In the Senate of the United States, 
October 31, 2013. 
Resolved, That the bill from the House of Representa-
tives (H.R. 3080) entitled ‘‘An Act to provide for improve-
ments to the rivers and harbors of the United States, to pro-
vide for the conservation and development of water and re-
lated resources, and for other purposes.’’, do pass with the 
following 
AMENDMENT: 
Strike all after the enacting clause and insert the 
following: 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Water Resources Development Act of 2013’’. 
(b) TABLE OF CONTENTS.—The table of contents of this 
Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definition of Secretary. 
TITLE I—WATER RESOURCE PROJECTS 
Sec. 1001. Purposes. 
Sec. 1002. Project authorizations. 
Sec. 1003. Project review.
† HR 3080 EAS 
Sec. 1004. Future project authorizations. 
TITLE II—WATER RESOURCES POLICY REFORMS 
Sec. 2001. Purposes. 
Sec. 2002. Safety assurance review. 
Sec. 2003. Continuing authority programs. 
Sec. 2004. Continuing authority program prioritization. 
Sec. 2005. Fish and wildlife mitigation. 
Sec. 2006. Mitigation status report. 
Sec. 2007. Independent peer review. 
Sec. 2008. Operation and maintenance of navigation and hydroelectric facilities. 
Sec. 2009. Hydropower at Corps of Engineers facilities. 
Sec. 2010. Clarification of work-in-kind credit authority. 
Sec. 2011. Transfer of excess work-in-kind credit. 
Sec. 2012. Credit for in-kind contributions. 
Sec. 2013. Credit in lieu of reimbursement. 
Sec. 2014. Dam optimization. 
Sec. 2015. Water supply. 
Sec. 2016. Report on water storage pricing formulas. 
Sec. 2017. Clarification of previously authorized work. 
Sec. 2018. Consideration of Federal land in feasibility studies. 
Sec. 2019. Planning assistance to States. 
Sec. 2020. Vegetation management policy. 
Sec. 2021. Levee certifications. 
Sec. 2022. Restoration of flood and hurricane storm damage reduction projects. 
Sec. 2023. Operation and maintenance of certain projects. 
Sec. 2024. Dredging study. 
Sec. 2025. Non-Federal project implementation pilot program. 
Sec. 2026. Non-Federal implementation of feasibility studies. 
Sec. 2027. Tribal partnership program. 
Sec. 2028. Cooperative agreements with Columbia River Basin Indian tribes. 
Sec. 2029. Military munitions response actions at civil works shoreline protection 
projects. 
Sec. 2030. Beach nourishment. 
Sec. 2031. Regional sediment management. 
Sec. 2032. Study acceleration. 
Sec. 2033. Project acceleration. 
Sec. 2034. Feasibility studies. 
Sec. 2035. Accounting and administrative expenses. 
Sec. 2036. Determination of project completion. 
Sec. 2037. Project partnership agreements. 
Sec. 2038. Interagency and international support authority. 
Sec. 2039. Acceptance of contributed funds to increase lock operations. 
Sec. 2040. Emergency response to natural disasters. 
Sec. 2041. Systemwide improvement frameworks. 
Sec. 2042. Funding to process permits. 
Sec. 2043. National riverbank stabilization and erosion prevention study and 
pilot program. 
Sec. 2044. Hurricane and storm damage risk reduction prioritization. 
Sec. 2045. Prioritization of ecosystem restoration efforts. 
Sec. 2046. Special use permits. 
Sec. 2047. Operations and maintenance on fuel taxed inland waterways. 
Sec. 2048. Corrosion prevention. 
Sec. 2049. Project deauthorizations.
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Sec. 2050. Reports to Congress. 
Sec. 2051. Indian Self-Determination and Education Assistance Act conforming 
amendment. 
Sec. 2052. Invasive species review. 
Sec. 2053. Wetlands conservation study. 
Sec. 2054. Dam modification study. 
Sec. 2055. Non-Federal plans to provide additional flood risk reduction. 
Sec. 2056. Mississippi River forecasting improvements. 
Sec. 2057. Flexibility in maintaining navigation. 
Sec. 2058. Restricted areas at Corps of Engineers dams. 
Sec. 2059. Maximum cost of projects. 
Sec. 2060. Donald G. Waldon Lock and Dam. 
Sec. 2061. Improving planning and administration of water supply storage. 
Sec. 2062. Crediting authority for Federally authorized navigation projects. 
Sec. 2063. River basin commissions. 
Sec. 2064. Restriction on charges for certain surplus water. 
TITLE III—PROJECT MODIFICATIONS 
Sec. 3001. Purpose. 
Sec. 3002. Chatfield Reservoir, Colorado. 
Sec. 3003. Missouri River Recovery Implementation Committee expenses reim-
bursement. 
Sec. 3004. Hurricane and storm damage reduction study. 
Sec. 3005. Lower Yellowstone Project, Montana. 
Sec. 3006. Project deauthorizations. 
Sec. 3007. Raritan River Basin, Green Brook Sub-basin, New Jersey. 
Sec. 3008. Red River Basin, Oklahoma, Texas, Arkansas, Louisiana. 
Sec. 3009. Point Judith Harbor of Refuge, Rhode Island. 
Sec. 3010. Land conveyance of Hammond Boat Basin, Warrenton, Oregon. 
Sec. 3011. Metro East Flood Risk Management Program, Illinois. 
Sec. 3012. Florida Keys water quality improvements. 
Sec. 3013. Des Moines Recreational River and Greenbelt, Iowa. 
Sec. 3014. Land conveyance, Craney Island Dredged Material Management Area, 
Portsmouth, Virginia. 
Sec. 3015. Los Angeles County Drainage Area, California. 
Sec. 3016. Oakland Inner Harbor Tidal Canal, California. 
Sec. 3017. Redesignation of Lower Mississippi River Museum and Riverfront In-
terpretive Site. 
Sec. 3018. Louisiana Coastal Area. 
Sec. 3019. Four Mile Run, City of Alexandria and Arlington County, Virginia. 
Sec. 3020. East Fork of Trinity River, Texas. 
Sec. 3021. Seward Waterfront, Seward, Alaska. 
TITLE IV—WATER RESOURCE STUDIES 
Sec. 4001. Purpose. 
Sec. 4002. Initiation of new water resources studies. 
Sec. 4003. Applicability. 
TITLE V—REGIONAL AND NONPROJECT PROVISIONS 
Sec. 5001. Purpose. 
Sec. 5002. Northeast Coastal Region ecosystem restoration. 
Sec. 5003. Chesapeake Bay Environmental Restoration and Protection Program.
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Sec. 5004. Rio Grande environmental management program, Colorado, New Mex-
ico, Texas. 
Sec. 5005. Lower Columbia River and Tillamook Bay ecosystem restoration, Or-
egon and Washington. 
Sec. 5006. Arkansas River, Arkansas and Oklahoma. 
Sec. 5007. Aquatic invasive species prevention and management; Columbia River 
Basin. 
Sec. 5008. Upper Missouri Basin flood and drought monitoring. 
Sec. 5009. Upper Missouri Basin shoreline erosion prevention. 
Sec. 5010. Northern Rockies headwaters extreme weather mitigation. 
Sec. 5011. Aquatic nuisance species prevention, Great Lakes and Mississippi 
River Basin. 
Sec. 5012. Middle Mississippi River pilot program. 
Sec. 5013. Idaho, Montana, rural Nevada, New Mexico, rural Utah, and Wyo-
ming. 
Sec. 5014. Chesapeake Bay oyster restoration in Virginia and Maryland. 
Sec. 5015. Missouri River between Fort Peck Dam, Montana and Gavins Point 
Dam, South Dakota and Nebraska. 
Sec. 5016. Operations and maintenance of inland Mississippi River ports. 
Sec. 5017. Remote and subsistence harbors. 
Sec. 5018. Multiagency effort to slow the spread of Asian carp in the Upper Mis-
sissippi River and Ohio River basins and tributaries. 
Sec. 5019. Release of use restrictions. 
Sec. 5020. Rights and responsibilities of Cherokee Nation of Oklahoma regarding 
W.D. Mayo Lock and Dam, Oklahoma. 
Sec. 5021. Upper Mississippi River protection. 
Sec. 5022. Arctic Deep draft port development partnerships. 
Sec. 5023. Greater Mississippi River Basin severe flooding and drought manage-
ment study. 
Sec. 5024. Cape Arundel Disposal Site, Maine. 
TITLE VI—LEVEE SAFETY 
Sec. 6001. Short title. 
Sec. 6002. Findings; purposes. 
Sec. 6003. Definitions. 
Sec. 6004. National levee safety program. 
Sec. 6005. National levee safety advisory board. 
Sec. 6006. Inventory and inspection of levees. 
Sec. 6007. Reports. 
Sec. 6008. Effect of title. 
Sec. 6009. Authorization of appropriations. 
TITLE VII—INLAND WATERWAYS 
Sec. 7001. Purposes. 
Sec. 7002. Definitions. 
Sec. 7003. Project delivery process reforms. 
Sec. 7004. Major rehabilitation standards. 
Sec. 7005. Inland waterways system revenues. 
Sec. 7006. Efficiency of revenue collection. 
Sec. 7007. GAO study, Olmsted Locks and Dam, Lower Ohio River, Illinois and 
Kentucky. 
Sec. 7008. Olmsted Locks and Dam, Lower Ohio River, Illinois and Kentucky.
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TITLE VIII—HARBOR MAINTENANCE 
Sec. 8001. Short title. 
Sec. 8002. Purposes. 
Sec. 8003. Funding for harbor maintenance programs. 
Sec. 8004. Harbor Maintenance Trust Fund prioritization. 
Sec. 8005. Harbor maintenance trust fund study. 
TITLE IX—DAM SAFETY 
Sec. 9001. Short title. 
Sec. 9002. Purpose. 
Sec. 9003. Administrator. 
Sec. 9004. Inspection of dams. 
Sec. 9005. National Dam Safety Program. 
Sec. 9006. Public awareness and outreach for dam safety. 
Sec. 9007. Authorization of appropriations. 
TITLE X—INNOVATIVE FINANCING PILOT PROJECTS 
Sec. 10001. Short title. 
Sec. 10002. Purposes. 
Sec. 10003. Definitions. 
Sec. 10004. Authority to provide assistance. 
Sec. 10005. Applications. 
Sec. 10006. Eligible entities. 
Sec. 10007. Projects eligible for assistance. 
Sec. 10008. Activities eligible for assistance. 
Sec. 10009. Determination of eligibility and project selection. 
Sec. 10010. Secured loans. 
Sec. 10011. Program administration. 
Sec. 10012. State, tribal, and local permits. 
Sec. 10013. Regulations. 
Sec. 10014. Funding. 
Sec. 10015. Report to Congress. 
Sec. 10016. Use of American iron, steel, and manufactured goods. 
TITLE XI—EXTREME WEATHER 
Sec. 11001. Definition of resilient construction technique. 
Sec. 11002. Study on risk reduction. 
Sec. 11003. GAO study on management of flood, drought, and storm damage. 
Sec. 11004. Post-disaster watershed assessments. 
Sec. 11005. Authority to accept and expend non-Federal amounts. 
TITLE XII—NATIONAL ENDOWMENT FOR THE OCEANS 
Sec. 12001. Short title. 
Sec. 12002. Purposes. 
Sec. 12003. Definitions. 
Sec. 12004. National Endowment for the Oceans. 
Sec. 12005. Eligible uses. 
Sec. 12006. Grants. 
Sec. 12007. Annual report. 
Sec. 12008. Tulsa Port of Catoosa, Rogers County, Oklahoma land exchange.
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TITLE XIII—MISCELLANEOUS 
Sec. 13001. Applicability of Spill Prevention, Control, and Countermeasure rule. 
Sec. 13002. America the Beautiful National Parks and Federal Recreational 
Lands Pass program. 
SEC. 2. DEFINITION OF SECRETARY. 
In this Act, the term ‘‘Secretary’’ means the Secretary 
of the Army. 
TITLE I—WATER RESOURCE 
PROJECTS 
SEC. 1001. PURPOSES. 
The purposes of this title are— 
(1) to authorize projects that— 
(A) are the subject of a completed report of 
the Chief of Engineers containing a determina-
tion that the relevant project— 
(i) is in the Federal interest; 
(ii) results in benefits that exceed the 
costs of the project; 
(iii) is environmentally acceptable; 
and 
(iv) is technically feasible; and 
(B) have been recommended to Congress for 
authorization by the Assistant Secretary of the 
Army for Civil Works; and 
(2) to authorize the Secretary— 
(A) to review projects that require increased 
authorization; and
† HR 3080 EAS 
(B) to request an increase of those author-
izations after— 
(i) certifying that the increases are 
necessary; and 
(ii) submitting to Congress reports on 
the proposed increases. 
SEC. 1002. PROJECT AUTHORIZATIONS. 
The Secretary is authorized to carry out projects for 
water resources development, conservation, and other pur-
poses, subject to the conditions that— 
(1) each project is carried out— 
(A) substantially in accordance with the 
plan for the project; and 
(B) subject to any conditions described in 
the report for the project; and 
(2)(A) a Report of the Chief of Engineers has 
been completed; and 
(B) after November 8, 2007, but prior to the date 
of enactment of this Act, the Assistant Secretary of 
the Army for Civil Works has submitted to Congress 
a recommendation to authorize construction of the 
project. 
SEC. 1003. PROJECT REVIEW. 
(a) IN GENERAL.—For a project that is authorized by 
Federal law as of the date of enactment of this Act, the Sec-
† HR 3080 EAS 
retary may modify the authorized project cost set under sec-
tion 902 of the Water Resources Development Act of 1986 
(33 U.S.C. 2280)— 
(1) by submitting the required certification and 
additional information to Congress in accordance 
with subsection (b); and 
(2) after receiving an appropriation of funds in 
accordance with subsection (b)(3)(B). 
(b) REQUIREMENTS FOR SUBMISSION.— 
(1) CERTIFICATION.—The certification to Con-
gress under subsection (a) shall include a certification 
by the Secretary that— 
(A) expenditures above the authorized cost 
of the project are necessary to protect life and 
safety or property, maintain critical navigation 
routes, or restore ecosystems; 
(B) the project continues to provide benefits 
identified in the report of the Chief of Engineers 
for the project; and 
(C) for projects under construction— 
(i) a temporary stop or delay resulting 
from a failure to increase the authorized 
cost of the project will increase costs to the 
Federal Government; and
† HR 3080 EAS 
(B) after such submission, amounts are ap-
propriated to initiate or continue construction of 
the project in an appropriations or other Act. 
(c) DE MINIMIS AMOUNTS.—If the cost to complete 
construction of an authorized water resources project would 
exceed the limitations on the maximum cost of the project 
under section 902 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2280), the Secretary may complete con-
struction of the project, notwithstanding the limitations im-
posed by that section if— 
(1) construction of the project is at least 70 per-
cent complete at the time the cost of the project is pro-
jected to exceed the limitations; and 
(2) the Federal cost to complete construction is 
less than $5,000,000. 
(d) TERMINATION OF EFFECTIVENESS.—The authority 
of the Secretary under this section terminates on the date 
that is 3 years after the date of enactment of this Act. 
SEC. 1004. FUTURE PROJECT AUTHORIZATIONS. 
(a) POLICY.—The benefits of water resource projects 
designed and carried out in an economically justifiable, en-
vironmentally acceptable, and technically sound manner 
are important to the economy and environment of the 
United States and recommendations to Congress regarding
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those projects should be expedited for approval in a timely 
manner. 
(b) APPLICABILITY.—The procedures under this section 
apply to projects for water resources development, conserva-
tion, and other purposes, subject to the conditions that— 
(1) each project is carried out— 
(A) substantially in accordance with the 
plan identified in the report of the Chief of Engi-
neers for the project; and 
(B) subject to any conditions described in 
the report for the project; and 
(2)(A) a report of the Chief of Engineers has 
been completed; and 
(B) after the date of enactment of this Act, the 
Assistant Secretary of the Army for Civil Works has 
submitted to Congress a recommendation to authorize 
construction of the project. 
(c) EXPEDITED CONSIDERATION.— 
(1) IN GENERAL.—A bill shall be eligible for ex-
pedited consideration in accordance with this sub-
section if the bill— 
(A) authorizes a project that meets the re-
quirements described in subsection (b); and 
(B) is referred to the Committee on Envi-
ronment and Public Works of the Senate.
† HR 3080 EAS 
(2) COMMITTEE CONSIDERATION.— 
(A) IN GENERAL.—Not later than January 
31st of the second session of each Congress, the 
Committee on Environment and Public Works of 
the Senate shall— 
(i) report all bills that meet the re-
quirements of paragraph (1); or 
(ii) introduce and report a measure to 
authorize any project that meets the require-
ments described in subsection (b). 
(B) FAILURE TO ACT.—Subject to subpara-
graph (C), if the Committee fails to act on a bill 
that meets the requirements of paragraph (1) by 
the date specified in subparagraph (A), the bill 
shall be discharged from the Committee and 
placed on the calendar of the Senate. 
(C) EXCEPTIONS.—Subparagraph (B) shall 
not apply if— 
(i) in the 180-day period immediately 
preceding the date specified in subpara-
graph (A), the full Committee holds a legis-
lative hearing on a bill to authorize all 
projects that meet the requirements de-
scribed in subsection (b);
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(ii)(I) the Committee favorably reports 
a bill to authorize all projects that meet the 
requirements described in subsection (b); 
and 
(II) the bill described in subclause (I) 
is placed on the calendar of the Senate; or 
(iii) a bill that meets the requirements 
of paragraph (1) is referred to the Com-
mittee not earlier than 30 days before the 
date specified in subparagraph (A). 
(d) TERMINATION.—The procedures for expedited con-
sideration under this section terminate on December 31, 
2018. 
TITLE II—WATER RESOURCES 
POLICY REFORMS 
SEC. 2001. PURPOSES. 
The purposes of this title are— 
(1) to reform the implementation of water re-
sources projects by the Corps of Engineers; 
(2) to make other technical changes to the water 
resources policy of the Corps of Engineers; and 
(3) to implement reforms, including— 
(A) enhancing the ability of local sponsors 
to partner with the Corps of Engineers by ensur-
ing the eligibility of the local sponsors to receive
† HR 3080 EAS 
and apply credit for work carried out by the 
sponsors and increasing the role of sponsors in 
carrying out Corps of Engineers projects; 
(B) ensuring continuing authority pro-
grams can continue to meet important needs; 
(C) encouraging the continuation of efforts 
to modernize feasibility studies and establish tar-
gets for expedited completion of feasibility stud-
ies; 
(D) seeking efficiencies in the management 
of dams and related infrastructure to reduce en-
vironmental impacts while maximizing other 
benefits and project purposes, such as flood con-
trol, navigation, water supply, and hydropower; 
(E) clarifying mitigation requirements for 
Corps of Engineers projects and ensuring trans-
parency in the independent external review of 
those projects; and 
(F) establishing an efficient and trans-
parent process for deauthorizing projects that 
have failed to receive a minimum level of invest-
ment to ensure active projects can move forward 
while reducing the backlog of authorized projects.
† HR 3080 EAS 
SEC. 2002. SAFETY ASSURANCE REVIEW. 
Section 2035 of the Water Resources Development Act 
of 2007 (33 U.S.C. 2344) is amended by adding at the end 
the following: 
‘‘(g) NONAPPLICABILITY OF FACA.—The Federal Ad-
visory Committee Act (5 U.S.C. App.) shall not apply to 
a safety assurance review conducted under this section.’’. 
SEC. 2003. CONTINUING AUTHORITY PROGRAMS. 
(a) SMALL
RIVER
AND
HARBOR
IMPROVEMENT 
PROJECTS.—Section 107 of the River and Harbor Act of 
1960 (33 U.S.C. 577) is amended— 
(1) in subsection (a), by striking ‘‘$35,000,000’’ 
and inserting ‘‘$50,000,000’’; and 
(2) in subsection (b), by striking ‘‘$7,000,000’’ 
and inserting ‘‘$10,000,000’’. 
(b) SHORE DAMAGE PREVENTION OR MITIGATION.— 
Section 111(c) of the River and Harbor Act of 1968 (33 
U.S.C. 426i(c)) is amended by striking ‘‘$5,000,000’’ and 
inserting ‘‘$10,000,000’’. 
(c) REGIONAL SEDIMENT MANAGEMENT.— 
(1) IN GENERAL.—Section 204 of the Water Re-
sources Development Act of 1992 (33 U.S.C. 2326) is 
amended— 
(A) in subsection (c)(1)(C), by striking 
‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’; and
† HR 3080 EAS 
U.S.C. 2330(d)) is amended by striking ‘‘$5,000,000’’ and 
inserting ‘‘$10,000,000’’. 
(g) FLOODPLAIN MANAGEMENT SERVICES.—Section 
206(d) of the Flood Control Act of 1960 (33 U.S.C. 709a) 
is amended by striking ‘‘$15,000,000’’ and inserting 
‘‘$50,000,000’’. 
SEC. 
2004. 
CONTINUING 
AUTHORITY 
PROGRAM 
PRIORITIZATION. 
(a) DEFINITION
OF CONTINUING AUTHORITY PRO-
GRAM PROJECT.—In this section, the term ‘‘continuing au-
thority program’’ means 1 of the following authorities: 
(1) Section 205 of the Flood Control Act of 1948 
(33 U.S.C. 701s). 
(2) Section 111 of the River and Harbor Act of 
1968 (33 U.S.C. 426i). 
(3) Section 206 of the Water Resources Develop-
ment Act of 1996 (33 U.S.C. 2330). 
(4) Section 1135 of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 2309a). 
(5) Section 107 of the River and Harbor Act of 
1960 (33 U.S.C. 577). 
(6) Section 3 of the Act of August 13, 1946 (33 
U.S.C. 426g). 
(b) PRIORITIZATION.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall publish
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in the Federal Register and on a publicly available website, 
the criteria the Secretary uses for prioritizing annual fund-
ing for continuing authority program projects. 
(c) ANNUAL REPORT.—Not later than 1 year after the 
date of enactment of this Act and each year thereafter, the 
Secretary shall publish in the Federal Register and on a 
publicly available website, a report on the status of each 
continuing authority program, which, at a minimum, shall 
include— 
(1) the name and a short description of each ac-
tive continuing authority program project; 
(2) the cost estimate to complete each active 
project; and 
(3) the funding available in that fiscal year for 
each continuing authority program. 
(d) CONGRESSIONAL NOTIFICATION.—On publication 
in the Federal Register under subsections (b) and (c), the 
Secretary shall submit to the Committee on Environment 
and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives a copy of all information published under those 
subsections. 
SEC. 2005. FISH AND WILDLIFE MITIGATION. 
(a) IN GENERAL.—Section 906 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2283) is amended—
† HR 3080 EAS 
(1) in subsection (d)— 
(A) in paragraph (1)— 
(i) in the first sentence— 
(I) by inserting ‘‘for damages to 
ecological resources, including terres-
trial and aquatic resources, and’’ after 
‘‘mitigate’’; 
(II) by inserting ‘‘ecological re-
sources and’’ after ‘‘impact on’’; and 
(III) by inserting ‘‘without the 
implementation of mitigation meas-
ures’’ before the period; and 
(ii) by inserting before the last sentence 
the following: ‘‘If the Secretary determines 
that mitigation to in-kind conditions is not 
possible, the Secretary shall identify in the 
report the basis for that determination and 
the mitigation measures that will be imple-
mented to meet the requirements of this sec-
tion and the goals of section 307(a)(1) of the 
Water Resources Development Act of 1990 
(33 U.S.C. 2317(a)(1)).’’; 
(B) in paragraph (2)—
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(i) in the heading, by striking ‘‘DE-
SIGN’’ and inserting ‘‘SELECTION AND DE-
SIGN’’; 
(ii) by inserting ‘‘select and’’ after 
‘‘shall’’; and 
(iii) by inserting ‘‘using a watershed 
approach’’ after ‘‘projects’’; and 
(C) in paragraph (3)— 
(i) in subparagraph (A), by inserting 
‘‘, at a minimum,’’ after ‘‘complies with’’; 
and 
(ii) in subparagraph (B)— 
(I) by striking clause (iii); 
(II) by redesignating clauses (iv) 
and (v) as clauses (v) and (vi), respec-
tively; and 
(III) by inserting after clause (ii) 
the following: 
‘‘(iii) for projects where mitigation 
will be carried out by the Secretary— 
‘‘(I) a description of the land and 
interest in land to be acquired for the 
mitigation plan;
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‘‘(II) the basis for a determina-
tion that the land and interests are 
available for acquisition; and 
‘‘(III) a determination that the 
proposed interest sought does not ex-
ceed the minimum interest in land 
necessary to meet the mitigation re-
quirements for the project; 
‘‘(iv) for projects where mitigation will 
be carried out through a third party miti-
gation arrangement in accordance with sub-
section (i)— 
‘‘(I) a description of the third 
party mitigation instrument to be 
used; and 
‘‘(II) the basis for a determina-
tion that the mitigation instrument 
can meet the mitigation requirements 
for the project;’’; and 
(2) by adding at the end the following: 
‘‘(h) PROGRAMMATIC MITIGATION PLANS.— 
‘‘(1) IN GENERAL.—The Secretary may develop 1 
or more programmatic mitigation plans to address 
the potential impacts to ecological resources, fish, and
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wildlife associated with existing or future water re-
sources development projects. 
‘‘(2) USE OF MITIGATION PLANS.—The Secretary 
shall, to the maximum extent practicable, use pro-
grammatic mitigation plans developed in accordance 
with this subsection to guide the development of a 
mitigation plan under subsection (d). 
‘‘(3) NON-FEDERAL PLANS.—The Secretary shall, 
to the maximum extent practicable and subject to all 
conditions of this subsection, use programmatic envi-
ronmental plans developed by a State, a body politic 
of the State, which derives its powers from a State 
constitution, a government entity created by State 
legislation, or a local government, that meet the re-
quirements of this subsection to address the potential 
environmental impacts of existing or future water re-
sources development projects. 
‘‘(4) SCOPE.—A programmatic mitigation plan 
developed by the Secretary or an entity described in 
paragraph (3) to address potential impacts of existing 
or future water resources development projects shall, 
to the maximum extent practicable— 
‘‘(A) be developed on a regional, ecosystem, 
watershed, or statewide scale;
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‘‘(B) include specific goals for aquatic re-
source and fish and wildlife habitat restoration, 
establishment, enhancement, or preservation; 
‘‘(C) identify priority areas for aquatic re-
source and fish and wildlife habitat protection or 
restoration; 
‘‘(D) encompass multiple environmental re-
sources within a defined geographical area or 
focus on a specific resource, such as aquatic re-
sources or wildlife habitat; and 
‘‘(E) address impacts from all projects in a 
defined geographical area or focus on a specific 
type of project. 
‘‘(5) CONSULTATION.—The scope of the plan 
shall be determined by the Secretary or an entity de-
scribed in paragraph (3), as appropriate, in consulta-
tion with the agency with jurisdiction over the re-
sources being addressed in the environmental mitiga-
tion plan. 
‘‘(6) 
CONTENTS.—A 
programmatic 
environ-
mental mitigation plan may include— 
‘‘(A) an assessment of the condition of envi-
ronmental resources in the geographical area 
covered by the plan, including an assessment of
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‘‘(7) 
PROCESS.—Before 
adopting 
a 
pro-
grammatic environmental mitigation plan for use 
under this subsection, the Secretary shall— 
‘‘(A) for a plan developed by the Sec-
retary— 
‘‘(i) make a draft of the plan available 
for review and comment by applicable envi-
ronmental resource agencies and the public; 
and 
‘‘(ii) consider any comments received 
from those agencies and the public on the 
draft plan; and 
‘‘(B) for a plan developed under paragraph 
(3), determine, not later than 180 days after re-
ceiving the plan, whether the plan meets the re-
quirements of paragraphs (4) through (6) and 
was made available for public comment. 
‘‘(8) INTEGRATION WITH OTHER PLANS.—A pro-
grammatic environmental mitigation plan may be 
integrated with other plans, including watershed 
plans, ecosystem plans, species recovery plans, growth 
management plans, and land use plans. 
‘‘(9) CONSIDERATION IN PROJECT DEVELOPMENT 
AND PERMITTING.—If a programmatic environmental 
mitigation plan has been developed under this sub-
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section, any Federal agency responsible for environ-
mental reviews, permits, or approvals for a water re-
sources development project may use the recommenda-
tions in that programmatic environmental mitigation 
plan when carrying out the responsibilities of the 
agency under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(10) PRESERVATION
OF
EXISTING
AUTHORI-
TIES.—Nothing in this subsection limits the use of 
programmatic approaches to reviews under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
‘‘(i) THIRD-PARTY MITIGATION ARRANGEMENTS.— 
‘‘(1) ELIGIBLE ACTIVITIES.—In accordance with 
all applicable Federal laws (including regulations), 
mitigation efforts carried out under this section may 
include— 
‘‘(A) participation in mitigation banking 
or other third-party mitigation arrangements, 
such as— 
‘‘(i) the purchase of credits from com-
mercial or State, regional, or local agency- 
sponsored mitigation banks; and 
‘‘(ii) the purchase of credits from in- 
lieu fee mitigation programs; and
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‘‘(B) contributions to statewide and re-
gional efforts to conserve, restore, enhance, and 
create natural habitats and wetlands if the Sec-
retary determines that the contributions will en-
sure that the mitigation requirements of this sec-
tion and the goals of section 307(a)(1) of the 
Water Resources Development Act of 1990 (33 
U.S.C. 2317(a)(1)) will be met. 
‘‘(2) INCLUSION
OF
OTHER
ACTIVITIES.—The 
banks, programs, and efforts described in paragraph 
(1) include any banks, programs, and efforts devel-
oped in accordance with applicable law (including 
regulations). 
‘‘(3) TERMS AND CONDITIONS.—In carrying out 
natural habitat and wetlands mitigation efforts under 
this section, contributions to the mitigation effort 
may— 
‘‘(A) take place concurrent with, or in ad-
vance of, the commitment of funding to a project; 
and 
‘‘(B) occur in advance of project construc-
tion only if the efforts are consistent with all ap-
plicable requirements of Federal law (including 
regulations) and water resources development 
planning processes.
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‘‘(4) PREFERENCE.—At the request of the non- 
Federal project sponsor, preference may be given, to 
the maximum extent practicable, to mitigating an en-
vironmental impact through the use of a mitigation 
bank, in-lieu fee, or other third-party mitigation ar-
rangement, if the use of credits from the mitigation 
bank or in-lieu fee, or the other third-party mitiga-
tion arrangement for the project has been approved by 
the applicable Federal agency. 
‘‘(j) USE OF FUNDS.—The Secretary may use funds 
made available for preconstruction engineering and design 
prior to authorization of project construction to satisfy 
mitigation requirements through third party mechanisms 
or to acquire interests in land necessary for meeting the 
mitigation requirements of this section.’’. 
(b) APPLICATION.—The amendments made by sub-
section (a) shall not apply to a project for which a mitiga-
tion plan has been completed as of the date of enactment 
of this Act. 
(c) TECHNICAL ASSISTANCE.— 
(1) IN GENERAL.—The Secretary may provide 
technical assistance to States and local governments 
to establish third-party mitigation instruments, in-
cluding mitigation banks and in-lieu fee programs,
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that will help to target mitigation payments to high- 
priority ecosystem restoration actions. 
(2) REQUIREMENTS.—In providing technical as-
sistance under this subsection, the Secretary shall give 
priority to States and local governments that have de-
veloped State, regional, or watershed-based plans 
identifying priority restoration actions. 
(3) MITIGATION INSTRUMENTS.—The Secretary 
shall seek to ensure any technical assistance provided 
under this subsection will support the establishment of 
mitigation instruments that will result in restoration 
of high-priority areas identified in the plans under 
paragraph (2). 
SEC. 2006. MITIGATION STATUS REPORT. 
Section 2036(b) of the Water Resources Development 
Act of 2007 (33 U.S.C. 2283a) is amended— 
(1) by redesignating paragraph (3) as para-
graph (4); and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) INFORMATION INCLUDED.—In reporting the 
status of all projects included in the report, the Sec-
retary shall—
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‘‘(A) use a uniform methodology for deter-
mining the status of all projects included in the 
report; 
‘‘(B) use a methodology that describes both 
a qualitative and quantitative status for all 
projects in the report; and 
‘‘(C) provide specific dates for and partici-
pants in the consultations required under section 
906(d)(4)(B) of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 2283(d)(4)(B)).’’. 
SEC. 2007. INDEPENDENT PEER REVIEW. 
(a) TIMING OF PEER REVIEW.—Section 2034(b) of the 
Water Resources Development Act of 2007 (33 U.S.C. 
2343(b)) is amended— 
(1) by redesignating paragraph (3) as para-
graph (4); and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) REASONS FOR TIMING.—If the Chief of En-
gineers does not initiate a peer review for a project 
study at a time described in paragraph (2), the Chief 
shall— 
‘‘(A) not later than 7 days after the date on 
which the Chief of Engineers determines not to 
initiate a peer review—
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‘‘(i) notify the Committee on Environ-
ment and Public Works of the Senate and 
the Committee on Transportation and In-
frastructure of the House of Representatives 
of that decision; and 
‘‘(ii) make publicly available, includ-
ing on the Internet the reasons for not con-
ducting the review; and 
‘‘(B) include the reasons for not conducting 
the review in the decision document for the 
project study.’’. 
(b) ESTABLISHMENT OF PANELS.—Section 2034(c) of 
the Water Resources Development Act of 2007 (33 U.S.C. 
2343(c)) is amended by striking paragraph (4) and insert-
ing the following: 
‘‘(4) CONGRESSIONAL
AND
PUBLIC
NOTIFICA-
TION.—Following the identification of a project study 
for peer review under this section, but prior to initi-
ation of the review by the panel of experts, the Chief 
of Engineers shall, not later than 7 days after the 
date on which the Chief of Engineers determines to 
conduct a review— 
‘‘(A) notify the Committee on Environment 
and Public Works of the Senate and the Com-
† HR 3080 EAS 
mittee on Transportation and Infrastructure of 
the House of Representatives of the review; and 
‘‘(B) make publicly available, including on 
the Internet, information on— 
‘‘(i) the dates scheduled for beginning 
and ending the review; 
‘‘(ii) the entity that has the contract 
for the review; and 
‘‘(iii) the names and qualifications of 
the panel of experts.’’. 
(c) RECOMMENDATIONS OF PANEL.—Section 2034(f) of 
the Water Resources Development Act of 2007 (33 U.S.C. 
2343(f)) is amended by striking paragraph (2) and insert-
ing the following: 
‘‘(2) PUBLIC AVAILABILITY AND SUBMISSION TO 
CONGRESS.—After receiving a report on a project 
study from a panel of experts under this section, the 
Chief of Engineers shall make available to the public, 
including on the Internet, and submit to the Com-
mittee on Environment and Public Works of the Sen-
ate and the Committee on Transportation and Infra-
structure of the House of Representatives— 
‘‘(A) a copy of the report not later than 7 
days after the date on which the report is deliv-
ered to the Chief of Engineers; and
† HR 3080 EAS 
‘‘(B) a copy of any written response of the 
Chief of Engineers on recommendations con-
tained in the report not later than 3 days after 
the date on which the response is delivered to the 
Chief of Engineers. 
‘‘(3) INCLUSION IN PROJECT STUDY.—A report 
on a project study from a panel of experts under this 
section and the written response of the Chief of Engi-
neers shall be included in the final decision document 
for the project study.’’. 
(d) APPLICABILITY.—Section 2034(h)(2) of the Water 
Resources Development Act of 2007 (33 U.S.C. 2343(h)(2)) 
is amended by striking ‘‘7 years’’ and inserting ‘‘12 years’’. 
SEC. 2008. OPERATION AND MAINTENANCE OF NAVIGATION 
AND HYDROELECTRIC FACILITIES. 
(a) IN GENERAL.—Section 314 of the Water Resources 
Development Act of 1990 (33 U.S.C. 2321) is amended— 
(1) by striking the heading and inserting the fol-
lowing: 
‘‘SEC. 314. OPERATION AND MAINTENANCE OF NAVIGATION 
AND HYDROELECTRIC FACILITIES.’’; 
(2) in the first sentence, by striking ‘‘Activities 
currently performed’’ and inserting the following: 
‘‘(a) IN GENERAL.—Activities currently performed’’;
† HR 3080 EAS 
(3) in the second sentence, by striking ‘‘This sec-
tion’’ and inserting the following: 
‘‘(b) MAJOR MAINTENANCE CONTRACTS ALLOWED.— 
This section’’; 
(4) in subsection (a) (as designated by para-
graph (2)), by inserting ‘‘navigation or’’ before ‘‘hy-
droelectric’’; and 
(5) by adding at the end the following: 
‘‘(c) EXCLUSION.—This section shall not— 
‘‘(1) apply to those navigation facilities that 
have been or are currently under contract with a non- 
Federal interest to perform operations and mainte-
nance as of the date of enactment of the Water Re-
sources Development Act of 2013; and 
‘‘(2) prohibit the Secretary from contracting out 
future commercial activities at those navigation fa-
cilities.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
contained in section 1(b) of the Water Resources Develop-
ment Act of 1990 (104 Stat. 4604) is amended by striking 
the item relating to section 314 and inserting the following: 
‘‘Sec. 314. Operation and maintenance of navigation and hydroelectric facili-
ties.’’. 
SEC. 2009. HYDROPOWER AT CORPS OF ENGINEERS FACILI-
TIES. 
(a) FINDINGS.—Congress finds that—
† HR 3080 EAS 
(1) in April 2012, the Oak Ridge National Lab-
oratory of the Department of Energy (referred to in 
this section as the ‘‘Oak Ridge Lab’’) released a report 
finding that adding hydroelectric power to the non- 
powered dams of the United States has the potential 
to add more than 12 gigawatts of new generating ca-
pacity; 
(2) the top 10 non-powered dams identified by 
the Oak Ridge Lab as having the highest hydroelectric 
power potential could alone supply 3 gigawatts of 
generating capacity; 
(3) of the 50 non-powered dams identified by the 
Oak Ridge Lab as having the highest hydroelectric 
power potential, 48 are Corps of Engineers civil 
works projects; 
(4) promoting non-Federal hydroelectric power 
at Corps of Engineers civil works projects increases 
the taxpayer benefit of those projects; 
(5) the development of non-Federal hydroelectric 
power at Corps of Engineers civil works projects— 
(A) can be accomplished in a manner that 
is consistent with authorized project purposes 
and the responsibilities of the Corps of Engineers 
to protect the environment; and
† HR 3080 EAS 
(B) in many instances, may have addi-
tional environmental benefits; and 
(6) the development of non-Federal hydroelectric 
power at Corps of Engineers civil works projects could 
be promoted through— 
(A) clear and consistent lines of responsi-
bility and authority within and across Corps of 
Engineers districts and divisions on hydro-
electric power development activities; 
(B) consistent and corresponding processes 
for reviewing and approving hydroelectric power 
development; and 
(C) developing a means by which non-Fed-
eral hydroelectric power developers and stake-
holders can resolve disputes with the Corps of 
Engineers concerning hydroelectric power devel-
opment activities at Corps of Engineers civil 
works projects. 
(b) POLICY.—Congress declares that it is the policy of 
the United States that— 
(1) the development of non-Federal hydroelectric 
power at Corps of Engineers civil works projects, in-
cluding locks and dams, shall be given priority; 
(2) Corps of Engineers approval of non-Federal 
hydroelectric power at Corps of Engineers civil works
† HR 3080 EAS 
projects, including permitting required under section 
14 of the Act of March 3, 1899 (33 U.S.C. 408), shall 
be completed by the Corps of Engineers in a timely 
and consistent manner; and 
(3) approval of hydropower at Corps of Engi-
neers civil works projects shall in no way diminish 
the other priorities and missions of the Corps of Engi-
neers, including authorized project purposes and habi-
tat and environmental protection. 
(c) REPORT.—Not later than 1 year after the date of 
enactment of this Act and each year thereafter, the Sec-
retary shall submit to the Committee on Environment and 
Public Works of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
a report that, at a minimum, shall include— 
(1) a description of initiatives carried out by the 
Secretary to encourage the development of hydro-
electric power by non-Federal entities at Corps of En-
gineers civil works projects; 
(2) a list of all new hydroelectric power activi-
ties by non-Federal entities approved at Corps of En-
gineers civil works projects in that fiscal year, includ-
ing the length of time the Secretary needed to approve 
those activities;
† HR 3080 EAS 
(3) a description of the status of each pending 
application from non-Federal entities for approval to 
develop hydroelectric power at Corps of Engineers 
civil works projects; 
(4) a description of any benefits or impacts to 
the environment, recreation, or other uses associated 
with Corps of Engineers civil works projects at which 
non-Federal entities have developed hydroelectric 
power in the previous fiscal year; and 
(5) the total annual amount of payments or 
other services provided to the Corps of Engineers, the 
Treasury, and any other Federal agency as a result 
of approved non-Federal hydropower projects at Corps 
of Engineers civil works projects. 
SEC. 2010. CLARIFICATION OF WORK-IN-KIND CREDIT AU-
THORITY. 
(a) NON-FEDERAL COST SHARE.—Section 7007 of the 
Water Resources Development Act of 2007 (121 Stat. 1277) 
is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘, on, or after’’ after ‘‘be-
fore’’; and 
(B) by inserting ‘‘, program,’’ after ‘‘study’’ 
each place it appears;
† HR 3080 EAS 
(2) in subsections (b) and (e)(1), by inserting ‘‘, 
program,’’ after ‘‘study’’ each place it appears; and 
(3) by striking subsection (d) and inserting the 
following: 
‘‘(d) TREATMENT OF CREDIT BETWEEN PROJECTS.— 
The value of any land, easements, rights-of-way, relocations, 
and dredged material disposal areas and the costs of plan-
ning, design, and construction work provided by the non- 
Federal interest that exceed the non-Federal cost share for 
a study, program, or project under this title may be applied 
toward the non-Federal cost share for any other study, pro-
gram, or project carried out under this title.’’. 
(b) IMPLEMENTATION.—Not later than 90 days after 
the date of enactment of this Act, the Secretary, in coordina-
tion with any relevant agencies of the State of Louisiana, 
shall establish a process by which to carry out the amend-
ments made by subsection (a)(3). 
(c) EFFECTIVE DATE.—The amendments made by sub-
section (a) take effect on November 8, 2007. 
SEC. 2011. TRANSFER OF EXCESS WORK-IN-KIND CREDIT. 
(a) IN GENERAL.—Subject to subsection (b), the Sec-
retary may apply credit for in-kind contributions provided 
by a non-Federal interest that is in excess of the required 
non-Federal cost-share for a water resources study or project
† HR 3080 EAS 
toward the required non-Federal cost-share for a different 
water resources study or project. 
(b) RESTRICTIONS.— 
(1) 
IN
GENERAL.—Except 
for 
subsection 
(a)(4)(D)(i) of that section, the requirements of sec-
tion 221 of the Flood Control Act of 1970 (42 U.S.C. 
1962d–5b) (as amended by section 2012 of this Act) 
shall apply to any credit under this section. 
(2) CONDITIONS.—Credit in excess of the non- 
Federal cost-share for a study or project may be ap-
proved under this section only if— 
(A) the non-Federal interest submits a com-
prehensive plan to the Secretary that identifies— 
(i) the studies and projects for which 
the non-Federal interest intends to provide 
in-kind contributions for credit that is in 
excess of the non-Federal cost share for the 
study or project; and 
(ii) the studies and projects to which 
that excess credit would be applied; 
(B) the Secretary approves the comprehen-
sive plan; and 
(C) the total amount of credit does not ex-
ceed the total non-Federal cost-share for the stud-
† HR 3080 EAS 
ies and projects in the approved comprehensive 
plan. 
(c) ADDITIONAL CRITERIA.—In evaluating a request 
to apply credit in excess of the non-Federal cost-share for 
a study or project toward a different study or project, the 
Secretary shall consider whether applying that credit 
will— 
(1) help to expedite the completion of a project 
or group of projects; 
(2) reduce costs to the Federal Government; and 
(3) aid the completion of a project that provides 
significant flood risk reduction or environmental ben-
efits. 
(d) TERMINATION
OF AUTHORITY.—The authority 
provided in this section shall terminate 10 years after the 
date of enactment of this Act. 
(e) REPORT.— 
(1) DEADLINES.— 
(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of this Act, and once 
every 2 years thereafter, the Secretary shall sub-
mit to the Committee on Environment and Pub-
lic Works of the Senate and the Committee on 
Transportation and Infrastructure of the House
† HR 3080 EAS 
of Representatives an interim report on the use 
of the authority under this section. 
(B) FINAL
REPORT.—Not later than 10 
years after the date of enactment of this Act, the 
Secretary shall submit to the Committee on En-
vironment and Public Works of the Senate and 
the Committee on Transportation and Infra-
structure of the House of Representatives a final 
report on the use of the authority under this sec-
tion. 
(2) INCLUSIONS.—The reports described in para-
graph (1) shall include— 
(A) a description of the use of the authority 
under this section during the reporting period; 
(B) an assessment of the impact of the au-
thority under this section on the time required to 
complete projects; and 
(C) an assessment of the impact of the au-
thority under this section on other water re-
sources projects. 
SEC. 2012. CREDIT FOR IN-KIND CONTRIBUTIONS. 
(a) IN GENERAL.—Section 221(a)(4) of the Flood Con-
trol Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) is amended— 
(1) in subparagraph (A), in the matter preceding 
clause (i) by inserting ‘‘or a project under an envi-
† HR 3080 EAS 
ronmental infrastructure assistance program’’ after 
‘‘law’’; 
(2) in subparagraph (C), by striking ‘‘In any 
case’’ and all that follows through the period at the 
end and inserting the following: 
‘‘(i) CONSTRUCTION.— 
‘‘(I) IN GENERAL.—In any case 
in which the non-Federal interest is to 
receive credit under subparagraph (A) 
for the cost of construction carried out 
by the non-Federal interest before exe-
cution of a partnership agreement and 
that construction has not been carried 
out as of the date of enactment of this 
subparagraph, the Secretary and the 
non-Federal interest shall enter into an 
agreement under which the non-Fed-
eral interest shall carry out such work 
prior to the non-Federal interest initi-
ating construction or issuing a written 
notice to proceed for the construction. 
‘‘(II) ELIGIBILITY.—Construction 
that is carried out after the execution 
of an agreement to carry out work de-
scribed in subclause (I) and any design
† HR 3080 EAS 
activities that are required for that 
construction, even if the design activity 
is carried out prior to the execution of 
the agreement to carry out work, shall 
be eligible for credit. 
‘‘(ii) PLANNING.— 
‘‘(I) IN GENERAL.—In any case 
in which the non-Federal interest is to 
receive credit under subparagraph (A) 
for the cost of planning carried out by 
the non-Federal interest before execu-
tion of a feasibility cost sharing agree-
ment, the Secretary and the non-Fed-
eral interest shall enter into an agree-
ment under which the non-Federal in-
terest shall carry out such work prior 
to the non-Federal interest initiating 
that planning. 
‘‘(II) 
ELIGIBILITY.—Planning 
that is carried out by the non-Federal 
interest after the execution of an agree-
ment to carry out work described in 
subclause (I) shall be eligible for cred-
it.’’;
† HR 3080 EAS 
(3) in subparagraph (D)(iii), by striking ‘‘sec-
tions 101 and 103’’ and inserting ‘‘sections 101(a)(2) 
and 103(a)(1)(A) of the Water Resources Development 
Act of 1986 (33 U.S.C. 2211(a)(2); 33 U.S.C. 
2213(a)(1)(A))’’; 
(4) by redesignating subparagraph (E) as sub-
paragraph (H); 
(5) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) ANALYSIS OF COSTS AND BENEFITS.— 
In the evaluation of the costs and benefits of a 
project, the Secretary shall not consider construc-
tion carried out by a non-Federal interest under 
this subsection as part of the future without 
project condition. 
‘‘(F) TRANSFER OF CREDIT BETWEEN SEPA-
RABLE ELEMENTS OF A PROJECT.—Credit for in- 
kind contributions provided by a non-Federal in-
terest that are in excess of the non-Federal cost 
share for an authorized separable element of a 
project may be applied toward the non-Federal 
cost share for a different authorized separable 
element of the same project. 
‘‘(G) APPLICATION OF CREDIT.—To the ex-
tent that credit for in-kind contributions, as lim-
† HR 3080 EAS 
ited by subparagraph (D), and credit for re-
quired land, easements, rights-of-way, dredged 
material disposal areas, and relocations provided 
by the non-Federal interest exceed the non-Fed-
eral share of the cost of construction of a project 
other than a navigation project, the Secretary 
shall reimburse the difference to the non-Federal 
interest, subject to the availability of funds.’’; 
and 
(6) in subparagraph (H) (as redesignated by 
paragraph (4))— 
(A) in clause (i), by inserting ‘‘, and to 
water resources projects authorized prior to the 
date of enactment of the Water Resources Devel-
opment Act of 1986 (Public Law 99–662), if cor-
rection of design deficiencies is necessary’’ before 
the period at the end; and 
(B) by striking clause (ii) and inserting the 
following: 
‘‘(ii) AUTHORIZATION IN AD-
DITION TO SPECIFIC CREDIT PRO-
VISION.—In any case in which a 
specific provision of law author-
izes credit for in-kind contribu-
tions provided by a non-Federal
† HR 3080 EAS 
interest before the date of execu-
tion of a partnership agreement, 
the Secretary may apply the au-
thority provided in this para-
graph to allow credit for in-kind 
contributions 
provided 
by 
the 
non-Federal interest on or after 
the date of execution of the part-
nership agreement.’’. 
(b) APPLICABILITY.—Section 2003(e) of the Water Re-
sources Development Act of 2007 (42 U.S.C. 1962d–5b) is 
amended— 
(1) by inserting ‘‘, or construction of design defi-
ciency corrections on the project,’’ after ‘‘construction 
on the project’’; and 
(2) by inserting ‘‘, or under which construction 
of the project has not been completed and the work to 
be performed by the non-Federal interests has not 
been carried out and is creditable only toward any re-
maining non-Federal cost share,’’ after ‘‘has not been 
initiated’’. 
(c) EFFECTIVE DATE.—The amendments made by sub-
sections (a) and (b) take effect on November 8, 2007. 
(d) GUIDELINES.—
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(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall 
update any guidance or regulations for carrying out 
section 221(a)(4) of the Flood Control Act of 1970 (42 
U.S.C. 1962d–5b(a)(4)) (as amended by subsection 
(a)) that are in existence on the date of enactment of 
this Act or issue new guidelines, as determined to be 
appropriate by the Secretary. 
(2) INCLUSIONS.—Any guidance, regulations, or 
guidelines updated or issued under paragraph (1) 
shall include, at a minimum— 
(A) the milestone for executing an in-kind 
memorandum of understanding for construction 
by a non-Federal interest; 
(B) criteria and procedures for evaluating a 
request to execute an in-kind memorandum of 
understanding for construction by a non-Federal 
interest that is earlier than the milestone under 
subparagraph (A) for that execution; and 
(C) criteria and procedures for determining 
whether work carried out by a non-Federal inter-
est is integral to a project. 
(3) PUBLIC
AND
STAKEHOLDER
PARTICIPA-
TION.—Before issuing any new or revised guidance,
† HR 3080 EAS 
regulations, or guidelines or any subsequent updates 
to those documents, the Secretary shall— 
(A) consult with affected non-Federal inter-
ests; 
(B) publish the proposed guidelines devel-
oped under this subsection in the Federal Reg-
ister; and 
(C) provide the public with an opportunity 
to comment on the proposed guidelines. 
(e) OTHER CREDIT.—Nothing in section 221(a)(4) of 
the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) 
(as amended by subsection (a)) affects any eligibility for 
credit under section 104 of the Water Resources Develop-
ment of 1986 (33 U.S.C. 2214) that was approved by the 
Secretary prior to the date of enactment of this Act. 
SEC. 2013. CREDIT IN LIEU OF REIMBURSEMENT. 
Section 211(e)(2) of the Water Resources Development 
Act of 1996 (33 U.S.C. 701b–13(e)(2)) is amended by add-
ing at the end the following: 
‘‘(C) STUDIES OR OTHER PROJECTS.—On 
the request of a non-Federal interest, in lieu of 
reimbursing a non-Federal interest the amount 
equal to the estimated Federal share of the cost 
of an authorized flood damage reduction project 
or a separable element of an authorized flood
† HR 3080 EAS 
damage reduction project under this subsection 
that has been constructed by the non-Federal in-
terest under this section as of the date of enact-
ment of this Act, the Secretary may provide the 
non-Federal interest with a credit in that 
amount, which the non-Federal interest may 
apply to the share of the cost of the non-Federal 
interest of carrying out other flood damage re-
duction projects or studies.’’. 
SEC. 2014. DAM OPTIMIZATION. 
(a) DEFINITION OF OTHER RELATED PROJECT BENE-
FITS.—In this section, the term ‘‘other related project bene-
fits’’ includes— 
(1) environmental protection and restoration, in-
cluding restoration of water quality and water flows, 
improving movement of fish and other aquatic spe-
cies, and restoration of floodplains, wetlands, and es-
tuaries; 
(2) increased water supply storage (except for 
any project in the Apalachicola-Chattahoochee-Flint 
River system and the Alabama-Coosa-Tallapoosa 
River system); 
(3) increased hydropower generation; 
(4) reduced flood risk; 
(5) additional navigation; and
† HR 3080 EAS 
(6) improved recreation. 
(b) PROGRAM.— 
(1) IN GENERAL.—The Secretary may carry out 
activities— 
(A) to improve the efficiency of the oper-
ations and maintenance of dams and related in-
frastructure operated by the Corps of Engineers; 
and 
(B) to maximize, to the extent practicable— 
(i) authorized project purposes; and 
(ii) other related project benefits. 
(2) ELIGIBLE ACTIVITIES.—An eligible activity 
under this section is any activity that the Secretary 
would otherwise be authorized to carry out that is de-
signed to provide other related project benefits in a 
manner that does not adversely impact the authorized 
purposes of the project. 
(3) IMPACT ON AUTHORIZED PURPOSES.—An ac-
tivity carried out under this section shall not ad-
versely impact any of the authorized purposes of the 
project. 
(4) EFFECT.— 
(A) EXISTING
AGREEMENTS.—Nothing in 
this section—
† HR 3080 EAS 
(i) supersedes or modifies any written 
agreement between the Federal Government 
and a non-Federal interest that is in effect 
on the date of enactment of this Act; or 
(ii) supersedes or authorizes any 
amendment to a multistate water-control 
plan, including the Missouri River Master 
Water Control Manual (as in effect on the 
date of enactment of this Act). 
(B) WATER RIGHTS.—Nothing in this sec-
tion— 
(i) affects any water right in existence 
on the date of enactment of this Act; 
(ii) preempts or affects any State 
water law or interstate compact governing 
water; or 
(iii) affects any authority of a State, 
as in effect on the date of enactment of this 
Act, to manage water resources within that 
State. 
(5) OTHER LAWS.— 
(A) IN GENERAL.—An activity carried out 
under this section shall comply with all other 
applicable laws (including regulations).
† HR 3080 EAS 
(B) WATER SUPPLY.—Any activity carried 
out under this section that results in any modi-
fication to water supply storage allocations at a 
reservoir operated by the Secretary shall comply 
with section 301 of the Water Supply Act of 
1958 (43 U.S.C. 390b). 
(c) POLICIES, REGULATIONS, AND GUIDANCE.—The 
Secretary shall carry out a review of, and as necessary mod-
ify, the policies, regulations, and guidance of the Secretary 
to carry out the activities described in subsection (b). 
(d) COORDINATION.— 
(1) IN GENERAL.—The Secretary shall— 
(A) coordinate all planning and activities 
carried out under this section with appropriate 
Federal, State, and local agencies and those pub-
lic and private entities that the Secretary deter-
mines may be affected by those plans or activi-
ties; and 
(B) give priority to planning and activities 
under this section if the Secretary determines 
that— 
(i) the greatest opportunities exist for 
achieving the objectives of the program, as 
specified in subsection (b)(1), and
† HR 3080 EAS 
(ii) the coordination activities under 
this subsection indicate that there is support 
for carrying out those planning and activi-
ties. 
(2) NON-FEDERAL
INTERESTS.—Prior to car-
rying out an activity under this section, the Secretary 
shall consult with any applicable non-Federal interest 
of the affected dam or related infrastructure. 
(e) REPORTS.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act and every 2 years 
thereafter, the Secretary shall submit to Congress a 
report describing the actions carried out under this 
section. 
(2) INCLUSIONS.—Each report under paragraph 
(1) shall include— 
(A) a schedule for reviewing the operations 
of individual projects; and 
(B) any recommendations of the Secretary 
on changes that the Secretary determines to be 
necessary— 
(i) to carry out existing project author-
izations, including the deauthorization of 
any water resource project that the Sec-
† HR 3080 EAS 
retary determines could more effectively be 
achieved through other means; 
(ii) to improve the efficiency of water 
resource project operations; and 
(iii) to maximize authorized project 
purposes and other related project benefits. 
(3) UPDATED REPORT.— 
(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of this Act, the Sec-
retary shall update the report entitled ‘‘Author-
ized and Operating Purposes of Corps of Engi-
neers Reservoirs’’ and dated July 1992, which 
was produced pursuant to section 311 of the 
Water Resources Development Act of 1990 (104 
Stat. 4639). 
(B) INCLUSIONS.—The updated report de-
scribed in subparagraph (A) shall include— 
(i) the date on which the most recent 
review of project operations was conducted 
and any recommendations of the Secretary 
relating to that review the Secretary deter-
mines to be significant; and 
(ii) the dates on which the rec-
ommendations described in clause (i) were 
carried out.
† HR 3080 EAS 
(f) FUNDING.— 
(1) IN
GENERAL.—The Secretary may use to 
carry out this section amounts made available to the 
Secretary from— 
(A) the general purposes and expenses ac-
count; 
(B) the operations and maintenance ac-
count; and 
(C) any other amounts that are appro-
priated to carry out this section. 
(2) FUNDING FROM OTHER SOURCES.—The Sec-
retary may accept and expend amounts from non- 
Federal entities and other Federal agencies to carry 
out this section. 
(g) COOPERATIVE AGREEMENTS.—The Secretary may 
enter into cooperative agreements with other Federal agen-
cies and non-Federal entities to carry out this section. 
SEC. 2015. WATER SUPPLY. 
Section 301 of the Water Supply Act of 1958 (43 
U.S.C. 390b) is amended by adding at the end the following: 
‘‘(e) The Committees of jurisdiction are very concerned 
about the operation of projects in the Apalachicola-Chat-
tahoochee-Flint River System and the Alabama-Coosa- 
Tallapoosa River System, and further, the Committees of 
jurisdiction recognize that this ongoing water resources dis-
† HR 3080 EAS 
pute raises serious concerns related to the authority of the 
Secretary of the Army to allocate substantial storage at 
projects to provide local water supply pursuant to the Water 
Supply Act of 1958 absent congressional approval. Inter-
state water disputes of this nature are more properly ad-
dressed through interstate water agreements that take into 
consideration the concerns of all affected States including 
impacts to other authorized uses of the projects, water sup-
ply for communities and major cities in the region, water 
quality, freshwater flows to communities, rivers, lakes, estu-
aries, and bays located downstream of projects, agricultural 
uses, economic development, and other appropriate con-
cerns. To that end, the Committees of jurisdiction strongly 
urge the Governors of the affected States to reach agreement 
on an interstate water compact as soon as possible, and 
we pledge our commitment to work with the affected States 
to ensure prompt consideration and approval of any such 
agreement. Absent such action, the Committees of jurisdic-
tion should consider appropriate legislation to address these 
matters including any necessary clarifications to the Water 
Supply Act of 1958 or other law. This subsection does not 
alter existing rights or obligations under law.’’. 
SEC. 2016. REPORT ON WATER STORAGE PRICING FOR-
MULAS. 
(a) FINDINGS.—Congress finds that—
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(1) due to the ongoing drought in many parts of 
the United States, communities are looking for ways 
to enhance their water storage on Corps of Engineer 
reservoirs so as to maintain a reliable supply of 
water into the foreseeable future; 
(2) water storage pricing formulas should be eq-
uitable and not create disparities between users; and 
(3) water pricing formulas should not be cost- 
prohibitive for communities. 
(b) ASSESSMENT.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Comptroller 
General of the United States shall initiate an assess-
ment of the water storage pricing formulas of the 
Corps of Engineers, which shall include an assessment 
of— 
(A) existing water storage pricing formulas 
of the Corps of Engineers, in particular whether 
those formulas produce water storage costs for 
some beneficiaries that are greatly disparate 
from the costs of other beneficiaries; and 
(B) whether equitable water storage pricing 
formulas could lessen the disparate impact and 
produce more affordable water storage for poten-
tial beneficiaries.
† HR 3080 EAS 
(2) REPORT.—The Comptroller General of the 
United States shall submit to Congress a report on 
the assessment carried out under paragraph (1). 
SEC. 2017. CLARIFICATION OF PREVIOUSLY AUTHORIZED 
WORK. 
(a) IN GENERAL.—The Secretary may carry out meas-
ures to improve fish species habitat within the footprint and 
downstream of a water resources project constructed by the 
Secretary that includes a fish hatchery if the Secretary— 
(1) has been explicitly authorized to compensate 
for fish losses associated with the project; and 
(2) determines that the measures are— 
(A) feasible; 
(B) consistent with authorized project pur-
poses and the fish hatchery; and 
(C) in the public interest. 
(b) COST SHARING.— 
(1) IN GENERAL.—Subject to paragraph (2), the 
non-Federal interest shall contribute 35 percent of the 
total cost of carrying out activities under this section, 
including the costs relating to the provision or acqui-
sition of required land, easements, rights-of-way, 
dredged material disposal areas, and relocations. 
(2) OPERATION AND MAINTENANCE.—The non- 
Federal interest shall contribute 100 percent of the
† HR 3080 EAS 
costs of operation, maintenance, replacement, repair, 
and rehabilitation of a project constructed under this 
section. 
(c) AUTHORIZATION OF APPROPRIATIONS.—For each 
fiscal year, there is authorized to be appropriated to carry 
out this section $30,000,000. 
SEC. 2018. CONSIDERATION OF FEDERAL LAND IN FEASI-
BILITY STUDIES. 
At the request of the non-Federal interest, the Secretary 
shall include as part of a regional or watershed study any 
Federal land that is located within the geographic scope of 
that study. 
SEC. 2019. PLANNING ASSISTANCE TO STATES. 
Section 22 of the Water Resources Development Act of 
1974 (42 U.S.C. 1962d–16) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘or other stakeholder 
working with a State’’ after ‘‘cooperate with 
any State’’; and 
(ii) by inserting ‘‘, including plans to 
comprehensively address water resources 
challenges,’’ after ‘‘of such State’’; and 
(B) in paragraph (2)(A), by striking ‘‘, at 
Federal expense,’’;
† HR 3080 EAS 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘sub-
section (a)(1)’’ each place it appears and insert-
ing ‘‘subsection (a)’’; 
(B) by redesignating paragraphs (2) and 
(3) as paragraphs (3) and (4), respectively; and 
(C) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) CONTRIBUTED FUNDS.—The Secretary may 
accept and expend funds in excess of the fees estab-
lished under paragraph (1) that are provided by a 
State or other non-Federal public body for assistance 
under this section.’’ ; and 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking ‘‘$10,000,000’’ and in-
serting ‘‘$30,000,000’’; and 
(ii) by striking ‘‘$2,000,000’’ and in-
serting ‘‘$5,000,000 in Federal funds’’; and 
(B) 
in 
paragraph 
(2), 
by 
striking 
‘‘$5,000,000’’ and inserting ‘‘$15,000,000’’. 
SEC. 2020. VEGETATION MANAGEMENT POLICY. 
(a) DEFINITION OF NATIONAL GUIDELINES.—In this 
section, the term ‘‘national guidelines’’ means the Corps of
† HR 3080 EAS 
Engineers policy guidelines for management of vegetation 
on levees, including— 
(1) Engineering Technical Letter 1110–2–571 
entitled ‘‘Guidelines for Landscape Planting and 
Vegetation Management at Levees, Floodwalls, Em-
bankment Dams, and Appurtenant Structures’’ and 
adopted April 10, 2009; and 
(2) the draft policy guidance letter entitled 
‘‘Process for Requesting a Variance from Vegetation 
Standards for Levees and Floodwalls’’ (77 Fed. Reg. 
9637 (Feb. 17, 2012)). 
(b) REVIEW.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall carry out a 
comprehensive review of the national guidelines in order to 
determine whether current Federal policy relating to levee 
vegetation is appropriate for all regions of the United 
States. 
(c) FACTORS.— 
(1) IN GENERAL.—In carrying out the review, 
the Secretary shall consider— 
(A) the varied interests and responsibilities 
in managing flood risks, including the need— 
(i) to provide for levee safety with lim-
ited resources; and
† HR 3080 EAS 
(ii) to ensure that levee safety invest-
ments minimize environmental impacts and 
provide corresponding public safety benefits; 
(B) the levee safety benefits that can be pro-
vided by woody vegetation; 
(C) the preservation, protection, and en-
hancement of natural resources, including— 
(i) the benefit of vegetation on levees in 
providing habitat for endangered, threat-
ened, and candidate species; and 
(ii) the impact of removing levee vege-
tation on compliance with other regulatory 
requirements; 
(D) protecting the rights of Indian tribes 
pursuant to treaties and statutes; 
(E) the available science and the historical 
record regarding the link between vegetation on 
levees and flood risk; 
(F) the avoidance of actions requiring sig-
nificant economic costs and environmental im-
pacts; and 
(G) other factors relating to the factors de-
scribed in subparagraphs (A) through (F) identi-
fied in public comments that the Secretary deter-
mines to be appropriate.
† HR 3080 EAS 
(2) VARIANCE CONSIDERATIONS.— 
(A) IN GENERAL.—In carrying out the re-
view, the Secretary shall specifically consider 
whether the national guidelines can be amended 
to promote and allow for consideration of 
variances from national guidelines on a State-
wide, tribal, regional, or watershed basis, includ-
ing variances based on— 
(i) soil conditions; 
(ii) hydrologic factors; 
(iii) vegetation patterns and character-
istics; 
(iv) environmental resources, including 
endangered, threatened, or candidate species 
and related regulatory requirements; 
(v) levee performance history, includ-
ing historical information on original con-
struction and subsequent operation and 
maintenance activities; 
(vi) any effects on water supply; 
(vii) any scientific evidence on the link 
between levee vegetation and levee safety; 
(viii) institutional considerations, in-
cluding implementation challenges;
† HR 3080 EAS 
(ix) the availability of limited funds 
for levee construction and rehabilitation; 
(x) the economic and environmental 
costs of removing woody vegetation on lev-
ees; and 
(xi) other relevant factors identified in 
public comments that the Secretary deter-
mines to be appropriate. 
(B) SCOPE.—The scope of a variance ap-
proved by the Secretary may include a complete 
exemption to national guidelines, as the Sec-
retary determines to be necessary. 
(d) COOPERATION AND CONSULTATION; RECOMMENDA-
TIONS.— 
(1) IN GENERAL.—The Secretary shall carry out 
the review under this section in consultation with 
other applicable Federal agencies, representatives of 
State, regional, local, and tribal governments, appro-
priate nongovernmental organizations, and the pub-
lic. 
(2) RECOMMENDATIONS.—The Chief of Engineers 
and any State, tribal, regional, or local entity may 
submit to the Secretary any recommendations for 
vegetation management policies for levees that con-
form with Federal and State laws, including rec-
† HR 3080 EAS 
ommendations relating to the review of national 
guidelines under subsection (b) and the consideration 
of variances under subsection (c)(2). 
(e) PEER REVIEW.— 
(1) IN GENERAL.—As part of the review, the Sec-
retary shall solicit and consider the views of the Na-
tional Academy of Engineering and the National 
Academy of Sciences on the engineering, environ-
mental, and institutional considerations underlying 
the national guidelines, including the factors de-
scribed in subsection (c) and any information ob-
tained by the Secretary under subsection (d). 
(2) AVAILABILITY OF VIEWS.—The views of the 
National Academy of Engineering and the National 
Academy of Sciences obtained under paragraph (1) 
shall be— 
(A) made available to the public; and 
(B) included in supporting materials issued 
in connection with the revised national guide-
lines required under subsection (f). 
(f) REVISION OF NATIONAL GUIDELINES.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Secretary 
shall—
† HR 3080 EAS 
(A) revise the national guidelines based on 
the results of the review, including— 
(i) recommendations received as part 
of the consultation described in subsection 
(d)(1); and 
(ii) the results of the peer review con-
ducted under subsection (e); and 
(B) submit to Congress a report that con-
tains a summary of the activities of the Sec-
retary and a description of the findings of the 
Secretary under this section. 
(2) CONTENT; INCORPORATION INTO MANUAL.— 
The revised national guidelines shall— 
(A) provide a practical, flexible process for 
approving Statewide, tribal, regional, or water-
shed variances from the national guidelines 
that— 
(i) reflect due consideration of the fac-
tors described in subsection (c); and 
(ii) incorporate State, tribal, and re-
gional vegetation management guidelines 
for specific areas that have been adopted 
through a formal public process; and 
(B) be incorporated into the manual pro-
posed under section 5(c) of the Act entitled ‘‘An
† HR 3080 EAS 
Act authorizing the construction of certain pub-
lic works on rivers and harbors for flood control, 
and for other purposes’’, approved August 18, 
1941 (33 U.S.C. 701n(c)). 
(3) FAILURE TO MEET DEADLINES.—If the Sec-
retary fails to submit a report by the required dead-
line under this subsection, the Secretary shall submit 
to the Committee on Environment and Public Works 
of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives a 
detailed explanation of— 
(A) why the deadline was missed; 
(B) solutions needed to meet the deadline; 
and 
(C) a projected date for submission of the 
report. 
(g) CONTINUATION OF WORK.—Concurrent with the 
completion of the requirements of this section, the Secretary 
shall proceed without interruption or delay with those ongo-
ing or programmed projects and studies, or elements of 
projects or studies, that are not directly related to vegetation 
variance policy. 
(h) INTERIM ACTIONS.— 
(1) IN GENERAL.—Until the date on which revi-
sions to the national guidelines are adopted in ac-
† HR 3080 EAS 
cordance with subsection (f), the Secretary shall not 
require the removal of existing vegetation as a condi-
tion or requirement for any approval or funding of 
a project, or any other action, unless the specific vege-
tation has been demonstrated to present an unaccept-
able safety risk. 
(2) REVISIONS.—Beginning on the date on which 
the revisions to the national guidelines are adopted in 
accordance with subsection (f), the Secretary shall 
consider, on request of an affected entity, any pre-
vious action of the Corps of Engineers in which the 
outcome was affected by the former national guide-
lines. 
SEC. 2021. LEVEE CERTIFICATIONS. 
(a) IMPLEMENTATION OF FLOOD PROTECTION STRUC-
TURE ACCREDITATION TASK FORCE.—In carrying out sec-
tion 100226 of the Biggert-Waters Flood Insurance Reform 
Act of 2012 (42 U.S.C. 4101 note; 126 Stat. 942), the Sec-
retary shall— 
(1) ensure that at least 1 program activity car-
ried out under the inspection of completed works pro-
gram of the Corps of Engineers provides adequate in-
formation to the Secretary to reach a levee accredita-
tion decision for each requirement under section 65.10
† HR 3080 EAS 
of title 44, Code of Federal Regulations (or successor 
regulation); and 
(2) to the maximum extent practicable, carry out 
activities under the inspection of completed works 
program of the Corps of Engineers in alignment with 
the schedule established for the national flood insur-
ance program established under chapter 1 of the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 4011 
et seq.). 
(b) ACCELERATED LEVEE SYSTEM EVALUATIONS AND 
CERTIFICATIONS.— 
(1) IN GENERAL.—On receipt of a request from 
a non-Federal interest, the Secretary may carry out 
a levee system evaluation and certification of a feder-
ally authorized levee for purposes of the national flood 
insurance program established under chapter 1 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 
4011 et seq.) if the evaluation and certification will 
be carried out earlier than such an evaluation and 
certification would be carried out under subsection 
(a). 
(2) REQUIREMENTS.—A levee system evaluation 
and certification under paragraph (1) shall— 
(A) at a minimum, comply with section 
65.10 of title 44, Code of Federal Regulations (as
† HR 3080 EAS 
in effect on the date of enactment of this Act); 
and 
(B) be carried out in accordance with such 
procedures as the Secretary, in consultation with 
the Director of the Federal Emergency Manage-
ment Agency, may establish. 
(3) COST SHARING.— 
(A) NON-FEDERAL SHARE.—Subject to sub-
paragraph (B), the non-Federal share of the cost 
of carrying out a levee system evaluation and 
certification under this subsection shall be 35 
percent. 
(B) ADJUSTMENT.—The Secretary shall ad-
just the non-Federal share of the cost of carrying 
out a levee system evaluation and certification 
under this subsection in accordance with section 
103(m) of the Water Resources Development Act 
of 1986 (33 U.S.C. 2213(m)). 
(4) APPLICATION.—Nothing in this subsection af-
fects 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).
† HR 3080 EAS 
SEC. 2022. RESTORATION OF FLOOD AND HURRICANE 
STORM DAMAGE REDUCTION PROJECTS. 
(a) IN GENERAL.—The Secretary shall carry out any 
measures necessary to repair or restore federally authorized 
flood and hurricane and storm damage reduction projects 
constructed by the Corps of Engineers to authorized levels 
(as of the date of enactment of this Act) of protection for 
reasons including settlement, subsidence, sea level rise, and 
new datum, if the Secretary determines the necessary work 
is technically feasible, environmentally acceptable, and eco-
nomically justified. 
(b) COST SHARE.—The non-Federal share of the cost 
of construction of a project carried out under this section 
shall be determined as provided in subsections (a) through 
(d) of section 103 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2213). 
(c) OPERATIONS AND MAINTENANCE.—The non-Fed-
eral share of the cost of operations, maintenance, repair, 
replacement, and rehabilitation for a project carried out 
under this section shall be 100 percent. 
(d) ELIGIBILITY OF PROJECTS TRANSFERRED TO NON- 
FEDERAL INTEREST.—The Secretary may carry out meas-
ures described in subsection (a) on a water resources project, 
separable element of a project, or functional component of 
a project that has been transferred to the non-Federal inter-
est.
† HR 3080 EAS 
(e) REPORT TO CONGRESS.—Not later than 8 years 
after the date of enactment of this Act, the Secretary shall 
submit to the Committee on Environment and Public Works 
of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report on 
the implementation of this section, including— 
(1) any recommendations relating to the contin-
ued need for the authority provided in this section; 
(2) a description of the measures carried out 
under this section; 
(3) any lessons learned relating to the measures 
implemented under this section; and 
(4) best practices for carrying out measures to 
restore flood and hurricane and storm damage reduc-
tion projects. 
(f) TERMINATION OF AUTHORITY.—The authority to 
carry out a measure under this section terminates on the 
date that is 10 years after the date of enactment of this 
Act. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry out 
this section $250,000,000.
† HR 3080 EAS 
SEC. 2023. OPERATION AND MAINTENANCE OF CERTAIN 
PROJECTS. 
The Secretary may assume operation and mainte-
nance activities for a navigation channel that is deepened 
by a non-Federal interest prior to December 31, 2012, if— 
(1) the Secretary determines that the require-
ments under paragraphs (2) and (3) of section 204(f) 
of the Water Resources Development Act of 1986 (33 
U.S.C. 2232(f)) are met; 
(2) the Secretary determines that the activities 
carried out by the non-Federal interest in deepening 
the navigation channel are economically justified and 
environmentally acceptable; and 
(3) the deepening activities have been carried out 
on a Federal navigation channel that— 
(A) exists as of the date of enactment of this 
Act; and 
(B) has been authorized by Congress. 
SEC. 2024. DREDGING STUDY. 
(a) IN GENERAL.—The Secretary, in conjunction with 
other relevant Federal agencies and applicable non-Federal 
interests, shall carry out a study— 
(1) to compare domestic and international 
dredging markets, including costs, technologies, and 
management approaches used in each respective mar-
† HR 3080 EAS 
ket, and determine the impacts of those markets on 
dredging needs and practices in the United States; 
(2) to analyze past and existing practices, tech-
nologies, and management approaches used in dredg-
ing in the United States; and 
(3) to develop recommendations relating to the 
best techniques, practices, and management ap-
proaches for dredging in the United States. 
(b) PURPOSES.—The purposes of the study under this 
section are— 
(1) the identification of the best techniques, 
methods, and technologies for dredging, including the 
evaluation of the feasibility, cost, and benefits of— 
(A) new dredging technologies; and 
(B) improved dredging practices and tech-
niques; 
(2) the appraisal of the needs of the United 
States for dredging, including the need to increase the 
size of private and Corps of Engineers dredging fleets 
to meet demands for additional construction or main-
tenance dredging needed as of the date of enactment 
of this Act and in the subsequent 20 years; 
(3) the identification of any impediments to 
dredging, including any recommendations of appro-
† HR 3080 EAS 
priate alternatives for responding to those impedi-
ments; 
(4) the assessment, including any recommenda-
tions of appropriate alternatives, of the adequacy and 
effectiveness of— 
(A) the economic, engineering, and environ-
mental methods, models, and analyses used by 
the Chief of Engineers and private dredging op-
erations for dredging; and 
(B) the current cost structure of construc-
tion contracts entered into by the Chief of Engi-
neers; 
(5) the evaluation of the efficiency and effective-
ness of past, current, and alternative dredging prac-
tices and alternatives to dredging, including agitation 
dredging; and 
(6) the identification of innovative techniques 
and cost-effective methods to expand regional sedi-
ment management efforts, including the placement of 
dredged sediment within river diversions to accelerate 
the creation of wetlands. 
(c) STUDY TEAM.— 
(1) IN GENERAL.—The Secretary shall establish 
a study team to assist the Secretary in planning, car-
† HR 3080 EAS 
rying out, and reporting on the results of the study 
under this section. 
(2) STUDY TEAM.—The study team established 
pursuant to paragraph (1) shall— 
(A) be appointed by the Secretary; and 
(B) represent a broad spectrum of experts 
in the field of dredging and representatives of 
relevant State agencies and relevant non-Federal 
interests. 
(d) PUBLIC
COMMENT
PERIOD.—The Secretary 
shall— 
(1) make available to the public, including on 
the Internet, all draft and final study findings under 
this section; and 
(2) allow for a public comment period of not less 
than 30 days on any draft study findings prior to 
issuing final study findings. 
(e) REPORT TO CONGRESS.—Not later than 2 years 
after the date of enactment of this Act, and subject to avail-
able appropriations, the Secretary, in consultation with the 
study team established under subsection (c), shall submit 
a detailed report on the results of the study to the Com-
mittee on Environment and Public Works of the Senate and 
the Committee on Transportation and Infrastructure of the 
House of Representatives.
† HR 3080 EAS 
(f) FAILURE TO MEET DEADLINES.—If the Secretary 
does not complete the study under this section and submit 
a report to Congress under subsection (e) on or before the 
deadline described in that subsection, the Secretary shall 
notify Congress and describe why the study was not com-
pleted. 
SEC. 
2025. 
NON-FEDERAL 
PROJECT 
IMPLEMENTATION 
PILOT PROGRAM. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary shall establish 
and implement a pilot program to evaluate the cost-effec-
tiveness and project delivery efficiency of allowing non-Fed-
eral interests to carry out flood risk management, hurricane 
and storm damage reduction, coastal harbor and channel 
inland navigation, and aquatic ecosystem restoration 
projects. 
(b) PURPOSES.—The purposes of the pilot program 
are— 
(1) to identify project delivery and cost-saving 
alternatives that reduce the backlog of authorized 
Corps of Engineers projects; 
(2) to evaluate the technical, financial, and orga-
nizational efficiencies of a non-Federal interest car-
rying out the design, execution, management, and 
construction of 1 or more projects; and
† HR 3080 EAS 
(3) to evaluate alternatives for the decentraliza-
tion of the project management, design, and construc-
tion for authorized Corps of Engineers water re-
sources projects. 
(c) ADMINISTRATION.— 
(1) IN GENERAL.—In carrying out the pilot pro-
gram, the Secretary shall— 
(A) identify a total of not more than 15 
projects for flood risk management, hurricane 
and storm damage reduction (including levees, 
floodwalls, flood control channels, and water con-
trol structures), coastal harbor and channels, in-
land navigation, and aquatic ecosystem restora-
tion that have been authorized for construction 
prior to the date of enactment of this Act, in-
cluding— 
(i) not more than 12 projects that— 
(I)(aa) 
have 
received 
Federal 
funds prior to the date of enactment of 
this Act; or 
(bb) for more than 2 consecutive 
fiscal years, have an unobligated fund-
ing balance for that project in the 
Corps of Engineers construction ac-
count; and
† HR 3080 EAS 
(II) to the maximum extent prac-
ticable, are located in each of the divi-
sions of the Corps of Engineers; and 
(ii) not more than 3 projects that have 
not received Federal funds in the period be-
ginning on the date on which the project 
was authorized and ending on the date of 
enactment of this Act; 
(B) notify the Committee on Environment 
and Public Works of the Senate and the Com-
mittee on Transportation and Infrastructure of 
the House of Representatives on the identifica-
tion of each project under the pilot program; 
(C) in collaboration with the non-Federal 
interest, develop a detailed project management 
plan for each identified project that outlines the 
scope, budget, design, and construction resource 
requirements necessary for the non-Federal inter-
est to execute the project, or a separable element 
of the project; 
(D) on the request of the non-Federal inter-
est, enter into a project partnership agreement 
with the non-Federal interest for the non-Federal 
interest to provide full project management con-
trol for construction of the project, or a separable
† HR 3080 EAS 
with the plans approved by the Secretary and 
that the construction costs are reasonable. 
(2) DETAILED PROJECT SCHEDULE.—Not later 
than 180 days after entering into an agreement under 
paragraph (1)(D), each non-Federal interest, to the 
maximum extent practicable, shall submit to the Sec-
retary a detailed project schedule, based on estimated 
funding levels, that lists all deadlines for each mile-
stone in the construction of the project. 
(3) TECHNICAL ASSISTANCE.—On the request of 
a non-Federal interest, the Secretary may provide 
technical assistance to the non-Federal interest, if the 
non-Federal interest contracts with and compensates 
the Secretary for the technical assistance relating to— 
(A) any study, engineering activity, and de-
sign activity for construction carried out by the 
non-Federal interest under this section; and 
(B) expeditiously obtaining any permits 
necessary for the project. 
(d) COST-SHARE.—Nothing in this section affects the 
cost-sharing requirement applicable on the day before the 
date of enactment of this Act to a project carried out under 
this section. 
(e) REPORT.—
† HR 3080 EAS 
(1) IN GENERAL.—Not later than 3 years after 
the date of enactment of this Act, the Secretary shall 
submit to the Committee on Environment and Public 
Works of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives a report detailing the results of the pilot pro-
gram carried out under this section, including— 
(A) a description of the progress of non-Fed-
eral interests in meeting milestones in detailed 
project schedules developed pursuant to sub-
section (c)(2); and 
(B) any recommendations of the Secretary 
concerning whether the program or any compo-
nent of the program should be implemented on a 
national basis. 
(2) UPDATE.—Not later than 5 years after the 
date of enactment of this Act, the Secretary shall sub-
mit to the Committee on Environment and Public 
Works of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives an update of the report described in paragraph 
(1). 
(3) FAILURE TO MEET DEADLINE.—If the Sec-
retary fails to submit a report by the required dead-
line under this subsection, the Secretary shall submit
† HR 3080 EAS 
to the Committee on Environment and Public Works 
of the Senate and the Committee on Transportation 
Infrastructure of the House of Representatives a de-
tailed explanation of why the deadline was missed 
and a projected date for submission of the report. 
(f) ADMINISTRATION.—All laws and regulations that 
would apply to the Secretary if the Secretary were carrying 
out the project shall apply to a non-Federal interest car-
rying out a project under this section. 
(g) TERMINATION OF AUTHORITY.—The authority to 
commence a project under this section terminates on the 
date that is 5 years after the date of enactment of this Act. 
(h) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to any amounts appropriated for a specific project, 
there is authorized to be appropriated to the Secretary to 
carry out the pilot program under this section, including 
the costs of administration of the Secretary, $25,000,000 for 
each of fiscal years 2014 through 2018. 
SEC. 2026. NON-FEDERAL IMPLEMENTATION OF FEASI-
BILITY STUDIES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary shall establish 
and implement a pilot program to evaluate the cost-effec-
tiveness and project delivery efficiency of allowing non-Fed-
eral interests to carry out feasibility studies for flood risk
† HR 3080 EAS 
management, hurricane and storm damage reduction, 
aquatic ecosystem restoration, and coastal harbor and chan-
nel and inland navigation. 
(b) PURPOSES.—The purposes of the pilot program 
are— 
(1) to identify project delivery and cost-saving 
alternatives to the existing feasibility study process; 
(2) to evaluate the technical, financial, and orga-
nizational efficiencies of a non-Federal interest car-
rying out a feasibility study of 1 or more projects; 
and 
(3) to evaluate alternatives for the decentraliza-
tion of the project planning, management, and oper-
ational decisionmaking process of the Corps of Engi-
neers. 
(c) ADMINISTRATION.— 
(1) IN GENERAL.—On the request of a non-Fed-
eral interest, the Secretary may enter into an agree-
ment with the non-Federal interest for the non-Fed-
eral interest to provide full project management con-
trol of a feasibility study for a project for— 
(A) flood risk management; 
(B) hurricane and storm damage reduction, 
including levees, floodwalls, flood control chan-
nels, and water control structures;
† HR 3080 EAS 
(C) coastal harbor and channel and inland 
navigation; and 
(D) aquatic ecosystem restoration. 
(2) USE OF NON-FEDERAL-FUNDS.— 
(A) IN GENERAL.—A non-Federal interest 
that has entered into an agreement with the Sec-
retary pursuant to paragraph (1) may use non- 
Federal funds to carry out the feasibility study. 
(B) CREDIT.—The Secretary shall credit to-
wards the non-Federal share of the cost of con-
struction of a project for which a feasibility 
study is carried out under this section an 
amount equal to the portion of the cost of devel-
oping the study that would have been the respon-
sibility of the Secretary, if the study were car-
ried out by the Secretary, subject to the condi-
tions that— 
(i) non-Federal funds were used to 
carry out the activities that would have 
been the responsibility of the Secretary; 
(ii) the Secretary determines that the 
feasibility study complies with all applica-
ble Federal laws and regulations; and 
(iii) the project is authorized by any 
provision of Federal law enacted after the
† HR 3080 EAS 
date on which an agreement is entered into 
under paragraph (1). 
(3) TRANSFER OF FUNDS.— 
(A) IN GENERAL.—After the date on which 
an agreement is executed pursuant to paragraph 
(1), the Secretary may transfer to the non-Fed-
eral interest to carry out the feasibility study— 
(i) if applicable, the balance of any 
unobligated amounts appropriated for the 
study, except that the Secretary shall retain 
sufficient amounts for the Corps of Engi-
neers to carry out any responsibilities of the 
Corps of Engineers relating to the project 
and pilot program; and 
(ii) additional amounts, as determined 
by the Secretary, from amounts made avail-
able under subsection (h), except that the 
total amount transferred to the non-Federal 
interest shall not exceed the updated esti-
mate of the Federal share of the cost of the 
feasibility study. 
(B) ADMINISTRATION.—The Secretary shall 
include such provisions as the Secretary deter-
mines to be necessary in an agreement under 
paragraph (1) to ensure that a non-Federal in-
† HR 3080 EAS 
terest receiving Federal funds under this para-
graph— 
(i) has the necessary qualifications to 
administer those funds; and 
(ii) will comply with all applicable 
Federal laws (including regulations) relat-
ing to the use of those funds. 
(4) NOTIFICATION.—The Secretary shall notify 
the Committee on Environment and Public Works of 
the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives on the 
initiation of each feasibility study under the pilot 
program. 
(5) AUDITING.—The Secretary shall regularly 
monitor and audit each feasibility study carried out 
by a non-Federal interest under this section to ensure 
that the use of any funds transferred under para-
graph (3) are used in compliance with the agreement 
signed under paragraph (1). 
(6) TECHNICAL ASSISTANCE.—On the request of 
a non-Federal interest, the Secretary may provide 
technical assistance to the non-Federal interest relat-
ing to any aspect of the feasibility study, if the non- 
Federal interest contracts with the Secretary for the
† HR 3080 EAS 
technical assistance and compensates the Secretary for 
the technical assistance. 
(7) DETAILED PROJECT SCHEDULE.—Not later 
than 180 days after entering into an agreement under 
paragraph (1), each non-Federal interest, to the max-
imum extent practicable, shall submit to the Sec-
retary a detailed project schedule, based on full fund-
ing capability, that lists all deadlines for milestones 
relating to the feasibility study. 
(d) COST-SHARE.—Nothing in this section affects the 
cost-sharing requirement applicable on the day before the 
date of enactment of this Act to a feasibility study carried 
out under this section. 
(e) REPORT.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Secretary shall 
submit to the Committee on Environment and Public 
Works of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives a report detailing the results of the pilot pro-
gram carried out under this section, including— 
(A) a description of the progress of the non- 
Federal interests in meeting milestones in de-
tailed project schedules developed pursuant to 
subsection (c)(7); and
† HR 3080 EAS 
(B) any recommendations of the Secretary 
concerning whether the program or any compo-
nent of the program should be implemented on a 
national basis. 
(2) UPDATE.—Not later than 5 years after the 
date of enactment of this Act, the Secretary shall sub-
mit to the Committee on Environment and Public 
Works of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives an update of the report described in paragraph 
(1). 
(3) FAILURE TO MEET DEADLINE.—If the Sec-
retary fails to submit a report by the required dead-
line under this subsection, the Secretary shall submit 
to the Committee on Environment and Public Works 
of the Senate and the Committee on Transportation 
Infrastructure of the House of Representatives a de-
tailed explanation of why the deadline was missed 
and a projected date for submission of the report. 
(f) ADMINISTRATION.—All laws and regulations that 
would apply to the Secretary if the Secretary were carrying 
out the feasibility study shall apply to a non-Federal inter-
est carrying out a feasibility study under this section. 
(g) TERMINATION OF AUTHORITY.—The authority to 
commence a feasibility study under this section terminates
† HR 3080 EAS 
on the date that is 5 years after the date of enactment of 
this Act. 
(h) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to any amounts appropriated for a specific project, 
there is authorized to be appropriated to the Secretary to 
carry out the pilot program under this section, including 
the costs of administration of the Secretary, $25,000,000 for 
each of fiscal years 2014 through 2018. 
SEC. 2027. TRIBAL PARTNERSHIP PROGRAM. 
Section 203 of the Water Resources Development Act 
of 2000 (33 U.S.C. 2269) is amended— 
(1) in subsection (d)(1)(B)— 
(A) by striking ‘‘The ability’’ and inserting 
the following: 
‘‘(i) IN GENERAL.—The ability’’; and 
(B) by adding at the end the following: 
‘‘(ii) DETERMINATION.—Not later than 
180 days after the date of enactment of the 
Water Resources Development Act of 2013, 
the Secretary shall issue guidance on the 
procedures described in clause (i).’’; and 
(2) in subsection (e), by striking ‘‘2012’’ and in-
serting ‘‘2023’’.
† HR 3080 EAS 
SEC. 2028. COOPERATIVE AGREEMENTS WITH COLUMBIA 
RIVER BASIN INDIAN TRIBES. 
The Secretary may enter into a cooperative agreement 
with 1 or more federally recognized Indian tribes (or a des-
ignated representative of the Indian tribes) that are located, 
in whole or in part, within the boundaries of the Columbia 
River Basin to carry out authorized activities within the 
Columbia River Basin to protect fish, wildlife, water qual-
ity, and cultural resources. 
SEC. 2029. MILITARY MUNITIONS RESPONSE ACTIONS AT 
CIVIL 
WORKS 
SHORELINE 
PROTECTION 
PROJECTS. 
(a) IN GENERAL.—The Secretary may implement any 
response action the Secretary determines to be necessary at 
a site where— 
(1) the Secretary has carried out a project under 
civil works authority of the Secretary that includes 
placing sand on a beach; 
(2) as a result of the project described in para-
graph (1), military munitions that were originally 
released as a result of Department of Defense activi-
ties are deposited on the beach, posing a threat to 
human health or the environment. 
(b) RESPONSE ACTION FUNDING.—A response action 
described in subsection (a) shall be funded from amounts
† HR 3080 EAS 
made available to the agency within the Department of De-
fense responsible for the original release of the munitions. 
SEC. 2030. BEACH NOURISHMENT. 
Section 156 of the Water Resources Development Act 
of 1976 (42 U.S.C. 1962d–5f) is amended to read as follows: 
‘‘SEC. 156. BEACH NOURISHMENT. 
‘‘(a) IN GENERAL.—Subject to subsection (b)(2)(A), 
the Secretary of the Army, acting through the Chief of Engi-
neers, may provide periodic beach nourishment for each 
water resources development project for which that nourish-
ment has been authorized for an additional period of time, 
as determined by the Secretary, subject to the condition that 
the additional period shall not exceed the later of— 
‘‘(1) 50 years after the date on which the con-
struction of the project is initiated; or 
‘‘(2) the date on which the last estimated peri-
odic nourishment for the project is to be carried out, 
as recommended in the applicable report of the Chief 
of Engineers. 
‘‘(b) EXTENSION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), before the date on which the 50-year period 
referred to in subsection (a)(1) expires, the Secretary 
of the Army, acting through the Chief of Engineers—
† HR 3080 EAS 
‘‘(A) may, at the request of the non-Federal 
interest and subject to the availability of appro-
priations, carry out a review of a nourishment 
project carried out under subsection (a) to evalu-
ate the feasibility of continuing Federal partici-
pation in the project for a period not to exceed 
15 years; and 
‘‘(B) shall submit to Congress any rec-
ommendations of the Secretary relating to the re-
view. 
‘‘(2) PLAN FOR REDUCING RISK TO PEOPLE AND 
PROPERTY.— 
‘‘(A) IN GENERAL.—The non-Federal inter-
est shall submit to the Secretary a plan for re-
ducing the risk to people and property during 
the life of the project. 
‘‘(B) INCLUSION
IN
REPORT
TO
CON-
GRESS.—The Secretary shall submit to Congress 
the plan described in subparagraph (A) with the 
recommendations 
submitted 
in 
paragraph 
(1)(B). 
‘‘(3) REVIEW COMMENCED WITHIN 2 YEARS OF 
EXPIRATION OF 50-YEAR PERIOD.— 
‘‘(A) IN GENERAL.—If the Secretary of the 
Army commences a review under paragraph (1)
† HR 3080 EAS 
not earlier than the period beginning on the date 
that is 2 years before the date on which the 50- 
year period referred to in subsection (a)(1) ex-
pires and ending on the date on which the 50- 
year period expires, the project shall remain au-
thorized after the expiration of the 50-year pe-
riod until the earlier of— 
‘‘(i) 3 years after the expiration of the 
50-year period; or 
‘‘(ii) the date on which a determina-
tion is made as to whether to extend Fed-
eral participation in the project in accord-
ance with paragraph (1). 
‘‘(B) CALCULATION OF TIME PERIOD FOR 
EXTENSION.—Notwithstanding clauses (i) and 
(ii) of subparagraph (A) and after a review 
under subparagraph (A) is completed, if a deter-
mination is made to extend Federal participa-
tion in the project in accordance with paragraph 
(1) for a period not to exceed 15 years, that pe-
riod shall begin on the date on which the deter-
mination is made.’’.
† HR 3080 EAS 
SEC. 2031. REGIONAL SEDIMENT MANAGEMENT. 
Section 204 of the Water Resources Development Act 
of 1992 (33 U.S.C. 2326) (as amended by section 2003(c)) 
is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘or used 
in’’ after ‘‘obtained through’’; and 
(B) in paragraph (3)(C), by inserting ‘‘for 
the purposes of improving environmental condi-
tions in marsh and littoral systems, stabilizing 
stream channels, enhancing shorelines, and sup-
porting State and local risk management adap-
tation strategies’’ before the period at the end; 
(2) in subsection (c)(1)(B)— 
(A) in clause (i), by striking ‘‘clause (ii)’’ 
and inserting ‘‘clauses (ii) and (iii)’’; 
(B) by redesignating clause (ii) as clause 
(iii); and 
(C) by inserting after clause (i) the fol-
lowing: 
‘‘(ii) REDUCTION
IN
NON-FEDERAL 
SHARE.—The Secretary may reduce the 
non-Federal share of the costs of construc-
tion of a project if the Secretary determines 
that, through the beneficial use of sediment 
at another Federal project, there will be an
† HR 3080 EAS 
associated reduction or avoidance of Federal 
costs.’’; 
(3) in subsection (d)— 
(A) by striking the subsection designation 
and heading and inserting the following: 
‘‘(d) SELECTION OF DREDGED MATERIAL DISPOSAL 
METHOD FOR PURPOSES RELATED TO ENVIRONMENTAL 
RESTORATION OR STORM DAMAGE AND FLOOD REDUC-
TION.—’’; and 
(B) in paragraph (1), by striking ‘‘in rela-
tion to’’ and all that follows through the period 
at the end and inserting ‘‘in relation to— 
‘‘(A) the environmental benefits, including 
the benefits to the aquatic environment to be de-
rived from the creation of wetlands and control 
of shoreline erosion; or 
‘‘(B) the flood and storm damage and flood 
reduction benefits, including shoreline protection, 
protection against loss of life, and damage to im-
proved property.’’; and 
(4) in subsection (e), by striking paragraph (1) 
and inserting the following: 
‘‘(1) cooperate with any State or group of States 
in the preparation of a comprehensive State or re-
† HR 3080 EAS 
gional sediment management plan within the bound-
aries of the State or among States;’’. 
SEC. 2032. STUDY ACCELERATION. 
(a) FINDINGS.—Congress finds that— 
(1) delays in the completion of feasibility stud-
ies— 
(A) increase costs for the Federal Govern-
ment as well as State and local governments; 
and 
(B) delay the implementation of water re-
sources projects that provide critical benefits, in-
cluding reducing flood risk, maintaining com-
mercially important flood risk, and restoring 
vital ecosystems; and 
(2) the efforts undertaken by the Corps of Engi-
neers through the establishment of the ‘‘3–3–3’’ plan-
ning process should be continued. 
(b) ACCELERATION OF STUDIES.— 
(1) IN GENERAL.—Subject to paragraphs (2) and 
(3), a feasibility study initiated after the date of en-
actment of this Act shall— 
(A) be completed not later than 3 years 
after the date of initiation of the study; and 
(B) have a maximum Federal cost share of 
$3,000,000.
† HR 3080 EAS 
(2) ABILITY TO COMPLY.—On initiating a feasi-
bility study under paragraph (1), the Secretary 
shall— 
(A) certify that the study will comply with 
the requirements of paragraph (1); 
(B) for projects the Secretary determines to 
be too complex to comply with the requirements 
of paragraph (1)— 
(i) not less than 30 days after making 
a determination, notify the non-Federal in-
terest regarding the inability to comply; 
and 
(ii) provide a new projected timeline 
and cost; and 
(C) if the study conditions have changed 
such that scheduled timelines or study costs will 
not be met— 
(i) not later than 30 days after the 
study conditions change, notify the non- 
Federal interest of those changed conditions; 
and 
(ii) present the non-Federal interest 
with a new timeline for completion and new 
projected study costs. 
(3) APPROPRIATIONS.—
100 
† HR 3080 EAS 
(A) IN
GENERAL.—All timeline and cost 
conditions under this section shall be subject to 
the Secretary receiving adequate appropriations 
for meeting study timeline and cost require-
ments. 
(B) NOTIFICATION.—Not later than 60 days 
after receiving appropriations, the Secretary 
shall notify the non-Federal interest of any 
changes to timelines or costs due to inadequate 
appropriations. 
(c) REPORT.—Not later than 18 months after the date 
of enactment of this Act and each year thereafter, the Sec-
retary shall submit to the Committee on Environment and 
Public Works of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
a report that describes— 
(1) the status of the implementation of the ‘‘3– 
3–3’’ planning process, including the number of par-
ticipating projects; 
(2) the amount of time taken to complete all 
studies participating in the ‘‘3–3–3’’ planning proc-
ess; and 
(3) any recommendations for additional author-
ity necessary to support efforts to expedite the feasi-
bility study process for water resource projects.
101 
† HR 3080 EAS 
SEC. 2033. PROJECT ACCELERATION. 
Section 2045 of the Water Resources Development Act 
of 2007 (33 U.S.C. 2348) is amended to read as follows: 
‘‘SEC. 2045. PROJECT ACCELERATION. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ENVIRONMENTAL IMPACT STATEMENT.—The 
term ‘environmental impact statement’ means the de-
tailed statement of environmental impacts of water 
resource projects required to be prepared pursuant to 
the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
‘‘(2) ENVIRONMENTAL REVIEW PROCESS.— 
‘‘(A) IN
GENERAL.—The term ‘environ-
mental review process’ means the process of pre-
paring an environmental impact statement, en-
vironmental assessment, categorical exclusion, or 
other document under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) for a water resource project. 
‘‘(B) 
INCLUSIONS.—The 
term 
‘environ-
mental review process’ includes the process for 
and completion of any environmental permit, 
approval, review, or study required for a water 
resource project under any Federal law other 
than the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).
102 
† HR 3080 EAS 
‘‘(3) FEDERAL
JURISDICTIONAL
AGENCY.—The 
term ‘Federal jurisdictional agency’ means a Federal 
agency with jurisdiction delegated by law, regulation, 
order, or otherwise over an approval or decision re-
quired for a water resource project under applicable 
Federal laws (including regulations). 
‘‘(4) LEAD
AGENCY.—The term ‘lead agency’ 
means the Corps of Engineers and, if applicable, any 
State, local, or tribal governmental entity serving as 
a joint lead agency pursuant to section 1506.3 of title 
40, Code of Federal Regulations (or a successor regu-
lation). 
‘‘(5) WATER
RESOURCE
PROJECT.—The term 
‘water resource project’ means a Corps of Engineers 
water resource project. 
‘‘(b) POLICY.—The benefits of water resource projects 
designed and carried out in an economically and environ-
mentally sound manner are important to the economy and 
environment of the United States, and recommendations to 
Congress regarding those projects should be developed using 
coordinated and efficient review and cooperative efforts to 
prevent or quickly resolve disputes during the planning of 
those water resource projects. 
‘‘(c) APPLICABILITY.—
103 
† HR 3080 EAS 
‘‘(1) IN GENERAL.—The project planning proce-
dures under this section apply to proposed projects 
initiated after the date of enactment of the Water Re-
sources Development Act of 2013 and for which the 
Secretary determines that— 
‘‘(A) an environmental impact statement is 
required; or 
‘‘(B) at the discretion of the Secretary, other 
water resource projects for which an environ-
mental review process document is required to be 
prepared. 
‘‘(2) FLEXIBILITY.—Any authorities granted in 
this section may be exercised, and any requirements 
established under this section may be satisfied, for the 
planning of a water resource project, a class of those 
projects, or a program of those projects. 
‘‘(3) LIST OF WATER RESOURCES DEVELOPMENT 
PROJECTS.— 
‘‘(A) IN GENERAL.—The Secretary shall an-
nually prepare, and make publicly available, a 
separate list of each study that the Secretary has 
determined— 
‘‘(i) meets the standards described in 
paragraph (1); and
104 
† HR 3080 EAS 
‘‘(ii) does not have adequate funding to 
make substantial progress toward the com-
pletion of the planning activities for the 
water resource project. 
‘‘(B) INCLUSIONS.—The Secretary shall in-
clude for each study on the list under subpara-
graph (A) a description of the estimated amounts 
necessary to make substantial progress on the 
study. 
‘‘(4) IMPLEMENTATION
GUIDANCE.—The Sec-
retary shall prepare, in consultation with the Council 
on Environmental Quality and other Federal agencies 
with jurisdiction over actions or resources that may 
be impacted by a water resource project, guidance 
documents that describe the coordinated review proc-
esses that the Secretary will use to implement this 
section for the planning of water resource projects, in 
accordance with the civil works program of the Corps 
of Engineers and all applicable law. 
‘‘(d) WATER RESOURCE PROJECT REVIEW PROC-
ESS.— 
‘‘(1) IN GENERAL.—The Secretary shall develop 
and implement a coordinated review process for the 
development of water resource projects.
105 
† HR 3080 EAS 
‘‘(2) COORDINATED
REVIEW.—The coordinated 
review process described in paragraph (1) shall re-
quire that any analysis, opinion, permit, license, 
statement, and approval issued or made by a Federal, 
State, or local governmental agency or an Indian 
tribe for the planning of a water resource project de-
scribed in subsection (b) be conducted, to the max-
imum extent practicable, concurrently with any other 
applicable governmental agency or Indian tribe. 
‘‘(3) TIMING.—The coordinated review process 
under this subsection shall be completed not later 
than the date on which the Secretary, in consultation 
and concurrence with the agencies identified under 
subsection (e), establishes with respect to the water re-
source project. 
‘‘(e) IDENTIFICATION
OF
JURISDICTIONAL
AGEN-
CIES.—With respect to the development of each water re-
source project, the Secretary shall identify, as soon as prac-
ticable, all Federal, State, and local government agencies 
and Indian tribes that may— 
‘‘(1) have jurisdiction over the water resource 
project; 
‘‘(2) be required by law to conduct or issue a re-
view, analysis, or opinion for the water resource 
project; or
106 
† HR 3080 EAS 
‘‘(3) be required to make a determination on 
issuing a permit, license, or approval for the water 
resource project. 
‘‘(f) STATE AUTHORITY.—If the coordinated review 
process is being implemented under this section by the Sec-
retary with respect to the planning of a water resource 
project described in subsection (c) 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 proc-
ess all State agencies that— 
‘‘(1) have jurisdiction over the water resource 
project; 
‘‘(2) are required to conduct or issue a review, 
analysis, or opinion for the water resource project; or 
‘‘(3) are required to make a determination on 
issuing a permit, license, or approval for the water 
resource project. 
‘‘(g) LEAD AGENCIES.— 
‘‘(1) FEDERAL LEAD AGENCY.—Subject to para-
graph (2), the Corps of Engineers shall be the lead 
Federal agency in the environmental review process 
for a water resource project. 
‘‘(2) JOINT LEAD AGENCIES.— 
‘‘(A) IN GENERAL.—At the discretion of the 
Secretary and subject to any applicable regula-
107 
† HR 3080 EAS 
tions under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.), including 
the concurrence of the proposed joint lead agen-
cy, an agency other than the Corps of Engineers 
may serve as the joint lead agency. 
‘‘(B) NON-FEDERAL
INTEREST
AS
JOINT 
LEAD AGENCY.—A non-Federal interest that is a 
State or local governmental entity— 
‘‘(i) may, with the concurrence of the 
Secretary, serve as a joint lead agency with 
the Corps of Engineers for purposes of pre-
paring any environmental document under 
the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); and 
‘‘(ii) may prepare any environmental 
review process document under the National 
Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) required in support of 
any action or approval by the Secretary 
if— 
‘‘(I) the Secretary provides guid-
ance in the preparation process and 
independently evaluates that document
108 
† HR 3080 EAS 
‘‘(II) the non-Federal interest 
complies with all requirements appli-
cable to the Secretary under— 
‘‘(aa) the National Environ-
mental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); 
‘‘(bb) any regulation imple-
menting that Act; and 
‘‘(cc) any other applicable 
Federal law; and 
‘‘(III) the Secretary approves and 
adopts the document before the Sec-
retary takes any subsequent action or 
makes any approval based on that doc-
ument, regardless of whether the action 
or approval of the Secretary results in 
Federal funding. 
‘‘(3) DUTIES.—The Secretary shall ensure that— 
‘‘(A) the non-Federal interest complies with 
all design and mitigation commitments made 
jointly by the Secretary and the non-Federal in-
terest in any environmental document prepared 
by the non-Federal interest in accordance with 
this subsection; and
109 
† HR 3080 EAS 
‘‘(B) any environmental document prepared 
by the non-Federal interest is appropriately sup-
plemented under paragraph (2)(B) to address 
any changes to the water resource project the 
Secretary determines are necessary. 
‘‘(4) ADOPTION AND USE OF DOCUMENTS.—Any 
environmental document prepared in accordance with 
this subsection may be adopted or used by any Fed-
eral agency making any approval to the same extent 
that the Federal agency could adopt or use a docu-
ment prepared by another Federal agency under— 
‘‘(A) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); and 
‘‘(B) parts 1500 through 1508 of title 40, 
Code of Federal Regulations (or successor regula-
tions). 
‘‘(5) ROLES
AND
RESPONSIBILITY
OF
LEAD 
AGENCY.—With respect to the environmental review 
process for any water resource project, the lead agency 
shall have authority and responsibility— 
‘‘(A) to take such actions as are necessary 
and proper and within the authority and re-
sponsibility of the lead agency to facilitate the 
expeditious resolution of the environmental re-
view process for the water resource project; and
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† HR 3080 EAS 
‘‘(B) to prepare or ensure that any required 
environmental impact statement or other envi-
ronmental review document for a water resource 
project required to be completed under the Na-
tional Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) is completed in accordance 
with this section and applicable Federal law. 
‘‘(h) PARTICIPATING AND COOPERATING AGENCIES.— 
‘‘(1) INVITATION.— 
‘‘(A) IN GENERAL.—The lead agency shall 
identify, as early as practicable in the environ-
mental review process for a water resource 
project, any other Federal or non-Federal agen-
cies that may have an interest in that project 
and invite those agencies to become participating 
or cooperating agencies, as applicable, in the en-
vironmental review process for the water resource 
project. 
‘‘(B) PROCEDURES.—Section 1501.6 of title 
40, Code of Federal Regulations (as in effect on 
the date of enactment of the Water Resources De-
velopment Act of 2013) shall govern the identi-
fication and the participation of a cooperating 
agency under subparagraph (A).
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‘‘(C) DEADLINE.—An invitation to partici-
pate issued under subparagraph (A) shall set a 
deadline by which a response to the invitation 
shall be submitted, which may be extended by the 
lead agency for good cause. 
‘‘(2) FEDERAL
COOPERATING
AGENCIES.—Any 
Federal agency that is invited by the lead agency to 
participate in the environmental review process for a 
water resource project shall be designated as a cooper-
ating agency by the lead agency unless the invited 
agency informs the lead agency, in writing, by the 
deadline specified in the invitation that the invited 
agency— 
‘‘(A)(i) has no jurisdiction or authority 
with respect to the water resource project; 
‘‘(ii) has no expertise or information rel-
evant to the water resource project; or 
‘‘(iii) does not have adequate funds to par-
ticipate in the water resource project; and 
‘‘(B) does not intend to submit comments on 
the water resource project. 
‘‘(3) EFFECT OF DESIGNATION.—Designation as 
a participating or cooperating agency under this sub-
section shall not imply that the participating or co-
operating agency—
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† HR 3080 EAS 
‘‘(A) supports a proposed water resource 
project; or 
‘‘(B) has any jurisdiction over, or special 
expertise with respect to evaluation of, the water 
resource project. 
‘‘(4) CONCURRENT REVIEWS.—Each cooperating 
agency shall— 
‘‘(A) carry out the obligations of that agen-
cy under other applicable law concurrently and 
in conjunction with the required environmental 
review process, unless doing so would impair the 
ability of the Federal agency to conduct needed 
analysis or otherwise carry out those obligations; 
and 
‘‘(B) formulate and implement administra-
tive, policy, and procedural mechanisms to en-
able the agency to ensure completion of the envi-
ronmental review process in a timely, coordi-
nated, and environmentally responsible manner. 
‘‘(i) PROGRAMMATIC COMPLIANCE.— 
‘‘(1) IN
GENERAL.—The Secretary shall issue 
guidance regarding the use of programmatic ap-
proaches to carry out the environmental review proc-
ess that—
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† HR 3080 EAS 
‘‘(A) eliminates repetitive discussions of the 
same issues; 
‘‘(B) focuses on the actual issues ripe for 
analyses at each level of review; 
‘‘(C) establishes a formal process for coordi-
nating with cooperating agencies, including the 
creation of a list of all data that is needed to 
carry out an environmental review process; and 
‘‘(D) complies with— 
‘‘(i) the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.); 
and 
‘‘(ii) all other applicable laws. 
‘‘(2) REQUIREMENTS.—In carrying out para-
graph (1), the Secretary shall— 
‘‘(A) as the first step in drafting guidance 
under that paragraph, consult with relevant Fed-
eral and State agencies, Indian tribes, and the 
public on the appropriate use and scope of the 
programmatic approaches; 
‘‘(B) emphasize the importance of collabora-
tion among relevant Federal agencies, State 
agencies, and Indian tribes in undertaking pro-
grammatic reviews, especially with respect to in-
cluding reviews with a broad geographical scope;
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† HR 3080 EAS 
‘‘(C) ensure that the programmatic re-
views— 
‘‘(i) promote transparency, including 
of the analyses and data used in the envi-
ronmental review process, the treatment of 
any deferred issues raised by Federal, State, 
or tribal agencies, or the public, and the 
temporal and special scales to be used to 
analyze those issues; 
‘‘(ii) use accurate and timely informa-
tion in the environmental review process, 
including— 
‘‘(I) criteria for determining the 
general duration of the usefulness of 
the review; and 
‘‘(II) the timeline for updating 
any out-of-date review; 
‘‘(iii) describe— 
‘‘(I) the relationship between pro-
grammatic analysis and future tiered 
analysis; and 
‘‘(II) the role of the public in the 
creation of future tiered analysis; and
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† HR 3080 EAS 
‘‘(iv) are available to other relevant 
Federal and State agencies, Indian tribes, 
and the public; 
‘‘(D) allow not fewer than 60 days of public 
notice and comment on any proposed guidance; 
and 
‘‘(E) address any comments received under 
subparagraph (D). 
‘‘(j) COORDINATED REVIEWS.— 
‘‘(1) COORDINATION PLAN.— 
‘‘(A) ESTABLISHMENT.— 
‘‘(i) IN
GENERAL.—The lead agency 
shall, after consultation with and with the 
concurrence of each cooperating agency for 
the water resource project and the non-Fed-
eral interest or joint lead agency, as appli-
cable, establish a plan for coordinating pub-
lic and agency participation in, and com-
ment on, the environmental review process 
for a water resource project or a category of 
water resource projects. 
‘‘(ii) INCORPORATION.—The plan es-
tablished under clause (i) shall be incor-
porated into the project schedule milestones 
set under section 905(g)(2) of the Water Re-
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† HR 3080 EAS 
sources Development Act of 1986 (33 U.S.C. 
2282(g)(2)). 
‘‘(2) COMMENT
DEADLINES.—The lead agency 
shall establish the following deadlines for comment 
during the environmental review process for a water 
resource project: 
‘‘(A) 
DRAFT
ENVIRONMENTAL
IMPACT 
STATEMENTS.—For comments by Federal and 
States agencies and the public on a draft envi-
ronmental impact statement, a period of not 
more than 60 days after publication in the Fed-
eral Register of notice of the date of public avail-
ability of the draft environmental impact state-
ment, unless— 
‘‘(i) a different deadline is established 
by agreement of the lead agency, the non- 
Federal interest, as applicable, and all par-
ticipating and cooperating agencies; or 
‘‘(ii) the deadline is extended by the 
lead agency for good cause. 
‘‘(B) 
OTHER
ENVIRONMENTAL
REVIEW 
PROCESSES.—For all comment periods estab-
lished by the lead agency for agency or public 
comments in the environmental review process of 
an action within a program under the authority
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† HR 3080 EAS 
of the lead agency other than for a draft environ-
mental impact statement, a period of not more 
than 30 days after the date on which the mate-
rials on which comment is requested are made 
available, unless— 
‘‘(i) a different deadline is established 
by agreement of the lead agency, the non- 
Federal interest, and all cooperating agen-
cies; or 
‘‘(ii) the deadline is extended by the 
lead agency for good cause. 
‘‘(3) DEADLINES FOR DECISIONS UNDER OTHER 
LAWS.—In any case in which a decision under any 
Federal law relating to a project, including the 
issuance or denial of a permit or license, is required 
to be made by the date described in subsection 
(k)(6)(B)(ii), the Secretary shall submit to the Com-
mittee on Environment and Public Works of the Sen-
ate and the Committee on Transportation and Infra-
structure of the House of Representatives— 
‘‘(A) as soon as practicable after the 180- 
day period described in subsection (k)(6)(B)(ii), 
an initial notice of the failure of the Federal 
agency to make the decision; and
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† HR 3080 EAS 
‘‘(B) every 60 days thereafter until such 
date as all decisions of the Federal agency relat-
ing to the project have been made by the Federal 
agency, an additional notice that describes the 
number of decisions of the Federal agency that 
remain outstanding as of the date of the addi-
tional notice. 
‘‘(4) INVOLVEMENT OF THE PUBLIC.—Nothing in 
this subsection reduces any time period provided for 
public comment in the environmental review process 
under applicable Federal law (including regulations). 
‘‘(k) ISSUE IDENTIFICATION AND RESOLUTION.— 
‘‘(1) COOPERATION.—The lead agency, the co-
operating agencies, and any participating agencies 
shall work cooperatively in accordance with this sec-
tion to identify and resolve issues that could delay 
completion of the environmental review process or re-
sult in the denial of any approval required for the 
water resource project under applicable laws. 
‘‘(2) LEAD AGENCY RESPONSIBILITIES.— 
‘‘(A) IN GENERAL.—The lead agency shall 
make information available to the cooperating 
agencies and participating agencies as early as 
practicable in the environmental review process 
regarding the environmental and socioeconomic
119 
† HR 3080 EAS 
resources located within the water resource 
project area and the general locations of the al-
ternatives under consideration. 
‘‘(B) DATA
SOURCES.—The information 
under subparagraph (A) may be based on exist-
ing data sources, including geographic informa-
tion systems mapping. 
‘‘(3) COOPERATING AND PARTICIPATING AGENCY 
RESPONSIBILITIES.—Based on information received 
from the lead agency, cooperating and participating 
agencies shall identify, as early as practicable, any 
issues of concern regarding the potential environ-
mental or socioeconomic impacts of the water resource 
project, including any issues that could substantially 
delay or prevent an agency from granting a permit 
or other approval that is needed for the water resource 
project. 
‘‘(4) INTERIM DECISION ON ACHIEVING ACCELER-
ATED DECISIONMAKING.— 
‘‘(A) IN GENERAL.—Not later than 45 days 
after the close of the public comment period on 
a draft environmental impact statement, the Sec-
retary may convene a meeting with the non-Fed-
eral interest or joint lead agency, as applicable, 
relevant resource agencies, and relevant Federal
120 
† HR 3080 EAS 
and State agencies to establish a schedule of 
deadlines to complete decisions regarding the 
water resource project. 
‘‘(B) DEADLINES.— 
‘‘(i) IN GENERAL.—The deadlines re-
ferred to in subparagraph (A) shall be those 
established by the Secretary, in consultation 
with and with the concurrence of the non- 
Federal interest or joint lead agency, as ap-
plicable, and other relevant Federal and 
State agencies. 
‘‘(ii) FACTORS FOR CONSIDERATION.— 
In establishing a schedule, the Secretary 
shall consider factors such as— 
‘‘(I) the responsibilities of cooper-
ating agencies under applicable laws; 
‘‘(II) the resources available to the 
non-Federal interest, joint lead agency, 
and other relevant Federal and State 
agencies, as applicable; 
‘‘(III) the overall size and com-
plexity of the water resource project; 
‘‘(IV) the overall schedule for and 
cost of the water resource project; and
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† HR 3080 EAS 
‘‘(V) the sensitivity of the natural 
and historical resources that could be 
affected by the water resource project. 
‘‘(iii) MODIFICATIONS.—The Secretary 
may— 
‘‘(I) lengthen a schedule under 
clause (i) for good cause; and 
‘‘(II) shorten a schedule only with 
concurrence of the affected non-Federal 
interest, joint lead agency, or relevant 
Federal and State agencies, as applica-
ble. 
‘‘(C) FAILURE TO MEET DEADLINE.—If the 
agencies described in subparagraph (A) cannot 
provide reasonable assurances that the deadlines 
described in subparagraph (B) will be met, the 
Secretary may initiate the issue resolution and 
referral process described under paragraph (5) 
before the completion of the record of decision. 
‘‘(5) ACCELERATED
ISSUE
RESOLUTION
AND 
ELEVATION.— 
‘‘(A) AGENCY
ISSUE
RESOLUTION
MEET-
ING.— 
‘‘(i) 
IN
GENERAL.—A 
cooperating 
agency or non-Federal interest may request
122 
† HR 3080 EAS 
an issue resolution meeting to be conducted 
by the Secretary. 
‘‘(ii) ACTION
BY
SECRETARY.—The 
Secretary shall convene an issue resolution 
meeting under clause (i) with the relevant 
cooperating agencies and the non-Federal 
interest, as applicable, to resolve issues that 
could— 
‘‘(I) delay completion of the envi-
ronmental review process; or 
‘‘(II) conflict with the ability of a 
cooperating agency to carry out appli-
cable Federal laws (including regula-
tions). 
‘‘(iii) DATE.—A meeting requested 
under this subparagraph shall be held not 
later than 21 days after the date on which 
the Secretary receives the request for the 
meeting, unless the Secretary determines 
that there is good cause to extend that dead-
line. 
‘‘(iv) NOTIFICATION.—On receipt of a 
request for a meeting under this subpara-
graph, the Secretary shall notify all rel-
evant cooperating agencies of the request,
123 
† HR 3080 EAS 
including the issue to be resolved and the 
date for the meeting. 
‘‘(v) DISPUTES.—If a relevant cooper-
ating agency with jurisdiction over an ac-
tion, including a permit approval, review, 
or other statement or opinion required for a 
water resource project under applicable law 
determines that the relevant information 
necessary to resolve the issue has not been 
obtained and could not have been obtained 
within a reasonable time, but the Secretary 
disagrees, the resolution of the dispute shall 
be forwarded to the heads of the relevant 
agencies for resolution. 
‘‘(vi) CONVENTION BY LEAD AGENCY.— 
The Secretary may convene an issue resolu-
tion meeting under this subsection at any 
time, at the discretion of the Secretary, re-
gardless of whether a meeting is requested 
under clause (i). 
‘‘(vii) EXCEPTION.— 
‘‘(I) IN GENERAL.—The issue reso-
lution and referral process under this 
subparagraph shall not be initiated if 
the applicable agency—
124 
† HR 3080 EAS 
‘‘(aa) notifies, with a sup-
porting 
explanation, 
the 
lead 
agency, cooperating agencies, and 
non-Federal interest, as applica-
ble, that— 
‘‘(AA) the agency has 
not received necessary infor-
mation or approvals from 
another entity in a manner 
that affects the ability of the 
agency to meet any require-
ments under Federal, tribal, 
State, or local law; 
‘‘(BB) significant new 
information, including from 
public 
comments, 
or 
cir-
cumstances, 
including 
a 
major modification to an as-
pect of the water resource 
project, requires additional 
analysis for the agency to 
make a decision on the water 
resource project application; 
or
125 
† HR 3080 EAS 
‘‘(CC) the agency lacks 
the financial resources to 
complete the review under the 
scheduled time frame, includ-
ing a description of the num-
ber of full-time employees re-
quired to complete the re-
view, the amount of funding 
required to complete the re-
view, and a justification as 
to why there is not enough 
funding available to complete 
the review by the deadline; 
and 
‘‘(bb) establishes a new dead-
line for completion of the review. 
‘‘(II) INSPECTOR
GENERAL.—If 
the applicable agency makes a certifi-
cation under subclause (I)(aa)(CC), the 
Inspector General of the applicable 
agency shall conduct a financial audit 
to review that certification and submit 
a report on that certification within 90 
days to the Committee on Environment 
and Public Works of the Senate and
126 
† HR 3080 EAS 
the Committee on Transportation and 
Infrastructure of the House of Rep-
resentatives. 
‘‘(B) ELEVATION OF ISSUE RESOLUTION.— 
‘‘(i) IN GENERAL.—If issue resolution 
is not achieved by not later than 30 days 
after the date on which a relevant meeting 
is held under subparagraph (A), the Sec-
retary shall notify the heads of the relevant 
cooperating agencies and the non-Federal 
interest that an issue resolution meeting 
will be convened. 
‘‘(ii) REQUIREMENTS.—The Secretary 
shall identify the issues to be addressed at 
the meeting and convene the meeting not 
later than 30 days after the date on which 
the notice is issued. 
‘‘(C) SUBMISSION OF ISSUE RESOLUTION.— 
‘‘(i) SUBMISSION TO COUNCIL ON ENVI-
RONMENTAL QUALITY.— 
‘‘(I) IN GENERAL.—If a resolution 
is not achieved by not later than 30 
days after the date on which an issue 
resolution meeting is held under sub-
paragraph (B), the Secretary shall sub-
127 
† HR 3080 EAS 
mit the matter to the Council on Envi-
ronmental Quality. 
‘‘(II) MEETING.—Not later than 
30 days after the date on which the 
Council on Environmental Quality re-
ceives a submission from the Secretary 
under subclause (I), the Council on 
Environmental Quality shall hold an 
issue resolution meeting with the lead 
agency, the heads of relevant cooper-
ating agencies and the non-Federal in-
terest. 
‘‘(III) ADDITIONAL
HEARINGS.— 
The Council on Environmental Qual-
ity may hold public meetings or hear-
ings to obtain additional views and in-
formation that the Council on Envi-
ronmental Quality determines are nec-
essary, consistent with the time frames 
described in this paragraph. 
‘‘(ii) REMEDIES.—Not later than 30 
days after the date on which an issue reso-
lution meeting is convened by the Council 
on Environmental Quality under clause 
(i)(II), the Secretary shall—
128 
† HR 3080 EAS 
‘‘(I) publish findings that explain 
how the issue was resolved and rec-
ommendations (including, where ap-
propriate, a finding that the submis-
sion does not support the position of 
the submitting agency); or 
‘‘(II) if the resolution of the issue 
was not achieved, submit to the Presi-
dent for action— 
‘‘(aa) the submission; 
‘‘(bb) any views or addi-
tional information developed dur-
ing 
any 
additional 
hearings 
under clause (i)(III); and 
‘‘(cc) the recommendation of 
the Council on Environmental 
Quality. 
‘‘(6) FINANCIAL PENALTY PROVISIONS.— 
‘‘(A) IN
GENERAL.—A Federal jurisdic-
tional agency shall complete any required ap-
proval or decision on an expeditious basis using 
the shortest existing applicable process. 
‘‘(B) FAILURE TO DECIDE.— 
‘‘(i) IN GENERAL.—If a Federal juris-
dictional agency fails to render a decision
129 
† HR 3080 EAS 
under any Federal law relating to a water 
resource project that requires the prepara-
tion of an environmental impact statement 
or environmental assessment, including the 
issuance or denial of a permit, license, 
statement, opinion, or other approval by the 
date described in clause (ii), the amount of 
funds made available to support the office of 
the head of the Federal jurisdictional agen-
cy shall be reduced by an amount of fund-
ing equal to the amounts specified in sub-
clause (I) or (II) and those funds shall be 
made available to the division of the Fed-
eral jurisdictional agency charged with ren-
dering the decision by not later than 1 day 
after the applicable date under clause (ii), 
and once each week thereafter until a final 
decision is rendered, subject to subpara-
graph (C)— 
‘‘(I) $20,000 for any water re-
source project requiring the prepara-
tion of an environmental assessment or 
environmental impact statement; or 
‘‘(II) $10,000 for any water re-
source project requiring any type of re-
130 
† HR 3080 EAS 
view under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) other than an environ-
mental assessment or environmental 
impact statement. 
‘‘(ii) DESCRIPTION
OF
DATE.—The 
date referred to in clause (i) is the later 
of— 
‘‘(I) the date that is 180 days 
after the date on which an application 
for the permit, license, or approval is 
complete; and 
‘‘(II) the date that is 180 days 
after the date on which the Federal 
lead agency issues a decision on the 
water resource project under the Na-
tional Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
‘‘(C) LIMITATIONS.— 
‘‘(i) IN
GENERAL.—No transfer of 
funds under subparagraph (B) relating to 
an individual water resource project shall 
exceed, in any fiscal year, an amount equal 
to 1 percent of the funds made available for 
the applicable agency office.
131 
† HR 3080 EAS 
‘‘(ii) FAILURE TO DECIDE.—The total 
amount transferred in a fiscal year as a re-
sult of a failure by an agency to make a de-
cision by an applicable deadline shall not 
exceed an amount equal to 5 percent of the 
funds made available for the applicable 
agency office for that fiscal year. 
‘‘(iii) AGGREGATE.—Notwithstanding 
any other provision of law, for each fiscal 
year, the aggregate amount of financial 
penalties assessed against each applicable 
agency office under title II of the Water Re-
sources Development Act of 2013 and any 
other Federal law as a result of a failure of 
the agency to make a decision by an appli-
cable deadline for environmental review, in-
cluding the total amount transferred under 
this paragraph, shall not exceed an amount 
equal to 9.5 percent of the funds made 
available for the agency office for that fiscal 
year. 
‘‘(D) NO FAULT OF AGENCY.— 
‘‘(i) IN GENERAL.—A transfer of funds 
under this paragraph shall not be made if 
the applicable agency described in subpara-
132 
† HR 3080 EAS 
graph (A) notifies, with a supporting expla-
nation, the lead agency, cooperating agen-
cies, and non-Federal interest, as applica-
ble, that— 
‘‘(I) the agency has not received 
necessary information or approvals 
from another entity in a manner that 
affects the ability of the agency to meet 
any requirements under Federal, State, 
or local law; 
‘‘(II) significant new information, 
including from public comments, or 
circumstances, 
including 
a 
major 
modification to an aspect of the water 
resource project, requires additional 
analysis for the agency to make a deci-
sion on the water resource project ap-
plication; or 
‘‘(III) the agency lacks the finan-
cial resources to complete the review 
under the scheduled time frame, in-
cluding a description of the number of 
full-time employees required to com-
plete the review, the amount of funding 
required to complete the review, and a
133 
† HR 3080 EAS 
justification as to why there is not 
enough funding available to complete 
the review by the deadline. 
‘‘(ii) 
LACK
OF
FINANCIAL
RE-
SOURCES.—If the agency provides notice 
under clause (i)(III), the Inspector General 
of the agency shall— 
‘‘(I) conduct a financial audit to 
review the notice; and 
‘‘(II) not later than 90 days after 
the date on which the review described 
in subclause (I) is completed, submit to 
the Committee on Environment and 
Public Works of the Senate and the 
Committee on Transportation and In-
frastructure of the House of Represent-
atives a report on the notice. 
‘‘(E) LIMITATION.—The Federal agency 
from which funds are transferred pursuant to 
this paragraph shall not reprogram funds to the 
office of the head of the agency, or equivalent of-
fice, to reimburse that office for the loss of the 
funds. 
‘‘(F) EFFECT OF PARAGRAPH.—Nothing in 
this paragraph affects or limits the application
134 
† HR 3080 EAS 
of, or obligation to comply with, any Federal, 
State, local, or tribal law. 
‘‘(l) PERFORMANCE MEASUREMENT.—The Secretary 
shall establish a program to measure and report on progress 
made toward improving and expediting the planning and 
environmental review process. 
‘‘(m) MEMORANDUM OF AGREEMENTS FOR EARLY CO-
ORDINATION.— 
‘‘(1) SENSE OF CONGRESS.—It is the sense of 
Congress that— 
‘‘(A) the Secretary and other Federal agen-
cies with relevant jurisdiction in the environ-
mental review process should cooperate with each 
other, State agencies, and Indian tribes on envi-
ronmental review and water resource project de-
livery activities at the earliest practicable time 
to avoid delays and duplication of effort later in 
the process, prevent potential conflicts, and en-
sure that planning and water resource project 
development decisions reflect environmental val-
ues; and 
‘‘(B) the cooperation referred to in subpara-
graph (A) should include the development of 
policies and the designation of staff that advise 
planning agencies and non-Federal interests of
135 
† HR 3080 EAS 
studies or other information foreseeably required 
for later Federal action and early consultation 
with appropriate State and local agencies and 
Indian tribes. 
‘‘(2) TECHNICAL
ASSISTANCE.—If requested at 
any time by a State or non-Federal interest, the Sec-
retary and other Federal agencies with relevant juris-
diction in the environmental review process, shall, to 
the maximum extent practicable and appropriate, as 
determined by the agencies, provide technical assist-
ance to the State or non-Federal interest in carrying 
out early coordination activities. 
‘‘(3) MEMORANDUM OF AGENCY AGREEMENT.—If 
requested at any time by a State or non-Federal in-
terest, the lead agency, in consultation with other 
Federal agencies with relevant jurisdiction in the en-
vironmental review process, may establish memo-
randa of agreement with the non-Federal interest, In-
dian tribe, State and local governments, and other 
appropriate entities to carry out the early coordina-
tion activities, including providing technical assist-
ance in identifying potential impacts and mitigation 
issues in an integrated fashion. 
‘‘(n) LIMITATIONS.—Nothing in this section preempts, 
supersedes, amends, modifies, repeals, or interferes with—
136 
† HR 3080 EAS 
‘‘(1) any statutory or regulatory requirement, 
including for seeking, considering, or responding to 
public comment; 
‘‘(2) any obligation to comply with the provi-
sions any Federal law, including— 
‘‘(A) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); 
‘‘(B) the regulations issued by the Council 
on Environmental Quality or any other Federal 
agency to carry out that Act; and 
‘‘(C) any other Federal environmental law; 
‘‘(3) the reviewability of any final Federal agen-
cy action in a court of the United States or in the 
court of any State; 
‘‘(4) any practice of seeking, considering, or re-
sponding to public comment; or 
‘‘(5) any power, jurisdiction, responsibility, 
duty, or authority that a Federal, State, or local gov-
ernmental agency, Indian tribe, or non-Federal inter-
est has with respect to carrying out a water resource 
project or any other provision of law applicable to 
water resource projects. 
‘‘(o) CATEGORICAL EXCLUSIONS.—
137 
† HR 3080 EAS 
‘‘(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this subsection, the Sec-
retary shall— 
‘‘(A) survey the use by the Corps of Engi-
neers of categorical exclusions in water resource 
projects since 2005; 
‘‘(B) publish a review of the survey that in-
cludes a description of— 
‘‘(i) the types of actions that were cat-
egorically excluded or could be the basis for 
developing a new categorical exclusion; and 
‘‘(ii) any requests previously received 
by the Secretary for new categorical exclu-
sions; and 
‘‘(C) solicit requests from other Federal 
agencies and non-Federal interests for new cat-
egorical exclusions. 
‘‘(2) NEW CATEGORICAL EXCLUSIONS.—Not later 
than 1 year after the date of enactment of this sub-
section, if the Secretary has identified a category of 
activities that merit establishing a categorical exclu-
sion that did not exist on the day before the date of 
enactment of this subsection based on the review 
under paragraph (1), the Secretary shall publish a 
notice of proposed rulemaking to propose that new
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‘‘(i) not later than 2 years after the 
date of enactment of this subsection, an ini-
tial report of the findings of the Inspector 
General; and 
‘‘(ii) not later than 4 years after the 
date of enactment of this subsection, a final 
report of the findings. 
‘‘(q) AUTHORIZATION.—The authority provided by 
this section expires on the date that is 10 years after the 
date of enactment of this Act.’’. 
SEC. 2034. FEASIBILITY STUDIES. 
Section 905 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2282) is amended by adding at the end 
the following: 
‘‘(g) DETAILED PROJECT SCHEDULE.— 
‘‘(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this subsection, the Sec-
retary shall determine a set of milestones needed for 
the completion of a feasibility study under this sub-
section, including all major actions, report submis-
sions and responses, reviews, and comment periods. 
‘‘(2) DETAILED
PROJECT
SCHEDULE
MILE-
STONES.—Each District Engineer shall, to the max-
imum extent practicable, establish a detailed project 
schedule, based on full funding capability, that lists
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all deadlines for milestones relating to feasibility 
studies in the District developed by the Secretary 
under paragraph (1). 
‘‘(3) NON-FEDERAL INTEREST NOTIFICATION.— 
Each District Engineer shall submit by certified mail 
the detailed project schedule under paragraph (2) to 
each relevant non-Federal interest— 
‘‘(A) for projects that have received funding 
from the General Investigations Account of the 
Corps of Engineers in the period beginning on 
October 1, 2009, and ending on the date of enact-
ment of this section, not later than 180 days 
after the establishment of milestones under para-
graph (1); and 
‘‘(B) for projects for which a feasibility cost- 
sharing agreement is executed after the establish-
ment of milestones under paragraph (1), not 
later than 90 days after the date on which the 
agreement is executed. 
‘‘(4) CONGRESSIONAL
AND
PUBLIC
NOTIFICA-
TION.—Beginning in the first full fiscal year after the 
date of enactment of this Act, the Secretary shall— 
‘‘(A) submit an annual report that lists all 
detailed project schedules under paragraph (2) 
and an explanation of any missed deadlines to
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the Committee on Environment and Public 
Works of the Senate and the Committee on 
Transportation and Infrastructure of the House 
of Representatives; and 
‘‘(B) make publicly available, including on 
the Internet, a copy of the annual report de-
scribed in subparagraph (A) not later than 14 
days after date on which a report is submitted 
to Congress. 
‘‘(5) FAILURE TO ACT.—If a District Engineer 
fails to meet any of the deadlines in the project sched-
ule under paragraph (2), the District Engineer 
shall— 
‘‘(A) not later than 30 days after each 
missed deadline, submit to the non-Federal inter-
est a report detailing— 
‘‘(i) why the District Engineer failed 
to meet the deadline; and 
‘‘(ii) a revised project schedule reflect-
ing amended deadlines for the feasibility 
study; and 
‘‘(B) not later than 30 days after each 
missed deadline, make publicly available, includ-
ing on the Internet, a copy of the amended
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project schedule described in subparagraph 
(A)(ii).’’. 
SEC. 2035. ACCOUNTING AND ADMINISTRATIVE EXPENSES. 
(a) IN GENERAL.—On the request of a non-Federal in-
terest, the Secretary shall provide to the non-Federal inter-
est a detailed accounting of the Federal expenses associated 
with a water resources project. 
(b) STUDY.— 
(1) IN GENERAL.—The Secretary shall contract 
with the National Academy of Public Administration 
to carry out a study on the efficiency of the Corps 
Engineers current staff salaries and administrative 
expense procedures as compared to using a separate 
administrative expense account. 
(2) CONTENTS.—The study under paragraph (1) 
shall include any recommendations of the National 
Academy of Public Administration for improvements 
to the budgeting and administrative processes that 
will increase the efficiency of the Corps of Engineers 
project delivery. 
SEC. 2036. DETERMINATION OF PROJECT COMPLETION. 
(a) IN GENERAL.—The Secretary shall notify the non- 
Federal interest when construction of a water resources 
project or a functional portion of the project is completed
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so the non-Federal interest may commence responsibilities, 
as applicable, for operating and maintaining the project. 
(b) NON-FEDERAL INTEREST APPEAL OF DETERMINA-
TION.— 
(1) IN GENERAL.—Not later than 7 days after 
receiving a notification under subparagraph (a), the 
non-Federal interest may appeal the completion deter-
mination of the Secretary in writing with a detailed 
explanation of the basis for questioning the complete-
ness of the project or functional portion of the project. 
(2) INDEPENDENT REVIEW.— 
(A) IN GENERAL.—On notification that a 
non-Federal interest has submitted an appeal 
under paragraph (1), the Secretary shall con-
tract with 1 or more independent, non-Federal 
experts to evaluate whether the applicable water 
resources project or functional portion of the 
project is complete. 
(B) TIMELINE.—An independent review 
carried out under subparagraph (A) shall be 
completed not later than 180 days after the date 
on which the Secretary receives an appeal from 
a non-Federal interest under paragraph (1).