H. R. 3080—46 
on Environment and Public Works of the Senate and the 
Committee on Appropriations, the Committee on Natural 
Resources, and the Committee on Transportation and Infra-
structure of the House of Representatives and make pub-
licly available a report describing the coordinated strategies 
established and progress made toward the goals of control-
ling and eliminating Asian carp in the Upper Mississippi 
and Ohio River basins and tributaries. 
(B) CONTENTS.—Each report submitted under subpara-
graph (A) shall include— 
(i) any observed changes in the range of Asian 
carp in the Upper Mississippi and Ohio River basins 
and tributaries during the 2-year period preceding 
submission of the report; 
(ii) a summary of Federal agency efforts, including 
cooperative efforts with non-Federal partners, to con-
trol the spread of Asian carp in the Upper Mississippi 
and Ohio River basins and tributaries; 
(iii) any research that the Director determines 
could improve the ability to control the spread of Asian 
carp; 
(iv) any quantitative measures that the Director 
intends to use to document progress in controlling the 
spread of Asian carp; and 
(v) a cross-cut accounting of Federal and non-Fed-
eral expenditures to control the spread of Asian carp. 
(c) PREVENTION, GREAT LAKES AND MISSISSIPPI RIVER BASIN.— 
(1) IN GENERAL.—The Secretary is authorized to implement 
measures recommended in the efficacy study authorized under 
section 3061 of the Water Resources Development Act of 2007 
(121 Stat. 1121) or in interim reports, with any modifications 
or any emergency measures that the Secretary determines to 
be appropriate to prevent aquatic nuisance species from dis-
persing into the Great Lakes by way of any hydrologic connec-
tion between the Great Lakes and the Mississippi River Basin. 
(2) NOTIFICATIONS.—The Secretary shall notify the Commit-
tees on Environment and Public Works and Appropriations 
of the Senate and the Committees on Transportation and Infra-
structure and Appropriations of the House of Representatives 
any emergency actions taken pursuant to this subsection. 
(d) PREVENTION AND MANAGEMENT.—Section 104 of the River 
and Harbor Act of 1958 (33 U.S.C. 610) is amended— 
(1) in subsection (a)— 
(A) in the first sentence, by striking ‘‘There is’’ and 
inserting the following: 
‘‘(1) IN GENERAL.—There is’’; 
(B) in the second sentence, by striking ‘‘Local’’ and 
inserting the following: 
‘‘(2) LOCAL INTERESTS.—Local’’; 
(C) in the third sentence, by striking ‘‘Costs’’ and 
inserting the following: 
‘‘(3) FEDERAL COSTS.—Costs’’; and 
(D) in paragraph (1) (as designated by subparagraph 
(A))— 
(i) by striking ‘‘control and progressive,’’ and 
inserting ‘‘prevention, control, and progressive’’; and
H. R. 3080—47 
(ii) by inserting ‘‘and aquatic invasive species’’ after 
‘‘noxious aquatic plant growths’’; 
(2) in subsection (b), in the first sentence, by striking 
‘‘$15,000,000 annually’’ and inserting ‘‘$40,000,000, of which 
$20,000,000 shall be made available to implement subsection 
(d), annually’’; and 
(3) by inserting after subsection (c) the following: 
‘‘(d) WATERCRAFT INSPECTION STATIONS.— 
‘‘(1) IN GENERAL.—In carrying out this section, the Sec-
retary may establish watercraft inspection stations in the 
Columbia River Basin to be located in the States of Idaho, 
Montana, Oregon, and Washington at locations, as determined 
by the Secretary, with the highest likelihood of preventing 
the spread of aquatic invasive species at reservoirs operated 
and maintained by the Secretary. 
‘‘(2) COST SHARE.—The non-Federal share of the cost of 
constructing, operating, and maintaining watercraft inspection 
stations described in paragraph (1) (including personnel costs) 
shall be— 
‘‘(A) 50 percent; and 
‘‘(B) provided by the State or local governmental entity 
in which such inspection station is located. 
‘‘(3) COORDINATION.—In carrying out this subsection, the 
Secretary shall consult and coordinate with— 
‘‘(A) the States described in paragraph (1); 
‘‘(B) Indian tribes; and 
‘‘(C) other Federal agencies, including— 
‘‘(i) the Department of Agriculture; 
‘‘(ii) the Department of Energy; 
‘‘(iii) the Department of Homeland Security; 
‘‘(iv) the Department of Commerce; and 
‘‘(v) the Department of the Interior. 
‘‘(e) MONITORING
AND CONTINGENCY PLANNING.—In carrying 
out this section, the Secretary may— 
‘‘(1) carry out risk assessments of water resources facilities; 
‘‘(2) monitor for aquatic invasive species; 
‘‘(3) establish watershed-wide plans for expedited response 
to an infestation of aquatic invasive species; and 
‘‘(4) monitor water quality, including sediment cores and 
fish tissue samples.’’. 
SEC. 1040. FISH AND WILDLIFE MITIGATION. 
(a) IN GENERAL.—Section 906 of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 2283) is amended— 
(1) in subsection (d)— 
(A) in paragraph (1)— 
(i) in the first sentence— 
(I) by inserting ‘‘for damages to ecological 
resources, 
including 
terrestrial 
and 
aquatic 
resources, and’’ after ‘‘mitigate’’; 
(II) by inserting ‘‘ecological resources and’’ 
after ‘‘impact on’’; and 
(III) by inserting ‘‘without the implementation 
of mitigation measures’’ before the period; and 
(ii) by inserting before the last sentence the fol-
lowing: ‘‘If the Secretary determines that mitigation 
to in-kind conditions is not possible, the Secretary shall
H. R. 3080—48 
identify in the report the basis for that determination 
and the mitigation measures that will be implemented 
to meet the requirements of this section and the goals 
of section 307(a)(1) of the Water Resources Develop-
ment Act of 1990 (33 U.S.C. 2317(a)(1)).’’; 
(B) in paragraph (2)— 
(i) in the heading, by striking ‘‘DESIGN’’ and 
inserting ‘‘SELECTION AND DESIGN’’; 
(ii) by inserting ‘‘select and’’ after ‘‘shall’’; and 
(iii) by inserting ‘‘using a watershed approach’’ 
after ‘‘projects’’; and 
(C) in paragraph (3)— 
(i) in subparagraph (A), by inserting ‘‘, at a min-
imum,’’ after ‘‘complies with’’; and 
(ii) in subparagraph (B)— 
(I) by striking clause (iii); 
(II) by redesignating clauses (iv) and (v) as 
clauses (v) and (vi), respectively; and 
(III) by inserting after clause (ii) the following: 
‘‘(iii) for projects where mitigation will be carried 
out by the Secretary— 
‘‘(I) a description of the land and interest in 
land to be acquired for the mitigation plan; 
‘‘(II) the basis for a determination that the 
land and interests are available for acquisition; 
and 
‘‘(III) a determination that the proposed 
interest sought does not exceed the minimum 
interest in land necessary to meet the mitigation 
requirements for the project; 
‘‘(iv) for projects where mitigation will be carried 
out through a third party mitigation arrangement in 
accordance with subsection (i)— 
‘‘(I) a description of the third party mitigation 
instrument to be used; and 
‘‘(II) the basis for a determination that the 
mitigation instrument can meet the mitigation 
requirements for the project;’’; and 
(2) by adding at the end the following: 
‘‘(h) PROGRAMMATIC MITIGATION PLANS.— 
‘‘(1) IN
GENERAL.—The Secretary may develop pro-
grammatic mitigation plans to address the potential impacts 
to ecological resources, fish, and wildlife associated with 
existing or future Federal water resources development projects. 
‘‘(2) USE OF MITIGATION PLANS.—The Secretary shall, to 
the maximum extent practicable, use programmatic mitigation 
plans developed in accordance with this subsection to guide 
the development of a mitigation plan under subsection (d). 
‘‘(3) NON-FEDERAL PLANS.—The Secretary shall, to the max-
imum extent practicable and subject to all conditions of this 
subsection, use programmatic environmental plans developed 
by a State, a body politic of the State, which derives its powers 
from a State constitution, a government entity created by State 
legislation, or a local government, that meet the requirements 
of this subsection to address the potential environmental 
impacts of existing or future water resources development 
projects.
H. R. 3080—49 
‘‘(4) SCOPE.—A programmatic mitigation plan developed 
by the Secretary or an entity described in paragraph (3) to 
address potential impacts of existing or future water resources 
development projects shall, to the maximum extent prac-
ticable— 
‘‘(A) be developed on a regional, ecosystem, watershed, 
or statewide scale; 
‘‘(B) include specific goals for aquatic resource and 
fish and wildlife habitat restoration, establishment, 
enhancement, or preservation; 
‘‘(C) identify priority areas for aquatic resource and 
fish and wildlife habitat protection or restoration; 
‘‘(D) encompass multiple environmental resources 
within a defined geographical area or focus on a specific 
resource, such as aquatic resources or wildlife habitat; and 
‘‘(E) address impacts from all projects in a defined 
geographical area or focus on a specific type of project. 
‘‘(5) CONSULTATION.—The scope of the plan shall be deter-
mined by the Secretary or an entity described in paragraph 
(3), as appropriate, in consultation with the agency with juris-
diction over the resources being addressed in the environmental 
mitigation plan. 
‘‘(6) CONTENTS.—A programmatic environmental mitigation 
plan may include— 
‘‘(A) an assessment of the condition of environmental 
resources in the geographical area covered by the plan, 
including an assessment of recent trends and any potential 
threats to those resources; 
‘‘(B) an assessment of potential opportunities to 
improve the overall quality of environmental resources in 
the geographical area covered by the plan through strategic 
mitigation for impacts of water resources development 
projects; 
‘‘(C) standard measures for mitigating certain types 
of impacts; 
‘‘(D) parameters for determining appropriate mitigation 
for certain types of impacts, such as mitigation ratios or 
criteria for determining appropriate mitigation sites; 
‘‘(E) adaptive management procedures, such as proto-
cols that involve monitoring predicted impacts over time 
and adjusting mitigation measures in response to informa-
tion gathered through the monitoring; 
‘‘(F) acknowledgment of specific statutory or regulatory 
requirements that must be satisfied when determining 
appropriate mitigation for certain types of resources; and 
‘‘(G) any offsetting benefits of self-mitigating projects, 
such as ecosystem or resource restoration and protection. 
‘‘(7) PROCESS.—Before adopting a programmatic environ-
mental mitigation plan for use under this subsection, the Sec-
retary shall— 
‘‘(A) for a plan developed by the Secretary— 
‘‘(i) make a draft of the plan available for review 
and comment by applicable environmental resource 
agencies and the public; and 
‘‘(ii) consider any comments received from those 
agencies and the public on the draft plan; and
H. R. 3080—50 
‘‘(B) for a plan developed under paragraph (3), deter-
mine, not later than 180 days after receiving the plan, 
whether the plan meets the requirements of paragraphs 
(4) through (6) and was made available for public comment. 
‘‘(8) INTEGRATION
WITH
OTHER
PLANS.—A programmatic 
environmental mitigation plan may be integrated with other 
plans, including watershed plans, ecosystem plans, species 
recovery plans, growth management plans, and land use plans. 
‘‘(9) CONSIDERATION IN PROJECT DEVELOPMENT AND PERMIT-
TING.—If a programmatic environmental mitigation plan has 
been developed under this subsection, any Federal agency 
responsible for environmental reviews, permits, or approvals 
for a water resources development project may use the rec-
ommendations in that programmatic environmental mitigation 
plan when carrying out the responsibilities of the agency under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
‘‘(10) PRESERVATION
OF
EXISTING
AUTHORITIES.—Nothing 
in this subsection limits the use of programmatic approaches 
to reviews under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
‘‘(11) MITIGATION FOR EXISTING PROJECTS.—Nothing in this 
subsection requires the Secretary to undertake additional miti-
gation for existing projects for which mitigation has already 
been initiated. 
‘‘(i) THIRD-PARTY MITIGATION ARRANGEMENTS.— 
‘‘(1) ELIGIBLE ACTIVITIES.—In accordance with all applicable 
Federal laws (including regulations), mitigation efforts carried 
out under this section may include— 
‘‘(A) participation in mitigation banking or other third- 
party mitigation arrangements, such as— 
‘‘(i) the purchase of credits from commercial or 
State, regional, or local agency-sponsored mitigation 
banks; and 
‘‘(ii) the purchase of credits from in-lieu fee mitiga-
tion programs; and 
‘‘(B) contributions to statewide and regional efforts to 
conserve, restore, enhance, and create natural habitats and 
wetlands if the Secretary determines that the contributions 
will ensure that the mitigation requirements of this section 
and the goals of section 307(a)(1) of the Water Resources 
Development Act of 1990 (33 U.S.C. 2317(a)(1)) will be 
met. 
‘‘(2) INCLUSION
OF
OTHER
ACTIVITIES.—The banks, pro-
grams, and efforts described in paragraph (1) include any 
banks, programs, and efforts developed in accordance with 
applicable law (including regulations). 
‘‘(3) TERMS
AND
CONDITIONS.—In carrying out natural 
habitat and wetlands mitigation efforts under this section, con-
tributions to the mitigation effort may— 
‘‘(A) take place concurrent with, or in advance of, the 
commitment of funding to a project; and 
‘‘(B) occur in advance of project construction only if 
the efforts are consistent with all applicable requirements 
of Federal law (including regulations) and water resources 
development planning processes.
H. R. 3080—51 
‘‘(4) PREFERENCE.—At the request of the non-Federal 
project sponsor, preference may be given, to the maximum 
extent practicable, to mitigating an environmental impact 
through the use of a mitigation bank, in-lieu fee, or other 
third-party mitigation arrangement, if the use of credits from 
the mitigation bank or in-lieu fee, or the other third-party 
mitigation arrangement for the project has been approved by 
the applicable Federal agency.’’. 
(b) APPLICATION.—The amendments made by subsection (a) 
shall not apply to a project for which a mitigation plan has been 
completed as of the date of enactment of this Act. 
(c) TECHNICAL ASSISTANCE.— 
(1) IN
GENERAL.—The Secretary may provide technical 
assistance to States and local governments to establish third- 
party mitigation instruments, including mitigation banks and 
in-lieu fee programs, that will help to target mitigation pay-
ments to high-priority ecosystem restoration actions. 
(2) REQUIREMENTS.—In providing technical assistance 
under this subsection, the Secretary shall give priority to States 
and local governments that have developed State, regional, 
or watershed-based plans identifying priority restoration 
actions. 
(3) MITIGATION INSTRUMENTS.—The Secretary shall seek 
to ensure any technical assistance provided under this sub-
section 
will 
support 
the 
establishment 
of 
mitigation 
instruments that will result in restoration of high-priority areas 
identified in the plans under paragraph (2). 
SEC. 1041. MITIGATION STATUS REPORT. 
Section 2036(b) of the Water Resources Development Act of 
2007 (33 U.S.C. 2283a) is amended— 
(1) by redesignating paragraph (3) as paragraph (4); and 
(2) by inserting after paragraph (2) the following: 
‘‘(3) INFORMATION INCLUDED.—In reporting the status of 
all projects included in the report, the Secretary shall— 
‘‘(A) use a uniform methodology for determining the 
status of all projects included in the report; 
‘‘(B) use a methodology that describes both a quali-
tative and quantitative status for all projects in the report; 
and 
‘‘(C) provide specific dates for participation in the con-
sultations required under section 906(d)(4)(B) of the Water 
Resources 
Development 
Act 
of 
1986 
(33 
U.S.C. 
2283(d)(4)(B)).’’. 
SEC. 1042. REPORTS TO CONGRESS. 
(a) IN GENERAL.—Subject to the availability of appropriations, 
the Secretary shall complete and submit to Congress by the 
applicable date required the reports that address public safety 
and enhanced local participation in project delivery described in 
subsection (b). 
(b) REPORTS.—The reports referred to in subsection (a) are 
the reports required under— 
(1) subparagraphs (A) and (B) of section 1043(a)(5); 
(2) section 1046(a)(2)(B); 
(3) section 210(e)(3) of the Water Resources Development 
Act of 1986 (33 U.S.C. 2238(e)(3)) (as amended by section 
2102(a)); and
H. R. 3080—52 
(4) section 7001. 
(c) FAILURE TO PROVIDE A COMPLETED REPORT.— 
(1) IN GENERAL.—Subject to subsection (d), if the Secretary 
fails to provide a report listed under subsection (b) by the 
date that is 180 days after the applicable date required for 
that report, $5,000 shall be reprogrammed from the General 
Expenses account of the civil works program of the Army Corps 
of Engineers into the account of the division of the Army 
Corps of Engineers with responsibility for completing that 
report. 
(2) SUBSEQUENT REPROGRAMMING.—Subject to subsection 
(d), for each additional week after the date described in para-
graph (1) in which a report described in that paragraph remains 
uncompleted and unsubmitted to Congress, $5,000 shall be 
reprogrammed from the General Expenses account of the civil 
works program of the Army Corps of Engineers into the account 
of the division of the Secretary of the Army with responsibility 
for completing that report. 
(d) LIMITATIONS.— 
(1) IN
GENERAL.—For each report, the total amounts 
reprogrammed under subsection (c) shall not exceed, in any 
fiscal year, $50,000. 
(2) 
AGGREGATE
LIMITATION.—The 
total 
amount 
reprogrammed under subsection (c) in a fiscal year shall not 
exceed $200,000. 
(e) NO FAULT
OF
THE SECRETARY.—Amounts shall not be 
reprogrammed under subsection (c) if the Secretary certifies in 
a letter to the applicable committees of Congress that— 
(1) a major modification has been made to the content 
of the report that requires additional analysis for the Secretary 
to make a final decision on the report; 
(2) amounts have not been appropriated to the agency 
under this Act or any other Act to carry out the report; or 
(3) additional information is required from an entity other 
than the Corps of Engineers and is not available in a timely 
manner to complete the report by the deadline. 
(f) LIMITATION.—The Secretary shall not reprogram funds to 
the General Expenses account of the civil works program of the 
Corps of Engineers for the loss of the funds. 
SEC. 1043. NON-FEDERAL IMPLEMENTATION PILOT PROGRAM. 
(a) NON-FEDERAL IMPLEMENTATION OF FEASIBILITY STUDIES.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall establish and 
implement a pilot program to evaluate the cost-effectiveness 
and project delivery efficiency of allowing non-Federal interests 
to carry out feasibility studies for flood risk management, hurri-
cane and storm damage reduction, aquatic ecosystem restora-
tion, and coastal harbor and channel and inland navigation. 
(2) PURPOSES.—The purposes of the pilot program are— 
(A) to identify project delivery and cost-saving alter-
natives to the existing feasibility study process; 
(B) to evaluate the technical, financial, and organiza-
tional efficiencies of a non-Federal interest carrying out 
a feasibility study of 1 or more projects; and
H. R. 3080—53 
(C) to evaluate alternatives for the decentralization 
of the project planning, management, and operational 
decisionmaking process of the Corps of Engineers. 
(3) ADMINISTRATION.— 
(A) IN
GENERAL.—On the request of a non-Federal 
interest, the Secretary may enter into an agreement with 
the non-Federal interest for the non-Federal interest to 
provide full project management control of a feasibility 
study for a project for— 
(i) flood risk management; 
(ii) hurricane and storm damage reduction, 
including levees, floodwalls, flood control channels, and 
water control structures; 
(iii) coastal harbor and channel and inland naviga-
tion; and 
(iv) aquatic ecosystem restoration. 
(B) USE OF NON-FEDERAL FUNDS.— 
(i) IN GENERAL.—A non-Federal interest that has 
entered into an agreement with the Secretary pursuant 
to subparagraph (A) may use non-Federal funds to 
carry out the feasibility study. 
(ii) CREDIT.—The Secretary shall credit towards 
the non-Federal share of the cost of construction of 
a project for which a feasibility study is carried out 
under this subsection an amount equal to the portion 
of the cost of developing the study that would have 
been the responsibility of the Secretary, if the study 
were carried out by the Secretary, subject to the condi-
tions that— 
(I) non-Federal funds were used to carry out 
the activities that would have been the responsi-
bility of the Secretary; 
(II) the Secretary determines that the feasi-
bility study complies with all applicable Federal 
laws and regulations; and 
(III) the project is authorized by any provision 
of Federal law enacted after the date on which 
an agreement is entered into under subparagraph 
(A). 
(C) TRANSFER OF FUNDS.— 
(i) IN GENERAL.—After the date on which an agree-
ment is executed pursuant to subparagraph (A), the 
Secretary may transfer to the non-Federal interest to 
carry out the feasibility study— 
(I) if applicable, the balance of any unobligated 
amounts appropriated for the study, except that 
the Secretary shall retain sufficient amounts for 
the Corps of 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 the feasibility study.
H. R. 3080—54 
(ii) ADMINISTRATION.—The Secretary shall include 
such provisions as the Secretary determines to be nec-
essary in an agreement under subparagraph (A) to 
ensure that a non-Federal interest receiving Federal 
funds under this paragraph— 
(I) has the necessary qualifications to admin-
ister those funds; and 
(II) will comply with all applicable Federal 
laws (including regulations) relating to the use 
of those funds. 
(D) NOTIFICATION.—The Secretary shall notify the 
Committee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure 
of the House of Representatives on the initiation of each 
feasibility study under the pilot program. 
(E) AUDITING.—The Secretary shall regularly monitor 
and audit each feasibility study carried out by a non- 
Federal interest under this section to ensure that the use 
of any funds transferred under subparagraph (C) are used 
in compliance with the agreement signed under subpara-
graph (A). 
(F) TECHNICAL ASSISTANCE.—On the request of a non- 
Federal interest, the Secretary may provide technical 
assistance to the non-Federal interest relating to any aspect 
of the feasibility study, if the non-Federal interest contracts 
with the Secretary for the technical assistance and com-
pensates the Secretary for the technical assistance. 
(G) DETAILED PROJECT SCHEDULE.—Not later than 180 
days after entering into an agreement under subparagraph 
(A), each non-Federal interest, to the maximum extent 
practicable, shall submit to the Secretary a detailed project 
schedule, based on full funding capability, that lists all 
deadlines for milestones relating to the feasibility study. 
(4) COST SHARE.—Nothing in this subsection affects the 
cost-sharing requirement applicable on the day before the date 
of enactment of this Act to a feasibility study carried out 
under this subsection. 
(5) REPORT.— 
(A) IN
GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall submit 
to the Committee on Environment and Public Works of 
the Senate and the Committee on Transportation and Infra-
structure of the House of Representatives and make pub-
licly available a report detailing the results of the pilot 
program carried out under this section, including— 
(i) a description of the progress of the non-Federal 
interests in meeting milestones in detailed project 
schedules developed pursuant to paragraph (3)(G); and 
(ii) any recommendations of the Secretary con-
cerning whether the program or any component of 
the program should be implemented on a national 
basis. 
(B) UPDATE.—Not later than 5 years after the date 
of enactment of this Act, the Secretary shall submit to 
the Committee on Environment and Public Works of the
H. R. 3080—55 
Senate and the Committee on Transportation and Infra-
structure of the House of Representatives an update of 
the report described in subparagraph (A). 
(C) FAILURE TO MEET DEADLINE.—If the Secretary fails 
to submit a report by the required deadline under this 
paragraph, the Secretary shall submit to the Committee 
on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the 
House of Representatives a detailed explanation of why 
the deadline was missed and a projected date for submis-
sion of the report. 
(6) ADMINISTRATION.—All laws and regulations that would 
apply to the Secretary if the Secretary were carrying out the 
feasibility study shall apply to a non-Federal interest carrying 
out a feasibility study under this subsection. 
(7) TERMINATION OF AUTHORITY.—The authority to com-
mence a feasibility study under this subsection terminates on 
the date that is 5 years after the date of enactment of this 
Act. 
(8) AUTHORIZATION OF APPROPRIATIONS.—In addition to any 
amounts appropriated for a specific project, there is authorized 
to be appropriated to the Secretary to carry out the pilot pro-
gram under this subsection, including the costs of administra-
tion of the Secretary, $25,000,000 for each of fiscal years 2015 
through 2019. 
(b) NON-FEDERAL PROJECT IMPLEMENTATION PILOT PROGRAM.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall establish and 
implement a pilot program to evaluate the cost-effectiveness 
and project delivery efficiency of allowing non-Federal interests 
to carry out flood risk management, hurricane and storm dam-
age reduction, coastal harbor and channel inland navigation, 
and aquatic ecosystem restoration projects. 
(2) PURPOSES.—The purposes of the pilot program are— 
(A) to identify project delivery and cost-saving alter-
natives that reduce the backlog of authorized Corps of 
Engineers projects; 
(B) to evaluate the technical, financial, and organiza-
tional efficiencies of a non-Federal interest carrying out 
the design, execution, management, and construction of 
1 or more projects; and 
(C) to evaluate alternatives for the decentralization 
of the project management, design, and construction for 
authorized Corps of Engineers water resources projects. 
(3) ADMINISTRATION.— 
(A) IN GENERAL.—In carrying out the pilot program, 
the Secretary shall— 
(i) identify a total of not more than 15 projects 
for flood risk management, hurricane and storm dam-
age reduction (including levees, floodwalls, flood control 
channels, and water control structures), coastal harbor 
and channels, inland navigation, and aquatic eco-
system restoration that have been authorized for 
construction prior to the date of enactment of this 
Act, including— 
(I) not more than 12 projects that—
H. R. 3080—57 
schedule, based on estimated funding levels, that lists all 
deadlines for each milestone in the construction of the 
project. 
(C) TECHNICAL ASSISTANCE.—On the request of a non- 
Federal interest, the Secretary may provide technical 
assistance to the non-Federal interest, if the non-Federal 
interest contracts with and compensates the Secretary for 
the technical assistance relating to— 
(i) any study, engineering activity, and design 
activity for construction carried out by the non-Federal 
interest under this subsection; and 
(ii) expeditiously obtaining any permits necessary 
for the project. 
(4) COST SHARE.—Nothing in this subsection affects the 
cost-sharing requirement applicable on the day before the date 
of enactment of this Act to a project carried out under this 
subsection. 
(5) REPORT.— 
(A) IN
GENERAL.—Not later than 3 years after the 
date of enactment of this Act, the Secretary shall submit 
to the Committee on Environment and Public Works of 
the Senate and the Committee on Transportation and Infra-
structure of the House of Representatives and make pub-
licly available a report detailing the results of the pilot 
program carried out under this subsection, including— 
(i) a description of the progress of non-Federal 
interests in meeting milestones in detailed project 
schedules developed pursuant to paragraph (2)(B); and 
(ii) any recommendations of the Secretary con-
cerning whether the program or any component of 
the program should be implemented on a national 
basis. 
(B) UPDATE.—Not later than 5 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 an update of 
the report described in subparagraph (A). 
(C) FAILURE TO MEET DEADLINE.—If the Secretary fails 
to submit a report by the required deadline under this 
paragraph, the Secretary shall submit to the Committee 
on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the 
House of Representatives a detailed explanation of why 
the deadline was missed and a projected date for submis-
sion of the report. 
(6) ADMINISTRATION.—All laws and regulations that would 
apply to the Secretary if the Secretary were carrying out the 
project shall apply to a non-Federal interest carrying out a 
project under this subsection. 
(7) TERMINATION OF AUTHORITY.—The authority to com-
mence a project under this subsection terminates on the date 
that is 5 years after the date of enactment of this Act. 
(8) AUTHORIZATION OF APPROPRIATIONS.—In addition to any 
amounts appropriated for a specific project, there is authorized
H. R. 3080—58 
to be appropriated to the Secretary to carry out the pilot pro-
gram under this subsection, including the costs of administra-
tion of the Secretary, $25,000,000 for each of fiscal years 2015 
through 2019. 
SEC. 1044. INDEPENDENT PEER REVIEW. 
(a) MANDATORY PROJECT STUDIES SUBJECT TO PEER REVIEW.— 
Section 2034(a)(3)(A)(i) of the Water Resources Development Act 
of 2007 (33 U.S.C. 2343(a)(3)(A)(i)) is amended by striking 
‘‘$45,000,000’’ and inserting ‘‘$200,000,000’’. 
(b) TIMING OF PEER REVIEW.—Section 2034(b) of the Water 
Resources Development Act of 2007 (33 U.S.C. 2343(b)) is 
amended— 
(1) by redesignating paragraph (3) as paragraph (4); and 
(2) by inserting after paragraph (2) the following: 
‘‘(3) REASONS FOR TIMING.—If the Chief of Engineers does 
not initiate a peer review for a project study at a time described 
in paragraph (2), the Chief shall— 
‘‘(A) not later than 7 days after the date on which 
the Chief of Engineers determines not to initiate a peer 
review— 
‘‘(i) notify the Committee on Environment and 
Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives of that decision; and 
‘‘(ii) make publicly available, including on the 
Internet, the reasons for not conducting the review; 
and 
‘‘(B) include the reasons for not conducting the review 
in the decision document for the project study.’’. 
(c) ESTABLISHMENT OF PANELS.—Section 2034(c) of the Water 
Resources Development Act of 2007 (33 U.S.C. 2343(c)) is amended 
by striking paragraph (4) and inserting the following: 
‘‘(4) CONGRESSIONAL AND PUBLIC NOTIFICATION.—Following 
the identification of a project study for peer review under 
this section, but prior to initiation of the review by the panel 
of experts, the Chief of Engineers shall, not later than 7 days 
after the date on which the Chief of Engineers determines 
to conduct a review— 
‘‘(A) notify the Committee on Environment and Public 
Works of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives of the 
review conducted under this section; and 
‘‘(B) make publicly available, including on the Internet, 
information on— 
‘‘(i) the dates scheduled for beginning and ending 
the review; 
‘‘(ii) the entity that has the contract for the review; 
and 
‘‘(iii) the names and qualifications of the panel 
of experts.’’. 
(d) RECOMMENDATIONS OF PANEL.—Section 2034(f) of the Water 
Resources Development Act of 2007 (33 U.S.C. 2343(f)) is amended 
by striking paragraph (2) and inserting the following: 
‘‘(2) PUBLIC AVAILABILITY AND SUBMISSION TO CONGRESS.— 
After receiving a report on a project study from a panel of 
experts under this section, the Chief of Engineers shall make
H. R. 3080—59 
available to the public, including on the Internet, and submit 
to the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infrastruc-
ture of the House of Representatives— 
‘‘(A) a copy of the report not later than 7 days after 
the date on which the report is delivered to the Chief 
of Engineers; and 
‘‘(B) a copy of any written response of the Chief of 
Engineers on recommendations contained in the report not 
later than 3 days after the date on which the response 
is delivered to the Chief of Engineers. 
‘‘(3) INCLUSION IN PROJECT STUDY.—A report on a project 
study from a panel of experts under this section and the written 
response of the Chief of Engineers shall be included in the 
final decision document for the project study.’’. 
(e) APPLICABILITY.—Section 2034(h)(2) of the Water Resources 
Development Act of 2007 (33 U.S.C. 2343(h)(2)) is amended by 
striking ‘‘7 years’’ and inserting ‘‘12 years’’. 
SEC. 1045. REPORT ON SURFACE ELEVATIONS AT DROUGHT AFFECTED 
LAKES. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the Secretary, in coordination with the Fed-
eral Energy Regulatory Commission (referred to in this section 
as ‘‘FERC’’), shall initiate an assessment of the effects of drought 
conditions on lakes managed by the Secretary that are affected 
by FERC-licensed reservoirs, which shall include an assessment 
of— 
(1) lake levels and rule curves in areas of previous, current, 
and prolonged drought; and 
(2) the effect the long-term FERC licenses have on the 
ability of the Secretary to manage lakes for hydropower genera-
tion, navigation, flood protection, water supply, fish and wild-
life, and recreation. 
(b) REPORT.—The Secretary, in coordination with the FERC, 
shall submit to Congress and make publicly available a report 
on the assessment carried out under subsection (a). 
SEC. 1046. RESERVOIR OPERATIONS AND WATER SUPPLY. 
(a) DAM OPTIMIZATION.— 
(1) DEFINITION OF PROJECT.—In this subsection, the term 
‘‘project’’ means a water resources development project that 
is operated and maintained by the Secretary. 
(2) REPORTS.— 
(A) ASSESSMENT OF WATER SUPPLY IN ARID REGIONS.— 
(i) IN GENERAL.—The Secretary shall conduct an 
assessment of the management practices, priorities, 
and authorized purposes at Corps of Engineers res-
ervoirs in arid regions to determine the effects of such 
practices, priorities, and purposes on water supply 
during periods of drought. 
(ii) INCLUSIONS.—The assessment under clause (i) 
shall identify actions that can be carried out within 
the scope of existing authorities of the Secretary to 
increase project flexibility for the purpose of mitigating 
drought impacts. 
(iii) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall submit
H. R. 3080—60 
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 on the results 
of the assessment. 
(B) UPDATED REPORT.— 
(i) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall 
update and make publicly available the report entitled 
‘‘Authorized and Operating Purposes of Corps of Engi-
neers Reservoirs’’ and dated July 1992, which was 
produced pursuant to section 311 of the Water 
Resources Development Act of 1990 (104 Stat. 4639). 
(ii) INCLUSIONS.—The updated report described in 
clause (i) shall— 
(I) include— 
(aa) the date on which the most recent 
review of project operations was conducted and 
any recommendations of the Secretary relating 
to that review the Secretary determines to 
be significant; 
(bb) the activities carried out pursuant 
to each such review to improve the efficiency 
of operations and maintenance and to improve 
project benefits consistent with authorized 
purposes; 
(cc) the degree to which reviews of project 
operations and subsequent activities pursuant 
to completed reviews complied with the poli-
cies and requirements of applicable law and 
regulations; and 
(dd) a plan for reviewing the operations 
of individual projects, including a detailed 
schedule for future reviews of project oper-
ations, that— 
(AA) complies with the polices and 
requirements of applicable law and regu-
lations; 
(BB) gives priority to reviews and 
activities carried out pursuant to such 
plan where the Secretary determines that 
there is support for carrying out those 
reviews and activities; and 
(CC) ensures that reviews and activi-
ties are carried out pursuant to such plan; 
(II) be coordinated with appropriate Federal, 
State, and local agencies and those public and 
private entities that the Secretary determines may 
be affected by those reviews or activities; 
(III) not supersede or modify any written 
agreement between the Federal Government and 
a non-Federal interest that is in effect on the 
date of enactment of this Act; 
(IV) not supersede or authorize any amend-
ment to a multistate water control plan, including 
the Missouri River Master Water Control Manual 
(as in effect on the date of enactment of this Act);
H. R. 3080—61 
(V) not affect any water right in existence 
on the date of enactment of this Act; 
(VI) not preempt or affect any State water 
law or interstate compact governing water; 
(VII) not affect any authority of a State, as 
in effect on the date of enactment of this Act, 
to manage water resources within that State; and 
(VIII) comply with section 301 of the Water 
Supply Act of 1958 (43 U.S.C. 390b). 
(3) GENERAL
ACCOUNTABILITY
OFFICE
REPORT
TO
CON-
GRESS.—The Comptroller General shall— 
(A) conduct an audit to determine— 
(i) whether reviews of project operations carried 
out by the Secretary prior to the date of enactment 
of this Act complied with the policies and requirements 
of applicable law and regulations; and 
(ii) whether the plan developed by the Secretary 
pursuant to paragraph (2)(B)(ii)(I)(dd) complies with 
this subsection and with the policies and requirements 
of applicable law and regulation; and 
(B) not later than 2 years after the date of enactment 
of this Act, submit to Congress a report that— 
(i) summarizes the results of the audit required 
by subparagraph (A); 
(ii) includes an assessment of whether existing 
practices for managing and reviewing project oper-
ations could result in greater efficiencies that would 
enable the Corps of Engineers to better prepare for, 
contain, and respond to flood, storm, and drought 
conditions; and 
(iii) includes recommendations for improving the 
review of project operations to improve the efficiency 
and effectiveness of such operations and to better 
achieve authorized purposes while enhancing overall 
project benefits. 
(4) INTERAGENCY AND COOPERATIVE AGREEMENTS.—The Sec-
retary may enter into interagency agreements with other Fed-
eral agencies and cooperative agreements with non-Federal 
entities to carry out this subsection and reviews of project 
operations or activities resulting from those reviews. 
(5) FUNDING.— 
(A) IN GENERAL.—The Secretary may use to carry out 
this subsection, including any reviews of project operations 
identified 
in 
the 
plan 
developed 
under 
paragraph 
(2)(B)(ii)(I)(dd), amounts made available to the Secretary. 
(B) FUNDING
FROM
OTHER
SOURCES.—The Secretary 
may accept and expend amounts from non-Federal entities 
and other Federal agencies to carry out this subsection 
and reviews of project operations or activities resulting 
from those reviews. 
(6) EFFECT OF SUBSECTION.— 
(A) IN GENERAL.—Nothing in this subsection changes 
the authorized purpose of any Corps of Engineers dam 
or reservoir. 
(B) ADMINISTRATION.—The Secretary may carry out 
any recommendations and activities under this subsection 
pursuant to existing law.
H. R. 3080—62 
(b) IMPROVING
PLANNING
AND
ADMINISTRATION
OF
WATER 
SUPPLY STORAGE.— 
(1) IN GENERAL.—For each water supply feature of a res-
ervoir managed by the Secretary, the Secretary shall notify 
the applicable non-Federal interests before each fiscal year 
of the anticipated operation and maintenance activities for that 
fiscal year and each of the subsequent 4 fiscal years (including 
the cost of those activities) for which the non-Federal interests 
are required to contribute amounts. 
(2) CLARIFICATION.—The information provided to a non- 
Federal interest under paragraph (1) shall— 
(A) be an estimate which the non-Federal interest may 
use for planning purposes; and 
(B) not be construed as or relied upon by the non- 
Federal interest as the actual amounts that the non-Fed-
eral interest will be required to contribute. 
(c) SURPLUS WATER STORAGE.— 
(1) IN
GENERAL.—The Secretary shall not charge a fee 
for surplus water under a contract entered into pursuant to 
section 6 of the Act of December 22, 1944 (commonly known 
as the ‘‘Flood Control Act of 1944’’) (33 U.S.C. 708) if the 
contract is for surplus water stored in the Upper Missouri 
Mainstem Reservoirs. 
(2) OFFSET.— 
(A) IN GENERAL.—Subject to subparagraph (B), of any 
amounts made available to the Secretary to carry out activi-
ties under the heading ‘‘OPERATION
AND
MAINTENANCE’’ 
under the heading ‘‘CORPS
OF ENGINEERS–CIVIL’’ that 
remain unobligated as of the date of enactment of this 
Act, $5,000,000 is rescinded. 
(B) RESTRICTION.—No amounts that have been des-
ignated by Congress as being for emergency requirements 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (2 U.S.C. 
901(b)(2)(A)(i)) shall be rescinded under subparagraph (A). 
(3) LIMITATION.—The limitation provided under paragraph 
(1) shall expire on the date that is 10 years after the date 
of enactment of this Act. 
(4) APPLICABILITY.—Nothing in this subsection— 
(A) affects the authority of the Secretary under section 
2695 of title 10, United States Code, to accept funds or 
to cover the administrative expenses relating to certain 
real property transactions; or 
(B) affects the application of section 6 of the Act of 
December 22, 1944 (commonly known as the ‘‘Flood Control 
Act of 1944’’) (33 U.S.C. 708) to surplus water stored outside 
of the Upper Missouri Mainstem Reservoirs. 
(d) FUTURE WATER SUPPLY.—Section 301 of the Water Supply 
Act of 1958 (43 U.S.C. 390b) is amended— 
(1) by redesignating subsections (c) and (d) as subsections 
(d) and (e), respectively; and 
(2) by inserting after subsection (b) the following: 
‘‘(c) RELEASE OF FUTURE WATER STORAGE.— 
‘‘(1) ESTABLISHMENT OF 10-YEAR PLANS FOR THE UTILIZATION 
OF FUTURE STORAGE.— 
‘‘(A) IN GENERAL.—For the period beginning 180 days 
after the date of enactment of this paragraph and ending
H. R. 3080—63 
on January 1, 2016, the Secretary may accept from a 
State or local interest a plan for the utilization of allocated 
water storage for future use under this Act. 
‘‘(B) CONTENTS.—A plan submitted under subpara-
graph (A) shall include— 
‘‘(i) a 10-year timetable for the conversion of future 
use storage to present use; and 
‘‘(ii) a schedule of actions that the State or local 
interest agrees to carry out over a 10-year period, 
in cooperation with the Secretary, to seek new and 
alternative users of future water storage that is con-
tracted to the State or local interest on the date of 
enactment of this paragraph. 
‘‘(2) FUTURE WATER STORAGE.—For water resource develop-
ment projects managed by the Secretary, a State or local 
interest that the Secretary determines has complied with para-
graph (1) may request from the Secretary a release to the 
United States of any right of the State or local interest to 
future water storage under this Act that was allocated for 
future use water supply prior to November 17, 1986. 
‘‘(3) ADMINISTRATION.— 
‘‘(A) IN
GENERAL.—Not later than 180 days after 
receiving a request under paragraph (2), the Secretary 
shall provide to the applicable State or local interest a 
written decision on whether the Secretary recommends 
releasing future water storage rights. 
‘‘(B) RECOMMENDATION.—If the Secretary recommends 
releasing future water storage rights, the Secretary shall 
include that recommendation in the annual plan submitted 
under section 7001 of the Water Resources Reform and 
Development Act of 2014. 
‘‘(4) SAVINGS CLAUSE.—Nothing in this subsection author-
izes the Secretary to release a State or local interest from 
a contractual obligation unless specifically authorized by Con-
gress.’’. 
SEC. 1047. SPECIAL USE PERMITS. 
(a) SPECIAL USE PERMITS.— 
(1) IN GENERAL.—The Secretary may issue special permits 
for uses such as group activities, recreation events, motorized 
recreation vehicles, and such other specialized recreation uses 
as the Secretary determines to be appropriate, subject to such 
terms and conditions as the Secretary determines to be in 
the best interest of the Federal Government. 
(2) FEES.— 
(A) IN GENERAL.—In carrying out this subsection, the 
Secretary may— 
(i) establish and collect fees associated with the 
issuance of the permits described in paragraph (1); 
or 
(ii) accept in-kind services in lieu of those fees. 
(B) OUTDOOR RECREATION EQUIPMENT.—The Secretary 
may establish and collect fees for the provision of outdoor 
recreation equipment and services for activities described 
in paragraph (1) at public recreation areas located at lakes 
and reservoirs operated by the Corps of Engineers.
H. R. 3080—64 
(C) USE
OF
FEES.—Any fees generated pursuant to 
this subsection shall be— 
(i) retained at the site collected; and 
(ii) available for use, without further appropria-
tion, solely for administering the special permits under 
this subsection and carrying out related operation and 
maintenance activities at the site at which the fees 
are collected. 
(b) COOPERATIVE MANAGEMENT.— 
(1) PROGRAM.— 
(A) IN GENERAL.—Subject to subparagraph (B), the Sec-
retary may enter into an agreement with a State or local 
government to provide for the cooperative management 
of a public recreation area if— 
(i) the public recreation area is located— 
(I) at a lake or reservoir operated by the Corps 
of Engineers; and 
(II) adjacent to or near a State or local park 
or recreation area; and 
(ii) the Secretary determines that cooperative 
management between the Corps of Engineers and a 
State or local government agency of a portion of the 
Corps of Engineers recreation area or State or local 
park or recreation area will allow for more effective 
and efficient management of those areas. 
(B) RESTRICTION.—The Secretary may not transfer 
administration responsibilities for any public recreation 
area operated by the Corps of Engineers. 
(2) ACQUISITION OF GOODS AND SERVICES.—The Secretary 
may acquire from or provide to a State or local government 
with which the Secretary has entered into a cooperative agree-
ment under paragraph (1) goods and services to be used by 
the Secretary and the State or local government in the coopera-
tive management of the areas covered by the agreement. 
(3) ADMINISTRATION.—The Secretary may enter into 1 or 
more cooperative management agreements or such other 
arrangements as the Secretary determines to be appropriate, 
including leases or licenses, with non-Federal interests to share 
the costs of operation, maintenance, and management of recre-
ation facilities and natural resources at recreation areas that 
are jointly managed and funded under this subsection. 
(c) USE OF FUNDS.— 
(1) IN GENERAL.—If the Secretary determines that it is 
in the public interest for purposes of enhancing recreation 
opportunities at Corps of Engineers water resources develop-
ment projects, the Secretary may use funds made available 
to the Secretary to support activities carried out by State, 
local, and tribal governments and such other public or private 
nonprofit entities as the Secretary determines to be appropriate. 
(2) COOPERATIVE AGREEMENTS.—Any use of funds pursuant 
to this subsection shall be carried out through the execution 
of a cooperative agreement, which shall contain such terms 
and conditions as the Secretary determines to be necessary 
in the public interest. 
(d) SERVICES OF VOLUNTEERS.—Chapter IV of title I of Public 
Law 98–63 (33 U.S.C. 569c) is amended in the first sentence by 
inserting ‘‘, including expenses relating to uniforms, transportation,
H. R. 3080—65 
lodging, and the subsistence of those volunteers,’’ after ‘‘incidental 
expenses’’. 
(e) TRAINING AND EDUCATIONAL ACTIVITIES.—Section 213(a) of 
the Water Resources Development Act of 2000 (33 U.S.C. 2339) 
is amended by striking ‘‘at’’ and inserting ‘‘about’’. 
SEC. 1048. AMERICA THE BEAUTIFUL NATIONAL PARKS AND FEDERAL 
RECREATIONAL LANDS PASS PROGRAM. 
The Secretary may participate in the America the Beautiful 
National Parks and Federal Recreational Lands Pass program in 
the same manner as the National Park Service, the Bureau of 
Land Management, the United States Fish and Wildlife Service, 
the Forest Service, and the Bureau of Reclamation, including the 
provision of free annual passes to active duty military personnel 
and dependents. 
SEC. 1049. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND 
COUNTERMEASURE RULE. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Administrator of the Environmental 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 
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 successor regulations). 
(6) REPORTABLE OIL DISCHARGE HISTORY.— 
(A) IN
GENERAL.—Subject to subparagraph (B), the 
term ‘‘reportable oil discharge history’’ means a single oil 
discharge, as described in section 112.1(b) of title 40, Code 
of Federal Regulations (including successor regulations), 
that exceeds 1,000 gallons or 2 oil discharges, as described 
in section 112.1(b) of title 40, Code of Federal Regulations 
(including successor regulations), that each exceed 42 gal-
lons within any 12-month period— 
(i) in the 3 years prior to the certification date 
of the Spill Prevention, Control, and Countermeasure 
plan (as described in section 112.3 of title 40, Code 
of Federal Regulations (including successor regula-
tions); or 
(ii) since becoming subject to part 112 of title 40, 
Code of Federal Regulations, if the facility has been 
in operation for less than 3 years. 
(B) EXCLUSIONS.—The term ‘‘reportable oil discharge 
history’’ does not include an oil discharge, as described 
in section 112.1(b) of title 40, Code of Federal Regulations 
(including successor regulations), that is the result of a 
natural disaster, an act of war, or terrorism. 
(7) SPILL
PREVENTION, CONTROL, AND
COUNTERMEASURE 
RULE.—The term ‘‘Spill Prevention, Control, and Counter-
measure rule’’ means the regulation, including amendments,
H. R. 3080—66 
promulgated by the Administrator under part 112 of title 40, 
Code of Federal Regulations (or successor regulations). 
(b) CERTIFICATION.—In implementing the Spill Prevention, Con-
trol, and Countermeasure rule with respect to any farm, the 
Administrator shall— 
(1) require certification by a professional engineer for a 
farm with— 
(A) an individual tank with an aboveground storage 
capacity greater than 10,000 gallons; 
(B) an aggregate aboveground storage capacity greater 
than or equal to 20,000 gallons; or 
(C) a reportable oil discharge history; or 
(2) allow certification by the owner or operator of the farm 
(via self-certification) for a farm with— 
(A) an aggregate aboveground storage capacity less 
than 20,000 gallons and greater than the lesser of— 
(i) 6,000 gallons; and 
(ii) the adjustment quantity established under sub-
section (d)(2); and 
(B) no reportable oil discharge history; and 
(3) not require compliance with the rule by any farm— 
(A) with an aggregate aboveground storage capacity 
greater than 2,500 gallons and less than the lesser of— 
(i) 6,000 gallons; and 
(ii) the adjustment quantity established under sub-
section (d)(2); and 
(B) no reportable oil discharge history; and 
(4) not require compliance with the rule by any farm with 
an aggregate aboveground storage capacity of less than 2,500 
gallons. 
(c) CALCULATION
OF
AGGREGATE
ABOVEGROUND
STORAGE 
CAPACITY.—For purposes of subsection (b), the aggregate above-
ground storage capacity of a farm excludes— 
(1) all containers on separate parcels that have a capacity 
that is 1,000 gallons or less; and 
(2) all containers holding animal feed ingredients approved 
for use in livestock feed by the Commissioner of Food and 
Drugs. 
(d) STUDY.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Administrator, in consultation 
with the Secretary of Agriculture, shall conduct a study to 
determine the appropriate exemption under paragraphs (2) and 
(3) of subsection (b), which shall be not more than 6,000 gallons 
and not less than 2,500 gallons, based on a significant risk 
of discharge to water. 
(2) ADJUSTMENT.—Not later than 18 months after the date 
on which the study described in paragraph (1) is complete, 
the Administrator, in consultation with the Secretary of Agri-
culture, shall promulgate a rule to adjust the exemption levels 
described in paragraphs (2) and (3) of subsection (b) in accord-
ance with the study. 
SEC. 1050. NAMINGS. 
(a) DONALD G. WALDON LOCK AND DAM.—It is the sense of 
Congress that, at an appropriate time and in accordance with
H. R. 3080—67 
the rules of the Senate and the House of Representatives, to recog-
nize the contributions of Donald G. Waldon, whose selfless deter-
mination and tireless work, while serving as administrator of the 
Tennessee-Tombigbee Waterway for 21 years, contributed greatly 
to the realization and success of the Tennessee-Tombigbee Water-
way Development Compact, that the lock and dam located at mile 
357.5 on the Tennessee-Tombigbee Waterway should be known 
and designated as the ‘‘Donald G. Waldon Lock and Dam’’. 
(b) REDESIGNATION OF LOWER MISSISSIPPI RIVER MUSEUM AND 
RIVERFRONT INTERPRETIVE SITE.— 
(1) IN GENERAL.—Section 103(c)(1) of the Water Resources 
Development Act of 1992 (106 Stat. 4811) is amended by 
striking ‘‘Lower Mississippi River Museum and Riverfront 
Interpretive Site’’ and inserting ‘‘Jesse Brent Lower Mississippi 
River Museum and Riverfront Interpretive Site’’. 
(2) REFERENCES.—Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
museum and interpretive site referred to in paragraph (1) shall 
be deemed to be a reference to the ‘‘Jesse Brent Lower Mis-
sissippi River Museum and Riverfront Interpretive Site’’. 
(c) JERRY F. COSTELLO LOCK AND DAM.— 
(1) REDESIGNATION.—The lock and dam located in Modoc, 
Illinois, authorized by the Act of July 3, 1930 (46 Stat. 927), 
and commonly known as the Kaskaskia Lock and Dam, is 
redesignated as the ‘‘Jerry F. Costello Lock and Dam’’. 
(2) REFERENCES.—Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
lock and dam referred to in section 1 shall be deemed to 
be a reference to the ‘‘Jerry F. Costello Lock and Dam’’. 
SEC. 1051. INTERSTATE WATER AGREEMENTS AND COMPACTS. 
(a) WATER SUPPLY.—Section 301 of the Water Supply Act of 
1958 (43 U.S.C. 390b) (as amended by section 1046(d)) is amended 
by adding at the end the following: 
‘‘(f) The Committees of jurisdiction are very concerned about 
the operation of projects in the Apalachicola-Chattahoochee-Flint 
River System and the Alabama-Coosa-Tallapoosa River System, 
and further, the Committees of jurisdiction recognize that this 
ongoing water resources dispute raises serious concerns related 
to the authority of the Secretary of the Army to allocate substantial 
storage at projects to provide local water supply pursuant to the 
Water Supply Act of 1958 absent congressional approval. Interstate 
water disputes of this nature are more properly addressed through 
interstate water agreements that take into consideration the con-
cerns of all affected States including impacts to other authorized 
uses of the projects, water supply for communities and major cities 
in the region, water quality, freshwater flows to communities, rivers, 
lakes, estuaries, and bays located downstream of projects, agricul-
tural uses, economic development, and other appropriate concerns. 
To that end, the Committees of jurisdiction strongly urge the Gov-
ernors of the affected States to reach agreement on an interstate 
water compact as soon as possible, and we pledge our commitment 
to work with the affected States to ensure prompt consideration 
and approval of any such agreement. Absent such action, the 
Committees of jurisdiction should consider appropriate legislation 
to address these matters including any necessary clarifications to
H. R. 3080—68 
the Water Supply Act of 1958 or other law. This subsection does 
not alter existing rights or obligations under law.’’. 
(b) SENSE OF CONGRESS REGARDING INTERSTATE WATER AGREE-
MENTS AND COMPACTS.— 
(1) FINDINGS.—Congress finds the following: 
(A) States and local interests have primary responsi-
bility for developing water supplies for domestic, municipal, 
industrial, and other purposes. 
(B) The Federal Government cooperates with States 
and local interests in developing water supplies through 
the construction, maintenance, and operation of Federal 
water resources development projects. 
(C) Interstate water disputes are most properly 
addressed through interstate water agreements or com-
pacts that take into consideration the concerns of all 
affected States. 
(2) SENSE OF CONGRESS.—It is the sense of Congress that— 
(A) Congress and the Secretary should urge States 
to reach agreement on interstate water agreements and 
compacts; 
(B) at the request of the Governor of a State, the 
Secretary should facilitate and assist in the development 
of an interstate water agreement or compact; 
(C) Congress should provide prompt consideration of 
interstate water agreements and compacts; and 
(D) the Secretary should adopt policies and implement 
procedures for the operation of reservoirs of the Corps 
of Engineers that are consistent with interstate water 
agreements and compacts. 
SEC. 1052. SENSE OF CONGRESS REGARDING WATER RESOURCES 
DEVELOPMENT BILLS. 
It is the sense of Congress that, because the missions of the 
Corps of Engineers are unique and benefit all individuals in the 
United States and because water resources development projects 
are critical to maintaining economic prosperity, national security, 
and environmental protection, Congress should consider a water 
resources development bill not less than once every Congress. 
TITLE II—NAVIGATION 
Subtitle A—Inland Waterways 
SEC. 2001. DEFINITIONS. 
In this title: 
(1) INLAND WATERWAYS TRUST FUND.—The term ‘‘Inland 
Waterways Trust Fund’’ means the Inland Waterways Trust 
Fund established by section 9506(a) of the Internal Revenue 
Code of 1986. 
(2) QUALIFYING
PROJECT.—The term ‘‘qualifying project’’ 
means any construction or major rehabilitation project for 
navigation infrastructure of the inland and intracoastal water-
ways that is— 
(A) authorized before, on, or after the date of enactment 
of this Act;
H. R. 3080—69 
(B) not completed on the date of enactment of this 
Act; and 
(C) funded at least in part from the Inland Waterways 
Trust Fund. 
SEC. 2002. PROJECT DELIVERY PROCESS REFORMS. 
(a) REQUIREMENTS FOR QUALIFYING PROJECTS.—With respect 
to each qualifying project, the Secretary shall require— 
(1) for each project manager, that— 
(A) the project manager have formal project manage-
ment training and certification; and 
(B) the project manager be assigned from among per-
sonnel certified by the Chief of Engineers; and 
(2) for an applicable cost estimation, that— 
(A) the Secretary utilize a risk-based cost estimate 
with a confidence level of at least 80 percent; and 
(B) the cost estimate be developed— 
(i) for a qualifying project that requires an increase 
in the authorized amount in accordance with section 
902 of the Water Resources Development Act of 1986 
(33 U.S.C. 2280), during the preparation of a post- 
authorization change report or other similar decision 
document; 
(ii) for a qualifying project for which the first 
construction contract has not been awarded, prior to 
the award of the first construction contract; 
(iii) for a qualifying project without a completed 
feasibility report in accordance with section 905 of 
the Water Resources Development Act of 1986 (33 
U.S.C. 2282), prior to the completion of such a report; 
and 
(iv) for a qualifying project with a completed feasi-
bility report in accordance with section 905 of the 
Water Resources Development Act of 1986 (33 U.S.C. 
2282) that has not yet been authorized, during design 
for the qualifying project. 
(b) ADDITIONAL PROJECT DELIVERY PROCESS REFORMS.—Not 
later than 18 months after the date of enactment of this Act, 
the Secretary shall— 
(1) establish a system to identify and apply on a continuing 
basis best management practices from prior or ongoing quali-
fying projects to improve the likelihood of on-time and on- 
budget completion of qualifying projects; 
(2) evaluate early contractor involvement acquisition proce-
dures to improve on-time and on-budget project delivery 
performance; and 
(3) implement any additional measures that the Secretary 
determines will achieve the purposes of this subtitle, 
including— 
(A) the implementation of applicable practices and 
procedures developed pursuant to management by the Sec-
retary of an applicable military construction program; 
(B) the development and use of a portfolio of standard 
designs for inland navigation locks, incorporating the use 
of a center of expertise for the design and review of quali-
fying projects;
H. R. 3080—70 
(C) the use of full-funding contracts or formulation 
of a revised continuing contracts clause; and 
(D) the establishment of procedures for recommending 
new project construction starts using a capital projects 
business model. 
(c) PILOT PROJECTS.— 
(1) IN GENERAL.—Subject to paragraph (2), the Secretary 
may carry out pilot projects to evaluate processes and proce-
dures for the study, design, and construction of qualifying 
projects. 
(2) INCLUSIONS.—At a minimum, the Secretary shall carry 
out pilot projects under this subsection to evaluate— 
(A) early contractor involvement in the development 
of features and components; 
(B) an appropriate use of continuing contracts for the 
construction of features and components; and 
(C) applicable principles, procedures, and processes 
used for military construction projects. 
(d) INLAND WATERWAYS USERS BOARD.—Section 302 of the 
Water Resources Development Act of 1986 (33 U.S.C. 2251) is 
amended— 
(1) by striking subsection (b) and inserting the following: 
‘‘(b) DUTIES OF USERS BOARD.— 
‘‘(1) IN GENERAL.—The Users Board shall meet not less 
frequently than semiannually to develop and make rec-
ommendations to the Secretary and Congress regarding the 
inland waterways and inland harbors of the United States. 
‘‘(2) ADVICE
AND
RECOMMENDATIONS.—For commercial 
navigation features and components of the inland waterways 
and inland harbors of the United States, the Users Board 
shall provide— 
‘‘(A) prior to the development of the budget proposal 
of the President for a given fiscal year, advice and rec-
ommendations to the Secretary regarding construction and 
rehabilitation priorities and spending levels; 
‘‘(B) 
advice 
and 
recommendations 
to 
Congress 
regarding any feasibility report for a project on the inland 
waterway system that has been submitted to Congress 
pursuant to section 7001 of the Water Resources Reform 
and Development Act of 2014; 
‘‘(C) 
advice 
and 
recommendations 
to 
Congress 
regarding an increase in the authorized cost of those fea-
tures and components; 
‘‘(D) not later than 60 days after the date of the submis-
sion of the budget proposal of the President to Congress, 
advice and recommendations to Congress regarding 
construction and rehabilitation priorities and spending 
levels; and 
‘‘(E) advice and recommendations on the development 
of a long-term capital investment program in accordance 
with subsection (d). 
‘‘(3) PROJECT DEVELOPMENT TEAMS.—The chairperson of the 
Users Board shall appoint a representative of the Users Board 
to serve as an advisor to the project development team for 
a qualifying project or the study or design of a commercial 
navigation feature or component of the inland waterways and 
inland harbors of the United States.