds 
within the United States. 
(b) NON-FEDERAL SHARE.—The non-Federal share 
of the cost of assistance provided under subsection (a) 
shall be 50 percent. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$30,000,000 for each of fiscal years 2008 through 2012. 
SEC. 2011. COMPILATION OF LAWS. 
(a) COMPILATION OF LAWS ENACTED AFTER NO-
VEMBER 8, 1966.—Not later than one year after the date 
of enactment of this Act, the Secretary and the Chief of 
Engineers shall prepare a compilation of the laws of the 
United States relating to the improvement of rivers and 
harbors, flood damage reduction, beach and shoreline ero-
sion, hurricane and storm damage reduction, ecosystem 
and environmental restoration, and other water resources 
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development enacted after November 8, 1966, and before 
January 1, 2008, and have such compilation printed for 
the use of the Department of the Army, Congress, and 
the general public. 
(b) REPRINT OF LAWS ENACTED BEFORE NOVEM-
BER 8, 1966.—The Secretary shall have the volumes con-
taining the laws referred to in subsection (a) enacted be-
fore November 8, 1966, reprinted. 
(c) INDEX.—The Secretary shall include an index in 
each volume compiled, and each volume reprinted, pursu-
ant to this section. 
(d) CONGRESSIONAL COPIES.—Not later than De-
cember 1, 2008, the Secretary shall transmit at least 25 
copies of each volume compiled, and of each volume re-
printed, pursuant to this section to each of the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and 
Public Works of the Senate. 
(e) AVAILABILITY.—The Secretary shall ensure that 
each volume compiled, and each volume reprinted, pursu-
ant to this section are available through electronic means, 
including the Internet. 
SEC. 2012. DREDGED MATERIAL DISPOSAL. 
Section 217 of the Water Resources Development Act 
of 1996 (33 U.S.C. 2326a) is amended— 
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(1) by redesignating subsection (c) as sub-
section (d); 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) DREDGED MATERIAL FACILITY.— 
‘‘(1) IN GENERAL.—The Secretary may enter 
into a partnership agreement under section 221 of 
the Flood Control Act of 1970 (42 U.S.C. 1962d– 
5b) with one or more non-Federal interests with re-
spect to a water resources project, or group of water 
resources projects within a geographic region, if ap-
propriate, for the acquisition, design, construction, 
management, or operation of a dredged material 
processing, treatment, contaminant reduction, or 
disposal facility (including any facility used to dem-
onstrate potential beneficial uses of dredged mate-
rial, which may include effective sediment contami-
nant reduction technologies) using funds provided in 
whole or in part by the Federal Government. 
‘‘(2) PERFORMANCE.—One or more of the par-
ties to a partnership agreement under this sub-
section may perform the acquisition, design, con-
struction, management, or operation of a dredged 
material processing, treatment, contaminant reduc-
tion, or disposal facility. 
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‘‘(3) MULTIPLE
PROJECTS.—If a facility to 
which this subsection applies serves to manage 
dredged material from multiple water resources 
projects located in the geographic region of the facil-
ity, the Secretary may combine portions of such 
projects with appropriate combined costsharing be-
tween the various projects in a partnership agree-
ment for the facility under this subsection. 
‘‘(4) SPECIFIED FEDERAL FUNDING SOURCES 
AND COST SHARING.— 
‘‘(A) SPECIFIED
FEDERAL
FUNDING.—A 
partnership agreement with respect to a facility 
under this subsection shall specify— 
‘‘(i) the Federal funding sources and 
combined cost-sharing when applicable to 
multiple water resources projects; and 
‘‘(ii) the responsibilities and risks of 
each of the parties relating to present and 
future dredged material managed by the 
facility. 
‘‘(B) MANAGEMENT OF SEDIMENTS.— 
‘‘(i) IN
GENERAL.—A partnership 
agreement under this subsection may in-
clude the management of sediments from 
the maintenance dredging of Federal water 
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resources projects that do not have part-
nership agreements. 
‘‘(ii) 
PAYMENTS.—A 
partnership 
agreement under this subsection may allow 
the non-Federal interest to receive reim-
bursable payments from the Federal Gov-
ernment for commitments made by the 
non-Federal interest for disposal or place-
ment capacity at dredged material proc-
essing, treatment, contaminant reduction, 
or disposal facilities. 
‘‘(C) CREDIT.—A partnership agreement 
under this subsection may allow costs incurred 
by the non-Federal interest before execution of 
the partnership agreement to be credited in ac-
cordance with section 221(a)(4) of the Flood 
Control Act of 1970 (42 U.S.C. 1962d– 
5b(a)(4)). 
‘‘(5) CREDIT.— 
‘‘(A) 
EFFECT
ON
EXISTING
AGREE-
MENTS.—Nothing in this subsection supersedes 
or modifies an agreement in effect on the date 
of enactment of this paragraph between the 
Federal Government and any non-Federal inter-
est for the cost-sharing, construction, and oper-
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ation and maintenance of a water resources 
project. 
‘‘(B) CREDIT FOR FUNDS.—Subject to the 
approval of the Secretary and in accordance 
with law (including regulations and policies) in 
effect on the date of enactment of this para-
graph, a non-Federal interest for a water re-
sources project may receive credit for funds 
provided for the acquisition, design, construc-
tion, management, or operation of a dredged 
material processing, treatment, contaminant re-
duction, or disposal facility to the extent the fa-
cility is used to manage dredged material from 
the project. 
‘‘(C) NON-FEDERAL
INTEREST
RESPON-
SIBILITIES.—A non-Federal interest entering 
into a partnership agreement under this sub-
section for a facility shall— 
‘‘(i) be responsible for providing all 
necessary lands, easements, rights-of-way, 
and relocations associated with the facility; 
and 
‘‘(ii) receive credit toward the non- 
Federal share of the cost of the project 
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with respect to which the agreement is 
being entered into for those items.’’; and 
(3) in paragraphs (1) and (2)(A) of subsection 
(d) (as redesignated by paragraph (1))— 
(A) by inserting ‘‘and maintenance’’ after 
‘‘operation’’ each place it appears; and 
(B) by inserting ‘‘processing, treatment, 
contaminant reduction, or’’ after ‘‘dredged ma-
terial’’ the first place it appears in each of 
those paragraphs. 
SEC. 2013. WETLANDS MITIGATION. 
In carrying out a water resources project that in-
volves wetlands mitigation and that has impacts that occur 
within the same watershed of a mitigation bank, the Sec-
retary, to the maximum extent practicable and where ap-
propriate, shall first consider the use of the mitigation 
bank if the bank contains sufficient available credits to 
offset the impact and the bank is approved in accordance 
with the Federal Guidance for the Establishment, Use and 
Operation of Mitigation Banks (60 Fed. Reg. 58605) or 
other applicable Federal law (including regulations). 
SEC. 2014. MITIGATION FOR FISH AND WILDLIFE LOSSES. 
(a) MITIGATION PLAN CONTENTS.—Section 906(d) 
of the Water Resources Development Act of 1986 (33 
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U.S.C. 2283(d)) is amended by adding at the end the fol-
lowing: 
‘‘(3) CONTENTS.—A mitigation plan shall in-
clude— 
‘‘(A) a description of the physical action to 
be undertaken to achieve the mitigation objec-
tives within the watershed in which such losses 
occur and, in any case in which mitigation must 
take place outside the watershed, a justification 
detailing the rationale for undertaking the miti-
gation outside of the watershed; 
‘‘(B) a description of the lands or interests 
in lands to be acquired for mitigation and the 
basis for a determination that such lands are 
available for acquisition; 
‘‘(C) the type, amount, and characteristics 
of the habitat being restored; 
‘‘(D) success criteria for mitigation based 
on replacement of lost functions and values of 
the habitat, including hydrologic and vegetative 
characteristics; and 
‘‘(E) a plan for any necessary monitoring 
to determine the success of the mitigation, in-
cluding the cost and duration of any monitoring 
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and, to the extent practicable, the entities re-
sponsible for any monitoring. 
‘‘(4) RESPONSIBILITY
FOR
MONITORING.—In 
any case in which it is not practicable to identify in 
a mitigation plan for a water resources project, the 
entity responsible for monitoring at the time of a 
final report of the Chief of Engineers or other final 
decision document for the project, such entity shall 
be identified in the partnership agreement entered 
into with the non-Federal interest.’’. 
(b) STATUS REPORT.— 
(1) IN GENERAL.—Concurrent with the Presi-
dent’s submission to Congress of the President’s re-
quest for appropriations for the Civil Works Pro-
gram for a fiscal year, the Secretary shall submit to 
the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee 
on Environment and Public Works of the Senate a 
report on the status of construction of projects that 
require mitigation under section 906 of the Water 
Resources Development Act of 1986 (33 U.S.C. 
2283; 100 Stat. 4186) and the status of such miti-
gation. 
(2) PROJECTS INCLUDED.—The status report 
shall include the status of all projects that are under 
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construction, all projects for which the President re-
quests funding for the next fiscal year, and all 
projects that have completed construction, but have 
not completed the mitigation required under section 
906 of the Water Resources Development Act of 
1986. 
SEC. 2015. REMOTE AND SUBSISTENCE HARBORS. 
(a) IN GENERAL.—In conducting a study of harbor 
and navigation improvements, the Secretary may rec-
ommend a project without the need to demonstrate that 
the project is justified solely by national economic develop-
ment benefits if the Secretary determines that— 
(1)(A) the community to be served by the 
project is at least 70 miles from the nearest surface 
accessible commercial port and has no direct rail or 
highway link to another community served by a sur-
face accessible port or harbor; or 
(B) the project would be located in the Com-
monwealth of Puerto Rico, Guam, the State of Ha-
waii, the Commonwealth of the Northern Mariana 
Islands, the United States Virgin Islands, or Amer-
ican Samoa; 
(2) the harbor is economically critical such that 
over 80 percent of the goods transported through 
the harbor would be consumed within the community 
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served by the harbor and navigation improvement; 
and 
(3) the long-term viability of the community 
would be threatened without the harbor and naviga-
tion improvement. 
(b) JUSTIFICATION.—In considering whether to rec-
ommend a project under subsection (a), the Secretary 
shall consider the benefits of the project to— 
(1) public health and safety of the local commu-
nity, including access to facilities designed to protect 
public health and safety; 
(2) access to natural resources for subsistence 
purposes; 
(3) local and regional economic opportunities; 
(4) welfare of the local population; and 
(5) social and cultural value to the community. 
SEC. 2016. BENEFICIAL USES OF DREDGED MATERIAL. 
(a) IN GENERAL.—Section 204 of the Water Re-
sources Development Act of 1992 (33 U.S.C. 2326) is 
amended by striking subsections (c) through (g) and in-
serting the following: 
‘‘(c) IN GENERAL.—The Secretary may carry out 
projects to transport and place sediment obtained in con-
nection with the construction, operation, or maintenance 
of an authorized water resources project at locations se-
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lected by a non-Federal entity for use in the construction, 
repair, or rehabilitation of projects determined by the Sec-
retary to be in the public interest and associated with navi-
gation, flood damage reduction, hydroelectric power, mu-
nicipal and industrial water supply, agricultural water 
supply, recreation, hurricane and storm damage reduction, 
aquatic plant control, and environmental protection and 
restoration. 
‘‘(d) COOPERATIVE AGREEMENT.—Any project un-
dertaken pursuant to this section shall be initiated only 
after non-Federal interests have entered into an agree-
ment with the Secretary in which the non-Federal inter-
ests agree to pay the non-Federal share of the cost of con-
struction of the project and 100 percent of the cost of 
operation, maintenance, replacement, and rehabilitation of 
the project in accordance with section 103 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2213). 
‘‘(e) SPECIAL RULE.—Construction of a project 
under subsection (a) for one or more of the purposes of 
protection, restoration, or creation of aquatic and eco-
logically related habitat, the cost of which does not exceed 
$750,000 and which will be located in a disadvantaged 
community as determined by the Secretary, may be car-
ried out at Federal expense. 
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‘‘(f) DETERMINATION OF CONSTRUCTION COSTS.— 
Costs associated with construction of a project under this 
section shall be limited solely to construction costs that 
are in excess of those costs necessary to carry out the 
dredging for construction, operation, or maintenance of 
the authorized water resources project in the most cos- 
effective way, consistent with economic, engineering, and 
environmental criteria. 
‘‘(g) SELECTION OF SEDIMENT DISPOSAL METH-
OD.—In developing and carrying out a water resources 
project involving the disposal of sediment, 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 such 
disposal method are reasonable in relation to the environ-
mental benefits, including the benefits to the aquatic envi-
ronment to be derived from the creation of wetlands and 
control of shoreline erosion. The Federal share of such in-
cremental costs shall be determined in accordance with 
subsections (d) and (f). 
‘‘(h) NONPROFIT ENTITIES.—Notwithstanding sec-
tion 221 of the Flood Control Act of 1970 (42 U.S.C. 
1962d–5b), for any project carried out under this section, 
a non-Federal interest may include a nonprofit entity, with 
the consent of the affected local government. 
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‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $30,000,000 annually for 
projects under this section of which not more than 
$3,000,000 annually may be used for construction of 
projects described in subsection (e). Such sums shall re-
main available until expended. 
‘‘(j) REGIONAL
SEDIMENT
MANAGEMENT
PLAN-
NING.—In consultation with appropriate State and Fed-
eral agencies, the Secretary may develop, at Federal ex-
pense, plans for regional management of sediment ob-
tained in conjunction with the construction, operation, or 
maintenance of water resources projects, including poten-
tial beneficial uses of sediment for construction, repair, or 
rehabilitation of public projects for navigation, flood dam-
age reduction, hydroelectric power, municipal and indus-
trial water supply, agricultural water supply, recreation, 
hurricane and storm damage reduction, aquatic plant con-
trol, and environmental protection and restoration. 
‘‘(k) USE OF FUNDS.— 
‘‘(1) NON-FEDERAL INTEREST.—The non-Fed-
eral interest for a project described in this section 
may use, and the Secretary shall accept, funds pro-
vided under any other Federal program, to satisfy, 
in whole or in part, the non-Federal share of the 
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cost of such project if such funds are authorized to 
be used to carry out such project. 
‘‘(2) OTHER
FEDERAL
AGENCIES.—The non- 
Federal share of the cost of construction of a project 
under this section may be met through contributions 
from a Federal agency made directly to the Sec-
retary, with the consent of the affected local govern-
ment, if such funds are authorized to be used to 
carry out such project. Before initiating a project to 
which this paragraph applies, the Secretary shall 
enter into an agreement with a non-Federal interest 
in which the non-Federal interest agrees to pay 100 
percent of the cost of operation, maintenance, re-
placement, and rehabilitation of the project.’’. 
(b) REPEAL.— 
(1) IN GENERAL.—Section 145 of the Water 
Resources Development Act of 1976 (33 U.S.C. 
426j) is repealed. 
(2) HOLD
HARMLESS.—The repeal made by 
paragraph (1) shall not affect the authority of the 
Secretary to complete any project being carried out 
under such section 145 on the day before the date 
of enactment of this Act. 
(c) PRIORITY AREAS.—In carrying out section 204 
of the Water Resources Development Act of 1992 (33 
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U.S.C. 2326), the Secretary shall give priority to the fol-
lowing: 
(1) A project at Little Rock Slackwater Harbor, 
Arkansas. 
(2) A project at Egmont Key, Florida. 
(3) A project in the vicinity of Calcasieu Ship 
Channel, Louisiana. 
(4) A project in the vicinity of the Smith Point 
Park Pavilion and the TWA Flight 800 Memorial, 
Brookhaven, New York. 
(5) A project in the vicinity of Morehead City, 
North Carolina. 
(6) A project in the vicinity of Galveston Bay, 
Texas. 
(7) A project at Benson Beach, Washington. 
SEC. 
2017. 
COST-SHARING 
PROVISIONS 
FOR 
CERTAIN 
AREAS. 
Section 1156 of the Water Resources Development 
Act of 1986 (33 U.S.C. 2310; 100 Stat. 4256) is amended 
to read as follows: 
‘‘SEC. 1156. COST-SHARING PROVISIONS FOR CERTAIN 
AREAS. 
‘‘The Secretary shall waive local cost-sharing require-
ments up to $500,000 for all studies and projects— 
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‘‘(1) in the Commonwealth of Puerto Rico, 
American Samoa, Guam, the Commonwealth of the 
Northern Mariana Islands, and the United States 
Virgin Islands; 
‘‘(2) in Indian country (as defined in section 
1151 of title 18, United States Code, and including 
lands that are within the jurisdictional area of an 
Oklahoma Indian tribe, as determined by the Sec-
retary of the Interior, and are recognized by the Sec-
retary of the Interior as eligible for trust land status 
under part 151 of title 25, Code of Federal Regula-
tions); or 
‘‘(3) on land in the State of Alaska owned by 
an Alaska Native Regional Corporation or an Alaska 
Native Village Corporation (as those terms are de-
fined in the Alaska Native Claims Settlement Act 
(43 U.S.C. 1601 et seq.)) or the Metlakatla Indian 
community.’’. 
SEC. 2018. USE OF OTHER FEDERAL FUNDS. 
The non-Federal interest for a water resources study 
or project may use, and the Secretary shall accept, funds 
provided by a Federal agency under any other Federal 
program, to satisfy, in whole or in part, the non-Federal 
share of the cost of the study or project if such funds are 
authorized to be used to carry out the study or project. 
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SEC. 2019. REVISION OF PROJECT PARTNERSHIP AGREE-
MENT. 
Upon authorization by law of an increase in the max-
imum amount of Federal funds that may be allocated for 
a water resources project or an increase in the total cost 
of a water resources project authorized to be carried out 
by the Secretary, the Secretary shall revise the partnership 
agreement for the project to take into account the change 
in Federal participation in the project. 
SEC. 2020. COST SHARING. 
An increase in the maximum amount of Federal 
funds that may be allocated for a water resources project, 
or an increase in the total cost of a water resources 
project, authorized to be carried out by the Secretary shall 
not affect any cost-sharing requirement applicable to the 
project. 
SEC. 2021. EXPEDITED ACTIONS FOR EMERGENCY FLOOD 
DAMAGE REDUCTION. 
The Secretary shall expedite any authorized planning, 
design, and construction of any project for flood damage 
reduction for an area that, within the preceding 5 years, 
has been subject to flooding that resulted in the loss of 
life and caused damage of sufficient severity and mag-
nitude to warrant a declaration of a major disaster by the 
President under the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.). 
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SEC. 2022. WATERSHED AND RIVER BASIN ASSESSMENTS. 
(a) IN GENERAL.—Section 729 of the Water Re-
sources Development Act of 1986 (33 U.S.C. 2267a; 114 
Stat. 2587–2588; 100 Stat. 4164) is amended— 
(1) in subsection (d)— 
(A) by striking ‘‘and’’ at the end of para-
graph (4); 
(B) by striking the period at the end of 
paragraph (5) and inserting ‘‘;’’; and 
(C) by adding at the end the following: 
‘‘(6) Tuscarawas River Basin, Ohio; 
‘‘(7) Sauk River Basin, Snohomish and Skagit 
Counties, Washington; 
‘‘(8) Niagara River Basin, New York; 
‘‘(9) Genesee River Basin, New York; and 
‘‘(10) White River Basin, Arkansas and Mis-
souri.’’; 
(2) by striking paragraph (1) of subsection (f) 
and inserting the following: 
‘‘(1) NON-FEDERAL SHARE.—The non-Federal 
share of the costs of an assessment carried out 
under this section on or after December 11, 2000, 
shall be 25 percent.’’; and 
(3) by striking subsection (g). 
(b) REVISION OF PARTNERSHIP AGREEMENT.—The 
Secretary shall revise the partnership agreement for any 
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assessment being carried out under such section 729 to 
take into account the change in non-Federal participation 
in the assessment as a result of the amendments made 
by subsection (a). 
SEC. 2023. TRIBAL PARTNERSHIP PROGRAM. 
(a) SCOPE.—Section 203(b)(1)(B) of the Water Re-
sources 
Development 
Act 
of 
2000 
(33 
U.S.C. 
2269(b)(1)(B); 114 Stat. 2589) is amended by inserting 
after ‘‘Code’’ the following: ‘‘, and including lands that 
are within the jurisdictional area of an Oklahoma Indian 
tribe, as determined by the Secretary of the Interior, and 
are recognized by the Secretary of the Interior as eligible 
for trust land status under part 151 of title 25, Code of 
Federal Regulations’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
203(e) of such Act is amended by striking ‘‘2006’’ and 
inserting ‘‘2012’’. 
SEC. 2024. WILDFIRE FIREFIGHTING. 
Section 309 of Public Law 102–154 (42 U.S.C. 
1856a–1; 105 Stat. 1034) is amended by inserting ‘‘the 
Secretary of the Army,’’ after ‘‘the Secretary of Energy,’’. 
SEC. 2025. TECHNICAL ASSISTANCE. 
Section 22 of the Water Resources Development Act 
of 1974 (42 U.S.C. 1962d–16) is amended— 
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(1) in subsection (a) by striking ‘‘(a) The Sec-
retary’’ and inserting the following: 
‘‘(a) FEDERAL STATE COOPERATION.— 
‘‘(1) 
COMPREHENSIVE
PLANS.—The 
Sec-
retary’’; 
(2) by inserting after the last sentence in sub-
section (a) the following: 
‘‘(2) TECHNICAL ASSISTANCE.— 
‘‘(A) IN GENERAL.—At the request of a govern-
mental agency or non-Federal interest, the Secretary 
may provide, at Federal expense, technical assist-
ance to such agency or non-Federal interest in man-
aging water resources. 
‘‘(B) TYPES OF ASSISTANCE.—Technical assist-
ance under this paragraph may include provision 
and integration of hydrologic, economic, and envi-
ronmental data and analyses.’’; 
(3) in subsection (b)(1) by striking ‘‘this sec-
tion’’ each place it appears and inserting ‘‘subsection 
(a)(1)’’; 
(4) in subsection (b)(3) by striking ‘‘Up to 1⁄2 
of the’’ and inserting ‘‘The’’; 
(5) in subsection (c) by striking ‘‘(c) There is’’ 
and inserting the following: 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 
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‘‘(1) FEDERAL
AND
STATE
COOPERATION.— 
There is’’; 
(6) in subsection (c)(1) (as designated by para-
graph (5))— 
(A) by striking ‘‘the provisions of this sec-
tion’’ and inserting ‘‘subsection (a)(1)’’; and 
(B) by striking ‘‘$500,000’’ and inserting 
‘‘$1,000,000’’; 
(7) by inserting at the end of subsection (c) the 
following: 
‘‘(2) TECHNICAL
ASSISTANCE.—There is au-
thorized to be appropriated $5,000,000 annually to 
carry out subsection (a)(2), of which not more than 
$2,000,000 annually may be used by the Secretary 
to enter into cooperative agreements with nonprofit 
organizations to provide assistance to rural and 
small communities.’’; 
(8) by redesignating subsection (d) as sub-
section (e); and 
(9) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) ANNUAL SUBMISSION OF PROPOSED ACTIVI-
TIES.—Concurrent with the President’s submission to 
Congress of the President’s request for appropriations for 
the Civil Works Program for a fiscal year, the Secretary 
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shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate 
a report describing the individual activities proposed for 
funding under subsection (a)(1) for that fiscal year.’’. 
SEC. 2026. LAKES PROGRAM. 
Section 602(a) of the Water Resources Development 
Act of 1986 (100 Stat. 4148; 110 Stat. 3758; 113 Stat. 
295) is amended— 
(1) by striking ‘‘and’’ at end of paragraph (18); 
(2) by striking the period at the end of para-
graph (19) and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(20) Kinkaid Lake, Jackson County, Illinois, 
removal of silt and aquatic growth and measures to 
address excessive sedimentation; 
‘‘(21) McCarter Pond, Borough of Fairhaven, 
New Jersey, removal of silt and measures to address 
water quality; 
‘‘(22) Rogers Pond, Franklin Township, New 
Jersey, removal of silt and restoration of structural 
integrity; 
‘‘(23) Greenwood Lake, New York and New 
Jersey, removal of silt and aquatic growth; 
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‘‘(24) Lake Rodgers, Creedmoor, North Caro-
lina, removal of silt and excessive nutrients and res-
toration of structural integrity; and 
‘‘(25) Lake Luxembourg, Pennsylvania.’’. 
SEC. 2027. 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, waste-
water infrastructure, flood damage reduction, storm dam-
age reduction, ecosystem restoration, or navigation project 
that requires the approval of the Secretary, the Secretary 
shall initiate, subject to subsection (g)(1), procedures 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 con-
struction or modification of the project. The non-Federal 
interest shall submit to the Secretary, with the notice of 
intent, studies and documentation, including environ-
mental reviews, that may be required by Federal law for 
decisionmaking on the proposed project. All States and In-
dian 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. 
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(b) PROCEDURAL REQUIREMENTS.—Within 15 days 
after receipt of notice under subsection (a), the Secretary 
shall publish such notice in the Federal Register. The Sec-
retary also shall provide written notification of the receipt 
of a notice under subsection (a) to all State and local 
agencies and Indian tribes that may be required to issue 
permits for the construction of the project or related ac-
tivities. The Secretary shall solicit the cooperation of those 
agencies and request their entry into a memorandum of 
agreement described in subsection (c) with respect to the 
project. Within 30 days after publication of the notice in 
the Federal Register, State and local agencies and Indian 
tribes that intend to enter into the memorandum of agree-
ment with respect to the project shall notify the Secretary 
of their intent in writing. 
(c) SCHEDULING
AGREEMENT.—Within 90 days 
after the date of receipt of notice under subsection (a) 
with respect to a project, the Secretary of the Interior, 
the Secretary of Commerce, and the Administrator of the 
Environmental Protection Agency, as necessary, and any 
State or local agencies that have notified the Secretary 
under subsection (b) shall enter into an agreement with 
the Secretary establishing a schedule of decisionmaking 
for approval of the project and permits associated with 
the project and with related activities. 
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(d) CONTENTS OF AGREEMENT.—An agreement en-
tered into under subsection (c) with respect to a project, 
to the extent practicable, shall consolidate hearing and 
comment periods, procedures for data collection and re-
port preparation, and the environmental review and per-
mitting processes associated with the project and related 
activities. The agreement shall detail, to the extent pos-
sible, the non-Federal interest’s 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 will be provided 
to the appropriate Federal, State, or local agency or In-
dian tribe. 
(e) REVISION OF AGREEMENT.—The Secretary may 
revise an agreement entered into under subsection (c) with 
respect to a project once to extend the schedule to allow 
the non-Federal interest the minimum amount of addi-
tional time necessary to revise its original application to 
meet the objections of a Federal, State, or local agency 
or Indian tribe that is a party to the agreement. 
(f) FINAL DECISION.—Not later than the final day 
of a schedule established by an agreement entered into 
under subsection (c) with respect to a project, the Sec-
retary shall notify the non-Federal interest of the final de-
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