H. R. 3080 
One Hundred Thirteenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Friday, 
the third day of January, two thousand and fourteen 
An Act 
To provide for improvements to the rivers and harbors of the United States, to 
provide for the conservation and development of water and related resources, 
and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Water 
Resources Reform and Development Act of 2014’’. 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
Sec. 2. Definition of Secretary. 
TITLE I—PROGRAM REFORMS AND STREAMLINING 
Sec. 1001. Vertical integration and acceleration of studies. 
Sec. 1002. Consolidation of studies. 
Sec. 1003. Expedited completion of reports. 
Sec. 1004. Removal of duplicative analyses. 
Sec. 1005. Project acceleration. 
Sec. 1006. Expediting the evaluation and processing of permits. 
Sec. 1007. Expediting approval of modifications and alterations of projects by non- 
Federal interests. 
Sec. 1008. Expediting hydropower at Corps of Engineers facilities. 
Sec. 1009. Enhanced use of electronic commerce in Federal procurement. 
Sec. 1010. Determination of project completion. 
Sec. 1011. Prioritization. 
Sec. 1012. Transparency in accounting and administrative expenses. 
Sec. 1013. Evaluation of project Partnership Agreements. 
Sec. 1014. Study and construction of water resources development projects by non- 
Federal interests. 
Sec. 1015. Contributions by non-Federal interests. 
Sec. 1016. Operation and maintenance of certain projects. 
Sec. 1017. Acceptance of contributed funds to increase lock operations. 
Sec. 1018. Credit for in-kind contributions. 
Sec. 1019. Clarification of in-kind credit authority. 
Sec. 1020. Transfer of excess credit. 
Sec. 1021. Crediting authority for federally authorized navigation projects. 
Sec. 1022. Credit in lieu of reimbursement. 
Sec. 1023. Additional contributions by non-Federal interests. 
Sec. 1024. Authority to accept and use materials and services. 
Sec. 1025. Water resources projects on Federal land. 
Sec. 1026. Clarification of impacts to other Federal facilities. 
Sec. 1027. Clarification of munition disposal authorities. 
Sec. 1028. Clarification of mitigation authority. 
Sec. 1029. Clarification of interagency support authorities. 
Sec. 1030. Continuing authority. 
Sec. 1031. Tribal partnership program. 
Sec. 1032. Territories of the United States. 
Sec. 1033. Corrosion prevention. 
Sec. 1034. Advanced modeling technologies. 
Sec. 1035. Recreational access. 
Sec. 1036. Non-Federal plans to provide additional flood risk reduction.
H. R. 3080—2 
Sec. 1037. Hurricane and storm damage reduction. 
Sec. 1038. Reduction of Federal costs for hurricane and storm damage reduction 
projects. 
Sec. 1039. Invasive species. 
Sec. 1040. Fish and wildlife mitigation. 
Sec. 1041. Mitigation status report. 
Sec. 1042. Reports to Congress. 
Sec. 1043. Non-Federal implementation pilot program. 
Sec. 1044. Independent peer review. 
Sec. 1045. Report on surface elevations at drought affected lakes. 
Sec. 1046. Reservoir operations and water supply. 
Sec. 1047. Special use permits. 
Sec. 1048. America the Beautiful National Parks and Federal Recreational Lands 
Pass program. 
Sec. 1049. Applicability of spill prevention, control, and countermeasure rule. 
Sec. 1050. Namings. 
Sec. 1051. Interstate water agreements and compacts. 
Sec. 1052. Sense of Congress regarding water resources development bills. 
TITLE II—NAVIGATION 
Subtitle A—Inland Waterways 
Sec. 2001. Definitions. 
Sec. 2002. Project delivery process reforms. 
Sec. 2003. Efficiency of revenue collection. 
Sec. 2004. Inland waterways revenue studies. 
Sec. 2005. Inland waterways stakeholder roundtable. 
Sec. 2006. Preserving the Inland Waterway Trust Fund. 
Sec. 2007. Inland waterways oversight. 
Sec. 2008. Assessment of operation and maintenance needs of the Atlantic Intra-
coastal Waterway and the Gulf Intracoastal Waterway. 
Sec. 2009. Inland waterways riverbank stabilization. 
Sec. 2010. Upper Mississippi River protection. 
Sec. 2011. Corps of Engineers lock and dam energy development. 
Sec. 2012. Restricted areas at Corps of Engineers dams. 
Sec. 2013. Operation and maintenance of fuel taxed inland waterways. 
Subtitle B—Port and Harbor Maintenance 
Sec. 2101. Funding for harbor maintenance programs. 
Sec. 2102. Operation and maintenance of harbor projects. 
Sec. 2103. Consolidation of deep draft navigation expertise. 
Sec. 2104. Remote and subsistence harbors. 
Sec. 2105. Arctic deep draft port development partnerships. 
Sec. 2106. Additional measures at donor ports and energy transfer ports. 
Sec. 2107. Preserving United States harbors. 
TITLE III—SAFETY IMPROVEMENTS AND ADDRESSING EXTREME 
WEATHER EVENTS 
Subtitle A—Dam Safety 
Sec. 3001. Dam Safety. 
Subtitle B—Levee Safety 
Sec. 3011. Systemwide improvement framework. 
Sec. 3012. Management of flood risk reduction projects. 
Sec. 3013. Vegetation management policy. 
Sec. 3014. Levee certifications. 
Sec. 3015. Planning assistance to States. 
Sec. 3016. Levee safety. 
Sec. 3017. Rehabilitation of existing levees. 
Subtitle C—Additional Safety Improvements and Risk Reduction Measures 
Sec. 3021. Use of innovative materials. 
Sec. 3022. Durability, sustainability, and resilience. 
Sec. 3023. Study on risk reduction. 
Sec. 3024. Management of flood, drought, and storm damage. 
Sec. 3025. Post-disaster watershed assessments. 
Sec. 3026. Hurricane and storm damage reduction study. 
Sec. 3027. Emergency communication of risk. 
Sec. 3028. Safety assurance review. 
Sec. 3029. Emergency response to natural disasters.
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TITLE IV—RIVER BASINS AND COASTAL AREAS 
Sec. 4001. River basin commissions. 
Sec. 4002. Mississippi River. 
Sec. 4003. Missouri River. 
Sec. 4004. Arkansas River. 
Sec. 4005. Columbia Basin. 
Sec. 4006. Rio Grande. 
Sec. 4007. Northern Rockies headwaters. 
Sec. 4008. Rural Western water. 
Sec. 4009. North Atlantic Coastal Region. 
Sec. 4010. Chesapeake Bay. 
Sec. 4011. Louisiana coastal area. 
Sec. 4012. Red River Basin. 
Sec. 4013. Technical corrections. 
Sec. 4014. Ocean and coastal resiliency. 
TITLE V—WATER INFRASTRUCTURE FINANCING 
Subtitle A—State Water Pollution Control Revolving Funds 
Sec. 5001. General authority for capitalization grants. 
Sec. 5002. Capitalization grant agreements. 
Sec. 5003. Water pollution control revolving loan funds. 
Sec. 5004. Requirements. 
Sec. 5005. Report on the allotment of funds. 
Sec. 5006. Effective date. 
Subtitle B—General Provisions 
Sec. 5011. Watershed pilot projects. 
Sec. 5012. Definition of treatment works. 
Sec. 5013. Funding for Indian programs. 
Sec. 5014. Water infrastructure public-private partnership pilot program. 
Subtitle C—Innovative Financing Pilot Projects 
Sec. 5021. Short title. 
Sec. 5022. Definitions. 
Sec. 5023. Authority to provide assistance. 
Sec. 5024. Applications. 
Sec. 5025. Eligible entities. 
Sec. 5026. Projects eligible for assistance. 
Sec. 5027. Activities eligible for assistance. 
Sec. 5028. Determination of eligibility and project selection. 
Sec. 5029. Secured loans. 
Sec. 5030. Program administration. 
Sec. 5031. State, tribal, and local permits. 
Sec. 5032. Regulations. 
Sec. 5033. Funding. 
Sec. 5034. Reports on pilot program implementation. 
Sec. 5035. Requirements. 
TITLE VI—DEAUTHORIZATION AND BACKLOG PREVENTION 
Sec. 6001. Deauthorization of inactive projects. 
Sec. 6002. Review of Corps of Engineers assets. 
Sec. 6003. Backlog prevention. 
Sec. 6004. Deauthorizations. 
Sec. 6005. Land conveyances. 
TITLE VII—WATER RESOURCES INFRASTRUCTURE 
Sec. 7001. Annual report to Congress. 
Sec. 7002. Authorization of final feasibility studies. 
Sec. 7003. Authorization of project modifications recommended by the Secretary. 
Sec. 7004. Expedited consideration in the House and Senate. 
SEC. 2. DEFINITION OF SECRETARY. 
In this Act, the term ‘‘Secretary’’ means the Secretary of the 
Army.
H. R. 3080—4 
TITLE I—PROGRAM REFORMS AND 
STREAMLINING 
SEC. 1001. VERTICAL INTEGRATION AND ACCELERATION OF STUDIES. 
(a) IN GENERAL.—To the extent practicable, a feasibility study 
initiated by the Secretary, after the date of enactment of this 
Act, under section 905(a) of the Water Resources Development 
Act of 1986 (33 U.S.C. 2282(a)) shall— 
(1) result in the completion of a final feasibility report 
not later than 3 years after the date of initiation; 
(2) have a maximum Federal cost of $3,000,000; and 
(3) ensure that personnel from the district, division, and 
headquarters levels of the Corps of Engineers concurrently 
conduct the review required under that section. 
(b) EXTENSION.—If the Secretary determines that a feasibility 
study described in subsection (a) will not be conducted in accordance 
with subsection (a), the Secretary, not later than 30 days after 
the date of making the determination, shall— 
(1) prepare an updated feasibility study schedule and cost 
estimate; 
(2) notify the non-Federal feasibility cost-sharing partner 
that the feasibility study has been delayed; and 
(3) provide written notice to the Committee on Environment 
and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representa-
tives as to the reasons the requirements of subsection (a) are 
not attainable. 
(c) TERMINATION OF AUTHORIZATION.—A feasibility study for 
which the Secretary has issued a determination under subsection 
(b) is not authorized after the last day of the 1-year period beginning 
on the date of the determination if the Secretary has not completed 
the study on or before such last day. 
(d) EXCEPTION.— 
(1) IN GENERAL.—Notwithstanding the requirements of sub-
section (c), the Secretary may extend the timeline of a study 
by a period not to exceed 3 years, if the Secretary determines 
that the feasibility study is too complex to comply with the 
requirements of subsections (a) and (c). 
(2) FACTORS.—In making a determination that a study 
is too complex to comply with the requirements of subsections 
(a) and (c), the Secretary shall consider— 
(A) the type, size, location, scope, and overall cost 
of the project; 
(B) whether the project will use any innovative design 
or construction techniques; 
(C) whether the project will require significant action 
by other Federal, State, or local agencies; 
(D) whether there is significant public dispute as to 
the nature or effects of the project; and 
(E) whether there is significant public dispute as to 
the economic or environmental costs or benefits of the 
project. 
(3) NOTIFICATION.—Each time the Secretary makes a deter-
mination under this subsection, the Secretary shall provide 
written notice to the Committee on Environment and Public 
Works of the Senate and the Committee on Transportation
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and Infrastructure of the House of Representatives as to the 
results of that determination, including an identification of 
the specific 1 or more factors used in making the determination 
that the project is complex. 
(4) LIMITATION.—The Secretary shall not extend the 
timeline for a feasibility study for a period of more than 7 
years, and any feasibility study that is not completed before 
that date shall no longer be authorized. 
(e) REVIEWS.—Not later than 90 days after the date of the 
initiation of a study described in subsection (a) for a project, the 
Secretary shall— 
(1) take all steps necessary to initiate the process for com-
pleting federally mandated reviews that the Secretary is 
required to complete as part of the study, including the environ-
mental review process under section 1005; 
(2) convene a meeting of all Federal, tribal, and State 
agencies identified under section 2045(e) of the Water Resources 
Development Act of 2007 (33 U.S.C. 2348(e)) that may be 
required by law to conduct or issue a review, analysis, or 
opinion on or to make a determination concerning a permit 
or license for the study; and 
(3) take all steps necessary to provide information that 
will enable required reviews and analyses related to the project 
to be conducted by other agencies in a thorough and timely 
manner. 
(f) INTERIM REPORT.—Not later than 18 months after the date 
of enactment of this Act, the Secretary shall submit to the Com-
mittee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives and make publicly available a report that 
describes— 
(1) the status of the implementation of the planning process 
under this section, including the number of participating 
projects; 
(2) a review of project delivery schedules, including a 
description of any delays on those studies participating in the 
planning process under this section; and 
(3) any recommendations for additional authority necessary 
to support efforts to expedite the feasibility study process for 
water resource projects. 
(g) FINAL REPORT.—Not later than 4 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 Representa-
tives and make publicly available a report that describes— 
(1) the status of the implementation of this section, 
including a description of each feasibility study subject to the 
requirements of this section; 
(2) the amount of time taken to complete each feasibility 
study; and 
(3) any recommendations for additional authority necessary 
to support efforts to expedite the feasibility study process, 
including an analysis of whether the limitation established 
by subsection (a)(2) needs to be adjusted to address the impacts 
of inflation.
H. R. 3080—6 
SEC. 1002. CONSOLIDATION OF STUDIES. 
(a) IN GENERAL.— 
(1) REPEAL.—Section 905(b) of the Water Resources 
Development Act of 1986 (33 U.S.C. 2282(b)) is repealed. 
(2) CONFORMING
AMENDMENT.—Section 905(a)(1) of the 
Water Resources Development Act of 1986 (33 U.S.C. 
2282(a)(1)) is amended by striking ‘‘perform a reconnaissance 
study and’’. 
(b) CONTENTS OF FEASIBILITY REPORTS.—Section 905(a)(2) of 
the Water Resources Development Act of 1986 (33 U.S.C. 2282(a)(2)) 
is amended by adding at the end the following: ‘‘A feasibility report 
shall include a preliminary analysis of the Federal interest and 
the costs, benefits, and environmental impacts of the project.’’. 
(c) 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 Secretary shall determine 
a set of milestones needed for the completion of a feasibility 
study under this subsection, including all major actions, report 
submissions and responses, reviews, and comment periods. 
‘‘(2) DETAILED PROJECT SCHEDULE MILESTONES.—Each Dis-
trict Engineer shall, to the maximum extent practicable, estab-
lish a detailed project schedule, based on full funding capability, 
that lists all deadlines for milestones relating to feasibility 
studies in the District developed by the Secretary under para-
graph (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 enactment of this subsection, 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 establishment of milestones 
under paragraph (1), not later than 90 days after the 
date on which the agreement is executed. 
‘‘(4) CONGRESSIONAL AND PUBLIC NOTIFICATION.—Beginning 
in the first full fiscal year after the date of enactment of 
this subsection, 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 the Committee on Environment 
and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives; and 
‘‘(B) make publicly available, including on the Internet, 
a copy of the annual report described in subparagraph 
(A) not later than 14 days after date on which a report 
is submitted to Congress.
H. R. 3080—7 
‘‘(5) FAILURE TO ACT.—If a District Engineer fails to meet 
any of the deadlines in the project schedule under paragraph 
(2), the District Engineer shall— 
‘‘(A) not later than 30 days after each missed deadline, 
submit to the non-Federal interest a report detailing— 
‘‘(i) why the District Engineer failed to meet the 
deadline; and 
‘‘(ii) a revised project schedule reflecting amended 
deadlines for the feasibility study; and 
‘‘(B) not later than 30 days after each missed deadline, 
make publicly available, including on the Internet, a copy 
of the amended project schedule described in subparagraph 
(A)(ii).’’. 
(d) APPLICABILITY.—The Secretary shall continue to carry out 
a study for which a reconnaissance level investigation has been 
initiated before the date of enactment of this Act as if this section, 
including the amendments made by this section, had not been 
enacted. 
SEC. 1003. EXPEDITED COMPLETION OF REPORTS. 
The Secretary shall— 
(1) expedite the completion of any on-going feasibility study 
for a project initiated before the date of enactment of this 
Act; and 
(2) if the Secretary determines that the project is justified 
in a completed report, proceed directly to preconstruction plan-
ning, engineering, and design of the project in accordance with 
section 910 of the Water Resources Development Act of 1986 
(33 U.S.C. 2287). 
SEC. 1004. REMOVAL OF DUPLICATIVE ANALYSES. 
Section 911 of the Water Resources Development Act of 1986 
(33 U.S.C. 2288) is repealed. 
SEC. 1005. PROJECT ACCELERATION. 
(a) PROJECT ACCELERATION.— 
(1) AMENDMENT.—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 detailed statement 
of environmental impacts of a project 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 ‘environmental review 
process’ means the process of preparing an environmental 
impact statement, environmental assessment, categorical 
exclusion, or other document under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for 
a project study. 
‘‘(B) INCLUSIONS.—The term ‘environmental review 
process’ includes the process for and completion of any 
environmental permit, approval, review, or study required 
for a project study under any Federal law other than the
H. R. 3080—8 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
‘‘(3) FEDERAL JURISDICTIONAL AGENCY.—The term ‘Federal 
jurisdictional agency’ means a Federal agency with jurisdiction 
delegated by law, regulation, order, or otherwise over a review, 
analysis, opinion, statement, permit, license, or other approval 
or decision required for a project study under applicable Federal 
laws (including regulations). 
‘‘(4) FEDERAL
LEAD
AGENCY.—The term ‘Federal lead 
agency’ means the Corps of Engineers. 
‘‘(5) PROJECT.—The term ‘project’ means a water resources 
development project to be carried out by the Secretary. 
‘‘(6) PROJECT SPONSOR.—The term ‘project sponsor’ has the 
meaning given the term ‘non-Federal interest’ in section 221(b) 
of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)). 
‘‘(7) PROJECT STUDY.—The term ‘project study’ means a 
feasibility study for a project carried out pursuant to section 
905 of the Water Resources Development Act of 1986 (33 U.S.C. 
2282). 
‘‘(b) APPLICABILITY.— 
‘‘(1) IN GENERAL.—This section— 
‘‘(A) shall apply to each project study that is initiated 
after the date of enactment of the Water Resources Reform 
and Development Act of 2014 and for which an environ-
mental impact statement is prepared under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
and 
‘‘(B) may be applied, to the extent determined appro-
priate by the Secretary, to other project studies initiated 
after such date of enactment and for which an environ-
mental review process document is prepared under that 
Act. 
‘‘(2) FLEXIBILITY.—Any authority granted under this section 
may be exercised, and any requirement established under this 
section may be satisfied, for the conduct of an environmental 
review process for a project study, a class of project studies, 
or a program of project studies. 
‘‘(3) LIST OF PROJECT STUDIES.— 
‘‘(A) IN GENERAL.—The Secretary shall annually pre-
pare, and make publicly available, a separate list of each 
study that the Secretary has determined— 
‘‘(i) meets the standards described in paragraph 
(1); and 
‘‘(ii) does not have adequate funding to make 
substantial progress toward the completion of the 
project study. 
‘‘(B) INCLUSIONS.—The Secretary shall include for each 
project study on the list under subparagraph (A) a descrip-
tion of the estimated amounts necessary to make substan-
tial progress on the project study. 
‘‘(c) PROJECT REVIEW PROCESS.— 
‘‘(1) IN GENERAL.—The Secretary shall develop and imple-
ment a coordinated environmental review process for the 
development of project studies. 
‘‘(2) COORDINATED
REVIEW.—The coordinated environ-
mental review process described in paragraph (1) shall require 
that any review, analysis, opinion, statement, permit, license,
H. R. 3080—9 
or other approval or decision issued or made by a Federal, 
State, or local governmental agency or an Indian tribe for 
a project study described in subsection (b) be conducted, to 
the maximum extent practicable, concurrently with any other 
applicable governmental agency or Indian tribe. 
‘‘(3) 
TIMING.—The 
coordinated 
environmental 
review 
process under this subsection shall be completed not later than 
the date on which the Secretary, in consultation and concur-
rence with the agencies identified under subsection (e), estab-
lishes with respect to the project study. 
‘‘(d) LEAD AGENCIES.— 
‘‘(1) JOINT LEAD AGENCIES.— 
‘‘(A) IN GENERAL.—At the discretion of the Secretary 
and subject to the requirements of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
the requirements of section 1506.8 of title 40, Code of 
Federal Regulations (or successor regulations), including 
the concurrence of the proposed joint lead agency, a project 
sponsor may serve as the joint lead agency. 
‘‘(B) PROJECT
SPONSOR
AS
JOINT
LEAD
AGENCY.—A 
project sponsor that is a State or local governmental entity 
may— 
‘‘(i) with the concurrence of the Secretary, serve 
as a joint lead agency with the Federal lead agency 
for purposes of preparing any environmental document 
under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.); and 
‘‘(ii) 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 guidance in the 
preparation process and independently evaluates 
that document; 
‘‘(II) the project sponsor complies with all 
requirements applicable to the Secretary under— 
‘‘(aa) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); 
‘‘(bb) any regulation implementing that 
Act; and 
‘‘(cc) any other applicable Federal law; and 
‘‘(III) the Secretary approves and adopts the 
document before the Secretary takes any subse-
quent action or makes any approval based on that 
document, regardless of whether the action or 
approval of the Secretary results in Federal 
funding. 
‘‘(2) DUTIES.—The Secretary shall ensure that— 
‘‘(A) the project sponsor complies with all design and 
mitigation commitments made jointly by the Secretary and 
the project sponsor in any environmental document pre-
pared by the project sponsor in accordance with this sub-
section; and 
‘‘(B) any environmental document prepared by the 
project sponsor is appropriately supplemented to address 
any changes to the project the Secretary determines are 
necessary.
H. R. 3080—10 
‘‘(3) ADOPTION
AND
USE
OF
DOCUMENTS.—Any environ-
mental document prepared in accordance with this subsection 
shall be adopted and used by any Federal agency making 
any determination related to the project study to the same 
extent that the Federal agency could adopt or use a document 
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 Fed-
eral Regulations (or successor regulations). 
‘‘(4) ROLES AND RESPONSIBILITY OF LEAD AGENCY.—With 
respect to the environmental review process for any project 
study, the Federal lead agency shall have authority and respon-
sibility— 
‘‘(A) to take such actions as are necessary and proper 
and within the authority of the Federal lead agency to 
facilitate the expeditious resolution of the environmental 
review process for the project study; and 
‘‘(B) to prepare or ensure that any required environ-
mental impact statement or other environmental review 
document for a project study required to be completed 
under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) is completed in accordance with this 
section and applicable Federal law. 
‘‘(e) PARTICIPATING AND COOPERATING AGENCIES.— 
‘‘(1) IDENTIFICATION OF JURISDICTIONAL AGENCIES.—With 
respect to carrying out the environmental review process for 
a project study, the Secretary shall identify, as early as prac-
ticable in the environmental review process, all Federal, State, 
and local government agencies and Indian tribes that may— 
‘‘(A) have jurisdiction over the project; 
‘‘(B) be required by law to conduct or issue a review, 
analysis, opinion, or statement for the project study; or 
‘‘(C) be required to make a determination on issuing 
a permit, license, or other approval or decision for the 
project study. 
‘‘(2) STATE
AUTHORITY.—If the environmental review 
process is being implemented by the Secretary for a project 
study within the boundaries of a State, the State, consistent 
with State law, may choose to participate in the process and 
to make subject to the process all State agencies that— 
‘‘(A) have jurisdiction over the project; 
‘‘(B) are required to conduct or issue a review, analysis, 
opinion, or statement for the project study; or 
‘‘(C) are required to make a determination on issuing 
a permit, license, or other approval or decision for the 
project study. 
‘‘(3) INVITATION.— 
‘‘(A) IN
GENERAL.—The Federal lead agency shall 
invite, as early as practicable in the environmental review 
process, any agency identified under paragraph (1) to 
become a participating or cooperating agency, as applicable, 
in the environmental review process for the project study. 
‘‘(B) DEADLINE.—An invitation to participate issued 
under subparagraph (A) shall set a deadline by which 
a response to the invitation shall be submitted, which
H. R. 3080—11 
may be extended by the Federal lead agency for good 
cause. 
‘‘(4) PROCEDURES.—Section 1501.6 of title 40, Code of Fed-
eral Regulations (as in effect on the date of enactment of 
the Water Resources Reform and Development Act of 2014) 
shall govern the identification and the participation of a cooper-
ating agency. 
‘‘(5) FEDERAL COOPERATING AGENCIES.—Any Federal agency 
that is invited by the Federal lead agency to participate in 
the environmental review process for a project study shall 
be designated as a cooperating agency by the Federal lead 
agency unless the invited agency informs the Federal lead 
agency, in writing, by the deadline specified in the invitation 
that the invited agency— 
‘‘(A)(i)(I) has no jurisdiction or authority with respect 
to the project; 
‘‘(II) has no expertise or information relevant to 
the project; or 
‘‘(III) does not have adequate funds to participate 
in the project; and 
‘‘(ii) does not intend to submit comments on the project; 
or 
‘‘(B) does not intend to submit comments on the project. 
‘‘(6) ADMINISTRATION.—A participating or cooperating 
agency shall comply with this section and any schedule estab-
lished under this section. 
‘‘(7) EFFECT OF DESIGNATION.—Designation as a partici-
pating or cooperating agency under this subsection shall not 
imply that the participating or cooperating agency— 
‘‘(A) supports a proposed project; or 
‘‘(B) has any jurisdiction over, or special expertise with 
respect to evaluation of, the project. 
‘‘(8) CONCURRENT REVIEWS.—Each participating or cooper-
ating agency shall— 
‘‘(A) carry out the obligations of that agency under 
other applicable law concurrently and in conjunction with 
the required environmental review process, unless doing 
so would prevent the participating or cooperating agency 
from conducting needed analysis or otherwise carrying out 
those obligations; and 
‘‘(B) formulate and implement administrative, policy, 
and procedural mechanisms to enable the agency to ensure 
completion of the environmental review process in a timely, 
coordinated, and environmentally responsible manner. 
‘‘(f) PROGRAMMATIC COMPLIANCE.— 
‘‘(1) IN
GENERAL.—The Secretary shall issue guidance 
regarding the use of programmatic approaches to carry out 
the environmental review process that— 
‘‘(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 coordinating with 
participating and cooperating agencies, including the cre-
ation of a list of all data that is needed to carry out 
an environmental review process; and 
‘‘(D) complies with—
H. R. 3080—12 
‘‘(i) the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.); and 
‘‘(ii) all other applicable laws. 
‘‘(2) REQUIREMENTS.—In carrying out paragraph (1), the 
Secretary shall— 
‘‘(A) as the first step in drafting guidance under that 
paragraph, consult with relevant Federal, State, and local 
governmental agencies, Indian tribes, and the public on 
the appropriate use and scope of the programmatic 
approaches; 
‘‘(B) emphasize the importance of collaboration among 
relevant Federal, State, and local governmental agencies, 
and Indian tribes in undertaking programmatic reviews, 
especially with respect to including reviews with a broad 
geographical scope; 
‘‘(C) ensure that the programmatic reviews— 
‘‘(i) promote transparency, including of the anal-
yses and data used in the environmental review 
process, the treatment of any deferred issues raised 
by Federal, State, and local governmental agencies, 
Indian tribes, or the public, and the temporal and 
special scales to be used to analyze those issues; 
‘‘(ii) use accurate and timely information in the 
environmental review process, including— 
‘‘(I) criteria for determining the general dura-
tion of the usefulness of the review; and 
‘‘(II) the timeline for updating any out-of-date 
review; 
‘‘(iii) describe— 
‘‘(I) the relationship between programmatic 
analysis and future tiered analysis; and 
‘‘(II) the role of the public in the creation of 
future tiered analysis; and 
‘‘(iv) are available to other relevant Federal, State, 
and local governmental 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 subpara-
graph (D). 
‘‘(g) COORDINATED REVIEWS.— 
‘‘(1) COORDINATION PLAN.— 
‘‘(A) ESTABLISHMENT.— 
‘‘(i) IN GENERAL.—The Federal lead agency shall, 
after consultation with and with the concurrence of 
each participating and cooperating agency and the 
project sponsor or joint lead agency, as applicable, 
establish a plan for coordinating public and agency 
participation in, and comment on, the environmental 
review process for a project study or a category of 
project studies. 
‘‘(ii) INCORPORATION.—The plan established under 
clause (i) shall be incorporated into the project schedule 
milestones set under section 905(g)(2) of the Water 
Resources Development Act of 1986 (33 U.S.C. 
2282(g)(2)). 
‘‘(B) SCHEDULE.—
H. R. 3080—13 
‘‘(i) IN GENERAL.—As soon as practicable but not 
later than 45 days after the close of the public comment 
period on a draft environmental impact statement, the 
Federal lead agency, after consultation with and the 
concurrence of each participating and cooperating 
agency and the project sponsor or joint lead agency, 
as applicable, shall establish, as part of the coordina-
tion plan established in subparagraph (A), a schedule 
for completion of the environmental review process 
for the project study. 
‘‘(ii) FACTORS FOR CONSIDERATION.—In establishing 
a schedule, the Secretary shall consider factors such 
as— 
‘‘(I) the responsibilities of participating and 
cooperating agencies under applicable laws; 
‘‘(II) the resources available to the project 
sponsor, joint lead agency, and other relevant Fed-
eral and State agencies, as applicable; 
‘‘(III) the overall size and complexity of the 
project; 
‘‘(IV) the overall schedule for and cost of the 
project; and 
‘‘(V) the sensitivity of the natural and histor-
ical resources that could be affected by the project. 
‘‘(iii) MODIFICATIONS.—The Secretary may— 
‘‘(I) lengthen a schedule established under 
clause (i) for good cause; and 
‘‘(II) shorten a schedule only with concurrence 
of the affected participating and cooperating agen-
cies and the project sponsor or joint lead agency, 
as applicable. 
‘‘(iv) DISSEMINATION.—A copy of a schedule estab-
lished under clause (i) shall be— 
‘‘(I) provided to each participating and cooper-
ating agency and the project sponsor or joint lead 
agency, as applicable; and 
‘‘(II) made available to the public. 
‘‘(2) COMMENT DEADLINES.—The Federal lead agency shall 
establish the following deadlines for comment during the 
environmental review process for a project study: 
‘‘(A) DRAFT ENVIRONMENTAL IMPACT STATEMENTS.—For 
comments by Federal and States agencies and the public 
on a draft environmental impact statement, a period of 
not more than 60 days after publication in the Federal 
Register of notice of the date of public availability of the 
draft environmental impact statement, unless— 
‘‘(i) a different deadline is established by agree-
ment of the Federal lead agency, the project sponsor 
or joint lead agency, as applicable, and all participating 
and cooperating agencies; or 
‘‘(ii) the deadline is extended by the Federal lead 
agency for good cause. 
‘‘(B) OTHER ENVIRONMENTAL REVIEW PROCESSES.—For 
all other comment periods established by the Federal lead 
agency for agency or public comments in the environmental 
review process, a period of not more than 30 days after
H. R. 3080—14 
the date on which the materials on which comment is 
requested are made available, unless— 
‘‘(i) a different deadline is established by agree-
ment of the Federal lead agency, the project sponsor, 
or joint lead agency, as applicable, and all participating 
and cooperating agencies; or 
‘‘(ii) the deadline is extended by the Federal 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 study, including the issuance or denial of a permit 
or license, is required to be made by the date described in 
subsection (h)(5)(B)(ii), the Secretary shall submit to the Com-
mittee on Environment and Public Works of the Senate and 
the Committee on Transportation and Infrastructure of the 
House of Representatives— 
‘‘(A) as soon as practicable after the 180-day period 
described in subsection (h)(5)(B)(ii), an initial notice of 
the failure of the Federal agency to make the decision; 
and 
‘‘(B) every 60 days thereafter until such date as all 
decisions of the Federal agency relating to the project study 
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 sub-
section reduces any time period provided for public comment 
in the environmental review process under applicable Federal 
law (including regulations). 
‘‘(5) TRANSPARENCY REPORTING.— 
‘‘(A) REPORTING REQUIREMENTS.—Not later than 1 year 
after the date of enactment of the Water Resources Reform 
and Development Act of 2014, the Secretary shall establish 
and maintain an electronic database and, in coordination 
with other Federal and State agencies, issue reporting 
requirements to make publicly available the status and 
progress with respect to compliance with applicable require-
ments of the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et. seq.) and any other Federal, State, 
or local approval or action required for a project study 
for which this section is applicable. 
‘‘(B) PROJECT STUDY TRANSPARENCY.—Consistent with 
the requirements established under subparagraph (A), the 
Secretary shall publish the status and progress of any 
Federal, State, or local decision, action, or approval 
required under applicable laws for each project study for 
which this section is applicable. 
‘‘(h) ISSUE IDENTIFICATION AND RESOLUTION.— 
‘‘(1) COOPERATION.—The Federal lead agency, the cooper-
ating agencies, and any participating agencies shall work 
cooperatively in accordance with this section to identify and 
resolve issues that could delay completion of the environmental 
review process or result in the denial of any approval required 
for the project study under applicable laws. 
‘‘(2) FEDERAL LEAD AGENCY RESPONSIBILITIES.—
H. R. 3080—15 
‘‘(A) IN GENERAL.—The Federal 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 resources located within the project area 
and the general locations of the alternatives under consid-
eration. 
‘‘(B) DATA SOURCES.—The information under subpara-
graph (A) may be based on existing data sources, including 
geographic information systems mapping. 
‘‘(3) COOPERATING AND PARTICIPATING AGENCY RESPONSIBIL-
ITIES.—Based on information received from the Federal lead 
agency, cooperating and participating agencies shall identify, 
as early as practicable, any issues of concern regarding the 
potential environmental or socioeconomic impacts of the project, 
including any issues that could substantially delay or prevent 
an agency from granting a permit or other approval that is 
needed for the project study. 
‘‘(4) ACCELERATED ISSUE RESOLUTION AND ELEVATION.— 
‘‘(A) IN GENERAL.—On the request of a participating 
or cooperating agency or project sponsor, the Secretary 
shall convene an issue resolution meeting with the relevant 
participating and cooperating agencies and the project 
sponsor or joint lead agency, as applicable, to resolve issues 
that may— 
‘‘(i) delay completion of the environmental review 
process; or 
‘‘(ii) result in denial of any approval required for 
the project study under applicable laws. 
‘‘(B) MEETING DATE.—A meeting requested under this 
paragraph 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 deadline. 
‘‘(C) NOTIFICATION.—On receipt of a request for a 
meeting under this paragraph, the Secretary shall notify 
all relevant participating and cooperating agencies of the 
request, including the issue to be resolved and the date 
for the meeting. 
‘‘(D) ELEVATION OF ISSUE RESOLUTION.—If a resolution 
cannot be achieved within the 30 day-period beginning 
on the date of a meeting under this paragraph and a 
determination is made by the Secretary that all information 
necessary to resolve the issue has been obtained, the Sec-
retary shall forward the dispute to the heads of the relevant 
agencies for resolution. 
‘‘(E) CONVENTION BY SECRETARY.—The Secretary may 
convene an issue resolution meeting under this paragraph 
at any time, at the discretion of the Secretary, regardless 
of whether a meeting is requested under subparagraph 
(A). 
‘‘(5) FINANCIAL PENALTY PROVISIONS.— 
‘‘(A) IN GENERAL.—A Federal jurisdictional agency shall 
complete any required approval or decision for the environ-
mental review process on an expeditious basis using the 
shortest existing applicable process. 
‘‘(B) FAILURE TO DECIDE.—
H. R. 3080—16 
‘‘(i) IN GENERAL.—If a Federal jurisdictional agency 
fails to render a decision required under any Federal 
law relating to a project study that requires the 
preparation 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 agency shall 
be reduced by an amount of funding equal to the 
amounts specified in subclause (I) or (II) and those 
funds shall be made available to the division of the 
Federal jurisdictional agency charged with rendering 
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 project study requiring 
the preparation of an environmental assessment 
or environmental impact statement; or 
‘‘(II) $10,000 for any project study requiring 
any type of review under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
other than an environmental 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 project under the National 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 project 
study shall exceed, in any fiscal year, an amount equal 
to 1 percent of the funds made available for the 
applicable agency office. 
‘‘(ii) FAILURE TO DECIDE.—The total amount trans-
ferred in a fiscal year as a result of a failure by 
an agency to make a decision 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 the Water Resources 
Reform and Development Act of 2014 and any other 
Federal law as a result of a failure of the agency 
to make a decision by an applicable deadline for 
environmental review, including the total amount 
transferred under this paragraph, shall not exceed an 
amount equal to 9.5 percent of the funds made avail-
able for the agency office for that fiscal year.
H. R. 3080—17 
‘‘(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 subparagraph (A) notifies, with a sup-
porting explanation, the Federal lead agency, cooper-
ating agencies, and project sponsor, as applicable, 
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 project, 
requires additional analysis for the agency to make 
a decision on the project application; or 
‘‘(III) the agency lacks the financial resources 
to complete the review under the scheduled time 
frame, including a description of the number of 
full-time employees required to complete the 
review, the amount of funding required to complete 
the review, and a justification as to why not 
enough funding is available to complete the review 
by the deadline. 
‘‘(ii) LACK OF FINANCIAL RESOURCES.—If the agency 
provides notice under clause (i)(III), the Inspector Gen-
eral 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 Environ-
ment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure 
of the House of Representatives 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 office, to reimburse that office for the loss 
of the funds. 
‘‘(F) EFFECT
OF
PARAGRAPH.—Nothing in this para-
graph affects or limits the application of, or obligation 
to comply with, any Federal, State, local, or tribal law. 
‘‘(i) MEMORANDUM
OF AGREEMENTS
FOR EARLY COORDINA-
TION.— 
‘‘(1) SENSE OF CONGRESS.—It is the sense of Congress that— 
‘‘(A) the Secretary and other Federal agencies with 
relevant jurisdiction in the environmental review process 
should cooperate with each other, State agencies, and 
Indian tribes on environmental review and project delivery 
activities at the earliest practicable time to avoid delays 
and duplication of effort later in the process, prevent poten-
tial conflicts, and ensure that planning and project develop-
ment decisions reflect environmental values; and
H. R. 3080—18 
‘‘(B) the cooperation referred to in subparagraph (A) 
should include the development of policies and the designa-
tion of staff that advise planning agencies and project 
sponsors of 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 project sponsor, the Secretary and other Federal 
agencies with relevant jurisdiction in the environmental review 
process, shall, to the maximum extent practicable and appro-
priate, as determined by the agencies, provide technical assist-
ance to the State or project sponsor in carrying out early 
coordination activities. 
‘‘(3) MEMORANDUM OF AGENCY AGREEMENT.—If requested 
at any time by a State or project sponsor, the Federal lead 
agency, in consultation with other Federal agencies with rel-
evant jurisdiction in the environmental review process, may 
establish memoranda of agreement with the project sponsor, 
Indian tribe, State and local governments, and other appro-
priate entities to carry out the early coordination activities, 
including providing technical assistance in identifying potential 
impacts and mitigation issues in an integrated fashion. 
‘‘(j) LIMITATIONS.—Nothing in this section preempts or inter-
feres with— 
‘‘(1) any obligation to comply with the provisions of any 
Federal law, including— 
‘‘(A) the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.); and 
‘‘(B) any other Federal environmental law; 
‘‘(2) the reviewability of any final Federal agency action 
in a court of the United States or in the court of any State; 
‘‘(3) any requirement for seeking, considering, or responding 
to public comment; or 
‘‘(4) any power, jurisdiction, responsibility, duty, or 
authority that a Federal, State, or local governmental agency, 
Indian tribe, or project sponsor has with respect to carrying 
out a project or any other provision of law applicable to projects. 
‘‘(k) TIMING OF CLAIMS.— 
‘‘(1) TIMING.— 
‘‘(A) IN GENERAL.—Notwithstanding any other provi-
sion of law, a claim arising under Federal law seeking 
judicial review of a permit, license, or other approval issued 
by a Federal agency for a project study shall be barred 
unless the claim is filed not later than 3 years after publica-
tion of a notice in the Federal Register announcing that 
the permit, license, or other approval is final pursuant 
to the law under which the agency action is taken, unless 
a shorter time is specified in the Federal law that allows 
judicial review. 
‘‘(B) APPLICABILITY.—Nothing in this subsection creates 
a right to judicial review or places any limit on filing 
a claim that a person has violated the terms of a permit, 
license, or other approval. 
‘‘(2) NEW INFORMATION.— 
‘‘(A) IN GENERAL.—The Secretary shall consider new 
information received after the close of a comment period
H. R. 3080—19 
if the information satisfies the requirements for a supple-
mental environmental impact statement under title 40, 
Code of Federal Regulations (including successor regula-
tions). 
‘‘(B) SEPARATE ACTION.—The preparation of a supple-
mental environmental impact statement or other environ-
mental document, if required under this section, shall be 
considered a separate final agency action and the deadline 
for filing a claim for judicial review of the action shall 
be 3 years after the date of publication of a notice in 
the Federal Register announcing the action relating to 
such supplemental environmental impact statement or 
other environmental document. 
‘‘(l) CATEGORICAL EXCLUSIONS.— 
‘‘(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of the Water Resources Reform and Development 
Act of 2014, the Secretary shall— 
‘‘(A) survey the use by the Corps of Engineers of cat-
egorical exclusions in projects since 2005; 
‘‘(B) publish a review of the survey that includes a 
description of— 
‘‘(i) the types of actions that were categorically 
excluded or could be the basis for developing a new 
categorical exclusion; and 
‘‘(ii) any requests previously received by the Sec-
retary for new categorical exclusions; and 
‘‘(C) solicit requests from other Federal agencies and 
project sponsors for new categorical exclusions. 
‘‘(2) NEW CATEGORICAL EXCLUSIONS.—Not later than 1 year 
after the date of enactment of the Water Resources Reform 
and Development Act of 2014, if the Secretary has identified 
a category of activities that merit establishing a categorical 
exclusion that did not exist on the day before the date of 
enactment of the Water Resources Reform and Development 
Act of 2014 based on the review under paragraph (1), the 
Secretary shall publish a notice of proposed rulemaking to 
propose that new categorical exclusion, to the extent that the 
categorical exclusion meets the criteria for a categorical exclu-
sion under section 1508.4 of title 40, Code of Federal Regula-
tions (or successor regulation). 
‘‘(m) REVIEW OF PROJECT ACCELERATION REFORMS.— 
‘‘(1) IN GENERAL.—The Comptroller General of the United 
States shall— 
‘‘(A) assess the reforms carried out under this section; 
and 
‘‘(B) not later than 5 years and not later than 10 
years after the date of enactment of the Water Resources 
Reform and Development Act of 2014, submit to the Com-
mittee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure 
of the House of Representatives a report that describes 
the results of the assessment. 
‘‘(2) CONTENTS.—The reports under paragraph (1) shall 
include an evaluation of impacts of the reforms carried out 
under this section on— 
‘‘(A) project delivery; 
‘‘(B) compliance with environmental laws; and
H. R. 3080—20 
‘‘(C) the environmental impact of projects. 
‘‘(n) PERFORMANCE MEASUREMENT.—The Secretary shall estab-
lish a program to measure and report on progress made toward 
improving and expediting the planning and environmental review 
process. 
‘‘(o) IMPLEMENTATION GUIDANCE.—The Secretary 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 project, guidance documents that 
describe the coordinated environmental review processes that the 
Secretary intends to use to implement this section for the planning 
of projects, in accordance with the civil works program of the 
Corps of Engineers and all applicable law.’’. 
(2) CLERICAL AMENDMENT.—The table of contents contained 
in section 1(b) of the Water Resources Development Act of 
2007 (121 Stat. 1042) is amended by striking the item relating 
to section 2045 and inserting the following: 
‘‘Sec. 2045. Project acceleration.’’. 
(b) CATEGORICAL EXCLUSIONS IN EMERGENCIES.—For the repair, 
reconstruction, or rehabilitation of a water resources project that 
is in operation or under construction when damaged by an event 
or incident that results in a declaration by the President of a 
major disaster or emergency pursuant to the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.), the Secretary shall treat such repair, reconstruction, or 
rehabilitation activity as a class of action categorically excluded 
from the requirements relating to environmental assessments or 
environmental impact statements under section 1508.4 of title 40, 
Code of Federal Regulations (or successor regulations), if the repair 
or reconstruction activity is— 
(1) in the same location with the same capacity, dimensions, 
and design as the original water resources project as before 
the declaration described in this section; and 
(2) commenced within a 2-year period beginning on the 
date of a declaration described in this subsection. 
SEC. 1006. EXPEDITING THE EVALUATION AND PROCESSING OF PER-
MITS. 
Section 214 of the Water Resources Development Act of 2000 
(Public Law 106–541; 33 U.S.C. 2201 note) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘(a) IN GENERAL.—The Secretary’’ and 
inserting the following: 
‘‘(a) FUNDING TO PROCESS PERMITS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) NATURAL GAS COMPANY.—The term ‘natural gas 
company’ has the meaning given the term in section 1262 
of the Public Utility Holding Company Act of 2005 (42 
U.S.C. 16451), except that the term also includes a person 
engaged in the transportation of natural gas in intrastate 
commerce. 
‘‘(B) PUBLIC-UTILITY
COMPANY.—The term ‘public- 
utility company’ has the meaning given the term in section 
1262 of the Public Utility Holding Company Act of 2005 
(42 U.S.C. 16451). 
‘‘(2) PERMIT PROCESSING.—The Secretary’’;
H. R. 3080—21 
(B) in paragraph (2) (as so designated)— 
(i) by inserting ‘‘or a public-utility company or 
natural gas company’’ after ‘‘non-Federal public entity’’; 
and 
(ii) by inserting ‘‘or company’’ after ‘‘that entity’’; 
and 
(C) by adding at the end the following: 
‘‘(3) LIMITATION
FOR
PUBLIC-UTILITY
AND
NATURAL
GAS 
COMPANIES.—The authority provided under paragraph (2) to 
a public-utility company or natural gas company shall expire 
on the date that is 7 years after the date of enactment of 
this paragraph. 
‘‘(4) EFFECT ON OTHER ENTITIES.—To the maximum extent 
practicable, the Secretary shall ensure that expediting the 
evaluation of a permit through the use of funds accepted and 
expended under this section does not adversely affect the 
timeline for evaluation (in the Corps district in which the 
project or activity is located) of permits under the jurisdiction 
of the Department of the Army of other entities that have 
not contributed funds under this section. 
‘‘(5) GAO STUDY.—Not later than 4 years after the date 
of enactment of this paragraph, the Comptroller General of 
the United States shall carry out a study of the implementation 
by the Secretary of the authority provided under paragraph 
(2) to public-utility companies and natural gas companies.’’; 
and 
(2) by striking subsections (d) and (e) and inserting the 
following: 
‘‘(d) PUBLIC AVAILABILITY.— 
‘‘(1) IN GENERAL.—The Secretary shall ensure that all final 
permit decisions carried out using funds authorized under this 
section are made available to the public in a common format, 
including on the Internet, and in a manner that distinguishes 
final permit decisions under this section from other final actions 
of the Secretary. 
‘‘(2) DECISION DOCUMENT.—The Secretary shall— 
‘‘(A) use a standard decision document for evaluating 
all permits using funds accepted under this section; and 
‘‘(B) make the standard decision document, along with 
all final permit decisions, available to the public, including 
on the Internet. 
‘‘(3) AGREEMENTS.—The Secretary shall make all active 
agreements to accept funds under this section available on 
a single public Internet site. 
‘‘(e) REPORTING.— 
‘‘(1) IN GENERAL.—The Secretary shall prepare an annual 
report on the implementation of this section, which, at a min-
imum, shall include for each district of the Corps of Engineers 
that accepts funds under this section— 
‘‘(A) a comprehensive list of any funds accepted under 
this section during the previous fiscal year; 
‘‘(B) a comprehensive list of the permits reviewed and 
approved using funds accepted under this section during 
the previous fiscal year, including a description of the 
size and type of resources impacted and the mitigation 
required for each permit; and
H. R. 3080—22 
‘‘(C) a description of the training offered in the previous 
fiscal year for employees that is funded in whole or in 
part with funds accepted under this section. 
‘‘(2) SUBMISSION.—Not later than 90 days after the end 
of each fiscal year, the Secretary shall— 
‘‘(A) 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 the annual report described in paragraph (1); 
and 
‘‘(B) make each report received under subparagraph 
(A) available on a single publicly accessible Internet site.’’. 
SEC. 1007. EXPEDITING APPROVAL OF MODIFICATIONS AND ALTER-
ATIONS OF PROJECTS BY NON-FEDERAL INTERESTS. 
(a) SECTION 14 APPLICATION DEFINED.—In this section, the 
term ‘‘section 14 application’’ means an application submitted by 
an applicant to the Secretary requesting permission for the tem-
porary occupation or use of a public work, or the alteration or 
permanent occupation or use of a public work, under section 14 
of the Act of March 3, 1899 (commonly known as the ‘‘Rivers 
and Harbors Appropriation Act of 1899’’) (33 U.S.C. 408). 
(b) REVIEW.—Not later than 1 year after the date of enactment 
of this Act, the Secretary, after providing notice and an opportunity 
for comment, shall establish a process for the review of section 
14 applications in a timely and consistent manner. 
(c) BENCHMARK GOALS.— 
(1) ESTABLISHMENT OF BENCHMARK GOALS.—In carrying out 
subsection (b), the Secretary shall— 
(A) establish benchmark goals for determining the 
amount of time it should take the Secretary to determine 
whether a section 14 application is complete; 
(B) establish benchmark goals for determining the 
amount of time it should take the Secretary to approve 
or disapprove a section 14 application; and 
(C) to the extent practicable, use such benchmark goals 
to make a decision on section 14 applications in a timely 
and consistent manner. 
(2) BENCHMARK GOALS.— 
(A) BENCHMARK
GOALS
FOR
DETERMINING
WHETHER 
SECTION 14 APPLICATIONS ARE COMPLETE.—To the extent 
practicable, the benchmark goals established under para-
graph (1) shall provide that— 
(i) the Secretary reach a decision on whether a 
section 14 application is complete not later than 15 
days after the date of receipt of the application; and 
(ii) if the Secretary determines that a section 14 
application is not complete, the Secretary promptly 
notify the applicant of the specific information that 
is missing or the analysis that is needed to complete 
the application. 
(B) BENCHMARK
GOALS
FOR
REVIEWING
COMPLETED 
APPLICATIONS.—To the extent practicable, the benchmark 
goals established under paragraph (1) shall provide that— 
(i) the Secretary generally approve or disapprove 
a completed section 14 application not later than 45
H. R. 3080—23 
days after the date of receipt of the completed applica-
tion; and 
(ii) in a case in which the Secretary determines 
that additional time is needed to review a completed 
section 14 application due to the type, size, cost, com-
plexity, or impacts of the actions proposed in the 
application, the Secretary generally approve or dis-
approve the application not later than 180 days after 
the date of receipt of the completed application. 
(3) NOTICE.—In any case in which the Secretary determines 
that it will take the Secretary more than 45 days to review 
a completed section 14 application, the Secretary shall— 
(A) provide written notification to the applicant; and 
(B) include in the written notice a best estimate of 
the Secretary as to the amount of time required for comple-
tion of the review. 
(d) FAILURE TO ACHIEVE BENCHMARK GOALS.—In any case in 
which the Secretary fails make a decision on a section 14 application 
in accordance with the process established under this section, the 
Secretary shall provide written notice to the applicant, including 
a detailed description of— 
(1) why the Secretary failed to make a decision in accord-
ance with such process; 
(2) the additional actions required before the Secretary 
will issue a decision; and 
(3) the amount of time the Secretary will require to issue 
a decision. 
(e) NOTIFICATION.— 
(1) SUBMISSION TO CONGRESS.—The Secretary shall provide 
a copy of any written notice provided under subsection (d) 
to the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infrastruc-
ture of the House of Representatives. 
(2) PUBLIC
AVAILABILITY.—The Secretary shall maintain 
a publicly available database, including on the Internet, on— 
(A) all section 14 applications received by the Sec-
retary; and 
(B) the current status of such applications. 
SEC. 1008. EXPEDITING HYDROPOWER AT CORPS OF ENGINEERS 
FACILITIES. 
(a) 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, including locks and 
dams, shall be given priority; 
(2) Corps of Engineers approval of non-Federal hydro-
electric power at Corps of Engineers civil works 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 Engineers civil 
works projects shall in no way diminish the other priorities 
and missions of the Corps of Engineers, including authorized 
project purposes and habitat and environmental protection. 
(b) REPORT.—Not later than 2 years after the date of enactment 
of this Act and biennially thereafter, the Secretary shall submit
H. R. 3080—24 
to the Committee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure of the 
House of Representatives and make publicly available a report 
that, at a minimum, shall include— 
(1) a description of initiatives carried out by the Secretary 
to encourage the development of hydroelectric power by non- 
Federal entities at Corps of Engineers civil works projects; 
(2) a list of all new hydroelectric power activities by non- 
Federal entities approved at Corps of Engineers civil works 
projects in that fiscal year, including the length of time the 
Secretary needed to approve those activities; 
(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 environ-
ment, recreation, or other uses associated with Corps of Engi-
neers 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 hydro-
power projects at Corps of Engineers civil works projects. 
SEC. 1009. ENHANCED USE OF ELECTRONIC COMMERCE IN FEDERAL 
PROCUREMENT. 
(a) REPORT.—Not later than 180 days after the date of enact-
ment 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 Representa-
tives and make publicly available a report describing the actions 
of the Secretary in carrying out section 2301 of title 41, United 
States Code, regarding the use of electronic commerce in Federal 
procurement. 
(b) CONTENTS.—The report submitted under subsection (a) shall 
include, with respect to the 2 fiscal years most recently ended 
before the fiscal year in which the report is submitted— 
(1) an identification of the number, type, and dollar value 
of procurement solicitations with respect to which the public 
was permitted to respond to the solicitation electronically, 
which shall differentiate between solicitations that allowed full 
or partial electronic submission; 
(2) an analysis of the information provided under paragraph 
(1) and actions that could be taken by the Secretary to refine 
and improve the use of electronic submission for procurement 
solicitation responses; 
(3) an analysis of the potential benefits of and obstacles 
to full implementation of electronic submission for procurement 
solicitation responses, including with respect to cost savings, 
error reduction, paperwork reduction, increased bidder partici-
pation, and competition, and expanded use of electronic bid 
data collection for cost-effective contract management and 
timely reporting; and 
(4) an analysis of the options and technologies available 
to facilitate expanded implementation of electronic submission 
for procurement solicitation responses and the suitability of 
each option and technology for contracts of various types and 
sizes.
H. R. 3080—25 
SEC. 1010. DETERMINATION OF PROJECT COMPLETION. 
(a) IN GENERAL.—The Secretary shall notify the applicable 
non-Federal interest when construction of a water resources project 
or a functional portion of the project is completed so the non- 
Federal interest may commence responsibilities, as applicable, for 
operating and maintaining the project. 
(b) NON-FEDERAL INTEREST APPEAL OF DETERMINATION.— 
(1) IN GENERAL.—Not later than 7 days after receiving 
a notification under subsection (a), the non-Federal interest 
may appeal the completion determination of the Secretary in 
writing with a detailed explanation of the basis for questioning 
the completeness 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 contract 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). 
SEC. 1011. PRIORITIZATION. 
(a) PRIORITIZATION OF HURRICANE AND STORM DAMAGE RISK 
REDUCTION EFFORTS.— 
(1) PRIORITY.—For authorized projects and ongoing feasi-
bility studies with a primary purpose of hurricane and storm 
damage risk reduction, the Secretary shall give funding priority 
to projects and ongoing studies that— 
(A) address an imminent threat to life and property; 
(B) prevent storm surge from inundating populated 
areas; 
(C) prevent the loss of coastal wetlands that help 
reduce the impact of storm surge; 
(D) protect emergency hurricane evacuation routes or 
shelters; 
(E) prevent adverse impacts to publicly owned or 
funded infrastructure and assets; 
(F) minimize disaster relief costs to the Federal 
Government; and 
(G) address hurricane and storm damage risk reduction 
in an area for which the President declared a major disaster 
in accordance with section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170). 
(2) EXPEDITED CONSIDERATION OF CURRENTLY AUTHORIZED 
PROJECTS.—Not later than 180 days after the date of enactment 
of this Act, the Secretary shall— 
(A) 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 list of all—
H. R. 3080—26 
(i) ongoing hurricane and storm damage reduction 
feasibility studies that have signed feasibility cost- 
share agreements and have received Federal funds 
since 2009; and 
(ii) authorized hurricane and storm damage reduc-
tion projects that— 
(I) have been authorized for more than 20 
years but are less than 75 percent complete; or 
(II) 
are 
undergoing 
a 
post-authorization 
change report, general reevaluation report, or lim-
ited reevaluation report; 
(B) identify those projects on the list required under 
subparagraph (A) that meet the criteria described in para-
graph (1); and 
(C) provide a plan for expeditiously completing the 
projects identified under subparagraph (B), subject to avail-
able funding. 
(b) PRIORITIZATION OF ECOSYSTEM RESTORATION EFFORTS.—For 
authorized projects with a primary purpose of ecosystem restoration, 
the Secretary shall give funding priority to projects— 
(1) that— 
(A) address an identified threat to public health, safety, 
or welfare; 
(B) preserve or restore ecosystems of national signifi-
cance; or 
(C) preserve or restore habitats of importance for feder-
ally protected species, including migratory birds; and 
(2) for which the restoration activities will contribute to 
other ongoing or planned Federal, State, or local restoration 
initiatives. 
SEC. 1012. TRANSPARENCY IN ACCOUNTING AND ADMINISTRATIVE 
EXPENSES. 
(a) IN GENERAL.—On the request of a non-Federal interest, 
the Secretary shall provide to the non-Federal interest 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 adminis-
trative processes that will increase the efficiency of the Corps 
of Engineers project delivery. 
SEC. 1013. EVALUATION OF PROJECT PARTNERSHIP AGREEMENTS. 
(a) IN
GENERAL.—The Secretary shall contract with the 
National Academy of Public Administration to carry out a com-
prehensive review of the process for preparing, negotiating, and 
approving Project Partnership Agreements and the Project Partner-
ship Agreement template, which shall include— 
(1) an evaluation of the process for preparing, negotiating, 
and approving Project Partnership Agreements, as in effect 
on the day before the date of enactment of this Act, including
H. R. 3080—27 
suggested modifications to the process provided by non-Federal 
interests; and 
(2) recommendations based on the evaluation under para-
graph (1) to improve the Project Partnership Agreement tem-
plate and the process for preparing, negotiating, and approving 
Project Partnership Agreements. 
(b) SUBMISSION TO CONGRESS.— 
(1) IN GENERAL.—The Secretary shall submit the findings 
of the National Academy of Public Administration to the Com-
mittee on Environment and Public Works of the Senate and 
the Committee on Transportation and Infrastructure of the 
House of Representatives. 
(2) REPORT.—Not later than 180 days after the date on 
which the findings are received under paragraph (1), 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 
detailed response, including any recommendations the Sec-
retary plans to implement, on the process for preparing, negoti-
ating, and approving Project Partnership Agreements and the 
Project Partnership Agreement template. 
SEC. 1014. STUDY AND CONSTRUCTION OF WATER RESOURCES 
DEVELOPMENT PROJECTS BY NON-FEDERAL INTERESTS. 
(a) STUDIES.—Section 203 of the Water Resources Development 
Act of 1986 (33 U.S.C. 2231) is amended to read as follows: 
‘‘SEC. 203. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS 
BY NON-FEDERAL INTERESTS. 
‘‘(a) SUBMISSION TO SECRETARY.— 
‘‘(1) IN GENERAL.—A non-Federal interest may undertake 
a feasibility study of a proposed water resources development 
project and submit the study to the Secretary. 
‘‘(2) GUIDELINES.—To assist non-Federal interests, the Sec-
retary, as soon as practicable, shall issue guidelines for feasi-
bility studies of water resources development projects to provide 
sufficient information for the formulation of the studies. 
‘‘(b) REVIEW BY SECRETARY.—The Secretary shall review each 
feasibility study received under subsection (a)(1) for the purpose 
of determining whether or not the study, and the process under 
which the study was developed, each comply with Federal laws 
and regulations applicable to feasibility studies of water resources 
development projects. 
‘‘(c) SUBMISSION TO CONGRESS.—Not later than 180 days after 
the date of receipt of a feasibility study of a project under subsection 
(a)(1), 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 Representatives a report 
that describes— 
‘‘(1) the results of the Secretary’s review of the study under 
subsection (b), including a determination of whether the project 
is feasible; 
‘‘(2) any recommendations the Secretary may have con-
cerning the plan or design of the project; and 
‘‘(3) any conditions the Secretary may require for construc-
tion of the project. 
‘‘(d) CREDIT.—If a project for which a feasibility study has 
been submitted under subsection (a)(1) is authorized by a Federal
H. R. 3080—28 
law enacted after the date of the submission to Congress under 
subsection (c), the Secretary shall credit toward the non-Federal 
share of the cost of construction of the project an amount equal 
to the portion of the cost of developing the study that would have 
been the responsibility of the United States if the study had been 
developed by the Secretary.’’. 
(b) CONSTRUCTION.— 
(1) IN
GENERAL.—Section 204 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2232) is amended to read 
as follows: 
‘‘SEC. 204. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT 
PROJECTS BY NON-FEDERAL INTERESTS. 
‘‘(a) WATER RESOURCES DEVELOPMENT PROJECT DEFINED.—In 
this section, the term ‘water resources development project’ means 
a project recommendation that results from— 
‘‘(1) a feasibility report, as such term is defined in section 
7001(f) of the Water Resources Reform and Development Act 
of 2014; 
‘‘(2) a completed feasibility study developed under section 
203; or 
‘‘(3) a final feasibility study for water resources develop-
ment and conservation and other purposes that is specifically 
authorized by Congress to be carried out by the Secretary. 
‘‘(b) AUTHORITY.— 
‘‘(1) IN GENERAL.—A non-Federal interest may carry out 
a water resources development project, or separable element 
thereof— 
‘‘(A) in accordance with a plan approved by the Sec-
retary for the project or separable element; and 
‘‘(B) subject to any conditions that the Secretary may 
require, including any conditions specified under section 
203(c)(3). 
‘‘(2) CONDITIONS.—Before carrying out a water resources 
development project, or separable element thereof, under this 
section, a non-Federal interest shall— 
‘‘(A) obtain any permit or approval required in connec-
tion with the project or separable element under Federal 
or State law; and 
‘‘(B) ensure that a final environmental impact state-
ment or environmental assessment, as appropriate, for the 
project or separable element has been filed. 
‘‘(c) STUDIES AND ENGINEERING.—When requested by an appro-
priate non-Federal interest, the Secretary may undertake all nec-
essary studies and engineering for any construction to be under-
taken under subsection (b), and provide technical assistance in 
obtaining all necessary permits for the construction, if the non- 
Federal interest contracts with the Secretary to furnish the United 
States funds for the studies, engineering, or technical assistance 
in the period during which the studies and engineering are being 
conducted. 
‘‘(d) CREDIT OR REIMBURSEMENT.— 
‘‘(1) GENERAL RULE.—Subject to paragraph (3), a project 
or separable element of a project carried out by a non-Federal 
interest under this section shall be eligible for credit or 
reimbursement for the Federal share of work carried out on 
a project or separable element of a project if—
H. R. 3080—29 
‘‘(A) before initiation of construction of the project or 
separable element— 
‘‘(i) the Secretary approves the plans for construc-
tion of the project or separable element of the project 
by the non-Federal interest; 
‘‘(ii) the Secretary determines, before approval of 
the plans, that the project or separable element of 
the project is feasible; and 
‘‘(iii) the non-Federal interest enters into a written 
agreement with the Secretary under section 221 of 
the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), 
including an agreement to pay the non-Federal share, 
if any, of the cost of operation and maintenance of 
the project; and 
‘‘(B) the Secretary determines that all Federal laws 
and regulations applicable to the construction of a water 
resources development project, and any conditions identi-
fied under subsection (b)(1)(B), were complied with by the 
non-Federal interest during construction of the project or 
separable element of the project. 
‘‘(2) APPLICATION
OF
CREDIT.—The Secretary may apply 
credit toward— 
‘‘(A) the non-Federal share of authorized separable ele-
ments of the same project; or 
‘‘(B) subject to the requirements of this section and 
section 1020 of the Water Resources Reform and Develop-
ment Act of 2014, at the request of the non-Federal interest, 
the non-Federal share of a different water resources 
development project. 
‘‘(3) REQUIREMENTS.—The Secretary may only apply credit 
or provide reimbursement under paragraph (1) if— 
‘‘(A) Congress has authorized construction of the project 
or separable element of the project; and 
‘‘(B) the Secretary certifies that the project has been 
constructed in accordance with— 
‘‘(i) all applicable permits or approvals; and 
‘‘(ii) this section. 
‘‘(4) MONITORING.—The Secretary shall regularly monitor 
and audit any water resources development project, or sepa-
rable element of a water resources development project, con-
structed by a non-Federal interest under this section to ensure 
that— 
‘‘(A) the construction is carried out in compliance with 
the requirements of this section; and 
‘‘(B) the costs of the construction are reasonable. 
‘‘(e) NOTIFICATION OF COMMITTEES.—If a non-Federal interest 
notifies the Secretary that the non-Federal interest intends to carry 
out a project, or separable element thereof, under this section, 
the Secretary shall provide written notice to the Committee on 
Environment and Public Works of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representa-
tives concerning the intent of the non-Federal interest. 
‘‘(f) OPERATION AND MAINTENANCE.—Whenever a non-Federal 
interest carries out improvements to a federally authorized harbor 
or inland harbor, the Secretary shall be responsible for operation 
and maintenance in accordance with section 101(b) if— 
‘‘(1) before construction of the improvements—
H. R. 3080—30 
‘‘(A) the Secretary determines that the improvements 
are feasible and consistent with the purposes of this title; 
and 
‘‘(B) the Secretary and the non-Federal interest execute 
a written agreement relating to operation and maintenance 
of the improvements; 
‘‘(2) the Secretary certifies that the project or separable 
element of the project is constructed in accordance with 
applicable permits and appropriate engineering and design 
standards; and 
‘‘(3) the Secretary does not find that the project or separable 
element is no longer feasible.’’. 
(c) REPEALS.—The following provisions are repealed: 
(1) Section 404 of the Water Resources Development Act 
of 1990 (33 U.S.C. 2232 note; 104 Stat. 4646) and the item 
relating to that section in the table of contents contained in 
section 1(b) of that Act. 
(2) Section 206 of the Water Resources Development Act 
of 1992 (33 U.S.C. 426i–1) and the item relating to that section 
in the table of contents contained in section 1(b) of that Act. 
(3) Section 211 of the Water Resources Development Act 
of 1996 (33 U.S.C. 701b–13) and the item relating to that 
section in the table of contents contained in section 1(b) of 
that Act. 
(d) SAVINGS PROVISION.—Nothing in this section may be con-
strued to affect an agreement in effect on the date of enactment 
of this Act, or an agreement that is finalized between the Corps 
of Engineers and a non-Federal interest on or before December 
31, 2014, under any of the following sections (as such sections 
were in effect on the day before such date of enactment): 
(1) Section 204 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2232). 
(2) Section 206 of the Water Resources Development Act 
of 1992 (33 U.S.C. 426i–1). 
(3) Section 211 of the Water Resources Development Act 
of 1996 (33 U.S.C. 701b–13). 
SEC. 1015. CONTRIBUTIONS BY NON-FEDERAL INTERESTS. 
(a) IN GENERAL.—Section 5 of the Act of June 22, 1936 (33 
U.S.C. 701h), is amended— 
(1) by inserting ‘‘and other non-Federal interests’’ after 
‘‘States and political subdivisions thereof’’ each place it appears; 
(2) by inserting ‘‘, including a project for navigation on 
the inland waterways,’’ after ‘‘study or project’’; 
(3) by striking ‘‘Provided, That when’’ and inserting ‘‘Pro-
vided, That the Secretary is authorized to receive and expend 
funds from a State or a political subdivision thereof, and other 
non-Federal interests or private entities, to operate a hurricane 
barrier project to support recreational activities at or in the 
vicinity of the project, at no cost to the Federal Government, 
if the Secretary determines that operation for such purpose 
is not inconsistent with the operation and maintenance of the 
project for the authorized purposes of the project: Provided 
further, That when’’; and 
(4) by striking the period at the end and inserting the 
following: ‘‘: Provided further, That the term ‘non-Federal
H. R. 3080—31 
interest’ has the meaning given that term in section 221 of 
the Flood Control Act of 1970 (42 U.S.C. 1962d–5b).’’. 
(b) NOTIFICATION FOR CONTRIBUTED FUNDS.—Prior to accepting 
funds contributed under section 5 of the Act of June 22, 1936 
(33 U.S.C. 701h), the Secretary shall provide written notice of 
the funds to the Committee on Environment and Public Works 
and the Committee on Appropriations of the Senate and the Com-
mittee on Transportation and Infrastructure and the Committee 
on Appropriations of the House of Representatives. 
(c) TECHNICAL AMENDMENT.—Section 111(b) of the Energy and 
Water Development and Related Agencies Appropriations Act, 2012 
(125 Stat. 858) is repealed. 
SEC. 1016. OPERATION AND MAINTENANCE OF CERTAIN PROJECTS. 
The Secretary may assume responsibility for operation and 
maintenance in accordance with section 101(b) of the Water 
Resources Development Act of 1986 (33 U.S.C. 2211(b)) (as amended 
by section 2102(b)) for improvements to a federally authorized 
harbor or inland harbor that are carried out by a non-Federal 
interest prior to December 31, 2014, if the Secretary determines 
that the requirements 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. 
SEC. 1017. ACCEPTANCE OF CONTRIBUTED FUNDS TO INCREASE LOCK 
OPERATIONS. 
(a) IN GENERAL.—The Secretary, after providing public notice, 
shall establish a pilot program for the acceptance and expenditure 
of funds contributed by non-Federal interests to increase the hours 
of operation of locks at water resources development projects. 
(b) APPLICABILITY.—The establishment of the pilot program 
under this section shall not affect the periodic review and adjust-
ment of hours of operation of locks based on increases in commercial 
traffic carried out by the Secretary. 
(c) PUBLIC COMMENT.—Not later than 180 days before a pro-
posed modification to the operation of a lock at a water resources 
development project will be carried out, the Secretary shall— 
(1) publish the proposed modification in the Federal Reg-
ister; and 
(2) accept public comment on the proposed modification. 
(d) REPORTS.— 
(1) IN
GENERAL.—Not later than 1 year 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 and make publicly available a 
report that evaluates the cost-savings resulting from reduced 
lock hours and any economic impacts of modifying lock oper-
ations. 
(2) REVIEW OF PILOT PROGRAM.—Not later than September 
30, 2017, and each year thereafter, the Secretary shall submit 
to the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infrastruc-
ture of the House of Representatives a report that describes 
the effectiveness of the pilot program under this section. 
(e) ANNUAL REVIEW.—The Secretary shall carry out an annual 
review of the commercial use of locks and make any necessary 
adjustments to lock operations based on that review.
H. R. 3080—32 
(f) TERMINATION.—The authority to accept funds under this 
section shall terminate 5 years after the date of enactment of 
this Act. 
SEC. 1018. CREDIT FOR IN-KIND CONTRIBUTIONS. 
(a) IN GENERAL.—Section 221(a)(4) of the Flood Control 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 environmental infrastruc-
ture 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 car-
ried out by the non-Federal interest before execu-
tion of a partnership agreement and that construc-
tion has not been carried out as of November 8, 
2007, the Secretary and the non-Federal interest 
shall enter into an agreement under which the 
non-Federal interest shall carry out such work 
and shall do so prior to the non-Federal interest 
initiating 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 described in subclause (I) and any design 
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 execution 
of a feasibility cost-sharing agreement, the Sec-
retary and the non-Federal interest shall enter 
into an agreement under which the non-Federal 
interest shall carry out such work and shall do 
so 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 agreement to carry out work described in 
subclause (I) shall be eligible for credit.’’; 
(3) in subparagraph (D)(iii) by striking ‘‘sections 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 subparagraph 
(H); 
(5) by inserting after subparagraph (D) the following: 
‘‘(E) ANALYSIS OF COSTS AND BENEFITS.—In the evalua-
tion of the costs and benefits of a project, the Secretary
H. R. 3080—33 
shall not consider construction carried out by a non-Federal 
interest under this subsection as part of the future without 
project condition. 
‘‘(F) TRANSFER OF CREDIT BETWEEN SEPARABLE ELE-
MENTS OF A PROJECT.—Credit for in-kind contributions pro-
vided by a non-Federal interest 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.— 
‘‘(i) IN
GENERAL.—To the extent that credit for 
in-kind contributions, as limited by subparagraph (D), 
and credit for required land, easements, rights-of-way, 
dredged material disposal areas, and relocations pro-
vided 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, subject to 
the availability of funds, shall enter into a reimburse-
ment agreement with the non-Federal interest, which 
shall be in addition to a partnership agreement under 
subparagraph (A), to reimburse the difference to the 
non-Federal interest. 
‘‘(ii) PRIORITY.—If appropriated funds are insuffi-
cient to cover the full cost of all requested reimburse-
ment agreements under clause (i), the Secretary shall 
enter into reimbursement agreements in the order in 
which requests for such agreements are received.’’; 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 Development Act of 1986 (Public Law 
99–662), if correction of design deficiencies is necessary’’ 
before the period at the end; and 
(B) by striking clause (ii) and inserting the following: 
‘‘(ii) AUTHORIZATION
AS
ADDITION
TO 
OTHER AUTHORIZATIONS.—The authority of the 
Secretary to provide credit for in-kind con-
tributions pursuant to this paragraph shall 
be in addition to any other authorization to 
provide credit for in-kind contributions and 
shall not be construed as a limitation on such 
other authorization. The Secretary shall apply 
the provisions of this paragraph, in lieu of 
provisions under other crediting authority, 
only if so requested by the non-Federal 
interest.’’. 
(b) APPLICABILITY.—Section 2003(e) of the Water Resources 
Development Act of 2007 (42 U.S.C. 1962d–5b note) is amended— 
(1) by inserting ‘‘, or construction of design deficiency 
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
H. R. 3080—34 
the non-Federal interests has not been carried out and is cred-
itable only toward any remaining non-Federal cost share,’’ after 
‘‘has not been initiated’’. 
(c) EFFECTIVE DATE.—The amendments made by subsections 
(a) and (b) take effect on November 8, 2007. 
(d) GUIDELINES.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall update any guid-
ance 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 memo-
randum 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 interest is integral to 
a project. 
(3) PUBLIC
AND
STAKEHOLDER
PARTICIPATION.—Before 
issuing any new or revised guidance, regulations, or guidelines 
or any subsequent updates to those documents, the Secretary 
shall— 
(A) consult with affected non-Federal interests; 
(B) publish the proposed guidelines developed under 
this subsection in the Federal Register; 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 Development of 1986 (33 U.S.C. 2214) 
that was approved by the Secretary prior to the date of enactment 
of this Act. 
SEC. 1019. CLARIFICATION OF IN-KIND CREDIT AUTHORITY. 
(a) NON-FEDERAL COST SHARE.—Section 7007 of the Water 
Resources Development Act of 2007 (121 Stat. 1277) is amended— 
(1) in subsection (a), by inserting ‘‘, on, or after’’ after 
‘‘before’’; 
(2) 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 planning, design, and 
construction work provided by the non-Federal interest that exceed 
the non-Federal cost share for a study or project under this title 
may be applied toward the non-Federal cost share for any other 
study or project carried out under this title.’’; and 
(3) by adding at the end the following:
H. R. 3080—35 
‘‘(g) DEFINITION OF STUDY OR PROJECT.—In this section, the 
term ‘study or project’ includes any eligible activity that is— 
‘‘(1) carried out pursuant to the coastal Louisiana ecosystem 
science and technology program authorized under section 
7006(a); and 
‘‘(2) in accordance with the restoration plan.’’. 
(b) IMPLEMENTATION.—Not later than 90 days after the date 
of enactment of this Act, the Secretary, in coordination with any 
relevant agencies of the State of Louisiana, shall establish a process 
by which to carry out the amendment made by subsection (a)(2). 
(c) EFFECTIVE DATE.—The amendments made by subsection 
(a) take effect on November 8, 2007. 
SEC. 1020. TRANSFER OF EXCESS CREDIT. 
(a) IN GENERAL.—Subject to subsection (b), the Secretary may 
apply credit for in-kind contributions provided by a non-Federal 
interest that are in excess of the required non-Federal cost share 
for a water resources development study or project toward the 
required non-Federal cost share for a different water resources 
development study or project. 
(b) RESTRICTIONS.— 
(1) IN GENERAL.—Except for subsection (a)(4)(D)(i) of that 
section, the requirements of section 221 of the Flood Control 
Act of 1970 (42 U.S.C. 1962d–5b) (as amended by section 
1018(a)) shall apply to any credit under this section. 
(2) CONDITIONS.—Credit in excess of the non-Federal share 
for a study or project may be approved under this section 
only if— 
(A) the non-Federal interest submits a comprehensive 
plan to the Secretary that identifies— 
(i) the studies and projects for which the non- 
Federal interest intends to provide in-kind contribu-
tions for credit that are in excess of the non-Federal 
cost share for the study or project; and 
(ii) the authorized studies and projects to which 
that excess credit would be applied; 
(B) the Secretary approves the comprehensive plan; 
and 
(C) the total amount of credit does not exceed the 
total non-Federal share for the studies and projects in 
the approved comprehensive plan. 
(c) ADDITIONAL CRITERIA.—In evaluating a request to apply 
credit in excess of the non-Federal 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 benefits. 
(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
H. R. 3080—36 
thereafter, 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 and make publicly available an 
interim report on the use of the authority under this sec-
tion. 
(B) FINAL REPORT.—Not later than 10 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 Infra-
structure of the House of Representatives and make pub-
licly available a final report on the use of the authority 
under this section. 
(2) INCLUSIONS.—The reports described in paragraph (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 authority under 
this section on the time required to complete projects; 
and 
(C) an assessment of the impact of the authority under 
this section on other water resources projects. 
SEC. 1021. CREDITING AUTHORITY FOR FEDERALLY AUTHORIZED 
NAVIGATION PROJECTS. 
A non-Federal interest may carry out operation and mainte-
nance activities for an authorized navigation project, subject to 
the condition that the non-Federal interest complies with all Federal 
laws and regulations applicable to such operation and maintenance 
activities, and may receive credit for the costs incurred by the 
non-Federal interest in carrying out such activities towards the 
share of construction costs of that non-Federal interest for another 
element of the same project or another authorized navigation 
project, except that in no instance may such credit exceed 20 percent 
of the total costs associated with construction of the general naviga-
tion features of the project for which such credit may be applied 
pursuant to this section. 
SEC. 1022. CREDIT IN LIEU OF REIMBURSEMENT. 
(a) REQUESTS FOR CREDITS.—With respect to an authorized 
flood damage reduction project, or separable element thereof, that 
has been constructed by a non-Federal interest under section 211 
of the Water Resources Development Act of 1996 (33 U.S.C. 701b– 
13) before the date of enactment of this Act, the Secretary may 
provide to the non-Federal interest, at the request of the non- 
Federal interest, a credit in an amount equal to the estimated 
Federal share of the cost of the project or separable element, in 
lieu of providing to the non-Federal interest a reimbursement in 
that amount. 
(b) APPLICATION OF CREDITS.—At the request of the non-Federal 
interest, the Secretary may apply such credit to the share of the 
cost of the non-Federal interest of carrying out other flood damage 
reduction projects or studies. 
SEC. 
1023. 
ADDITIONAL 
CONTRIBUTIONS 
BY 
NON-FEDERAL 
INTERESTS. 
Section 902 of the Water Resources Development Act of 1986 
(33 U.S.C. 2280) is amended—
H. R. 3080—56 
(aa)(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 funding balance 
for that project in the Corps of Engineers 
construction account; and 
(bb) to the maximum extent practicable, 
are located in each of the divisions of the 
Corps of Engineers; and 
(II) not more than 3 projects that have not 
received Federal funds in the period beginning 
on the date on which the project was authorized 
and ending on the date of enactment of this Act; 
(ii) notify the Committee on Environment and 
Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives on the identification of each project under 
the pilot program; 
(iii) 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 nec-
essary for the non-Federal interest to execute the 
project, or a separable element of the project; 
(iv) on the request of the non-Federal interest, 
enter into a project partnership agreement with the 
non-Federal interest for the non-Federal interest to 
provide full project management control for construc-
tion of the project, or a separable element of the project, 
in accordance with plans approved by the Secretary; 
(v) following execution of the project partnership 
agreement, transfer to the non-Federal interest to carry 
out construction of the project, or a separable element 
of the project— 
(I) if applicable, the balance of the unobligated 
amounts appropriated for the project, except that 
the Secretary shall retain sufficient amounts for 
the Corps of Engineers to carry out any respon-
sibilities of the Corps of Engineers relating to the 
project and pilot program; and 
(II) additional amounts, as determined by the 
Secretary, from amounts made available under 
paragraph (8), except that the total amount trans-
ferred to the non-Federal interest shall not exceed 
the updated estimate of the Federal share of the 
cost of construction, including any required design; 
and 
(vi) regularly monitor and audit each project being 
constructed by a non-Federal interest under this sec-
tion to ensure that the construction activities are car-
ried out in compliance with the plans approved by 
the Secretary and that the construction costs are 
reasonable. 
(B) DETAILED PROJECT SCHEDULE.—Not later than 180 
days after entering into an agreement under subparagraph 
(A)(iv), each non-Federal interest, to the maximum extent 
practicable, shall submit to the Secretary a detailed project
H. R. 3080—163 
portion of the project for raising and improving existing levees 
in Clatsop County, Oregon, authorized by section 5 of the 
Act of June 22, 1936 (49 Stat. 1590) is no longer authorized 
beginning on the date of enactment of this Act. 
(15) NUMBERG DIKE NO. 34 LEVEED AREA, CLATSOP COUNTY 
DIKING DISTRICT NO. 13, CLATSOP COUNTY, OREGON (WALLUSKI- 
YOUNGS).—The Numberg Dike No. 34 leveed area, Clatsop 
County Diking District, No. 13, Walluski River and Youngs 
River dikes, portion of the project for raising and improving 
existing levees in Clatsop County, Oregon, authorized by section 
5 of the Act of June 22, 1936 (49 Stat. 1590) is no longer 
authorized beginning on the date of enactment of this Act. 
(16) EAST
FORK
OF
TRINITY
RIVER, TEXAS.—The portion 
of the project for flood protection on the East Fork of the 
Trinity River, Texas, authorized by section 203 of the Flood 
Control Act of 1962 (76 Stat. 1185), that consists of the 2 
levees identified as Kaufman County Levees K5E and K5W 
is no longer authorized beginning on the date of enactment 
of this Act. 
(17) BURNHAM
CANAL, WISCONSIN.—The portion of the 
project for navigation, Milwaukee Harbor Project, Milwaukee, 
Wisconsin, known as the Burnham Canal, authorized by the 
first section of the Act of March 3, 1843 (5 Stat. 619; chapter 
85), and described as follows is no longer authorized beginning 
on the date of enactment of this Act: 
(A) Beginning at channel point #415a N381768.648, 
E2524554.836, a distance of about 170.58 feet. 
(B) Thence running south 53 degrees 43 minutes 41 
seconds 
west 
to 
channel 
point 
#417 
N381667.728, 
E2524417.311, a distance of about 35.01 feet. 
(C) Thence running south 34 degrees 10 minutes 40 
seconds 
west 
to 
channel 
point 
#501 
N381638.761, 
E2524397.639, a distance of about 139.25 feet. 
(D) Thence running south 34 degrees 10 minutes 48 
seconds 
west 
to 
channel 
point 
#503 
N381523.557, 
E2524319.406, a distance of about 235.98 feet. 
(E) Thence running south 32 degrees 59 minutes 13 
seconds 
west 
to 
channel 
point 
#505 
N381325.615, 
E2524190.925, a distance of about 431.29 feet. 
(F) Thence running south 32 degrees 36 minutes 05 
seconds 
west 
to 
channel 
point 
#509 
N380962.276, 
E2523958.547, a distance of about 614.52 feet. 
(G) Thence running south 89 degrees 05 minutes 00 
seconds 
west 
to 
channel 
point 
#511 
N380952.445, 
E2523344.107, a distance of about 74.68 feet. 
(H) Thence running north 89 degrees 04 minutes 59 
seconds 
west 
to 
channel 
point 
#512 
N381027.13, 
E2523342.91, a distance of about 533.84 feet. 
(I) Thence running north 89 degrees 05 minutes 00 
seconds 
east 
to 
channel 
point 
#510 
N381035.67, 
E2523876.69, a distance of about 47.86 feet. 
(J) Thence running north 61 degrees 02 minutes 07 
seconds 
east 
to 
channel 
point 
#508 
N381058.84, 
E2523918.56, a distance of about 308.55 feet. 
(K) Thence running north 36 degrees 15 minutes 29 
seconds 
east 
to 
channel 
point 
#506 
N381307.65, 
E2524101.05, a distance of about 199.98 feet.