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to aid project sponsors in obtaining the necessary approvals 
for the project, not more than $2,200,000 for each of fiscal 
years 2014 through 2018. 
SEC. 10015. REPORT TO CONGRESS. 
Not later than 2 years after the date of enactment of 
this Act, and every 2 years thereafter, the Secretary or the 
Administrator, as applicable, shall submit to the Committee 
on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the 
House of Representatives a report summarizing for the 
projects that are receiving, or have received, assistance 
under this title— 
(1) the financial performance of those projects, 
including a recommendation as to whether the objec-
tives of this title are being met; and 
(2) the public benefit provided by those projects, 
including, as applicable, water quality and water 
quantity improvement, the protection of drinking 
water, and the reduction of flood risk. 
SEC. 10016. USE OF AMERICAN IRON, STEEL, AND MANUFAC-
TURED GOODS. 
(a) IN GENERAL.—Except as provided in subsection 
(b), none of the amounts made available under this Act may 
be used for the construction, alteration, maintenance, or re-
pair of a project eligible for assistance under this title un-
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less all of the iron, steel, and manufactured goods used in 
the project are produced in the United States. 
(b) EXCEPTION.—Subsection (a) shall not apply in 
any case or category of cases in which the Secretary finds 
that— 
(1) applying subsection (a) would be inconsistent 
with the public interest; 
(2) iron, steel, and the relevant manufactured 
goods are not produced in the United States in suffi-
cient and reasonably available quantities and of a 
satisfactory quality; or 
(3) inclusion of iron, steel, and manufactured 
goods produced in the United States will increase the 
cost of the overall project by more than 25 percent. 
(c) PUBLIC NOTICE.—If the Secretary determines that 
it is necessary to waive the application of subsection (a) 
based on a finding under subsection (b), the Secretary shall 
publish in the Federal Register a detailed written justifica-
tion as to why the provision is being waived. 
(d) INTERNATIONAL AGREEMENTS.—This section shall 
be applied in a manner consistent with United States obli-
gations under international agreements.
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TITLE XI—EXTREME WEATHER 
SEC. 11001. DEFINITION OF RESILIENT CONSTRUCTION 
TECHNIQUE. 
In this title, the term ‘‘resilient construction tech-
nique’’ means a construction method that— 
(1) allows a property— 
(A) to resist hazards brought on by a major 
disaster; and 
(B) to continue to provide the primary 
functions of the property after a major disaster; 
(2) reduces the magnitude or duration of a dis-
ruptive event to a property; and 
(3) has the absorptive capacity, adaptive capac-
ity, and recoverability to withstand a potentially dis-
ruptive event. 
SEC. 11002. STUDY ON RISK REDUCTION. 
(a) IN GENERAL.—Not later than 18 months after the 
date of enactment of this Act, the Secretary, in coordination 
with the Secretary of the Interior and the Secretary of Com-
merce, shall enter into an arrangement with the National 
Academy of Sciences to carry out a study and make rec-
ommendations relating to infrastructure and coastal res-
toration options for reducing risk to human life and prop-
erty from extreme weather events, such as hurricanes, coast-
al storms, and inland flooding.
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(b) CONSIDERATIONS.—The study under subsection (a) 
shall include— 
(1) an analysis of strategies and water resources 
projects, including authorized water resources projects 
that have not yet been constructed, and other projects 
implemented in the United States and worldwide to 
respond to risk associated with extreme weather 
events; 
(2) an analysis of— 
(A) historical extreme weather events; 
(B) the ability of existing infrastructure to 
mitigate risks associated with extreme weather 
events; and 
(C) the reduction in long-term costs and 
vulnerability to infrastructure through the use of 
resilient construction techniques. 
(3) identification of proven, science-based ap-
proaches and mechanisms for ecosystem protection 
and identification of natural resources likely to have 
the greatest need for protection, restoration, and con-
servation so that the infrastructure and restoration 
projects can continue safeguarding the communities 
in, and sustaining the economy of, the United States;
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(4) an estimation of the funding necessary to im-
prove infrastructure in the United States to reduce 
risk associated with extreme weather events; 
(5) an analysis of the adequacy of current fund-
ing sources and the identification of potential new 
funding sources to finance the necessary infrastruc-
ture improvements referred to in paragraph (3); and 
(6) an analysis of the Federal, State, and local 
costs of natural disasters and the potential cost-sav-
ings associated with implementing mitigation meas-
ures. 
(c) 
COORDINATION.—The 
National 
Academy 
of 
Sciences may cooperate with the National Academy of Pub-
lic Administration to carry out 1 or more aspects of the 
study under subsection (a). 
(d) PUBLICATION.—Not later than 30 days after com-
pletion of the study under subsection (a), the National 
Academy of Sciences shall— 
(1) submit a copy of the study to the Committee 
on Environment and Public Works of the Senate and 
the Committee on Transportation and Infrastructure 
of the House of Representatives; and 
(2) make a copy of the study available on a pub-
licly accessible Internet site.
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SEC. 11003. GAO STUDY ON MANAGEMENT OF FLOOD, 
DROUGHT, AND STORM DAMAGE. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General shall sub-
mit to the Committee on Environment and Public Works 
of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a study of 
the strategies used by the Corps of Engineers for the com-
prehensive management of water resources in response to 
floods, storms, and droughts, including an historical review 
of the ability of the Corps of Engineers to manage and re-
spond to historical drought, storm, and flood events. 
(b) CONSIDERATIONS.—The study under subsection (a) 
shall address— 
(1) the extent to which existing water manage-
ment activities of the Corps of Engineers can better 
meet the goal of addressing future flooding, drought, 
and storm damage risks, which shall include analysis 
of all historical extreme weather events that have been 
recorded during the previous 5 centuries as well as in 
the geological record; 
(2) whether existing water resources projects 
built or maintained by the Corps of Engineers, in-
cluding dams, levees, floodwalls, flood gates, and other 
appurtenant infrastructure were designed to ade-
quately address flood, storm, and drought impacts
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such as coastal wetlands, to prepare for flood and 
drought. 
SEC. 11004. POST-DISASTER WATERSHED ASSESSMENTS. 
(a) WATERSHED ASSESSMENTS.— 
(1) IN GENERAL.—In an area that the President 
has declared a major disaster in accordance with sec-
tion 401 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170), the Sec-
retary may carry out a watershed assessment to iden-
tify, to the maximum extent practicable, specific flood 
risk reduction, hurricane and storm damage reduc-
tion, ecosystem restoration, or navigation project rec-
ommendations that will help to rehabilitate and im-
prove the resiliency of damaged infrastructure and 
natural resources to reduce risks to human life and 
property from future natural disasters. 
(2) EXISTING
PROJECTS.—A watershed assess-
ment carried out paragraph (1) may identify existing 
projects being carried out under 1 or more of the au-
thorities referred to in subsection (b) (1). 
(3) DUPLICATE WATERSHED ASSESSMENTS.—In 
carrying out a watershed assessment under paragraph 
(1), the Secretary shall use all existing watershed as-
sessments and related information developed by the 
Secretary or other Federal, State, or local entities.
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(b) PROJECTS.— 
(1) IN GENERAL.—The Secretary may carry out 
1 or more small projects identified in a watershed as-
sessment under subsection (a) that the Secretary 
would otherwise be authorized to carry out under— 
(A) section 205 of the Flood Control Act of 
1948 (33 U.S.C. 701s); 
(B) section 111 of the River and Harbor 
Act of 1968 (33 U.S.C. 426i); 
(C) section 206 of the Water Resources De-
velopment Act of 1996 (33 U.S.C. 2330); 
(D) section 1135 of the Water Resources De-
velopment Act of 1986 (33 U.S.C. 2309a); 
(E) section 107 of the River and Harbor 
Act of 1960 (33 U.S.C. 577); or 
(F) section 3 of the Act of August 13, 1946 
(33 U.S.C. 426g). 
(2) EXISTING
PROJECTS.—In carrying out a 
project under paragraph (1), the Secretary shall— 
(A) to the maximum extent practicable, use 
all existing information and studies available for 
the project; and 
(B) not require any element of a study com-
pleted for the project prior to the disaster to be 
repeated.
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(c) REQUIREMENTS.—All requirements applicable to a 
project under the Acts described in subsection (b) shall 
apply to the project. 
(d) LIMITATIONS ON ASSESSMENTS.— 
(1) IN GENERAL.—A watershed assessment under 
subsection (a) shall be initiated not later than 2 years 
after the date on which the major disaster declaration 
is issued. 
(2) FEDERAL SHARE.—The Federal share of the 
cost of carrying out a watershed assessment under 
subsection (a) shall not exceed $1,000,000. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$25,000,000 for each of fiscal years 2014 through 2018. 
SEC. 11005. AUTHORITY TO ACCEPT AND EXPEND NON-FED-
ERAL AMOUNTS. 
The Secretary is authorized to accept and expend 
amounts provided by non-Federal interests for the purpose 
of repairing, restoring, or replacing water resources projects 
that have been damaged or destroyed as a result of a major 
disaster or other emergency if the Secretary determines that 
the acceptance and expenditure of those amounts is in the 
public interest.
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TITLE XII—NATIONAL 
ENDOWMENT FOR THE OCEANS 
SEC. 12001. SHORT TITLE. 
This title may be cited as the ‘‘National Endowment 
for the Oceans Act’’. 
SEC. 12002. PURPOSES. 
The purposes of this title are to protect, conserve, re-
store, and understand the oceans, coasts, and Great Lakes 
of the United States, ensuring present and future genera-
tions will benefit from the full range of ecological, economic, 
educational, social, cultural, nutritional, and recreational 
opportunities and services these resources are capable of 
providing. 
SEC. 12003. DEFINITIONS. 
In this title: 
(1) COASTAL
SHORELINE
COUNTY.—The term 
‘‘coastal shoreline county’’ has the meaning given the 
term by the Administrator of the Federal Emergency 
Management Agency for purposes of administering 
the National Flood Insurance Act of 1968 (42 U.S.C. 
4001 et seq.). 
(2) COASTAL STATE.—The term ‘‘coastal State’’ 
has the meaning given the term ‘‘coastal state’’ in sec-
tion 304 of the Coastal Zone Management Act of 1972 
(16 U.S.C. 1453).
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(3) CORPUS.—The term ‘‘corpus’’, with respect 
to the Endowment fund, means an amount equal to 
the Federal payments to such fund, amounts contrib-
uted to the fund from non-Federal sources, and appre-
ciation from capital gains and reinvestment of in-
come. 
(4) 
ENDOWMENT.—The 
term 
‘‘Endowment’’ 
means the endowment established under subsection 
(a). 
(5) ENDOWMENT FUND.—The term ‘‘Endowment 
fund’’ means a fund, or a tax-exempt foundation, es-
tablished and maintained pursuant to this title by the 
Foundation for the purposes described in section 
12004(a). 
(6) 
FOUNDATION.—The 
term 
‘‘Foundation’’ 
means the National Fish and Wildlife Foundation es-
tablished by section 2(a) of the National Fish and 
Wildlife Foundation Establishment Act (16 U.S.C. 
3701(a)). 
(7) INCOME.—The term ‘‘income’’, with respect 
to the Endowment fund, means an amount equal to 
the dividends and interest accruing from investments 
of the corpus of such fund. 
(8) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 
the meaning given that term in section 4 of the In-
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dian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
(10) TIDAL SHORELINE.—The term ‘‘tidal shore-
line’’ has the meaning given that term pursuant to 
section 923.110(c)(2)(i) of title 15, Code of Federal 
Regulations, or a similar successor regulation. 
SEC. 12004. NATIONAL ENDOWMENT FOR THE OCEANS. 
(a) ESTABLISHMENT.—The Secretary and the Founda-
tion are authorized to establish the National Endowment 
for the Oceans as a permanent Endowment fund, in accord-
ance with this section, to further the purposes of this title 
and to support the programs established under this title. 
(b) AGREEMENTS.—The Secretary and the Foundation 
may enter into such agreements as may be necessary to 
carry out the purposes of this title. 
(c) DEPOSITS.—There shall be deposited in the Fund, 
which shall constitute the assets of the Fund, amounts as 
follows: 
(1) Amounts appropriated or otherwise made 
available to carry out this title. 
(2) Amounts earned through investment under 
subsection (d).
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(d) INVESTMENTS.—The Foundation shall invest the 
Endowment fund corpus and income for the benefit of the 
Endowment. 
(e) REQUIREMENTS.—Any amounts received by the 
Foundation pursuant to this title shall be subject to the pro-
visions of the National Fish and Wildlife Establishment Act 
(16 U.S.C. 3701 et seq.), except the provisions of section 
10(a) of that Act (16 U.S.C. 3709(a)). 
(f) WITHDRAWALS AND EXPENDITURES.— 
(1) ALLOCATION OF FUNDS.—Each fiscal year, 
the Foundation shall, in consultation with the Sec-
retary, allocate an amount equal to not less than 3 
percent and not more than 7 percent of the corpus of 
the Endowment fund and the income generated from 
the Endowment fund from the current fiscal year. 
(2) EXPENDITURE.—Except as provided in 
paragraph (3), of the amounts allocated under para-
graph (1) for each fiscal year— 
(A) at least 59 percent shall be used by the 
Foundation to award grants to coastal States 
under section 12006(b); 
(B) at least 39 percent shall be allocated by 
the Foundation to award grants under section 
12006(c); and
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(C) no more than 2 percent may be used by 
the Secretary and the Foundation for adminis-
trative expenses to carry out this title, which 
amount shall be divided between the Secretary 
and the Foundation pursuant to an agreement 
reached and documented by both the Secretary 
and the Foundation. 
(3) PROGRAM ADJUSTMENTS.— 
(A) IN GENERAL.—In any fiscal year in 
which the amount described in subparagraph (B) 
is less than $100,000,000, the Foundation, in 
consultation with the Secretary, may elect not to 
use any of the amounts allocated under para-
graph (1) for that fiscal year to award grants 
under section 12006(b). 
(B) 
DETERMINATION
AMOUNT.—The 
amount described in this subparagraph for a fis-
cal year is the amount that is equal to the sum 
of— 
(i) the amount that is 5 percent of the 
corpus of the Endowment fund; and 
(ii) the aggregate amount of income the 
Foundation expects to be generated from the 
Endowment fund in that fiscal year.
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(g) RECOVERY OF PAYMENTS.—After notice and an 
opportunity for a hearing, the Secretary is authorized to 
recover any Federal payments under this section if the 
Foundation— 
(1) makes a withdrawal or expenditure of the 
corpus of the Endowment fund or the income of the 
Endowment fund that is not consistent with the re-
quirements of section 12005; or 
(2) fails to comply with a procedure, measure, 
method, 
or 
standard 
established 
under 
section 
12006(a)(1). 
SEC. 12005. ELIGIBLE USES. 
(a) IN GENERAL.—Amounts in the Endowment may 
be allocated by the Foundation to support programs and 
activities intended to restore, protect, maintain, or under-
stand living marine resources and their habitats and ocean, 
coastal, and Great Lakes resources, including baseline sci-
entific research, ocean observing, and other programs and 
activities carried out in coordination with Federal and 
State departments or agencies, that are consistent with Fed-
eral environmental laws and that avoid environmental deg-
radation, including the following: 
(1) Ocean, coastal, and Great Lakes restoration 
and protection, including the protection of the envi-
ronmental integrity of such areas, and their related
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watersheds, including efforts to mitigate potential im-
pacts of sea level change, changes in ocean chemistry, 
and changes in ocean temperature. 
(2) Restoration, protection, or maintenance of 
living ocean, coastal, and Great Lakes resources and 
their habitats, including marine protected areas and 
riparian migratory habitat of coastal and marine 
species. 
(3) Planning for and managing coastal develop-
ment to enhance ecosystem integrity or minimize im-
pacts from sea level change and coastal erosion. 
(4) Analyses of current and anticipated impacts 
of ocean acidification and assessment of potential ac-
tions to minimize harm to ocean, coastal, and Great 
Lakes ecosystems. 
(5) Analyses of, and planning for, current and 
anticipated uses of ocean, coastal, and Great Lakes 
areas. 
(6) Regional, subregional, or site-specific man-
agement efforts designed to manage, protect, or restore 
ocean, coastal, and Great Lakes resources and eco-
systems. 
(7) Research, assessment, monitoring, observa-
tion, modeling, and sharing of scientific information 
that contribute to the understanding of ocean, coastal,
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and Great Lakes ecosystems and support the purposes 
of this title. 
(8) Efforts to understand better the processes that 
govern the fate and transport of petroleum hydro-
carbons released into the marine environment from 
natural and anthropogenic sources, including spills. 
(9) Efforts to improve spill response and pre-
paredness technologies. 
(10) Acquiring property or interests in property 
in coastal and estuarine areas, if such property or in-
terest is acquired in a manner that will ensure such 
property or interest will be administered to support 
the purposes of this title. 
(11) Protection and relocation of critical coastal 
public infrastructure affected by erosion or sea level 
change. 
(b) MATCHING REQUIREMENT.—An amount from the 
Endowment may not be allocated to fund a project or activ-
ity described in paragraph (10) or (11) of subsection (a) 
unless non-Federal contributions in an amount equal to 30 
percent or more of the cost of such project or activity is 
made available to carry out such project or activity. 
(c) CONSIDERATIONS FOR GREAT LAKES STATES.— 
Programs and activities funded in Great Lakes States shall 
also seek to attain the goals embodied in the Great Lakes
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Restoration Initiative Plan, the Great Lakes Regional Col-
laboration Strategy, the Great Lakes Water Quality Agree-
ment, or other collaborative planning efforts of the Great 
Lakes Region. 
(d) PROHIBITION ON USE OF FUNDS FOR LITIGA-
TION.—No funds made available under this title may be 
used to fund litigation over any matter. 
SEC. 12006. GRANTS. 
(a) ADMINISTRATION OF GRANTS.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Foundation 
shall establish the following: 
(A) Application and review procedures for 
the awarding of grants under this section, in-
cluding requirements ensuring that any amounts 
awarded under such subsections may only be 
used for an eligible use described under section 
12005. 
(B) Approval procedures for the awarding 
of grants under this section that require con-
sultation with the Secretary of Commerce and 
the Secretary of the Interior. 
(C) 
Eligibility 
criteria 
for 
awarding 
grants—
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† HR 3080 EAS 
(i) under subsection (b) to coastal 
States; and 
(ii) under subsection (c) to entities in-
cluding States, Indian tribes, regional bod-
ies, associations, non-governmental organi-
zations, and academic institutions. 
(D) Performance accountability and moni-
toring measures for programs and activities 
funded by a grant awarded under subsection (b) 
or (c). 
(E) Procedures and methods to ensure accu-
rate accounting and appropriate administration 
grants awarded under this section, including 
standards of record keeping. 
(F) Procedures to carry out audits of the 
Endowment as necessary, but not less frequently 
than once every 5 years. 
(G) Procedures to carry out audits of the re-
cipients of grants under this section. 
(2) APPROVAL PROCEDURES.— 
(A) SUBMITTAL.—The Foundation shall 
submit to the Secretary each procedure, measure, 
method, and standard established under para-
graph (1).
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† HR 3080 EAS 
(B) DETERMINATION
AND
NOTICE.—Not 
later than 90 days after receiving the procedures, 
measures, methods, and standards under sub-
paragraph (A), the Secretary shall— 
(i) determine whether to approve or 
disapprove of such procedures, measures, 
methods, and standards; and 
(ii) notify the Foundation of such de-
termination. 
(C) JUSTIFICATION
OF
DISAPPROVAL.—If 
the Secretary disapproves of the procedures, 
measures, methods, and standards under sub-
paragraph (B), the Secretary shall include in 
notice submitted under clause (ii) of such sub-
paragraph the rationale for such disapproval. 
(D) RESUBMITTAL.—Not later than 30 days 
after the Foundation receives notification under 
subparagraph (B)(ii) that the Secretary has dis-
approved the procedures, measures, methods, and 
standards, the Foundation shall revise such pro-
cedures, measures, methods, and standards and 
submit such revised procedures, measures, meth-
ods, and standards to the Secretary. 
(E) REVIEW OF RESUBMITTAL.—Not later 
than 30 days after receiving revised procedures,
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measures, methods, and standards resubmitted 
under subparagraph (D), the Secretary shall— 
(i) determine whether to approve or 
disapprove the revised procedures, measures, 
methods, and standards; and 
(ii) notify the Foundation of such de-
termination. 
(b) GRANTS TO COASTAL STATES.— 
(1) IN GENERAL.—Subject to paragraphs (3) and 
(4), the Foundation shall award grants of amounts 
allocated under section 12004(e)(2)(A) to eligible 
coastal States, based on the following formula: 
(A) Fifty percent of the funds are allocated 
equally among eligible coastal States. 
(B) Twenty-five percent of the funds are al-
located on the basis of the ratio of tidal shoreline 
miles in a coastal State to the tidal shoreline 
miles of all coastal States. 
(C) Twenty-five percent of the funds are al-
located on the basis of the ratio of population 
density of the coastal shoreline counties of a 
coastal State to the population density of all 
coastal shoreline counties. 
(2) ELIGIBLE COASTAL STATES.—For purposes 
of paragraph (1), an eligible coastal State includes—
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† HR 3080 EAS 
(A) a coastal State that has a coastal man-
agement program approved under the Coastal 
Zone Management Act of 1972 (16 U.S.C. 1451 
et seq.); and 
(B) during the period beginning on the date 
of the enactment of this Act and ending on De-
cember 31, 2018, a coastal State that had, dur-
ing the period beginning January 1, 2008, and 
ending on the date of the enactment of this Act, 
a coastal management program approved as de-
scribed in subparagraph (A). 
(3) MAXIMUM
ALLOCATION
TO
STATES.—Not-
withstanding paragraph (1), not more than 10 per-
cent of the total funds distributed under this sub-
section may be allocated to any single State. Any 
amount exceeding this limit shall be redistributed 
among the remaining States according to the formula 
established under paragraph (1). 
(4) MAXIMUM
ALLOCATION
TO
CERTAIN
GEO-
GRAPHIC AREAS.— 
(A) IN GENERAL.—Notwithstanding para-
graph (1), each geographic area described in sub-
paragraph (B) may not receive more than 1 per-
cent of the total funds distributed under this sub-
section. Any amount exceeding this limit shall be
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† HR 3080 EAS 
redistributed among the remaining States ac-
cording to the formula established under para-
graph (1). 
(B) GEOGRAPHIC AREAS DESCRIBED.—The 
geographic areas described in this subparagraph 
are the following: 
(i) American Samoa. 
(ii) The Commonwealth of the North-
ern Mariana Islands. 
(iii) Guam. 
(iv) Puerto Rico. 
(v) The Virgin Islands. 
(5) REQUIREMENT TO SUBMIT PLANS.— 
(A) IN GENERAL.—To be eligible to receive 
a grant under this subsection, a coastal State 
shall submit to the Secretary, and the Secretary 
shall review, a 5-year plan, which shall include 
the following: 
(i) A prioritized list of goals the coast-
al State intends to achieve during the time 
period covered by the 5-year plan. 
(ii) Identification and general descrip-
tions of existing State projects or activities 
that contribute to realization of such goals,
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† HR 3080 EAS 
including a description of the entities con-
ducting those projects or activities. 
(iii) General descriptions of projects or 
activities, consistent with the eligible uses 
described in section 12005, applicable provi-
sions of law relating to the environment, 
and existing Federal ocean policy, that 
could contribute to realization of such goals. 
(iv) Criteria to determine eligibility 
for entities which may receive grants under 
this subsection. 
(v) A description of the competitive 
process the coastal State will use in allo-
cating funds received from the Endowment, 
except in the case of allocating funds under 
paragraph (7), which shall include— 
(I) a description of the relative 
roles in the State competitive process of 
the State coastal zone management 
program approved under the Coastal 
Zone Management Act of 1972 (16 
U.S.C. 1451 et seq.) and any State Sea 
Grant Program; and 
(II) a demonstration that such 
competitive process is consistent with
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† HR 3080 EAS 
the application and review procedures 
established by the Foundation under 
subsection (a)(1). 
(B) UPDATES.—As a condition of receiving 
a grant under this subsection, a coastal State 
shall submit to the Secretary, not less frequently 
than once every 5 years, an update to the plan 
submitted by the coastal State under subpara-
graph (A) for the 5-year period immediately fol-
lowing the most recent submittal under this 
paragraph. 
(6) OPPORTUNITY
FOR
PUBLIC
COMMENT.—In 
determining whether to approve a plan or an update 
to a plan described in subparagraph (A) or (B) of 
paragraph (5), the Secretary shall provide the oppor-
tunity for, and take into consideration, public input 
and comment on the plan. 
(7) APPROVAL PROCEDURE.— 
(A) IN GENERAL.—Not later than 30 days 
after the opportunity for public comment on a 
plan or an update to a plan of a coastal State 
under paragraph (6), the Secretary shall notify 
such coastal State that the Secretary— 
(i) approves the plan as submitted; or 
(ii) disapproves the plan as submitted.
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† HR 3080 EAS 
(B) DISAPPROVAL.—If the Secretary dis-
approves a proposed plan or an update of a plan 
submitted under subparagraph (A) or (B) of 
paragraph (5), the Secretary shall provide notice 
of such disapproval to the submitting coastal 
State in writing, and include in such notice the 
rationale for the Secretary’s decision. 
(C) RESUBMITTAL.—If the Secretary dis-
approves a plan of a coastal State under sub-
paragraph (A), the coastal State shall resubmit 
the plan to the Secretary not later than 30 days 
after receiving the notice of disapproval under 
subparagraph (B). 
(D) REVIEW OF RESUBMITTAL.—Not later 
than 60 days after receiving a plan resubmitted 
under subparagraph (C), the Secretary shall re-
view the plan. 
(8) INDIAN TRIBES.—As a condition on receipt 
of a grant under this subsection, a State that receives 
a grant under this subsection shall ensure that Indian 
tribes in the State are eligible to participate in the 
competitive process described in the State’s plan 
under paragraph (5)(A)(v). 
(c) NATIONAL GRANTS FOR OCEANS, COASTS, AND 
GREAT LAKES.—
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† HR 3080 EAS 
(1) IN
GENERAL.—The Foundation may use 
amounts allocated under section 12004(e)(2)(B) to 
award grants according to the procedures established 
in subsection (a) to support activities consistent with 
section 12005. 
(2) ADVISORY PANEL.— 
(A) IN GENERAL.—The Foundation shall es-
tablish an advisory panel to conduct reviews of 
applications for grants under paragraph (1) and 
the Foundation shall consider the recommenda-
tions of the Advisory Panel with respect to such 
applications. 
(B) MEMBERSHIP.—The advisory panel es-
tablished under subparagraph (A) shall include 
persons representing a balanced and diverse 
range, as determined by the Foundation, of— 
(i) ocean, coastal, and Great Lakes de-
pendent industries; 
(ii) geographic regions; 
(iii) nonprofit conservation organiza-
tions with a mission that includes the con-
servation and protection of living marine 
resources and their habitats; and
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(iv) academic institutions with strong 
scientific or technical credentials and expe-
rience in marine science or policy. 
SEC. 12007. ANNUAL REPORT. 
(a) REQUIREMENT FOR ANNUAL REPORT.—Beginning 
with fiscal year 2014, not later than 60 days after the end 
of each fiscal year, the Foundation shall submit to the Com-
mittee on Commerce, Science, and Transportation of the 
Senate and the Committee on Natural Resources of the 
House of Representatives a report on the operation of the 
Endowment during the fiscal year. 
(b) CONTENT.—Each annual report submitted under 
subsection (a) for a fiscal year shall include— 
(1) a statement of the amounts deposited in the 
Endowment and the balance remaining in the En-
dowment at the end of the fiscal year; and 
(2) a description of the expenditures made from 
the Endowment for the fiscal year, including the pur-
pose of the expenditures. 
SEC. 12008. TULSA PORT OF CATOOSA, ROGERS COUNTY, 
OKLAHOMA LAND EXCHANGE. 
(a) DEFINITIONS.—In this section: 
(1) FEDERAL LAND.—The term ‘‘Federal land’’ 
means the approximately 87 acres of land situated in 
Rogers County, Oklahoma, contained within United
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States Tracts 413 and 427, and acquired for the 
McClellan-Kerr Arkansas Navigation System. 
(2) NON-FEDERAL LAND.—The term ‘‘non-Fed-
eral land’’ means the approximately 34 acres of land 
situated in Rogers County, Oklahoma and owned by 
the Tulsa Port of Catoosa that lie immediately south 
and east of the Federal land. 
(b) LAND EXCHANGE.—Subject to subsection (c), on 
conveyance by the Tulsa Port of Catoosa to the United 
States of all right, title, and interest in and to the non- 
Federal land, the Secretary shall convey to the Tulsa Port 
of Catoosa, all right, title, and interest of the United States 
in and to the Federal land. 
(c) CONDITIONS.— 
(1) DEEDS.— 
(A) DEED
TO
NON-FEDERAL
LAND.—The 
Secretary may only accept conveyance of the 
non-Federal land by warranty deed, as deter-
mined acceptable by the Secretary. 
(B) DEED TO FEDERAL LAND.—The Sec-
retary shall convey the Federal land to the Tulsa 
Port of Catoosa by quitclaim deed and subject to 
any reservations, terms, and conditions that the 
Secretary determines necessary to—
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(i) allow the United States to operate 
and maintain the McClellan-Kerr Arkansas 
River Navigation System; and 
(ii) protect the interests of the United 
States. 
(2) LEGAL
DESCRIPTIONS.—The exact acreage 
and legal descriptions of the Federal land and the 
non-Federal land shall be determined by surveys ac-
ceptable to the Secretary. 
(3) PAYMENT
OF
COSTS.—The Tulsa Port of 
Catoosa shall be responsible for all costs associated 
with the land exchange authorized by this section, in-
cluding any costs that the Secretary determines nec-
essary and reasonable in the interest of the United 
States, including surveys, appraisals, real estate 
transaction fees, administrative costs, and environ-
mental documentation. 
(4) CASH PAYMENT.—If the appraised fair mar-
ket value of the Federal land, as determined by the 
Secretary, exceeds the appraised fair market value of 
the non-Federal land, as determined by the Secretary, 
the Tulsa Port of Catoosa shall make a cash payment 
to the United States reflecting the difference in the 
appraised fair market values.
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(5) LIABILITY.—The Tulsa Port of Catoosa shall 
hold and save the United States free from damages 
arising from activities carried out under this section, 
except for damages due to the fault or negligence of 
the United States or a contractor of the United 
States. 
TITLE XIII—MISCELLANEOUS 
SEC. 13001. APPLICABILITY OF SPILL PREVENTION, CON-
TROL, AND COUNTERMEASURE RULE. 
(a) DEFINITIONS.—In this title: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) FARM.—The term ‘‘farm’’ has the meaning 
given the term in section 112.2 of title 40, Code of 
Federal Regulations (or successor regulations). 
(3) GALLON.—The term ‘‘gallon’’ means a 
United States liquid gallon. 
(4) OIL.—The term ‘‘oil’’ has the meaning given 
the term in section 112.2 of title 40, Code of Federal 
Regulations (or successor regulations). 
(5) OIL DISCHARGE.—The term ‘‘oil discharge’’ 
has the meaning given the term ‘‘discharge’’ in section 
112.2 of title 40, Code of Federal Regulations (or suc-
cessor regulations).