Water Resources Reform and Development Act of 2014

Bill: 113-hr-3080
Sponsor: full_name: Rep. Shuster, Bill [R-PA-9]
Introduced: 2013-09-11
Policy area: Water Resources Development
Subjects: Administrative law and regulatory procedures

Administrative remedies

Advanced technology and technological innovations

Advisory bodies

Agricultural conservation and pollution

Alabama

Alaska

Alternative and renewable resources

American Samoa

Aquaculture

Aquatic ecology

Arctic Ocean

Arctic and polar regions

Arkansas

Army Corps of Engineers

Atmospheric science and weather

Birds

Buy American requirements

California

Chesapeake Bay

Climate change and greenhouse gases

Colorado

Congressional oversight

Congressional tributes

Connecticut

Dams and canals

Delaware

Department of Defense

Disaster relief and insurance

Economic performance and conditions

Electric power generation and transmission

Emergency planning and evacuation

Environmental assessment, monitoring, research

Environmental technology

Executive agency funding and structure

Farmland

Federal-Indian relations

Fishes

Floods and storm protection

Florida

Georgia

Government information and archives

Government lending and loan guarantees

Government studies and investigations

Government trust funds

Great Lakes

Guam

Hawaii

Hazardous wastes and toxic substances

Hunting and fishing

Idaho

Illinois

Income tax exclusion

Indian lands and resources rights

Indiana

Infrastructure development

Intergovernmental relations

International organizations and cooperation

Iowa

Kansas

Kentucky

Lakes and rivers

Land transfers

Land use and conservation

Legislative rules and procedure

Licensing and registrations

Louisiana

Maine

Marine and coastal resources, fisheries

Marine and inland water transportation

Marine pollution

Maryland

Massachusetts

Materials

Metals

Minnesota

Mississippi

Mississippi River

Missouri

Missouri River

Montana

Natural disasters

Navigation, waterways, harbors

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York State

North Carolina

North Dakota

Northern Mariana Islands

Oklahoma

Oregon

Outdoor recreation

Parks, recreation areas, trails

Public contracts and procurement

Public participation and lobbying

Public-private cooperation

Puerto Rico

Rhode Island

Rural conditions and development

Sales and excise taxes

Securities

Social work, volunteer service, charitable organizations

Solid waste and recycling

South Dakota

State and local government operations

Tax administration and collection, taxpayers

Texas

User charges and fees

Utah

Virgin Islands

Virginia

Washington State

Water quality

Water resources funding

Water storage

Water use and supply

Watersheds

Wetlands

Wildlife conservation and habitat protection

Wisconsin

Wyoming
Latest action: action_date: 2014-06-10
text: Became Public Law No: 113-121.

Summaries:
action_date: 2013-09-11
action_desc: Introduced in House
text: <p>Water Resources Reform and Development Act of 2013 - <b>Title I: Program Reforms and Streamlining - </b>Revises requirements for feasibility studies under the Water Resources Development Act (WRDA) of 1986 to: (1) limit the duration of any feasibility study to 3 years; (2) limit the cost of any such study to $3 million; and (3) require personnel of the Army Corps of Engineers (Corps) to conduct concurrent reviews of feasibility studies (currently, sequential reviews are permitted). Requires the Secretary of the Army, not later than 90 days after the initiation of a feasibility study, to initiate federally-mandated reviews, including environmental reviews.</p> <p>Amends the WRDA of 2000 to authorize the Secretary to accept and expend funds contributed by a public utility company to expedite the evaluation of a permit for a water resources project or activity under the jurisdiction of the Department of the Army. </p> <p>Amends the WRDA of 2007 to designate the Corps as the federal lead agency in the environmental review process (i.e., preparation of an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 [NEPA]) for a water resources project study. Requires the Corps to: (1) facilitate the expeditious resolution of the environmental review process and complete documents required by NEPA, (2) conduct concurrent environmental reviews, and (3) establish a plan for coordinating public and agency participation in and comment on the environmental review process for a project.</p> <p>Repeals requirements for: (1) a reconnaissance study by the Corps prior to initiating a feasibility study, and (2) review of the cost effectiveness of the design of each water resources project that has a total cost in excess of $10 million.</p> <p>Requires the Secretary to establish a process for the review of section 14 applications. Defines a "section 14 application" as an application for the temporary occupation or use of a public work or the alteration or permanent occupation or use of a public work. </p> <p>Authorizes a non-federal interest (i.e., a sponsor for a water resources project, including federally-recognized Indian tribes and nonprofit entities) to: (1) provide funds to the Corps to carry out feasibility studies and to carry out authorized federal water resources development projects, and (2) make contributions to the operation and maintenance of the inland navigation facilities.</p> <p>Extends the authority of the Secretary to carry out water-related planning activities and studies in Indian country in FY2014-FY2023.</p> <p>Directs the Secretary to establish a pilot program to evaluate the cost effectiveness and project delivery efficiency of allowing non-federal interests to carry out at least 15 authorized water resources development projects for coastal harbor improvement, channel improvement, inland navigation, flood damage reduction, and hurricane and storm damage reduction.</p> <p>Requires the Secretary to submit annual reports to the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works on feasibility studies under this Act and on proposed modifications to an authorized water resources development project or feasibility study.</p> <p>Requires the President, as part of the President's annual budget submission to Congress, to identify and recommend Corps construction projects for which Congress should provide funding at the full level authorized for such projects. Requires the Corps, as part of such budget process, to report on the prioritization of federal action for the next fiscal year to mitigate for fish and wildlife losses due to Corps water resources projects in the Missouri River Basin. </p> <p>Directs the Secretary to make specific project recommendations relating to flood and storm damage reduction activities under the Disaster Relief Appropriations Act, 2013.</p> <p>Directs the Secretary to: (1) carry out a locally preferred plan that provides a higher level of flood protection and is funded by non-federal interests; (2) evaluate alternatives to ensure safety of affected communities and the resiliency of water resources development projects to future flooding and storm events; and (3) establish procedures for providing the public and governmental entities, including Indian tribes, with timely information regarding expected water levels and preparedness actions.</p> <p>Amends the WRDA of 1974 to authorize the Secretary to provide technical assistance to states to encourage state programs for levee safety. Requires the Secretary to establish federal guidelines relating to levee safety.</p> <p>Requires the Secretary to: (1) undertake a comprehensive review of Corps policy on vegetation management for levees, and (2) report on the use of electronic commerce in federal procurement.</p> <p>Amends the WRDA of 1992 to require the Secretary to consider the beneficial use of dredged material in a manner that contributes to the maintenance of sediment resources in the nearby costal system.</p> <p>Directs the Secretary to encourage: (1) advanced modeling technologies, including 3-dimensional digital modeling, for activities related to water resources development projects and studies; (2) corrosion prevention activities at water resources development projects; and (3) the use of durable, resilient, and sustainable material and practices in carrying out Corps activities.</p> <p>Requires the Secretary to conduct an assessment of the management practices, priorities, and authorized purposes at Corps reservoirs in arid regions. </p> <p>Expresses the sense of Congress that Congress should consider a water resources development bill not less than once every Congress.</p> <p><b>Title II: Navigation Improvements - Subtitle A: Ports</b> - Authorizes the Secretary, for any fiscal year in which specified target appropriations are met, to use up to 5% of the total amount made available from the Harbor Maintenance Trust Fund for eligible operations and maintenance costs described in the WRDA of 1986 for that fiscal year for expanded uses of such Trust Fund. </p> <p>Amends the WRDA of 1986 to direct the Secretary to: (1) assess the operation and maintenance needs of harbors used for commercial navigation and fishing and other purposes; (2) make expenditures to pay for operation and maintenance costs of the harbors, based on an equitable allocation of funds among all such harbors, regardless of the size or tonnage throughput of the harbor; (3) allocate, in each of FY2015-2016, not less than 10% of the total amount of the expenditures to pay for operation and maintenance costs of emerging harbors (those that transit less than 1 million tons of commerce annually); and (4) manage and allocate funding for all individually authorized projects in the Great Lakes Navigation System as components of a single, comprehensive system, recognizing the interdependence of the projects.</p> <p>Authorizes the Secretary to enter into an agreement with a non-federal interest to maintain a navigation project for a harbor or inland harbor (federally authorized harbor) in accordance with the WRDA of 1986. </p> <p>Amends the WRDA of 2007 to direct the Secretary to consolidate deep draft navigation expertise within the Corps into a deep draft navigation planning center of expertise. </p> <p>Authorizes the Secretary, with the concurrence of the Administrator of the Environmental Protection Agency (EPA), to reopen the Cape Arundel Disposal Site in Maine as an alternative dredged material disposal site. </p> <p><b>Subtitle B: Inland Waterways - </b>Directs the Secretary, for certain projects for navigation infrastructure of the inland and intracoastal waterways, to utilize certified project managers, utilize risk-based cost estimates, evaluate early contractor involvement acquisition procedures, review the use of fully funded contracts or continuing contracts, identify best management practices to speed project delivery, and develop a portfolio of standard design for inland navigation locks. </p> <p>Directs the Secretary to develop and submit a 20-year investment strategy for making capital investments on the inland and intracoastal waterways. </p> <p>Directs the Comptroller General (GAO) to prepare a report on the efficiency of collecting the fuel tax for the Inland Waterways Trust Fund. </p> <p>Directs the Secretary to study methods of financing the Inland Waterways Trust Fund, including issuance of tax-exempt bonds and imposing user fees, and to consider the feasibility of fees and revenues from alternative sources. </p> <p>Directs the Secretary to conduct an inland waterways stakeholder roundtable to provide for a review and evaluation of alternative approaches to: (1) address the financial needs of the Inland Waterways Trust Fund, and (2) support the water infrastructure needs of the Inland Waterways System. </p> <p>Requires 25% of the cost of construction for the Olmsted Project (a navigation project for Locks 52 and 53 on the Lower Ohio River between Illinois and Kentucky) to be paid from amounts appropriated from the Inland Waterways Trust Fund. Expresses the sense of Congress that the appropriation for the Project should not be less than $150 million for each fiscal year until construction of the Project is completed. </p> <p>Requires the Secretary to submit to Congress an annual financial plan for any inland waterways project that has an estimated total cost of $500 million or more. </p> <p>Directs the Secretary, at least 90 days before carrying out a proposed modification to the operation of a lock at a project for navigation on the inland waterways, to: (1) provide notice of the proposed modification in the Federal Register, and (2) accept public comments on the proposed modification. </p> <p>Directs the Secretary to assess the operation and maintenance needs of the Atlantic Intracoastal Waterway. </p> <p>Directs the Secretary to study and report on the impact of closing the Upper St. Anthony Falls Lock and Dam in Minnesota on the economy and the environment. Provides for the closure of such facility if the annual average tonnage moving through it during the preceding 5 years was not more than 1.5 million tons.</p>Authorizes the Cherokee Nation of Oklahoma to: (1) design and construct one or more hydroelectric generating facilities at the W.D. Mayo Lock and Dam on the Arkansas River, Oklahoma; and (2) market the electricity generated from any such facility. <blockquote></blockquote> <p><b>Title III: Deauthorizations and Backlog Prevention</b> - Directs the Secretary to submit to the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works, and publish in the Federal Register, a report that lists each authorized water resources development project, or separable element of a project, authorized for construction before November 8, 2007: (1) for which construction was not initiated before the enactment of this Act or for which no funds were obligated for construction of the project during the 5-year period ending on July 1, 2013; and (2) that has an estimated cost to complete of at least $12 billion.</p> <p>Directs the Secretary to conduct an assessment of all properties under the control of the Corps of Engineers and develop an inventory of the properties that are not needed for its missions.</p> <p>Provides that a water resources development project, or separable element of such project, shall not be authorized for construction by this Act after the last day of the seven-year period beginning on the date of enactment of this Act unless during that period funds have been obligated for construction of such project.</p> <p>Deauthorizes projects for flood protection, navigation, shoreline protection, and other improvement at specified locations in California, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Texas, and Wisconsin. Provides for land conveyances in Oklahoma and Washington. </p> <p><b>Title IV: Water Resources Infrastructure</b> - Authorizes specified final feasibility studies for water resources development and conservation and other purposes, including regarding: (1) navigation in Texas, Louisiana, Florida, and Georgia; (2) flood risk management in Kansas, California, Iowa, Minnesota, North Dakota, and Kentucky; (3) hurricane and storm damage risk reduction in North Carolina and California; (4) hurricane and storm damage risk reduction and environmental restoration in Mississippi; and (5) environmental restoration in Maryland, Florida, Louisiana, Minnesota, and North Carolina.</p> <p>Modifies projects for: (1) navigation at Miami Harbor, Miami-Dade County, Florida, and at the Lower Ohio River, Illinois and Kentucky; and (2) flood control at Little Calumet River Basin (Cady Marsh Ditch), Indiana.</p>

action_date: 2013-10-23
action_desc: Passed House amended
text: <p>Water Resources Reform and Development Act of 2013 - <b>Title I: Program Reforms and Streamlining</b> - (Sec. 101) Revises requirements for feasibility studies initiated under the Water Resources Development Act (WRDA) of 1986 to: (1) limit the duration of any feasibility study to 3 years; (2) limit the cost of any such study to $3 million; and (3) require personnel of the Army Corps of Engineers (Corps) to conduct concurrent reviews of feasibility studies (currently, sequential reviews are permitted). Requires the Secretary of the Army, not later than 30 days after making a determination that a feasibility study cannot be conducted in compliance with such limitations, to: (1) prepare an updated feasibility schedule and cost estimates, (2) notify the nonfederal cost sharing partner that the feasibility study has been delayed, and (3) provide written notice to the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works explaining the reasons for noncompliance. Terminates the authority for any feasibility study that is not completed within one year after the Secretary makes a determination of noncompliance. </p> <p>Requires the Secretary, within four years after the enactment of this Act, to report on: (1) the status of implementation of these limitations on feasibility studies, (2) the amount of time taken to complete each such feasibility study, and (3) any recommendations for additional authority to support efforts to expedite the feasibility study process.</p> <p>Requires the Secretary, not later than 90 days after the initiation of a feasibility study, to initiate federally-mandated reviews, including environmental reviews.</p> <p>(Sec. 102) Amends the WRDA of 2000 to authorize the Secretary to accept and expend funds contributed by a public utility company or natural gas company to expedite the evaluation of a permit for a water resources project or activity under the jurisdiction of the Department of the Army. </p> <p>(Sec. 103) Sets forth U.S. policy with respect to the importance of water resources projects and studies and the need to coordinate and expedite environmental reviews of such projects.</p> <p>Amends the WRDA of 2007 to designate the Corps as the federal lead agency in the environmental review process (i.e., preparation of an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 [NEPA]) for a water resources project study. Requires the Corps to: (1) facilitate the expeditious resolution of the environmental review process and complete documents required by NEPA, (2) identify agencies that may have jurisdiction over a water resources project, (3) establish a plan for coordinating public and agency participation in and comment on the environmental review process for a project study, (4) identify issues of concern regarding the potential environmental or socioeconomic impacts of a project, and (5) prepare a condensed final environmental impact statement under NEPA. </p> <p>Requires the Secretary to survey the use by the Corps of categorical exclusions (i.e., a category of actions that do not have a significant effect on the human environment and do not require an environmental assessment or impact statement) in water resources projects.</p> <p>(Sec. 104) Repeals provisions of the WRDA of 1986 that require : (1) a reconnaissance study of a water resources project prior to initiating a feasibility study for such project, and (2) a review of the cost effectiveness of the design of a water resources project that has a total cost in excess of $10 million. </p> <p>(Sec. 105) Directs the Secretary to: (1) expedite the completion of any ongoing feasibility study for a water resources project initiated before the enactment of this Act, and (2) proceed directly to preconstruction planning, engineering, and design of the project in accordance with the WRDA of 1986 if the Secretary determines that the project is justified. <br> <br> (Sec. 107) Requires the Secretary to establish a process for the review of section 14 applications in a timely and consistent manner. Defines "section 14 application" as an application submitted to the Secretary requesting permission for the temporary occupation or use of a public work or the alteration or permanent occupation or use of a public work. Requires the Secretary to establish benchmark goals for review of such applications, including a 45-day benchmark for approving or disapproving a completed application and a 180-day benchmark if a completed application requires more time to review due to the type, size, cost, complexity, or impacts proposed in the application. </p> <p>(Sec. 108) Amends the WRDA of 1996 to authorize nonfederal interests to undertake water resources development projects that are specifically authorized by Congress.</p> <p>Provides that the Secretary shall be responsible for maintenance of improvements to a harbor or inland harbor constructed by a nonfederal interest if the Secretary determines, before construction, that such improvements are economically justified and environmentally acceptable, are constructed in accordance with applicable permits and appropriate engineering and design standards, and are specifically authorized by Congress. </p> <p>(Sec. 109) Authorizes the Secretary to accept funds from nonfederal interests toward construction of any authorized water resources project, including a project for navigation on the inland waterways. </p> <p>(Sec. 110) Amends the WRDA of 1992 to include the cost of operating, maintaining, and managing inland navigational facilities within the cost-sharing program for the management of recreation facilities and natural resources at water resource development projects. </p> <p>(Sec. 111) Amends the WRDA of 1986 to authorize the Secretary to: (1) accept funds from a nonfederal interest for any authorized water resources development project that has exceeded its maximum authorized cost under such Act; and (2) use such funds to carry out such project if the use of such funds does not increase the federal share of the cost of such project. </p> <p>(Sec. 112) Authorizes a nonfederal interest, subject to certain conditions and limitations, to carry out a water resources project for which a final feasibility report has been completed and authority for the Secretary to carry out such project has not been specifically authorized by Congress.</p> <p>(Sec. 113) Authorizes the Secretary to accept funds from other federal agencies to assess the adverse impact of the modification or construction of a water resources development project on other federal facilities. </p> <p>(Sec. 114) Authorizes the Secretary to carry out measures to improve fish species habitat within the boundaries and downstream of a water resources project that includes a fish hatchery if the Secretary: (1) has been explicitly authorized to compensate for fish losses associated with the project; and (2) determines that the measures are feasible, consistent with authorized project purposes and the fish hatchery, and in the public interest.</p> <p>(Sec. 115) Extends through 2023 the authority of the Secretary to carry out water-related planning activities that will benefit Indian tribes and that are located primarily within Indian country. Authorizes the Secretary to enter into cooperative agreements with Indian tribes to carry out activities of the Corps to protect fish, wildlife, water quality, and cultural resources. </p> <p>(Sec. 117) Requires the Secretary to establish a pilot program to evaluate the cost effectiveness and project delivery efficiency of allowing nonfederal interests to carry out authorized water resources development projects for coastal harbor improvement, channel improvement, inland navigation, flood damage reduction, aquatic ecosystem restoration, and hurricane and storm damage reduction. </p> <p>(Sec. 118) Requires the Secretary: (1) not later than February 1 of each year, to develop and submit to specified congressional committees a report to be entitled "Report to Congress on Future Water Resources Development" that identifies feasibility reports and studies and proposed modifications to an authorized water resources development project or feasibility study that meets specified criteria; and (2) not later than May 1 of each year, to publish in the Federal Register a notice requesting proposals from nonfederal interests for proposed feasibility studies and modifications to authorized water resources development projects and feasibility studies.</p> <p>(Sec. 119) Requires the President, as part of the President's annual budget submission to Congress, to identify and recommend Corps construction projects for which Congress should provide funding at the full level authorized for such projects and provide an explanation of the process used for making such recommendations. Requires such submission to base recommendations on the assumption that $2 billion will be appropriated for Corps construction projects for each fiscal year. </p> <p>Requires the Secretary to report to Congress on an inventory of all federal actions taken and a prioritization of all such actions planned to mitigate for fish and wildlife losses related to projects of the Corps in the Missouri River Basin. </p> <p>(Sec. 120) Requires the Secretary to make specific project recommendations to Congress as part of the study for flood and storm damage reduction required by the Disaster Relief Appropriations Act, 2013. </p> <p>(Sec. 121) Authorizes the Secretary to carry out a locally-preferred plan for flood risk reduction, to be paid for by nonfederal interests, if such plan is technically feasible and environmentally acceptable and the benefits of the plan exceed its costs. </p> <p>(Sec. 122) Directs the Secretary to: (1) review and report on the implementation of emergency provisions for restoration following a natural disaster, including flooding and hurricane damage; and (2) establish procedures for providing the public and governments affected by flooding, including Indian tribes, with timely information on expected water levels, advice regarding preparedness actions, technical assistance, and other appropriate information.</p> <p>(Sec. 124) Amends the National Dam Safety Program Act to: (1) include as an objective of the National Dam Safety Program the development and implementation of a comprehensive dam safety hazard education and public awareness program, and (2) allow the Administrator of the Federal Emergency Management Agency (FEMA) to invite representatives from nongovernmental organizations to participate in meetings of the National Dam Safety Review Board. </p> <p>(Sec. 125) Prohibits the Secretary from implementing or enforcing any: (1) restricted area for hazardous waters at dams and other civil works structures in the Cumberland River Basin established between August 1, 2012, and the date of enactment of the Freedom to Fish Act, or (2) any new or modified area established after such date until the Secretary has complied with the requirements of such Act. </p> <p>(Sec. 126) Requires the Secretary to: (1) provide technical assistance to states and establish guidelines on levee safety, (2) undertake a comprehensive review of Corps policy guidelines on vegetation management for levees, and (3) allow review and comment on such guidelines.</p> <p>(Sec. 128) Amends the WRDA of 1992 to require the Secretary to consider the beneficial use of dredged material for purposes of regional sediment management and reducing or avoiding federal costs.</p> <p>(Sec. 129) Directs the Secretary to encourage: (1) advanced modeling technologies, including 3-dimensional digital modeling, for activities related to water resources development projects and studies; (2) corrosion prevention activities at water resources development projects; and (3) the use of durable, resilient, and sustainable material and practices, including the use of geosynthetic materials, advanced composites, and innovative technologies, in carrying out activities of the Corps.</p> <p>(Sec. 130) Directs the Secretary to submit to specified congressional committees a report on efforts to implement the use of electronic commerce in federal procurement.</p> <p>(Sec. 133) Directs the Secretary to conduct an assessment to determine the effects of the management practices, priorities, and authorized purposes at Corps reservoirs in arid regions on water supply during periods of drought. </p> <p>(Sec. 134) Amends the WRDA of 2007 to require the Secretary, for every year funds are not allocated for activities of the Corps for participating in River Basin Commissions, to submit to Congress a report on the reasons why such funds were not allocated and an analysis of the impact on specified activities of not allocating such funds. </p> <p>(Sec. 135) Calls on Congress to consider a water resources development bill not less than once every Congress.</p> <p>(Sec. 136) Recognizes the contributions of Donald G. Waldon while serving as administrator of the Tennessee-Tombigbee Waterway and designates a lock and dam on such Waterway as the Donald G. Waldon Lock and Dam. </p> <p>(Sec. 137) Amends the River and Harbor Act of 1958 to include aquatic invasive species in the program to control and eradicate aquatic plant growths.</p> <p>(Sec. 138) Provides that the Secretary may not prohibit the use of a floating cabin on waters under the jurisdiction of the Secretary if: (1) the floating cabin complies with regulations for recreational vessels, and (2) the Secretary has authorized the use of recreational vessels on such waters. Defines "floating cabin" as a vessel used as a means of transportation on water with overnight accommodations. </p> <p>(Sec. 139) Amends the WRDA of 1986 to provide for an inflation adjustment for the period beginning on November 17, 1986, and ending on the date of enactment of this Act to the amount ($200,000) of local cost-sharing requirements for all studies and projects in American Samoa, Guam, the Northern Mariana Islands, the Virgin Islands, and the Trust Territory of the Pacific Islands that the Secretary is authorized to waive. </p> <p>(Sec. 140) Expresses the sense of Congress that: (1) Congress and the Secretary should urge states to reach agreements on interstate water agreements and compacts; (2) at the request of a governor of a state, the Secretary should facilitate and assist in the development of an interstate water agreement or compact; (3) Congress should provide prompt consideration of interstate agreements and compacts; and (4) the Secretary should adopt policies and implement procedures for the operation of reservoirs that are consistent with interstate agreements and compacts. </p> <p>(Sec. 141) Directs the Secretary, in coordination with the Federal Energy Regulatory Commission (FERC), to assess and report on the effects of drought conditions on lakes that are affected by FERC-licensed reservoirs.</p> <p>(Sec. 142) Amends the Water Supply Act of 1958 to authorize the Secretary, not later than January 1, 2016, to accept from a state or local interest a plan for the utilization of future use water storage. Requires any such plan to include: (1) a 10-year timetable for conversion of future use storage to present use, and (2) a schedule of actions by the state or local interest to seek new and alternative users of future water storage. </p> <p>(Sec. 143) Declares that nothing in this Act authorizes the Secretary to carry out, at a Corps dam or reservoir, any project for a purpose not otherwise authorized as of the enactment of this Act. </p> <p>(Sec. 144) Directs the Director of the U.S. Fish and Wildlife Service, in coordination with the Corps and other federal agencies, to lead a multiagency effort to slow the spread of Asian carp in the Upper Mississippi and Ohio River basin and tributaries and report on such efforts. </p> <p>(Sec. 145) Directs the Comptroller General (GAO) to assess and report on the federal costs of, and spending on, aquatic invasive species. </p> <p>(Sec. 146) Prohibits the use of programs or actions authorized by this Act to further implement coastal and marine spatial planning and ecosystem-based management components of the National Ocean Policy developed under Executive Order 13547. </p> <p>Requires the Secretary to submit to the House Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation a report detailing all activities engaged in and resources expended in furtherance of Executive Order 13547 since it was issued on July 19, 2010, and any FY2014 budget requests in support of National Ocean Policy implementation. </p> <p>(Sec. 147) Requires any feasibility study conducted for a project for flood damage reduction or hurricane and storm damage reduction to include, as part of the calculation of benefits and costs, calculations of: (1) the anticipated reduction in flood or hurricane damage to public and private property and infrastructure resulting from completion of the proposed project; (2) anticipated direct and indirect economic benefits resulting from the completion of the proposed project; and (3) the anticipated benefits to public safety, including protection of evacuation routes.</p> <p><b>Title II: Navigation Improvements - Subtitle A: Ports</b> - (Sec. 201) Authorizes the Secretary to use up to 5% of funds from the Harbor Maintenance Trust Fund for operations and maintenance costs required by the WRDA of 1986. Sets target appropriations from the Fund, increasing each year between FY2013-FY2020, until 80% of such appropriations are used for operation and maintenance activities in FY2020. </p> <p>(Sec. 202) Amends the WRDA of 1986 to require the Secretary: (1) on a biennial basis, to assess and report on the operation and maintenance needs of harbors used for commercial navigation and fishing and other purposes; (2) to allocate in FY2015-FY2016 not less than 10% for the operation and maintenance costs of emerging harbors (harbors that transit less than 1 million tons of commerce annually); and (3) manage and allocate funding for all of the individually authorized projects in the Great Lakes Navigation System as components of a single, comprehensive system. </p> <p>(Sec. 203) Authorizes the Secretary to enter an agreement with a nonfederal interest to maintain a navigation project for a harbor or inland harbor under the WRDA of 1986. </p> <p>(Sec. 204) Requires the Secretary to consolidate deep draft navigation expertise within the Corps into a deep draft navigation planning center of expertise. </p> <p>(Sec. 205) Authorizes the Secretary to reopen the Cape Arundel Disposal Site in Maine as an alternative dredged material disposal site under the Marine Protection, Research, and Sanctuaries Act. Specifies the period during which such Site may remain open. </p> <p>(Sec. 206) Directs the Comptroller General to: (1) study and report on an evaluation of the effectiveness of activities funded by the Harbor Maintenance Trust Fund in maximizing economic growth and job creation in communities surrounding low- and moderate-use ports, and (2) make recommendations for using the Fund to increase the competitiveness of U.S. ports relative to Canadian and Mexican ports. </p> <p><b>Subtitle B: Inland Waterways</b> - (Sec. 212) Sets forth requirements for qualifying projects (i.e., any construction or major rehabilitation project for navigation infrastructure of the inland and intracoastal waterway that is authorized before, on, or after the enactment of this Act, is not completed as of the enactment of this Act, and is funded at least in part from the Inland Waterways Trust Fund), including training and certification requirements for project managers and use of a risk-based cost estimation and best management practices. </p> <p>Amends the WRDS of 1986 to expand the duties of the Inland Waterway Users Board to include providing advice and recommendations on the construction and rehabilitation priorities and spending levels for U.S. inland waterways and inland harbors. Requires the Secretary to submit to Congress a 20-year plan for making capital investments on the inland and intracoastal waterways. </p> <p>(Sec. 213) Directs the Comptroller General to prepare a report on the efficiency of collecting the fuel tax for the Inland Waterways Trust Fund.</p> <p>(Sec. 214) Directs the Secretary: (1) in consultation with the Secretary of the Treasury, to conduct a study on the feasibility of authorizing the issuance of tax-exempt bonds in the Inland Waterways Trust Fund; and (2) to conduct a study and submit to Congress a report on potential user fees and revenues from other sources that could be collected to generate additional revenues for the Inland Waterways Trust Fund. </p> <p>(Sec. 215) Directs the Secretary to conduct an inland waterways stakeholder roundtable to provide for a review and evaluation of alternative approaches to address the financial needs of the Inland Waterways Trust Fund and to support the water infrastructure needs of the Inland Waterways System. </p> <p>(Sec. 216) Requires 25% of the cost of construction for the Olmsted Project (a navigation project for Locks 52 and 53 on the Lower Ohio River between Illinois and Kentucky) to be paid from amounts appropriated from the Inland Waterways Trust Fund. Expresses the sense of Congress that the appropriation for the Project should not be less than $150 million for each fiscal year until construction of the Project is completed. Sets forth reporting requirements for the Project and any inland waterways project that has an estimated total cost of $500 million or more.</p> <p>(Sec. 217) Requires the Secretary, at least 90 days before carrying out a proposed modification to the operation of a lock at a project for navigation on the inland waterways, to: (1) provide notice of the proposed modification in the Federal Register, and (2) accept public comments on the proposed modification. </p> <p>(Sec. 218) Directs the Secretary to assess and report on the operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway.</p> <p>(Sec. 219) Directs the Secretary, not later than 180 days after the enactment of this Act, to conduct a study and report to Congress on the impact of closing the Upper St. Anthony Falls Lock and Dam in Minnesota on the economy and the environment, including an assessment of the annual average tonnage moving through such facility during the preceding 5 years. Requires the Secretary to close such facility if the annual average tonnage moving through it during the preceding 5 years was not more than 1.5 million tons. </p> <p>(Sec. 220) Amends the WRDA of 1986 to expand provisions authorizing the Cherokee Nation of Oklahoma to design and construct hydroelectric generating facilities at the W.D. Mayo Lock and Dam on the Arkansas River, Oklahoma, including to allow the marketing of electricity generated from such facilities, establish preconstruction requirements, and provide for the allocation of costs for such facilities.</p> <p><b>Title III: Deauthorizations and Backlog Prevention</b> - (Sec. 301) Requires the Secretary, not later than 90 days after the enactment of this Act, to submit to the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works and publish in the Federal Register a list of each authorized water resources development project, or separable element of a project, authorized for construction before November 8, 2007, for which: (1) construction was not initiated before the enactment of this Act; or (2) construction was initiated but no funds were obligated during the 5-year period ending on July 1, 2013, and which has an estimated federal cost to complete of at least $12 billion.</p> <p>(Sec. 302) Requires the Secretary, within one year after the enactment of this Act, to conduct an assessment of all properties under the control of the Corps and develop an inventory of the properties that are not needed for the missions of the Corps. </p> <p>(Sec. 303) Terminates the authority for a water resources development project after the expiration of the 7-year period in which no funds have been obligated for its construction. Requires the Secretary to identify and report on such projects. </p> <p>(Sec. 304) Deauthorizes projects for: (1) flood protection on Walnut Creek, California; (2) navigation, Hillsborough Bay and River, Florida; (3) shoreline protection for the Kahului Wastewater Reclamation Facility, Maui, Hawaii; (4) navigation, Chicago Harbor, Illinois; (5) navigation, Illinois Waterway and Grand Calumet River, Illinois; (6) navigation, Rockland Harbor, Maine; (7) improvements on the Corsica River, Maryland; (8) navigation, Gloucester Harbor and Annisquam River, Masssachusetts; (9) navigation, Ipswich River, Massachusetts; (10) flood protection on the East Fork of the Trinity River, Texas; (11) navigation, Burnham Canal, Wisconsin; (12) navigation, Manitowoc Harbor, Wisconsin; (13) navigation, Seward Harbor, Alaska; and (14) flowage easement at Port of Hood River, Oregon.</p> <p>(Sec. 305) Provides for conveyances of federal land to the Tulsa Port of Catoosa, Oklahoma, and to the City of Asotin, Washington.</p> <p><b>Title IV: Water Resources Infrastructure</b> - (Sec. 401) Authorizes final feasibility studies for water resources development and conservation and other purposes, including: (1) navigation in Texas, Louisiana, Florida, and Georgia; (2) flood risk management in Kansas, California, Iowa, Minnesota, North Dakota, and Kentucky; (3) hurricane and storm damage risk reduction in North Carolina and California; (4) hurricane and storm damage risk reduction and environmental restoration in Mississippi; and (5) environmental restoration in Maryland, Florida, Louisiana, Minnesota, and North Carolina.</p> <p>(Sec. 402) Modifies projects for: (1) navigation at Miami Harbor, Miami-Dade County, Florida; and (2) flood control at Little Calumet River Basin (Cady Marsh Ditch), Indiana.</p>

action_date: 2013-10-31
action_desc: Passed Senate amended
text: <p>Water Resources Development Act of 2013 - <b>Title I: Water Resource Projects </b>- (Sec. 1001) Sets forth the purposes of this title, including to: (1) authorize projects that are the subject of a completed report of the Chief of Engineers of the Army Corps of Engineers (Corps) containing a determination that the relevant project is in the federal interest, results in benefits that exceed the costs, is environmentally acceptable, is technically feasible, and has been recommended to Congress for authorization by the Assistant Secretary of the Army for Civil Works; and (2) authorize the Secretary of the Army (Secretary) to review projects that require increased authorizations and to request an increase of those authorizations after certifying that the increases are necessary and submitting to Congress reports on the proposed increases. </p> <p>(Sec. 1002) Authorizes the Secretary to carry out projects for water resources development, conservation, and other purposes if: (1) each project is carried out substantially in accordance with the plan for the project and is subject to any conditions described in the project report; and (2) a report of the Chief of Engineers has been completed and after November 8, 2007, but prior to the enactment of this Act, the Assistant Secretary of the Army for Civil Works has submitted to Congress a recommendation to authorize construction of the project.</p> <p>(Sec. 1003) Authorizes the Secretary to modify the cost of an authorized project subject to the cost limitation of the Water Resources Development Act (WRDA) of 1986 by submitting a certification and additional information specified by this Act and after receiving an appropriation of funds to initiate or continue project construction. Requires the Secretary, for projects under construction, to certify that a temporary stop or delay resulting from a failure to increase the authorized cost of such project will increase costs and exceed the authorized cost of such project. </p> <p>Authorizes the Secretary to complete construction of an authorized water resources project that would otherwise exceed the cost limitations of the WRDA of 1986 if the project is 70% complete and the cost of completing the project is less than $5 million. </p> <p>Terminates the authority of the Secretary to modify project costs three years after the enactment of this Act. <p>(Sec. 1004) Sets forth procedures, effective until December 31, 2018, for expedited consideration of water resources projects by Congress. <p><b>Title II: Water Resources Policy Reforms</b> - (Sec. 2001) States that the purposes of this title are to: (1) reform the implementation of water resources projects by the Corps, (2) make other technical changes to the water resources policy of the Corps, and (3) implement reforms.</p> <p>(Sec. 2002) Exempts safety assurance reviews conducted under the WRDA of 2007 from the Federal Advisory Committee Act.</p> <p>(Sec. 2003) Amends the River and Harbor Act of 1960 to increase: (1) from $35 to $50 million the limitation on allotments for the construction of small river and harbor improvement projects, and (2) from $7 to $10 million the allotment for a project at any single locality. </p> <p>Amends the River and Harbor Act of 1968 to increase from $5 to $10 million the cost limit for shore damage prevention or mitigation projects. </p> <p>Amends the WRDA of 1992 to increase from $5 to $10 million the total federal cost associated with construction of projects for regional sediment management. Increases the authorization of appropriations for such projects.</p> <p>Amends the Flood Control Act of 1948 to increase from $7 to $10 million the limit on allotments for small flood control projects at any single locality. </p> <p>Amends the WRDA of 1986 to increase from $5 to $10 million the expenditure limit for water resources projects for the restoration of environmental quality. </p> <p>Amends the WRDA of 1996 to increase from $5 to $10 million the limit on allotments for an aquatic ecosystem restoration project at any single locality.</p> <p>Amends the Flood Control Act of 1960 to increase from $15 to $50 million the limit on expenditures for the compilation and dissemination of information relating to floods and flood damage. </p> <p>(Sec. 2004) Requires the Secretary to publish in the Federal Register and on a publicly available website: (1) the criteria the Secretary uses for prioritizing annual funding for continuing authority program projects, and (2) an annual report on the status of each continuing authority program. </p> <p>(Sec. 2005) Amends the WRDA of 1986 to: (1) modify mitigation requirements to conform to policy guidance issued by the Corps relating to ecological resources, and (2) require that a determination of whether a proposed project will have negligible adverse impacts on fish and wildlife is to be made without consideration of proposed mitigation. </p> <p>Authorizes the Secretary to: (1) develop one or more programmatic mitigation plans or use qualified mitigation plans developed by other entities to address the potential impacts on ecological resources, fish, and wildlife associated with existing or future water resources development projects; (2) use funds made available for preconstruction engineering and design prior to project authorization to satisfy mitigation requirements through third party mechanisms or to acquire interests in land necessary for meeting mitigation requirements; and (3) provide technical assistance to states and local governments to establish third-party mitigation instruments to target mitigation payments to high-priority ecosystem restoration actions.</p> <p>(Sec. 2006) Requires the Secretary, in reporting on water resources projects that require mitigation, to: (1) use a uniform methodology for determining the status of all projects in the report, (2) use a methodology that describes both a qualitative and quantitative status for all projects in the report, and (3) provide specific dates for and participants in consultation meetings required by the WRDA of 1986.</p> <p>(Sec. 2007) Amends the WRDA of 2007 to revise requirements relating to the independent peer review process.</p> <p>(Sec. 2008) Amends the WRDA of 1990 to exclude operations and maintenance functions at navigation facilities from contracting restrictions.</p> <p>(Sec. 2009) Declares that it is the policy of the United States that: (1) the development of non-federal hydroelectric power at Corps civil works projects, including locks and dams, shall be given priority; (2) approval of non-federal hydroelectric power shall be completed by the Corps in a timely and consistent manner; and (3) approval of hydropower at civil works projects shall not diminish other priorities and missions of the Corps.</p> <p>Requires the Secretary to report to the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works on activities for the development of hydroelectric power by a non-federal interest (defined generally by the WRDA of 2007 to include a state, local government, federally-recognized Indian tribe, and nonprofit entity).</p> <p>(Sec. 2010) Allows the sharing of non-federal credits across all projects included under the ecosystem restoration program in the WRDA of 2007. Provides that the costs of land, easements, rights-of-way, relocations, and dredged material disposal areas that are in excess of the non-federal cost share for a project may be applied to another study, program, or project. </p> <p>(Sec. 2011) Authorizes the Secretary to apply credit for in-kind contributions by a non-federal interest that exceeds the required non-federal cost-share for a water resources study or project toward the required non-federal cost-share for a different water resources study or project. Terminates such authority 10 years after the enactment of this Act. </p> <p>(Sec. 2012) Allows the Secretary to provide credit for work undertaken by non-federal interests without project-specific legislative authority.</p> <p>(Sec. 2013) Amends the WRDA of 1996 to authorize the Secretary to provide the non-federal interest of a flood damage reduction project a credit in lieu of reimbursement.</p> <p>(Sec. 2014) Authorizes the Secretary to carry out activities to: (1) improve the efficiency of the operations and maintenance of dams and related infrastructure operated by the Corps; and (2) maximize authorized project purposes and related project benefits (i.e., environmental protection and restoration, increased water supply storage, increased hydropower generation, reduced flood risk, additional navigation, and improved recreation). </p> <p>(Sec. 2015) Amends the Water Supply Act of 1958 to express concern about the operation of water resources projects in the Apalachicola-Chattahoochee-Flint River System and the Alabama-Coosa-Tallapoosa River System and to urge the governors of states in which there are disputes relating to water resources projects to reach agreement on an interstate water compact as soon as possible.</p> <p>(Sec. 2016) Directs the Comptroller General (GAO) to initiate an assessment of the water storage pricing formulas of the Corps to determine whether such formulas produce equitable water storage costs and benefits and report to Congress on such assessment. </p> <p>(Sec. 2017) Authorizes the Secretary to carry out measures to improve fish species habitat within the footprint of and downstream of a water resources project constructed by the Secretary that includes a fish hatchery. Specifies cost sharing by non-federal interests for acquisition of required land and for operation and maintenance. Authorizes appropriations. </p> <p>(Sec. 2018) Directs the Secretary, at the request of a non-federal interest, to include as part of a regional or watershed study any federal land that is located within the geographic scope of that study. </p> <p>(Sec. 2019) Allows the Corps to work with state and local governments on comprehensive water resources planning activities and to provide technical assistance for such efforts.</p> <p>(Sec. 2020) Requires the Secretary to carry out a comprehensive review of national guidelines to determine whether current federal policy relating to levee vegetation is appropriate for all regions of the United States. Specifies factors which the Secretary must consider in carrying out such review. </p> <p>(Sec. 2021) Requires the Secretary, in implementing recommendations of the Flood Protection Structure Accreditation Task Force, to: (1) ensure that at least one program activity carried out by the Corps provides adequate information for reaching a levee accreditation decision, and (2) carry out activities under the inspection of completed works program of the Corps in alignment with the schedule established for the national flood insurance program. Authorizes the Secretary to carry out a levee system evaluation and certification of a federally authorized levee for purposes of the national flood insurance program under specified conditions.</p> <p>(Sec. 2022) Requires the Secretary to carry out measures necessary to restore components of authorized and constructed flood and hurricane storm damage reduction projects to authorized levels of protection for reasons including settlement, subsidence, sea-level rise, and new datum, subject to a feasibility determination; and (2) report to congressional committees on such measures. Terminates the Secretary's authority to carry out such measures 10 years after the enactment of this Act. Authorizes appropriations. </p> <p>(Sec. 2023) Authorizes the Secretary to assume operation and maintenance activities for a navigation channel that is deepened by a non-federal interest prior to December 31, 2012, if: (1) the Secretary determines that requirements of the WRDA of 1986 are met, (2) the Secretary determines that the activities carried out by the non-federal interest are economically justified and environmentally acceptable, and (3) the deepening activities have been carried out on a federal navigation channel that exists as of the date of enactment of this Act and have been authorized by Congress.</p> <p>(Sec. 2024) Directs the Secretary to carry out a study to: (1) compare domestic and international dredging markets, including costs, technologies, and management approaches; (2) analyze past and existing practices, technologies, and management approaches used in dredging in the United States; and (3) develop recommendations relating to dredging.</p> <p>(Sec. 2025) Requires the Secretary to 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 damage reduction, coastal harbor and channel and inland harbor navigation projects, and aquatic ecosystem restoration projects.</p> <p>(Sec. 2026) Requires the Secretary to: (1) 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, hurricane and storm damage reduction, aquatic ecosystem restoration, and coastal harbor and channel and inland harbor navigation; (2) notify congressional committees on the initiation of each feasibility study under the pilot program; (3) monitor and audit each feasibility study carried out by a non-federal interest; and (4) report to congressional committees on the results of the pilot programs. Terminates the Secretary's authority to commence a feasibility study five years after the enactment of this Act. Authorizes appropriations for FY2014-FY2018.</p> <p>(Sec. 2027) Requires the Secretary to issue guidance on the cost-sharing procedures for the Tribal Partnership Program. Extends such Program through FY2023.</p> <p>(Sec. 2028) Authorizes the Secretary to enter into a cooperative agreement with one or more federally recognized Indian tribes that are located, in whole or in part, within the boundaries of the Columbia River Basin to carry out activities to protect fish, wildlife, water quality, and cultural resources. </p> <p>(Sec. 2029) Authorizes the Secretary to implement any response action deemed necessary at a site where: (1) the Secretary has carried out a project under his or her civil authority that includes placing sand on a beach, and (2) military munitions originally released by Department of Defense (DOD) activities and deposited on the beach pose a threat to human health or the environment. Requires DOD to pay for such response action.</p> <p>(Sec. 2030) Amends the WRDA of 1976 to modify the authority of the Secretary to provide periodic beach nourishment for authorized water resources development projects to authorize the Secretary to review the feasibility of extending periodic nourishment beyond the current 50-year limit by a period of not more than 15 years. Requires a non-federal interest to submit a plan to the Secretary for reducing the risk to people and property during the life of beach nourishment project. </p> <p>(Sec. 2031) Amends the WRDA of 1992 to: (1) expand the authority of the Secretary to transport and place dredged material to carry out projects identified in regional sediment management plans; (2) authorize the Secretary to reduce the non-federal share of the construction costs of a project if the Secretary determines that, through the beneficial use of sediment at another federal project, there will be an associated reduction or avoidance of federal costs; (3) authorize the Secretary to consider benefits related to flood and storm damage reduction when considering the reasonableness of associated costs; and (4) authorize the Secretary to cooperate with states in the preparation of sediment management plans involving multiple states. </p> <p>(Sec. 2032) Requires that water resources project feasibility studies be completed not later than three years after initiation and that such studies have a maximum federal cost share of $3 million.</p> <p>(Sec. 2033) Amends the WRDA of 2007 to expand requirements with respect to acceleration of water resource projects and feasibility studies that require an environmental impact statement under the National Environmental Policy Act of 1969 (NEPA). Defines &quot;environmental review process&quot; to mean the process of preparing an environmental impact statement, environmental assessment, categorical exclusion, or other document under NEPA, and the process of completing any environmental permit, approval, review, or study required by a federal law other than NEPA. Sets forth new requirements relating to federal agency and state and local participation in the environmental review process.</p> <p>Designates the Corps as the lead federal agency in the environmental review process for a water resource project. Allows a non-federal interest to serve with the Corps as a joint lead agency for purposes of preparing any environmental document under NEPA. Requires the Corps, as lead agency, to: (1) identify any other federal or non-federal agencies that may have an interest in a water resource project and invite those agencies to participate in the environmental review process for the project; (2) establish a plan for coordinating public and agency participation in, and comment on, the environmental review process for a water resource project; and (3) identify and resolve issues that could delay completion of the environmental review process.</p> <p>Authorizes the Secretary to convene a meeting with relevant agencies to establish a schedule of deadlines to complete decisions regarding a water resource project. Allows a cooperating agency or non-federal interest to request an issue resolution meeting to be conducted by the Secretary. Sets forth procedures for issue resolution for the completion of a water resource project. <p>Requires the Secretary to: (1) issue guidance on programmatic approaches to the environmental review process, (2) establish a program to measure and report on progress made toward improving and expediting the planning and environmental review process, and (3) survey the use by the Corps of categorical exclusions under NEPA in water resource projects since 2005 and publish a review of such survey.</p> <p>Expresses the sense of Congress calling for cooperation by the Secretary and other federal agencies in the environmental review process.</p> <p>Requires the Comptroller General and the Inspector General of the Corps to assess and report on water resource project acceleration reforms.</p> <p>Terminates the authority for acceleration of water resource projects 10 years after the enactment of this Act. </p> <p>(Sec. 2034) Amends the WRDA of 1986 to require the Secretary to determine a set of milestones needed for the completion of a feasibility study under such Act, including all major actions, report submissions and responses, reviews, and comment periods. Requires each District Engineer to establish a detailed project schedule that lists all deadlines for milestones relating to feasibility studies and to provide such schedule to each relevant non-federal interest.</p> <p>(Sec. 2035) Requires the Secretary to: (1) provide to a non-federal interest, upon request, a detailed accounting of federal expenses associated with a water resources project; and (2) contract with the National Academy of Public Administration to carry out a study on the efficiency of the current staff salaries and administrative expense procedures of the Corps.</p> <p>(Sec. 2036) Requires the Secretary to notify a non-federal interest when construction of a water resources project is completed so that the non-federal interest may commence responsibilities for operating and maintaining the project. Allows the non-federal interest to appeal such a project completion determination in writing with a detailed explanation of the basis for questioning the completeness of the project.</p> <p>(Sec. 2037) Requires the Secretary to contract with the National Academy of Public Administration to carry out a comprehensive review of the process for preparing, negotiating, and approving Project Partnership Agreements and the Project Partnership Agreement template, which shall include: (1) a review of the process for preparing, negotiating, and approving Project Partnership Agreements; (2) an evaluation of how the concerns of a non-federal interest relating to the Agreement and suggestions for modifications to the agreement are accommodated; (3) recommendations for how such concerns and modifications can be better accommodated; (4) recommendations for how the Agreement template can be made more efficient; and (5) recommendations to make the process for preparing, negotiating, and approving Project Partnership Agreements more efficient. Requires the Secretary to report such findings to Congress.</p> <p>(Sec. 2038) Amends the WRDA of 1996 to enable the Corps to participate with federal or international organizations and foreign governments to address issues relating to water resources, infrastructure development, and environmental protection.</p> <p>(Sec. 2039) Requires the Secretary to: (1) establish a five-year pilot program for the acceptance and expenditure of funds by non-federal interests to increase the hours of operation of locks at water resources development projects, and (2) publish notification in the Federal Register of any proposed modification to the operation of a lock. Requires reporting on and review of such pilot program.</p> <p>(Sec. 2040) Amends requirements relating to the authority of the Corps for post-disaster rehabilitation to permit the Corps to rebuild a damaged project to the design level of protection (currently, restoration is permitted to restore adequate functioning) or implement nonstructural alternatives if requested by the non-federal project sponsor.</p> <p>(Sec. 2041) Provides that a levee system shall remain eligible for rehabilitation assistance as long as the levee system sponsor continues to make satisfactory progress on an approved system-wide improvement framework or letter of intent. </p> <p>(Sec. 2042) Amends the WRDA of 2000 to: (1) make permanent the funding for processing permits for water resources projects, (2) require a standard decision document for evaluating all permits, and (3) set forth reporting requirements on the process for issuing permits. </p> <p>(Sec. 2043) Directs the Secretary to: (1) establish and carry out a five-year pilot program for national riverbank stabilization and erosion prevention along inland and intracoastal waterways; (2) carry out a study of the options and technologies available to prevent the erosion and degradation of such riverbanks; and (3) develop a pilot program for the construction of riverbank stabilization and erosion prevent projects on public land along inland and intracoastal waterways, subject to a feasibility determination by the Secretary. Authorizes appropriations for FY2014-FY2019.</p> <p>(Sec. 2044) Directs the Secretary to grant priority to projects and studies with a primary purpose of hurricane and storm damage risk reduction that: (1) address an imminent threat to life and property, (2) prevent storm surge from inundating populated areas and loss of coastal wetlands, (3) protect emergency hurricane evacuation routes or shelters, (4) prevent adverse impacts to publicly-owned or funded infrastructure and assets, (5) minimize federal disaster relief costs, and (6) address hurricane and storm damage risk reductions in presidentially-declared major disaster areas. Provides for expedited consideration of previously authorized water resources projects and criteria for prioritizing new studies for hurricane and storm damage reduction.</p> <p>(Sec. 2045) Directs the Secretary to give funding priority to authorized projects for ecosystem restoration that: (1) address an identified threat to public health, safety, or welfare; (2) preserve or restore ecosystems of national significance; (3) preserve or restore habitats of importance for federally protected species, including migratory birds; and (4) contribute to other ongoing or planned federal, state, or local restoration initiatives.</p> <p>(Sec. 2046) Authorizes the Secretary to: (1) issue special permits for uses such as group activities, recreation events, motorized recreation vehicles, and other recreation uses deemed appropriate and to collect fees for such permits; and (2) enter into an agreement with a state or local government to provide for cooperative management of a public recreation area. </p> <p>(Sec. 2047) Charges the Secretary with responsibility for 65% of the costs of the operation, maintenance, repair, rehabilitation, and replacement of any flood gate and any pumping station that was constructed as a feature of an authorized hurricane and storm damage reduction project and that crosses an inland or intracoastal waterway.</p> <p>(Sec. 2048) Requires the Secretary to develop guidance and procedures for the certification of qualified contractors for the application or removal of protective coatings.</p> <p>(Sec. 2049) Revises the requirements for providing Congress with a list of, and a report on, authorized water resources projects that have received no funding obligations during the preceding five-fiscal years (project deauthorization). Requires such list to be provided to non-federal interests associated with a project. </p> <p>Establishes the Infrastructure Deauthorization Commission as an independent commission to review and evaluate suggested deauthorizations of water resources projects. Provides for congressional disapproval of Commission recommendations.</p> <p>(Sec. 2050) Requires the Secretary to complete and submit to Congress reports required by this Act by their due dates. Imposes a penalty upon the General Expenses Account of the civil works program of the Corps for any report which is not submitted within 180 days of its due date. Allows a waiver of such penalty if the Secretary certifies that a major modification has been made to the report that requires additional analysis, amounts have not been appropriated to carry out the report, or additional information is required from an entity other than the Corps and is not available in time to complete the report by its deadline. Authorizes appropriations. </p> <p>(Sec. 2051) Amends the Indian Self-Determination and Education Assistance Act to allow as costs for tribal water projects interest payments, the retirement of principal, and the costs of issuance and insurance for debt financing instruments.</p> <p>(Sec. 2052) Directs the Secretary to: (1) carry out a review of the federal response to invasive species, including aquatic weeds, aquatic snails, and other aquatic invasive species, that have an impact on water resources; and (2) make recommendations to Congress and state agencies for improving federal and state laws to more effectively respond to threats posed by invasive species.</p> <p>(Sec. 2053) Directs the Comptroller General to carry out a study to identify all federal programs relating to wetlands conservation and report to Congress on options for maximizing wetlands conservation benefits while reducing redundancy, increasing efficiencies, and reducing costs. </p> <p>(Sec. 2054) Directs the Comptroller General, in consultation with the Corps, the Southeastern Power Administration, federal hydropower customers, downstream communities, and other stakeholders, to carry out a study to evaluate the structural modifications made at federal dams in the Cumberland River Basin beginning on January 1, 2000, and report to Congress on the study and on design criteria that will provide for the safety of downstream communities.</p> <p>(Sec. 2055) Requires the Secretary, if requested by a non-federal interest, to construct a locally-preferred plan that provides a higher level of protection than a flood risk management project if the Secretary determines that the plan is technically feasible and environmentally acceptable and that the benefits exceed the costs of the plan. </p> <p>(Sec. 2056) Requires the Secretary, in consultation with specified federal officials, to improve forecasting on the Mississippi River by: (1) updating forecasting technology deployed on the Mississippi River and its tributaries, (2) constructing additional sedimentation ranges on the River, and (3) deploying additional automatic identification system base stations at river gage sites. </p> <p>(Sec. 2057) Authorizes the Secretary to carry out activities outside of the authorized federal navigation channel along the Mississippi River that are necessary for safe and reliable navigation in the federal channel. Requires the Secretary to report to Congress on: (1) a description of the activities undertaken and associated costs, and (2) a comprehensive description of how the activities are necessary for maintaining safe and reliable navigation in the federal channel. </p> <p>(Sec. 2058) Prohibits the Secretary from taking any action to establish a permanent physical barrier to prevent public access to waters downstream of a dam owned by the Corps.</p> <p>(Sec. 2059) Authorizes the Secretary to complete construction of a water resources development project using funds contributed by states and political subdivisions.</p> <p>(Sec. 2060) Expresses the sense of Congress 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. </p> <p>(Sec. 2061) Directs the Secretary to carry out activities to enable non-federal interests to anticipate and accurately budget for annual operations, maintenance, and other costs.</p> <p>(Sec. 2062) Authorizes a non-federal interest for a navigation project to: (1) carry out operation and maintenance activities for such project, subject to all applicable requirements that would apply to the Secretary; and (2) receive credit for the costs incurred in carrying out such activities. </p> <p>(Sec. 2063) Amends the WRDA of 2007 to require the Secretary to allocate not more than 1.5% of funds from the general expenses account of the civil works program of the Corps to the Susquehanna River Basin Commission, Delaware River Basin Commission, and the Interstate Commission on the Potomac River Basin to fulfill the equitable funding requirements of the respective interstate compacts on an annual basis. </p> <p>(Sec. 2064) Prohibits charging a fee for surplus water under a contract for surplus water stored on the Missouri River. Makes an offsetting rescission of funds previously made available, but remaining unobligated, for operations and maintenance of the Corps (excluding funds designated as an emergency requirement).</p> <p><b>Title III: Project Modifications</b> - (Sec. 3001) Establishes the purpose of this title as modifying existing water resources project authorizations without affecting their authorized costs.</p> <p>(Sec. 3002) Amends the Energy and Water Development and Related Agencies Appropriations Act, 2009 to allow a designee of the Colorado Department of Natural Resources to modify the Chatfield Reservoir Project.</p> <p>(Sec. 3003) Amends the WRDA of 2007 to authorize the Secretary to reimburse members of the Missouri River Recovery Implementation Committee for travel expenses. </p> <p>(Sec. 3004) Requires the Secretary to include specific project recommendations in the report on the study of flood and storm damage risk reduction in the areas affected by Hurricane Sandy.</p> <p>(Sec. 3005) Directs the Secretary to consult with, and consider the activities being implemented by, other federal agencies, conservation districts, the Yellowstone River Conservation District Council, and Montana in carrying out the Lower Yellowstone Project.</p> <p>(Sec. 3006) Deauthorizes specified water resources projects in: (1) Somerset County, Maryland; (2) Deal Island, Maryland; (3) Georges River, Maine; (4) Warwick Cove, Rhode Island; (5) Clatsop County, Oregon; (6) Port of Hood River, Oregon; (7) Eightmile River, Connecticut; (8) Burnham Canal, Wisconsin; and (9) Walnut Creek, California.</p> <p>(Sec. 3007) Amends the Energy and Water Development Appropriations Act of 1998 to repeal a provision that prohibited the Secretary from constructing the Oak Way or Sky Top detention structures in Berkeley Heights, New Jersey, as part of the flood control project for the Green Brook Sub-Basin of the Raritan River Basin.</p> <p>(Sec. 3008) Authorizes the Secretary to reassign unused irrigation storage within a reservoir on the Red River Basin to municipal and industrial water supply if the non-federal interest has already contracted for a share of municipal and industrial water supply on the same reservoir.</p> <p>(Sec. 3009) Modifies the project for Point Judith Harbor of Refuge, Narragansett, Rhode Island, to add shore protection and erosion control as project purposes.</p> <p>(Sec. 3010) Directs the Secretary to convey 59 acres of land and the improvements thereon, including the Hammond Marina, to Warrenton, Oregon. Excludes that land, after conveyance, from the Hammond Small Boat Basin, Oregon, navigation project.</p> <p>(Sec. 3011) Establishes a Metro East Flood Risk Management Program, Illinois, that is composed of: (1) the Prairie du Pont Drainage and Levee District and Fish Lake Drainage and Levee District project, (2) the East St. Louis project, and (3) the Wood River Drainage and Levee District project.</p> <p>(Sec. 3012) Amends the Miscellaneous Appropriations Act, 2001 to require the Secretary to give priority to assisting Florida Keys Water Quality Improvement projects sponsored by Florida, Monroe County, Florida, and Monroe County's incorporated communities.</p> <p>(Sec. 3013) Revises the boundaries of the Des Moines Recreational River and Greenbelt, Iowa, project.</p> <p>(Sec. 3014) Authorizes the Secretary to convey to Virginia two parcels of land and the improvements thereon that lie within the Craney Island Eastward Expansion navigation project and are located along the eastern side of the Craney Island Dredged Material Management Area in Portsmouth, Virginia.</p> <p>(Sec. 3015) Modifies the Los Angeles County Drainage Area, California, flood control project to authorize the Secretary to include measures for flood risk reduction, ecosystem restoration, and recreation in the Compton Creek watershed.</p> <p>(Sec. 3016) Authorizes the Secretary to convey the upland, tideland, and submerged land known as the Oakland Inner Harbor Tidal Canal, California, to a multicounty public entity that is eligible to hold title to real property.</p> <p>(Sec. 3017) Amends the WRDA of 1992 to redesignate the Lower Mississippi River Museum and Riverfront Interpretive Site as the Jesse Brent Lower Mississippi River Museum and Riverfront Interpretive Site.</p> <p>(Sec. 3018) Amends the WRDA of 2007 to direct the Secretary to adopt Louisiana's Comprehensive Master Plan for a Sustainable Coast to protect, preserve, and restore the coastal Louisiana ecosystem until the implementation of the Secretary's comprehensive plan is complete.</p> <p>Requires the coastal Louisiana ecosystem science and technology program to examine a system-wide approach to coastal sustainability.</p> <p>Prohibits the Corps from using funds from its General Investigations Account to study, without the approval of the Governors of Louisiana and Mississippi, the construction of a storm surge barrier across the Lake Pontchartrain land bridge that would result in unmitigated induced flooding in Mississippi coastal communities.</p> <p>(Sec. 3019) Amends the WRDA of 1974 to require the Four Mile Run flood protection project, in the city of Alexandria and Arlington County, Virginia, to provide protection from flood flows of 18,000, rather than 27,000, cubic feet per second.</p> <p>(Sec. 3020) Deauthorizes that portion of the flood protection project on the East Fork of the Trinity River, Texas, authorized by the Flood Control Act of 1962, that consists of Kaufman county Levees K5E and K5W.</p> <p>(Sec. 3021) Exempts a parcel of land within the Seward Harbor, Alaska, navigation project from the navigational servitude, but permits the federal government to enter that land to operate and maintain the general navigation features of the project.</p> <p><b>Title IV: Water Resources Studies</b> - (Sec. 4002) Sets conditions on the initiation of new studies to determine the feasibility of carrying out water resources development projects or watershed and river basin assessments. Requires the Secretary to certify to Congress that a study: (1) has been requested by an eligible non-federal interest that can provide financial support for the study, (2) is for an area that is likely to include a project with a federal interest, (3) addresses a high-priority water resource issue, and (4) can be completed within three years for a maximum cost of $3 million. </p> <p>Prohibits any spending on a study until Congress appropriates funds to initiate it. </p> <p>(Sec. 4003) Requires new authorization from Congress before any project evaluated in a study under this title is constructed.</p> <p><b>Title V: Regional and Nonproject Provisions</b> - (Sec. 5002) Directs the Secretary to plan, design, and construct projects for aquatic ecosystem restoration within the coastal waters of the northeastern United States from Virginia to Maine, including associated bays, estuaries, and critical riverine areas. </p> <p>Set the non-federal share of the cost of carrying out such a project at 35% and the maximum federal allocation for such a project at $10 million.</p> <p>Authorizes appropriations for FY2014-FY2023 for planning, designing, and constructing such projects.</p> <p>(Sec. 5003) Amends the WRDA of 1996 to include Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia, and the District of Columbia in the Chesapeake Bay Environmental Restoration and Protection Program. Requires the establishment of at least one project in each of those jurisdictions.</p> <p> Requires the Secretary, in cooperation with state and local officials and affected stakeholders, to develop a comprehensive Chesapeake Bay restoration plan to guide the implementation of the restoration projects. Requires that plan to give priority to eligible projects that also improve water quality or quantity or that use natural hydrological features and systems.</p> <p>Removes wastewater treatment and water supply facilities from the eligible projects list. </p> <p>Requires projects carried out on federal lands to be carried out at the expense of the federal agency that owns the land. Permits the agency to accept non-federal contributions for the work. <p>(Sec. 5004) Amends the WRDA of 2007 to authorize appropriations for the Rio Grande environmental management program, Colorado, New Mexico, and Texas, through FY2024. Authorizes the Secretary to enter into interagency agreements with the Secretary of State to involve the U.S. Section of the International Boundary and Water Commission in the program.</p> <p>(Sec. 5005) Amends the WRDA of 2000 to increase the authorization of appropriations for Lower Columbia River and Tillamook Bay ecosystem restoration, Oregon and Washington.</p> <p>(Sec. 5006) Directs the Secretary to establish a McClellan-Kerr Arkansas River Navigation System Advisory Committee to provide information and recommendations to the Corps relating to the efficiency, reliability, and availability of the operations of the McClellan-Kerr Arkansas River navigation system, Arkansas and Oklahoma. Terminates the Advisory Committee when the Secretary submits a report to Congress demonstrating increases in the efficiency, reliability, and availability of that system.</p> <p>(Sec. 5007) Authorizes the Secretary to establish a program to prevent and manage aquatic invasive species in the Columbia River Basin in Idaho, Montana, Oregon, and Washington. Directs the Secretary to establish watercraft inspection stations in the Basin at locations having the highest likelihood of preventing the spread of such species into reservoirs operated and maintained by the Secretary. </p> <p>Authorizes the Secretary to conduct monitoring and contingency planning that includes: (1) conducting risk assessments of each major public and private water resources facility in the Basin, (2) establishing an aquatic invasive species monitoring program in the Basin, (3) establishing a Basin watershed-wide plan for expedited response to an infestation of aquatic invasive species, and (4) monitoring water quality at facilities owned or managed by the Secretary in the Basin.</p> <p>Directs the Secretary to consult and coordinate with states in the Basin, Indian tribes, and federal agencies.</p> <p>(Sec. 5008) Directs the Secretary, in coordination with certain other federal agencies, to establish a program to: (1) monitor soil moisture and the snowpack in the Upper Missouri River Basin to help reduce flood risk and improve river and water resource management, (2) restore and maintain existing mid- and high-elevation snowpack monitoring sites operated under the SNOTEL program of the Natural Resources Conservation Service (NRCS), and (3) operate streamflow gauges and related interpretive studies in such Basin under the cooperative water program and the national streamflow information program of the United States Geological Service (USGS).</p> <p>(Sec. 5009) Authorizes the Secretary to provide planning, design, and construction assistance to up to three federally-recognized Indian tribes in the Upper Missouri River Basin for measures to address shoreline erosion that is jeopardizing existing infrastructure resulting from operation of a reservoir constructed under the Pick-Sloan Missouri River Basin Program. Requires those measures to be economically justified, technically feasible, and environmentally acceptable. Prohibits the federal share of the costs of those measures from being less than 75%. </p> <p>(Sec. 5010) Directs the Secretary to establish a program to mitigate the impacts of extreme weather events, such as floods and droughts, on communities, water users, and fish and wildlife located in and along the headwaters of the Columbia, Missouri, and Yellowstone Rivers (including the tributaries of those rivers) in Idaho and Montana by carrying out river, stream, and floodplain protection and restoration projects. Requires those projects to emphasize the protection and enhancement of natural riverine processes. Prohibits the non-federal share of project costs from exceeding 35%.</p> <p>(Sec. 5011) Authorizes the Secretary to implement measures recommended in an efficacy study authorized under the WRDA of 2007 or in interim reports, with modifications or any emergency measures that the Secretary determines to be appropriate to prevent aquatic nuisance species from dispersing into the Great Lakes by way of any hydrologic connection between the Great Lakes and the Mississippi River Basin. Directs the Secretary to report to Congress on any such emergency actions taken.</p> <p>(Sec. 5012) Directs the Secretary to carry out a pilot program to restore and protect fish and wildlife habitat in the middle Mississippi River in accordance with the project for navigation, Mississippi River between the Ohio and Missouri Rivers (Regulating Works), Missouri and Illinois. Authorizes the Secretary to make feasible improvements to navigation through the project while carrying out the pilot program. Prohibits the federal share of the costs of the program from exceeding 65%. </p> <p>(Sec. 5013) Amends the WRDA of 1999 to expand the program providing federal design and construction assistance for water-related environmental infrastructure and resource protection and development projects in rural Nevada and Montana to such projects in Idaho, New Mexico, rural Utah, and Wyoming. Includes, as part of the program, technical assistance to small and rural communities for water planning and issues relating to water resources access. Increases the authorization of appropriations for the program. <p>(Sec. 5014) Amends the WRDA of 1986 to increase the authorization of appropriations for projects creating alternative or beneficially modified habitats for fish and wildlife. <p>Allows the non-federal share of project costs to be provided through in-kind services. Includes as in-kind services non-federal land conservation and restoration efforts that: (1) enhance the viability of Chesapeake Bay oyster restoration efforts by improving water quality, and (2) are integral to the project to restore and rehabilitate fish habitat in the Chesapeake Bay and its tributaries in Virginia and Maryland. <p>(Sec. 5015) Amends the Flood Control Act of 1944 to increase the cap on fiscal year expenditures for measures the Secretary undertakes to alleviate bank erosion and related problems associated with reservoir releases along the Missouri River between Fort Peck Dam, Montana, and Gavins Point Dam, South Dakota and Nebraska. <p>(Sec. 5016) Authorizes the Secretary, through the Chief of Engineers, to conduct dredging activities on shallow draft ports located on the Inland Mississippi River to the respective authorized widths and depths of those inland ports on the date of this Act's enactment. <p>(Sec. 5017) Amends the WRDA of 2007 to include harbor development projects in Alaska and those crucial to a region with the remote and subsistence harbor projects that do not need to be justified solely by national economic development benefits. Requires remote and subsistence harbor projects that are recommended by the Secretary to be given the same budget consideration and priority as those recommended solely by national economic development benefits. <p>Authorizes the Secretary to plan, design, or construct a navigation project in the noncontiguous states and U.S. territories if the Secretary finds that the project is technically feasible, environmentally sound, and economically justified. Allows non-federal interests to participate in financing such projects if such financing is needed for their implementation. Caps the federal share of carrying out such a project. <p>(Sec. 5018) Requires the Director of the U.S. Fish and Wildlife Service (FWS) to: (1) lead a multiagency effort to slow the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries by providing high-level technical assistance, coordination, best practices, and support to state and local governments; and (2) submit an annual report to Congress describing the coordinated strategies established and progress made toward goals to control and eliminate Asian carp in such basins and tributaries. <p>(Sec. 5019) Requires the Tennessee Valley Authority to release, without monetary consideration, certain real estate use restrictions established, pursuant to the Tennessee Valley Authority Act of 1933, on tracts of land at or near Decatur and Guntersville, Alabama. <p>(Sec. 5020) Amends the WRDA of 1986 to authorize the Cherokee Nation of Oklahoma to design and construct one or more hydroelectric generation facilities at the W.D. Mayo Lock and Dam on the Arkansas River in Oklahoma and market the electricity generated. Prohibits the Cherokee Nation from proceeding with the construction of such a facility before it obtains any required state or federal building permit and the Secretary reviews and approves its plans and specifications for the design and construction of such facility. Authorizes the Secretary to provide technical and construction management assistance to the Cherokee Nation. <p>(Sec. 5021) Directs the Secretary to report to Congress on the impact of closing the Upper St. Anthony Falls Lock and Dam, located on the Mississippi River in Minneapolis, Minnesota, on the economic and environmental well-being of Minnesota. Requires the Secretary, within one year of this Act's enactment, to close that Lock and Dam if the annual average tonnage that moved through it the preceding five years was no more than 1.5 million tons. <p>(Sec. 5022) Authorizes the Secretary to provide technical assistance to non-federal public entities, including Indian tribes, for the development, construction, operation, and maintenance of channels, harbors, and related infrastructure associated with Arctic deep draft ports. Requires the Secretary to prioritize Arctic deep draft ports identified by the Corps, the Department of Homeland Security (DHS), and DOD. <p>(Sec. 5023) Directs the Secretary to carry out a study of the greater Mississippi River Basin to: (1) improve the coordinated and comprehensive management of water resource projects in the Basin relating to severe flooding and drought conditions; (2) evaluate the feasibility of any modifications to those water resource projects, consistent with their authorized purposes; and (3) develop new water resource projects to improve the reliability of navigation and more effectively reduce flood risk. Directs the Secretary to report to Congress on that study within three years of this Act's enactment. <p>(Sec. 5024) Authorizes the Secretary, in concurrence with the Administrator of the Environmental Protection Agency (EPA), to reopen the Cape Arundel Disposal Site selected by the Department of the Army as an alternative dredged material disposal site under the Marine Protection, Research, and Sanctuaries Act of 1972. <p>Permits the Site to remain open until the earlier of: (1) the date on which it has no remaining disposal capacity, (2) the date on which an environmental impact statement designating an alternative dredged material disposal site for southern Maine has been completed, or (3) the date that is five years after this Act's enactment. <p>Prohibits the Site from being used for the disposal of more than 80,000 cubic yards from any single dredging project. <p><b>Title VI: Levee Safety</b> - National Levee Safety Program Act - (Sec. 6004) Directs the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency (FEMA), to establish a national levee safety program that includes:</p> <ul> <li>a national levee database;</li> <li>an inventory and inspection of federal and non-federal levees;</li> <li>national levee safety guidelines;</li> <li>a hazard potential classification system for federal and non-federal levees;</li> <li>research and development;</li> <li>a national public education and awareness program;</li> <li>the coordination of levee safety, floodplain management, and environmental protection activities;</li> <li>the development of state and tribal levee safety programs; and</li> <li>the provision to states and Indian tribes of technical assistance and materials that address levee safety and flood risks.</li> </ul> <p>Directs the Secretary to provide grants to states and Indian tribes to establish levee safety programs, conduct levee inventories, and carry out the requirements of this title. Requires the levee safety programs to meet certain guidelines issued by the Secretary. Directs the Secretary to implement quantifiable performance measures and metrics to assess the effectiveness of the grant program.</p> <p>Directs the Secretary to provide grants to states, Indian tribes, and local governments to conduct flood mitigation activities that reduce flood risk. Allows grant funds to be used to rehabilitate levees, but not levees that are federally operated and maintained. Makes routine levee operation and maintenance activities ineligible for funding.</p> <p>(Sec. 6005) Requires the Secretary to establish a National Levee Safety Advisory Board to: (1) advise the Secretary and Congress regarding consistent approaches to levee safety, (2) monitor levee safety in the United States, (3) assess the effectiveness of the national levee safety program, and (4) ensure that such program is carried out in a manner that is consistent with other federal flood risk management efforts.</p> <p>(Sec. 6006) Amends the WRDA of 2007 require the Secretary to include in the National Levee Safety Database updated information provided by states, Indian tribes, federal agencies, and other entities.</p> <p>(Sec. 6007) Directs the Secretary to submit multiple reports to Congress that include: (1) a biennial report describing the state of levees in this country and the effectiveness of the national levee safety program, (2) a report on the advisability and feasibility of establishing a joint national dam and levee safety program, and (3) a report identifying and addressing legal liability associated with levee engineering projects.</p> <p>Directs the Comptroller General to report to Congress on opportunities for the alignment of federal programs to provide incentives to state, tribal, and local governments, individuals, and entities to: (1) promote shared responsibility for levee safety, (2) better align the national levee safety program and other federal flood risk management programs, and (3) promote levee safety through other federal programs providing assistance to state and local governments.</p> <p>(Sec. 6009) Authorizes appropriations for the Levee Safety program.</p> <p><b>Title VII: Inland Waterways - </b>(Sec. 7003) Directs the Chief of Engineers, for each qualifying project (any authorized construction or major rehabilitation project for navigation infrastructure of the inland and intracoastal waterways that is funded by the Inland Waterways Trust Fund but not completed on the date of this Act's enactment), to require: (1) project management training and certification, (2) assignment as project manager of only personnel fully certified by the Chief of Engineers, and (3) any applicable cost estimation to be risk-based and to have a confidence level of at least 80%. </p> <p>Requires the Chief of Engineers to: (1) establish a system to identify and apply on a continuing basis lessons learned from qualifying projects to improve the likelihood of on-time and on-budget completion, and (2) evaluate early contractor involvement acquisition procedures to improve on-time and on-budget project delivery performance.</p> <p> Authorizes the Chief of Engineers to carry out pilot projects to evaluate processes or procedures for the study, design, or construction of qualifying projects that, at a minimum, evaluate: (1) early contractor involvement in the development of features and components; (2) an appropriate use of continuing contracts for the construction of features and components; and (3) applicable principles, procedures, and processes used for military construction projects.</p> <p> Revises the duties of the Inland Waterways User Board by requiring the Board to provide advice and recommendations to Congress regarding: (1) any report of the Chief of Engineers relating to commercial navigation features and components of the inland waterways and inland harbors of the United States, (2) an increase in the authorized cost of such features and components, and (3) a long-term capital investment program. Requires the chairperson of the Board to appoint a representative of such Board to serve on the project development team for a qualifying project or the study or design of such a feature or component. Requires the Chief of Engineers to communicate at least once each quarter to such Board on the status of the study, design, or construction of such features or components.</p> <p>Requires the Chief of Engineers to: (1) develop and submit to Congress within a year a report describing a 20-year program for making capital investments on the inland and intracoastal waterways based on the application of objective, national project selection prioritization criteria; (2) consider, in developing such program, the 20-year capital investment strategy contained in the Inland Marine Transportation System Capital Projects Business Model; (3) ensure that program investments are made in all geographical areas of the inland waterways system; and (4) submit a strategic review of such program within every five years.</p> <p> (Sec. 7004) Increases (from $8 million to $20 million) the minimum amount of capital outlays required for a major project feature restoration initially funded on or after October 1, 1994, to be considered &quot;rehabilitation&quot; for purposes of laws relating to navigation on U.S. inland and intracoastal waterways.</p> <p> (Sec. 7005) Expresses the sense of Congress that: (1) the existing revenue sources for inland waterways system construction and rehabilitation activities are insufficient to cover the costs of non-federal interests of construction and major rehabilitation projects on the inland waterways system, and (2) such issue should be addressed.</p> <p> (Sec. 7006) Requires the Comptroller General to report on the efficiency of collecting the fuel tax for the Inland Waterways Trust Fund, including regarding: (1) whether current collection methods result in full compliance with legal requirements, (2) whether alternative collection methods would result in increased revenues, and (3) alternative collection options.</p> <p>(Sec. 7007) Requires the Comptroller General to study and report on why, and to what extent, the project for navigation, Lower Ohio River, Locks and Dams 52 and 53, Illinois and Kentucky (commonly known as the &quot;Olmsted Locks and Dam project&quot;) has exceeded the budget for the project and the reasons why the project failed to be completed as scheduled. Amends the WRDA of 1988 to require the remaining costs of such project to be paid from amounts appropriated from the general fund of the Treasury (currently 50% from the general fund and 50% from the Inland Waterways Trust Fund). </p> <p> <b>Title VIII: Harbor Maintenance </b>- Harbor Maintenance Trust Fund Act of 2013 - (Sec. 8003) Prohibits the total budget resources made available to the Secretary from the Harbor Maintenance Trust Fund for: (1) each of FY2014-FY2019 from being lower than the lesser of a specified amount or the level of receipts credited to such Fund for such fiscal year, and (2) fiscal years after FY2019 from being less than the level of receipts plus interest credited to such Fund for that fiscal year. Requires such amounts to be used only for harbor maintenance programs.</p> <p>Provides that such minimum resource requirement shall not apply if it would result in making lower amounts available for the applicable fiscal year to carry out all programs, projects, and activities of the civil works program of the Corps, other than the harbor maintenance programs, than were made available for those purposes in the previous fiscal year, with specified exceptions. Excludes any amounts that are designated for emergency requirements and disaster relief from amounts made available to carry out all programs, projects, and activities of the civil works program of the Corps.</p> <p> (Sec. 8004) Declares it is the policy of the United States that the primary use of such Fund is for maintaining the constructed widths and depths of the commercial ports and harbors of the United States and those functions should be given first consideration in the budgeting of Fund allocations.</p> <p>Requires the Chief of Engineers, in allocating amounts that are made available from such Fund for operations and maintenance costs assigned to commercial navigation of all harbors and that are in excess of the amounts made available to carry out such projects in FY2012, to give priority to projects in the following order: (1) those projects that are high-use deep draft and are a priority for navigation in the Great Lakes Navigation System but that are not maintained to their constructed width and depth, (2) moderate-use and low-use port projects that have been maintained at less than their constructed width and depth, and (3) other projects that are not maintained to the minimum width and depth necessary to provide sufficient clearance for fully loaded commercial vessels. Authorizes the Secretary to prioritize other projects to address hazardous navigation conditions or impacts of natural disasters. </p> <p>Requires the Secretary to submit to Congress a report each year on: (1) the amount of funds used to maintain high-use deep draft projects and projects at moderate-use ports and low-use ports to the constructed depth and width of the project, (2) the respective percentage of total funds provided under this Act used for high use deep draft projects and projects at moderate-use ports and low-use ports, (3) the remaining amount of funds made available to carry out this Act, and (4) any additional amounts needed to maintain the high-use deep draft projects and projects at moderate-use ports and low-use ports to their constructed depth and width.</p> <p> Revises the non-federal share of the cost of operation and maintenance of a deep-draft harbor to 50% of the excess of the cost of the operation and maintenance of such project over the cost that the Secretary determines would be incurred if such project had a depth of 50 feet (currently, 45 feet).</p> <p> Defines operation and maintenance activities that are eligible for the federal cost share, including: (1) the dredging of berths in a harbor that is accessible to a federal channel, if such channel has been constructed to its authorized depth; and (2) the dredging and disposal of legacy-contaminated sediments and sediments unsuitable for ocean disposal that are located in or affect the maintenance of federal navigation channels or that are located in berths that are accessible to federal channels. Prioritizes projects that have received the lowest amount of funding from such Fund in the previous three fiscal years. Establishes the maximum amount of funding available each year for operation and maintenance activities.</p> <p>Authorizes the Secretary to provide funding to eligible donor ports and eligible energy transfer ports: (1) to provide payments to importers entering cargo or shippers transporting cargo through an eligible donor port or eligible energy transfer port, as calculated by U.S. Customs and Border Protection; (2) to dredge berths in a harbor that is accessible to a federal channel; (3) to dredge and dispose of legacy-contaminated sediments and sediments unsuitable for ocean disposal that are located in, or that affect, the maintenance of federal navigation channels or that are located in berths that are accessible to federal channels; or (4) for environmental remediation related to dredging berths and federal navigation channels. Authorizes specified additional appropriations to such Fund for such ports for FY2014-FY2024 if the total amounts made available from the Fund exceed the total amounts made available from the Fund in FY2012. </p> <p>(Sec. 8005) Requires the Comptroller General to conduct a study that: (1) evaluates the effectiveness of activities funded by such Fund in maximizing economic growth and job creation in the communities surrounding low- and moderate-use ports, and (2) includes recommendations relating to the use of amounts in such Fund to increase the competitiveness of U.S. ports relative to Canadian and Mexican ports.</p> <p><strong>Title IX: Dam Safety</strong> - Dam Safety Act of 2013 - (Sec. 9004) Amends the National Dam Safety Program Act to require the head of a federal agency, on request, to provide a state dam safety agency with information on the condition and provisions for emergency operations of any dam the failure of which would affect the state.</p> <p> (Sec. 9005) Includes as an objective of the National Dam Safety Program the development and implementation of a comprehensive dam safety hazard education and public awareness program to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents. Directs the FEMA Administrator to carry out such a public awareness and outreach program nationwide. Authorizes the Administrator to invite representatives from nongovernmental organizations to participate in meetings of the National Dam Safety Review Board.</p> <p>(Sec. 9007) Authorizes appropriations for the National Dam Safety Program for FY2014-FY2018, the national dam inventory, public awareness, research, dam safety training, and staff. Prohibits the amount allocated to a state for implementing a state dam safety program from exceeding the amount committed by the state to implement dam safety activities.</p> <p><b>Title X: Innovative Financing Pilot Projects </b>- Water Infrastructure Finance and Innovation Act of 2013 - (Sec. 10004) Authorizes the Secretary and the EPA Administrator to provide financial assistance to carry out pilot projects to develop critical water resources infrastructure, including: </p> <ul> <li>a project for flood control or hurricane and storm damage reduction that the Secretary has determined is technically sound, economically justified, and environmentally acceptable; </li> <li> activities that are eligible for assistance under water pollution control revolving loan funds or drinking water state revolving loan funds; </li> <li> projects for enhanced energy efficiency in the operation of a public water system or a publicly owned treatment works; </li> <li>projects for repair, rehabilitation, or replacement of a treatment works, community water system, or aging water distribution or waste collection facility;</li> <li> brackish or sea water desalination projects, managed aquifer recharge projects, or water recycling projects; and </li> <li> acquisition of property that is integral to such water resources infrastructure projects or pursuant to an existing plan that would mitigate the environmental impacts of water resources infrastructure projects otherwise eligible for assistance under this title.</li> </ul> <p> (Sec. 10008) Specifies activities that are eligible for assistance, including:</p> <ul> <li> development-phase activities;</li> <li>construction, reconstruction, rehabilitation, and replacement activities;</li> <li>the acquisition of property, environmental mitigation, construction contingencies, and acquisition of equipment;</li> <li>capitalized interest necessary to meet market requirements, reasonable required reserve funds, capital issuance expenses, and other carrying costs during construction; and </li> <li>refinancing interim construction funding, long-term project obligations, or a secured loan or loan guarantee made under this Act.</li> </ul> <p>(Sec. 10009) Sets forth project eligibility criteria.</p> <p> (Sec. 10010) Authorizes the Secretary or Administrator to enter into agreements to make secured loans to finance eligible project costs. Limits the amount of such a loan to the lesser of: (1) 49% of the reasonably anticipated eligible project costs, and (2) the amount of the senior project obligations of the project if the loan does not receive an investment-grade rating. Authorizes the Secretary or Administrator to establish fees to cover the costs of making such loans. Limits the total amount of federal assistance for such projects to 80% of the total project costs. Exempts from such limitation any rural water project that is authorized to be carried out by the Secretary of the Interior and that has an Indian tribe as a beneficiary.</p> <p>Authorizes the Secretary or Administrator to provide a loan guarantee in lieu of making a secured loan if the Secretary or Administrator determines that the budgetary cost of such guarantee is substantially the same as that of a secured loan. </p> <p>(Sec. 10011) Requires the Secretary or the Administrator to establish a uniform system to service the federal credit instruments made available under this title. Authorizes the Secretary or the Administrator to collect and spend fees, contingent on authority being provided in appropriations acts, at a level that is sufficient to cover the costs of services of experts in the field of municipal and project finance and the costs of servicing such instruments. Authorizes the Secretary or the Administrator to: (1) appoint a financial entity to assist in servicing such instruments, and (2) retain the services of organizations and entities with expertise in such field for such assistance.</p> <p> (Sec. 10014) Authorizes appropriations for FY2014-FY2018 to carry out this title.</p> <p> (Sec. 10015) Requires the Secretary or the Administrator to report every two years on the financial performance of, and public benefit provided by, projects that have received assistance under this title.</p> <p>(Sec. 10016) Prohibits amounts made available under this Act from being used for the construction, alteration, maintenance, or repair of a project eligible for assistance under this title unless all of the iron, steel, and manufactured goods (goods) used in the project are produced in the United States. Exempts from such prohibition cases in which the Secretary finds that: (1) applying such prohibition would be inconsistent with the public interest, (2) such goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality, or (3) including such goods will increase the cost of the overall project by more than 25%.</p> <p> <b>Title XI: Extreme Weather - </b>(Sec. 11002) Requires the Secretary to enter into enter into an arrangement with the National Academy of Sciences to carry out a study and make recommendations relating to infrastructure and coastal restoration options for reducing risk to human life and property from extreme weather events, such as hurricanes, coastal storms, and inland flooding. </p> <p> (Sec. 11003) Requires the Comptroller General to submit to Congress a study of the strategies used by the Corps for the comprehensive management of water resources in response to floods, storms, and droughts, including a historical review of the ability of the Corps to manage and respond to historical drought, storm, and flood events.</p> <p> (Sec. 11004) Authorizes the Secretary: (1) in an area that the President has declared a major disaster, to carry out a watershed assessment to identify specific flood risk reduction, hurricane and storm damage reduction, or ecosystem restoration or navigation project recommendations that will help to rehabilitate and improve the resiliency of damaged infrastructure and natural resources to reduce risks to human life and property from future natural disasters; and (2) to carry out one or more small projects identified under such assessment that the Secretary would otherwise by authorized to carry out under specified Acts. Requires such an assessment to be initiated within two years after the declaration of a major disaster. Limits the federal share of the cost of carrying out a watershed assessment to $1 million. Authorizes appropriations for FY2014-FY2018.</p> <p>(Sec. 11005) Authorizes the Secretary to accept and expend amounts provided by non-federal interests for repairing, restoring, or replacing water resources projects that have been damaged or destroyed as a result of a major disaster or other emergency if it would be in the public interest.</p> <p><b>Title XII: National Endowment for the Oceans</b> - National Endowment for the Oceans Act - (Sec. 12004) Authorizes the Secretary of Commerce and the National Fish and Wildlife Foundation to establish the National Endowment for the Oceans as a permanent endowment fund to provide grants to support programs and activities intended to restore, protect, maintain, or understand living marine resources and their habitats and ocean, coastal, and Great Lakes resources.</p> <p>Subjects any amounts received by the Foundation pursuant to this title to the provisions of the National Fish and Wildlife Establishment Act.</p> <p>Provides for the allocation and expenditure of funds from the Endowment.</p> <p>Requires programs and activities that are funded by the Endowment and that are located in the Great Lakes States to seek to attain the goals embodied in the Great Lakes Restoration Initiative Plan, the Great Lakes Regional Collaboration Strategy, the Great Lakes Water Quality Agreement, or other collaborative planning efforts of the Great Lakes Region.</p> <p>Prohibits endowment funds from being used to fund litigation.</p> <p>(Sec. 12006) Requires the Foundation to establish: (1) grant application, review, and approval procedures; (2) eligibility criteria; (3) performance accountability and monitoring measures for programs and activities funded; and (4) an advisory panel to review and make recommendations regarding grant applications. </p> <p>Sets forth a formula for the Foundation to use in determining the amount to award to coastal states. Limits the maximum amount that may be allocated to any single state or to American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, or the Virgin Islands.</p> <p>Requires coastal states, in order to be eligible to receive a grant, to submit to the Secretary a five-year plan that includes a prioritized list of goals the state intends to achieve during such period.</p> <p>(Sec. 12007) Requires the Foundation to report annually on the operation of the Endowment.</p> <p>(Sec. 12008) Provides for a land exchange between the Tulsa Port of Catoosa and the United States.</p> <p><b>Title XIII: Miscellaneous</b> - (Sec. 13001) Requires the Administrator of EPA to require certification of compliance with the Spill Prevention, Control, and Countermeasure rule from farms with tanks with specified above-ground storage capacities. </p> <p>Requires the Administrator to: (1) study exemptions from such certification requirements for tanks with not more than 6,000 gallons and not less than 2,500 gallons; and (2) promulgate a rule to adjust the exemption levels in accordance with such study. <p>(Sec. 13002) Authorizes the Secretary to 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 (BLM), FWS, the Forest Service, and the Bureau of Reclamation, including the provision of free annual passes to active duty military personnel and dependents.

action_date: 2014-05-15
action_desc: Conference report filed in House
text: <p>Water Resources Reform and Development Act of 2014 - <strong>Title I: Program Reforms And Streamlining </strong>- (Sec. 1001) Revises requirements for feasibility studies initiated under the Water Resources Development Act of 1986 (WRDA of 1986) to: (1) require a final report on a study not later than three years after its initiation; (2) limit the maximum federal cost of any such study to $3 million; and (3) require personnel of the Army Corps of Engineers (Corps) to conduct concurrent reviews of feasibility studies (currently, sequential reviews are permitted). </p> <p>Requires the Secretary of the Army, not later than 30 days after making a determination that a feasibility study will not be conducted in accordance with such limitations, to: (1) prepare an updated feasibility study schedule and cost estimate, (2) notify the non-federal feasibility cost-sharing partner that the study has been delayed, and (3) provide written notice to the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works (congressional public works committees) explaining the reasons for noncompliance. </p> <p>Terminates the authority for any feasibility study that is not completed within one year after the Secretary makes a determination of noncompliance, except that the Secretary may extend the timeline of a feasibility study for up to 3 years if the Secretary determines that the study is too complex to comply with the time and cost limitations imposed by this Act. Prohibits the Secretary from extending the timeline for a feasibility study for more than 7 years.</p> <p>Requires the Secretary, not later than 90 days after the initiation of a feasibility study, to initiate federally-mandated reviews, including environmental reviews.</p> <p>Requires the Secretary, not later than four years after the enactment of this Act, to report on: (1) the status of implementation of these limitations on feasibility studies, (2) the amount of time taken to complete each study, and (3) any recommendations for additional authority to support efforts to expedite the feasibility study process.</p> <p>(Sec. 1002) Repeals the requirement under the WRDA of 1986 that the Corps conduct a reconnaissance study prior to initiating a feasibility study. </p> <p>Requires a feasibility report for a water resources project to include a preliminary analysis of the federal interest and costs, benefits, and environmental impacts of such a project. </p> <p>Requires the Secretary to: (1) determine a set of milestones for completion of a feasibility study, including major actions, report submissions and responses, reviews, and comment periods; and (2) submit to the congressional public works committees and make publicly available an annual report that includes all detailed project schedules established by district engineers and an explanation of any missed deadlines. </p> <p>(Sec. 1003) Directs the Secretary to: (1) expedite the completion of any ongoing feasibility study for a water resources project initiated before the enactment of this Act; and (2) proceed directly to preconstruction planning, engineering, and design of the project in accordance with the WRDA of 1986 if the Secretary determines that the project is justified.<br /><br /> (Sec. 1004) Repeals the requirement for a review of the cost effectiveness of the design of a water resources project that has a total cost in excess of $10 million. </p> <p>(Sec. 1005) Amends the WRDA of 2007 to revise and establish new requirements for the environmental review process for water resources projects (i.e., the process of preparing an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 [NEPA]), by: (1) designating the Corps as the federal lead agency in the environmental review process; (2) requiring the Secretary to issue guidance on programmatic approaches for carrying out the review process that eliminates duplicative efforts and promotes collaboration with participating agencies; (3) establishing a plan for coordinating public and agency participation in, and comment on, the environmental review process; (4) establishing deadlines for comment during the environmental review process; (5) identifying and resolving issues that could delay completion of the process or result in the denial of any approval required for a project; and (6) expanding financial penalties for failures of participating agencies to complete any required approval or decision for the environmental review process.</p> <p>Requires the Secretary to survey the use by the Corps of categorical exclusions (i.e., a category of actions that do not have a significant effect on the human environment and do not require an environmental assessment or impact statement) in water resources projects and publish a review of such survey.</p> <p>Requires the Comptroller General (GAO) to assess and report on the revised requirements for the environmental review process.</p> <p>(Sec. 1006) Amends the WRDA of 2000 to provide permanent authority for the program for funding by non-federal public interests to expedite the processing of permits issued by the Corps. Allows public utility companies and natural gas companies to participate in such program for up to seven years. Requires the Secretary to ensure that the use of such authority does not delay the permit processing time of permit applicants who do not participate in the program and that all final permit decisions are made available to the public in an appropriate format.</p> <p>(Sec. 1007) Requires the Secretary to establish a process for the review of section 14 applications in a timely and consistent manner. Defines "section 14 application" as an application submitted to the Secretary requesting permission for the temporary occupation or use of a public work or the alteration or permanent occupation or use of a public work. Requires the Secretary to establish benchmark goals for review of such applications, including a 45-day benchmark for approving or disapproving a completed application and a 180-day benchmark if a completed application requires more time to review due to the type, size, cost, complexity, or impacts proposed in the application. </p> <p>(Sec. 1008) Declares that it is the policy of the United States that: (1) the development of non-federal hydroelectric power at Corps civil works projects, including locks and dams, shall be given priority; (2) approval of non-federal hydroelectric power shall be completed by the Corps in a timely and consistent manner; and (3) approval of hydropower at civil works projects shall not diminish other priorities and missions of the Corps.</p> <p>Requires the Secretary to report to the congressional public works committees on: (1) activities for the development of hydroelectric power by a non-federal interest (defined generally by the WRDA of 2007 to include a state, local government, federally-recognized Indian tribe, and nonprofit entity); and (2) actions taken by the Secretary regarding the use of electronic commerce in federal procurement.</p> <p>(Sec. 1010) Directs the Secretary to notify the applicable non-federal interest when construction of a water resources project is completed. Allow a non-federal interest to appeal the completion determination of the Secretary.</p> <p>(Sec. 1011) Sets forth criteria for prioritizing authorized projects and ongoing feasibility studies with a primary purpose of hurricane and storm damage risk reduction and authorized projects with a primary purpose of ecosystem restoration. </p> <p>(Sec. 1012) Requires the Secretary to: (1) provide a non-federal interest a detailed accounting of the federal expenses associated with a water resources project, and (2) contract with the National Academy of Public Administration to carry out a study on the efficiency of the Corps. </p> <p>(Sec. 1013) Requires the Secretary to contract with the National Academy of Public Administration to carry out a comprehensive review of the process for preparing, negotiating, and approving Project Partnership Agreements and the Project Partnership Agreement template, which shall include: (1) an evaluation of the process for preparing, negotiating, and approving such Agreements; and (2) recommendations to improve the template and the process for preparing, negotiating, and approving such Agreements. Requires the Secretary to report the findings of the National Academy to the congressional public works committees. </p> <p>(Sec. 1014) Amends the WRDA of 1986 to permit a non-federal interest to study, design, and construct water resources projects using its own funding and to seek credit or reimbursement for any funds expended that are in excess of the non-federal cost share of the project. </p> <p>(Sec. 1015) Authorizes the Secretary to receive and expend funds from non-federal interests or private entities to operate a hurricane barrier project, after giving written notice to the congressional public works committees.</p> <p>(Sec. 1016) Allows the Secretary to assume responsibility for operation and maintenance for improvements to a federally authorized harbor or inland harbor that are carried out by a non-federal interest prior to December 31, 2014, provided that certain engineering and construction requirements under the WRDA of 1986 are met. </p> <p>(Sec. 1017) Requires the Secretary to: (1) establish a five-year pilot program for the acceptance and expenditure of funds by non-federal interests to increase the hours of operation of locks at water resources development projects, and (2) publish notification in the Federal Register of any proposed modification to the operation of a lock and accept public comment on such modification. Requires reporting on, and annual review of, such pilot program and the commercial use of locks.</p> <p>(Sec. 1018) Amends the Flood Control Act of 1970 to authorize the Secretary of the Army to: (1) provide in-kind credit for work done by a non-federal sponsor prior to the execution of a project partnership agreement, and (2) enter into a written agreement with the non-federal sponsor to credit in-kind contributions against the non-federal share of the cost of a project. </p> <p>Directs the Secretary to reimburse the non-federal interest for costs that exceed the non-federal cost-share requirements if the excess costs are incurred for work carried out pursuant to a written agreement and are a result of the requirement that the non-federal sponsor provide all lands, easements, rights-of-way, dredged material disposal areas, and relocations for the authorized project. </p> <p>Requires the Secretary to update any guidance or regulations related to the approval of in-kind credit to establish a milestone for executing an in-kind memorandum of understanding, criteria and procedures for granting exceptions to this milestone, and criteria and procedures for determining that work is integral to a project. </p> <p>(Sec. 1019) Provides that the costs of land, easements, rights-of-way, relocations, and dredged material disposal areas that are in excess of the non-federal cost share for a project may be applied to another study, program, or project.</p> <p>(Sec. 1020) Authorizes the Secretary to apply credit for in-kind contributions by a non-federal interest that are in excess of the required non-federal cost share for a water resources development study or project toward the required non-federal cost share for a different water resources development study or project, subject to specified restrictions. Terminates such authority 10 years after the enactment of this Act. Requires the Secretary to report to the congressional public works committees on the use of such authority.</p> <p>(Sec. 1021) Authorizes a non-federal interest to carry out operation and maintenance responsibilities of an authorized navigation project using its own funds, provided that the non-federal interest follows all applicable laws and regulations. Provides that the credit received for such work may be applied toward construction costs of another element of the same project or another authorized navigation project sponsored by the same non-federal interest, not to exceed 20% of the total costs associated with construction of the general navigation features of the project. </p> <p>(Sec. 1022) Authorizes the Secretary to provide a non-federal interest, at its request, a credit equal to the estimated federal share of the cost of an authorized flood damage reduction project constructed by the non-federal interest under the WRDA of 1996 prior to the enactment of this Act, in lieu of a reimbursement in that amount. </p> <p>(Sec. 1023) Authorizes the Secretary to accept funds from a non-federal interest for any authorized water resources development project that meets or exceeds its cost limit, as long as the federal share does not increase. </p> <p>(Sec. 1024) Authorizes the Secretary to accept material and services provided by a non-federal interest, including public, non-profit, or private entities, to repair, restore, or replace a water resources development project that has been damaged or destroyed during an emergency event. </p> <p>(Sec. 1025) Authorizes the Secretary to carry out water resources development projects on federal lands under the administrative jurisdiction of another federal agency where the acquisition of such lands has been paid for by a non-federal project sponsor. </p> <p>(Sec. 1026) Authorizes the Secretary to accept funds from other federal agencies to address the adverse impact on a federal facility of a modification or construction of a water resources development project carried out by the Secretary.</p> <p>(Sec. 1027) Authorizes the Secretary to implement any response action deemed necessary at a site where: (1) the Secretary has carried out a project under his or her civil authority that includes placing sand on a beach, and (2) military munitions originally released by Department of Defense (DOD) activities and deposited on the beach pose a threat to human health or the environment. Requires DOD to pay for such response action.</p> <p>(Sec. 1028) Authorizes the Secretary to carry out measures to improve fish species habitat within the boundaries and downstream of a water resources project constructed by the Secretary that includes a fish hatchery if the Secretary: (1) has been explicitly authorized to compensate for fish losses associated with the project; and (2) determines that the measures are feasible, consistent with authorized project purposes and the fish hatchery, and in the public interest.</p> <p>(Sec. 1029) Amends the WRDA of 1996 to expand the Secretary's interagency and international support authority to include federal departments or agencies and nongovernmental organizations.</p> <p>(Sec. 1030) Requires the Secretary to publish in the Federal Register and on a publicly available website: (1) the criteria the Secretary uses for prioritizing annual funding for continuing authority program projects, and (2) an annual report on the status of each continuing authority program. </p> <p>Increases authorized amounts for continuing authority programs associated with small river and harbor improvement projects, shore damage prevention or mitigation, regional sediment management, small flood control projects, environmental improvement, aquatic ecosystem restoration and protection, floodplain management services, and emergency streambank and shoreline protection projects.</p> <p>(Sec. 1031) Requires the Secretary to issue guidance on the cost-sharing procedures for the Tribal Partnership Program. Extends such Program through FY2024.</p> <p>(Sec. 1032) Amends the WRDA of 1986 to extend the authority of the Secretary to waive cost sharing requirements, up to $200,000, for water resources studies and projects in Puerto Rico. Requires an inflation adjustment to such amount for the period beginning on November 17, 1986, and ending on the enactment date of this Act. </p> <p>(Sec. 1033) Requires the Secretary to encourage and incorporate corrosion prevention activities at water resources development projects.</p> <p>(Sec. 1034) Requires the Secretary to encourage and incorporate advanced modeling technologies that can expedite project delivery or improve the evaluation of water resources development projects that receive federal funding.</p> <p>(Sec. 1035) Provides that the Secretary may allow the use of a floating cabin on waters under the jurisdiction of the Secretary in the Cumberland River basin if: (1) the floating cabin complies with regulations for recreational vessels, is located at a marina leased by the Corps, and is maintained by the owner to required health and safety standards; and (2) the Secretary has authorized the use of recreational vessels on such waters. Defines "floating cabin" as a vessel used as a means of transportation on water with overnight accommodations. </p> <p>(Sec. 1036) Requires the Secretary, if requested by a non-federal interest, to construct a locally-preferred plan that provides a higher level of protection than a flood risk management project if the Secretary determines that the plan is technically feasible and environmentally acceptable and that the benefits exceed the costs of the plan. </p> <p>(Sec. 1037) Amends the WRDA of 1976 to direct the Secretary, at the request of the non-federal interest, to determine the feasibility of extending the period of beach nourishment for hurricane and storm damage reduction projects for a maximum 15-year period beyond the current 50-year maximum period. Allows a 3-year extension for projects that will expire within 5 years of the enactment of this Act. Authorizes the Secretary to review all authorized water resources development projects for which the Secretary to authorized to provide periodic nourishment under the WRDA of 1976.</p> <p>(Sec. 1038) Amends the WRDA of 1992 to require the Secretary to consider the beneficial use of dredged material for purposes of regional sediment management and reducing or avoiding federal costs.</p> <p>(Sec. 1039) Directs the Secretary, in consultation with the Director of the U.S. Fish and Wildlife Service, the Tennessee Valley Authority (TVA), and other federal officials, to: (1) carry out a review of the federal response to invasive species, including aquatic weeds, aquatic snails, and other aquatic invasive species that have an impact on water resources; and (2) make recommendations to Congress and state agencies for improving federal and state laws to more effectively respond to threats posed by invasive species.</p> <p>Directs the Comptroller General to conduct an assessment of the federal costs of, and spending on, aquatic invasive species.</p> <p> Requires the Director of the U.S. Fish and Wildlife Service to lead, and report on, a multiagency effort to slow the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries by providing technical assistance, coordination, best practices, and support to state and local governments in carrying out efforts to slow, and eventually eliminate, the threat posed by Asian carp. </p> <p>Authorizes the Secretary to: (1) implement measures to prevent aquatic nuisance species from dispersing into the Great Lakes by way of any hydrologic connection between the Great Lakes and the Mississippi River Basin, and (2) establish watercraft inspection stations in the Columbia River Basin to prevent the spread of aquatic invasive species. </p> <p>(Sec. 1040) Amends the the WRDA of 1986, with respect to fish and wildlife mitigation, to: (1) modify mitigation requirements to conform to policy guidance issued by the Corps relating to ecological resources, and (2) require that a determination of whether a proposed project will have negligible adverse impacts on fish and wildlife be made without consideration of proposed mitigation.</p> <p>(Sec. 1041) Requires the Secretary in reporting on the status of projects included in the mitigation status report to: (1) use a uniform methodology for determining the status of all projects included in the report, (2) use a methodology that describes both a qualitative and quantitative status for all projects in the report, and (3) provide specific dates for participation in the consultations required by the WRDA of 1986. </p> <p>(Sec. 1042) Requires the Secretary to complete and submit to Congress reports required by this Act by their due dates. Imposes a penalty upon the General Expenses Account of the civil works program of the Corps for any report which is not submitted within 180 days of its due date. Allows a waiver of such penalty if: (1) the Secretary certifies that a major modification has been made to the report that requires additional analysis, (2) amounts have not been appropriated to carry out the report, or (3) additional information is required from an entity other than the Corps and is not available in time to complete the report by its deadline. </p> <p>(Sec. 1043) Authorizes the Secretary to 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 and the construction of projects for flood risk management, hurricane and storm damage reduction, ecosystem restoration, and coastal harbor and channel and inland harbor navigation. Sets forth funding and reporting requirements for such pilot program. Terminates such program five years after the enactment of this Act. Authorizes appropriations for FY2015-FY2019.</p> <p>(Sec. 1044) Amends the WRDA of 2007 to: (1) increase (from $45 million to $200 million of estimated water resources project cost) the threshold at which independent peer review of feasibility studies are required, and (2) extend such peer review requirement for a 12-year period ending in 2019.</p> <p>(Sec. 1045) Requires the Secretary, in coordination with the Federal Energy Regulatory Commission (FERC), to initiate an assessment of the effects of drought conditions on lakes managed by the Secretary that are affected by FERC-licensed reservoirs, including 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 license has on the management of such lakes for hydropower generation, navigation, flood protection, water supply, fish and wildlife, and recreation. Requires the Secretary to report to Congress on such assessment and make such report publicly available. </p> <p>(Sec. 1046) Directs the Secretary to: (1) conduct an assessment to determine the effects of the management practices, priorities, and authorized purposes at Corps reservoirs in arid regions on water supply during periods of drought and report to the congressional public works committees on such assessment; (2) update reports on the operating purposes of Corps reservoirs and develop a plan for reviewing and updating the operations of reservoirs; and (3) notify the applicable non-federal interest before each fiscal year of the anticipated operation and maintenance activities of a reservoir managed by the Secretary and for each of the subsequent four fiscal years for which the non-federal interests are required to contribute amounts. </p> <p>Authorizes the Secretary, until January 1, 2016, to accept from a state or local interest a plan for the utilization of allocated water storage for future use under this Act, including a 10-year timetable for the conversion of future use storage to present use. Prohibits the Secretary from charging a fee for surplus water storage over the next 10 years on Corps reservoir projects in the Upper Missouri River Basin.</p> <p>Requires the Comptroller General to conduct, and report on, an audit to determine whether reviews of project operations carried out by the Secretary prior to the enactment of this Act and plans developed by the Secretary are compliant with applicable laws and regulations.</p> <p>(Sec. 1047) Authorizes the Secretary to: (1) issue special permits for uses such as group activities, recreation events, motorized recreation vehicles, and other recreation uses deemed appropriate and to collect fees for such permits or accept in-kind services in lieu of fees; and (2) enter into an agreement with a state or local government to provide for cooperative management of a public recreation area located at a lake or reservoir operated by the Corps and adjacent to or near a state or local park or recreation area.</p> <p>(Sec. 1048) Authorizes the Secretary to 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 (BLM), the U.S. 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.</p> <p>(Sec. 1049) Increases the oil storage capacity threshold under the Spill Prevention, Control, and Countermeasure (SPCC) Rule for farms requiring a certification from a professional engineer and farms that self-certify their SPCC plans. Exempts from SPCC regulation farms with a specified aggregate above-ground storage capacity and no reportable discharge history.</p> <p>Requires the Administrator of the Environmental Protection Agency (EPA) to conduct a study to determine the appropriate exemption levels for farms, based on a significant risk of discharge to water.</p> <p>(Sec. 1050) Expresses the sense of Congress that the lock and dam located at mile 357.5 on the Tennessee-Tombigbee Waterway should be known and designated as the &quot;Donald G. Waldon Lock and Dam.&quot;</p> <p>Redesignates: (1) the Lower Mississippi River Museum and Riverfront Interpretive Site as the &quot;Jesse Brent Lower Mississippi River Museum and Riverfront Interpretive Site&quot;; and (2) the Kaskaskia Lock and Dam located in Modoc, Illinois, as the &quot;Jerry F. Costello Lock and Dam.&quot;</p> <p>(Sec. 1051) Expresses the sense of Congress that: (1) Congress and the Secretary should urge states to reach agreements on interstate water agreements and compacts; (2) at the request of a governor of a state, the Secretary should facilitate and assist in the development of an interstate water agreement or compact; (3) Congress should provide prompt consideration of interstate agreements and compacts; and (4) the Secretary should adopt policies and implement procedures for the operation of reservoirs that are consistent with interstate agreements and compacts. </p> <p>(Sec. 1052) Expresses the sense of Congress that Congress should consider a water resources development bill not less than once every Congress.</p> <p><strong>Title II: Navigation</strong> - <strong>Subtitle A: Inland Waterways</strong> - (Sec. 2002) Sets forth requirements for qualifying projects (i.e., any construction or major rehabilitation project for navigation infrastructure of the inland and intracoastal waterway that is authorized before, on, or after the enactment of this Act, is not completed as of the enactment of this Act, and is funded at least in part from the Inland Waterways Trust Fund), including training and certification requirements for project managers and requirements for the use of a risk-based cost estimation and best management practices. </p> <p>Amends the WRDA of 1986 to expand the duties of the Inland Waterway Users Board to include providing advice and recommendations on the construction and rehabilitation priorities and spending levels for U.S. inland waterways and inland harbors. Requires the Secretary to submit to Congress a 20-year plan for making capital investments on the inland and intracoastal waterways. </p> <p>(Sec. 2003) Requires the Comptroller General to report on the efficiency of collecting the fuel tax for the Inland Waterways Trust Fund, including an evaluation of: (1) whether current methods of collection of the tax result in full compliance with legal requirements, (2) whether alternative collection methods would result in increased revenues to the Inland Waterways Trust Fund, and (3) alternative collection options.</p> <p>(Sec. 2004) Directs the Secretary of the Army, in consultation with federal agency heads and other interested parties, including representatives of the Inland Waterways Users Board, to conduct a study of, and report on: (1) the potential benefits and implications of authorizing the issuance of tax-exempt bonds in the Inland Waterways Trust Fund, and (2) potential revenue sources from which funds could be collected to generate additional revenues for the Fund.</p> <p>(Sec. 2005) Directs the Secretary to conduct, and report on, an inland waterways stakeholder roundtable to provide for a review and evaluation of issues related to financial management of the inland and intracoastal waterways. </p> <p>(Sec. 2006) Requires 15% of the cost of construction for the Olmsted Project (i.e., the project for navigation, Lower Ohio River, Locks and Dams 52 and 53, Illinois and Kentucky authorized by the WRDA 1988) for each fiscal year beginning after FY2014 to be paid from amounts appropriated from the Inland Waterways Trust Fund. </p> <p>Expresses the sense of Congress that the appropriation for the Olmsted Project should not be less than $150 million for each fiscal year until construction is completed. </p> <p>Amends the WRDA of 1992 to increase from $8 million to $20 million the amount of capital outlays required for projects of rehabilitation of inland waterways.</p> <p>(Sec. 2007) Requires the Secretary and the Comptroller General to report to Congress on matters relating to the Olmsted Project. </p> <p>(Sec. 2008) Directs the Secretary to assess and report on the operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway.</p> <p>(Sec. 2009) Directs the Secretary, not later than one year after the enactment of this Act and biennially thereafter, to conduct a study to determine the feasibility of: (1) carrying out projects for the inland and intracoastal waterways for flood damage reduction, emergency streambank and shoreline protection, and prevention and mitigation of shore damages attributable to navigation improvements; and (2) modifying inland and intracoastal waterways projects to improve environmental quality.</p> <p>(Sec. 2010) Requires the Secretary to close the Upper St. Anthony Falls Lock and Dam not later than one year after the enactment of this Act.</p> <p>(Sec. 2011) Amends the WRDA of 1986 to authorize the Cherokee Nation of Oklahoma to design and construct one or more hydroelectric generation facilities at the W.D. Mayo Lock and Dam on the Arkansas River in Oklahoma and market the electricity generated. Prohibits the Cherokee Nation from proceeding with the construction of such a facility until it obtains any required state or federal building permit and the Secretary reviews and approves its plans and specifications for the design and construction of such facility. Authorizes the Secretary to provide technical and construction management assistance to the Cherokee Nation.</p> <p>(Sec. 2012) Increases from two to four years the period during which the Secretary is barred from installing permanent barriers or restricting public access in the vicinity of the 10 dams on the Cumberland River in Kentucky and Tennessee.</p> <p>(Sec. 2013) Makes the Secretary responsible for the operation and maintenance, including repair, of any flood gate and pumping station that was constructed as a feature of an authorized hurricane and storm damage reduction project and that crosses an inland or intracoastal waterway. Limits the federal share of costs to 35%.</p> <p><strong>Subtitle B: Port and Harbor Maintenance</strong> - (Sec. 2101) Establishes minimum levels of total target budget resources to be made available to the Secretary from the Harbor Maintenance Trust Fund in FY2015-FY2025.</p> <p>Expresses the sense of Congress that any increase in funding for harbor maintenance programs shall result from an overall increase in appropriations for the civil works programs of the Corps and not from reductions in the appropriations for other programs. </p> <p>(Sec. 2102) Amends the WRDA of 1986 to direct the Secretary to: (1) make expenditures for the operation and maintenance costs of harbors and inland harbors based on an equitable allocation of funds among all such harbors; (2) use priority funds for emerging harbor projects and high and moderate-use harbor projects; (3) manage all of the individually authorized projects in the Great Lakes Navigation System as components of a single, comprehensive system, recognizing the interdependence of the projects; (4) use not less than 10% of priority funds in each of FY2015-FY2024 for expanded uses carried out at an eligible harbor or inland harbor; and (5) assess biennially, and report on, the operation and maintenance needs and uses of harbors and inland harbors.</p> <p>(Sec. 2103) Amends the WRDA of 2007 to require the Secretary to consolidate deep draft navigation expertise within the Corps into a deep draft navigation planning center of expertise and report to the congressional public works committees on the grade levels and expertise of personnel assigned to the center. </p> <p>(Sec. 2104) Amends the WRDA of 2007 to include harbor development projects in Alaska and those crucial to a region with the remote and subsistence harbor projects that do not need to be justified solely by national economic development benefits. Requires remote and subsistence harbor projects that are recommended by the Secretary to be given the same budget consideration and priority as those recommended solely by national economic development benefits.</p> <p>(Sec. 2105) Authorizes the Secretary to provide technical assistance to non-federal public entities, including Indian tribes, for the development, construction, operation, and maintenance of channels, harbors, and related infrastructure associated with deep draft ports for purposes of dealing with Arctic development and security needs. Requires the Secretary to prioritize technical assistance for Arctic deep draft ports identified as important for Arctic development and security.</p> <p>(Sec. 2106) Authorizes the Secretary to provide funding to donor ports and energy transfer ports. Directs the Secretary to report to the congressional public works committees an assessment of the impact of funding of such ports. Authorizes appropriations for FY2015-FY2018.</p> <p>Defines "donor port" as a port: (1) that is subject to the harbor maintenance fee; (2) at which the total amount of harbor maintenance taxes collected comprise not less than $15 million annually of the total funding of the Harbor Maintenance Trust Fund; (3) that received less than 25% of the total amount of harbor maintenance taxes collected in the previous five fiscal years; and (4) that is located in a state in which more than 2 million cargo containers were unloaded from, or loaded onto, vessels in FY2012. </p> <p>Defines "energy transfer port" as a port: (1) that is subject to the harbor maintenance fee, (2) at which energy commodities comprised greater than 25% of all commercial activity by tonnage in FY2012, and (3) through which more than 40 million tons of cargo were transported in FY2012. </p> <p>(Sec. 2107) Requires the Secretary, at the request of a non-federal interest, to review a report developed by the non-federal interest that provides an economic justification for federal investment in the operation and maintenance of a federally-authorized harbor or inland harbor. </p> <p><strong>Title III: Safety Improvements And Addressing Extreme Weather Events </strong>-<strong> Subtitle A: Dam Safety</strong> - (Sec. 3001) Amends the National Dam Safety Program Act to: (1) require the Administrator of the Federal Emergency Management Agency (FEMA) to carry out a nationwide public awareness and outreach initiative to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents; and (2) authorize appropriations for FY2015-FY2019 for the National Dam Safety Program and related activities.</p> <p><strong>Subtitle B: Levee Safety </strong>- (Sec. 3011) Allows a levee system to remain eligible for rehabilitation assistance as long as it continues to make satisfactory progress on an approved system-wide improvement framework or letter of intent. </p> <p>(Sec. 3012) Directs the Secretary of the Army, at the request of a non-federal interest, to consider two or more flood control projects located within the same geographic area as a single program for budgetary or project management purposes if the Secretary determines that doing so is not incompatible with the authorized project purposes.</p> <p>(Sec. 3013) Requires the Secretary to carry out a comprehensive review of national guidelines to determine whether current federal policy relating to levee vegetation is appropriate for all regions of the United States. Specifies factors which the Secretary must consider in carrying out such review. </p> <p>(Sec. 3014) Directs the Secretary to ensure that an activity under the Corps' inspection of completed works program provides adequate information to reach a levee accreditation decision under FEMA's regulation for the mapping of areas protected by levees and for aligning the schedule established for the national flood insurance program (NFIP).</p> <p>Authorizes the Secretary to carry out levee system evaluations of federally authorized levees for NFIP levee accreditation purposes.</p> <p>(Sec. 3015) Amends the WRDA of 1974 to increase: (1) to $30 million the annual authorization of appropriations for federal and state cooperation in planning for the development, utilization, and conservation of state water resources; (2) to $5 million the limit on spending for such program in any one state; and (3) to $15 million for technical assistance to agencies or non-federal interests managing water resources. </p> <p>(Sec. 3016) Amends the WRDA of 2007 to authorize the Secretary, in consultation with the FEMA Administrator, to carry out a national levee safety initiative, including the establishment of voluntary levee safety guidelines and technical assistance to states to create local levee safety programs. </p> <p>Directs the Secretary: (1) to carry out a one-time inventory and review of all levees identified in the national levee database; and (2) in consultation with the FEMA Administrator, to carry out a levee safety initiative and establish a set of voluntary, comprehensive, national levee safety guidelines.</p> <p>(Sec. 3017) Directs the Secretary to carry out measures for the restoration of federally authorized hurricane and storm damage reduction projects that were constructed as of the enactment of this Act. Terminates such authority 10 years after the enactment of this Act. </p> <p><strong>Subtitle C: Additional Safety Improvements and Risk Reduction Measures</strong> - (Sec. 3021) Amends the WRDA of 1988, with respect to the use of innovative technology in carrying out water resources development projects, to modify the definition of &quot;innovative technology&quot; to include roller compacted concrete, geosynthetic materials, and advanced composites.</p> <p>(Sec. 3022) Directs the Secretary to encourage the Corps, in carrying out its activities, to use durable and sustainable materials and resilient construction techniques that: (1) allow a water resources infrastructure project to resist hazards due to a major disaster and to continue to serve its primary function following a major disaster; (2) reduce the magnitude or duration of a disruptive event to a water resources infrastructure project; and (3) have the absorptive capacity, adoptive capacity, and recoverability to withstand a potentially disruptive event. </p> <p>(Sec. 3023) Directs the Secretary, in coordination with the Secretaries of Commerce and the Interior, to enter into an arrangement with the National Academy of Sciences to carry out a study and make recommendations relating to infrastructure and coastal restoration options for reducing risk to human life and property from extreme weather events, such as hurricanes, coastal storms, and inland flooding. Requires the Academy to submit a copy of such study to the congressional public works committees and make a copy of the study available on a publicly-accessible Internet site. </p> <p>(Sec. 3024) Directs the Comptroller General to submit to the congressional public works committees a study of the strategies used by the Corps for the comprehensive management of water resources in response to floods, storms, and droughts, including a historical review of the ability of the Corps to manage and respond to historical drought, storm, and flood events.</p> <p>(Sec. 3025) Authorizes the Secretary, in a federally declared disaster area, to carry out a watershed assessment to identify specific flood risk reduction, hurricane and storm damage reduction, ecosystem restoration, or navigation project recommendations that will help to rehabilitate and improve the resiliency of damaged infrastructure and natural resources to reduce risks to human life and property from future natural disasters. </p> <p>(Sec. 3026) Directs the Secretary to make specific project recommendations to Congress regarding flood and storm damage reduction resulting from the study for flood and storm damage reduction required by the Disaster Relief Appropriations Act of 2013.</p> <p>(Sec. 3027) Requires the Secretary to establish procedures for providing the public and governmental entities that will be affected by a flood with timely information regarding expected water levels, advice regarding appropriate preparedness actions, technical assistance, and other appropriate information. </p> <p>(Sec. 3028) Amends the WRDA of 2007 to exempt safety assurance reviews conducted under such Act from the requirements of the Federal Advisory Committee Act.</p> <p>(Sec. 3029) Authorizes the Secretary to repair flood control projects to the design level of protection (rather than to pre-storm conditions). </p> <p>Directs the Secretary to review emergency response authorities, including historical precedents and implementation of provisions authorizing an emergency fund for responding to natural disasters, and to report biennially to the congressional public works committees on amounts expended in the previous five fiscal years on Corps flood control projects.</p> <p><strong>Title IV: River Basins And Coastal Areas </strong>- (Sec. 4001) Amends the WRDA of 2007 to direct the Secretary to allocate funds to the Susquehanna River Basin Commission, the Delaware River Basin Commission, and the Interstate Commission on the Potomac River Basin to fulfill the equitable funding requirements of their respective interstate compacts.</p> <p>(Sec. 4002) Directs the Secretary of the Army, in consultation with specified federal officials, to improve forecasting on the Mississippi River by: (1) updating forecasting technology deployed on the Mississippi River and its tributaries, (2) constructing additional sedimentation ranges on the River, and (3) deploying additional automatic identification system base stations at river gage sites. Requires the Secretary to report to Congress on activities to improve forecasting and make such report publicly available.</p> <p>Authorizes the Secretary to study improvements to navigation and aquatic ecosystem restoration in the middle Mississippi River.</p> <p>Directs the Secretary to carry out, and report on, a study of the greater Mississippi Basin to: (1) improve management of water resource projects in the Basin relating to severe flooding and drought conditions, and (2) identify and evaluate modifications to those water resource projects and the development of new water resource projects to improve the reliability of navigation and more effectively reduce flood risk. </p> <p>Authorizes the Secretary to carry out activities outside the authorized federal navigation channel along the Mississippi River, including the construction and operation of maintenance of fleeting areas that are necessary for safe and reliable navigation in the federal channel and that have been identified in a report identifying areas that are unsafe and unreliable for commercial navigation during extreme low water events.</p> <p>(Sec. 4003) Directs the Secretary, in coordination with specified federal agencies, to establish a program to: (1) monitor soil moisture and the snowpack in the Upper Missouri River Basin to reduce flood risk and improve river and water resource management, (2) restore and maintain existing mid- and high-elevation snowpack monitoring sites operated under the SNOTEL program of the Natural Resources Conservation Service (NRCS), and (3) operate streamflow gages and related interpretive studies in such Basin under the cooperative water program and the national streamflow information program of the United States Geological Service (USGS). Authorizes the Secretary to enter into cooperative agreements with other federal agencies to carry out such program. </p> <p>Directs the Comptroller General to report to the congressional public works committees on progress in implementing recommendations for enhancing soil moisture and snowpack monitoring in the Upper Missouri Basin. </p> <p>Directs the Secretary to: (1) conduct a feasibility study for projects to address shoreline erosion in the Upper Missouri River Basin (including the states of South Dakota, North Dakota, and Montana) resulting from the operation of a reservoir constructed under the Pick-Sloan Missouri River Basin Program; and (2) include in the presidential budget request a report describing activities for mitigation of fish and wildlife losses. </p> <p>(Sec. 4004) Directs the Secretary to establish an advisory committee for the McClellan-Kerr Arkansas River navigation system, Arkansas and Oklahoma.</p> <p>(Sec. 4005) Increases the authorization of appropriations for ecosystem restoration program for the Lower Columbia River and Tillamook Bay estuaries, Oregon and Washington. </p> <p>(Sec. 4006) Extends through FY2019 the authorization of appropriations for flood damage reduction and ecosystem restoration for the Rio Grande River Basin. </p> <p>(Sec. 4007) Directs the Secretary to conduct a feasibility study for carrying out projects for aquatic ecosystem restoration and flood risk reduction that will mitigate the impacts of extreme weather events, including floods and droughts, on communities, water users, and fish and wildlife located in and along the headwaters of the Columbia, Missouri, and Yellowstone Rivers in Idaho and Montana. </p> <p>(Sec. 4008) Amends the WRDA of 1999 to provide design and construction assistance for water-related environmental infrastructure and resource protection and developments in Idaho, Montana, rural Nevada, New Mexico, rural Utah, and Wyoming. Increases the authorization of appropriations for such assistance.</p> <p>(Sec. 4009) Directs the Secretary to conduct a feasibility study for carrying out projects to restore aquatic ecosystems within the coastal waters from Virginia to Maine, including associated bays, estuaries, and critical riverine areas.</p> <p>(Sec. 4010) Directs the Secretary to: (1) develop a comprehensive Chesapeake Bay restoration plan to guide restoration projects in the Chesapeake Bay; and (2) establish at least one project in regions within the Chesapeake Bay watershed of each of the basin states of Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia, and the District of Columbia.</p> <p>Increases funding for Chesapeake Bay oyster restoration activities.</p> <p>(Sec. 4011) Directs the Secretary to review Louisiana's Comprehensive Master Plan for a Sustainable Coast for the purposes of coastal protection and restoration and to identify and conduct feasibility studies for up to 10 projects included in such Master Plan.</p> <p>Amends the WRDA of 2007 to include as a purpose of the coastal Louisiana ecosystem science and technology program the examination of a system-wide approach to coastal sustainability.</p> <p>(Sec. 4012) Authorizes the Secretary to reassign unused irrigation storage within the Red River Basin to storage for municipal and industrial water supply for use by a state or local interest that entered into an agreement for water supply storage at that reservoir prior to the enactment of this Act.</p> <p>(Sec. 4014) Directs the Secretary to conduct feasibility studies for carrying out Corps projects in coastal zones to enhance ocean and coastal ecosystem resiliency.</p> <p><strong>Title V: Water Infrastructure Financing</strong> - <strong>Subtitle A: State Water Pollution Control Revolving Funds</strong> - (Sec. 5001) Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act [CWA]) to grant the EPA Administrator general authority to make capitalization grants to states to establish a water pollution control revolving fund to accomplish the objectives, goals, and policies of such Act.</p> <p>(Sec. 5002) Imposes additional requirements on states participating in the CWA State Revolving Fund (SRF) Program, including that: (1) states will establish, maintain, invest, and credit the Fund so that it will be available in perpetuity for CWA activities; (2) any fees charged by the state to recipients of assistance that are considered program income will be used to finance the cost of administering the Fund; (3) beginning in FY2016, states will require that a grant or loan recipient has evaluated the cost effectiveness of a project and has selected an activity that maximizes the potential for efficient water use, reuse, recapture, and conservation; and (4) a recipient has used required criteria for negotiating a contract using funds made available by a capitalization grant. </p> <p>(Sec. 5003) Amends the CWA, with respect to the SRF Program, to: (1) expand the projects and activities that may be funded under such Program; (2) permit states to provide additional subsidization, including forgiveness of principal and negative interest loans, to benefit municipalities that meet specified affordability criteria; and (3) require states, not later than September 30, 2015, to establish affordability criteria to assist in identifying municipalities that would experience a significant hardship in raising revenue to finance a CWA project or activity.</p> <p>(Sec. 5004) Prohibits funds made available from a state water pollution control revolving fund from being used for the construction, alteration, maintenance, or repair of a treatment works unless all of the iron and steel used in the project are produced in the United States. Exempts from such prohibition cases in which the Secretary finds that: (1) applying such prohibition would be inconsistent with the public interest, (2) such goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality, or (3) including such goods will increase the cost of the overall project by more than 25%.</p> <p>(Sec. 5005) Directs the EPA Administrator to: (1) conduct a review of the current allocation formula under CWA to determine whether such formula adequately addresses the water quality needs of eligible states, territories, and Indian tribes; and (2) report on such review to the congressional public works committees.</p> <p>(Sec. 5006) Makes this subtitle effective on October 1, 2014. </p> <p><strong>Subtitle B: General Provisions</strong> - (Sec. 5011) Expands the Watershed Pilot Projects Program to provide for watershed partnerships to address non-point sources of pollution, the development of an integrated water resource plan, the development of a municipality-wide plan that identifies the most effective placement of stormwater technologies and management approaches, and efforts to assess future risks and vulnerabilities of publicly-owned treatment works. </p> <p>(Sec. 5012) Modifies the definition of &quot;treatment works&quot; under the CWA to provide that the construction of a project includes acquisition of land necessary for construction.</p> <p>(Sec. 5013) Directs the EPA Administrator, for FY2015 and each fiscal year thereafter, to reserve not less than 0.5% and not more than 2% of available funds for revolving fund loans to Indian tribes under the CWA.</p> <p>(Sec. 5014) Directs the Secretary to establish a pilot program to evaluate the cost effectiveness of allowing non-federal applicants to carry out authorized water resources development projects for coastal harbor improvement, channel improvement, inland navigation, flood damage reduction, aquatic ecosystem restoration, and hurricane and storm damage reduction. </p> <p><strong>Subtitle C: Innovative Financing Pilot Projects</strong> - Water Infrastructure Finance and Innovation Act of 2014 - (Sec. 5023) Authorizes the Secretary of the Army and the EPA Administrator to provide financial assistance to carry out pilot projects to develop critical water resources infrastructure, including: </p> <ul> <li>a project for flood control or hurricane and storm damage reduction, environmental restoration, coastal or inland harbor navigation improvement, or inland and intracoastal waterways navigation improvement that the Secretary determines is technically sound, economically justified, and environmentally acceptable; </li> <li>activities that are eligible for assistance under water pollution control revolving loan funds or drinking water state revolving loan funds; </li> <li>projects for enhanced energy efficiency in the operation of a public water system or a publicly-owned treatment works; </li> <li>projects for repair, rehabilitation, or replacement of a treatment works, community water system, or aging water distribution or waste collection facility; </li> <li>a brackish or sea water desalination project, managed aquifer recharge project, or water recycling project; and </li> <li>acquisition of property that is integral to such water resources infrastructure projects or pursuant to an existing plan that would mitigate the environmental impacts of water resources infrastructure projects otherwise eligible for assistance under this title. </li></ul> <p>(Sec. 5027) Specifies activities that are eligible for assistance, including the cost of::</p> <ul> <li>development-phase activities; </li> <li>construction, reconstruction, rehabilitation, and replacement activities; </li> <li>the acquisition of property, environmental mitigation, construction contingencies, and acquisition of equipment; and </li> <li>capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction.</li></ul> <p>(Sec. 5028) Sets forth eligibility requirements for receiving financial assistance under this subtitle. Directs the Secretary or the EPA Administrator to establish criteria for the selection of projects that meet such requirements.</p> <p>(Sec. 5029) Authorizes the Secretary or the Administrator to enter into agreements to make secured loans to finance eligible project costs. Limits the amount of such a loan to the lesser of: (1) 49% of the reasonably anticipated eligible project costs, and (2) the amount of the senior obligations of the project if the loan does not receive an investment-grade rating. </p> <p>Authorizes the Secretary or Administrator to establish fees to cover the costs of making such loans. Limits the total amount of federal assistance for such projects to 80% of the total project costs. Exempts from such limitation any rural water project that is authorized to be carried out by the Secretary of the Interior and that has an Indian tribe as a beneficiary.</p> <p>Authorizes the Secretary or the Administrator to provide a loan guarantee in lieu of making a secured loan if the Secretary or Administrator determines that the budgetary cost of such guarantee is substantially the same as that of a secured loan.</p> <p>(Sec. 5030) Requires the Secretary or the Administrator to establish a uniform system to service the federal credit instruments made available under this title. Authorizes the Secretary or the Administrator to: (1) collect and spend fees, contingent on authority being provided in appropriations acts, at a level that is sufficient to cover the costs of services of experts in the field of municipal and project finance and the costs of servicing such instruments; and (2) appoint a financial entity to assist in servicing such instruments.</p> <p>(Sec. 5031) Provides that the provision of financial assistance for a project under this subtitle shall not: (1) relieve any assistance recipient of any obligation to obtain any required state, local, or tribal permit or approval with respect to the project; (2) limit the right of any state, local, or tribal government to approve or regulate any rate of return on private equity invested in the project; or (3) otherwise supersede any state, local, or tribal law applicable to the construction or operation of the project. </p> <p>(Sec. 5033) Authorizes appropriations for FY2015-FY2019 to carry out this subtitle. Requires the Secretary or the Administrator, as applicable, to set aside at least 15% of amounts made available for small community water infrastructure projects. </p> <p>(Sec. 5034) Requires the Secretary or the Administrator to publish on a publicly assessable website: (1) each application received for assistance under this subtitle, and (2) a list of the projects selected for assistance. </p> <p>Requires the Comptroller General, not later than four years after the enactment of this Act, to submit to the congressional public works committees a report summarizing information relating to the projects that are receiving or that have received assistance under this subtitle, with recommendations.</p> <p>(Sec. 5035) Prohibits amounts made available under this subtitle from being used for the construction, alteration, maintenance, or repair of a project eligible for assistance under this title unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. Exempts from such prohibition cases in which the Secretary finds that: (1) applying such prohibition would be inconsistent with the public interest, (2) such goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality, or (3) including such goods will increase the cost of the overall project by more than 25%.</p> <p><strong>Title VI: Deauthorization And Backlog Prevention</strong> - (Sec. 6001) States as the purposes of this title: (1) the identification of $18 billion in water resources development projects that are no longer viable for construction due to a lack of local support, a lack of available federal or non-federal resources, or an authorizing purpose that is no longer relevant or feasible; (2) the creation of an expedited and definitive process to deauthorize water resources development projects that are no longer viable for construction; and (3) the continued authorization of such projects that are viable for construction. </p> <p>Amends the WRDA of 1986 to require the Secretary of the Army to: (1) submit to the congressional public works committees, and make publicly available, a list of projects authorized for construction for which funding has been obligated and the amount of such funding; (2) compile and publish a list of all Corps projects that are authorized for construction but that have not been completed; (3) develop an interim deauthorization list that identifies each water resources development project authorized for construction before November 8, 2007, for which construction was not initiated before the enactment of this Act or was not funded; and (4) develop a final deauthorization list that includes a list of projects that have an aggregate estimated cost to complete that is at least $18 billion.</p> <p>(Sec. 6002) Directs the Secretary to: (1) conduct an assessment of all properties under the control of the Corps, (2) develop an inventory of the properties that are not needed for the missions of the Corps, and (3) provide such inventory to the Administrator of the General Services Administration (GSA) and the congressional public works committees.</p> <p>(Sec. 6003) Deauthorizes any water resources development project authorized for construction by this Act for which funds have not been obligated within seven years after enactment of this Act. Requires the Secretary to submit to the congressional public works committees a report identifying such projects. </p> <p>Requires the Secretary to report to the congressional public works committee: (1) a list of any water resources development projects authorized by this Act that have not been completed within 12 years after enactment of this Act, (2) a description of the reasons the projects were not completed, (3) a schedule for the completion of the projects, and (4) a 5-year and 10-year projection of construction backlog with recommendations on mitigating the backlog.</p> <p>(Sec. 6004) Deauthorizes projects for: (1) flood protection on Walnut Creek, California; (2) navigation, Eightmile River, Connecticut; (3) navigation, Hillsborough Bay and River, Florida; (4) shoreline protection for the Kahului Wastewater Reclamation Facility, Maui, Hawaii; (5) navigation, Illinois Waterway and Grand Calumet River, Illinois; (6) Port of Iberia, Louisiana; (7) navigation, Rockland Harbor and Thomaston Harbor, Maine; (8) improvements on the Corsica River and navigation projects, Maryland; (9) navigation, Gloucester Harbor and Annisquam River, Massachusetts; (10) improvements in levees in Clatsop County, Oregon; (11) flood protection on the East Fork of the Trinity River, Texas; (12) navigation, Burnham Canal, Wisconsin; (13) navigation, Manitowoc Harbor, Wisconsin; (14) navigation, Seward Harbor, Alaska; and (15) flowage easement at Port of Hood River, Oregon. </p> <p>(Sec. 6005) Provides for conveyances of federal land to the city of Oakland, California; St. Charles County, Missouri; the Tulsa Port of Catoosa, Oklahoma; the city of Warrenton, Oregon; the Commonwealth of Virginia; and the city of Asotin, Washington.</p> <p><strong>Title VII: Water Resources Infrastructure</strong> - (Sec. 7001) Directs the Secretary of the Army to: (1) develop and submit to the congressional public works committees, not later than February 1 of each year, a report entitled &quot;Report to Congress on Future Water Resources Development&quot;; (2) publish in the Federal Register, not later than May 1 of each year, and make publicly available a notice requesting proposals from non-federal interests for proposed feasibility studies and proposed modifications to authorized water resources development projects and feasibility studies to be included in the annual report; and (3) include in the annual report only those feasibility reports, proposed feasibility studies, and proposed modifications to authorized water resources development projects and feasibility studies that are related to the missions and authorities of the Corps, that require specific congressional authorization, that have not been congressionally authorized, that have not been included in any previous annual report, and that, if authorized, could be carried out by the Corps.</p> (Sec. 7002) Authorizes the Secretary to carry out final feasibility studies with respect to: (1) navigation in Louisiana, Florida, Georgia, Massachusetts, and Texas; (2) flood risk management in California, Kansas, Kentucky, Iowa, Minnesota, Missouri, Nevada, and North Dakota; (3) hurricane and storm damage risk reduction in California, Florida, Louisiana, and North Carolina; (4) hurricane and storm damage risk reduction and environmental restoration in Mississippi; and (5) environmental restoration in Florida, Louisiana, Maryland, Minnesota, North Carolina, Oregon, and Virginia. <p>(Sec. 7003) Authorizes the Secretary to carry out water resources development and conservation projects in Iowa, Illinois, Maryland, Minnesota, Missouri, Nebraska, and Texas that have been recommended by the Secretary.</p> <p>(Sec. 7004) Provides for expedited consideration by Congress, until December 31, 2018, of authorizations of water resources development or conservation projects.</p>

action_date: 2014-06-10
action_desc: Public Law
text: <p><b>(This measure has not been amended since the Conference Report was filed in the House on May 15, 2014. The summary of that version is repeated here.)</b></p> <p>Water Resources Reform and Development Act of 2014 - <strong>Title I: Program Reforms And Streamlining </strong>- (Sec. 1001) Revises requirements for feasibility studies initiated under the Water Resources Development Act of 1986 (WRDA of 1986) to: (1) require a final report on a study not later than three years after its initiation; (2) limit the maximum federal cost of any such study to $3 million; and (3) require personnel of the Army Corps of Engineers (Corps) to conduct concurrent reviews of feasibility studies (currently, sequential reviews are permitted). </p> <p>Requires the Secretary of the Army, not later than 30 days after making a determination that a feasibility study will not be conducted in accordance with such limitations, to: (1) prepare an updated feasibility study schedule and cost estimate, (2) notify the non-federal feasibility cost-sharing partner that the study has been delayed, and (3) provide written notice to the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works (congressional public works committees) explaining the reasons for noncompliance. </p> <p>Terminates the authority for any feasibility study that is not completed within one year after the Secretary makes a determination of noncompliance, except that the Secretary may extend the timeline of a feasibility study for up to 3 years if the Secretary determines that the study is too complex to comply with the time and cost limitations imposed by this Act. Prohibits the Secretary from extending the timeline for a feasibility study for more than 7 years.</p> <p>Requires the Secretary, not later than 90 days after the initiation of a feasibility study, to initiate federally-mandated reviews, including environmental reviews.</p> <p>Requires the Secretary, not later than four years after the enactment of this Act, to report on: (1) the status of implementation of these limitations on feasibility studies, (2) the amount of time taken to complete each study, and (3) any recommendations for additional authority to support efforts to expedite the feasibility study process.</p> <p>(Sec. 1002) Repeals the requirement under the WRDA of 1986 that the Corps conduct a reconnaissance study prior to initiating a feasibility study. </p> <p>Requires a feasibility report for a water resources project to include a preliminary analysis of the federal interest and costs, benefits, and environmental impacts of such a project. </p> <p>Requires the Secretary to: (1) determine a set of milestones for completion of a feasibility study, including major actions, report submissions and responses, reviews, and comment periods; and (2) submit to the congressional public works committees and make publicly available an annual report that includes all detailed project schedules established by district engineers and an explanation of any missed deadlines. </p> <p>(Sec. 1003) Directs the Secretary to: (1) expedite the completion of any ongoing feasibility study for a water resources project initiated before the enactment of this Act; and (2) proceed directly to preconstruction planning, engineering, and design of the project in accordance with the WRDA of 1986 if the Secretary determines that the project is justified.<br /> <br /> (Sec. 1004) Repeals the requirement for a review of the cost effectiveness of the design of a water resources project that has a total cost in excess of $10 million. </p> <p>(Sec. 1005) Amends the WRDA of 2007 to revise and establish new requirements for the environmental review process for water resources projects (i.e., the process of preparing an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 [NEPA]), by: (1) designating the Corps as the federal lead agency in the environmental review process; (2) requiring the Secretary to issue guidance on programmatic approaches for carrying out the review process that eliminates duplicative efforts and promotes collaboration with participating agencies; (3) establishing a plan for coordinating public and agency participation in, and comment on, the environmental review process; (4) establishing deadlines for comment during the environmental review process; (5) identifying and resolving issues that could delay completion of the process or result in the denial of any approval required for a project; and (6) expanding financial penalties for failures of participating agencies to complete any required approval or decision for the environmental review process.</p> <p>Requires the Secretary to survey the use by the Corps of categorical exclusions (i.e., a category of actions that do not have a significant effect on the human environment and do not require an environmental assessment or impact statement) in water resources projects and publish a review of such survey.</p> <p>Requires the Comptroller General (GAO) to assess and report on the revised requirements for the environmental review process.</p> <p>(Sec. 1006) Amends the WRDA of 2000 to provide permanent authority for the program for funding by non-federal public interests to expedite the processing of permits issued by the Corps. Allows public utility companies and natural gas companies to participate in such program for up to seven years. Requires the Secretary to ensure that the use of such authority does not delay the permit processing time of permit applicants who do not participate in the program and that all final permit decisions are made available to the public in an appropriate format.</p> <p>(Sec. 1007) Requires the Secretary to establish a process for the review of section 14 applications in a timely and consistent manner. Defines "section 14 application" as an application submitted to the Secretary requesting permission for the temporary occupation or use of a public work or the alteration or permanent occupation or use of a public work. Requires the Secretary to establish benchmark goals for review of such applications, including a 45-day benchmark for approving or disapproving a completed application and a 180-day benchmark if a completed application requires more time to review due to the type, size, cost, complexity, or impacts proposed in the application. </p> <p>(Sec. 1008) Declares that it is the policy of the United States that: (1) the development of non-federal hydroelectric power at Corps civil works projects, including locks and dams, shall be given priority; (2) approval of non-federal hydroelectric power shall be completed by the Corps in a timely and consistent manner; and (3) approval of hydropower at civil works projects shall not diminish other priorities and missions of the Corps.</p> <p>Requires the Secretary to report to the congressional public works committees on: (1) activities for the development of hydroelectric power by a non-federal interest (defined generally by the WRDA of 2007 to include a state, local government, federally-recognized Indian tribe, and nonprofit entity); and (2) actions taken by the Secretary regarding the use of electronic commerce in federal procurement.</p> <p>(Sec. 1010) Directs the Secretary to notify the applicable non-federal interest when construction of a water resources project is completed. Allow a non-federal interest to appeal the completion determination of the Secretary.</p> <p>(Sec. 1011) Sets forth criteria for prioritizing authorized projects and ongoing feasibility studies with a primary purpose of hurricane and storm damage risk reduction and authorized projects with a primary purpose of ecosystem restoration. </p> <p>(Sec. 1012) Requires the Secretary to: (1) provide a non-federal interest a detailed accounting of the federal expenses associated with a water resources project, and (2) contract with the National Academy of Public Administration to carry out a study on the efficiency of the Corps. </p> <p>(Sec. 1013) Requires the Secretary to contract with the National Academy of Public Administration to carry out a comprehensive review of the process for preparing, negotiating, and approving Project Partnership Agreements and the Project Partnership Agreement template, which shall include: (1) an evaluation of the process for preparing, negotiating, and approving such Agreements; and (2) recommendations to improve the template and the process for preparing, negotiating, and approving such Agreements. Requires the Secretary to report the findings of the National Academy to the congressional public works committees. </p> <p>(Sec. 1014) Amends the WRDA of 1986 to permit a non-federal interest to study, design, and construct water resources projects using its own funding and to seek credit or reimbursement for any funds expended that are in excess of the non-federal cost share of the project. </p> <p>(Sec. 1015) Authorizes the Secretary to receive and expend funds from non-federal interests or private entities to operate a hurricane barrier project, after giving written notice to the congressional public works committees.</p> <p>(Sec. 1016) Allows the Secretary to assume responsibility for operation and maintenance for improvements to a federally authorized harbor or inland harbor that are carried out by a non-federal interest prior to December 31, 2014, provided that certain engineering and construction requirements under the WRDA of 1986 are met. </p> <p>(Sec. 1017) Requires the Secretary to: (1) establish a five-year pilot program for the acceptance and expenditure of funds by non-federal interests to increase the hours of operation of locks at water resources development projects, and (2) publish notification in the Federal Register of any proposed modification to the operation of a lock and accept public comment on such modification. Requires reporting on, and annual review of, such pilot program and the commercial use of locks.</p> <p>(Sec. 1018) Amends the Flood Control Act of 1970 to authorize the Secretary of the Army to: (1) provide in-kind credit for work done by a non-federal sponsor prior to the execution of a project partnership agreement, and (2) enter into a written agreement with the non-federal sponsor to credit in-kind contributions against the non-federal share of the cost of a project. </p> <p>Directs the Secretary to reimburse the non-federal interest for costs that exceed the non-federal cost-share requirements if the excess costs are incurred for work carried out pursuant to a written agreement and are a result of the requirement that the non-federal sponsor provide all lands, easements, rights-of-way, dredged material disposal areas, and relocations for the authorized project. </p> <p>Requires the Secretary to update any guidance or regulations related to the approval of in-kind credit to establish a milestone for executing an in-kind memorandum of understanding, criteria and procedures for granting exceptions to this milestone, and criteria and procedures for determining that work is integral to a project. </p> <p>(Sec. 1019) Provides that the costs of land, easements, rights-of-way, relocations, and dredged material disposal areas that are in excess of the non-federal cost share for a project may be applied to another study, program, or project.</p> <p>(Sec. 1020) Authorizes the Secretary to apply credit for in-kind contributions by a non-federal interest that are in excess of the required non-federal cost share for a water resources development study or project toward the required non-federal cost share for a different water resources development study or project, subject to specified restrictions. Terminates such authority 10 years after the enactment of this Act. Requires the Secretary to report to the congressional public works committees on the use of such authority.</p> <p>(Sec. 1021) Authorizes a non-federal interest to carry out operation and maintenance responsibilities of an authorized navigation project using its own funds, provided that the non-federal interest follows all applicable laws and regulations. Provides that the credit received for such work may be applied toward construction costs of another element of the same project or another authorized navigation project sponsored by the same non-federal interest, not to exceed 20% of the total costs associated with construction of the general navigation features of the project. </p> <p>(Sec. 1022) Authorizes the Secretary to provide a non-federal interest, at its request, a credit equal to the estimated federal share of the cost of an authorized flood damage reduction project constructed by the non-federal interest under the WRDA of 1996 prior to the enactment of this Act, in lieu of a reimbursement in that amount. </p> <p>(Sec. 1023) Authorizes the Secretary to accept funds from a non-federal interest for any authorized water resources development project that meets or exceeds its cost limit, as long as the federal share does not increase. </p> <p>(Sec. 1024) Authorizes the Secretary to accept material and services provided by a non-federal interest, including public, non-profit, or private entities, to repair, restore, or replace a water resources development project that has been damaged or destroyed during an emergency event. </p> <p>(Sec. 1025) Authorizes the Secretary to carry out water resources development projects on federal lands under the administrative jurisdiction of another federal agency where the acquisition of such lands has been paid for by a non-federal project sponsor. </p> <p>(Sec. 1026) Authorizes the Secretary to accept funds from other federal agencies to address the adverse impact on a federal facility of a modification or construction of a water resources development project carried out by the Secretary.</p> <p>(Sec. 1027) Authorizes the Secretary to implement any response action deemed necessary at a site where: (1) the Secretary has carried out a project under his or her civil authority that includes placing sand on a beach, and (2) military munitions originally released by Department of Defense (DOD) activities and deposited on the beach pose a threat to human health or the environment. Requires DOD to pay for such response action.</p> <p>(Sec. 1028) Authorizes the Secretary to carry out measures to improve fish species habitat within the boundaries and downstream of a water resources project constructed by the Secretary that includes a fish hatchery if the Secretary: (1) has been explicitly authorized to compensate for fish losses associated with the project; and (2) determines that the measures are feasible, consistent with authorized project purposes and the fish hatchery, and in the public interest.</p> <p>(Sec. 1029) Amends the WRDA of 1996 to expand the Secretary's interagency and international support authority to include federal departments or agencies and nongovernmental organizations.</p> <p>(Sec. 1030) Requires the Secretary to publish in the Federal Register and on a publicly available website: (1) the criteria the Secretary uses for prioritizing annual funding for continuing authority program projects, and (2) an annual report on the status of each continuing authority program. </p> <p>Increases authorized amounts for continuing authority programs associated with small river and harbor improvement projects, shore damage prevention or mitigation, regional sediment management, small flood control projects, environmental improvement, aquatic ecosystem restoration and protection, floodplain management services, and emergency streambank and shoreline protection projects.</p> <p>(Sec. 1031) Requires the Secretary to issue guidance on the cost-sharing procedures for the Tribal Partnership Program. Extends such Program through FY2024.</p> <p>(Sec. 1032) Amends the WRDA of 1986 to extend the authority of the Secretary to waive cost sharing requirements, up to $200,000, for water resources studies and projects in Puerto Rico. Requires an inflation adjustment to such amount for the period beginning on November 17, 1986, and ending on the enactment date of this Act. </p> <p>(Sec. 1033) Requires the Secretary to encourage and incorporate corrosion prevention activities at water resources development projects.</p> <p>(Sec. 1034) Requires the Secretary to encourage and incorporate advanced modeling technologies that can expedite project delivery or improve the evaluation of water resources development projects that receive federal funding.</p> <p>(Sec. 1035) Provides that the Secretary may allow the use of a floating cabin on waters under the jurisdiction of the Secretary in the Cumberland River basin if: (1) the floating cabin complies with regulations for recreational vessels, is located at a marina leased by the Corps, and is maintained by the owner to required health and safety standards; and (2) the Secretary has authorized the use of recreational vessels on such waters. Defines "floating cabin" as a vessel used as a means of transportation on water with overnight accommodations. </p> <p>(Sec. 1036) Requires the Secretary, if requested by a non-federal interest, to construct a locally-preferred plan that provides a higher level of protection than a flood risk management project if the Secretary determines that the plan is technically feasible and environmentally acceptable and that the benefits exceed the costs of the plan. </p> <p>(Sec. 1037) Amends the WRDA of 1976 to direct the Secretary, at the request of the non-federal interest, to determine the feasibility of extending the period of beach nourishment for hurricane and storm damage reduction projects for a maximum 15-year period beyond the current 50-year maximum period. Allows a 3-year extension for projects that will expire within 5 years of the enactment of this Act. Authorizes the Secretary to review all authorized water resources development projects for which the Secretary to authorized to provide periodic nourishment under the WRDA of 1976.</p> <p>(Sec. 1038) Amends the WRDA of 1992 to require the Secretary to consider the beneficial use of dredged material for purposes of regional sediment management and reducing or avoiding federal costs.</p> <p>(Sec. 1039) Directs the Secretary, in consultation with the Director of the U.S. Fish and Wildlife Service, the Tennessee Valley Authority (TVA), and other federal officials, to: (1) carry out a review of the federal response to invasive species, including aquatic weeds, aquatic snails, and other aquatic invasive species that have an impact on water resources; and (2) make recommendations to Congress and state agencies for improving federal and state laws to more effectively respond to threats posed by invasive species.</p> <p>Directs the Comptroller General to conduct an assessment of the federal costs of, and spending on, aquatic invasive species.</p> <p> Requires the Director of the U.S. Fish and Wildlife Service to lead, and report on, a multiagency effort to slow the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries by providing technical assistance, coordination, best practices, and support to state and local governments in carrying out efforts to slow, and eventually eliminate, the threat posed by Asian carp. </p> <p>Authorizes the Secretary to: (1) implement measures to prevent aquatic nuisance species from dispersing into the Great Lakes by way of any hydrologic connection between the Great Lakes and the Mississippi River Basin, and (2) establish watercraft inspection stations in the Columbia River Basin to prevent the spread of aquatic invasive species. </p> <p>(Sec. 1040) Amends the the WRDA of 1986, with respect to fish and wildlife mitigation, to: (1) modify mitigation requirements to conform to policy guidance issued by the Corps relating to ecological resources, and (2) require that a determination of whether a proposed project will have negligible adverse impacts on fish and wildlife be made without consideration of proposed mitigation.</p> <p>(Sec. 1041) Requires the Secretary in reporting on the status of projects included in the mitigation status report to: (1) use a uniform methodology for determining the status of all projects included in the report, (2) use a methodology that describes both a qualitative and quantitative status for all projects in the report, and (3) provide specific dates for participation in the consultations required by the WRDA of 1986. </p> <p>(Sec. 1042) Requires the Secretary to complete and submit to Congress reports required by this Act by their due dates. Imposes a penalty upon the General Expenses Account of the civil works program of the Corps for any report which is not submitted within 180 days of its due date. Allows a waiver of such penalty if: (1) the Secretary certifies that a major modification has been made to the report that requires additional analysis, (2) amounts have not been appropriated to carry out the report, or (3) additional information is required from an entity other than the Corps and is not available in time to complete the report by its deadline. </p> <p>(Sec. 1043) Authorizes the Secretary to 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 and the construction of projects for flood risk management, hurricane and storm damage reduction, ecosystem restoration, and coastal harbor and channel and inland harbor navigation. Sets forth funding and reporting requirements for such pilot program. Terminates such program five years after the enactment of this Act. Authorizes appropriations for FY2015-FY2019.</p> <p>(Sec. 1044) Amends the WRDA of 2007 to: (1) increase (from $45 million to $200 million of estimated water resources project cost) the threshold at which independent peer review of feasibility studies are required, and (2) extend such peer review requirement for a 12-year period ending in 2019.</p> <p>(Sec. 1045) Requires the Secretary, in coordination with the Federal Energy Regulatory Commission (FERC), to initiate an assessment of the effects of drought conditions on lakes managed by the Secretary that are affected by FERC-licensed reservoirs, including 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 license has on the management of such lakes for hydropower generation, navigation, flood protection, water supply, fish and wildlife, and recreation. Requires the Secretary to report to Congress on such assessment and make such report publicly available. </p> <p>(Sec. 1046) Directs the Secretary to: (1) conduct an assessment to determine the effects of the management practices, priorities, and authorized purposes at Corps reservoirs in arid regions on water supply during periods of drought and report to the congressional public works committees on such assessment; (2) update reports on the operating purposes of Corps reservoirs and develop a plan for reviewing and updating the operations of reservoirs; and (3) notify the applicable non-federal interest before each fiscal year of the anticipated operation and maintenance activities of a reservoir managed by the Secretary and for each of the subsequent four fiscal years for which the non-federal interests are required to contribute amounts. </p> <p>Authorizes the Secretary, until January 1, 2016, to accept from a state or local interest a plan for the utilization of allocated water storage for future use under this Act, including a 10-year timetable for the conversion of future use storage to present use. Prohibits the Secretary from charging a fee for surplus water storage over the next 10 years on Corps reservoir projects in the Upper Missouri River Basin.</p> <p>Requires the Comptroller General to conduct, and report on, an audit to determine whether reviews of project operations carried out by the Secretary prior to the enactment of this Act and plans developed by the Secretary are compliant with applicable laws and regulations.</p> <p>(Sec. 1047) Authorizes the Secretary to: (1) issue special permits for uses such as group activities, recreation events, motorized recreation vehicles, and other recreation uses deemed appropriate and to collect fees for such permits or accept in-kind services in lieu of fees; and (2) enter into an agreement with a state or local government to provide for cooperative management of a public recreation area located at a lake or reservoir operated by the Corps and adjacent to or near a state or local park or recreation area.</p> <p>(Sec. 1048) Authorizes the Secretary to 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 (BLM), the U.S. 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.</p> <p>(Sec. 1049) Increases the oil storage capacity threshold under the Spill Prevention, Control, and Countermeasure (SPCC) Rule for farms requiring a certification from a professional engineer and farms that self-certify their SPCC plans. Exempts from SPCC regulation farms with a specified aggregate above-ground storage capacity and no reportable discharge history.</p> <p>Requires the Administrator of the Environmental Protection Agency (EPA) to conduct a study to determine the appropriate exemption levels for farms, based on a significant risk of discharge to water.</p> <p>(Sec. 1050) Expresses the sense of Congress that the lock and dam located at mile 357.5 on the Tennessee-Tombigbee Waterway should be known and designated as the &quot;Donald G. Waldon Lock and Dam.&quot;</p> <p>Redesignates: (1) the Lower Mississippi River Museum and Riverfront Interpretive Site as the &quot;Jesse Brent Lower Mississippi River Museum and Riverfront Interpretive Site&quot;; and (2) the Kaskaskia Lock and Dam located in Modoc, Illinois, as the &quot;Jerry F. Costello Lock and Dam.&quot;</p> <p>(Sec. 1051) Expresses the sense of Congress that: (1) Congress and the Secretary should urge states to reach agreements on interstate water agreements and compacts; (2) at the request of a governor of a state, the Secretary should facilitate and assist in the development of an interstate water agreement or compact; (3) Congress should provide prompt consideration of interstate agreements and compacts; and (4) the Secretary should adopt policies and implement procedures for the operation of reservoirs that are consistent with interstate agreements and compacts. </p> <p>(Sec. 1052) Expresses the sense of Congress that Congress should consider a water resources development bill not less than once every Congress.</p> <p><strong>Title II: Navigation</strong> - <strong>Subtitle A: Inland Waterways</strong> - (Sec. 2002) Sets forth requirements for qualifying projects (i.e., any construction or major rehabilitation project for navigation infrastructure of the inland and intracoastal waterway that is authorized before, on, or after the enactment of this Act, is not completed as of the enactment of this Act, and is funded at least in part from the Inland Waterways Trust Fund), including training and certification requirements for project managers and requirements for the use of a risk-based cost estimation and best management practices. </p> <p>Amends the WRDA of 1986 to expand the duties of the Inland Waterway Users Board to include providing advice and recommendations on the construction and rehabilitation priorities and spending levels for U.S. inland waterways and inland harbors. Requires the Secretary to submit to Congress a 20-year plan for making capital investments on the inland and intracoastal waterways. </p> <p>(Sec. 2003) Requires the Comptroller General to report on the efficiency of collecting the fuel tax for the Inland Waterways Trust Fund, including an evaluation of: (1) whether current methods of collection of the tax result in full compliance with legal requirements, (2) whether alternative collection methods would result in increased revenues to the Inland Waterways Trust Fund, and (3) alternative collection options.</p> <p>(Sec. 2004) Directs the Secretary of the Army, in consultation with federal agency heads and other interested parties, including representatives of the Inland Waterways Users Board, to conduct a study of, and report on: (1) the potential benefits and implications of authorizing the issuance of tax-exempt bonds in the Inland Waterways Trust Fund, and (2) potential revenue sources from which funds could be collected to generate additional revenues for the Fund.</p> <p>(Sec. 2005) Directs the Secretary to conduct, and report on, an inland waterways stakeholder roundtable to provide for a review and evaluation of issues related to financial management of the inland and intracoastal waterways. </p> <p>(Sec. 2006) Requires 15% of the cost of construction for the Olmsted Project (i.e., the project for navigation, Lower Ohio River, Locks and Dams 52 and 53, Illinois and Kentucky authorized by the WRDA 1988) for each fiscal year beginning after FY2014 to be paid from amounts appropriated from the Inland Waterways Trust Fund. </p> <p>Expresses the sense of Congress that the appropriation for the Olmsted Project should not be less than $150 million for each fiscal year until construction is completed. </p> <p>Amends the WRDA of 1992 to increase from $8 million to $20 million the amount of capital outlays required for projects of rehabilitation of inland waterways.</p> <p>(Sec. 2007) Requires the Secretary and the Comptroller General to report to Congress on matters relating to the Olmsted Project. </p> <p>(Sec. 2008) Directs the Secretary to assess and report on the operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway.</p> <p>(Sec. 2009) Directs the Secretary, not later than one year after the enactment of this Act and biennially thereafter, to conduct a study to determine the feasibility of: (1) carrying out projects for the inland and intracoastal waterways for flood damage reduction, emergency streambank and shoreline protection, and prevention and mitigation of shore damages attributable to navigation improvements; and (2) modifying inland and intracoastal waterways projects to improve environmental quality.</p> <p>(Sec. 2010) Requires the Secretary to close the Upper St. Anthony Falls Lock and Dam not later than one year after the enactment of this Act.</p> <p>(Sec. 2011) Amends the WRDA of 1986 to authorize the Cherokee Nation of Oklahoma to design and construct one or more hydroelectric generation facilities at the W.D. Mayo Lock and Dam on the Arkansas River in Oklahoma and market the electricity generated. Prohibits the Cherokee Nation from proceeding with the construction of such a facility until it obtains any required state or federal building permit and the Secretary reviews and approves its plans and specifications for the design and construction of such facility. Authorizes the Secretary to provide technical and construction management assistance to the Cherokee Nation.</p> <p>(Sec. 2012) Increases from two to four years the period during which the Secretary is barred from installing permanent barriers or restricting public access in the vicinity of the 10 dams on the Cumberland River in Kentucky and Tennessee.</p> <p>(Sec. 2013) Makes the Secretary responsible for the operation and maintenance, including repair, of any flood gate and pumping station that was constructed as a feature of an authorized hurricane and storm damage reduction project and that crosses an inland or intracoastal waterway. Limits the federal share of costs to 35%.</p> <p><strong>Subtitle B: Port and Harbor Maintenance</strong> - (Sec. 2101) Establishes minimum levels of total target budget resources to be made available to the Secretary from the Harbor Maintenance Trust Fund in FY2015-FY2025.</p> <p>Expresses the sense of Congress that any increase in funding for harbor maintenance programs shall result from an overall increase in appropriations for the civil works programs of the Corps and not from reductions in the appropriations for other programs. </p> <p>(Sec. 2102) Amends the WRDA of 1986 to direct the Secretary to: (1) make expenditures for the operation and maintenance costs of harbors and inland harbors based on an equitable allocation of funds among all such harbors; (2) use priority funds for emerging harbor projects and high and moderate-use harbor projects; (3) manage all of the individually authorized projects in the Great Lakes Navigation System as components of a single, comprehensive system, recognizing the interdependence of the projects; (4) use not less than 10% of priority funds in each of FY2015-FY2024 for expanded uses carried out at an eligible harbor or inland harbor; and (5) assess biennially, and report on, the operation and maintenance needs and uses of harbors and inland harbors.</p> <p>(Sec. 2103) Amends the WRDA of 2007 to require the Secretary to consolidate deep draft navigation expertise within the Corps into a deep draft navigation planning center of expertise and report to the congressional public works committees on the grade levels and expertise of personnel assigned to the center. </p> <p>(Sec. 2104) Amends the WRDA of 2007 to include harbor development projects in Alaska and those crucial to a region with the remote and subsistence harbor projects that do not need to be justified solely by national economic development benefits. Requires remote and subsistence harbor projects that are recommended by the Secretary to be given the same budget consideration and priority as those recommended solely by national economic development benefits.</p> <p>(Sec. 2105) Authorizes the Secretary to provide technical assistance to non-federal public entities, including Indian tribes, for the development, construction, operation, and maintenance of channels, harbors, and related infrastructure associated with deep draft ports for purposes of dealing with Arctic development and security needs. Requires the Secretary to prioritize technical assistance for Arctic deep draft ports identified as important for Arctic development and security.</p> <p>(Sec. 2106) Authorizes the Secretary to provide funding to donor ports and energy transfer ports. Directs the Secretary to report to the congressional public works committees an assessment of the impact of funding of such ports. Authorizes appropriations for FY2015-FY2018.</p> <p>Defines "donor port" as a port: (1) that is subject to the harbor maintenance fee; (2) at which the total amount of harbor maintenance taxes collected comprise not less than $15 million annually of the total funding of the Harbor Maintenance Trust Fund; (3) that received less than 25% of the total amount of harbor maintenance taxes collected in the previous five fiscal years; and (4) that is located in a state in which more than 2 million cargo containers were unloaded from, or loaded onto, vessels in FY2012. </p> <p>Defines "energy transfer port" as a port: (1) that is subject to the harbor maintenance fee, (2) at which energy commodities comprised greater than 25% of all commercial activity by tonnage in FY2012, and (3) through which more than 40 million tons of cargo were transported in FY2012. </p> <p>(Sec. 2107) Requires the Secretary, at the request of a non-federal interest, to review a report developed by the non-federal interest that provides an economic justification for federal investment in the operation and maintenance of a federally-authorized harbor or inland harbor. </p> <p><strong>Title III: Safety Improvements And Addressing Extreme Weather Events </strong>-<strong> Subtitle A: Dam Safety</strong> - (Sec. 3001) Amends the National Dam Safety Program Act to: (1) require the Administrator of the Federal Emergency Management Agency (FEMA) to carry out a nationwide public awareness and outreach initiative to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents; and (2) authorize appropriations for FY2015-FY2019 for the National Dam Safety Program and related activities.</p> <p><strong>Subtitle B: Levee Safety </strong>- (Sec. 3011) Allows a levee system to remain eligible for rehabilitation assistance as long as it continues to make satisfactory progress on an approved system-wide improvement framework or letter of intent. </p> <p>(Sec. 3012) Directs the Secretary of the Army, at the request of a non-federal interest, to consider two or more flood control projects located within the same geographic area as a single program for budgetary or project management purposes if the Secretary determines that doing so is not incompatible with the authorized project purposes.</p> <p>(Sec. 3013) Requires the Secretary to carry out a comprehensive review of national guidelines to determine whether current federal policy relating to levee vegetation is appropriate for all regions of the United States. Specifies factors which the Secretary must consider in carrying out such review. </p> <p>(Sec. 3014) Directs the Secretary to ensure that an activity under the Corps' inspection of completed works program provides adequate information to reach a levee accreditation decision under FEMA's regulation for the mapping of areas protected by levees and for aligning the schedule established for the national flood insurance program (NFIP).</p> <p>Authorizes the Secretary to carry out levee system evaluations of federally authorized levees for NFIP levee accreditation purposes.</p> <p>(Sec. 3015) Amends the WRDA of 1974 to increase: (1) to $30 million the annual authorization of appropriations for federal and state cooperation in planning for the development, utilization, and conservation of state water resources; (2) to $5 million the limit on spending for such program in any one state; and (3) to $15 million for technical assistance to agencies or non-federal interests managing water resources. </p> <p>(Sec. 3016) Amends the WRDA of 2007 to authorize the Secretary, in consultation with the FEMA Administrator, to carry out a national levee safety initiative, including the establishment of voluntary levee safety guidelines and technical assistance to states to create local levee safety programs. </p> <p>Directs the Secretary: (1) to carry out a one-time inventory and review of all levees identified in the national levee database; and (2) in consultation with the FEMA Administrator, to carry out a levee safety initiative and establish a set of voluntary, comprehensive, national levee safety guidelines.</p> <p>(Sec. 3017) Directs the Secretary to carry out measures for the restoration of federally authorized hurricane and storm damage reduction projects that were constructed as of the enactment of this Act. Terminates such authority 10 years after the enactment of this Act. </p> <p><strong>Subtitle C: Additional Safety Improvements and Risk Reduction Measures</strong> - (Sec. 3021) Amends the WRDA of 1988, with respect to the use of innovative technology in carrying out water resources development projects, to modify the definition of &quot;innovative technology&quot; to include roller compacted concrete, geosynthetic materials, and advanced composites.</p> <p>(Sec. 3022) Directs the Secretary to encourage the Corps, in carrying out its activities, to use durable and sustainable materials and resilient construction techniques that: (1) allow a water resources infrastructure project to resist hazards due to a major disaster and to continue to serve its primary function following a major disaster; (2) reduce the magnitude or duration of a disruptive event to a water resources infrastructure project; and (3) have the absorptive capacity, adoptive capacity, and recoverability to withstand a potentially disruptive event. </p> <p>(Sec. 3023) Directs the Secretary, in coordination with the Secretaries of Commerce and the Interior, to enter into an arrangement with the National Academy of Sciences to carry out a study and make recommendations relating to infrastructure and coastal restoration options for reducing risk to human life and property from extreme weather events, such as hurricanes, coastal storms, and inland flooding. Requires the Academy to submit a copy of such study to the congressional public works committees and make a copy of the study available on a publicly-accessible Internet site. </p> <p>(Sec. 3024) Directs the Comptroller General to submit to the congressional public works committees a study of the strategies used by the Corps for the comprehensive management of water resources in response to floods, storms, and droughts, including a historical review of the ability of the Corps to manage and respond to historical drought, storm, and flood events.</p> <p>(Sec. 3025) Authorizes the Secretary, in a federally declared disaster area, to carry out a watershed assessment to identify specific flood risk reduction, hurricane and storm damage reduction, ecosystem restoration, or navigation project recommendations that will help to rehabilitate and improve the resiliency of damaged infrastructure and natural resources to reduce risks to human life and property from future natural disasters. </p> <p>(Sec. 3026) Directs the Secretary to make specific project recommendations to Congress regarding flood and storm damage reduction resulting from the study for flood and storm damage reduction required by the Disaster Relief Appropriations Act of 2013.</p> <p>(Sec. 3027) Requires the Secretary to establish procedures for providing the public and governmental entities that will be affected by a flood with timely information regarding expected water levels, advice regarding appropriate preparedness actions, technical assistance, and other appropriate information. </p> <p>(Sec. 3028) Amends the WRDA of 2007 to exempt safety assurance reviews conducted under such Act from the requirements of the Federal Advisory Committee Act.</p> <p>(Sec. 3029) Authorizes the Secretary to repair flood control projects to the design level of protection (rather than to pre-storm conditions). </p> <p>Directs the Secretary to review emergency response authorities, including historical precedents and implementation of provisions authorizing an emergency fund for responding to natural disasters, and to report biennially to the congressional public works committees on amounts expended in the previous five fiscal years on Corps flood control projects.</p> <p><strong>Title IV: River Basins And Coastal Areas </strong>- (Sec. 4001) Amends the WRDA of 2007 to direct the Secretary to allocate funds to the Susquehanna River Basin Commission, the Delaware River Basin Commission, and the Interstate Commission on the Potomac River Basin to fulfill the equitable funding requirements of their respective interstate compacts.</p> <p>(Sec. 4002) Directs the Secretary of the Army, in consultation with specified federal officials, to improve forecasting on the Mississippi River by: (1) updating forecasting technology deployed on the Mississippi River and its tributaries, (2) constructing additional sedimentation ranges on the River, and (3) deploying additional automatic identification system base stations at river gage sites. Requires the Secretary to report to Congress on activities to improve forecasting and make such report publicly available.</p> <p>Authorizes the Secretary to study improvements to navigation and aquatic ecosystem restoration in the middle Mississippi River.</p> <p>Directs the Secretary to carry out, and report on, a study of the greater Mississippi Basin to: (1) improve management of water resource projects in the Basin relating to severe flooding and drought conditions, and (2) identify and evaluate modifications to those water resource projects and the development of new water resource projects to improve the reliability of navigation and more effectively reduce flood risk. </p> <p>Authorizes the Secretary to carry out activities outside the authorized federal navigation channel along the Mississippi River, including the construction and operation of maintenance of fleeting areas that are necessary for safe and reliable navigation in the federal channel and that have been identified in a report identifying areas that are unsafe and unreliable for commercial navigation during extreme low water events.</p> <p>(Sec. 4003) Directs the Secretary, in coordination with specified federal agencies, to establish a program to: (1) monitor soil moisture and the snowpack in the Upper Missouri River Basin to reduce flood risk and improve river and water resource management, (2) restore and maintain existing mid- and high-elevation snowpack monitoring sites operated under the SNOTEL program of the Natural Resources Conservation Service (NRCS), and (3) operate streamflow gages and related interpretive studies in such Basin under the cooperative water program and the national streamflow information program of the United States Geological Service (USGS). Authorizes the Secretary to enter into cooperative agreements with other federal agencies to carry out such program. </p> <p>Directs the Comptroller General to report to the congressional public works committees on progress in implementing recommendations for enhancing soil moisture and snowpack monitoring in the Upper Missouri Basin. </p> <p>Directs the Secretary to: (1) conduct a feasibility study for projects to address shoreline erosion in the Upper Missouri River Basin (including the states of South Dakota, North Dakota, and Montana) resulting from the operation of a reservoir constructed under the Pick-Sloan Missouri River Basin Program; and (2) include in the presidential budget request a report describing activities for mitigation of fish and wildlife losses. </p> <p>(Sec. 4004) Directs the Secretary to establish an advisory committee for the McClellan-Kerr Arkansas River navigation system, Arkansas and Oklahoma.</p> <p>(Sec. 4005) Increases the authorization of appropriations for ecosystem restoration program for the Lower Columbia River and Tillamook Bay estuaries, Oregon and Washington. </p> <p>(Sec. 4006) Extends through FY2019 the authorization of appropriations for flood damage reduction and ecosystem restoration for the Rio Grande River Basin. </p> <p>(Sec. 4007) Directs the Secretary to conduct a feasibility study for carrying out projects for aquatic ecosystem restoration and flood risk reduction that will mitigate the impacts of extreme weather events, including floods and droughts, on communities, water users, and fish and wildlife located in and along the headwaters of the Columbia, Missouri, and Yellowstone Rivers in Idaho and Montana. </p> <p>(Sec. 4008) Amends the WRDA of 1999 to provide design and construction assistance for water-related environmental infrastructure and resource protection and developments in Idaho, Montana, rural Nevada, New Mexico, rural Utah, and Wyoming. Increases the authorization of appropriations for such assistance.</p> <p>(Sec. 4009) Directs the Secretary to conduct a feasibility study for carrying out projects to restore aquatic ecosystems within the coastal waters from Virginia to Maine, including associated bays, estuaries, and critical riverine areas.</p> <p>(Sec. 4010) Directs the Secretary to: (1) develop a comprehensive Chesapeake Bay restoration plan to guide restoration projects in the Chesapeake Bay; and (2) establish at least one project in regions within the Chesapeake Bay watershed of each of the basin states of Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia, and the District of Columbia.</p> <p>Increases funding for Chesapeake Bay oyster restoration activities.</p> <p>(Sec. 4011) Directs the Secretary to review Louisiana's Comprehensive Master Plan for a Sustainable Coast for the purposes of coastal protection and restoration and to identify and conduct feasibility studies for up to 10 projects included in such Master Plan.</p> <p>Amends the WRDA of 2007 to include as a purpose of the coastal Louisiana ecosystem science and technology program the examination of a system-wide approach to coastal sustainability.</p> <p>(Sec. 4012) Authorizes the Secretary to reassign unused irrigation storage within the Red River Basin to storage for municipal and industrial water supply for use by a state or local interest that entered into an agreement for water supply storage at that reservoir prior to the enactment of this Act.</p> <p>(Sec. 4014) Directs the Secretary to conduct feasibility studies for carrying out Corps projects in coastal zones to enhance ocean and coastal ecosystem resiliency.</p> <p><strong>Title V: Water Infrastructure Financing</strong> - <strong>Subtitle A: State Water Pollution Control Revolving Funds</strong> - (Sec. 5001) Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act [CWA]) to grant the EPA Administrator general authority to make capitalization grants to states to establish a water pollution control revolving fund to accomplish the objectives, goals, and policies of such Act.</p> <p>(Sec. 5002) Imposes additional requirements on states participating in the CWA State Revolving Fund (SRF) Program, including that: (1) states will establish, maintain, invest, and credit the Fund so that it will be available in perpetuity for CWA activities; (2) any fees charged by the state to recipients of assistance that are considered program income will be used to finance the cost of administering the Fund; (3) beginning in FY2016, states will require that a grant or loan recipient has evaluated the cost effectiveness of a project and has selected an activity that maximizes the potential for efficient water use, reuse, recapture, and conservation; and (4) a recipient has used required criteria for negotiating a contract using funds made available by a capitalization grant. </p> <p>(Sec. 5003) Amends the CWA, with respect to the SRF Program, to: (1) expand the projects and activities that may be funded under such Program; (2) permit states to provide additional subsidization, including forgiveness of principal and negative interest loans, to benefit municipalities that meet specified affordability criteria; and (3) require states, not later than September 30, 2015, to establish affordability criteria to assist in identifying municipalities that would experience a significant hardship in raising revenue to finance a CWA project or activity.</p> <p>(Sec. 5004) Prohibits funds made available from a state water pollution control revolving fund from being used for the construction, alteration, maintenance, or repair of a treatment works unless all of the iron and steel used in the project are produced in the United States. Exempts from such prohibition cases in which the Secretary finds that: (1) applying such prohibition would be inconsistent with the public interest, (2) such goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality, or (3) including such goods will increase the cost of the overall project by more than 25%.</p> <p>(Sec. 5005) Directs the EPA Administrator to: (1) conduct a review of the current allocation formula under CWA to determine whether such formula adequately addresses the water quality needs of eligible states, territories, and Indian tribes; and (2) report on such review to the congressional public works committees.</p> <p>(Sec. 5006) Makes this subtitle effective on October 1, 2014. </p> <p><strong>Subtitle B: General Provisions</strong> - (Sec. 5011) Expands the Watershed Pilot Projects Program to provide for watershed partnerships to address non-point sources of pollution, the development of an integrated water resource plan, the development of a municipality-wide plan that identifies the most effective placement of stormwater technologies and management approaches, and efforts to assess future risks and vulnerabilities of publicly-owned treatment works. </p> <p>(Sec. 5012) Modifies the definition of &quot;treatment works&quot; under the CWA to provide that the construction of a project includes acquisition of land necessary for construction.</p> <p>(Sec. 5013) Directs the EPA Administrator, for FY2015 and each fiscal year thereafter, to reserve not less than 0.5% and not more than 2% of available funds for revolving fund loans to Indian tribes under the CWA.</p> <p>(Sec. 5014) Directs the Secretary to establish a pilot program to evaluate the cost effectiveness of allowing non-federal applicants to carry out authorized water resources development projects for coastal harbor improvement, channel improvement, inland navigation, flood damage reduction, aquatic ecosystem restoration, and hurricane and storm damage reduction. </p> <p><strong>Subtitle C: Innovative Financing Pilot Projects</strong> - Water Infrastructure Finance and Innovation Act of 2014 - (Sec. 5023) Authorizes the Secretary of the Army and the EPA Administrator to provide financial assistance to carry out pilot projects to develop critical water resources infrastructure, including: </p> <ul> <li>a project for flood control or hurricane and storm damage reduction, environmental restoration, coastal or inland harbor navigation improvement, or inland and intracoastal waterways navigation improvement that the Secretary determines is technically sound, economically justified, and environmentally acceptable; </li> <li>activities that are eligible for assistance under water pollution control revolving loan funds or drinking water state revolving loan funds; </li> <li>projects for enhanced energy efficiency in the operation of a public water system or a publicly-owned treatment works; </li> <li>projects for repair, rehabilitation, or replacement of a treatment works, community water system, or aging water distribution or waste collection facility; </li> <li>a brackish or sea water desalination project, managed aquifer recharge project, or water recycling project; and </li> <li>acquisition of property that is integral to such water resources infrastructure projects or pursuant to an existing plan that would mitigate the environmental impacts of water resources infrastructure projects otherwise eligible for assistance under this title. </li> </ul> <p>(Sec. 5027) Specifies activities that are eligible for assistance, including the cost of::</p> <ul> <li>development-phase activities; </li> <li>construction, reconstruction, rehabilitation, and replacement activities; </li> <li>the acquisition of property, environmental mitigation, construction contingencies, and acquisition of equipment; and </li> <li>capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction.</li> </ul> <p>(Sec. 5028) Sets forth eligibility requirements for receiving financial assistance under this subtitle. Directs the Secretary or the EPA Administrator to establish criteria for the selection of projects that meet such requirements.</p> <p>(Sec. 5029) Authorizes the Secretary or the Administrator to enter into agreements to make secured loans to finance eligible project costs. Limits the amount of such a loan to the lesser of: (1) 49% of the reasonably anticipated eligible project costs, and (2) the amount of the senior obligations of the project if the loan does not receive an investment-grade rating. </p> <p>Authorizes the Secretary or Administrator to establish fees to cover the costs of making such loans. Limits the total amount of federal assistance for such projects to 80% of the total project costs. Exempts from such limitation any rural water project that is authorized to be carried out by the Secretary of the Interior and that has an Indian tribe as a beneficiary.</p> <p>Authorizes the Secretary or the Administrator to provide a loan guarantee in lieu of making a secured loan if the Secretary or Administrator determines that the budgetary cost of such guarantee is substantially the same as that of a secured loan.</p> <p>(Sec. 5030) Requires the Secretary or the Administrator to establish a uniform system to service the federal credit instruments made available under this title. Authorizes the Secretary or the Administrator to: (1) collect and spend fees, contingent on authority being provided in appropriations acts, at a level that is sufficient to cover the costs of services of experts in the field of municipal and project finance and the costs of servicing such instruments; and (2) appoint a financial entity to assist in servicing such instruments.</p> <p>(Sec. 5031) Provides that the provision of financial assistance for a project under this subtitle shall not: (1) relieve any assistance recipient of any obligation to obtain any required state, local, or tribal permit or approval with respect to the project; (2) limit the right of any state, local, or tribal government to approve or regulate any rate of return on private equity invested in the project; or (3) otherwise supersede any state, local, or tribal law applicable to the construction or operation of the project. </p> <p>(Sec. 5033) Authorizes appropriations for FY2015-FY2019 to carry out this subtitle. Requires the Secretary or the Administrator, as applicable, to set aside at least 15% of amounts made available for small community water infrastructure projects. </p> <p>(Sec. 5034) Requires the Secretary or the Administrator to publish on a publicly assessable website: (1) each application received for assistance under this subtitle, and (2) a list of the projects selected for assistance. </p> <p>Requires the Comptroller General, not later than four years after the enactment of this Act, to submit to the congressional public works committees a report summarizing information relating to the projects that are receiving or that have received assistance under this subtitle, with recommendations.</p> <p>(Sec. 5035) Prohibits amounts made available under this subtitle from being used for the construction, alteration, maintenance, or repair of a project eligible for assistance under this title unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. Exempts from such prohibition cases in which the Secretary finds that: (1) applying such prohibition would be inconsistent with the public interest, (2) such goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality, or (3) including such goods will increase the cost of the overall project by more than 25%.</p> <p><strong>Title VI: Deauthorization And Backlog Prevention</strong> - (Sec. 6001) States as the purposes of this title: (1) the identification of $18 billion in water resources development projects that are no longer viable for construction due to a lack of local support, a lack of available federal or non-federal resources, or an authorizing purpose that is no longer relevant or feasible; (2) the creation of an expedited and definitive process to deauthorize water resources development projects that are no longer viable for construction; and (3) the continued authorization of such projects that are viable for construction. </p> <p>Amends the WRDA of 1986 to require the Secretary of the Army to: (1) submit to the congressional public works committees, and make publicly available, a list of projects authorized for construction for which funding has been obligated and the amount of such funding; (2) compile and publish a list of all Corps projects that are authorized for construction but that have not been completed; (3) develop an interim deauthorization list that identifies each water resources development project authorized for construction before November 8, 2007, for which construction was not initiated before the enactment of this Act or was not funded; and (4) develop a final deauthorization list that includes a list of projects that have an aggregate estimated cost to complete that is at least $18 billion.</p> <p>(Sec. 6002) Directs the Secretary to: (1) conduct an assessment of all properties under the control of the Corps, (2) develop an inventory of the properties that are not needed for the missions of the Corps, and (3) provide such inventory to the Administrator of the General Services Administration (GSA) and the congressional public works committees.</p> <p>(Sec. 6003) Deauthorizes any water resources development project authorized for construction by this Act for which funds have not been obligated within seven years after enactment of this Act. Requires the Secretary to submit to the congressional public works committees a report identifying such projects. </p> <p>Requires the Secretary to report to the congressional public works committee: (1) a list of any water resources development projects authorized by this Act that have not been completed within 12 years after enactment of this Act, (2) a description of the reasons the projects were not completed, (3) a schedule for the completion of the projects, and (4) a 5-year and 10-year projection of construction backlog with recommendations on mitigating the backlog.</p> <p>(Sec. 6004) Deauthorizes projects for: (1) flood protection on Walnut Creek, California; (2) navigation, Eightmile River, Connecticut; (3) navigation, Hillsborough Bay and River, Florida; (4) shoreline protection for the Kahului Wastewater Reclamation Facility, Maui, Hawaii; (5) navigation, Illinois Waterway and Grand Calumet River, Illinois; (6) Port of Iberia, Louisiana; (7) navigation, Rockland Harbor and Thomaston Harbor, Maine; (8) improvements on the Corsica River and navigation projects, Maryland; (9) navigation, Gloucester Harbor and Annisquam River, Massachusetts; (10) improvements in levees in Clatsop County, Oregon; (11) flood protection on the East Fork of the Trinity River, Texas; (12) navigation, Burnham Canal, Wisconsin; (13) navigation, Manitowoc Harbor, Wisconsin; (14) navigation, Seward Harbor, Alaska; and (15) flowage easement at Port of Hood River, Oregon. </p> <p>(Sec. 6005) Provides for conveyances of federal land to the city of Oakland, California; St. Charles County, Missouri; the Tulsa Port of Catoosa, Oklahoma; the city of Warrenton, Oregon; the Commonwealth of Virginia; and the city of Asotin, Washington.</p> <p><strong>Title VII: Water Resources Infrastructure</strong> - (Sec. 7001) Directs the Secretary of the Army to: (1) develop and submit to the congressional public works committees, not later than February 1 of each year, a report entitled &quot;Report to Congress on Future Water Resources Development&quot;; (2) publish in the Federal Register, not later than May 1 of each year, and make publicly available a notice requesting proposals from non-federal interests for proposed feasibility studies and proposed modifications to authorized water resources development projects and feasibility studies to be included in the annual report; and (3) include in the annual report only those feasibility reports, proposed feasibility studies, and proposed modifications to authorized water resources development projects and feasibility studies that are related to the missions and authorities of the Corps, that require specific congressional authorization, that have not been congressionally authorized, that have not been included in any previous annual report, and that, if authorized, could be carried out by the Corps.</p> (Sec. 7002) Authorizes the Secretary to carry out final feasibility studies with respect to: (1) navigation in Louisiana, Florida, Georgia, Massachusetts, and Texas; (2) flood risk management in California, Kansas, Kentucky, Iowa, Minnesota, Missouri, Nevada, and North Dakota; (3) hurricane and storm damage risk reduction in California, Florida, Louisiana, and North Carolina; (4) hurricane and storm damage risk reduction and environmental restoration in Mississippi; and (5) environmental restoration in Florida, Louisiana, Maryland, Minnesota, North Carolina, Oregon, and Virginia. <p>(Sec. 7003) Authorizes the Secretary to carry out water resources development and conservation projects in Iowa, Illinois, Maryland, Minnesota, Missouri, Nebraska, and Texas that have been recommended by the Secretary.</p> <p>(Sec. 7004) Provides for expedited consideration by Congress, until December 31, 2018, of authorizations of water resources development or conservation projects.</p>

tv_txt: I 113th CONGRESS 1st Session H. R. 3080 IN THE HOUSE OF REPRESENTATIVES September 11, 2013 Mr. Shuster (for himself, Mr. Rahall , Mr. Gibbs , and Mr. Bishop of New York ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committees on the Budget , Ways and Means , and Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Water Resources Reform and Development Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. Title I—Program Reforms and Streamlining Sec. 101. Vertical integration and acceleration of studies. Sec. 102. Expediting the evaluation and processing of permits. Sec. 103. Environmental streamlining. Sec. 104. Consolidation of studies. Sec. 105. Removal of duplicative analyses. Sec. 106. Expediting approval of modifications and alterations of projects by non-Federal interests. Sec. 107. Construction of projects by non-Federal interests. Sec. 108. Contributions by non-Federal interests. Sec. 109. Contributions by non-Federal interests for management of Corps of Engineers inland navigation facilities. Sec. 110. Clarification of impacts to other Federal facilities. Sec. 111. Clarification of previously authorized work. Sec. 112. Tribal partnership program. Sec. 113. Technical corrections. Sec. 114. Water infrastructure public-private partnership pilot program. Sec. 115. Annual report to Congress. Sec. 116. Actions to be taken in conjunction with the President’s annual budget submission to Congress. Sec. 117. Hurricane and storm damage reduction study. Sec. 118. Non-Federal plans to provide additional flood risk reduction. Sec. 119. Review of emergency response authorities. Sec. 120. Emergency communication of risk. Sec. 121. Improvements to the National Dam Safety Program Act. Sec. 122. Restricted areas at Corps of Engineers dams. Sec. 123. Levee safety. Sec. 124. Vegetation on levees. Sec. 125. Reduction of Federal costs. Sec. 126. Advanced modeling technologies. Sec. 127. Enhanced use of electronic commerce in Federal procurement. Sec. 128. Corrosion prevention. Sec. 129. Resilient construction and use of innovative materials. Sec. 130. Assessment of water supply in arid regions. Sec. 131. River basin commissions. Sec. 132. Sense of Congress regarding water resources development bills. Title II—Navigation Improvements Subtitle A—Ports Sec. 201. Expanded use of Harbor Maintenance Trust Fund. Sec. 202. Assessment and prioritization of operation and maintenance. Sec. 203. Preserving United States harbors. Sec. 204. Consolidation of deep draft navigation expertise. Sec. 205. Disposal sites. Subtitle B—Inland Waterways Sec. 211. Definitions. Sec. 212. Project delivery process reforms. Sec. 213. Efficiency of revenue collection. Sec. 214. Inland waterways revenue studies. Sec. 215. Inland waterways stakeholder roundtable. Sec. 216. Preserving the Inland Waterway Trust Fund. Sec. 217. Public comment on lock operations. Sec. 218. Assessment of operation and maintenance needs of the Atlantic Intracoastal Waterway. Sec. 219. Upper Mississippi River protection. Sec. 220. Corps of Engineers lock and dam energy development. Title III—Deauthorizations and Backlog Prevention Sec. 301. Deauthorization of inactive projects. Sec. 302. Review of Corps of Engineers assets. Sec. 303. Backlog prevention. Sec. 304. Deauthorizations. Sec. 305. Land conveyances. Title IV—Water Resources Infrastructure Sec. 401. Authorization of final feasibility studies. Sec. 402. Project modifications. 2. Definition of Secretary In this Act, the term Secretary means the Secretary of the Army. I Program Reforms and Streamlining 101. Vertical integration and acceleration of studies (a) In general To the extent practicable, a feasibility study initiated by the Secretary, after the date of enactment of this Act, under section 905(a) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282(a) ) shall— (1) result in the completion of a final feasibility report not later than 3 years after the date of initiation; (2) have a maximum Federal cost of $3,000,000; and (3) ensure that personnel from the district, division, and headquarters levels of the Corps of Engineers concurrently conduct the review required under that section. (b) Exception If the Secretary determines that a feasibility study described in subsection (a) will not be conducted in accordance with subsection (a), the Secretary, not later than 30 days after the date of making the determination, shall— (1) prepare an updated feasibility study schedule and cost estimate; (2) notify the non-Federal feasibility cost sharing partner that the feasibility study has been delayed; and (3) provide written notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate as to the reasons the requirements of subsection (a) are not attainable. (c) Termination of authorization A feasibility study for which the Secretary has issued a determination under subsection (b) is not authorized after the last day of the 1-year period beginning on the date of the determination if the Secretary has not completed the study on or before such last day. (d) Report Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes— (1) the status of the implementation of this section, including a description of each feasibility study subject to the requirements of this section; (2) the amount of time taken to complete each such feasibility study; and (3) any recommendations for additional authority necessary to support efforts to expedite the feasibility study process, including an analysis of whether the limitation established by subsection (a)(2) needs to be adjusted to address the impacts of inflation. (e) Reviews Not later than 90 days after the date of the initiation of a study described in subsection (a) for a project, the Secretary shall— (1) take all steps necessary to initiate the federally mandated reviews that the Secretary is required to complete as part of the study, including environmental reviews; (2) convene a meeting of all Federal, tribal, and State agencies identified under section 2045(d) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2348(d) ), as amended by this Act, and that may be required by law to conduct or issue a review, analysis, or opinion on or to make a determination concerning a permit or license for the study; (3) provide the agencies referred to in paragraph (2) with all relevant information related to the scope and potential impacts of the project, including environmental impacts; and (4) take all steps necessary to provide information that will enable required reviews and analyses related to the project to be conducted by other agencies in a thorough and timely manner. 102. Expediting the evaluation and processing of permits Section 214 of the Water Resources Development Act of 2000 ( 33 U.S.C. 2201 note) is amended— (1) in subsection (a)— (A) by inserting or public-utility company (as defined in section 1262 of the Public Utility Holding Company Act of 2005 ( 42 U.S.C. 16451 )) after non-Federal public entity ; (B) by inserting or company after that entity ; and (C) by adding at the end the following: To the maximum extent practicable, the Secretary shall ensure that expediting the evaluation of a permit through the use of funds accepted and expended under this section does not adversely affect the timeline for evaluation (in the Corps district in which the project or activity is located) of permits under the jurisdiction of the Department of the Army of other entities that have not contributed funds under this section. ; and (2) by striking subsection (e). 103. Environmental streamlining (a) Declaration of policy (1) In general Congress declares that— (A) the benefits of water resources projects are important to the Nation’s economy and environment; (B) it is in the national interest to expedite the delivery of water resources projects; (C) it is in the national interest for Federal and State agencies, local governments, Indian tribes, and other entities involved in water resources projects— (i) to accelerate study completion and project delivery and to reduce costs; and (ii) to ensure that the planning, design, engineering, construction, and funding of water resources projects is done in an efficient and effective manner, promoting accountability for public investments and encouraging greater local and private sector involvement in project financing and delivery while addressing public safety and protecting the environment; and (D) delay in the delivery of water resources studies and projects— (i) increases project costs, flood risks, and local and Federal expenditures for emergency management and recovery; (ii) harms the economy of the United States; and (iii) impedes the shipment of goods for the conduct of commerce. (2) Policy Given the declarations set forth in paragraph (1), it is the policy of the United States that— (A) recommendations to Congress regarding such projects should be accelerated by coordinated and efficient environmental reviews and cooperative efforts to quickly resolve disputes during the development of water resources projects; (B) the Secretary shall have the lead role among Federal agencies in facilitating the environmental review process for water resources projects; (C) each Federal agency shall cooperate with the Secretary to expedite the environmental review process for water resources projects; (D) programmatic approaches shall be used if applicable to reduce the need for project-by-project reviews and decisions by Federal agencies; (E) the Secretary shall identify opportunities for non-Federal sponsors to assume responsibilities of the Secretary if such responsibilities can be assumed in a manner that protects public health and safety, the environment, and public participation; and (F) the Assistant Secretary of the Army for Civil Works shall identify and promote the deployment of innovations aimed at reducing the time and money required to deliver water resources projects while protecting the environment. (b) Streamlined project delivery (1) In general Section 2045 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2348 ) is amended to read as follows: 2045. Streamlined project delivery (a) Definitions In this section, the following definitions apply: (1) Environmental impact statement The term environmental impact statement means the detailed statement of environmental impacts required to be prepared pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (2) Environmental review process (A) In general The term environmental review process means the process of preparing an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for a project study. (B) Inclusions The term environmental review process includes the process for and completion of any environmental permit, approval, review, or study required for a project study under any Federal law other than the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (3) Federal jurisdictional agency The term Federal jurisdictional agency means a Federal agency with jurisdiction over a review, analysis, opinion, statement, permit, license, or other approval or decision required for a project study under applicable Federal laws, including regulations. (4) Project The term project means a Corps of Engineers water resources project. (5) Project sponsor The term project sponsor means the non-Federal interest as defined in section 221(b) of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ). (6) Project study The term project study means a feasibility study for a project carried out pursuant to section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ). (b) Applicability The procedures in this section are applicable to all project studies initiated after the date of enactment of the Water Resources Reform and Development Act of 2013 and for which an environmental impact statement is prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and may be applied, to the extent determined appropriate by the Secretary, to other project studies for which an environmental review process document is prepared under such Act. (c) Lead agencies (1) Federal lead agency The Corps of Engineers shall be the Federal lead agency in the environmental review process for a project study. (2) Non-Federal project sponsor as joint lead agency At the discretion of the Secretary and subject to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), a non-Federal project sponsor that is an agency defined in subsection (a)— (A) may serve as a joint lead agency with the Corps of Engineers for purposes of preparing any environmental review process document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (B) may assist in the preparation of any such environmental review process document required under the National Environmental Policy Act of 1969 if the Secretary provides guidance in the preparation process, participates in preparing the document, independently evaluates that document, and approves and adopts the document before the Secretary takes any subsequent action or makes any approval based on that document. (3) Adoption and use of documents Any environmental review process document prepared in accordance with this subsection shall be adopted and used by any Federal agency in making any approval of a project subject to this section as the document required to be completed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) to the same extent that the Federal agency may adopt or use a document prepared by another Federal agency under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (4) Roles and responsibility of Federal lead agency With respect to the environmental review process for any project, the Federal lead agency shall have authority and responsibility— (A) to take such actions as are necessary and proper, within the authority of the Federal lead agency, to facilitate the expeditious resolution of the environmental review process for the project study; and (B) to prepare or ensure that any required environmental impact statement or other document for a project study required to be completed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) is completed in accordance with this section and applicable Federal law. (d) Participating and cooperating agencies (1) Identification The Federal lead agency shall identify, as early as practicable in the environmental review process for a project study, any Federal or State agency, local government, or Indian tribe that may— (A) have jurisdiction over the project; (B) be required by law to conduct or issue a review, analysis, opinion, or statement for the project study; or (C) be required to make a determination on issuing a permit, license, or other approval or decision for the project study. (2) Invitation (A) In general The Federal lead agency shall invite any such agency identified under paragraph (1) to become a participating or cooperating agency in the environmental review process for the project study. (B) Deadline An invitation to participate issued under subparagraph (A) shall establish a deadline by which a response to the invitation shall be submitted, which may be extended by the Federal lead agency for good cause. (3) Federal cooperating agency Any Federal agency that is invited by the Federal lead agency to participate in the environmental review process for a project study shall be designated as a cooperating agency by the Federal lead agency unless the invited agency informs the Federal lead agency, in writing, by the deadline specified in the invitation that the invited agency— (A) has no jurisdiction or authority with respect to the project; (B) has no expertise or information relevant to the project study; and (C) does not intend to submit comments on the project study. (4) Effect of designation (A) Requirement A participating or cooperating agency shall comply with the requirements of this section and any schedule established under this section. (B) Implication Designation under this subsection shall not imply that the participating or cooperating agency— (i) supports a proposed project; or (ii) has any jurisdiction over, or special expertise with respect to evaluation of, the project. (5) Concurrent reviews Each participating or cooperating agency shall— (A) carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process unless doing so would prevent such agency from conducting needed analysis or otherwise carrying out their obligations under those other laws; and (B) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner. (e) Programmatic compliance (1) In general The Secretary shall issue guidance regarding the use of programmatic approaches to carry out the environmental review process that— (A) eliminates repetitive discussions of the same issues; (B) focuses on the actual issues ripe for analyses at each level of review; (C) establishes a formal process for coordinating with participating and cooperating agencies, including the creation of a list of all data that is needed to carry out the environmental review process; and (D) complies with— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (ii) all other applicable laws. (2) Requirements In carrying out paragraph (1), the Secretary shall— (A) as the first step in drafting guidance under that paragraph, consult with relevant Federal and State agencies, local governments, Indian tribes, and the public on the use and scope of the programmatic approaches; (B) emphasize the importance of collaboration among relevant Federal agencies, State agencies, local governments, and Indian tribes in undertaking programmatic reviews, especially with respect to reviews with a broad geographical scope; (C) ensure that the programmatic reviews— (i) promote transparency, including of the analyses and data used in the environmental review process, the treatment of any deferred issues raised by a Federal or State agency, local government, Indian tribe, or the public, and the temporal and special scales to be used to analyze those issues; (ii) use accurate and timely information in the environmental review process, including— (I) criteria for determining the general duration of the usefulness of the review; and (II) the timeline for updating any out-of-date review; (iii) describe— (I) the relationship between programmatic analysis and future tiered analysis; and (II) the role of the public in the creation of future tiered analysis; and (iv) are available to other relevant Federal and State agencies, local governments, Indian tribes, and the public; (D) allow not less than 60 days of public notice and comment on any proposed guidance; and (E) address any comments received under subparagraph (D). (f) Coordinated reviews (1) Coordination plan (A) Establishment The Federal lead agency, after consultation with each participating and cooperating agency and the non-Federal project sponsor or joint lead agency, as applicable, shall establish a plan for coordinating public and agency participation in and comment on the environmental review process for a project study. (B) Incorporation In developing the plan established under subparagraph (A), the Federal lead agency shall take under consideration the scheduling requirements under section 101 of the Water Resources Reform and Development Act of 2013. (2) Schedule (A) In general The Federal lead agency, after consultation with each participating and cooperating agency and the non-Federal project sponsor or joint lead agency, as applicable, shall establish, as part of the coordination plan established in paragraph (1)(A), a schedule for completion of the environmental review process for the project study. In developing the schedule, the Federal lead agency shall take under consideration the scheduling requirements under section 101 of the Water Resources Reform and Development Act of 2013. (B) Factors for consideration In establishing the schedule, the Federal lead agency shall consider factors such as— (i) the responsibilities of participating and cooperating agencies under applicable laws; (ii) the resources available to the participating and cooperating agencies and the non-Federal project sponsor or joint lead agency, as applicable; (iii) the overall size and complexity of the project; (iv) the overall schedule for and cost of the project; and (v) the sensitivity of the natural and historic resources that may be affected by the project. (C) Consistency with other time periods A schedule under subparagraph (A) shall be consistent with any other relevant time periods established under Federal law. (D) Modification The Federal lead agency may— (i) lengthen a schedule established under subparagraph (A) for good cause; or (ii) shorten a schedule only with the concurrence of the affected participating and cooperating agencies and the non-Federal project sponsor or joint lead agency, as applicable. (E) Dissemination A copy of a schedule established under subparagraph (A) shall be— (i) provided to each participating and cooperating agency and the non-Federal project sponsor or joint lead agency, as applicable; and (ii) made available to the public. (3) Comment deadlines The Federal lead agency shall establish the following deadlines for comment during the environmental review process for a project study: (A) Draft environmental impact statements For comments by agencies and the public on a draft environmental impact statement, a period of not more than 60 days after such document is made publicly available, unless— (i) a different deadline is established by agreement of the Federal lead agency, all participating and cooperating agencies, and the non-Federal project sponsor or joint lead agency, as applicable; or (ii) the deadline is extended by the Federal lead agency for good cause. (B) Other comment periods For all other comment periods established by the Federal lead agency for agency or public comments in the environmental review process, a period of not more than 30 days after the date on which the materials for which comment is requested are made available, unless— (i) a different deadline is established by agreement of the Federal lead agency, all participating and cooperating agencies, and the non-Federal project sponsor or joint lead agency, as applicable; or (ii) the deadline is extended by the Federal lead agency for good cause. (4) Deadlines for decisions under other laws (A) Prior Approval deadline If a participating or cooperating agency is required to make a determination regarding or otherwise approve or disapprove the project study prior to the record of decision or finding of no significant impact, such participating or cooperating agency shall make such determination or approval not later than 30 days after the Federal lead agency publishes notice of the availability of a final environmental impact statement or other final environmental document, or not later than such other date that is otherwise required by law, whichever occurs first. (B) Other deadlines With regard to any determination or approval of a participating or cooperating agency that is not subject to subparagraph (A), each participating or cooperating agency shall make any required determination or otherwise approve or disapprove the project study not later than 90 days after the date that the Federal lead agency approves the record of decision or finding of no significant impact for the project study, or not later than such other date that is otherwise required by law, whichever occurs first. (C) Record closed In the event that any participating or cooperating agency fails to make a determination or approve or disapprove the project study within the applicable deadline described in subparagraph (A), the Federal lead agency may close the record and find the record sufficient for the project study as it relates to such agency determination or approval. (g) Issue identification and resolution (1) Cooperation The Federal lead agency and participating and cooperating agencies shall work cooperatively in accordance with this section to identify and resolve issues that may delay completion of the environmental review process or result in the denial of any approval required for the project study under applicable laws. (2) Federal lead agency responsibilities (A) In general The Federal lead agency shall make information available to the participating and cooperating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration. (B) Data sources Such information under subparagraph (A) may be based on existing data sources, including geographic information systems mapping. (3) Participating and cooperating agency responsibilities Based on information received from the Federal lead agency, participating and cooperating agencies shall identify, as early as practicable, any issues of concern regarding the potential environmental or socioeconomic impacts of the project, including any issues that may substantially delay or prevent an agency from granting a permit or other approval that is needed for the project study. (4) Accelerated issue resolution and elevation (A) In general Upon the request of a participating or cooperating agency or non-Federal project sponsor, the Secretary shall convene an issue resolution meeting with the relevant participating and cooperating agencies and the non-Federal project sponsor or joint lead agency, as applicable, to resolve issues that may— (i) delay completion of the environmental review process; or (ii) result in denial of any approval required for the project study under applicable laws. (B) Meeting date A meeting requested under this paragraph shall be held not later than 21 days after the date on which the Secretary receives the request for the meeting, unless the Secretary determines that there is good cause to extend that deadline. (C) Notification Upon receipt of a request for a meeting under this paragraph, the Secretary shall notify all relevant participating and cooperating agencies of the request, including the issue to be resolved and the date for the meeting. (D) Elevation of issue resolution If a resolution cannot be achieved within 30 days after a meeting under this paragraph and a determination is made by the Secretary that all information necessary to resolve the issue has been obtained, the Secretary shall forward the dispute to the heads of the relevant agencies for resolution. (E) Convention by Secretary The Secretary may convene an issue resolution meeting under this subsection at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under subparagraph (A). (h) Streamlined documentation and decisionmaking (1) In general The Federal lead agency in the environmental review process for a project study, in order to reduce paperwork and expedite decisionmaking, shall prepare a condensed final environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (2) Condensed format A condensed final environmental impact statement for a project study in the environmental review process shall consist only of— (A) an incorporation by reference of the draft environmental impact statement; (B) any updates to specific pages or sections of the draft environmental impact statement as appropriate; and (C) responses to comments on the draft environmental impact statement and copies of the comments. (3) Timing of decision Notwithstanding any other provision of law, in conducting the environmental review process for a project study, the Federal lead agency shall combine a final environmental impact statement and a record of decision for the project study into a single document if— (A) the alternative approved in the record of decision is either a preferred alternative identified in the draft environmental impact statement or is a modification of such preferred alternative developed in response to comments on the draft environmental impact statement; and (B) the Federal lead agency has a written commitment from parties responsible for implementation of the measures applicable to the approved alternative that are identified in the final environmental impact statement that they will implement those measures. (i) Limitations Nothing in this section shall preempt or interfere with— (1) any practice of seeking, considering, or responding to public comment; or (2) any power, jurisdiction, responsibility, or authority that a Federal or State agency, local government, Indian tribe, or non-Federal project sponsor has with respect to carrying out a project study or any other provision of law applicable to a project. (j) Timing of claims (1) In general Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or other approval issued by a Federal agency for a project study shall be barred unless it is filed not later than 150 days after publication of a notice in the Federal Register announcing that the permit, license, or other approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law which allows judicial review. Nothing in this subsection shall create a right to judicial review or place any limit on filing a claim that a person has violated the terms of a permit, license, or other approval. (2) New information The Secretary shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under title 40, Code of Federal Regulations. The preparation of a supplemental environmental impact statement or other environmental document when required by this section shall be considered a separate final agency action and the deadline for filing a claim for judicial review of such action shall be 150 days after the date of publication of a notice in the Federal Register announcing such action. (k) Categorical exclusions (1) In general Not later than 180 days after the date of enactment of this subsection, the Secretary shall— (A) survey the use by the Corps of Engineers of categorical exclusions in projects; (B) publish a review of the survey that includes a description of— (i) the types of actions that were categorically excluded or may be the basis for developing a new categorical exclusion; and (ii) any requests previously received by the Secretary for new categorical exclusions; and (C) solicit requests from other Federal agencies and non-Federal project sponsors for new categorical exclusions. (2) New categorical exclusions Not later than 1 year after the date of enactment of this subsection, if the Secretary identifies, based on the review under paragraph (1), a category of activities that merit establishing a categorical exclusion not in existence on the day before the date of enactment of this subsection, the Secretary shall publish a notice of proposed rulemaking to propose that new categorical exclusion, to the extent that the categorical exclusion meets the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (or successor regulation). (l) Implementation guidance The Secretary shall prepare guidance documents that describe the processes that the Secretary will use to implement this section. . (2) Clerical amendment The table of contents contained in section 1(b) of the Water Resources Development Act of 2007 is amended by striking the item relating to section 2045 and inserting the following: 2045. Streamlined project delivery. . (c) Categorical exclusion in emergencies For the repair, reconstruction, or rehabilitation of a water resources project that is in operation or under construction when damaged by an event or incident that results in a declaration by the President of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), the Secretary shall treat such repair, reconstruction, or rehabilitation activity as a class of action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations, if such repair or reconstruction activity is in the same location with the same capacity, dimensions, and design as the original water resources project as before the declaration described in this section. 104. Consolidation of studies (a) In general (1) Repeal Section 905(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282(b) ) is repealed. (2) Conforming amendment Section 905(a)(1) of such Act ( 33 U.S.C. 2282(a)(1) ) is amended by striking perform a reconnaissance study and . (b) Contents of feasibility reports Section 905(a)(2) of such Act ( 33 U.S.C. 2282(a)(2) ) is amended by adding at the end the following: A feasibility report shall include a preliminary analysis of the Federal interest and the costs, benefits, and environmental impacts of the project. . (c) Applicability The Secretary shall continue to carry out a study for which a reconnaissance level investigation has been initiated before the date of enactment of this Act as if this section, including the amendments made by this section, had not been enacted. 105. Removal of duplicative analyses Section 911 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2288 ) is repealed. 106. Expediting approval of modifications and alterations of projects by non-Federal interests (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary, after providing notice and an opportunity for comment, shall establish a process for the review of section 14 applications in a timely and consistent manner. (b) Section 14 application defined In this section, the term section 14 application means an application submitted by an applicant to the Secretary requesting permission for the temporary occupation or use of a public work, or the alteration or permanent occupation or use of a public work, under section 14 of the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved March 3, 1899 (commonly known as the Rivers and Harbors Appropriation Act of 1899 ) ( 33 U.S.C. 408 ). (c) Benchmark goals (1) Establishment of benchmark goals In carrying out subsection (a), the Secretary shall— (A) establish benchmark goals for determining the amount of time it should take the Secretary to determine whether a section 14 application is complete; (B) establish benchmark goals for determining the amount of time it should take the Secretary to approve or disapprove a section 14 application; and (C) to the extent practicable, use such benchmark goals to make a decision on section 14 applications in a timely and consistent manner. (2) Benchmark goals (A) Benchmark goals for determining whether section 14 applications are complete To the extent practicable, the benchmark goals established under paragraph (1) shall provide that— (i) the Secretary reach a decision on whether a section 14 application is complete not later than 15 days after the date of receipt of the application; and (ii) if the Secretary determines that a section 14 application is not complete, the Secretary promptly notify the applicant of the specific information that is missing or the analysis that is needed to complete the application. (B) Benchmark goals for reviewing completed applications To the extent practicable, the benchmark goals established under paragraph (1) shall provide that— (i) the Secretary generally approve or disapprove a completed section 14 application not later than 45 days after the date of receipt of the completed application; and (ii) in a case in which the Secretary determines that additional time is needed to review a completed section 14 application due to the type, size, cost, complexity, or impacts of the actions proposed in the application, the Secretary approve or disapprove the application not later than 180 days after the date of receipt of the completed application. (3) Notice In any case in which the Secretary determines that it will take the Secretary more than 45 days to review a completed section 14 application, the Secretary shall— (A) provide written notification to the applicant; and (B) include in the written notice a best estimate of the Secretary as to the amount of time required for completion of the review. (d) Failure To achieve benchmark goals In any case in which the Secretary fails make a decision on a section 14 application in accordance with the process established under this section, the Secretary shall provide written notice to the applicant, including a detailed description of— (1) why the Secretary failed to make a decision in accordance with such process; (2) the additional actions required before the Secretary will issue a decision; and (3) the amount of time the Secretary will require to issue a decision. (e) Notification (1) Submission to Congress The Secretary shall provide a copy of any written notice provided under subsection (d) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (2) Public availability The Secretary shall maintain a publicly available database, including on the Internet, on— (A) all section 14 applications received by the Secretary; and (B) the current status of such applications. 107. Construction of projects by non-Federal interests (a) Construction of water resources development projects Section 211 of the Water Resources Development Act of 1996 ( 33 U.S.C. 701b–13 ) is amended— (1) in the section heading by striking flood control and inserting water resources development ; and (2) by striking flood control each place it appears and inserting water resources development . (b) Completion of studies and design activities Section 211(c) of such Act ( 33 U.S.C. 701b–13(c) ) is amended by striking date of the enactment of this Act and inserting date of enactment of the Water Resources Reform and Development Act of 2013 . (c) Authority To carry out improvements Section 211(d)(1) of such Act ( 33 U.S.C. 701b–13(d)(1) ) is amended— (1) by striking subparagraph (A)(i) and inserting the following: (i) In general A non-Federal interest may carry out construction for which studies and design documents are prepared under subsection (b) only if— (I) the Secretary approves the project for construction; and (II) the project is specifically authorized by Congress. ; and (2) by striking subparagraph (B) and inserting the following: (B) Studies and design activities under subsection (c) Any non-Federal interest that has received from the Secretary under subsection (c) a favorable recommendation to carry out a water resources development project, or separable element thereof, based on the results of completed studies and design documents for the project or element may carry out the project or element if— (i) a final environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) has been filed for the project or element; and (ii) the project is specifically authorized by Congress. . (d) Reimbursement Section 211(e) of such Act ( 33 U.S.C. 701b–13(e) ) is amended— (1) in paragraph (1)— (A) in subparagraph (B) by striking and at the end; (B) in subparagraph (C) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (D) if the project is specifically authorized by Congress. ; (2) by striking paragraph (2) and redesignating paragraphs (3), (4), (5), and (6) as paragraphs (2), (3), (4), and (5), respectively; and (3) in paragraph (5) (as so redesignated)— (A) by striking subparagraph (B) and redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and (B) in subparagraph (B) (as so redesignated)— (i) by striking At the request and inserting In accordance with section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ), at the request ; and (ii) by inserting before the period at the end the following: , or toward the non-Federal share of any other authorized water resources development study or project of such non-Federal interest . (e) Other matters Section 211 of such Act ( 33 U.S.C. 701b–13 ) is amended— (1) by striking subsections (f) and (g); and (2) by adding at the end the following: (f) Operation and maintenance of navigation projects Whenever a non-Federal interest constructs improvements to a harbor or inland harbor, the Secretary shall be responsible for maintenance in accordance with section 101(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b) ) if— (1) the Secretary determines, before construction, that the improvements, or separable elements thereof, are economically justified and environmentally acceptable; (2) the Secretary certifies that the project is constructed in accordance with applicable permits and the appropriate engineering and design standards; (3) the Secretary does not find that the project, or separable element thereof, is no longer economically justified or environmentally acceptable; and (4) the project is specifically authorized by Congress. (g) Implementation All laws and regulations that would apply to the Secretary if the Secretary were carrying out a project shall apply to the non-Federal interest carrying out a project under this section. (h) Notification of committees The Secretary shall notify in writing the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate prior to initiation of negotiations with a non-Federal interest regarding the utilization of the authorities under this section. . (f) Repeals The following provisions are repealed: (1) Section 204 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2232 ). (2) Section 206 of the Water Resources Development Act of 1992 ( 33 U.S.C. 426i–1 ). (3) Section 404 of the Water Resources Development Act of 1990 ( 33 U.S.C. 2232 note; 104 Stat. 4646). 108. Contributions by non-Federal interests (a) In general Section 5 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved June 22, 1936 ( 33 U.S.C. 701h ), is amended— (1) by striking from States and political subdivisions thereof, and inserting from a non-Federal interest (as defined in section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b )) ; (2) by striking , which includes planning and design ; (3) by inserting , including a project for navigation on the inland waterways, after study or project ; (4) by striking by States and political subdivisions thereof, and inserting by a non-Federal interest ; (5) by striking : Provided further , That the term States means the several States, the District of Columbia, the commonwealths, territories, and possessions of the United States, and Federally recognized Indian tribes ; and (6) by inserting : And provided further , That the term work means the planning, design, or construction of an authorized water resources development study or project, or the repair, restoration, or replacement of an authorized water resources development project that has been damaged by an event or incident that results in a declaration by the President of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) after contributing interests . (b) Notification for contributed funds Prior to the initiation of negotiations for accepting contributed funds under section 5 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved June 22, 1936 ( 33 U.S.C. 701h ), the Secretary shall provide written notice to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Environment and Public Works and the Committee on Appropriations of the Senate. (c) Technical amendments The following provisions are repealed: (1) Section 111(b) of the Energy and Water Development and Related Agencies Appropriations Act, 2012 (125 Stat. 858). (2) Section 4 of the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved March 4, 1915 ( 33 U.S.C. 560 ). 109. Contributions by non-Federal interests for management of Corps of Engineers inland navigation facilities (a) In general Section 225 of the Water Resources Development Act of 1992 ( 33 U.S.C. 2328 ) is amended— (1) by striking the section designation and heading and inserting the following: 225. Contributions by non-Federal interests for management of Corps of Engineers facilities ; (2) in subsection (a) by striking managing recreational facilities and inserting operating, maintaining, and managing inland navigational facilities, recreational facilities, ; and (3) in subsection (b) by striking and management of recreational facilities and inserting , maintenance, and management of inland navigation facilities, recreational facilities, . (b) Clerical amendment The table of contents contained in section 1(b) of the Water Resources Development Act of 1992 is amended by striking the item relating to section 225 and inserting the following: 225. Contributions by non-Federal interests for management of Corps of Engineers facilities. . 110. Clarification of impacts to other Federal facilities In any case where the modification or construction of a water resources development project carried out by the Secretary adversely impacts other Federal facilities, the Secretary may accept from other Federal agencies such funds as may be necessary to address the adverse impact, including by removing, relocating, or reconstructing such facilities. 111. Clarification of previously authorized work (a) In general The Secretary may carry out measures to improve fish species habitat within the boundaries and downstream of a water resources project constructed by the Secretary that includes a fish hatchery if the Secretary— (1) has been explicitly authorized to compensate for fish losses associated with the project; and (2) determines that the measures are— (A) feasible; (B) consistent with authorized project purposes and the fish hatchery; and (C) in the public interest. (b) Cost sharing (1) In general Subject to paragraph (2), the non-Federal interest shall contribute 35 percent of the total cost of carrying out activities under this section, including the costs relating to the provision or acquisition of required land, easements, rights-of-way, dredged material disposal areas, and relocations. (2) Operation and maintenance The non-Federal interest shall contribute 100 percent of the costs of operation, maintenance, replacement, repair, and rehabilitation of the measures carried out under this section. 112. Tribal partnership program (a) In general Section 203 of the Water Resources Development Act of 2000 ( 33 U.S.C. 2269 ) is amended— (1) in subsection (d)(1)(B)— (A) by striking The ability and inserting the following: (i) In general The ability ; and (B) by adding at the end the following: (ii) Determination Not later than 180 days after the date of enactment of the Water Resources Reform and Development Act of 2013, the Secretary shall issue guidance on the procedures described in clause (i). ; and (2) by striking subsection (e) and inserting the following: (e) Restrictions The Secretary is authorized to carry out activities under this section in fiscal years 2014 through 2023. . (b) Cooperative agreements with Indian tribes The Secretary may enter into a cooperative agreement with an Indian tribe (or a designated representative of an Indian tribe) to carry out authorized activities of the Corps of Engineers to protect fish, wildlife, water quality, and cultural resources. 113. Technical corrections (a) Limitation; statutory construction Section 221(a)(4)(E) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(E)) is amended by striking clause (ii) and inserting the following: (ii) Limitation In any case in which a specific provision of law provides for a non-Federal interest to receive credit toward the non-Federal share of the cost of a study for, or construction or operation and maintenance of, a water resources project, the Secretary shall apply— (I) the specific provision of law instead of this paragraph; or (II) at the request of the non-Federal interest, the specific provision of law and such provisions of this paragraph as the non-Federal interest may request. (iii) Statutory construction Nothing in this subparagraph may be construed to affect the applicability of subparagraph (C). . (b) Water resources project defined Section 221(b) of such Act (42 U.S.C. 1962d–5b(b)) is amended— (1) by moving paragraphs (1) and (2) and the matter following paragraph (2) 2 ems to the right; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (3) by striking (b) Definition and all that follows through The term and inserting the following: (b) Definitions (1) Non-Federal interest The term ; and (4) by adding at the end the following: (2) Water resources project The term water resources project includes projects studied, reviewed, designed, constructed, operated and maintained, or otherwise subject to Federal participation under the authority of the civil works program of the Secretary of the Army for the purposes of navigation, flood damage reduction, ecosystem restoration, hurricane and storm damage reduction, water supply, recreation, hydroelectric power, fish and wildlife conservation, water quality, environmental infrastructure, resource protection and development, and related purposes. . (c) Correction Section 221(c) of such Act (42 U.S.C. 1962d–5b(c)) is amended by striking enforcible and inserting enforceable . (d) Federal allocation Section 2008(a) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2340(a) ) is amended by adding at the end the following: This subsection shall apply without regard to whether the original partnership agreement was entered into before, on, or after the date of enactment of this subsection. . (e) In-Kind credit Section 221(a)(4)(C) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(C)) is amended by striking In any case and all that follows through the period at the end and inserting the following: (i) Construction (I) In general In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of construction carried out by the non-Federal interest before execution of a partnership agreement and that construction has not been carried out as of the date of enactment of this clause, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work and shall do so prior to the non-Federal interest initiating construction or issuing a written notice to proceed for the construction. (II) Eligibility Construction that is carried out after the execution of an agreement under subclause (I) and any design activities that are required for that construction, even if the design activity is carried out prior to the execution of the agreement, shall be eligible for credit. (ii) Planning (I) In general In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of planning carried out by the non-Federal interest before execution of a feasibility cost sharing agreement, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such planning and shall do so prior to the non-Federal interest initiating that planning. (II) Eligibility Planning that is carried out by the non-Federal interest after the execution of an agreement under subclause (I) shall be eligible for credit. . 114. Water infrastructure public-private partnership pilot program (a) In general The Secretary shall establish a pilot program to evaluate the cost effectiveness and project delivery efficiency of allowing non-Federal interests to carry out authorized water resources development projects for coastal harbor improvement, channel improvement, inland navigation, flood damage reduction, and hurricane and storm damage reduction. (b) Purposes The purposes of the pilot program established under subsection (a) are— (1) to identify cost-saving project delivery alternatives that reduce the backlog of authorized Corps of Engineers projects; and (2) to evaluate the technical, financial, and organizational benefits of allowing a non-Federal interest to carry out and manage the design or construction (or both) of 1 or more of such projects. (c) Subsequent appropriations Any activity undertaken under this section is authorized only to the extent specifically provided for in subsequent appropriations Acts. (d) Administration In carrying out the pilot program established under subsection (a), the Secretary shall— (1) identify for inclusion in the program at least 15 projects that are authorized for construction for coastal harbor improvement, channel improvement, inland navigation, flood damage reduction, or hurricane and storm damage reduction; (2) notify in writing the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of each project identified under paragraph (1); (3) in consultation with the non-Federal interest associated with each project identified under paragraph (1), develop a detailed project management plan for the project that outlines the scope, financing, budget, design, and construction resource requirements necessary for the non-Federal interest to execute the project, or a separable element of the project; (4) at the request of the non-Federal interest associated with each project identified under paragraph (1), enter into a project partnership agreement with the non-Federal interest under which the non-Federal interest is provided full project management control for the financing, design, or construction (or any combination thereof) of the project, or a separable element of the project, in accordance with plans approved by the Secretary; (5) following execution of a project partnership agreement under paragraph (4) and completion of all work under the agreement, issue payment, in accordance with subsection (g), to the relevant non-Federal interest for that work; and (6) regularly monitor and audit each project carried out under the program to ensure that all activities related to the project are carried out in compliance with plans approved by the Secretary and that construction costs are reasonable. (e) Selection criteria In identifying projects under subsection (d)(1), the Secretary shall consider the extent to which the project— (1) is significant to the economy of the United States; (2) leverages Federal investment by encouraging non-Federal contributions to the project; (3) employs innovative project delivery and cost-saving methods; (4) received Federal funds in the past and experienced delays or missed scheduled deadlines; (5) has unobligated Corps of Engineers funding balances; and (6) has not received Federal funding for recapitalization and modernization since the project was authorized. (f) Detailed project schedule Not later than 180 days after entering into a project partnership agreement under subsection (d)(4), a non-Federal interest, to the maximum extent practicable, shall submit to the Secretary a detailed project schedule for the relevant project, based on estimated funding levels, that specifies deadlines for each milestone with respect to the project. (g) Payment Payment to the non-Federal interest for work completed pursuant to a project partnership agreement under subsection (d)(4) may be made from— (1) if applicable, the balance of the unobligated amounts appropriated for the project; (2) other amounts appropriated to the Corps of Engineers, except that the total amount transferred to the non-Federal interest may not exceed the estimate of the Federal share of the cost of construction, including any required design; and (3) revenue generated by the project. (h) Technical assistance At the request of a non-Federal interest participating in the pilot program established under subsection (a), the Secretary may provide to the non-Federal interest, if the non-Federal interest contracts with and compensates the Secretary, technical assistance with respect to— (1) a study, engineering activity, or design activity related to a project carried out by the non-Federal interest under the program; and (2) obtaining permits necessary for such a project. (i) Identification of impediments (1) In general The Secretary shall— (A) except as provided in paragraph (2), identify any procedural requirements under the authority of the Secretary that impede greater use of public-private partnerships and private investment in water resources development projects; (B) develop and implement, on a project-by-project basis, procedures and approaches that— (i) address such impediments; and (ii) protect the public interest and any public investment in water resources development projects that involve public-private partnerships or private investment in water resources development projects; and (C) not later than 1 year after the date of enactment of this section, issue rules to carry out the procedures and approaches developed under subparagraph (B). (2) Rule of construction Nothing in this section may be construed to allow the Secretary to waive any requirement under— (A) sections 3141 through 3148 and sections 3701 through 3708 of title 40, United States Code; (B) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); or (C) any other provision of Federal law. (j) Public benefit studies (1) In general Before entering into a project partnership agreement under subsection (d)(4), the Secretary shall conduct an assessment of whether, and provide justification in writing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate that, the proposed agreement provides better public and financial benefits than a similar transaction using public funding or financing. (2) Requirements An assessment under paragraph (1) shall— (A) be completed in a period of not more than 90 days; (B) take into consideration any supporting materials and data submitted by the relevant non-Federal interest and other stakeholders; and (C) determine whether the proposed project partnership agreement is in the public interest by determining whether the agreement will provide public and financial benefits, including expedited project delivery and savings for taxpayers. (k) Non-Federal funding A project carried out under the pilot program established under subsection (a) may consist of the non-Federal interest financing the non-Federal share of the project. (l) Applicability of Federal law Any provision of Federal law that would apply to the Secretary if the Secretary were carrying out a project shall apply to a non-Federal interest carrying out a project under this section. (m) Cost share Nothing in this section affects a cost-sharing requirement under Federal law that is applicable to a project carried out under the pilot program established under subsection (a). (n) Report Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the results of the pilot program established under subsection (a), including any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis. (o) Non-Federal interest defined In this section, the term non-Federal interest includes non-Federal government entities and private entities. 115. Annual report to Congress (a) In general Not later than February 1 of each year, the Secretary shall develop and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate an annual report, to be entitled Report to Congress on Future Water Resources Development , that identifies the following: (1) Feasibility reports Each feasibility report that meets the criteria established in subsection (c)(1)(A). (2) Proposed feasibility studies Any proposed feasibility study submitted to the Secretary by a non-Federal interest pursuant to subsection (b) that meets the criteria established in subsection (c)(1)(A). (3) Proposed modifications Any proposed modification to an authorized water resources development project or feasibility study that meets the criteria established in subsection (c)(1)(A) that— (A) is submitted to the Secretary by a non-Federal interest pursuant to subsection (b); or (B) is identified by the Secretary for authorization. (b) Requests for proposals (1) Publication Not later than May 1 of each year, the Secretary shall publish in the Federal Register a notice requesting proposals from non-Federal interests for proposed feasibility studies and proposed modifications to authorized water resources development projects and feasibility studies to be included in the annual report. (2) Deadline for requests The Secretary shall include in each notice required by this subsection a requirement that non-Federal interests submit to the Secretary any proposals described in paragraph (1) by not later than 120 days after the date of publication of the notice in the Federal Register in order for such proposals to be considered for inclusion in the annual report. (3) Notification On the date of publication of each notice required by this subsection, the Secretary shall— (A) make the notice publicly available, including on the Internet; and (B) provide written notification of such publication to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (c) Contents (1) Feasibility reports, proposed feasibility studies, and proposed modifications (A) Criteria for inclusion in report The Secretary shall include in the annual report only those feasibility reports, proposed feasibility studies, and proposed modifications to authorized water resources development projects and feasibility studies that— (i) the Secretary determines are related to the missions and authorities of the Corps of Engineers; (ii) require specific authorization by Congress in law or otherwise; (iii) are not authorized by Congress; (iv) have not been included in any previous annual report; and (v) if authorized and funded, could be carried out by the Corps of Engineers. (B) Description of benefits For each proposed feasibility study and proposed modification to an authorized water resources development project or feasibility study included in the annual report, the Secretary shall describe the potential benefit of the proposed feasibility study or modification, including, to the extent applicable, whether the water resources development project that is the subject of the proposed feasibility study, or the proposed modification, will— (i) reduce risks to human life or public safety or property; (ii) benefit the national economy; (iii) stimulate the creation of jobs; (iv) reduce the need for future disaster relief; (v) promote the development and delivery of domestic energy resources; (vi) improve the competitiveness of United States exports; (vii) improve water-related transportation for interstate or international commerce; (viii) restore or protect, or mitigate the impacts of a water resources development project on, the environment; or (ix) promote the use of cost-effective and sustainable solutions to water resources challenges. (2) Transparency The Secretary shall include in the annual report, for each feasibility report, proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility study— (A) the name of the associated non-Federal interest, including the name of any non-Federal interest that has contributed, or is expected to contribute, a non-Federal share of the cost of— (i) the feasibility report; (ii) the proposed feasibility study; (iii) the authorized feasibility study for which the modification is proposed; or (iv) construction of— (I) the water resources development project that is the subject of— (aa) the feasibility report; (bb) the proposed feasibility study; or (cc) the authorized feasibility study for which a modification is proposed; or (II) the proposed modification to an authorized water resources development project; (B) a letter or statement of support for the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study from each associated non-Federal interest; (C) the purpose of the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study; (D) an estimate of the Federal, non-Federal, and total costs of— (i) the proposed feasibility study, or proposed modification to an authorized feasibility study; and (ii) construction of— (I) the water resources development project that is the subject of— (aa) the feasibility report; or (bb) the authorized feasibility study for which a modification is proposed, with respect to the change in costs resulting from such modification; or (II) the proposed modification to an authorized water resources development project; and (E) an estimate, to the extent practicable, of the monetary and nonmonetary benefits of— (i) the water resources development project that is the subject of— (I) the feasibility report; (II) the proposed feasibility study; or (III) the authorized feasibility study for which a modification is proposed, with respect to the benefits of such modification; or (ii) the proposed modification to an authorized water resources development project. (3) Certification The Secretary shall include in the annual report a certification stating that each feasibility report, proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility study included in the annual report meets the criteria in subsection (c)(1)(A). (d) Special rule for initial annual report Notwithstanding any other deadlines required by this section, the Secretary shall— (1) not later than 30 days after the date of enactment of this Act, publish in the Federal Register a notice required by subsection (b)(1); (2) include in such notice a requirement that non-Federal interests submit to the Secretary any proposals described in subsection (b)(1) by not later than 90 days after the date of publication of such notice in the Federal Register in order for such proposals to be considered for inclusion in the first annual report developed by the Secretary under this section; and (3) not later than 180 days after the date of enactment of this Act, submit an annual report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (e) Publication Upon submission of the annual report to Congress, the Secretary shall make the annual report publicly available, including through publication on the Internet. (f) Definitions In this section, the following definitions apply: (1) Annual report The term annual report means the report required by subsection (a). (2) Feasibility report The term feasibility report means a final feasibility report developed under section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ), and includes— (A) a report described in section 105(d)(2) of such Act ( 33 U.S.C. 2215(d)(2) ); and (B) where applicable, any associated report of the Chief of Engineers. (3) Feasibility study The term feasibility study has the meaning given that term in section 105 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2215 ). (4) Non-Federal interest The term non-Federal interest has the meaning given that term in section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ). 116. Actions to be taken in conjunction with the President’s annual budget submission to Congress (a) Recommendations for Corps of Engineers construction projects in President’s budget (1) In general For each fiscal year, as part of the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code, the President shall— (A) identify and recommend Corps of Engineers construction projects for which Congress should provide funding at the full level authorized for the project; and (B) provide an explanation of the process used by the President in making the recommendations. (2) Covered period The President shall make recommendations under paragraph (1) for the fiscal year for which the budget submission is prepared and each of the succeeding 4 fiscal years. (3) Basis for making recommendations The President shall base recommendations under paragraph (1) on the assumption that $2,000,000,000 will be appropriated for Corps of Engineers construction projects for each fiscal year. (b) Missouri River Basin To assist in the prioritization of Federal activities carried out related to the project for mitigation of fish and wildlife losses, Missouri River Bank Stabilization and Navigation Project, Missouri, Kansas, Iowa, and Nebraska, authorized by section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143), and in conjunction with the President’s submission to Congress of a budget under section 1105(a) of title 31, United States Code, the Secretary shall submit to Congress a report that provides— (1) an inventory of all Federal actions taken and a prioritization of all Federal actions planned in furtherance of the project, including an inventory of lands owned, acquired, or directly controlled by the Federal Government, and lands enrolled in federally assisted conservation programs; (2) a description of the specific Federal actions proposed for the upcoming fiscal year in furtherance of the project; (3) an assessment of the progress made in furtherance of the project, including a description of how each of the actions identified under paragraph (1) have impacted such progress; and (4) an assessment of additional actions necessary to achieve the results of the project. 117. Hurricane and storm damage reduction study As part of the study for flood and storm damage reduction related to natural disasters to be carried out by the Secretary under title II of division A of the Disaster Relief Appropriations Act, 2013, under the heading Department of the Army—Corps of Engineers—Civil—Investigations (127 Stat. 5), the Secretary shall make specific project recommendations. The Secretary may include those recommendations in the report entitled Report to Congress on Future Water Resources Development , developed in accordance with this Act. 118. Non-Federal plans to provide additional flood risk reduction (a) In general If requested by a non-Federal interest, the Secretary shall carry out a locally preferred plan that provides a higher level of protection than a flood risk management project authorized under this Act if the Secretary determines that— (1) the plan is technically feasible and environmentally acceptable; and (2) the benefits of the plan exceed the costs of the plan. (b) Non-Federal costs If the Secretary carries out a locally preferred plan under subsection (a), the cost attributable to the higher level of protection provided under the plan shall be paid by the non-Federal interest. 119. Review of emergency response authorities (a) In general The Secretary shall undertake a review of implementation of section 5 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved August 18, 1941 ( 33 U.S.C. 701n ), to evaluate the alternatives available to the Secretary to ensure— (1) the safety of affected communities to future flooding and storm events; (2) the resiliency of water resources development projects to future flooding and storm events; (3) the long-term cost effectiveness of water resources development projects that provide flood control and hurricane and storm damage reduction benefits; and (4) the policy goals and objectives that have been outlined by the President as a response to recent extreme weather events, including Hurricane Sandy, that relate to preparing for future floods are met. (b) Scope of review In carrying out the review, the Secretary shall— (1) review the historical precedents and implementation of section 5 of such Act, including those actions undertaken by the Secretary, over time, under that section— (A) to repair or restore a project; and (B) to increase the level of protection for a damaged project to address future conditions; (2) evaluate the difference between adopting, as an appropriate standard under section 5 of such Act, the repair or restoration of a project to pre-flood or pre-storm levels and the repair or restoration of a project to a design level of protection, including an assessment for each standard of— (A) the implications on populations at risk of flooding or damage; (B) the implications on probability of loss of life; (C) the implications on property values at risk of flooding or damage; (D) the implications on probability of increased property damage and associated costs; (E) the implications on local and regional economies; and (F) the estimated total cost and estimated cost savings; (3) incorporate the science on expected rates of sea-level rise and extreme weather events; and (4) incorporate the work completed by the Hurricane Sandy Rebuilding Task Force, established by Executive Order 13632 (December 7, 2012). (c) Report to Congress Not later than 1 year after the date of enactment of this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the review. 120. Emergency communication of risk (a) In general In any river basin where the Secretary carries out flood risk management activities subject to an annual operating plan, the Secretary shall establish procedures for providing the public and affected governments, including Indian tribes, in the river basin with— (1) timely information regarding expected water levels; (2) advice regarding appropriate preparedness actions; (3) technical assistance; and (4) any other information or assistance determined appropriate by the Secretary. (b) Procedures The Secretary shall utilize the procedures only when precipitation or runoff exceeds those calculations considered as the lowest risk to life and property contemplated by the annual operating plan. (c) Definitions In this section, the following definitions apply: (1) Affected government The term affected government means a State, local, or tribal government with jurisdiction over an area that will be affected by a flood. (2) Annual operating plan The term annual operating plan means a plan prepared by the Secretary that describes potential water condition scenarios for a river basin for a year. 121. Improvements to the National Dam Safety Program Act (a) Administrator (1) In general The National Dam Safety Program Act ( 33 U.S.C. 467 et seq. ) is amended by striking Director each place it appears and inserting Administrator . (2) Conforming amendment Section 2(3) of such Act ( 33 U.S.C. 467(3) ) is amended in the paragraph heading by striking Director and inserting Administrator . (b) Inspection of dams Section 3(b)(1) of such Act ( 33 U.S.C. 467a(b)(1) ) is amended by striking or maintenance and inserting maintenance, condition, or provision for emergency operations . (c) National dam safety program (1) Objectives Section 8(c)(4) of such Act ( 33 U.S.C. 467f(c)(4) ) is amended to read as follows: (4) develop and implement a comprehensive dam safety hazard education and public awareness initiative to assist the public in mitigating against, preparing for, responding to, and recovering from dam incidents; . (2) Board Section 8(f)(4) of such Act ( 33 U.S.C. 467f(f)(4) ) is amended by inserting , representatives from nongovernmental organizations, after State agencies . 122. Restricted areas at Corps of Engineers dams Section 2 of the Freedom to Fish Act ( Public Law 113–13 ; 127 Stat. 449) is amended— (1) in subsection (b)(1) by striking until the date that is 2 years after the date of enactment of this Act ; (2) in the heading of subsection (c) by inserting or Modified after New ; and (3) in subsection (c)— (A) in matter preceding paragraph (1) by inserting new or modified after establishes any ; and (B) in paragraph (3) by striking until the date that is 2 years after the date of enactment of this Act and inserting until the Secretary has complied with the provisions of this subsection . 123. Levee safety Section 22 of the Water Resources Development Act of 1974 ( 42 U.S.C. 1962d–16 ) is amended by redesignating subsection (e) as subsection (f) and inserting after subsection (d) the following: (e) Levee safety (1) In general At the request of a State, and in consultation with that State and appropriate non-Federal interests, the Secretary may provide technical assistance to a State to— (A) encourage effective State programs intended to ensure levee safety to protect human life and property; (B) assist the State in establishing and carrying out a State levee safety program; and (C) improve an existing State levee safety program. (2) Purposes The purposes of technical assistance provided under this subsection shall be— (A) to ensure that human lives and property that are protected by new and existing levees are safe; (B) to encourage the use of appropriate engineering policies and procedures for levee site investigation, design, construction, operation and maintenance, and emergency preparedness; (C) to encourage effective levee safety programs in a State; (D) to develop and support public education and awareness projects to increase public acceptance and support of State levee safety programs; (E) to build public awareness of the residual risks associated with living in levee protected areas; and (F) to develop technical assistance materials, seminars, and guidelines to improve the security of levees in the United States. (3) Federal guidelines (A) In general In carrying out this subsection, the Secretary, in consultation with States and non-Federal interests, shall establish Federal guidelines relating to levee safety. (B) Incorporation of Federal activities The guidelines established under subparagraph (A) shall encompass, to the maximum extent practicable, activities and practices carried out by appropriate Federal agencies. (C) Incorporation of State and local activities The guidelines established under subparagraph (A) shall encompass, to the maximum extent practicable— (i) the activities and practices carried out by States, local governments, and the private sector to safely build, regulate, operate, and maintain levees; and (ii) Federal activities that facilitate State efforts to develop and implement effective State programs for the safety of levees, including levee inspection, levee rehabilitation, locally developed flood plain management, and public education and training programs. (D) Review The Secretary shall allow States and non-Federal interests, including appropriate stakeholders, to review and comment on the guidelines established under subparagraph (A) before the guidelines are made final. (4) Assistance for State levee safety programs (A) Eligibility To be eligible for technical assistance under this subsection, a State shall— (i) be in the process of establishing or have in effect a State levee safety program under which a State levee safety agency, in accordance with State law, carries out the guidelines established under paragraph (3); and (ii) allocate sufficient funds in the budget of that State to carry out such State levee safety program. (B) Work plans The Secretary shall enter into an agreement with each State receiving technical assistance under this subsection to develop a work plan necessary for the State levee safety program of that State to reach a level of program performance that meets the guidelines established under paragraph (3). (C) Inspection programs The Secretary shall work with States receiving technical assistance under this subsection to develop State technical guidelines for levee inspection programs that— (i) address hazard classifications and technically based frameworks for levee assessment; and (ii) are incorporated into State levee safety programs. (D) Maintenance of effort Technical assistance may not be provided to a State under this subsection during a fiscal year unless the State enters into an agreement with the Secretary to ensure that the State will maintain during that fiscal year aggregate expenditures for programs to ensure levee safety that are at or above the average annual level of such expenditures for the State for the 2 fiscal years preceding that fiscal year. . 124. Vegetation on levees (a) Review The Secretary of the Army, in accordance with subsection (c), shall undertake a comprehensive review of the Corps of Engineers policy guidelines on vegetation management for levees (in this section referred to as the guidelines ). The Secretary shall commence the review upon the date of enactment of this Act. (b) Factors (1) In general In conducting the review, the Secretary shall examine the guidelines in view of— (A) the varied interests and responsibilities in managing flood risks, including the need to provide the greatest levee safety benefit with limited resources; (B) preserving, protecting, and enhancing natural resources, including the potential benefit that vegetation on levees can have in providing habitat for species of concern; (C) protecting the rights of Indian tribes pursuant to treaties and statutes; (D) determining how vegetation impacts the performance of a levee or levee system during a storm or flood event; and (E) such other factors as the Secretary considers appropriate. (2) Regional and watershed considerations In conducting the review, the Secretary shall specifically consider factors that promote and allow for consideration of potential variances from national guidelines on a regional or watershed basis. Such factors may include regional or watershed soil conditions, hydrologic factors, vegetation patterns and characteristics, environmental resources, levee performance history, institutional considerations, and other relevant factors. The scope of a variance approved by the Secretary may include an exemption to national guidelines where appropriate. (c) Cooperation and recommendations (1) In general The review shall be undertaken in cooperation with interested Federal agencies and in consultation with interested representatives of State and local governments, Indian tribes, appropriate nongovernmental organizations, and the public. (2) Recommendations Corps of Engineers Regional Integration Teams, representing districts, divisions, and headquarters, in consultation with State and Federal resources agencies, and with participation by local agencies, shall recommend to the Secretary vegetation management policies for levees that conform with State and Federal laws and other applicable requirements. (d) Revision of guidelines (1) In general During the 1-year period beginning on the date of enactment of this Act, the Secretary shall— (A) provide the public 30 days to review and comment on the guidelines; (B) revise the guidelines based on consideration of the results of the public review; and (C) submit to Congress a report that contains a summary of the activities of the Secretary and a description of the findings of the Secretary under this section. (2) Content; incorporation into manual The revised guidelines shall— (A) provide a practical process for approving regional or watershed variances from the national guidelines, reflecting due consideration of measures to maximize public safety benefits with limited resources, levee performance, regional climatic and hydrologic variations, environmental quality, implementation challenges, and allocation of responsibilities; and (B) be incorporated into the manual proposed under section 5(c) of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved August 18, 1941 ( 33 U.S.C. 701n(c) ). (e) Continuation of work Concurrent with completion of the requirements of this section, the Secretary shall proceed without interruption or delay with those ongoing or programmed projects and studies, or elements of projects or studies, that are not directly related to vegetation variance policy. 125. Reduction of Federal costs Section 204(a) of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326(a) ) is amended by adding at the end the following: (4) Reducing costs To reduce or avoid Federal costs, the Secretary shall consider the beneficial use of dredged material in a manner that contributes to the maintenance of sediment resources in the nearby coastal system. . 126. Advanced modeling technologies (a) In general To the greatest extent practicable, the Secretary shall encourage and incorporate advanced modeling technologies, including 3-dimensional digital modeling, for activities related to water resources development projects and studies. (b) Activities In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall— (1) compile information related to advanced modeling technologies, including industry best practices with respect to the use of the technologies; (2) disseminate to non-Federal interests the information described in paragraph (1); and (3) promote the use of advanced modeling technologies. (c) Advanced modeling technology defined In this section, the term advanced modeling technology means an available or developing technology, including 3-dimensional digital modeling, that can expedite project delivery for or improve the evaluation of water resources development projects that receive Federal funding by— (1) accelerating and improving the environmental review process; (2) increasing effective public participation; (3) enhancing the detail and accuracy of project designs; (4) increasing safety; (5) accelerating construction and reducing construction costs; or (6) otherwise achieving such purposes. 127. Enhanced use of electronic commerce in Federal procurement (a) Report Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the Secretary’s actions to carry out section 2301 of title 41, United States Code, regarding the use of electronic commerce in Federal procurement. (b) Contents The report submitted under subsection (a) shall include, with respect to the 2 fiscal years most recently ended before the fiscal year in which the report is submitted— (1) an identification of the number, type, and dollar value of procurement solicitations with respect to which the public was permitted to respond to the solicitation electronically, which shall differentiate between solicitations that allowed full or partial electronic submission; (2) an analysis of the information provided under paragraph (1) and actions that could be taken by the Secretary to refine and improve the use of electronic submission for procurement solicitation responses; (3) an analysis of the potential benefits of and obstacles to implementing fuller use of electronic submission for procurement solicitation responses, including with respect to cost savings, error reduction, paperwork reduction, increased bidder participation, and competition, and expanded use of electronic bid data collection for cost-effective contract management and timely reporting; and (4) an analysis of the options and technologies available to facilitate expanded implementation of electronic submission for procurement solicitation responses and the suitability of each option and technology for contracts of various types and sizes. 128. Corrosion prevention (a) In general To the greatest extent practicable, the Secretary shall encourage and incorporate corrosion prevention activities at water resources development projects. (b) Activities In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall ensure that contractors performing work for water resources development projects— (1) use best practices to carry out corrosion prevention activities in the field; (2) use industry recognized standards and corrosion mitigation and prevention methods when— (A) determining protective coatings; (B) selecting materials; and (C) determining methods of cathodic protection, design, and engineering for corrosion prevention; (3) use certified coating application specialists and cathodic protection technicians and engineers; (4) use best practices in environmental protection to prevent environmental degradation, and to ensure careful handling of all hazardous materials; (5) demonstrate a history of employing industry-certified inspectors to ensure adherence to best practices and standards; and (6) demonstrate a history of compliance with applicable requirements of the Occupational Safety and Health Administration. (c) Corrosion prevention activities defined In this section, the term corrosion prevention activities means— (1) the application and inspection of protective coatings for complex work involving steel and cementitious structures, including structures that will be exposed in immersion; (2) the installation, testing, and inspection of cathodic protection systems; and (3) any other activities related to corrosion prevention the Secretary determines appropriate. 129. Resilient construction and use of innovative materials The Secretary, to the extent practicable, shall encourage the use of durable, resilient, and sustainable materials and practices, including the use of geosynthetic materials and innovative technologies, in carrying out the activities of the Corps of Engineers. 130. Assessment of water supply in arid regions (a) In general The Secretary shall conduct an assessment of the management practices, priorities, and authorized purposes at Corps of Engineers reservoirs in arid regions to determine the effects of such practices, priorities, and purposes on water supply during periods of drought. (b) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the assessment. 131. River basin commissions Section 5019 of the Water Resources Development Act of 2007 (121 Stat. 1201) is amended by adding at the end the following: (f) Report After each fiscal year, if the Secretary did not allocate funds in accordance with subsection (b), the Secretary, in conjunction with the President’s next submission to Congress of a budget under section 1105(a) of title 31, United States Code, shall submit to Congress a report that describes— (1) the reasons why the Secretary did not allocate funds in accordance with subsection (b) during that fiscal year; and (2) the impact, on the jurisdiction of each Commission specified in subsection (b), of not allocating the funds, including with respect to— (A) water supply allocation; (B) water quality protection; (C) regulatory review and permitting; (D) water conservation; (E) watershed planning; (F) drought management; (G) flood loss reduction; (H) recreation; and (I) energy development. . 132. Sense of Congress regarding water resources development bills (a) Findings Congress finds the following: (1) Between 1986 and 2000, a water resources development bill was typically enacted every 2 years. (2) Since 2000, only 1 water resources development bill has been enacted. (b) Sense of Congress 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. II Navigation Improvements A Ports 201. Expanded use of Harbor Maintenance Trust Fund (a) In general For any fiscal year in which target appropriations described in subsection (b) are met, the Secretary may use up to 5 percent of the total amount made available to the Secretary from the Harbor Maintenance Trust Fund for the eligible operations and maintenance costs described in section 210(a)(2) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238(a)(2) ) for that fiscal year for expanded uses of the Harbor Maintenance Trust Fund. (b) Target appropriations For purposes of this section, target appropriations are met for a fiscal year if the total amount made available to the Secretary from the Harbor Maintenance Trust Fund for that fiscal year equals or exceeds, as determined by the Secretary, the following: (1) For fiscal year 2014, 65 percent of the total amount of harbor maintenance taxes received in fiscal year 2013. (2) For fiscal year 2015, 67 percent of the total amount of harbor maintenance taxes received in fiscal year 2014. (3) For fiscal year 2016, 69 percent of the total amount of harbor maintenance taxes received in fiscal year 2015. (4) For fiscal year 2017, 71 percent of the total amount of harbor maintenance taxes received in fiscal year 2016. (5) For fiscal year 2018, 73 percent of the total amount of harbor maintenance taxes received in fiscal year 2017. (6) For fiscal year 2019, 75 percent of the total amount of harbor maintenance taxes received in fiscal year 2018. (7) For fiscal year 2020, and each fiscal year thereafter, 80 percent of total amount of harbor maintenance taxes received in the previous fiscal year. (c) Definitions In this section, the following definitions apply: (1) Eligible harbors and inland harbors defined The term eligible harbor or inland harbor means a harbor or inland harbor that, historically, as determined by the Secretary— (A) generates an amount of harbor maintenance taxes; that exceeds (B) the value of maintenance dredging work carried out for the harbor or inland harbor using amounts from the Harbor Maintenance Trust Fund. (2) Expanded uses The term expanded uses means the following activities performed for an eligible harbor or inland harbor: (A) The maintenance dredging of a berth in a harbor that is accessible to a Federal navigation project and that benefits commercial navigation at the harbor. (B) The maintenance dredging and disposal of legacy-contaminated sediment, and sediment unsuitable for open water disposal, if— (i) such dredging and disposal benefits commercial navigation at the harbor; and (ii) such sediment— (I) is located in and affects the maintenance of a Federal navigation project; or (II) is located in a berth that is accessible to a Federal navigation project. (3) Total amount of harbor maintenance taxes received The term total amount of harbor maintenance taxes received means, with respect to a fiscal year, the aggregate of amounts appropriated, transferred, or credited to the Harbor Maintenance Trust Fund under section 9505(a) of the Internal Revenue Code of 1986 for that fiscal year as set forth in the current year estimate provided in the President’s budget request for the subsequent fiscal year, submitted pursuant to section 1105 of title 31, United States Code. (d) Conforming amendment Section 9505(c)(1) of the Internal Revenue Code of 1986 is amended by striking (as in effect on the date of the enactment of the Water Resources Development Act of 1996) . (e) Sense of Congress It is the sense of Congress that any increase in harbor maintenance programs described in this section shall result from an overall increase in appropriations for the civil works program of the Corps of Engineers and not from similar reductions in the appropriations for other programs, projects, and activities carried out by the Corps of Engineers for other authorized purposes. 202. Assessment and prioritization of operation and maintenance (a) Assessment Section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 ) is amended by adding at the end the following: (c) Assessment of operation and maintenance needs (1) In general Not later than 90 days after the date of enactment of this subsection, and biennially thereafter, the Secretary shall assess the operation and maintenance needs of the harbors referred to in subsection (a)(2). (2) Types of harbors In carrying out paragraph (1), the Secretary shall assess the operation and maintenance needs of the harbors used for— (A) commercial navigation; (B) commercial fishing; (C) subsistence, including utilization by Indian tribes (as such term is defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )) for subsistence and ceremonial purposes; (D) use as a harbor of refuge; (E) transportation of persons; (F) purposes relating to domestic energy production, including the fabrication, servicing, or supply of domestic offshore energy production facilities; (G) activities of the Secretary of the department in which the Coast Guard is operating; (H) public health and safety related equipment for responding to coastal and inland emergencies; (I) recreation purposes; and (J) any other authorized purpose. (3) Report to Congress For fiscal year 2015, and biennially thereafter, in conjunction with the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that, with respect to harbors referred to in subsection (a)(2)— (A) identifies the operation and maintenance costs associated with the harbors, including those costs required to achieve and maintain the authorized length, width, and depth for the harbors, on a project-by-project basis; (B) identifies the amount of funding requested in the President’s budget for the operation and maintenance costs associated with the harbors, on a project-by-project basis; (C) identifies the unmet operation and maintenance needs associated with the harbors, on a project-by-project basis; and (D) identifies the harbors for which the President will allocate funding over the next 5 fiscal years for operation and maintenance activities, on a project-by-project basis, including the amounts to be allocated for such purposes. . (b) Operation and maintenance of emerging harbor projects Section 210 of such Act ( 33 U.S.C. 2238 ) is further amended by adding at the end the following: (d) Operation and maintenance of emerging harbor projects (1) In general To the maximum extent practicable, the Secretary shall make expenditures to pay for operation and maintenance costs of the harbors referred to in subsection (a)(2), including expenditures of funds appropriated from the Harbor Maintenance Trust Fund, based on an equitable allocation of funds among all such harbors, regardless of the size or tonnage throughput of the harbor. (2) Criteria In determining the equitable allocation of funds under paragraph (1), the Secretary shall— (A) utilize the information obtained in the assessment conducted under subsection (c); (B) consider the national and regional significance of harbor operation and maintenance; and (C) not make such allocation based solely on the tonnage transiting through a harbor. (3) Emerging harbors (A) In general Notwithstanding paragraph (1), in making expenditures described in paragraph (1) for each of fiscal years 2015 and 2016, the Secretary shall allocate not less than 10 percent of the total amount of the expenditures to pay for operation and maintenance costs of emerging harbors. (B) Emerging harbor defined In this paragraph, the term emerging harbor means a harbor referred to in subsection (a)(2) that transits less than 1,000,000 tons of commerce annually. (4) Emergency expenditures Nothing in this subsection may be construed to prohibit the Secretary from making an expenditure to pay for the operation and maintenance costs of a specific harbor, including the transfer of funding from the operation and maintenance of a separate project, if— (A) the Secretary determines that the action is necessary to address the navigation needs of a harbor where safe navigation has been severely restricted due to an unforeseen event; and (B) the Secretary provides advance notice and information on the need for the action to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Environment and Public Works and the Committee on Appropriations of the Senate. (5) Management of Great Lakes Navigation System To sustain effective and efficient operation and maintenance of the Great Lakes Navigation System, including any navigation feature in the Great Lakes that is a Federal responsibility with respect to operation and maintenance, the Secretary shall manage and allocate funding for all of the individually authorized projects in the Great Lakes Navigation System as components of a single, comprehensive system, recognizing the interdependence of the projects. . 203. Preserving United States harbors (a) In general The Secretary may enter into an agreement with a non-Federal interest, at the request of the non-Federal interest, under which the Secretary agrees to maintain a navigation project for a harbor or inland harbor (in this section referred to as a ‘‘federally authorized harbor’’) in accordance with section 101(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b) ). (b) Report by non-Federal interest (1) In general To be eligible to enter into an agreement under subsection (a) with respect to a federally authorized harbor, a non-Federal interest shall submit to the Secretary a report justifying economic investment in maintenance of the harbor. (2) Justification of investment A report submitted under paragraph (1) may justify economic investment in the maintenance of a federally authorized harbor based on— (A) projected economic benefits, including transportation savings and job creation; and (B) other factors, including navigation safety, national security, and sustainability of subsistence harbors. (3) Termination of certain agreements An agreement entered into under subsection (a) with respect to a federally authorized harbor shall contain terms to allow the Secretary to terminate the agreement if the Secretary determines that Federal economic investment in maintaining the harbor is no longer justified. (c) Limitation on statutory construction Nothing in this section may be construed to preclude the operation and maintenance of a federally authorized harbor under section 101(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b) ). 204. Consolidation of deep draft navigation expertise Section 2033(e) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2282a(e) ) is amended by adding at the end the following: (3) Deep draft navigation planning center of expertise (A) In general The Secretary shall consolidate deep draft navigation expertise within the Corps of Engineers into a deep draft navigation planning center of expertise. (B) List Not later than 60 days after the date of the consolidation required under subparagraph (A), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a list of personnel, including the grade levels and expertise of the personnel, assigned to the center described in subparagraph (A). . 205. Disposal sites (a) In general The Secretary, in accordance with subsections (b) and (c) and with the concurrence of the Administrator of the Environmental Protection Agency, is authorized to reopen the Cape Arundel Disposal Site (in this section referred to as the Site ) as an alternative dredged material disposal site under section 103(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 ( 33 U.S.C. 1413(b) ). (b) Deadline The Site may remain open under subsection (a) until the earlier of— (1) the date on which the Site does not have any remaining disposal capacity; (2) the date on which an environmental impact statement designating an alternative dredged material disposal site for southern Maine has been completed; or (3) the date that is 5 years after the date of enactment of this Act. (c) Limitations The use of the Site as a dredged material disposal site under subsection (a) shall be subject to the conditions that— (1) conditions at the Site remain suitable for the continued use of the Site as a dredged material disposal site; and (2) the Site not be used for the disposal of more than 80,000 cubic yards from any single dredging project. B Inland Waterways 211. Definitions In this subtitle, the following definitions apply: (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 waterways that is— (A) authorized before, on, or after the date of enactment of this Act; (B) not completed on the date of enactment of this Act; and (C) funded at least in part from the Inland Waterways Trust Fund. 212. 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 management training and certification; and (B) the project manager be assigned from among personnel 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 implemented— (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 feasibility 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 qualifying projects to improve the likelihood of on-time and on-budget completion of qualifying projects; (2) evaluate early contractor involvement acquisition procedures 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 Secretary of an applicable military construction program; (B) the development and use of a portfolio of standard designs for inland navigation locks; (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 procedures 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 User 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 recommendations 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 recommendations to the Secretary regarding construction and rehabilitation priorities and spending levels; (B) advice and recommendations to Congress regarding any completed feasibility report in accordance with section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ) relating to those features and components; (C) advice and recommendations to Congress regarding an increase in the authorized cost of those features and components; (D) not later than 60 days after the date of the submission 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 informal 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. (4) Independent judgment Any advice or recommendation made by the Users Board to the Secretary shall reflect the independent judgment of the Users Board. ; (2) by striking subsection (c) and inserting the following: (c) Duties of Secretary The Secretary shall— (1) communicate not less than once each quarter to the Users Board the status of the study, design, or construction of all commercial navigation features or components of the inland waterways or inland harbors of the United States; and (2) submit to the Users Board a courtesy copy of all completed feasibility reports relating to a commercial navigation feature or component of the inland waterways or inland harbors of the United States. (d) Capital investment program (1) In general Not later than 1 year after the date of enactment of this subsection, the Secretary, in coordination with the Users Board, shall develop and submit to Congress a report describing a 20-year program for making capital investments on the inland and intracoastal waterways based on the application of objective, national project selection prioritization criteria. (2) Consideration In developing the program under paragraph (1), the Secretary shall take into consideration the 20-year capital investment strategy contained in the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Users Board. (3) Criteria In developing the plan and prioritization criteria under paragraph (1), the Secretary shall ensure, to the maximum extent practicable, that investments made under the 20-year program described in paragraph (1)— (A) are made in all geographical areas of the inland waterways system; and (B) ensure efficient funding of inland waterways projects. (4) Strategic review and update Not later than 5 years after the date of enactment of this subsection, and not less frequently than once every 5 years thereafter, the Secretary, in coordination with the Users Board, shall— (A) submit to Congress a strategic review of the 20-year program in effect under this subsection, which shall identify and explain any changes to the project-specific recommendations contained in the previous 20-year program (including any changes to the prioritization criteria used to develop the updated recommendations); and (B) make revisions to the program, as appropriate. (e) Project management plans The chairperson of the Users Board and the project development team member appointed by the chairperson under subsection (b)(3) may sign the project management plan for the 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. (f) Administration The Users Board shall be subject to the Federal Advisory Committee Act, other than section 14, and, with the consent of the appropriate agency head, the Users Board may use the facilities and services of any Federal agency. For the purposes of complying with such Act, the members of the Users Board shall not be considered special Government employees (as defined in section 202 of title 18, United States Code). Non-Federal members of the Users Board while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. . 213. Efficiency of revenue collection Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall prepare a report on the efficiency of collecting the fuel tax for the Inland Waterways Trust Fund, which shall include— (1) an evaluation of whether current methods of collection of the fuel tax result in full compliance with requirements of the law; (2) whether alternative methods of collection would result in increased revenues into the Inland Waterways Trust Fund; and (3) an evaluation of alternative collection options. 214. Inland waterways revenue studies (a) Inland waterways construction bonds study (1) Study The Secretary, in coordination with the Secretary of the Treasury, shall conduct a study on the feasibility of authorizing the issuance of federally tax-exempt bonds secured against the available proceeds, including projected annual receipts, in the Inland Waterways Trust Fund established by section 9506(a) of the Internal Revenue Code of 1986. (2) Contents In carrying out the study, the Secretary and the Secretary of the Treasury shall examine the implications of and the potential revenues that could be generated by the issuance of such bonds. (3) Consultation In carrying out the study, the Secretary and the Secretary of the Treasury, at a minimum, shall consult with— (A) representatives of the Inland Waterway Users Board established by section 302 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2251 ); (B) representatives of the commodities and bulk cargos that are currently shipped for commercial purposes on the segments of the inland and intracoastal waterways listed in section 206 of the Inland Waterways Revenue Act of 1978 ( 33 U.S.C. 1804 ); (C) representatives of other users of locks and dams on the inland and intracoastal waterways, including persons owning, operating, using, or otherwise benefitting from— (i) hydropower generation facilities; (ii) electric utilities that rely on the waterways for cooling of existing electricity generation facilities; (iii) municipal and industrial water supply; (iv) recreation; (v) irrigation water supply; or (vi) flood damage reduction; (D) other stakeholders associated with the inland and intracoastal waterways, as identified by the Secretary or the Secretary of the Treasury; and (E) the heads of other appropriate Federal agencies, including the Secretary of Transportation, the Secretary of the Interior, and the Administrator of the Environmental Protection Agency. (4) Report to Congress Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of the Treasury shall submit a joint report on the results of the study to— (A) the Committee on Transportation and Infrastructure, the Committee on Ways and Means, and the Committee on the Budget of the House of Representatives; and (B) the Committee on Environment and Public Works, the Committee on Finance, and the Committee on the Budget of the Senate. (b) Potential fees for beneficiaries and users of inland and intracoastal waterways infrastructure (1) In general The Secretary shall conduct a study and submit to Congress a report on potential user fees and revenues from other sources that could be collected to generate additional revenues for the Inland Waterways Trust Fund established by section 9506(a) of the Internal Revenue Code of 1986. (2) Scope of study (A) In general In carrying out the study, the Secretary shall evaluate an array of potential user fees and other revenues options that, when combined with funds generated by section 4042 of the Internal Revenue Code of 1986, are sufficient to support one-half of annual construction expenditure levels of $380,000,000 for the authorized purposes of the Inland Waterways Trust Fund. (B) Potential Revenue Options for Study In carrying out the study, the Secretary, at a minimum, shall evaluate potential user fees and other revenue options identified in— (i) the report of the Congressional Budget Office entitled Paying for Highways, Airways, and Waterways: How Can Users Be Charged? , dated May 1, 1992; (ii) the draft bill submitted by the Assistant Secretary of the Army (Civil Works) to Congress entitled the Lock User Fee Act of 2008 , dated April 4, 2008; (iii) the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report, published on April 12, 2010, as approved by the Inland Waterways Users Board established by section 302 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2251 ); and (iv) the draft bill submitted by the President to Congress entitled the Inland Waterways Capital Investment Act of 2011 , dated September 2011. (3) Conduct of study In carrying out the study, the Secretary shall— (A) take into consideration whether the potential user fees and revenues from other sources— (i) are equitably associated with the construction, operation, and maintenance of inland and intracoastal waterway infrastructure, including locks, dams, and navigation channels; and (ii) can be efficiently collected; (B) consult with, at a minimum— (i) representatives of the Inland Waterways Users Board; and (ii) representatives of other nonnavigation beneficiaries of inland and intracoastal waterway infrastructure, including persons benefitting from— (I) municipal water supply; (II) hydropower; (III) recreation; (IV) industrial water supply; (V) flood damage reduction; (VI) agricultural water supply; (VII) environmental restoration; (VIII) local and regional economic development; or (IX) local real estate interests; and (iii) representatives of other interests, as identified by the Secretary; and (C) provide the opportunity for public hearings in each of the geographic regions that contain segments of the inland and intracoastal waterways listed in section 206 of the Inland Waterways Revenue Act of 1978 ( 33 U.S.C. 1804 ). (4) Report to Congress Not later than 1 year after the date of enactment of this Act, the Secretary shall submit a report on the results of the study to— (A) the Committee on Transportation and Infrastructure, the Committee on Ways and Means, and the Committee on the Budget of the House of Representatives; and (B) the Committee on Environment and Public Works, the Committee on Finance, and the Committee on the Budget of the Senate. 215. Inland waterways stakeholder roundtable (a) In general The Secretary shall conduct an inland waterways stakeholder roundtable to provide for a review and evaluation of alternative approaches— (1) to address the financial needs of the Inland Waterways Trust Fund; and (2) to support the water infrastructure needs of the Inland Waterways System. (b) Selection of participants (1) In general Not later than 45 days after the date on which the Secretary submits to Congress the report required by section 214(b), the Secretary shall select individuals to be invited to participate in the stakeholder roundtable. (2) Composition The individuals selected under paragraph (1) shall include— (A) representatives of affected shippers and suppliers; (B) representatives of State and Federal water managers; and (C) other interested persons with direct knowledge of the Inland Waterways System. (c) Framework and agenda The Secretary shall work with a group of the individuals selected under subsection (b) to develop the framework and agenda for the stakeholder roundtable. (d) Conduct of stakeholder roundtable (1) In general Not later than 120 days after the date on which the Secretary submits to Congress the report required by section 214(b), the Secretary shall conduct the stakeholder roundtable. (2) Issues to be discussed The stakeholder roundtable shall provide for the review and evaluation described in subsection (a) and shall include the following: (A) An evaluation of alternatives that have been developed to address funding options for the Inland Waterways System. (B) An evaluation of the funding status of the Inland Waterways Trust Fund. (C) Prioritization of the ongoing and projected water infrastructure needs of the Inland Waterways System. (D) Identification of a process forward for meeting such needs, with timeline for addressing the funding challenges for the inland waterways trust system. (e) Report to Congress Not later than 180 days after the date on which the Secretary submits to Congress the report required by section 214(b), the Secretary shall submit to Congress a report that contains— (1) a summary the stakeholder roundtable, including areas of concurrence on funding approaches and areas or disagreement in meeting funding needs; and (2) recommendations developed by the Secretary for logical next steps to address the issues discussed at the stakeholder roundtable. 216. Preserving the Inland Waterway Trust Fund (a) Olmsted project reform (1) In general Notwithstanding section 102(a) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2212(a) ), for each fiscal year beginning after the date of enactment of this Act, 25 percent of the cost of construction for the Olmsted Project shall be paid from amounts appropriated from the Inland Waterways Trust Fund. (2) Definition In this subsection the term Olmsted Project means the project for navigation, Lower Ohio River, Locks 52 and 53, Illinois and Kentucky, authorized by section 3(a)(6) of the Water Resources Development Act of 1988 (102 Stat. 4013). (3) Sense of Congress It is the sense of Congress that the appropriation for the Olmsted project should be not less than $150,000,000 for each fiscal year until construction of the project is completed. (4) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate regarding the lessons learned from the experience of planning and constructing the Olmsted Project and how such lessons might apply to future inland waterway studies and projects. (b) Annual report on progress and costs For any inland waterways project that the Secretary carries out that has an estimated total cost of $500,000,000 or more, the Secretary shall submit to the congressional committees referred to in subsection (a)(4) an annual financial plan for the project. The plan shall be based on detailed annual estimates of the cost to complete the remaining elements of the project and on reasonable assumptions, as determined by the Secretary, of any future increases of the cost to complete the project. 217. Public comment on lock operations At least 90 days before carrying out a proposed modification to the operation of a lock at a project for navigation on the inland waterways, the Secretary shall— (1) provide notice of the proposed modification in the Federal Register; and (2) accept public comments on the proposed modification. 218. Assessment of operation and maintenance needs of the Atlantic Intracoastal Waterway (a) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall assess the operation and maintenance needs of the Atlantic Intracoastal Waterway. (b) Types of activities In carrying out subsection (a), the Secretary shall assess the operation and maintenance needs of the Atlantic Intracoastal Waterway as used for the following purposes: (1) Commercial navigation. (2) Commercial fishing. (3) Subsistence, including utilization by Indian tribes (as such term is defined by section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )) for subsistence and ceremonial purposes. (4) Use as ingress and egress to harbors of refuge. (5) Transportation of persons. (6) Purposes relating to domestic energy production, including fabrication, servicing, and supply of domestic offshore energy production facilities. (7) Activities of the Secretary of the department in which the Coast Guard is operating. (8) Public health and safety related equipment for responding to coastal and inland emergencies. (9) Recreation purposes. (10) Any other authorized purpose. (c) Report to Congress For fiscal year 2015, and biennially thereafter, in conjunction with the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that, with respect to the Atlantic Intracoastal Waterway— (1) identifies the operation and maintenance costs required to achieve the authorized length, width, and depth; (2) identifies the amount of funding requested in the President’s budget for operation and maintenance costs; and (3) identifies the unmet operation and maintenance needs of the Atlantic Intracoastal Waterway. 219. Upper Mississippi River protection (a) Economic impact study Not later than 180 days after the date of enactment of this Act, the Secretary shall conduct a study and submit to Congress a report on the impact of closing the Upper St. Anthony Falls Lock and Dam on the economy and the environment, including an assessment of the annual average tonnage moving through the Upper St. Anthony Falls Lock and Dam during the preceding 5 years. (b) Mandatory Closure Not later than 1 year after the date of enactment of this Act, the Secretary shall close the Upper St. Anthony Falls Lock and Dam if the Secretary determines pursuant to the study conducted under subsection (a) that the annual average tonnage moving through the Upper St. Anthony Falls Lock and Dam during the preceding 5 years was not more than 1,500,000 tons. (c) Emergency operations Nothing in this section may be construed to prevent the Secretary from carrying out emergency lock operations necessary to mitigate flood damage. (d) Upper St. Anthony Falls Lock and Dam defined In this section, the term Upper St. Anthony Falls Lock and Dam means the lock and dam located on Mississippi River Mile 853.9 in Minneapolis, Minnesota. 220. Corps of Engineers lock and dam energy development Section 1117 of the Water Resources Development Act of 1986 (100 Stat. 4236) is amended to read as follows: 1117. W.D. Mayo Lock and Dam (a) In General The Cherokee Nation of Oklahoma may— (1) design and construct one or more hydroelectric generating facilities at the W.D. Mayo Lock and Dam on the Arkansas River, Oklahoma; and (2) market the electricity generated from any such facility. (b) Preconstruction Requirements (1) Permits Before the date on which construction of a hydroelectric generating facility begins under subsection (a), the Cherokee Nation shall obtain any permit required under Federal or State law, except that the Cherokee Nation shall be exempt from licensing requirements that may otherwise apply to construction, operation, or maintenance of the facility under the Federal Power Act ( 16 U.S.C. 791a et seq. ). (2) Review of plans and specifications The Cherokee Nation may initiate the design or construction of a hydroelectric generating facility under subsection (a) only after the Secretary reviews and approves the plans and specifications for the design and construction. (c) Payment of design and construction costs (1) In general The Secretary may accept funds offered by the Cherokee Nation and use such funds to carry out the design and construction of a hydroelectric generating facility under subsection (a). (2) Allocation of costs The Cherokee Nation shall— (A) bear all costs associated with the design and construction of a hydroelectric generating facility under subsection (a); and (B) provide any funds necessary for the design and construction to the Secretary prior to the Secretary initiating any activities related to the design and construction. (d) Assumption of liability The Cherokee Nation shall— (1) hold all title to a hydroelectric generating facility constructed under subsection (a) and may, subject to the approval of the Secretary, assign such title to a third party; (2) be solely responsible for— (A) the operation, maintenance, repair, replacement, and rehabilitation of the facility; and (B) the marketing of the electricity generated by the facility; and (3) release and indemnify the United States from any claims, causes of action, or liabilities that may arise out of any activity undertaken to carry out this section. (e) Assistance available The Secretary may provide technical and construction management assistance requested by the Cherokee Nation relating to the design and construction of a hydroelectric generating facility under subsection (a). (f) Third party agreements The Cherokee Nation may enter into agreements with the Secretary or a third party that the Cherokee Nation or the Secretary determines are necessary to carry out this section. . III Deauthorizations and Backlog Prevention 301. Deauthorization of inactive projects (a) Purposes The purposes of this section are— (1) to identify $12,000,000,000 in water resources development projects authorized by Congress that are no longer viable for construction due to— (A) a lack of local support; (B) a lack of available Federal or non-Federal resources; or (C) an authorizing purpose that is no longer relevant or feasible; (2) to create an expedited and definitive process to deauthorize water resources development projects that are no longer viable for construction; and (3) to allow the continued authorization of water resources development projects that are viable for construction. (b) Deauthorization of projects authorized before WRDA 2007 (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and shall publish in the Federal Register, a report that lists each authorized water resources development project, or separable element of a project, authorized for construction before November 8, 2007— (A) for which— (i) construction was not initiated before the date of enactment of this Act; or (ii) construction was initiated before the date of enactment of this Act, but for which no funds, Federal or non-Federal, were obligated for construction of the project or separable element during the 5-year period ending on July 1, 2013; and (B) that is identified in accordance with paragraph (3). (2) Special rule for ongoing construction A project or separable element shall not be listed pursuant to paragraph (1)(A)(ii) if the project or separable element is being constructed as of the date of enactment of this Act. (3) Identification of projects (A) In general The Secretary shall identify in the report submitted under paragraph (1) projects and separable elements that— (i) meet the requirements described in that paragraph; and (ii) in the aggregate have an estimated Federal cost to complete (as of the date of the report) that is at least $12,000,000,000. (B) Sequencing of projects In identifying projects and separable elements under subparagraph (A), the Secretary shall identify projects and separable elements according to the order in which the projects and separable elements were authorized, beginning with the earliest authorized projects and separable elements and ending upon the aggregate estimated Federal cost to complete for the projects and separable elements identified satisfying the requirement under subparagraph (A)(ii). (4) Congressional review period; deauthorization After the expiration of the 180-day period beginning on the date of the submission of the report under this subsection, any project or separable element identified in that report is hereby deauthorized, unless during such period the non-Federal interest for the project or separable element provides, under Federal law, all funds necessary to complete the project or separable element. (c) Treatment of project modifications For purposes of this section, if an authorized water resources development project or separable element has been modified in an Act of Congress, the date of the authorization of the project or separable element shall be deemed to be the date of the most recent such modification. 302. Review of Corps of Engineers assets (a) Assessment and Inventory Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct an assessment of all properties under the control of the Corps of Engineers and develop an inventory of the properties that are not needed for the missions of the Corps of Engineers. (b) Criteria In conducting the assessment and developing the inventory under subsection (a), the Secretary shall use the following criteria: (1) The extent to which the property aligns with the current missions of the Corps of Engineers. (2) The economic impact of the property on existing communities in the vicinity of the property. (3) The extent to which the utilization rate for the property is being maximized and is consistent with nongovernmental industry standards for the given function or operation. (4) The extent to which the reduction or elimination of the property could reduce operation and maintenance costs of the Corps of Engineers. (5) The extent to which the reduction or elimination of the property could reduce energy consumption by the Corps of Engineers. (c) Notification As soon as practicable following completion of the inventory of properties under subsection (a), the Secretary shall provide the inventory to the Administrator of General Services. (d) Report to Congress Not later than 30 days after the date of the notification under subsection (c), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing the findings of the Secretary with respect to the assessment and inventory required under subsection (a). 303. Backlog prevention (a) Project deauthorization (1) In general A water resources development project, or separable element of such a project, authorized for construction by this Act shall not be authorized after the last day of the 7-year period beginning on the date of enactment of this Act unless during that period funds have been obligated for construction of such project. (2) Identification of projects Not later than 60 days after the expiration of the 7-year period referred to in paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that identifies the projects deauthorized under paragraph (1). (b) Report to Congress Not later than 60 days after the expiration of the 12-year period beginning on the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that contains— (1) a list of any water resources development projects authorized by this Act for which construction has not been completed during that period; (2) a description of the reasons the projects were not completed; and (3) a schedule for the completion of the projects based on expected levels of appropriations. 304. Deauthorizations (a) In general The following projects are not authorized after the date of enactment of this Act: (1) Walnut Creek (Pacheco Creek), California The portions of the project for flood protection on Walnut Creek, California, constructed under section 203 of the Flood Control Act of 1960 ( Public Law 86–645 ; 74 Stat. 488), consisting of the Walnut Creek project from Sta 0+00 to Sta 142+00 and the upstream extent of the Walnut Creek project along Pacheco Creek from Sta 0+00 to Sta 73+50. (2) Walnut Creek (San Ramon Creek), California The portion of the project for flood protection on Walnut Creek, California, constructed under section 203 of the Flood Control Act of 1960 ( Public Law 86–645 ; 74 Stat. 488), consisting of the culvert constructed by the Department of the Army on San Ramon Creek from Sta 4+27 to Sta 14+27. (3) Hillsborough (Hillsboro) Bay and River, Florida Those portions of the project for navigation, Hillsborough (Hillsboro) Bay and River, Florida, authorized by the Act of March 3, 1899 (30 Stat. 1126; chapter 425), that extend on either side of the Hillsborough River from the Kennedy Boulevard bridge to the mouth of the river that cause the existing channel to exceed 100 feet in width. (4) Kahului Wastewater Reclamation Facility, Maui, Hawaii The project carried out pursuant to the authority provided by section 14 of the Flood Control Act of 1946 ( 33 U.S.C. 701r ) to provide shoreline protection for the Kahului Wastewater Reclamation Facility, located on the Island of Maui in the State of Hawaii. (5) Chicago Harbor, Illinois The portion of the project for navigation, Chicago Harbor, Illinois, authorized by the first section of the Act of March 3, 1899 (30 Stat. 1129; chapter 425), and the first section of the Act of March 2, 1919 (40 Stat. 1283; chapter 95), and described as follows: (A) Beginning at the southwest corner of Metropolitan Sanitary District of Greater Chicago sluice gate that abuts the north wall of the Chicago River Lock. (B) Thence running north for approximately 290 feet. (C) Thence running east approximately 1,000 feet. (D) Thence running south approximately 290 feet. (E) Thence running west approximately 1,000 feet to the point of origin. (6) Lucas-Berg Pit, Illinois Waterway and Grant Calumet River, Illinois The portion of the project for navigation, Illinois Waterway and Grand Calumet River, Illinois, authorized by the first section of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved July 24, 1946 (60 Stat. 636; chapter 596), that consists of the Lucas-Berg Pit confined disposal facility, Illinois. (7) Rockland Harbor, Maine The portion of the project for navigation, Rockland Harbor, Maine, authorized by the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved June 3, 1896 (29 Stat. 202), and described as follows: (A) Beginning at the point in the 14-foot turning basin limit with coordinates N162,927.61, E826,210.16. (B) Thence running north 45 degrees 45 minutes 15.6 seconds east 287.45 feet to a point N163,128.18, E826,416.08. (C) Thence running south 13 degrees 17 minutes 53.3 seconds east 129.11 feet to a point N163,002.53, E826,445.77. (D) Thence running south 45 degrees 45 minutes 18.4 seconds west 221.05 feet to a point N162,848.30, E826,287.42. (E) Thence running north 44 degrees 14 minutes 59.5 seconds west 110.73 feet to the point of origin. (8) Corsica River, Queen Anne’s County, Maryland The portion of the project for improving the Corsica River, Maryland, authorized by the first section of the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved July 25, 1912 (37 Stat. 205), and described as follows: Approximately 2,000 feet of the eastern section of the project channel extending from— (A) centerline station 0+000 (coordinates N506350.60, E1575013.60); to (B) station 2+000 (coordinates N508012.39, E1574720.18). (9) Gloucester Harbor and Annisquam River, Massachusetts The portions of the project for navigation, Gloucester Harbor and Annisquam River, Massachusetts, authorized by section 2 of the Act entitled An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved of March 2, 1945 (59 Stat. 12; chapter 19), consisting of an 8-foot anchorage area in Lobster Cove, and described as follows: (A) Beginning at a bend along the easterly limit of the existing project, N3063230.31, E878283.77, thence running northwesterly about 339 feet to a point, N3063478.86, E878053.83, thence running northwesterly about 281 feet to a bend on the easterly limit of the existing project, N3063731.88, E877932.54, thence running southeasterly about 612 feet along the easterly limit of the existing project to the point of origin. (B) Beginning at a bend along the easterly limit of the existing project, N3064065.80, E878031.45, thence running northwesterly about 621 feet to a point, N3064687.05, E878031.13, thence running southwesterly about 122 feet to a point, N3064686.98, E877908.85, thence running southeasterly about 624 feet to a point, N3064063.31, E877909.17, thence running southwesterly about 512 feet to a point, N3063684.73, E877564.56, thence running about 741 feet to a point along the westerly limit of the existing project, N3063273.98, E876947.77, thence running northeasterly about 533 feet to a bend along the westerly limit of the existing project, N3063585.62, E877380.63, thence running about 147 feet northeasterly to a bend along the westerly limit of the project, N3063671.29, E877499.63, thence running northeasterly about 233 feet to a bend along the westerly limit of the existing project, N3063840.60, E877660.29, thence running about 339 feet northeasterly to a bend along the westerly limit of the existing project, N3064120.34, E877852.55, thence running about 573 feet to a bend along the westerly limit of the existing project, N3064692.98, E877865.04, thence running about 113 feet to a bend along the northerly limit of the existing project, N3064739.51, E877968.31, thence running 145 feet southeasterly to a bend along the northerly limit of the existing project, N3064711.19, E878110.69, thence running about 650 feet along the easterly limit of the existing project to the point of origin. (10) Ipswich River, Massachusetts The portion of the project for navigation, Ipswich River, Massachusetts, authorized by the first section of the Act of August 5, 1886 (24 Stat. 317, chapter 929) consisting of a 4-foot channel located at the entrance to the inner harbor at Ipswich Harbor, and described as follows: (A) Lying northwesterly of a line commencing at N3,074,938.09, E837,154.87. (B) Thence running easterly approximately 60 feet to a point with coordinates N3,074,972.62, E837,203.93. (11) East Fork of Trinity River, Texas The portion of the project for flood protection on the East Fork of the Trinity River, Texas, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1185), that consists of the 2 levees identified as Kaufman County Levees K5E and K5W. (12) Burnham Canal, Wisconsin The portion of the project for navigation, Milwaukee Harbor Project, Milwaukee, Wisconsin, known as the Burnham Canal, authorized by the first section of the Act entitled An Act for the protection of commerce on Lake Michigan , approved March 3, 1843 (5 Stat. 619; chapter 85), and described as follows: (A) Beginning at channel point #415a N381768.648, E2524554.836, a distance of about 170.58 feet. (B) Thence running south 53 degrees 43 minutes 41 seconds west to channel point #417 N381667.728, E2524417.311, a distance of about 35.01 feet. (C) Thence running south 34 degrees 10 minutes 40 seconds west to channel point #501 N381638.761, E2524397.639, a distance of about 139.25 feet. (D) Thence running south 34 degrees 10 minutes 48 seconds west to channel point #503 N381523.557, E2524319.406, a distance of about 235.98 feet. (E) Thence running south 32 degrees 59 minutes 13 seconds west to channel point #505 N381325.615, E2524190.925, a distance of about 431.29 feet. (F) Thence running south 32 degrees 36 minutes 05 seconds west to channel point #509 N380962.276, E2523958.547, a distance of about 614.52 feet. (G) Thence running south 89 degrees 05 minutes 00 seconds west to channel point #511 N380952.445, E2523344.107, a distance of about 74.68 feet. (H) Thence running north 89 degrees 04 minutes 59 seconds west to channel point #512 N381027.13, E2523342.91, a distance of about 533.84 feet. (I) Thence running north 89 degrees 05 minutes 00 seconds east to channel point #510 N381035.67, E2523876.69, a distance of about 47.86 feet. (J) Thence running north 61 degrees 02 minutes 07 seconds east to channel point #508 N381058.84, E2523918.56, a distance of about 308.55 feet. (K) Thence running north 36 degrees 15 minutes 29 seconds east to channel point #506 N381307.65, E2524101.05, a distance of about 199.98 feet. (L) Thence running north 32 degrees 59 minutes 12 seconds east to channel point #504 N381475.40, E2524209.93, a distance of about 195.14 feet. (M) Thence running north 26 degrees 17 minutes 22 seconds east to channel point #502 N381650.36, E2524296.36, a distance of about 81.82 feet. (N) Thence running north 88 degrees 51 minutes 05 seconds west to channel point #419 N381732.17, E2524294.72, a distance of about 262.65 feet. (O) Thence running north 82 degrees 01 minutes 02 seconds east to channel point #415a, the point of origin. (13) Manitowoc Harbor, Wisconsin The portion of the project for navigation, Manitowoc River, Manitowoc, Wisconsin, authorized by the Act of August 30, 1852 (10 Stat. 58; chapter 104), and described as follows: The triangular area bound by— (A) 44.09893383N and 087.66854912W; (B) 44.09900535N and 087.66864372W; and (C) 44.09857884N and 087.66913123W. (b) Seward Waterfront, Seward, Alaska (1) In general Subject to paragraph (2), the portion of the project for navigation, Seward Harbor, Alaska, identified as Tract H, Seward Original Townsite, Waterfront Park Replat, Plat No 2012–4, Seward Recording District, shall not be subject to navigation servitude beginning on the date of enactment of this Act. (2) Entry by Federal Government The Federal Government may enter upon the property referred to in paragraph (1) to carry out any required operation and maintenance of the general navigation features of the project referred to in paragraph (1). (c) Port of Hood River, Oregon (1) Extinguishment of portions of existing flowage easement With respect to the properties described in paragraph (2), beginning on the date of enactment of this Act, the flowage easement identified as Tract 1200E–6 on the Easement Deed recorded as Instrument No. 740320 is extinguished above elevation 79.39 feet (NGVD 29), the ordinary high water line. (2) Affected properties The properties described in this paragraph, as recorded in Hood River County, Oregon, are as follows: (A) Instrument Number 2010–1235. (B) Instrument Number 2010–02366. (C) Instrument Number 2010–02367. (D) Parcel 2 of Partition Plat 2011–12P. (E) Parcel 1 of Partition Plat 2005–26P. (3) Extinguishment of flowage easement With respect to the properties described in paragraph (2), the flowage easement is extinguished if the elevation of the property is above the standard project flood elevation. (4) Federal liabilities The United States shall not be liable for any injury caused by the extinguishment of the easement under this subsection. (5) No Effect on Other Rights Nothing in this subsection affects the remaining rights and interests of the Corps of Engineers for authorized project purposes. 305. Land conveyances (a) Tulsa Port of Catoosa, Rogers County, Oklahoma Land Exchange (1) Land exchange 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. (2) Definitions In this subsection, the following definitions apply: (A) Federal land The term Federal land means the approximately 87 acres of land situated in Rogers County, Oklahoma, contained within United States Tracts 413 and 427 and acquired for the McClellan-Kerr Arkansas Navigation System. (B) Non-Federal land The term non-Federal 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. (3) Specific conditions (A) Deeds (i) Deed to non-Federal land The Secretary may only accept conveyance of the non-Federal land by warranty deed, as determined acceptable by the Secretary. (ii) Deed to Federal land The Secretary shall convey the Federal land to the Tulsa Port of Catoosa by quitclaim deed and subject to any reservations, terms, and conditions the Secretary determines necessary to— (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. (iii) Cash payment If the appraised fair market 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. (b) City of Asotin, Washington (1) In general The Secretary shall convey to the city of Asotin, Walla Walla County, Washington, without monetary consideration, all right, title, and interest of the United States in and to the land described in paragraph (3). (2) Reversion If the land transferred under this subsection ceases at any time to be used for a public purpose, the land shall revert to the United States. (3) Description The land to be conveyed to the city of Asotin, Washington, under this subsection are— (A) the public ball fields designated as Tracts 1503, 1605, 1607, 1609, 1611, 1613, 1615, 1620, 1623, 1624, 1625, 1626, and 1631; and (B) other leased areas designated as Tracts 1506, 1522, 1523, 1524, 1525, 1526, 1527, 1529, 1530, 1531, and 1563. (c) Generally applicable provisions (1) Survey to obtain legal description The exact acreage and the legal description of any real property to be conveyed under this section shall be determined by a survey that is satisfactory to the Secretary. (2) Applicability of property screening provisions Section 2696 of title 10, United States Code, shall not apply to any conveyance under this section. (3) Additional terms and conditions The Secretary may require that any conveyance under this section be subject to such additional terms and conditions as the Secretary considers necessary and appropriate to protect the interests of the United States. (4) Costs of conveyance An entity to which a conveyance is made under this section shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance. (5) Liability An entity to which a conveyance is made under this section shall hold the United States harmless from any liability with respect to activities carried out, on or after the date of the conveyance, on the real property conveyed. The United States shall remain responsible for any liability with respect to activities carried out, before such date, on the real property conveyed. IV Water Resources Infrastructure 401. Authorization of final feasibility studies The following final feasibility studies for water resources development and conservation and other purposes are authorized to be carried out by the Secretary substantially in accordance with the plan, and subject to the conditions, described in the respective reports designated in this section: (1) Navigation A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Federal Cost E. Estimated Non-Federal Cost 1. TX, LA Sabine Neches Waterway, Southeast Texas and Southwest Louisiana July 22, 2011 $779,399,000 $359,227,000 2. FL Jacksonville Harbor- Milepoint April 30, 2012 $27,804,000 $9,122,000 3. GA Savannah Harbor Expansion Project Aug. 17, 2012 $461,000,000 $201,000,000 4. TX Freeport Harbor Jan. 7,  2013 $121,132,000 $116,342,000 5. FL Canaveral Harbor (Sect 203 Sponsor Report) Feb. 25, 2013 $28,652,000 $11,588,000 (2) Flood Risk Management A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Federal Cost E. Estimated Non-Federal Cost 1. KS Topeka Aug. 24, 2009 $15,494,000 $8,343,000 2. CA American River Watershed, Common Features Project, Natomas Basin Dec. 30, 2010 $943,300,000 $479,500,000 3. IA Cedar River, Cedar Rapids Jan. 27, 2011 $67,216,000 $36,194,000 4. MN, ND Fargo-Moorhead Metro Dec. 19, 2011 $801,542,000 $979,806,000 5. KY Ohio River Shoreline, Paducah May 16, 2012 $12,893,000 $6,943,000 (3) Hurricane and Storm Damage Risk Reduction A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Initial Federal Cost and Estimated Total Federal Cost for Life of Project E. Estimated Initial Non-Federal Cost and Estimated Total Non-Federal Cost for Life of Project 1. NC West Onslow Beach and New River Inlet (Topsail Beach) Sept. 28, 2009 Initial Cost: $30,557,000 Total Cost: $132,372,000 Initial Cost: $17,315,000 Total Cost: $132,372,000 2. NC Surf City and North Topsail Beach Dec. 30, 2010 Initial Cost: $81,484,000 Total Cost: $106,182,000 Initial Cost: $43,900,000 Total Cost: $106,182,000 3. CA San Clemente Shoreline April 5,  2012 Initial Cost: $7,500,000 Total Cost: $43,400,000 Initial Cost: $4,000,000 Total Cost: $43,400,000 (4) Hurricane and Storm Damage Risk Reduction and Environmental Restoration A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Federal Cost E. Estimated Non-Federal Cost 1. MS Mississippi Coastal Improvement Program (MSCIP) Hancock, Harrison, and Jackson Counties Sept. 15, 2009 $815,090,000 $438,890,000 (5) Environmental Restoration A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Federal Cost E. Estimated Non-Federal Cost 1. MD Mid-Chesapeake Bay Island Aug. 24, 2009 $1,221,721,000 $657,849,000 2. FL Central and Southern Florida Project, Comprehensive Everglades Restoration Plan, Caloosahatchee River (C–43) West Basin Storage Project, Hendry County March 11, 2010 $297,189,000 $297,189,000 3. LA Louisiana Coastal Area Dec. 30, 2010 $954,452,000 $513,936,000 4. MN Marsh Lake Dec. 30, 2011 $6,403,000 $3,564,000 5. FL Central and Southern Florida Project, Comprehensive Everglades Restoration Plan, C–111 Spreader Canal Western Project Jan. 30, 2012 $88,992,000 $88,992,000 6. FL CERP Biscayne Bay Coastal Wetland, Florida May 2,  2012 $96,209,000 $96,209,000 7. FL Central and Southern Florida Project, Broward County Water Preserve Area May 21, 2012 $433,353,500 $433,353,500 8. LA Louisiana Coastal Area-Barataria Basin Barrier June 22, 2012 $283,567,000 $152,690,000 9. NC Neuse River Basin April 23, 2013 $23,253,100 $12,520,900 402. Project modifications (a) Miami Harbor, Miami-Dade County, Florida (1) In general The project for navigation, Miami Harbor, Miami-Dade County, Florida, authorized by section 1001(17) of the Water Resources Development Act of 2007 (121 Stat. 1052), is modified to authorize the Secretary to construct the project at a total cost of $152,510,000, with an estimated Federal cost of $92,007,000 and a non-Federal cost of $60,503,000. (2) Applicability Paragraph (1) shall take effect on November 8, 2007. (b) Lower Ohio River, Illinois and Kentucky The project for navigation, Lower Ohio River, Locks and Dams 52 and 53, Illinois and Kentucky, authorized by section 3(a)(6) of the Water Resources Development Act of 1988 (102 Stat. 4013), is modified to authorize the Secretary to construct the project at a total cost of $2,300,000,000, with a first Federal cost of $2,300,000,000. (c) Little Calumet River Basin (Cady Marsh Ditch), Indiana The project for flood control, Little Calumet River Basin (Cady Marsh Ditch), Indiana, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4115), and modified by section 127 of Public Law 109–103 (119 Stat. 2259), is further modified to authorize the Secretary to construct the project at a total cost of $269,988,000, with an estimated Federal cost of $202,800,000 and a non-Federal cost of $67,188,000.

tv_txt: 113th CONGRESS 1st Session H.R. 3080 In the Senate of the United States, October 31, 2013. Amendment:

That the bill from the House of Representatives (H.R. 3080) entitled An Act to provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for other purposes. , do pass with the following Strike all after the enacting clause and insert the following: 1. Short title; table of contents (a) Short title This Act may be cited as the Water Resources Development Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I—Water resource projects Sec. 1001. Purposes. Sec. 1002. Project authorizations. Sec. 1003. Project review. Sec. 1004. Future project authorizations. TITLE II—Water resources policy reforms Sec. 2001. Purposes. Sec. 2002. Safety assurance review. Sec. 2003. Continuing authority programs. Sec. 2004. Continuing authority program prioritization. Sec. 2005. Fish and wildlife mitigation. Sec. 2006. Mitigation status report. Sec. 2007. Independent peer review. Sec. 2008. Operation and maintenance of navigation and hydroelectric facilities. Sec. 2009. Hydropower at Corps of Engineers facilities. Sec. 2010. Clarification of work-in-kind credit authority. Sec. 2011. Transfer of excess work-in-kind credit. Sec. 2012. Credit for in-kind contributions. Sec. 2013. Credit in lieu of reimbursement. Sec. 2014. Dam optimization. Sec. 2015. Water supply. Sec. 2016. Report on water storage pricing formulas. Sec. 2017. Clarification of previously authorized work. Sec. 2018. Consideration of Federal land in feasibility studies. Sec. 2019. Planning assistance to States. Sec. 2020. Vegetation management policy. Sec. 2021. Levee certifications. Sec. 2022. Restoration of flood and hurricane storm damage reduction projects. Sec. 2023. Operation and maintenance of certain projects. Sec. 2024. Dredging study. Sec. 2025. Non-Federal project implementation pilot program. Sec. 2026. Non-Federal implementation of feasibility studies. Sec. 2027. Tribal partnership program. Sec. 2028. Cooperative agreements with Columbia River Basin Indian tribes. Sec. 2029. Military munitions response actions at civil works shoreline protection projects. Sec. 2030. Beach nourishment. Sec. 2031. Regional sediment management. Sec. 2032. Study acceleration. Sec. 2033. Project acceleration. Sec. 2034. Feasibility studies. Sec. 2035. Accounting and administrative expenses. Sec. 2036. Determination of project completion. Sec. 2037. Project partnership agreements. Sec. 2038. Interagency and international support authority. Sec. 2039. Acceptance of contributed funds to increase lock operations. Sec. 2040. Emergency response to natural disasters. Sec. 2041. Systemwide improvement frameworks. Sec. 2042. Funding to process permits. Sec. 2043. National riverbank stabilization and erosion prevention study and pilot program. Sec. 2044. Hurricane and storm damage risk reduction prioritization. Sec. 2045. Prioritization of ecosystem restoration efforts. Sec. 2046. Special use permits. Sec. 2047. Operations and maintenance on fuel taxed inland waterways. Sec. 2048. Corrosion prevention. Sec. 2049. Project deauthorizations. Sec. 2050. Reports to Congress. Sec. 2051. Indian Self-Determination and Education Assistance Act conforming amendment. Sec. 2052. Invasive species review. Sec. 2053. Wetlands conservation study. Sec. 2054. Dam modification study. Sec. 2055. Non-Federal plans to provide additional flood risk reduction. Sec. 2056. Mississippi River forecasting improvements. Sec. 2057. Flexibility in maintaining navigation. Sec. 2058. Restricted areas at Corps of Engineers dams. Sec. 2059. Maximum cost of projects. Sec. 2060. Donald G. Waldon Lock and Dam. Sec. 2061. Improving planning and administration of water supply storage. Sec. 2062. Crediting authority for Federally authorized navigation projects. Sec. 2063. River basin commissions. Sec. 2064. Restriction on charges for certain surplus water. TITLE III—Project modifications Sec. 3001. Purpose. Sec. 3002. Chatfield Reservoir, Colorado. Sec. 3003. Missouri River Recovery Implementation Committee expenses reimbursement. Sec. 3004. Hurricane and storm damage reduction study. Sec. 3005. Lower Yellowstone Project, Montana. Sec. 3006. Project deauthorizations. Sec. 3007. Raritan River Basin, Green Brook Sub-basin, New Jersey. Sec. 3008. Red River Basin, Oklahoma, Texas, Arkansas, Louisiana. Sec. 3009. Point Judith Harbor of Refuge, Rhode Island. Sec. 3010. Land conveyance of Hammond Boat Basin, Warrenton, Oregon. Sec. 3011. Metro East Flood Risk Management Program, Illinois. Sec. 3012. Florida Keys water quality improvements. Sec. 3013. Des Moines Recreational River and Greenbelt, Iowa. Sec. 3014. Land conveyance, Craney Island Dredged Material Management Area, Portsmouth, Virginia. Sec. 3015. Los Angeles County Drainage Area, California. Sec. 3016. Oakland Inner Harbor Tidal Canal, California. Sec. 3017. Redesignation of Lower Mississippi River Museum and Riverfront Interpretive Site. Sec. 3018. Louisiana Coastal Area. Sec. 3019. Four Mile Run, City of Alexandria and Arlington County, Virginia. Sec. 3020. East Fork of Trinity River, Texas. Sec. 3021. Seward Waterfront, Seward, Alaska. TITLE IV—Water resource studies Sec. 4001. Purpose. Sec. 4002. Initiation of new water resources studies. Sec. 4003. Applicability. TITLE V—Regional and nonproject provisions Sec. 5001. Purpose. Sec. 5002. Northeast Coastal Region ecosystem restoration. Sec. 5003. Chesapeake Bay Environmental Restoration and Protection Program. Sec. 5004. Rio Grande environmental management program, Colorado, New Mexico, Texas. Sec. 5005. Lower Columbia River and Tillamook Bay ecosystem restoration, Oregon and Washington. Sec. 5006. Arkansas River, Arkansas and Oklahoma. Sec. 5007. Aquatic invasive species prevention and management; Columbia River Basin. Sec. 5008. Upper Missouri Basin flood and drought monitoring. Sec. 5009. Upper Missouri Basin shoreline erosion prevention. Sec. 5010. Northern Rockies headwaters extreme weather mitigation. Sec. 5011. Aquatic nuisance species prevention, Great Lakes and Mississippi River Basin. Sec. 5012. Middle Mississippi River pilot program. Sec. 5013. Idaho, Montana, rural Nevada, New Mexico, rural Utah, and Wyoming. Sec. 5014. Chesapeake Bay oyster restoration in Virginia and Maryland. Sec. 5015. Missouri River between Fort Peck Dam, Montana and Gavins Point Dam, South Dakota and Nebraska. Sec. 5016. Operations and maintenance of inland Mississippi River ports. Sec. 5017. Remote and subsistence harbors. Sec. 5018. Multiagency effort to slow the spread of Asian carp in the Upper Mississippi River and Ohio River basins and tributaries. Sec. 5019. Release of use restrictions. Sec. 5020. Rights and responsibilities of Cherokee Nation of Oklahoma regarding W.D. Mayo Lock and Dam, Oklahoma. Sec. 5021. Upper Mississippi River protection. Sec. 5022. Arctic Deep draft port development partnerships. Sec. 5023. Greater Mississippi River Basin severe flooding and drought management study. Sec. 5024. Cape Arundel Disposal Site, Maine. TITLE VI—Levee safety Sec. 6001. Short title. Sec. 6002. Findings; purposes. Sec. 6003. Definitions. Sec. 6004. National levee safety program. Sec. 6005. National levee safety advisory board. Sec. 6006. Inventory and inspection of levees. Sec. 6007. Reports. Sec. 6008. Effect of title. Sec. 6009. Authorization of appropriations. TITLE VII—Inland waterways Sec. 7001. Purposes. Sec. 7002. Definitions. Sec. 7003. Project delivery process reforms. Sec. 7004. Major rehabilitation standards. Sec. 7005. Inland waterways system revenues. Sec. 7006. Efficiency of revenue collection. Sec. 7007. GAO study, Olmsted Locks and Dam, Lower Ohio River, Illinois and Kentucky. Sec. 7008. Olmsted Locks and Dam, Lower Ohio River, Illinois and Kentucky. TITLE VIII—Harbor maintenance Sec. 8001. Short title. Sec. 8002. Purposes. Sec. 8003. Funding for harbor maintenance programs. Sec. 8004. Harbor Maintenance Trust Fund prioritization. Sec. 8005. Harbor maintenance trust fund study. TITLE IX—Dam safety Sec. 9001. Short title. Sec. 9002. Purpose. Sec. 9003. Administrator. Sec. 9004. Inspection of dams. Sec. 9005. National Dam Safety Program. Sec. 9006. Public awareness and outreach for dam safety. Sec. 9007. Authorization of appropriations. TITLE X—Innovative financing pilot projects Sec. 10001. Short title. Sec. 10002. Purposes. Sec. 10003. Definitions. Sec. 10004. Authority to provide assistance. Sec. 10005. Applications. Sec. 10006. Eligible entities. Sec. 10007. Projects eligible for assistance. Sec. 10008. Activities eligible for assistance. Sec. 10009. Determination of eligibility and project selection. Sec. 10010. Secured loans. Sec. 10011. Program administration. Sec. 10012. State, tribal, and local permits. Sec. 10013. Regulations. Sec. 10014. Funding. Sec. 10015. Report to Congress. Sec. 10016. Use of American iron, steel, and manufactured goods. TITLE XI—Extreme weather Sec. 11001. Definition of resilient construction technique. Sec. 11002. Study on risk reduction. Sec. 11003. GAO study on management of flood, drought, and storm damage. Sec. 11004. Post-disaster watershed assessments. Sec. 11005. Authority to accept and expend non-Federal amounts. TITLE XII—National Endowment for the Oceans Sec. 12001. Short title. Sec. 12002. Purposes. Sec. 12003. Definitions. Sec. 12004. National Endowment for the Oceans. Sec. 12005. Eligible uses. Sec. 12006. Grants. Sec. 12007. Annual report. Sec. 12008. Tulsa Port of Catoosa, Rogers County, Oklahoma land exchange. TITLE XIII—Miscellaneous Sec. 13001. Applicability of Spill Prevention, Control, and Countermeasure rule. Sec. 13002. America the Beautiful National Parks and Federal Recreational Lands Pass program. 2. Definition of Secretary In this Act, the term Secretary means the Secretary of the Army. I Water resource projects 1001. Purposes The purposes of this title are— (1) to authorize projects that— (A) are the subject of a completed report of the Chief of Engineers containing a determination that the relevant project— (i) is in the Federal interest; (ii) results in benefits that exceed the costs of the project; (iii) is environmentally acceptable; and (iv) is technically feasible; and (B) have been recommended to Congress for authorization by the Assistant Secretary of the Army for Civil Works; and (2) to authorize the Secretary— (A) to review projects that require increased authorization; and (B) to request an increase of those authorizations after— (i) certifying that the increases are necessary; and (ii) submitting to Congress reports on the proposed increases. 1002. Project authorizations The Secretary is authorized to carry out projects for water resources development, conservation, and other purposes, subject to the conditions that— (1) each project is carried out— (A) substantially in accordance with the plan for the project; and (B) subject to any conditions described in the report for the project; and (2) (A) a Report of the Chief of Engineers has been completed; and (B) after November 8, 2007, but prior to the date of enactment of this Act, the Assistant Secretary of the Army for Civil Works has submitted to Congress a recommendation to authorize construction of the project. 1003. Project review (a) In general For a project that is authorized by Federal law as of the date of enactment of this Act, the Secretary may modify the authorized project cost set under section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 )— (1) by submitting the required certification and additional information to Congress in accordance with subsection (b); and (2) after receiving an appropriation of funds in accordance with subsection (b)(3)(B). (b) Requirements for submission (1) Certification The certification to Congress under subsection (a) shall include a certification by the Secretary that— (A) expenditures above the authorized cost of the project are necessary to protect life and safety or property, maintain critical navigation routes, or restore ecosystems; (B) the project continues to provide benefits identified in the report of the Chief of Engineers for the project; and (C) for projects under construction— (i) a temporary stop or delay resulting from a failure to increase the authorized cost of the project will increase costs to the Federal Government; and (ii) the amount requested for the project in the budget of the President or included in a work plan for the expenditure of funds for the fiscal year during which the certification is submitted will exceed the authorized cost of the project. (2) Additional information The information provided to Congress about the project under subsection (a) shall include, at a minimum— (A) a comprehensive review of the project costs and reasons for exceeding the authorized limits set under section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 ); (B) an expedited analysis of the updated benefits and costs of the project; and (C) the revised cost estimate level for completing the project. (3) Approval of Congress The Secretary may not change the authorized project costs under subsection (a) unless— (A) a certification and required information is submitted to Congress under subsection (b); and (B) after such submission, amounts are appropriated to initiate or continue construction of the project in an appropriations or other Act. (c) De minimis amounts If the cost to complete construction of an authorized water resources project would exceed the limitations on the maximum cost of the project under section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 ), the Secretary may complete construction of the project, notwithstanding the limitations imposed by that section if— (1) construction of the project is at least 70 percent complete at the time the cost of the project is projected to exceed the limitations; and (2) the Federal cost to complete construction is less than $5,000,000. (d) Termination of effectiveness The authority of the Secretary under this section terminates on the date that is 3 years after the date of enactment of this Act. 1004. Future project authorizations (a) Policy The benefits of water resource projects designed and carried out in an economically justifiable, environmentally acceptable, and technically sound manner are important to the economy and environment of the United States and recommendations to Congress regarding those projects should be expedited for approval in a timely manner. (b) Applicability The procedures under this section apply to projects for water resources development, conservation, and other purposes, subject to the conditions that— (1) each project is carried out— (A) substantially in accordance with the plan identified in the report of the Chief of Engineers for the project; and (B) subject to any conditions described in the report for the project; and (2) (A) a report of the Chief of Engineers has been completed; and (B) after the date of enactment of this Act, the Assistant Secretary of the Army for Civil Works has submitted to Congress a recommendation to authorize construction of the project. (c) Expedited consideration (1) In general A bill shall be eligible for expedited consideration in accordance with this subsection if the bill— (A) authorizes a project that meets the requirements described in subsection (b); and (B) is referred to the Committee on Environment and Public Works of the Senate. (2) Committee consideration (A) In general Not later than January 31st of the second session of each Congress, the Committee on Environment and Public Works of the Senate shall— (i) report all bills that meet the requirements of paragraph (1); or (ii) introduce and report a measure to authorize any project that meets the requirements described in subsection (b). (B) Failure to act Subject to subparagraph (C), if the Committee fails to act on a bill that meets the requirements of paragraph (1) by the date specified in subparagraph (A), the bill shall be discharged from the Committee and placed on the calendar of the Senate. (C) Exceptions Subparagraph (B) shall not apply if— (i) in the 180-day period immediately preceding the date specified in subparagraph (A), the full Committee holds a legislative hearing on a bill to authorize all projects that meet the requirements described in subsection (b); (ii) (I) the Committee favorably reports a bill to authorize all projects that meet the requirements described in subsection (b); and (II) the bill described in subclause (I) is placed on the calendar of the Senate; or (iii) a bill that meets the requirements of paragraph (1) is referred to the Committee not earlier than 30 days before the date specified in subparagraph (A). (d) Termination The procedures for expedited consideration under this section terminate on December 31, 2018. II Water resources policy reforms 2001. Purposes The purposes of this title are— (1) to reform the implementation of water resources projects by the Corps of Engineers; (2) to make other technical changes to the water resources policy of the Corps of Engineers; and (3) to implement reforms, including— (A) enhancing the ability of local sponsors to partner with the Corps of Engineers by ensuring the eligibility of the local sponsors to receive and apply credit for work carried out by the sponsors and increasing the role of sponsors in carrying out Corps of Engineers projects; (B) ensuring continuing authority programs can continue to meet important needs; (C) encouraging the continuation of efforts to modernize feasibility studies and establish targets for expedited completion of feasibility studies; (D) seeking efficiencies in the management of dams and related infrastructure to reduce environmental impacts while maximizing other benefits and project purposes, such as flood control, navigation, water supply, and hydropower; (E) clarifying mitigation requirements for Corps of Engineers projects and ensuring transparency in the independent external review of those projects; and (F) establishing an efficient and transparent process for deauthorizing projects that have failed to receive a minimum level of investment to ensure active projects can move forward while reducing the backlog of authorized projects. 2002. Safety assurance review Section 2035 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2344 ) is amended by adding at the end the following: (g) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to a safety assurance review conducted under this section. . 2003. Continuing authority programs (a) Small river and harbor improvement projects Section 107 of the River and Harbor Act of 1960 ( 33 U.S.C. 577 ) is amended— (1) in subsection (a), by striking $35,000,000 and inserting $50,000,000 ; and (2) in subsection (b), by striking $7,000,000 and inserting $10,000,000 . (b) Shore damage prevention or mitigation Section 111(c) of the River and Harbor Act of 1968 ( 33 U.S.C. 426i(c) ) is amended by striking $5,000,000 and inserting $10,000,000 . (c) Regional sediment management (1) In general Section 204 of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326 ) is amended— (A) in subsection (c)(1)(C), by striking $5,000,000 and inserting $10,000,000 ; and (B) in subsection (g), by striking $30,000,000 and inserting $50,000,000 . (2) Applicability Section 2037 of the Water Resources Development Act of 2007 (121 Stat. 1094) is amended by added at the end the following: (c) Applicability The amendment made by subsection (a) shall not apply to any project authorized under this Act if a report of the Chief of Engineers for the project was completed prior to the date of enactment of this Act. . (d) Small flood control projects Section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s ) is amended in the third sentence by striking $7,000,000 and inserting $10,000,000 . (e) Project modifications for improvement of environment Section 1135(d) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2309a(d) ) is amended— (1) in the second sentence, by striking Not more than 80 percent of the non-Federal may be and inserting The non-Federal share may be provided ; and (2) in the third sentence, by striking $5,000,000 and inserting $10,000,000 . (f) Aquatic ecosystem restoration Section 206(d) of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330(d) ) is amended by striking $5,000,000 and inserting $10,000,000 . (g) Floodplain management services Section 206(d) of the Flood Control Act of 1960 ( 33 U.S.C. 709a ) is amended by striking $15,000,000 and inserting $50,000,000 . 2004. Continuing authority program prioritization (a) Definition of continuing authority program project In this section, the term continuing authority program means 1 of the following authorities: (1) Section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s ). (2) Section 111 of the River and Harbor Act of 1968 ( 33 U.S.C. 426i ). (3) Section 206 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330 ). (4) Section 1135 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2309a ). (5) Section 107 of the River and Harbor Act of 1960 ( 33 U.S.C. 577 ). (6) Section 3 of the Act of August 13, 1946 (33 U.S.C. 426g). (b) Prioritization Not later than 1 year after the date of enactment of this Act, the Secretary shall publish in the Federal Register and on a publicly available website, the criteria the Secretary uses for prioritizing annual funding for continuing authority program projects. (c) Annual report Not later than 1 year after the date of enactment of this Act and each year thereafter, the Secretary shall publish in the Federal Register and on a publicly available website, a report on the status of each continuing authority program, which, at a minimum, shall include— (1) the name and a short description of each active continuing authority program project; (2) the cost estimate to complete each active project; and (3) the funding available in that fiscal year for each continuing authority program. (d) Congressional notification On publication in the Federal Register under subsections (b) and (c), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a copy of all information published under those subsections. 2005. Fish and wildlife mitigation (a) In general Section 906 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2283 ) is amended— (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 following: If the Secretary determines that mitigation to in-kind conditions is not possible, the Secretary shall identify in the report the basis for that determination and the mitigation measures that will be implemented to meet the 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)). ; (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 minimum, after complies with ; and (ii) in subparagraph (B)— (I) by striking clause (iii); (II) by redesignating clauses (iv) and (v) as clauses (v) and (vi), 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 1 or more programmatic mitigation plans to address the potential impacts to ecological resources, fish, and wildlife associated with existing or future 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 maximum 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. (4) Scope A programmatic mitigation plan developed by the Secretary or an entity described in paragraph (3) to address potential impacts of existing or future water resources development projects shall, to the maximum extent practicable— (A) be developed on a regional, ecosystem, watershed, or statewide scale; (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 determined by the Secretary or an entity described in paragraph (3), as appropriate, in consultation with the agency with jurisdiction 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 protocols that involve monitoring predicted impacts over time and adjusting mitigation measures in response to information 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 environmental mitigation plan for use under this subsection, the Secretary 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 (B) for a plan developed under paragraph (3), determine, 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 permitting 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 recommendations 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. ). (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 mitigation 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, programs, 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, contributions 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. (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. (j) Use of Funds The Secretary may use funds made available for preconstruction engineering and design prior to authorization of project construction to satisfy mitigation requirements through third party mechanisms or to acquire interests in land necessary for meeting the mitigation requirements of this section. . (b) Application The amendments made by 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 payments 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 subsection will support the establishment of mitigation instruments that will result in restoration of high-priority areas identified in the plans under paragraph (2). 2006. Mitigation status report Section 2036(b) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2283a ) is amended— (1) by redesignating paragraph (3) as 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 qualitative and quantitative status for all projects in the report; and (C) provide specific dates for and participants in the consultations required under section 906(d)(4)(B) of the Water Resources Development Act of 1986 (33 U.S.C. 2283(d)(4)(B)). . 2007. Independent peer review (a) Timing of peer review Section 2034(b) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2343(b) ) is amended— (1) by redesignating paragraph (3) as 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 Representatives 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. . (b) Establishment of panels Section 2034(c) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2343(c) ) is amended by striking paragraph (4) and 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; and (B) make publicly available, including on the Internet, information on— (i) the dates scheduled for beginning and ending the review; (ii) the entity that has the contract for the review; and (iii) the names and qualifications of the panel of experts. . (c) Recommendations of panel Section 2034(f) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2343(f) ) is amended by striking paragraph (2) and 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 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 Infrastructure 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. . (d) Applicability Section 2034(h)(2) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2343(h)(2) ) is amended by striking 7 years and inserting 12 years . 2008. Operation and maintenance of navigation and hydroelectric facilities (a) In general Section 314 of the Water Resources Development Act of 1990 ( 33 U.S.C. 2321 ) is amended— (1) by striking the heading and inserting the following: 314. Operation and maintenance of navigation and hydroelectric facilities ; (2) in the first sentence, by striking Activities currently performed and inserting the following: (a) In general Activities currently performed ; (3) in the second sentence, by striking This section and inserting the following: (b) Major maintenance contracts allowed This section ; (4) in subsection (a) (as designated by paragraph (2)), by inserting navigation or before hydroelectric ; and (5) by adding at the end the following: (c) Exclusion This section shall not— (1) apply to those navigation facilities that have been or are currently under contract with a non-Federal interest to perform operations and maintenance as of the date of enactment of the Water Resources Development Act of 2013 ; and (2) prohibit the Secretary from contracting out future commercial activities at those navigation facilities. . (b) Clerical amendment The table of contents contained in section 1(b) of the Water Resources Development Act of 1990 (104 Stat. 4604) is amended by striking the item relating to section 314 and inserting the following: Sec. 314. Operation and maintenance of navigation and hydroelectric facilities. . 2009. Hydropower at Corps of Engineers facilities (a) Findings Congress finds that— (1) in April 2012, the Oak Ridge National Laboratory of the Department of Energy (referred to in this section as the Oak Ridge Lab ) released a report finding that adding hydroelectric power to the non-powered dams of the United States has the potential to add more than 12 gigawatts of new generating capacity; (2) the top 10 non-powered dams identified by the Oak Ridge Lab as having the highest hydroelectric power potential could alone supply 3 gigawatts of generating capacity; (3) of the 50 non-powered dams identified by the Oak Ridge Lab as having the highest hydroelectric power potential, 48 are Corps of Engineers civil works projects; (4) promoting non-Federal hydroelectric power at Corps of Engineers civil works projects increases the taxpayer benefit of those projects; (5) the development of non-Federal hydroelectric power at Corps of Engineers civil works projects— (A) can be accomplished in a manner that is consistent with authorized project purposes and the responsibilities of the Corps of Engineers to protect the environment; and (B) in many instances, may have additional environmental benefits; and (6) the development of non-Federal hydroelectric power at Corps of Engineers civil works projects could be promoted through— (A) clear and consistent lines of responsibility and authority within and across Corps of Engineers districts and divisions on hydroelectric power development activities; (B) consistent and corresponding processes for reviewing and approving hydroelectric power development; and (C) developing a means by which non-Federal hydroelectric power developers and stakeholders can resolve disputes with the Corps of Engineers concerning hydroelectric power development activities at Corps of Engineers civil works projects. (b) Policy Congress declares that it is the policy of the United States that— (1) the development of non-Federal hydroelectric power at Corps of Engineers civil works projects, including locks and dams, shall be given priority; (2) Corps of Engineers approval of non-Federal hydroelectric power at Corps of Engineers civil works projects, including permitting required under section 14 of the Act of March 3, 1899 (33 U.S.C. 408), shall be completed by the Corps of Engineers in a timely and consistent manner; and (3) approval of hydropower at Corps of Engineers civil works projects shall in no way diminish the other priorities and missions of the Corps of Engineers, including authorized project purposes and habitat and environmental protection. (c) Report Not later than 1 year after the date of enactment of this Act and each year thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that, at a minimum, shall include— (1) a description of initiatives carried out by the Secretary to encourage the development of hydroelectric power by non-Federal entities at Corps of Engineers civil works projects; (2) a list of all new hydroelectric power activities by non-Federal entities approved at Corps of Engineers civil works projects in that fiscal year, including the length of time the Secretary needed to approve those activities; (3) a description of the status of each pending application from non-Federal entities for approval to develop hydroelectric power at Corps of Engineers civil works projects; (4) a description of any benefits or impacts to the environment, recreation, or other uses associated with Corps of Engineers civil works projects at which non-Federal entities have developed hydroelectric power in the previous fiscal year; and (5) the total annual amount of payments or other services provided to the Corps of Engineers, the Treasury, and any other Federal agency as a result of approved non-Federal hydropower projects at Corps of Engineers civil works projects. 2010. Clarification of work-in-kind credit authority (a) Non-Federal cost share Section 7007 of the Water Resources Development Act of 2007 (121 Stat. 1277) is amended— (1) in subsection (a)— (A) by inserting , on, or after after before ; and (B) by inserting , program, after study each place it appears; (2) in subsections (b) and (e)(1), by inserting , program, after study each place it appears; and (3) by striking subsection (d) and inserting the following: (d) Treatment of credit between projects The value of any land, easements, rights-of-way, relocations, and dredged material disposal areas and the costs of planning, design, and construction work provided by the non-Federal interest that exceed the non-Federal cost share for a study, program, or project under this title may be applied toward the non-Federal cost share for any other study, program, or project carried out under this title. . (b) Implementation Not later than 90 days after the date of enactment of this Act, the Secretary, in coordination with any relevant agencies of the State of Louisiana, shall establish a process by which to carry out the amendments made by subsection (a)(3). (c) Effective date The amendments made by subsection (a) take effect on November 8, 2007. 2011. Transfer of excess work-in-kind credit (a) In general Subject to subsection (b), the Secretary may apply credit for in-kind contributions provided by a non-Federal interest that is in excess of the required non-Federal cost-share for a water resources study or project toward the required non-Federal cost-share for a different water resources study or project. (b) Restrictions (1) In general Except for subsection (a)(4)(D)(i) of that section, the requirements of section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b) (as amended by section 2012 of this Act) shall apply to any credit under this section. (2) Conditions Credit in excess of the non-Federal cost-share for a study or project may be approved under this section only if— (A) the non-Federal interest submits a comprehensive plan to the Secretary that identifies— (i) the studies and projects for which the non-Federal interest intends to provide in-kind contributions for credit that is in excess of the non-Federal cost share for the study or project; and (ii) the studies and projects to which that excess credit would be applied; (B) the Secretary approves the comprehensive plan; and (C) the total amount of credit does not exceed the total non-Federal cost-share for the studies and projects in the approved comprehensive plan. (c) Additional criteria In evaluating a request to apply credit in excess of the non-Federal cost-share for a study or project toward a different study or project, the Secretary shall consider whether applying that credit will— (1) help to expedite the completion of a project or group of projects; (2) reduce costs to the Federal Government; and (3) aid the completion of a project that provides significant flood risk reduction or environmental benefits. (d) Termination of authority The authority provided in this section shall terminate 10 years after the date of enactment of this Act. (e) Report (1) Deadlines (A) In general Not later than 2 years after the date of enactment of this Act, and once every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an interim report on the use of the authority under this section. (B) Final report Not later than 10 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a final report on the use of the authority under this section. (2) Inclusions The reports described in paragraph (1) shall include— (A) a description of the use of the authority under this section during the reporting period; (B) an assessment of the impact of the authority under this section on the time required to complete projects; and (C) an assessment of the impact of the authority under this section on other water resources projects. 2012. Credit for in-kind contributions (a) In general Section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) is amended— (1) in subparagraph (A), in the matter preceding clause (i) by inserting or a project under an environmental infrastructure assistance program after law ; (2) in subparagraph (C), by striking In any case and all that follows through the period at the end and inserting the following: (i) Construction (I) In general In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of construction carried out by the non-Federal interest before execution of a partnership agreement and that construction has not been carried out as of the date of enactment of this subparagraph, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work prior to the non-Federal interest initiating construction or issuing a written notice to proceed for the construction. (II) Eligibility Construction that is carried out after the execution of an agreement to carry out work described in subclause (I) and any design activities that are required for that construction, even if the design activity is carried out prior to the execution of the agreement to carry out work, shall be eligible for credit. (ii) Planning (I) In general In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of planning carried out by the non-Federal interest before execution of a feasibility cost sharing agreement, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work prior to the non-Federal interest initiating that planning. (II) Eligibility Planning that is carried out by the non-Federal interest after the execution of an agreement to carry out work described in subclause (I) shall be eligible for credit. ; (3) in subparagraph (D)(iii), by striking sections 101 and 103 and inserting sections 101(a)(2) and 103(a)(1)(A) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(a)(2); 33 U.S.C. 2213(a)(1)(A) ) ; (4) by redesignating subparagraph (E) as subparagraph (H); (5) by inserting after subparagraph (D) the following: (E) Analysis of costs and benefits In the evaluation of the costs and benefits of a project, the Secretary shall not consider construction carried out by a non-Federal interest under this subsection as part of the future without project condition. (F) Transfer of Credit between Separable Elements of a Project Credit for in-kind contributions provided by a non-Federal interest that are in excess of the non-Federal cost share for an authorized separable element of a project may be applied toward the non-Federal cost share for a different authorized separable element of the same project. (G) Application of Credit To the extent that credit for in-kind contributions, as limited by subparagraph (D), and credit for required land, easements, rights-of-way, dredged material disposal areas, and relocations provided by the non-Federal interest exceed the non-Federal share of the cost of construction of a project other than a navigation project, the Secretary shall reimburse the difference to the non-Federal interest, subject to the availability of funds. ; and (6) in subparagraph (H) (as redesignated by paragraph (4))— (A) in clause (i), by inserting , and to water resources projects authorized prior to the date of enactment of the Water Resources Development Act of 1986 ( Public Law 99–662 ), if correction of design deficiencies is necessary before the period at the end; and (B) by striking clause (ii) and inserting the following: (ii) Authorization in addition to specific credit provision In any case in which a specific provision of law authorizes credit for in-kind contributions provided by a non-Federal interest before the date of execution of a partnership agreement, the Secretary may apply the authority provided in this paragraph to allow credit for in-kind contributions provided by the non-Federal interest on or after the date of execution of the partnership agreement. . (b) Applicability Section 2003(e) of the Water Resources Development Act of 2007 ( 42 U.S.C. 1962d–5b ) is amended— (1) by inserting , or construction of design deficiency corrections on the project, after construction on the project ; and (2) by inserting , or under which construction of the project has not been completed and the work to be performed by the non-Federal interests has not been carried out and is creditable only toward any remaining non-Federal cost share, after has not been initiated . (c) Effective date The amendments made by subsections (a) and (b) take effect on November 8, 2007. (d) Guidelines (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall update any guidance or regulations for carrying out section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) (as amended by subsection (a)) that are in existence on the date of enactment of this Act or issue new guidelines, as determined to be appropriate by the Secretary. (2) Inclusions Any guidance, regulations, or guidelines updated or issued under paragraph (1) shall include, at a minimum— (A) the milestone for executing an in-kind memorandum of understanding for construction by a non-Federal interest; (B) criteria and procedures for evaluating a request to execute an in-kind memorandum of understanding for construction by a non-Federal interest that is earlier than the milestone under subparagraph (A) for that execution; and (C) criteria and procedures for determining whether work carried out by a non-Federal interest is integral to a project. (3) Public and stakeholder participation Before issuing any new or revised guidance, regulations, or guidelines or any subsequent updates to those documents, the Secretary shall— (A) consult with affected non-Federal interests; (B) publish the proposed guidelines developed under this subsection in the Federal Register; and (C) provide the public with an opportunity to comment on the proposed guidelines. (e) Other credit Nothing in section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) (as amended by subsection (a)) affects any eligibility for credit under section 104 of the Water Resources Development of 1986 ( 33 U.S.C. 2214 ) that was approved by the Secretary prior to the date of enactment of this Act. 2013. Credit in lieu of reimbursement Section 211(e)(2) of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13(e)(2)) is amended by adding at the end the following: (C) Studies or other projects On the request of a non-Federal interest, in lieu of reimbursing a non-Federal interest the amount equal to the estimated Federal share of the cost of an authorized flood damage reduction project or a separable element of an authorized flood damage reduction project under this subsection that has been constructed by the non-Federal interest under this section as of the date of enactment of this Act, the Secretary may provide the non-Federal interest with a credit in that amount, which the non-Federal interest may apply to the share of the cost of the non-Federal interest of carrying out other flood damage reduction projects or studies. . 2014. Dam optimization (a) Definition of other related project benefits In this section, the term other related project benefits includes— (1) environmental protection and restoration, including restoration of water quality and water flows, improving movement of fish and other aquatic species, and restoration of floodplains, wetlands, and estuaries; (2) increased water supply storage (except for any project in the Apalachicola-Chattahoochee-Flint River system and the Alabama-Coosa-Tallapoosa River system); (3) increased hydropower generation; (4) reduced flood risk; (5) additional navigation; and (6) improved recreation. (b) Program (1) In general The Secretary may carry out activities— (A) to improve the efficiency of the operations and maintenance of dams and related infrastructure operated by the Corps of Engineers; and (B) to maximize, to the extent practicable— (i) authorized project purposes; and (ii) other related project benefits. (2) Eligible activities An eligible activity under this section is any activity that the Secretary would otherwise be authorized to carry out that is designed to provide other related project benefits in a manner that does not adversely impact the authorized purposes of the project. (3) Impact on authorized purposes An activity carried out under this section shall not adversely impact any of the authorized purposes of the project. (4) Effect (A) Existing agreements Nothing in this section— (i) supersedes or modifies any written agreement between the Federal Government and a non-Federal interest that is in effect on the date of enactment of this Act; or (ii) supersedes or authorizes any amendment to a multistate water-control plan, including the Missouri River Master Water Control Manual (as in effect on the date of enactment of this Act). (B) Water rights Nothing in this section— (i) affects any water right in existence on the date of enactment of this Act; (ii) preempts or affects any State water law or interstate compact governing water; or (iii) affects any authority of a State, as in effect on the date of enactment of this Act, to manage water resources within that State. (5) Other laws (A) In general An activity carried out under this section shall comply with all other applicable laws (including regulations). (B) Water supply Any activity carried out under this section that results in any modification to water supply storage allocations at a reservoir operated by the Secretary shall comply with section 301 of the Water Supply Act of 1958 ( 43 U.S.C. 390b ). (c) Policies, regulations, and guidance The Secretary shall carry out a review of, and as necessary modify, the policies, regulations, and guidance of the Secretary to carry out the activities described in subsection (b). (d) Coordination (1) In general The Secretary shall— (A) coordinate all planning and activities carried out under this section with appropriate Federal, State, and local agencies and those public and private entities that the Secretary determines may be affected by those plans or activities; and (B) give priority to planning and activities under this section if the Secretary determines that— (i) the greatest opportunities exist for achieving the objectives of the program, as specified in subsection (b)(1), and (ii) the coordination activities under this subsection indicate that there is support for carrying out those planning and activities. (2) Non-federal interests Prior to carrying out an activity under this section, the Secretary shall consult with any applicable non-Federal interest of the affected dam or related infrastructure. (e) Reports (1) In general Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Secretary shall submit to Congress a report describing the actions carried out under this section. (2) Inclusions Each report under paragraph (1) shall include— (A) a schedule for reviewing the operations of individual projects; and (B) any recommendations of the Secretary on changes that the Secretary determines to be necessary— (i) to carry out existing project authorizations, including the deauthorization of any water resource project that the Secretary determines could more effectively be achieved through other means; (ii) to improve the efficiency of water resource project operations; and (iii) to maximize authorized project purposes and other related project benefits. (3) Updated report (A) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall update the report entitled Authorized and Operating Purposes of Corps of Engineers Reservoirs and dated July 1992, which was produced pursuant to section 311 of the Water Resources Development Act of 1990 (104 Stat. 4639). (B) Inclusions The updated report described in subparagraph (A) shall include— (i) the date on which the most recent review of project operations was conducted and any recommendations of the Secretary relating to that review the Secretary determines to be significant; and (ii) the dates on which the recommendations described in clause (i) were carried out. (f) Funding (1) In general The Secretary may use to carry out this section amounts made available to the Secretary from— (A) the general purposes and expenses account; (B) the operations and maintenance account; and (C) any other amounts that are appropriated to carry out this section. (2) Funding from other sources The Secretary may accept and expend amounts from non-Federal entities and other Federal agencies to carry out this section. (g) Cooperative agreements The Secretary may enter into cooperative agreements with other Federal agencies and non-Federal entities to carry out this section. 2015. Water supply Section 301 of the Water Supply Act of 1958 ( 43 U.S.C. 390b ) is amended by adding at the end the following: (e) The Committees of jurisdiction are very concerned about the operation of projects in the Apalachicola-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 concerns 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, agricultural uses, economic development, and other appropriate concerns. To that end, the Committees of jurisdiction strongly urge the Governors of the affected States to reach agreement on an interstate water compact as soon as possible, and we pledge our commitment to work with the affected States to ensure prompt consideration and approval of any such agreement. Absent such action, the Committees of jurisdiction should consider appropriate legislation to address these matters including any necessary clarifications to the Water Supply Act of 1958 or other law. This subsection does not alter existing rights or obligations under law. . 2016. Report on water storage pricing formulas (a) Findings Congress finds that— (1) due to the ongoing drought in many parts of the United States, communities are looking for ways to enhance their water storage on Corps of Engineer reservoirs so as to maintain a reliable supply of water into the foreseeable future; (2) water storage pricing formulas should be equitable and not create disparities between users; and (3) water pricing formulas should not be cost-prohibitive for communities. (b) Assessment (1) In general Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate an assessment of the water storage pricing formulas of the Corps of Engineers, which shall include an assessment of— (A) existing water storage pricing formulas of the Corps of Engineers, in particular whether those formulas produce water storage costs for some beneficiaries that are greatly disparate from the costs of other beneficiaries; and (B) whether equitable water storage pricing formulas could lessen the disparate impact and produce more affordable water storage for potential beneficiaries. (2) Report The Comptroller General of the United States shall submit to Congress a report on the assessment carried out under paragraph (1). 2017. Clarification of previously authorized work (a) In General The Secretary may carry out measures to improve fish species habitat within the footprint and downstream of a water resources project constructed by the Secretary that includes a fish hatchery if the Secretary— (1) has been explicitly authorized to compensate for fish losses associated with the project; and (2) determines that the measures are— (A) feasible; (B) consistent with authorized project purposes and the fish hatchery; and (C) in the public interest. (b) Cost Sharing (1) In general Subject to paragraph (2), the non-Federal interest shall contribute 35 percent of the total cost of carrying out activities under this section, including the costs relating to the provision or acquisition of required land, easements, rights-of-way, dredged material disposal areas, and relocations. (2) Operation and maintenance The non-Federal interest shall contribute 100 percent of the costs of operation, maintenance, replacement, repair, and rehabilitation of a project constructed under this section. (c) Authorization of appropriations For each fiscal year, there is authorized to be appropriated to carry out this section $30,000,000. 2018. Consideration of Federal land in feasibility studies At the request of the non-Federal interest, the Secretary shall include as part of a regional or watershed study any Federal land that is located within the geographic scope of that study. 2019. Planning assistance to States Section 22 of the Water Resources Development Act of 1974 ( 42 U.S.C. 1962d–16 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by inserting or other stakeholder working with a State after cooperate with any State ; and (ii) by inserting , including plans to comprehensively address water resources challenges, after of such State ; and (B) in paragraph (2)(A), by striking , at Federal expense, ; (2) in subsection (b)— (A) in paragraph (1), by striking subsection (a)(1) each place it appears and inserting subsection (a) ; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following: (2) Contributed funds The Secretary may accept and expend funds in excess of the fees established under paragraph (1) that are provided by a State or other non-Federal public body for assistance under this section. ; and (3) in subsection (c)— (A) in paragraph (1)— (i) by striking $10,000,000 and inserting $30,000,000 ; and (ii) by striking $2,000,000 and inserting $5,000,000 in Federal funds ; and (B) in paragraph (2), by striking $5,000,000 and inserting $15,000,000 . 2020. Vegetation management policy (a) Definition of national guidelines In this section, the term national guidelines means the Corps of Engineers policy guidelines for management of vegetation on levees, including— (1) Engineering Technical Letter 1110–2–571 entitled Guidelines for Landscape Planting and Vegetation Management at Levees, Floodwalls, Embankment Dams, and Appurtenant Structures and adopted April 10, 2009; and (2) the draft policy guidance letter entitled Process for Requesting a Variance from Vegetation Standards for Levees and Floodwalls (77 Fed. Reg. 9637 (Feb. 17, 2012)). (b) Review Not later than 180 days after the date of enactment of this Act, the Secretary shall carry out a comprehensive review of the national guidelines in order to determine whether current Federal policy relating to levee vegetation is appropriate for all regions of the United States. (c) Factors (1) In general In carrying out the review, the Secretary shall consider— (A) the varied interests and responsibilities in managing flood risks, including the need— (i) to provide for levee safety with limited resources; and (ii) to ensure that levee safety investments minimize environmental impacts and provide corresponding public safety benefits; (B) the levee safety benefits that can be provided by woody vegetation; (C) the preservation, protection, and enhancement of natural resources, including— (i) the benefit of vegetation on levees in providing habitat for endangered, threatened, and candidate species; and (ii) the impact of removing levee vegetation on compliance with other regulatory requirements; (D) protecting the rights of Indian tribes pursuant to treaties and statutes; (E) the available science and the historical record regarding the link between vegetation on levees and flood risk; (F) the avoidance of actions requiring significant economic costs and environmental impacts; and (G) other factors relating to the factors described in subparagraphs (A) through (F) identified in public comments that the Secretary determines to be appropriate. (2) Variance considerations (A) In general In carrying out the review, the Secretary shall specifically consider whether the national guidelines can be amended to promote and allow for consideration of variances from national guidelines on a Statewide, tribal, regional, or watershed basis, including variances based on— (i) soil conditions; (ii) hydrologic factors; (iii) vegetation patterns and characteristics; (iv) environmental resources, including endangered, threatened, or candidate species and related regulatory requirements; (v) levee performance history, including historical information on original construction and subsequent operation and maintenance activities; (vi) any effects on water supply; (vii) any scientific evidence on the link between levee vegetation and levee safety; (viii) institutional considerations, including implementation challenges; (ix) the availability of limited funds for levee construction and rehabilitation; (x) the economic and environmental costs of removing woody vegetation on levees; and (xi) other relevant factors identified in public comments that the Secretary determines to be appropriate. (B) Scope The scope of a variance approved by the Secretary may include a complete exemption to national guidelines, as the Secretary determines to be necessary. (d) Cooperation and consultation; recommendations (1) In general The Secretary shall carry out the review under this section in consultation with other applicable Federal agencies, representatives of State, regional, local, and tribal governments, appropriate nongovernmental organizations, and the public. (2) Recommendations The Chief of Engineers and any State, tribal, regional, or local entity may submit to the Secretary any recommendations for vegetation management policies for levees that conform with Federal and State laws, including recommendations relating to the review of national guidelines under subsection (b) and the consideration of variances under subsection (c)(2). (e) Peer review (1) In general As part of the review, the Secretary shall solicit and consider the views of the National Academy of Engineering and the National Academy of Sciences on the engineering, environmental, and institutional considerations underlying the national guidelines, including the factors described in subsection (c) and any information obtained by the Secretary under subsection (d). (2) Availability of views The views of the National Academy of Engineering and the National Academy of Sciences obtained under paragraph (1) shall be— (A) made available to the public; and (B) included in supporting materials issued in connection with the revised national guidelines required under subsection (f). (f) Revision of national guidelines (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall— (A) revise the national guidelines based on the results of the review, including— (i) recommendations received as part of the consultation described in subsection (d)(1); and (ii) the results of the peer review conducted under subsection (e); and (B) submit to Congress a report that contains a summary of the activities of the Secretary and a description of the findings of the Secretary under this section. (2) Content; incorporation into manual The revised national guidelines shall— (A) provide a practical, flexible process for approving Statewide, tribal, regional, or watershed variances from the national guidelines that— (i) reflect due consideration of the factors described in subsection (c); and (ii) incorporate State, tribal, and regional vegetation management guidelines for specific areas that have been adopted through a formal public process; and (B) be incorporated into the manual proposed under section 5(c) of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved August 18, 1941 (33 U.S.C. 701n(c)). (3) Failure to meet deadlines If the Secretary fails to submit a report by the required deadline under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a detailed explanation of— (A) why the deadline was missed; (B) solutions needed to meet the deadline; and (C) a projected date for submission of the report. (g) Continuation of work Concurrent with the completion of the requirements of this section, the Secretary shall proceed without interruption or delay with those ongoing or programmed projects and studies, or elements of projects or studies, that are not directly related to vegetation variance policy. (h) Interim actions (1) In general Until the date on which revisions to the national guidelines are adopted in accordance with subsection (f), the Secretary shall not require the removal of existing vegetation as a condition or requirement for any approval or funding of a project, or any other action, unless the specific vegetation has been demonstrated to present an unacceptable safety risk. (2) Revisions Beginning on the date on which the revisions to the national guidelines are adopted in accordance with subsection (f), the Secretary shall consider, on request of an affected entity, any previous action of the Corps of Engineers in which the outcome was affected by the former national guidelines. 2021. Levee certifications (a) Implementation of flood protection structure accreditation task force In carrying out section 100226 of the Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4101 note; 126 Stat. 942), the Secretary shall— (1) ensure that at least 1 program activity carried out under the inspection of completed works program of the Corps of Engineers provides adequate information to the Secretary to reach a levee accreditation decision for each requirement under section 65.10 of title 44, Code of Federal Regulations (or successor regulation); and (2) to the maximum extent practicable, carry out activities under the inspection of completed works program of the Corps of Engineers in alignment with the schedule established for the national flood insurance program established under chapter 1 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011 et seq. ). (b) Accelerated levee system evaluations and certifications (1) In general On receipt of a request from a non-Federal interest, the Secretary may carry out a levee system evaluation and certification of a federally authorized levee for purposes of the national flood insurance program established under chapter 1 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011 et seq. ) if the evaluation and certification will be carried out earlier than such an evaluation and certification would be carried out under subsection (a). (2) Requirements A levee system evaluation and certification under paragraph (1) shall— (A) at a minimum, comply with section 65.10 of title 44, Code of Federal Regulations (as in effect on the date of enactment of this Act); and (B) be carried out in accordance with such procedures as the Secretary, in consultation with the Director of the Federal Emergency Management Agency, may establish. (3) Cost Sharing (A) Non-Federal share Subject to subparagraph (B), the non-Federal share of the cost of carrying out a levee system evaluation and certification under this subsection shall be 35 percent. (B) Adjustment The Secretary shall adjust the non-Federal share of the cost of carrying out a levee system evaluation and certification under this subsection in accordance with section 103(m) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213(m) ). (4) Application Nothing in this subsection affects the requirement under section 100226(b)(2) of the Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4101 note; 126 Stat. 942). 2022. Restoration of flood and hurricane storm damage reduction projects (a) In general The Secretary shall carry out any measures necessary to repair or restore federally authorized flood and hurricane and storm damage reduction projects constructed by the Corps of Engineers to authorized levels (as of the date of enactment of this Act) of protection for reasons including settlement, subsidence, sea level rise, and new datum, if the Secretary determines the necessary work is technically feasible, environmentally acceptable, and economically justified. (b) Cost share The non-Federal share of the cost of construction of a project carried out under this section shall be determined as provided in subsections (a) through (d) of section 103 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213 ). (c) Operations and maintenance The non-Federal share of the cost of operations, maintenance, repair, replacement, and rehabilitation for a project carried out under this section shall be 100 percent. (d) Eligibility of projects transferred to non-Federal interest The Secretary may carry out measures described in subsection (a) on a water resources project, separable element of a project, or functional component of a project that has been transferred to the non-Federal interest. (e) Report to Congress Not later than 8 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the implementation of this section, including— (1) any recommendations relating to the continued need for the authority provided in this section; (2) a description of the measures carried out under this section; (3) any lessons learned relating to the measures implemented under this section; and (4) best practices for carrying out measures to restore flood and hurricane and storm damage reduction projects. (f) Termination of authority The authority to carry out a measure under this section terminates on the date that is 10 years after the date of enactment of this Act. (g) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $250,000,000. 2023. Operation and maintenance of certain projects The Secretary may assume operation and maintenance activities for a navigation channel that is deepened by a non-Federal interest prior to December 31, 2012, if— (1) the Secretary determines that the requirements under paragraphs (2) and (3) of section 204(f) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2232(f) ) are met; (2) the Secretary determines that the activities carried out by the non-Federal interest in deepening the navigation channel are economically justified and environmentally acceptable; and (3) the deepening activities have been carried out on a Federal navigation channel that— (A) exists as of the date of enactment of this Act; and (B) has been authorized by Congress. 2024. Dredging study (a) In general The Secretary, in conjunction with other relevant Federal agencies and applicable non-Federal interests, shall carry out a study— (1) to compare domestic and international dredging markets, including costs, technologies, and management approaches used in each respective market, and determine the impacts of those markets on dredging needs and practices in the United States; (2) to analyze past and existing practices, technologies, and management approaches used in dredging in the United States; and (3) to develop recommendations relating to the best techniques, practices, and management approaches for dredging in the United States. (b) Purposes The purposes of the study under this section are— (1) the identification of the best techniques, methods, and technologies for dredging, including the evaluation of the feasibility, cost, and benefits of— (A) new dredging technologies; and (B) improved dredging practices and techniques; (2) the appraisal of the needs of the United States for dredging, including the need to increase the size of private and Corps of Engineers dredging fleets to meet demands for additional construction or maintenance dredging needed as of the date of enactment of this Act and in the subsequent 20 years; (3) the identification of any impediments to dredging, including any recommendations of appropriate alternatives for responding to those impediments; (4) the assessment, including any recommendations of appropriate alternatives, of the adequacy and effectiveness of— (A) the economic, engineering, and environmental methods, models, and analyses used by the Chief of Engineers and private dredging operations for dredging; and (B) the current cost structure of construction contracts entered into by the Chief of Engineers; (5) the evaluation of the efficiency and effectiveness of past, current, and alternative dredging practices and alternatives to dredging, including agitation dredging; and (6) the identification of innovative techniques and cost-effective methods to expand regional sediment management efforts, including the placement of dredged sediment within river diversions to accelerate the creation of wetlands. (c) Study team (1) In general The Secretary shall establish a study team to assist the Secretary in planning, carrying out, and reporting on the results of the study under this section. (2) Study team The study team established pursuant to paragraph (1) shall— (A) be appointed by the Secretary; and (B) represent a broad spectrum of experts in the field of dredging and representatives of relevant State agencies and relevant non-Federal interests. (d) Public comment period The Secretary shall— (1) make available to the public, including on the Internet, all draft and final study findings under this section; and (2) allow for a public comment period of not less than 30 days on any draft study findings prior to issuing final study findings. (e) Report to congress Not later than 2 years after the date of enactment of this Act, and subject to available appropriations, the Secretary, in consultation with the study team established under subsection (c), shall submit a detailed report on the results of the study to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (f) Failure To meet deadlines If the Secretary does not complete the study under this section and submit a report to Congress under subsection (e) on or before the deadline described in that subsection, the Secretary shall notify Congress and describe why the study was not completed. 2025. Non-Federal project implementation pilot program (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish and implement a pilot program to evaluate the cost-effectiveness and project delivery efficiency of allowing non-Federal interests to carry out flood risk management, hurricane and storm damage reduction, coastal harbor and channel inland navigation, and aquatic ecosystem restoration projects. (b) Purposes The purposes of the pilot program are— (1) to identify project delivery and cost-saving alternatives that reduce the backlog of authorized Corps of Engineers projects; (2) to evaluate the technical, financial, and organizational efficiencies of a non-Federal interest carrying out the design, execution, management, and construction of 1 or more projects; and (3) to evaluate alternatives for the decentralization of the project management, design, and construction for authorized Corps of Engineers water resources projects. (c) Administration (1) In general In carrying out the pilot program, the Secretary shall— (A) identify a total of not more than 15 projects for flood risk management, hurricane and storm damage reduction (including levees, floodwalls, flood control channels, and water control structures), coastal harbor and channels, inland navigation, and aquatic ecosystem restoration that have been authorized for construction prior to the date of enactment of this Act, including— (i) not more than 12 projects that— (I) (aa) have received Federal funds prior to the date of enactment of this Act; or (bb) for more than 2 consecutive fiscal years, have an unobligated funding balance for that project in the Corps of Engineers construction account; and (II) to the maximum extent practicable, are located in each of the divisions of the Corps of Engineers; and (ii) not more than 3 projects that have not received Federal funds in the period beginning on the date on which the project was authorized and ending on the date of enactment of this Act; (B) 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 identification of each project under the pilot program; (C) in collaboration with the non-Federal interest, develop a detailed project management plan for each identified project that outlines the scope, budget, design, and construction resource requirements necessary for the non-Federal interest to execute the project, or a separable element of the project; (D) on the request of the non-Federal interest, enter into a project partnership agreement with the non-Federal interest for the non-Federal interest to provide full project management control for construction of the project, or a separable element of the project, in accordance with plans approved by the Secretary; (E) following execution of the project partnership agreement, transfer to the non-Federal interest to carry out construction of the project, or a separable element of the project— (i) if applicable, the balance of the unobligated amounts appropriated for the project, except that the Secretary shall retain sufficient amounts for the Corps of Engineers to carry out any responsibilities of the Corps of Engineers relating to the project and pilot program; and (ii) additional amounts, as determined by the Secretary, from amounts made available under subsection (h), except that the total amount transferred to the non-Federal interest shall not exceed the updated estimate of the Federal share of the cost of construction, including any required design; and (F) regularly monitor and audit each project being constructed by a non-Federal interest under this section to ensure that the construction activities are carried out in compliance with the plans approved by the Secretary and that the construction costs are reasonable. (2) Detailed project schedule Not later than 180 days after entering into an agreement under paragraph (1)(D), each non-Federal interest, to the maximum extent practicable, shall submit to the Secretary a detailed project schedule, based on estimated funding levels, that lists all deadlines for each milestone in the construction of the project. (3) Technical assistance On the request of a non-Federal interest, the Secretary may provide technical assistance to the non-Federal interest, if the non-Federal interest contracts with and compensates the Secretary for the technical assistance relating to— (A) any study, engineering activity, and design activity for construction carried out by the non-Federal interest under this section; and (B) expeditiously obtaining any permits necessary for the project. (d) Cost-share Nothing in this section affects the cost-sharing requirement applicable on the day before the date of enactment of this Act to a project carried out under this section. (e) Report (1) In general Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report detailing the results of the pilot program carried out under this section, including— (A) a description of the progress of non-Federal interests in meeting milestones in detailed project schedules developed pursuant to subsection (c)(2); and (B) any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis. (2) Update Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an update of the report described in paragraph (1). (3) Failure to meet deadline If the Secretary fails to submit a report by the required deadline under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation Infrastructure of the House of Representatives a detailed explanation of why the deadline was missed and a projected date for submission of the report. (f) Administration All laws and regulations that would apply to the Secretary if the Secretary were carrying out the project shall apply to a non-Federal interest carrying out a project under this section. (g) Termination of Authority The authority to commence a project under this section terminates on the date that is 5 years after the date of enactment of this Act. (h) Authorization of appropriations In addition to any amounts appropriated for a specific project, there is authorized to be appropriated to the Secretary to carry out the pilot program under this section, including the costs of administration of the Secretary, $25,000,000 for each of fiscal years 2014 through 2018. 2026. Non-Federal implementation of feasibility studies (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish and implement a pilot program to evaluate the cost-effectiveness and project delivery efficiency of allowing non-Federal interests to carry out feasibility studies for flood risk management, hurricane and storm damage reduction, aquatic ecosystem restoration, and coastal harbor and channel and inland navigation. (b) Purposes The purposes of the pilot program are— (1) to identify project delivery and cost-saving alternatives to the existing feasibility study process; (2) to evaluate the technical, financial, and organizational efficiencies of a non-Federal interest carrying out a feasibility study of 1 or more projects; and (3) to evaluate alternatives for the decentralization of the project planning, management, and operational decisionmaking process of the Corps of Engineers. (c) Administration (1) 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— (A) flood risk management; (B) hurricane and storm damage reduction, including levees, floodwalls, flood control channels, and water control structures; (C) coastal harbor and channel and inland navigation; and (D) aquatic ecosystem restoration. (2) Use of non-Federal-funds (A) In general A non-Federal interest that has entered into an agreement with the Secretary pursuant to paragraph (1) may use non-Federal funds to carry out the feasibility study. (B) 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 section 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 conditions that— (i) non-Federal funds were used to carry out the activities that would have been the responsibility of the Secretary; (ii) the Secretary determines that the feasibility study complies with all 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 paragraph (1). (3) Transfer of funds (A) In general After the date on which an agreement is executed pursuant to paragraph (1), the Secretary may transfer to the non-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 responsibilities of the Corps of Engineers relating to the project and pilot program; and (ii) additional amounts, as determined by the Secretary, from amounts made available under subsection (h), except that the total amount transferred to the non-Federal interest shall not exceed the updated estimate of the Federal share of the cost of the feasibility study. (B) Administration The Secretary shall include such provisions as the Secretary determines to be necessary in an agreement under paragraph (1) to ensure that a non-Federal interest receiving Federal funds under this paragraph— (i) has the necessary qualifications to administer those funds; and (ii) will comply with all applicable Federal laws (including regulations) relating to the use of those funds. (4) Notification The Secretary shall notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the initiation of each feasibility study under the pilot program. (5) Auditing The Secretary shall regularly monitor and audit each feasibility study carried out by a non-Federal interest under this section to ensure that the use of any funds transferred under paragraph (3) are used in compliance with the agreement signed under paragraph (1). (6) Technical assistance On the request of a non-Federal interest, the Secretary may provide technical assistance to the non-Federal interest relating to any aspect of the feasibility study, if the non-Federal interest contracts with the Secretary for the technical assistance and compensates the Secretary for the technical assistance. (7) Detailed project schedule Not later than 180 days after entering into an agreement under paragraph (1), each non-Federal interest, to the 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. (d) Cost-share Nothing in this section affects the cost-sharing requirement applicable on the day before the date of enactment of this Act to a feasibility study carried out under this section. (e) Report (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report detailing the results of the pilot program carried out under this section, including— (A) a description of the progress of the non-Federal interests in meeting milestones in detailed project schedules developed pursuant to subsection (c)(7); and (B) any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis. (2) Update Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an update of the report described in paragraph (1). (3) Failure to meet deadline If the Secretary fails to submit a report by the required deadline under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation Infrastructure of the House of Representatives a detailed explanation of why the deadline was missed and a projected date for submission of the report. (f) Administration All laws and regulations that would apply to the Secretary if the Secretary were carrying out the feasibility study shall apply to a non-Federal interest carrying out a feasibility study under this section. (g) Termination of authority The authority to commence a feasibility study under this section terminates on the date that is 5 years after the date of enactment of this Act. (h) 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 program under this section, including the costs of administration of the Secretary, $25,000,000 for each of fiscal years 2014 through 2018. 2027. Tribal partnership program Section 203 of the Water Resources Development Act of 2000 ( 33 U.S.C. 2269 ) is amended— (1) in subsection (d)(1)(B)— (A) by striking The ability and inserting the following: (i) In general The ability ; and (B) by adding at the end the following: (ii) Determination Not later than 180 days after the date of enactment of the Water Resources Development Act of 2013 , the Secretary shall issue guidance on the procedures described in clause (i). ; and (2) in subsection (e), by striking 2012 and inserting 2023 . 2028. Cooperative agreements with Columbia River Basin Indian tribes The Secretary may enter into a cooperative agreement with 1 or more federally recognized Indian tribes (or a designated representative of the Indian tribes) that are located, in whole or in part, within the boundaries of the Columbia River Basin to carry out authorized activities within the Columbia River Basin to protect fish, wildlife, water quality, and cultural resources. 2029. Military munitions response actions at civil works shoreline protection projects (a) In general The Secretary may implement any response action the Secretary determines to be necessary at a site where— (1) the Secretary has carried out a project under civil works authority of the Secretary that includes placing sand on a beach; (2) as a result of the project described in paragraph (1), military munitions that were originally released as a result of Department of Defense activities are deposited on the beach, posing a threat to human health or the environment. (b) Response action funding A response action described in subsection (a) shall be funded from amounts made available to the agency within the Department of Defense responsible for the original release of the munitions. 2030. Beach nourishment Section 156 of the Water Resources Development Act of 1976 ( 42 U.S.C. 1962d–5f ) is amended to read as follows: 156. Beach nourishment (a) In general Subject to subsection (b)(2)(A), the Secretary of the Army, acting through the Chief of Engineers, may provide periodic beach nourishment for each water resources development project for which that nourishment has been authorized for an additional period of time, as determined by the Secretary, subject to the condition that the additional period shall not exceed the later of— (1) 50 years after the date on which the construction of the project is initiated; or (2) the date on which the last estimated periodic nourishment for the project is to be carried out, as recommended in the applicable report of the Chief of Engineers. (b) Extension (1) In general Except as provided in paragraph (3), before the date on which the 50-year period referred to in subsection (a)(1) expires, the Secretary of the Army, acting through the Chief of Engineers— (A) may, at the request of the non-Federal interest and subject to the availability of appropriations, carry out a review of a nourishment project carried out under subsection (a) to evaluate the feasibility of continuing Federal participation in the project for a period not to exceed 15 years; and (B) shall submit to Congress any recommendations of the Secretary relating to the review. (2) Plan for reducing risk to people and property (A) In general The non-Federal interest shall submit to the Secretary a plan for reducing the risk to people and property during the life of the project. (B) Inclusion in report to Congress The Secretary shall submit to Congress the plan described in subparagraph (A) with the recommendations submitted in paragraph (1)(B). (3) Review commenced within 2 years of expiration of 50-year period (A) In general If the Secretary of the Army commences a review under paragraph (1) not earlier than the period beginning on the date that is 2 years before the date on which the 50-year period referred to in subsection (a)(1) expires and ending on the date on which the 50-year period expires, the project shall remain authorized after the expiration of the 50-year period until the earlier of— (i) 3 years after the expiration of the 50-year period; or (ii) the date on which a determination is made as to whether to extend Federal participation in the project in accordance with paragraph (1). (B) Calculation of time period for extension Notwithstanding clauses (i) and (ii) of subparagraph (A) and after a review under subparagraph (A) is completed, if a determination is made to extend Federal participation in the project in accordance with paragraph (1) for a period not to exceed 15 years, that period shall begin on the date on which the determination is made. . 2031. Regional sediment management Section 204 of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326 ) (as amended by section 2003(c)) is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting or used in after obtained through ; and (B) in paragraph (3)(C), by inserting for the purposes of improving environmental conditions in marsh and littoral systems, stabilizing stream channels, enhancing shorelines, and supporting State and local risk management adaptation strategies before the period at the end; (2) in subsection (c)(1)(B)— (A) in clause (i), by striking clause (ii) and inserting clauses (ii) and (iii) ; (B) by redesignating clause (ii) as clause (iii); and (C) by inserting after clause (i) the following: (ii) Reduction in non-Federal share The Secretary may reduce the non-Federal share of the costs of construction of a project if the Secretary determines that, through the beneficial use of sediment at another Federal project, there will be an associated reduction or avoidance of Federal costs. ; (3) in subsection (d)— (A) by striking the subsection designation and heading and inserting the following: (d) Selection of Dredged Material Disposal Method for Purposes Related to Environmental Restoration or Storm Damage and Flood Reduction ; and (B) in paragraph (1), by striking in relation to and all that follows through the period at the end and inserting “in relation to— (A) the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetlands and control of shoreline erosion; or (B) the flood and storm damage and flood reduction benefits, including shoreline protection, protection against loss of life, and damage to improved property. ; and (4) in subsection (e), by striking paragraph (1) and inserting the following: (1) cooperate with any State or group of States in the preparation of a comprehensive State or regional sediment management plan within the boundaries of the State or among States; . 2032. Study acceleration (a) Findings Congress finds that— (1) delays in the completion of feasibility studies— (A) increase costs for the Federal Government as well as State and local governments; and (B) delay the implementation of water resources projects that provide critical benefits, including reducing flood risk, maintaining commercially important flood risk, and restoring vital ecosystems; and (2) the efforts undertaken by the Corps of Engineers through the establishment of the 3–3–3 planning process should be continued. (b) Acceleration of Studies (1) In general Subject to paragraphs (2) and (3), a feasibility study initiated after the date of enactment of this Act shall— (A) be completed not later than 3 years after the date of initiation of the study; and (B) have a maximum Federal cost share of $3,000,000. (2) Ability to comply On initiating a feasibility study under paragraph (1), the Secretary shall— (A) certify that the study will comply with the requirements of paragraph (1); (B) for projects the Secretary determines to be too complex to comply with the requirements of paragraph (1)— (i) not less than 30 days after making a determination, notify the non-Federal interest regarding the inability to comply; and (ii) provide a new projected timeline and cost; and (C) if the study conditions have changed such that scheduled timelines or study costs will not be met— (i) not later than 30 days after the study conditions change, notify the non-Federal interest of those changed conditions; and (ii) present the non-Federal interest with a new timeline for completion and new projected study costs. (3) Appropriations (A) In general All timeline and cost conditions under this section shall be subject to the Secretary receiving adequate appropriations for meeting study timeline and cost requirements. (B) Notification Not later than 60 days after receiving appropriations, the Secretary shall notify the non-Federal interest of any changes to timelines or costs due to inadequate appropriations. (c) Report Not later than 18 months after the date of enactment of this Act and each year thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes— (1) the status of the implementation of the 3–3–3 planning process, including the number of participating projects; (2) the amount of time taken to complete all studies participating in the 3–3–3 planning process; and (3) any recommendations for additional authority necessary to support efforts to expedite the feasibility study process for water resource projects. 2033. Project acceleration Section 2045 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2348 ) is amended to read as follows: 2045. Project acceleration (a) Definitions In this section: (1) Environmental impact statement The term environmental impact statement means the detailed statement of environmental impacts of water resource projects required to be prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Environmental review process (A) In general The term environmental review process means the process of preparing an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for a water resource project. (B) Inclusions The term environmental review process includes the process for and completion of any environmental permit, approval, review, or study required for a water resource project under any Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (3) Federal jurisdictional agency The term Federal jurisdictional agency means a Federal agency with jurisdiction delegated by law, regulation, order, or otherwise over an approval or decision required for a water resource project under applicable Federal laws (including regulations). (4) Lead agency The term lead agency means the Corps of Engineers and, if applicable, any State, local, or tribal governmental entity serving as a joint lead agency pursuant to section 1506.3 of title 40, Code of Federal Regulations (or a successor regulation). (5) Water resource project The term water resource project means a Corps of Engineers water resource project. (b) Policy The benefits of water resource projects designed and carried out in an economically and environmentally sound manner are important to the economy and environment of the United States, and recommendations to Congress regarding those projects should be developed using coordinated and efficient review and cooperative efforts to prevent or quickly resolve disputes during the planning of those water resource projects. (c) Applicability (1) In general The project planning procedures under this section apply to proposed projects initiated after the date of enactment of the Water Resources Development Act of 2013 and for which the Secretary determines that— (A) an environmental impact statement is required; or (B) at the discretion of the Secretary, other water resource projects for which an environmental review process document is required to be prepared. (2) Flexibility Any authorities granted in this section may be exercised, and any requirements established under this section may be satisfied, for the planning of a water resource project, a class of those projects, or a program of those projects. (3) List of water resources development projects (A) In general The Secretary shall annually prepare, and make publicly available, a separate list of each study that the Secretary has determined— (i) meets the standards described in paragraph (1); and (ii) does not have adequate funding to make substantial progress toward the completion of the planning activities for the water resource project. (B) Inclusions The Secretary shall include for each study on the list under subparagraph (A) a description of the estimated amounts necessary to make substantial progress on the study. (4) Implementation guidance The Secretary shall prepare, in consultation with the Council on Environmental Quality and other Federal agencies with jurisdiction over actions or resources that may be impacted by a water resource project, guidance documents that describe the coordinated review processes that the Secretary will use to implement this section for the planning of water resource projects, in accordance with the civil works program of the Corps of Engineers and all applicable law. (d) Water resource project review process (1) In general The Secretary shall develop and implement a coordinated review process for the development of water resource projects. (2) Coordinated review The coordinated review process described in paragraph (1) shall require that any analysis, opinion, permit, license, statement, and approval issued or made by a Federal, State, or local governmental agency or an Indian tribe for the planning of a water resource project described in subsection (b) be conducted, to the maximum extent practicable, concurrently with any other applicable governmental agency or Indian tribe. (3) Timing The coordinated review process under this subsection shall be completed not later than the date on which the Secretary, in consultation and concurrence with the agencies identified under subsection (e), establishes with respect to the water resource project. (e) Identification of jurisdictional agencies With respect to the development of each water resource project, the Secretary shall identify, as soon as practicable, all Federal, State, and local government agencies and Indian tribes that may— (1) have jurisdiction over the water resource project; (2) be required by law to conduct or issue a review, analysis, or opinion for the water resource project; or (3) be required to make a determination on issuing a permit, license, or approval for the water resource project. (f) State authority If the coordinated review process is being implemented under this section by the Secretary with respect to the planning of a water resource project described in subsection (c) within the boundaries of a State, the State, consistent with State law, may choose to participate in the process and to make subject to the process all State agencies that— (1) have jurisdiction over the water resource project; (2) are required to conduct or issue a review, analysis, or opinion for the water resource project; or (3) are required to make a determination on issuing a permit, license, or approval for the water resource project. (g) Lead agencies (1) Federal lead agency Subject to paragraph (2), the Corps of Engineers shall be the lead Federal agency in the environmental review process for a water resource project. (2) Joint lead agencies (A) In general At the discretion of the Secretary and subject to any applicable regulations under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), including the concurrence of the proposed joint lead agency, an agency other than the Corps of Engineers may serve as the joint lead agency. (B) Non-Federal interest as joint lead agency A non-Federal interest that is a State or local governmental entity— (i) may, with the concurrence of the Secretary, serve as a joint lead agency with the Corps of Engineers for purposes of preparing any environmental document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (ii) may prepare any environmental review process document under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) required in support of any action or approval by the Secretary if— (I) the Secretary provides guidance in the preparation process and independently evaluates that document (II) the non-Federal interest complies with all requirements applicable to the Secretary under— (aa) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (bb) any regulation implementing that Act; and (cc) any other applicable Federal law; and (III) the Secretary approves and adopts the document before the Secretary takes any subsequent action or makes any approval based on that document, regardless of whether the action or approval of the Secretary results in Federal funding. (3) Duties The Secretary shall ensure that— (A) the non-Federal interest complies with all design and mitigation commitments made jointly by the Secretary and the non-Federal interest in any environmental document prepared by the non-Federal interest in accordance with this subsection; and (B) any environmental document prepared by the non-Federal interest is appropriately supplemented under paragraph (2)(B) to address any changes to the water resource project the Secretary determines are necessary. (4) Adoption and use of documents Any environmental document prepared in accordance with this subsection may be adopted or used by any Federal agency making any approval to the same extent that the Federal agency could adopt or use a document prepared by another Federal agency under— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (B) parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regulations). (5) Roles and responsibility of lead agency With respect to the environmental review process for any water resource project, the lead agency shall have authority and responsibility— (A) to take such actions as are necessary and proper and within the authority and responsibility of the lead agency to facilitate the expeditious resolution of the environmental review process for the water resource project; and (B) to prepare or ensure that any required environmental impact statement or other environmental review document for a water resource project required to be completed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) is completed in accordance with this section and applicable Federal law. (h) Participating and cooperating agencies (1) Invitation (A) In general The lead agency shall identify, as early as practicable in the environmental review process for a water resource project, any other Federal or non-Federal agencies that may have an interest in that project and invite those agencies to become participating or cooperating agencies, as applicable, in the environmental review process for the water resource project. (B) Procedures Section 1501.6 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the Water Resources Development Act of 2013 ) shall govern the identification and the participation of a cooperating agency under subparagraph (A). (C) Deadline An invitation to participate issued under subparagraph (A) shall set a deadline by which a response to the invitation shall be submitted, which may be extended by the lead agency for good cause. (2) Federal cooperating agencies Any Federal agency that is invited by the lead agency to participate in the environmental review process for a water resource project shall be designated as a cooperating agency by the lead agency unless the invited agency informs the lead agency, in writing, by the deadline specified in the invitation that the invited agency— (A) (i) has no jurisdiction or authority with respect to the water resource project; (ii) has no expertise or information relevant to the water resource project; or (iii) does not have adequate funds to participate in the water resource project; and (B) does not intend to submit comments on the water resource project. (3) Effect of designation Designation as a participating or cooperating agency under this subsection shall not imply that the participating or cooperating agency— (A) supports a proposed water resource project; or (B) has any jurisdiction over, or special expertise with respect to evaluation of, the water resource project. (4) Concurrent reviews Each cooperating agency shall— (A) carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process, unless doing so would impair the ability of the Federal agency to conduct needed analysis or otherwise carry out those obligations; and (B) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner. (i) Programmatic compliance (1) In general The Secretary shall issue guidance regarding the use of programmatic approaches to carry out the environmental review process that— (A) eliminates repetitive discussions of the same issues; (B) focuses on the actual issues ripe for analyses at each level of review; (C) establishes a formal process for coordinating with cooperating agencies, including the creation of a list of all data that is needed to carry out an environmental review process; and (D) complies with— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (ii) all other applicable laws. (2) Requirements In carrying out paragraph (1), the Secretary shall— (A) as the first step in drafting guidance under that paragraph, consult with relevant Federal and State agencies, Indian tribes, and the public on the appropriate use and scope of the programmatic approaches; (B) emphasize the importance of collaboration among relevant Federal agencies, State agencies, and Indian tribes in undertaking programmatic reviews, especially with respect to including reviews with a broad geographical scope; (C) ensure that the programmatic reviews— (i) promote transparency, including of the analyses and data used in the environmental review process, the treatment of any deferred issues raised by Federal, State, or tribal agencies, or the public, and the temporal and special scales to be used to analyze those issues; (ii) use accurate and timely information in the environmental review process, including— (I) criteria for determining the general duration of the usefulness of the review; and (II) the timeline for updating any out-of-date review; (iii) describe— (I) the relationship between programmatic analysis and future tiered analysis; and (II) the role of the public in the creation of future tiered analysis; and (iv) are available to other relevant Federal and State agencies, Indian tribes, and the public; (D) allow not fewer than 60 days of public notice and comment on any proposed guidance; and (E) address any comments received under subparagraph (D). (j) Coordinated reviews (1) Coordination plan (A) Establishment (i) In general The lead agency shall, after consultation with and with the concurrence of each cooperating agency for the water resource project and the non-Federal interest or joint lead agency, as applicable, establish a plan for coordinating public and agency participation in, and comment on, the environmental review process for a water resource project or a category of water resource projects. (ii) Incorporation The plan established under clause (i) shall be incorporated into the project schedule milestones set under section 905(g)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2282(g)(2)). (2) Comment deadlines The lead agency shall establish the following deadlines for comment during the environmental review process for a water resource project: (A) Draft environmental impact statements For comments by Federal and States agencies and the public on a draft environmental impact statement, a period of not more than 60 days after publication in the Federal Register of notice of the date of public availability of the draft environmental impact statement, unless— (i) a different deadline is established by agreement of the lead agency, the non-Federal interest, as applicable, and all participating and cooperating agencies; or (ii) the deadline is extended by the lead agency for good cause. (B) Other environmental review processes For all comment periods established by the lead agency for agency or public comments in the environmental review process of an action within a program under the authority of the lead agency other than for a draft environmental impact statement, a period of not more than 30 days after the date on which the materials on which comment is requested are made available, unless— (i) a different deadline is established by agreement of the lead agency, the non-Federal interest, and all cooperating agencies; or (ii) the deadline is extended by the lead agency for good cause. (3) Deadlines for decisions under other laws In any case in which a decision under any Federal law relating to a project, including the issuance or denial of a permit or license, is required to be made by the date described in subsection (k)(6)(B)(ii), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives— (A) as soon as practicable after the 180-day period described in subsection (k)(6)(B)(ii), an initial notice of the failure of the Federal agency to make the decision; and (B) every 60 days thereafter until such date as all decisions of the Federal agency relating to the project have been made by the Federal agency, an additional notice that describes the number of decisions of the Federal agency that remain outstanding as of the date of the additional notice. (4) Involvement of the public Nothing in this subsection reduces any time period provided for public comment in the environmental review process under applicable Federal law (including regulations). (k) Issue identification and resolution (1) Cooperation The lead agency, the cooperating agencies, and any participating agencies shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion of the environmental review process or result in the denial of any approval required for the water resource project under applicable laws. (2) Lead agency responsibilities (A) In general The lead agency shall make information available to the cooperating agencies and participating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the water resource project area and the general locations of the alternatives under consideration. (B) Data sources The information under subparagraph (A) may be based on existing data sources, including geographic information systems mapping. (3) Cooperating and participating agency responsibilities Based on information received from the lead agency, cooperating and participating agencies shall identify, as early as practicable, any issues of concern regarding the potential environmental or socioeconomic impacts of the water resource project, including any issues that could substantially delay or prevent an agency from granting a permit or other approval that is needed for the water resource project. (4) Interim decision on achieving accelerated decisionmaking (A) In general Not later than 45 days after the close of the public comment period on a draft environmental impact statement, the Secretary may convene a meeting with the non-Federal interest or joint lead agency, as applicable, relevant resource agencies, and relevant Federal and State agencies to establish a schedule of deadlines to complete decisions regarding the water resource project. (B) Deadlines (i) In general The deadlines referred to in subparagraph (A) shall be those established by the Secretary, in consultation with and with the concurrence of the non-Federal interest or joint lead agency, as applicable, and other relevant Federal and State agencies. (ii) Factors for consideration In establishing a schedule, the Secretary shall consider factors such as— (I) the responsibilities of cooperating agencies under applicable laws; (II) the resources available to the non-Federal interest, joint lead agency, and other relevant Federal and State agencies, as applicable; (III) the overall size and complexity of the water resource project; (IV) the overall schedule for and cost of the water resource project; and (V) the sensitivity of the natural and historical resources that could be affected by the water resource project. (iii) Modifications The Secretary may— (I) lengthen a schedule under clause (i) for good cause; and (II) shorten a schedule only with concurrence of the affected non-Federal interest, joint lead agency, or relevant Federal and State agencies, as applicable. (C) Failure to meet deadline If the agencies described in subparagraph (A) cannot provide reasonable assurances that the deadlines described in subparagraph (B) will be met, the Secretary may initiate the issue resolution and referral process described under paragraph (5) before the completion of the record of decision. (5) Accelerated issue resolution and elevation (A) Agency issue resolution meeting (i) In general A cooperating agency or non-Federal interest may request an issue resolution meeting to be conducted by the Secretary. (ii) Action by Secretary The Secretary shall convene an issue resolution meeting under clause (i) with the relevant cooperating agencies and the non-Federal interest, as applicable, to resolve issues that could— (I) delay completion of the environmental review process; or (II) conflict with the ability of a cooperating agency to carry out applicable Federal laws (including regulations). (iii) Date A meeting requested under this subparagraph shall be held not later than 21 days after the date on which the Secretary receives the request for the meeting, unless the Secretary determines that there is good cause to extend that deadline. (iv) Notification On receipt of a request for a meeting under this subparagraph, the Secretary shall notify all relevant cooperating agencies of the request, including the issue to be resolved and the date for the meeting. (v) Disputes If a relevant cooperating agency with jurisdiction over an action, including a permit approval, review, or other statement or opinion required for a water resource project under applicable law determines that the relevant information necessary to resolve the issue has not been obtained and could not have been obtained within a reasonable time, but the Secretary disagrees, the resolution of the dispute shall be forwarded to the heads of the relevant agencies for resolution. (vi) Convention by lead agency The Secretary may convene an issue resolution meeting under this subsection at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under clause (i). (vii) Exception (I) In general The issue resolution and referral process under this subparagraph shall not be initiated if the applicable agency— (aa) notifies, with a supporting explanation, the lead agency, cooperating agencies, and non-Federal interest, as applicable, that— (AA) the agency has not received necessary information or approvals from another entity in a manner that affects the ability of the agency to meet any requirements under Federal, tribal, State, or local law; (BB) significant new information, including from public comments, or circumstances, including a major modification to an aspect of the water resource project, requires additional analysis for the agency to make a decision on the water resource project application; or (CC) the agency lacks the financial resources to complete the review under the scheduled time frame, including a description of the number of full-time employees required to complete the review, the amount of funding required to complete the review, and a justification as to why there is not enough funding available to complete the review by the deadline; and (bb) establishes a new deadline for completion of the review. (II) Inspector General If the applicable agency makes a certification under subclause (I)(aa)(CC), the Inspector General of the applicable agency shall conduct a financial audit to review that certification and submit a report on that certification within 90 days to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (B) Elevation of issue resolution (i) In general If issue resolution is not achieved by not later than 30 days after the date on which a relevant meeting is held under subparagraph (A), the Secretary shall notify the heads of the relevant cooperating agencies and the non-Federal interest that an issue resolution meeting will be convened. (ii) Requirements The Secretary shall identify the issues to be addressed at the meeting and convene the meeting not later than 30 days after the date on which the notice is issued. (C) Submission of issue resolution (i) Submission to Council on Environmental Quality (I) In general If a resolution is not achieved by not later than 30 days after the date on which an issue resolution meeting is held under subparagraph (B), the Secretary shall submit the matter to the Council on Environmental Quality. (II) Meeting Not later than 30 days after the date on which the Council on Environmental Quality receives a submission from the Secretary under subclause (I), the Council on Environmental Quality shall hold an issue resolution meeting with the lead agency, the heads of relevant cooperating agencies and the non-Federal interest. (III) Additional hearings The Council on Environmental Quality may hold public meetings or hearings to obtain additional views and information that the Council on Environmental Quality determines are necessary, consistent with the time frames described in this paragraph. (ii) Remedies Not later than 30 days after the date on which an issue resolution meeting is convened by the Council on Environmental Quality under clause (i)(II), the Secretary shall— (I) publish findings that explain how the issue was resolved and recommendations (including, where appropriate, a finding that the submission does not support the position of the submitting agency); or (II) if the resolution of the issue was not achieved, submit to the President for action— (aa) the submission; (bb) any views or additional information developed during any additional hearings under clause (i)(III); and (cc) the recommendation of the Council on Environmental Quality. (6) Financial penalty provisions (A) In general A Federal jurisdictional agency shall complete any required approval or decision on an expeditious basis using the shortest existing applicable process. (B) Failure to decide (i) In general If a Federal jurisdictional agency fails to render a decision under any Federal law relating to a water resource project that requires the preparation of an environmental impact statement or environmental assessment, including the issuance or denial of a permit, license, statement, opinion, or other approval by the date described in clause (ii), the amount of funds made available to support the office of the head of the Federal jurisdictional agency shall be reduced by an amount of funding equal to the amounts specified in subclause (I) or (II) and those funds shall be made available to the division of the Federal jurisdictional agency charged with rendering the decision by not later than 1 day after the applicable date under clause (ii), and once each week thereafter until a final decision is rendered, subject to subparagraph (C)— (I) $20,000 for any water resource project requiring the preparation of an environmental assessment or environmental impact statement; or (II) $10,000 for any water resource project requiring any type of review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) other than an environmental assessment or environmental impact statement. (ii) Description of date The date referred to in clause (i) is the later of— (I) the date that is 180 days after the date on which an application for the permit, license, or approval is complete; and (II) the date that is 180 days after the date on which the Federal lead agency issues a decision on the water resource project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (C) Limitations (i) In general No transfer of funds under subparagraph (B) relating to an individual water resource project shall exceed, in any fiscal year, an amount equal to 1 percent of the funds made available for the applicable agency office. (ii) Failure to decide The total amount transferred in a fiscal year as a result of a failure by an agency to make a decision by an applicable deadline shall not exceed an amount equal to 5 percent of the funds made available for the applicable agency office for that fiscal year. (iii) Aggregate Notwithstanding any other provision of law, for each fiscal year, the aggregate amount of financial penalties assessed against each applicable agency office under title II of the Water Resources Development Act of 2013 and any other Federal law as a result of a failure of the agency to make a decision by an applicable deadline for environmental review, including the total amount transferred under this paragraph, shall not exceed an amount equal to 9.5 percent of the funds made available for the agency office for that fiscal year. (D) No fault of agency (i) In general A transfer of funds under this paragraph shall not be made if the applicable agency described in subparagraph (A) notifies, with a supporting explanation, the lead agency, cooperating agencies, and non-Federal interest, as applicable, that— (I) the agency has not received necessary information or approvals from another entity in a manner that affects the ability of the agency to meet any requirements under Federal, State, or local law; (II) significant new information, including from public comments, or circumstances, including a major modification to an aspect of the water resource project, requires additional analysis for the agency to make a decision on the water resource project application; or (III) the agency lacks the financial resources to complete the review under the scheduled time frame, including a description of the number of full-time employees required to complete the review, the amount of funding required to complete the review, and a justification as to why there is not enough funding available to complete the review by the deadline. (ii) Lack of financial resources If the agency provides notice under clause (i)(III), the Inspector General of the agency shall— (I) conduct a financial audit to review the notice; and (II) not later than 90 days after the date on which the review described in subclause (I) is completed, submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the notice. (E) Limitation The Federal agency from which funds are transferred pursuant to this paragraph shall not reprogram funds to the office of the head of the agency, or equivalent office, to reimburse that office for the loss of the funds. (F) Effect of paragraph Nothing in this paragraph affects or limits the application of, or obligation to comply with, any Federal, State, local, or tribal law. (l) Performance measurement The Secretary shall establish a program to measure and report on progress made toward improving and expediting the planning and environmental review process. (m) Memorandum of Agreements for Early Coordination (1) Sense of Congress It is the sense of Congress that— (A) the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process should cooperate with each other, State agencies, and Indian tribes on environmental review and water resource project delivery activities at the earliest practicable time to avoid delays and duplication of effort later in the process, prevent potential conflicts, and ensure that planning and water resource project development decisions reflect environmental values; and (B) the cooperation referred to in subparagraph (A) should include the development of policies and the designation of staff that advise planning agencies and non-Federal interests of studies or other information foreseeably required for later Federal action and early consultation with appropriate State and local agencies and Indian tribes. (2) Technical assistance If requested at any time by a State or non-Federal interest, the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process, shall, to the maximum extent practicable and appropriate, as determined by the agencies, provide technical assistance to the State or non-Federal interest in carrying out early coordination activities. (3) Memorandum of agency agreement If requested at any time by a State or non-Federal interest, the lead agency, in consultation with other Federal agencies with relevant jurisdiction in the environmental review process, may establish memoranda of agreement with the non-Federal interest, Indian tribe, State and local governments, and other appropriate entities to carry out the early coordination activities, including providing technical assistance in identifying potential impacts and mitigation issues in an integrated fashion. (n) Limitations Nothing in this section preempts, supersedes, amends, modifies, repeals, or interferes with— (1) any statutory or regulatory requirement, including for seeking, considering, or responding to public comment; (2) any obligation to comply with the provisions any Federal law, including— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (B) the regulations issued by the Council on Environmental Quality or any other Federal agency to carry out that Act; and (C) any other Federal environmental law; (3) the reviewability of any final Federal agency action in a court of the United States or in the court of any State; (4) any practice of seeking, considering, or responding to public comment; or (5) any power, jurisdiction, responsibility, duty, or authority that a Federal, State, or local governmental agency, Indian tribe, or non-Federal interest has with respect to carrying out a water resource project or any other provision of law applicable to water resource projects. (o) Categorical exclusions (1) In general Not later than 180 days after the date of enactment of this subsection, the Secretary shall— (A) survey the use by the Corps of Engineers of categorical exclusions in water resource projects since 2005; (B) publish a review of the survey that includes a description of— (i) the types of actions that were categorically excluded or could be the basis for developing a new categorical exclusion; and (ii) any requests previously received by the Secretary for new categorical exclusions; and (C) solicit requests from other Federal agencies and non-Federal interests for new categorical exclusions. (2) New categorical exclusions Not later than 1 year after the date of enactment of this subsection, if the Secretary has identified a category of activities that merit establishing a categorical exclusion that did not exist on the day before the date of enactment of this subsection based on the review under paragraph (1), the Secretary shall publish a notice of proposed rulemaking to propose that new categorical exclusion, to the extent that the categorical exclusion meets the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (or successor regulation). (p) Review of water resource project acceleration reforms (1) In general The Comptroller General of the United States shall— (A) assess the reforms carried out under this section; and (B) not later than 5 years after the date of enactment of this subsection, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes the results of the assessment. (2) Inspector General report The Inspector General of the Corps of Engineers shall— (A) assess the reforms carried out under this section; and (B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate— (i) not later than 2 years after the date of enactment of this subsection, an initial report of the findings of the Inspector General; and (ii) not later than 4 years after the date of enactment of this subsection, a final report of the findings. (q) Authorization The authority provided by this section expires on the date that is 10 years after the date of enactment of this Act. . 2034. Feasibility studies Section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ) is amended by adding at the end the following: (g) Detailed project schedule (1) In general Not later than 180 days after the date of enactment of this subsection, the Secretary shall determine a set of milestones needed for the completion of a feasibility study under this subsection, including all major actions, report submissions and responses, reviews, and comment periods. (2) Detailed project schedule milestones Each District Engineer shall, to the maximum extent practicable, establish a detailed project schedule, based on full funding capability, that lists all deadlines for milestones relating to feasibility studies in the District developed by the Secretary under paragraph (1). (3) Non-Federal interest notification Each District Engineer shall submit by certified mail the detailed project schedule under paragraph (2) to each relevant non-Federal interest— (A) for projects that have received funding from the General Investigations Account of the Corps of Engineers in the period beginning on October 1, 2009, and ending on the date of enactment of this section, not later than 180 days after the establishment of milestones under paragraph (1); and (B) for projects for which a feasibility cost-sharing agreement is executed after the establishment of milestones under paragraph (1), not later than 90 days after the date on which the agreement is executed. (4) Congressional and public notification Beginning in the first full fiscal year after the date of enactment of this Act, the Secretary shall— (A) submit an annual report that lists all detailed project schedules under paragraph (2) and an explanation of any missed deadlines to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) make publicly available, including on the Internet, a copy of the annual report described in subparagraph (A) not later than 14 days after date on which a report is submitted to Congress. (5) Failure to Act If a District Engineer fails to meet any of the deadlines in the project schedule under paragraph (2), the District Engineer shall— (A) not later than 30 days after each missed deadline, submit to the non-Federal interest a report detailing— (i) why the District Engineer failed to meet the deadline; and (ii) a revised project schedule reflecting amended deadlines for the feasibility study; and (B) not later than 30 days after each missed deadline, make publicly available, including on the Internet, a copy of the amended project schedule described in subparagraph (A)(ii). . 2035. Accounting and administrative expenses (a) In general On the request of a non-Federal interest, the Secretary shall provide to the non-Federal interest a detailed accounting of the Federal expenses associated with a water resources project. (b) Study (1) In general The Secretary shall contract with the National Academy of Public Administration to carry out a study on the efficiency of the Corps Engineers current staff salaries and administrative expense procedures as compared to using a separate administrative expense account. (2) Contents The study under paragraph (1) shall include any recommendations of the National Academy of Public Administration for improvements to the budgeting and administrative processes that will increase the efficiency of the Corps of Engineers project delivery. 2036. Determination of project completion (a) In general The Secretary shall notify the non-Federal interest when construction of a water resources project or a functional portion of the project is completed so the non-Federal interest may commence responsibilities, as applicable, for operating and maintaining the project. (b) Non-Federal interest appeal of determination (1) In general Not later than 7 days after receiving a notification under subparagraph (a), the non-Federal interest may appeal the completion determination of the Secretary in writing with a detailed explanation of the basis for questioning the completeness of the project or functional portion of the project. (2) Independent review (A) In general On notification that a non-Federal interest has submitted an appeal under paragraph (1), the Secretary shall contract with 1 or more independent, non-Federal experts to evaluate whether the applicable water resources project or functional portion of the project is complete. (B) Timeline An independent review carried out under subparagraph (A) shall be completed not later than 180 days after the date on which the Secretary receives an appeal from a non-Federal interest under paragraph (1). 2037. Project partnership agreements (a) In general The Secretary shall contract with the National Academy of Public Administration to carry out a comprehensive review of the process for preparing, negotiating, and approving Project Partnership Agreements and the Project Partnership Agreement template, which shall include— (1) a review of the process for preparing, negotiating, and approving Project Partnership Agreements, as in effect on the day before the date of enactment of this Act; (2) an evaluation of how the concerns of a non-Federal interest relating to the Project Partnership Agreement and suggestions for modifications to the Project Partnership Agreement made by a non-Federal interest are accommodated; (3) recommendations for how the concerns and modifications described in paragraph (2) can be better accommodated; (4) recommendations for how the Project Partnership Agreement template can be made more efficient; and (5) recommendations for how to make the process for preparing, negotiating, and approving Project Partnership Agreements more efficient. (b) Report The Secretary shall submit a report describing the findings of the National Academy of Public Administration to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. 2038. Interagency and international support authority Section 234 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2323a ) is amended— (1) in subsection (a), by striking other Federal agencies, and inserting Federal departments or agencies, nongovernmental organizations, ; (2) in subsection (b), by inserting or foreign governments after organizations ; (3) in subsection (c), by inserting and restoration after protection ; and (4) in subsection (d)— (A) in the first sentence— (i) by striking There is and inserting (1) In general .—There is ; and (ii) by striking 2008 and inserting 2014 ; and (B) in the second sentence— (i) by striking The Secretary and inserting (2) Acceptance of funds .—The Secretary ; and (ii) by striking other Federal agencies and inserting Federal departments or agencies, nongovernmental organizations . 2039. Acceptance of contributed funds to increase lock operations (a) In general The Secretary, after providing public notice, shall establish a pilot program for the acceptance and expenditure of funds contributed by non-Federal interests to increase the hours of operation of locks at water resources development projects. (b) Applicability The establishment of the pilot program under this section shall not affect the periodic review and adjustment of hours of operation of locks based on increases in commercial traffic carried out by the Secretary. (c) Public comment Not later than 180 days before a proposed modification to the operation of a lock at a water resources development project will be carried out, the Secretary shall— (1) publish the proposed modification in the Federal Register; and (2) accept public comment on the proposed modification. (d) Reports (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that evaluates the cost-savings resulting from reduced lock hours and any economic impacts of modifying lock operations. (2) Review of pilot program Not later than September 30, 2017 and each year thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes the effectiveness of the pilot program under this section. (e) Annual review The Secretary shall carry out an annual review of the commercial use of locks and make any necessary adjustments to lock operations based on that review. (f) Termination The authority to accept funds under this section shall terminate 5 years after the date of enactment of this Act. 2040. Emergency response to natural disasters (a) In general Section 5(a)(1) of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved August 18, 1941 ( 33 U.S.C. 701n(a)(1) ), is amended in the first sentence— (1) by inserting and subject to the condition that the Chief of Engineers may include modifications to the structure or project after work for flood control ; and (2) by striking structure damaged or destroyed by wind, wave, or water action of other than an ordinary nature when in the discretion of the Chief of Engineers such repair and restoration is warranted for the adequate functioning of the structure for hurricane or shore protection and inserting structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to the design level of protection when, in the discretion of the Chief of Engineers, such repair and restoration is warranted for the adequate functioning of the structure or project for hurricane or shore protection, subject to the condition that the Chief of Engineers may include modifications to the structure or project to address major deficiencies or implement nonstructural alternatives to the repair or restoration of the structure if requested by the non-Federal sponsor . (b) Report (1) In general Not later than 1 year after the date of enactment of this Act and every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report detailing the amounts expended in the previous 5 fiscal years to carry out Corps of Engineers projects under section 5 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved August 18, 1941 (33 U.S.C. 701n). (2) Inclusions A report under paragraph (1) shall, at a minimum, include a description of— (A) each structure, feature, or project for which amounts are expended, including the type of structure, feature, or project and cost of the work; and (B) how the Secretary has repaired, restored, replaced, or modified each structure, feature, or project or intends to restore the structure, feature, or project to the design level of protection for the structure, feature, or project. 2041. Systemwide improvement frameworks A levee system shall remain eligible for rehabilitation assistance under the authority provided by section 5 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes ( 33 U.S.C. 701n ) as long as the levee system sponsor continues to make satisfactory progress, as determined by the Secretary, on an approved systemwide improvement framework or letter of intent. 2042. Funding to process permits Section 214 of the Water Resources Development Act of 2000 ( Public Law 106–541 ; 33 U.S.C. 2201 note) is amended by striking subsections (d) and (e) and inserting the following: (d) Public availability (1) In general The Secretary shall ensure that all final permit decisions carried out using funds authorized under this section are made available to the public in a common format, including on the Internet, and in a manner that distinguishes final permit decisions under this section from other final actions of the Secretary. (2) Decision document The Secretary shall— (A) use a standard decision document for evaluating all permits using funds accepted under this section; and (B) make the standard decision document, along with all final permit decisions, available to the public, including on the Internet. (3) Agreements The Secretary shall make all active agreements to accept funds under this section available on a single public Internet site. (e) Reporting (1) In general The Secretary shall prepare an annual report on the implementation of this section, which, at a minimum, shall include for each district of the Corps of Engineers that accepts funds under this section— (A) a comprehensive list of any funds accepted under this section during the previous fiscal year; (B) a comprehensive list of the permits reviewed and approved using funds accepted under this section during the previous fiscal year, including a description of the size and type of resources impacted and the mitigation required for each permit; and (C) a description of the training offered in the previous fiscal year for employees that is funded in whole or in part with funds accepted under this section. (2) Submission Not later than 90 days after the end of each fiscal year, the Secretary shall— (A) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the annual report described in paragraph (1); and (B) make each report received under subparagraph (A) available on a single publicly accessible Internet site. . 2043. National riverbank stabilization and erosion prevention study and pilot program (a) Definition of inland and intracoastal waterway In this section, the term inland and intracoastal waterway means the inland and intracoastal waterways of the United States described in section 206 of the Inland Waterways Revenue Act of 1978 ( 33 U.S.C. 1804 ). (b) Pilot program The Secretary— (1) is authorized to study issues relating to riverbank stabilization and erosion prevention along inland and intracoastal waterways; and (2) shall establish and carry out for a period of 5 fiscal years a national riverbank stabilization and erosion prevention pilot program to address riverbank erosion along inland and intracoastal waterways. (c) Study (1) In general The Secretary, in consultation with appropriate Federal, State, local, and nongovernmental entities, shall carry out a study of the options and technologies available to prevent the erosion and degradation of riverbanks along inland and intracoastal waterways. (2) Contents The study shall— (A) evaluate the nature and extent of the damages resulting from riverbank erosion along inland and intracoastal waterways throughout the United States; (B) identify specific inland and intracoastal waterways and affected wetland areas with the most urgent need for restoration; (C) analyze any legal requirements with regard to maintenance of bank lines of inland and intracoastal waterways, including a comparison of Federal, State, and private obligations and practices; (D) assess and compare policies and management practices to protect surface areas adjacent to inland and intracoastal waterways applied by various Districts of the Corps of Engineers; and (E) make any recommendations the Secretary determines to be appropriate. (d) Riverbank stabilization and erosion prevention pilot program (1) In general The Secretary shall develop a pilot program for the construction of riverbank stabilization and erosion prevention projects on public land along inland and intracoastal waterways if the Secretary determines that the projects are technically feasible, environmentally acceptable, economically justified, and lower maintenance costs of those inland and intracoastal waterways. (2) Pilot program goals A project under the pilot program shall, to the maximum extent practicable— (A) develop or demonstrate innovative technologies; (B) implement efficient designs to prevent erosion at a riverbank site, taking into account the lifecycle cost of the design, including cleanup, maintenance, and amortization; (C) prioritize natural designs, including the use of native and naturalized vegetation or temporary structures that minimize permanent structural alterations to the riverbank; (D) avoid negative impacts to adjacent communities; (E) identify the potential for long-term protection afforded by the innovative technology; and (F) provide additional benefits, including reduction of flood risk. (3) Project Selections The Secretary shall develop criteria for the selection of projects under the pilot program, including criteria based on— (A) the extent of damage and land loss resulting from riverbank erosion; (B) the rate of erosion; (C) the significant threat of future flood risk to public or private property, public infrastructure, or public safety; (D) the destruction of natural resources or habitats; and (E) the potential cost-savings for maintenance of the channel. (4) Consultation The Secretary shall carry out the pilot program in consultation with— (A) Federal, State, and local governments; (B) nongovernmental organizations; and (C) applicable university research facilities. (5) Report Not later than 1 year after the first fiscal year for which amounts to carry out this section are appropriated, and every year thereafter, the Secretary shall prepare and 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 describing— (A) the activities carried out and accomplishments made under the pilot program since the previous report under this paragraph; and (B) any recommendations of the Secretary relating to the program. (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 2019. 2044. Hurricane and storm damage risk reduction prioritization (a) Purposes The purposes of this section are— (1) to provide adequate levels of protection to communities impacted by natural disasters, including hurricanes, tropical storms, and other related extreme weather events; and (2) to expedite critical water resources projects in communities that have historically been and continue to remain susceptible to extreme weather events. (b) Priority For authorized projects and ongoing feasibility studies with a primary purpose of hurricane and storm damage risk reduction, the Secretary shall give funding priority to projects and ongoing studies that— (1) address an imminent threat to life and property; (2) prevent storm surge from inundating populated areas; (3) prevent the loss of coastal wetlands that help reduce the impact of storm surge; (4) protect emergency hurricane evacuation routes or shelters; (5) prevent adverse impacts to publicly owned or funded infrastructure and assets; (6) minimize disaster relief costs to the Federal Government; and (7) address hurricane and storm damage risk reduction in an area for which the President declared a major disaster in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ). (c) Expedited consideration of currently authorized projects Not later than 180 days after the date of enactment of this Act, the Secretary shall— (1) 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 list of all— (A) ongoing hurricane and storm damage reduction feasibility studies that have signed feasibility cost share agreements and have received Federal funds since 2009; and (B) authorized hurricane and storm damage reduction projects that— (i) have been authorized for more than 20 years but are less than 75 percent complete; or (ii) are undergoing a post-authorization change report, general reevaluation report, or limited reevaluation report; (2) identify those projects on the list required under paragraph (1) that meet the criteria described in subsection (b); and (3) provide a plan for expeditiously completing the projects identified under paragraph (2), subject to available funding. (d) Prioritization of new studies for hurricane and storm damage risk reduction In selecting new studies for hurricane and storm damage reduction to propose to Congress under section 4002, the Secretary shall give priority to studies— (1) that— (A) have been recommended in a comprehensive hurricane protection study carried out by the Corps of Engineers; or (B) are included in a State plan or program for hurricane, storm damage reduction, flood control, coastal protection, conservation, or restoration, that is created in consultation with the Corps of Engineers or other relevant Federal agencies; and (2) for areas for which the President declared a major disaster in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ). 2045. Prioritization of ecosystem restoration efforts For authorized projects with a primary purpose of ecosystem restoration, the Secretary shall give funding priority to projects— (1) that— (A) address an identified threat to public health, safety, or welfare; (B) preserve or restore ecosystems of national significance; or (C) preserve or restore habitats of importance for federally protected species, including migratory birds; and (2) for which the restoration activities will contribute to other ongoing or planned Federal, State, or local restoration initiatives. 2046. 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 at public recreation areas located at lakes and reservoirs operated by the Corps of Engineers. (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 appropriation, 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 Secretary 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 agreement under paragraph (1) goods and services to be used by the Secretary and the State or local government in the cooperative 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 recreation facilities and natural resources at recreation areas that are jointly managed and funded under this subsection. (c) Funding transfer authority (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 development projects, the Secretary may transfer funds appropriated for resource protection, research, interpretation, and maintenance activities related to resource protection in the areas at which outdoor recreation is available at those Corps of Engineers water resource development projects to State, local, and tribal governments and such other public or private nonprofit entities as the Secretary determines to be appropriate. (2) Cooperative agreements Any transfer 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— (1) in the first sentence, by inserting , including expenses relating to uniforms, transportation, lodging, and the subsistence of those volunteers, without regard to the place of residence of the volunteers, after incidental expenses ; and (2) by inserting after the first sentence the following: The Chief of Engineers may also provide awards of up to $100 in value to volunteers in recognition of the services of the volunteers. (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 . 2047. Operations and maintenance on fuel taxed inland waterways (a) In general Notwithstanding any other provision of law, the Secretary shall have responsibility for 65 percent of the costs of the operation, maintenance, repair, rehabilitation, and replacement of any flood gate, as well as any pumping station constructed within the channel as a single unit with that flood gate, that— (1) was constructed as of the date of enactment of this Act as a feature of an authorized hurricane and storm damage reduction project; and (2) crosses an inland or intracoastal waterway described in section 206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804). (b) Payment options For rehabilitation or replacement of any structure under this section, the Secretary may apply to the full non-Federal contribution the payment option provisions under section 103(k) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213(k) ). 2048. Corrosion prevention (a) Guidance and procedures The Secretary shall develop guidance and procedures for the certification of qualified contractors for— (1) the application of protective coatings; and (2) the removal of hazardous protective coatings. (b) Requirements Except as provided in subsection (c), the Secretary shall use certified contractors for— (1) the application of protective coatings for complex work involving steel and cementitious structures, including structures that will be exposed in immersion; (2) the removal of hazardous coatings or other hazardous materials that are present in sufficient concentrations to create an occupational or environmental hazard; and (3) any other activities the Secretary determines to be appropriate. (c) Exception The Secretary may approve exceptions to the use of certified contractors under subsection (b) only after public notice, with the opportunity for comment, of any such proposal. 2049. Project deauthorizations (a) In general Section 1001(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 579a(b) ) is amended— (1) by striking paragraph (2) and inserting the following: (2) List of projects (A) In general Notwithstanding section 3003 of Public Law 104–66 ( 31 U.S.C. 1113 note; 109 Stat. 734), each year, after the submission of the list under paragraph (1), the Secretary shall submit to Congress a list of projects or separable elements of projects that have been authorized but that have received no obligations during the 5 full fiscal years preceding the submission of that list. (B) Additional notification On submission of the list under subparagraph (A) to Congress, the Secretary shall notify— (i) each Senator in whose State and each Member of the House of Representatives in whose district a project (including any part of a project) on that list would be located; and (ii) each applicable non-Federal interest associated with a project (including any part of a project) on that list. (C) Deauthorization A project or separable element included in the list under subparagraph (A) is not authorized after the last date of the fiscal year following the fiscal year in which the list is submitted to Congress, if funding has not been obligated for the planning, design, or construction of the project or element of the project during that period. ; and (2) by adding at the end the following: (3) Minimum funding list At the end of each fiscal year, the Secretary shall submit to Congress a list of— (A) projects or separable elements of projects authorized for construction for which funding has been obligated in the 5 previous fiscal years; (B) the amount of funding obligated per fiscal year; (C) the current phase of each project or separable element of a project; and (D) the amount required to complete those phases. (4) Report (A) In general Not later than 180 days after the date of enactment of the Water Resources Development Act of 2013 , the Secretary shall compile and publish a complete list of all uncompleted, authorized projects of the Corps of Engineers, including for each project on that list— (i) the original budget authority for the project; (ii) the status of the project; (iii) the estimated date of completion of the project; (iv) the estimated cost of completion of the project; and (v) any amounts for the project that remain unobligated. (B) Publication (i) In general The Secretary shall submit a copy of the list under subparagraph (A) to— (I) the appropriate committees of Congress; and (II) the Director of the Office of Management and Budget. (ii) Public availability Not later than 30 days after providing the report to Congress under clause (i), the Secretary shall make a copy of the list available on a publicly accessible Internet site, in a manner that is downloadable, searchable, and sortable. . (b) Infrastructure Deauthorization Commission (1) Purposes The purposes of this subsection are— (A) to establish a process for identifying authorized Corps of Engineers water resources projects that are no longer in the Federal interest and no longer feasible; (B) to create a commission— (i) to review suggested deauthorizations, including consideration of recommendations of the States and the Secretary for the deauthorization of water resources projects; and (ii) to make recommendations to Congress; (C) to ensure public participation and comment; and (D) to provide oversight on any recommendations made to Congress by the Commission. (2) Infrastructure deauthorization commission (A) Establishment There is established an independent commission to be known as the Infrastructure Deauthorization Commission (referred to in this paragraph as the Commission ). (B) Duties The Commission shall carry out the review and recommendation duties described in paragraph (5). (C) Membership (i) In general The Commission shall be composed of 8 members, who shall be appointed by the President, by and with the advice and consent of the Senate according to the expedited procedures described in clause (ii). (ii) Expedited nomination procedures (I) Privileged nominations; information requested On receipt by the Senate of a nomination under clause (i), the nomination shall— (aa) be placed on the Executive Calendar under the heading Privileged Nominations—Information Requested ; and (bb) remain on the Executive Calendar under that heading until the Executive Clerk receives a written certification from the Chairman of the committee of jurisdiction under subclause (II). (II) Questionnaires The Chairman of the Committee on Environment and Public Works of the Senate shall notify the Executive Clerk in writing when the appropriate biographical and financial questionnaires have been received from an individual nominated for a position under clause (i). (III) Privileged nominations; information received On receipt of the certification under subclause (II), the nomination shall— (aa) be placed on the Executive Calendar under the heading Privileged Nomination—Information Received and remain on the Executive Calendar under that heading for 10 session days; and (bb) after the expiration of the period referred to in item (aa), be placed on the Nominations section of the Executive Calendar. (IV) Referral to committee of jurisdiction During the period when a nomination under clause (i) is listed under the Privileged Nomination—Information Requested section of the Executive Calendar described in subclause (I)(aa) or the Privileged Nomination—Information Received section of the Executive Calendar described in subclause (III)(aa)— (aa) any Senator may request on his or her own behalf, or on the behalf of any identified Senator that the nomination be referred to the appropriate committee of jurisdiction; and (bb) if a Senator makes a request described in paragraph item (aa), the nomination shall be referred to the appropriate committee of jurisdiction. (V) Executive calendar The Secretary of the Senate shall create the appropriate sections on the Executive Calendar to reflect and effectuate the requirements of this clause. (VI) Committee justification for new executive positions The report accompanying each bill or joint resolution of a public character reported by any committee shall contain an evaluation and justification made by that committee for the establishment in the measure being reported of any new position appointed by the President within an existing or new Federal entity. (iii) Qualifications Members of the Commission shall be knowledgeable about Corps of Engineers water resources projects. (iv) Geographical diversity To the maximum extent practicable, the members of the Commission shall be geographically diverse. (D) Compensation of members (i) In general Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. (ii) Federal employees All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (iii) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Commission. (3) State water resources infrastructure plan Not later than 2 years after the date of enactment of this Act, each State, in consultation with local interests, may develop and submit to the Commission, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives, a detailed statewide water resources plan that includes a list of each water resources project that the State recommends for deauthorization. (4) Corps of Engineers infrastructure plan Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Commission, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a detailed plan that— (A) contains a detailed list of each water resources project that the Corps of Engineers recommends for deauthorization; and (B) is based on assessment by the Secretary of the needs of the United States for water resources infrastructure, taking into account public safety, the economy, and the environment. (5) Review and Recommendation Commission (A) In general On the appointment and confirmation of all members of the Commission, the Commission shall solicit public comment on water resources infrastructure issues and priorities and recommendations for deauthorization, including by— (i) holding public hearings throughout the United States; and (ii) receiving written comments. (B) Recommendations (i) In general Not later than 4 years after the date of enactment of this Act, the Commission shall submit to Congress a list of water resources projects of the Corps of Engineers for deauthorization. (ii) Considerations In carrying out this paragraph, the Commission shall establish criteria for evaluating projects for deauthorization, which shall include consideration of— (I) the infrastructure plans submitted by the States and the Secretary under paragraphs (3) and (4); (II) any public comment received during the period described in subparagraph (A); (III) public safety and security; (IV) the environment; and (V) the economy. (C) Non-eligible projects The following types of projects shall not be eligible for review for deauthorization by the Commission: (i) Any project authorized after the date of enactment of the Water Resources Development Act of 1996 ( Public Law 104–303 ; 110 Stat. 3658), including any project that has been reauthorized after that date. (ii) Any project that, as of the date of enactment of this Act, is undergoing a review by the Corps of Engineers. (iii) Any project that has received appropriations in the 10-year period ending on the date of enactment of this Act. (iv) Any project that, on the date of enactment of this Act, is more than 50 percent complete. (v) Any project that has a viable non-Federal sponsor. (D) Congressional disapproval Any water resources project recommended for deauthorization on the list submitted to Congress under subparagraph (B) shall be deemed to be deauthorized unless Congress passes a joint resolution disapproving of the entire list of deauthorized water resources projects prior to the date that is 180 days after the date on which the Commission submits the list to Congress. (6) Application For purposes of this subsection, water resources projects shall include environmental infrastructure assistance projects and programs of the Corps of Engineers. 2050. 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) section 2020; (2) section 2022; (3) section 2025; (4) section 2026; (5) section 2039; (6) section 2040; (7) section 6007; and (8) section 10015. (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 paragraph (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 reimburse the Office of the Assistant Secretary of the Army for Civil Works for the loss of the funds. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000. 2051. Indian Self-Determination and Education Assistance Act conforming amendment Section 106(k) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450j–1(k) ) is amended by adding at the end the following: (13) Interest payments, the retirement of principal, the costs of issuance, and the costs of insurance or a similar credit support for a debt financing instrument, the proceeds of which are used to support a contracted construction project. . 2052. Invasive species review The Secretary, in consultation with the Director of the United States Fish and Wildlife Service, the Chairman of the Tennessee Valley Authority, and other applicable heads of Federal agencies, shall— (1) carry out a review of existing Federal authorities relating to responding to invasive species, including aquatic weeds, aquatic snails, and other aquatic invasive species, that have an impact on water resources; and (2) based on the review under paragraph (1), make any recommendations to Congress and applicable State agencies for improving Federal and State laws to more effectively respond to the threats posed by those invasive species. 2053. Wetlands conservation study (a) In general The Comptroller General of the United States shall carry out a study to identify all Federal programs relating to wetlands conservation. (b) Report The Comptroller General of the United States shall submit to Congress a report based on the study under subsection (a) describing options for maximizing wetlands conservation benefits while reducing redundancy, increasing efficiencies, and reducing costs. 2054. Dam modification study (a) In general The Comptroller General of the United States shall, in consultation with the Corps of Engineers, the Southeastern Power Administration, Federal hydropower customers, downstream communities, and other stakeholders, carry out a study to evaluate the structural modifications made at Federal dams in the Cumberland River Basin beginning on January 1, 2000. (b) Contents The study under subsection (a) shall examine— (1) whether structural modifications at each dam have utilized new state-of-the-art design criteria deemed necessary for safety purposes that have not been used in other circumstances; (2) whether structural modifications at each dam for downstream safety were executed in accordance with construction criteria that had changed from the original construction criteria; (3) whether structural modifications at each dam assured safety; (4) any estimates by the Corps of Engineers of consequences of total dam failure if state-of-the-art construction criteria deemed necessary for safety purposes were not employed; and (5) whether changes in underlying geology at any of the Federal dams in the Cumberland River Basin required structural modifications to assure dam safety. (c) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report based on the study under subsection (a) with findings on whether, with respect to structural modifications at Federal dams in the Cumberland River Basin, the Corps of Engineers has selected and implemented design criteria that rely on state-of-the-art design and construction criteria that will provide for the safety of downstream communities. 2055. Non-Federal plans to provide additional flood risk reduction (a) In general If requested by a non-Federal interest, the Secretary shall construct a locally preferred plan that provides a higher level of protection than a flood risk management project authorized under this Act if the Secretary determines that— (1) the plan is technically feasible and environmentally acceptable; and (2) the benefits of the plan exceed the costs of the plan. (b) Non-Federal cost share If the Secretary constructs a locally preferred plan under subsection (a), the Federal share of the cost of the project shall be not greater than the share as provided by law for elements of the national economic development plan. 2056. Mississippi River forecasting improvements (a) In general The Secretary, in consultation with the Secretary of the department in which the Coast Guard is operating, the Director of the United States Geological Survey, the Administrator of the National Oceanic and Atmospheric Administration, and the Director of the National Weather Service, as applicable, shall improve forecasting on the Mississippi River by— (1) updating forecasting technology deployed on the Mississippi River and its tributaries through— (A) the construction of additional automated river gages; (B) the rehabilitation of existing automated and manual river gages; and (C) the replacement of manual river gages with automated gages, as the Secretary determines to be necessary; (2) constructing additional sedimentation ranges on the Mississippi River and its tributaries; and (3) deploying additional automatic identification system base stations at river gage sites. (b) Prioritization In carrying out this section, the Secretary shall prioritize the sections of the Mississippi River on which additional and more reliable information would have the greatest impact on maintaining navigation on the Mississippi River. (c) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report on the activities carried out by the Secretary under this section. 2057. Flexibility in maintaining navigation (a) In general If the Secretary, in consultation with the Secretary of the department in which the Coast Guard is operating, determines it to be critical to maintaining safe and reliable navigation within the authorized Federal navigation channel on the Mississippi River, the Secretary may carry out only those activities outside the authorized Federal navigation channel along the Mississippi River, including the construction and operation of maintenance of fleeting areas, that are necessary for safe and reliable navigation in the Federal channel. (b) Report Not later than 60 days after initiating an activity under this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes— (1) a description of the activities undertaken, including the costs associated with the activities; and (2) a comprehensive description of how the activities are necessary for maintaining safe and reliable navigation of the Federal channel. 2058. Restricted areas at Corps of Engineers dams (a) Definitions In this section: (1) Restricted area The term restricted area means a restricted area for hazardous waters at dams and other civil works structures in the Cumberland River basin established pursuant to chapter 10 of the regulation entitled Project Operations: Navigation and Dredging Operations and Maintenance Policies , published by the Corps of Engineers on November 29, 1996, and any related regulations or guidance. (2) State The term State means the applicable agency of the State (including an official of that agency) in which the applicable dam is located that is responsible for enforcing boater safety. (b) Restriction on physical barriers Subject to subsection (c), the Secretary, acting through the Chief of Engineers, in the establishing and enforcing restricted areas, shall not take any action to establish a permanent physical barrier to prevent public access to waters downstream of a dam owned by the Corps of Engineers. (c) Exclusions For purposes of this section, the installation and maintenance of measures for alerting the public of hazardous water conditions and restricted areas, including sirens, strobe lights, and signage, shall not be considered to be a permanent physical barrier under subsection (b). (d) Enforcement (1) In general Enforcement of a restricted area shall be the sole responsibility of a State. (2) Existing authorities The Secretary shall not assess any penalty for entrance into a restricted area under section 4 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved December 22, 1944 ( 16 U.S.C. 460d ). (e) Development or modification of restricted areas In establishing a new restricted area or modifying an existing restricted area, the Secretary shall— (1) ensure that any restrictions are based on operational conditions that create hazardous waters; and (2) publish a draft describing the restricted area and seek and consider public comment on that draft prior to establishing or modifying any restricted area. (f) Effective date (1) In general Subject to paragraph (2), this section shall apply to the establishment of a new restricted area or the modification of an existing restricted area on or after August 1, 2012. (2) Existing restrictions If the Secretary, acting through the Chief of Engineers, has established a new restricted area or modified an existing restricted area during the period beginning on August 1, 2012, and ending on the date of enactment of this Act, the Secretary shall— (A) cease implementing the restricted area until the later of— (i) such time as the restricted area meets the requirements of this section; and (ii) the date that is 2 years after the date of enactment of this Act; and (B) remove any permanent physical barriers constructed in connection with the restricted area. 2059. Maximum cost of projects Section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 ) is amended— (1) by striking In order to and inserting the following: (a) In general In order to ; and (2) by adding at the end the following: (b) Contributed funds Nothing in this section affects the authority of the Secretary to complete construction of a water resources development project using funds contributed under section 5 of the Act of June 22, 1936 (33 U.S.C. 701h). . 2060. Donald G. Waldon Lock and Dam (a) Findings Congress finds that— (1) the Tennessee-Tombigbee Waterway Development Authority is a 4-State compact comprised of the States of Alabama, Kentucky, Mississippi, and Tennessee; (2) the Tennessee-Tombigbee Authority is the regional non-Federal sponsor of the Tennessee-Tombigbee Waterway; (3) the Tennessee-Tombigbee Waterway, completed in 1984, has fueled growth in the United States economy by reducing transportation costs and encouraging economic development; and (4) the selfless determination and tireless work of Donald G. Waldon, while serving as administrator of the waterway compact for 21 years, contributed greatly to the realization and success of the Tennessee-Tombigbee Waterway. (b) Sense of Congress It is the sense of Congress that, at an appropriate time and in accordance with the rules of the House of Representatives and the Senate, 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 . 2061. Improving planning and administration of water supply storage (a) In general The Secretary shall carry out activities to enable non-Federal interests to anticipate and accurately budget for annual operations and maintenance costs and, as applicable, repair, rehabilitation, and replacements costs, including through— (1) the formulation by the Secretary of a uniform billing statement format for those storage agreements relating to operations and maintenance costs, and as applicable, repair, rehabilitation, and replacement costs, incurred by the Secretary, which, at a minimum, shall include— (A) a detailed description of the activities carried out relating to the water supply aspects of the project; (B) a clear explanation of why and how those activities relate to the water supply aspects of the project; and (C) a detailed accounting of the cost of carrying out those activities; and (2) a review by the Secretary of the regulations and guidance of the Corps of Engineers relating to criteria and methods for the equitable distribution of joint project costs across project purposes in order to ensure consistency in the calculation of the appropriate share of joint project costs allocable to the water supply purpose. (b) Report to Congress (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report on the findings of the reviews carried out under subsection (a)(2) and any subsequent actions taken by the Secretary relating to those reviews. (2) Inclusions The report under paragraph (1) shall include an analysis of the feasibility and costs associated with the provision by the Secretary to each non-Federal interest of not less than 1 statement each year that details for each water storage agreement with non-Federal interests at Corps of Engineers projects the estimated amount of the operations and maintenance costs and, as applicable, the estimated amount of the repair, rehabilitation, and replacement costs, for which the non-Federal interest will be responsible in that fiscal year. (3) Extension The Secretary may delay the submission of the report under paragraph (1) for a period not to exceed 180 days after the deadline described in paragraph (1), subject to the condition that the Secretary submits a preliminary progress report to Congress not later than 1 year after the date of enactment of this Act. 2062. Crediting authority for Federally authorized navigation projects A non-Federal interest for a navigation project may carry out operation and maintenance activities for that project subject to all applicable requirements that would apply to the Secretary carrying out such operations and maintenance, and may receive credit for the costs incurred by the non-Federal interest in carrying out such activities towards that non-Federal interest's share of construction costs for a federally authorized element of the same project or another federally authorized navigation project, except that in no instance may such credit exceed 20 percent of the costs associated with construction of the general navigation features of the project for which such credit may be received pursuant to this section. 2063. River basin commissions Section 5019 of the Water Resources Development Act of 2007 (121 Stat. 1201) is amended by striking subsection (b) and inserting the following: (b) Authorization To allocate (1) In general Subject to paragraph (2), the Secretary shall allocate funds from the General Expenses account of the civil works program of the Army Corps of Engineers to the Susquehanna River Basin Commission, Delaware River Basin Commission, and the Interstate Commission on the Potomac River Basin to fulfill the equitable funding requirements of the respective interstate compacts on an annual basis and in amounts equal to the amount determined by Commission in accordance with the respective interstate compact. (2) Limitation Not more than 1.5 percent of funds from the General Expenses account of the civil works program of the Army Corps of Engineers may be allocated in carrying out paragraph (1) for any fiscal year. (3) Report For any fiscal year in which funds are not allocated in accordance with paragraph (1), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes— (A) the reasons why the Corps of Engineers chose not to allocate funds in accordance with that paragraph; and (B) the impact of the decision not to allocate funds on water supply allocation, water quality protection, regulatory review and permitting, water conservation, watershed planning, drought management, flood loss reduction, and recreation in each area of jurisdiction of the respective Commission. . 2064. Restriction on charges for certain surplus water (a) In general No fee for surplus water shall be charged under a contract for surplus water if the contract is for surplus water stored on the Missouri River. (b) Offset Of the amounts previously made available for “Corps of Engineers–Civil, Department of the Army, Operations and Maintenance” that remain unobligated as of the effective date of this Act, $5,000,000 is hereby rescinded. (c) None of the funds under subsection (b) may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. III Project modifications 3001. Purpose The purpose of this title is to modify existing water resource project authorizations, subject to the condition that the modifications do not affect authorized costs. 3002. Chatfield Reservoir, Colorado Section 116 of the Energy and Water Development and Related Agencies Appropriations Act, 2009 (123 Stat. 608), is amended in the matter preceding the proviso by inserting (or a designee of the Department) after Colorado Department of Natural Resources . 3003. Missouri River Recovery Implementation Committee expenses reimbursement Section 5018(b)(5) of the Water Resources Development Act of 2007 (121 Stat. 1200) is amended by striking subparagraph (B) and inserting the following: (B) Travel expenses Subject to the availability of funds, the Secretary may reimburse a member of the Committee for travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of a Federal agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in performance of services for the Committee. . 3004. Hurricane and storm damage reduction study With respect to the study for flood and storm damage reduction related to natural disasters to by carried out by the Secretary and authorized under the heading Investigations under title II of division A of Public Law 113–2 , the Secretary shall include specific project recommendations in the report developed for that study. 3005. Lower Yellowstone Project, Montana Section 3109 of the Water Resources Development Act of 2007 (121 Stat. 1135) is amended— (1) by striking The Secretary may and inserting the following: (a) In general The Secretary may ; and (2) by adding at the end the following: (b) Local participation In carrying out subsection (a), the Secretary shall consult with, and consider the activities being carried out by— (1) other Federal agencies; (2) conservation districts; (3) the Yellowstone River Conservation District Council; and (4) the State of Montana. . 3006. Project deauthorizations (a) Goose Creek, Somerset County, Maryland The project for navigation, Goose Creek, Somerset County, Maryland, carried out pursuant to section 107 of the Rivers and Harbor Act of 1960 ( 33 U.S.C. 577 ), is realigned as follows: Beginning at Goose Creek Channel Geometry Centerline of the 60-foot-wide main navigational ship channel, Centerline Station No. 0+00, coordinates North 157851.80, East 1636954.70, as stated and depicted on the Condition Survey Goose Creek, Sheet 1 of 1, prepared by the United States Army Corps of Engineers, Baltimore District, July 2003; thence departing the aforementioned centerline traveling the following courses and distances: S. 64 degrees 49 minutes 06 seconds E., 1583.82 feet to a point, on the outline of said 60-foot-wide channel thence binding on said out-line the following four courses and distances: S. 63 degrees 26 minutes 06 seconds E., 1460.05 feet to a point, thence; N. 50 degrees 38 minutes 26 seconds E., 973.28 feet to a point, thence; N. 26 degrees 13 minutes 09 seconds W., 240.39 feet to a point on the Left Toe of the 60-foot-wide main navigational channel at computed Centerline Station No. 42+57.54, coordinates North 157357.84, East 1640340.23. Geometry Left Toe of the 60-foot-wide main navigational ship channel, Left Toe Station No. 0+00, coordinates North 157879.00, East 1636967.40, as stated and depicted on the Condition Survey Goose Creek, Sheet 1 of 1, prepared by the United States Army Corps of Engineers, Baltimore District, August 2010; thence departing the aforementioned centerline traveling the following courses and distances: S. 64 degrees 49 minutes 12 seconds E., 1583.91 feet to a point, on the outline of said 60-foot-wide channel thence binding on said out-line the following eight courses and distances: S. 63 degrees 25 minutes 38 seconds E., 1366.25 feet to a point, thence; N. 83 degrees 36 minutes 24 seconds E., 125.85 feet to a point, thence; N. 50 degrees 38 minutes 26 seconds E., 805.19 feet to a point, thence; N. 12 degrees 12 minutes 29 seconds E., 78.33 feet to a point thence; N. 26 degrees 13 minutes 28 seconds W., 46.66 feet to a point thence; S. 63 degrees 45 minutes 41 seconds W., 54.96 feet to a point thence; N. 26 degrees 13 minutes 24 seconds W., 119.94 feet to a point on the Left Toe of the 60-foot-wide main navigational channel at computed Centerline Station No. 41+81.10, coordinates North 157320.30, East 1640264.00. Geometry Right Toe of the 60-foot-wide main navigational ship channel, Right Toe Station No. 0+00, coordinates North 157824.70, East 1636941.90, as stated and depicted on the Condition Survey Goose Creek, Sheet 1 of 1, prepared by the United States Army Corps of Engineers, Baltimore District, August 2010; thence departing the aforementioned centerline traveling the following courses and distances: S. 64 degrees 49 minutes 06 seconds E., 1583.82 feet to a point, on the outline of said 60-foot-wide channel thence binding on said out-line the following six courses and distances: S. 63 degrees 25 minutes 47 seconds E., 1478.79 feet to a point, thence; N. 50 degrees 38 minutes 26 seconds E., 1016.69 feet to a point, thence; N. 26 degrees 14 minutes 49 seconds W., 144.26 feet to a point, thence; N. 63 degrees 54 minutes 03 seconds E., 55.01 feet to a point thence; N. 26 degrees 12 minutes 08 seconds W., 120.03 feet to a point a point on the Right Toe of the 60-foot-wide main navigational channel at computed Centerline Station No. 43+98.61, coordinates North 157395.40, East 1640416.50. (b) Lower Thoroughfare, Deal Island, Maryland Beginning on the date of enactment of this Act, the Secretary is no longer authorized to carry out the portion of the project for navigation, Lower Thoroughfare, Maryland, authorized by the Act of June 25, 1910 (36 Stat. 630, chapter 382) (commonly known as the River and Harbor Act of 1910 ), that begins at Lower Thoroughfare Channel Geometry Centerline of the 60-foot-wide main navigational ship channel, Centerline Station No. 44+88, coordinates North 170435.62, East 1614588.93, as stated and depicted on the Condition Survey Lower Thoroughfare, Deal Island, Sheet 1 of 3, prepared by the United States Army Corps of Engineers, Baltimore District, August 2010; thence departing the aforementioned centerline traveling the following courses and distances: S. 42 degrees 20 minutes 44 seconds W., 30.00 feet to a point, on the outline of said 60-foot-wide channel thence binding on said out-line the following four courses and distances: N. 64 degrees 08 minutes 55 seconds W., 53.85 feet to a point, thence; N. 42 degrees 20 minutes 43 seconds W., 250.08 feet to a point, thence; N. 47 degrees 39 minutes 03 seconds E., 20.00 feet to a point, thence; S. 42 degrees 20 minutes 44 seconds E., 300.07 feet to a point binding on the Left Toe of the 60-foot-wide main navigational channel at computed Centerline Station No. 43+92.67, coordinates North 170415.41, 1614566.76; thence; continuing with the aforementioned centerline the following courses and distances: S. 42 degrees 20 minutes 42 seconds W., 30.00 feet to a point, on the outline of said 60-foot-wide channel thence binding on said out-line the following four courses and distances: N. 20 degrees 32 minutes 06 seconds W., 53.85 feet to a point, thence; N. 42 degrees 20 minutes 49 seconds W., 250.08 feet to a point, thence; S. 47 degrees 39 minutes 03 seconds W., 20.00 feet to a point, thence; S. 42 degrees 20 minutes 46 seconds E., 300.08 feet to a point binding on the Left Toe of the 60-foot-wide main navigational channel at computed Centerline Station No. 43+92.67, coordinates North 170415.41, 1614566.76. (c) Thomaston Harbor, Georges River, Maine Beginning on the date of enactment of this Act, the Secretary is no longer authorized to carry out the portion of the project for navigation, Georges River, Maine (Thomaston Harbor), authorized by the first section of the Act of June 3, 1896 (29 Stat. 215, chapter 314), and modified by section 317 of the Water Resources Development Act of 2000 ( Public Law 106–541 ; 114 Stat. 2604), that lies northwesterly of a line commencing at point N87,220.51, E321,065.80 thence running northeasterly about 125 feet to a point N87,338.71, E321,106.46. (d) Warwick Cove, Rhode Island Beginning on the date of enactment of this Act, the Secretary is no longer authorized to carry out the portion of the project for navigation, Warwick Cove, Rhode Island, authorized by section 107 of the River and Harbor Act of 1960 ( 33 U.S.C. 577 ) that is located within the 5 acre anchorage area east of the channel and lying east of the line beginning at a point with coordinates N220,349.79, E357,664.90 thence running north 9 degrees 10 minutes 21.5 seconds west 170.38 feet to a point N220,517.99, E357,637.74 thence running north 17 degrees 44 minutes 30.4 seconds west 165.98 feet to a point N220,676.08, E357,587.16 thence running north 0 degrees 46 minutes 0.9 seconds east 138.96 feet to a point N220,815.03, E357,589.02 thence running north 8 degrees 36 minutes 22.9 seconds east 101.57 feet to a point N220,915.46, E357,604.22 thence running north 18 degrees 18 minutes 27.3 seconds east 168.20 feet to a point N221,075.14, E357,657.05 thence running north 34 degrees 42 minutes 7.2 seconds east 106.4 feet to a point N221,162.62, E357,717.63 thence running south 29 degrees 14 minutes 17.4 seconds east 26.79 feet to a point N221,139.24, E357,730.71 thence running south 30 degrees 45 minutes 30.5 seconds west 230.46 feet to a point N220,941.20, E357,612.85 thence running south 10 degrees 49 minutes 12.0 seconds west 95.46 feet to a point N220,847.44, E357,594.93 thence running south 9 degrees 13 minutes 44.5 seconds east 491.68 feet to a point N220,362.12, E357,673.79 thence running south 35 degrees 47 minutes 19.4 seconds west 15.20 feet to the point of origin. (e) Clatsop County Diking District No. 10, Karlson Island, Oregon Beginning on the date of enactment of this Act, the Secretary is no longer authorized to carry out the Diking District No. 10, Karlson Island portion of the project for raising and improving existing levees in Clatsop County, Oregon, authorized by section 5 of the Act of June 22, 1936 ( 33 U.S.C. 701h ). (f) Numberg Dike No. 34 leveed area, Clatsop County Diking District No. 13, Clatsop County, Oregon (Walluski-Youngs) Beginning on the date of enactment of this Act, the Secretary is no longer authorized to carry out the Numberg Dike No. 34 leveed area, Clatsop County Diking District, No. 13, Walluski River and Youngs River dikes, portion of the project for raising and improving existing levees in Clatsop County, Oregon, authorized by section 5 of the Act of June 22, 1936 ( 33 U.S.C. 701h ). (g) Port of Hood River, Oregon (1) Extinguishment of portions of existing flowage easement With respect to the properties described in paragraph (2), beginning on the date of enactment of this Act, the flowage easement identified as Tract 1200E–6 on the Easement Deed recorded as Instrument No. 740320 is extinguished above elevation 79.39 feet (NGVD 29) the Ordinary High Water Line. (2) Affected properties The properties referred to in paragraph (1), as recorded in Hood River County, Oregon, are as follows: (A) Instrument Number 2010–1235 (B) Instrument Number 2010–02366. (C) Instrument Number 2010–02367. (D) Parcel 2 of Partition Plat #2011–12P. (E) Parcel 1 of Partition Plat 2005–26P. (3) Federal liabilities; cultural, environmental, and other regulatory reviews (A) Federal liability The United States shall not be liable for any injury caused by the extinguishment of the easement under this subsection. (B) Cultural and environmental regulatory actions Nothing in this subsection establishes any cultural or environmental regulation relating to the properties described in paragraph (2). (4) Effect on other rights Nothing in this subsection affects any remaining right or interest of the Corps of Engineers in the properties described in paragraph (2). (h) Eightmile River, Connecticut (1) The portion of the project for navigation, Eightmile River, Connecticut, authorized by the first section of the Act of June 25, 1910 (commonly known as the River and Harbor Act of 1910 ) (36 Stat. 633, chapter 382), that begins at a point of the existing 8-foot channel limit with coordinates N701002.39, E1109247.73, thence running north 2 degrees 19 minutes 57.1 seconds east 265.09 feet to a point N701267.26, E1109258.52, thence running north 7 degrees 47 minutes 19.3 seconds east 322.32 feet to a point N701586.60, E1109302.20, thence running north 90 degrees 0 minutes 0 seconds east 65.61 to a point N701586.60, E1109367.80, thence running south 7 degrees 47 minutes 19.3 seconds west 328.11 feet to a point N701261.52, E1109323.34, thence running south 2 degrees 19 minutes 57.1 seconds west 305.49 feet to an end at a point N700956.28, E1109310.91 on the existing 8-foot channel limit, shall be reduced to a width of 65 feet and the channel realigned to follow the deepest available water. (2) Beginning on the date of enactment of this Act, the Secretary is no longer authorized to carry out the portion of the project beginning at a point N701296.72, E1109262.55 and running north 45 degrees 4 minutes 2.8 seconds west 78.09 feet to a point N701341.18, E1109217.98, thence running north 5 degrees 8 minutes 34.6 seconds east 180.14 feet to a point N701520.59, E1109234.13, thence running north 54 degrees 5 minutes 50.1 seconds east 112.57 feet to a point N701568.04, E1109299.66, thence running south 7 degrees 47 minutes 18.4 seconds west 292.58 feet to the point of origin; and the remaining area north of the channel realignment beginning at a point N700956.28, E1109310.91 thence running north 2 degrees 19 minutes 57.1 seconds east 305.49 feet west to a point N701261.52, E1109323.34 north 7 degrees 47 minutes 18.4 seconds east 328.11 feet to a point N701586.60, E1109367.81 thence running north 90 degrees 0 minutes 0 seconds east 7.81 feet to a point N701586.60, E1109375.62 thence running south 5 degrees 8 minutes 34.6 seconds west 626.29 feet to a point N700962.83, E1109319.47 thence south 52 degrees 35 minutes 36.5 seconds 10.79 feet to the point of origin. (i) Burnham Canal Beginning on the date of enactment of this Act, the Secretary is no longer authorized to carry out the portion of the project for navigation, Milwaukee Harbor Project, Milwaukee, Wisconsin, known as the Burnham Canal, beginning at channel point #415a N381768.648, E2524554.836, a distance of about 170.58 feet, thence running south 53 degrees 43 minutes 41 seconds west to channel point #417 N381667.728, E2524417.311, a distance of about 35.01 feet, thence running south 34 degrees 10 minutes 40 seconds west to channel point #501 N381638.761, E2524397.639 a distance of about 139.25 feet, thence running south 34 degrees 10 minutes 48 seconds west to channel point #503 N381523.557, E2524319.406 a distance of about 235.98 feet, thence running south 32 degrees 59 minutes 13 seconds west to channel point #505 N381325.615, E2524190.925 a distance of about 431.29 feet, thence running south 32 degrees 36 minutes 05 seconds west to channel point #509 N380962.276, E2523958.547, a distance of about 614.52 feet, thence running south 89 degrees 05 minutes 00 seconds west to channel point #511 N380952.445, E2523344.107, a distance of about 74.68 feet, thence running north 89 degrees 04 minutes 59 seconds west to channel point #512 N381027.13, E2523342.91, a distance of about 533.84 feet, thence running north 89 degrees 05 minutes 00 seconds east to channel point #510 N381035.67, E2523876.69, a distance of about 47.86 feet, thence running north 61 degrees 02 minutes 07 seconds east to channel point #508 N381058.84, E2523918.56, a distance of about 308.55 feet, thence running north 36 degrees 15 minutes 29 seconds east to channel point #506 N381307.65, E2524101.05, distance of about 199.98 feet, thence running north 32 degrees 59 minutes 12 seconds east to channel point #504 N381475.40, E2524209.93, a distance of about 195.14 feet, thence running north 26 degrees 17 minutes 22 seconds east to channel point #502 N381650.36, E2524296.36, a distance of about 81.82 feet, thence running north 88 degrees 51 minutes 05 seconds west to channel point #419 N381732.17, E2524294.72 a distance of about 262.65 feet, thence running north 82 degrees 01 minutes 02 seconds east to channel point # 415a the point of origin. (j) Walnut Creek, California Beginning on the date of enactment of this Act, the Secretary is no longer authorized to carry out the portion of the project for flood protection on Walnut Creek, California, constructed in accordance with the plan authorized by section 203 of the Flood Control Act of 1960 ( Public Law 86–645 ; 74 Stat. 488) that consists of the culvert on the San Ramon Creek constructed by the Department of the Army in 1971 that extends from Sta 4+27 to Sta 14+27. 3007. Raritan River Basin, Green Brook Sub-basin, New Jersey Title I of the Energy and Water Development Appropriations Act, 1998 ( Public Law 105–62 ; 111 Stat. 1327) is amended by striking section 102. 3008. Red River Basin, Oklahoma, Texas, Arkansas, Louisiana (a) In general The Secretary is authorized to reassign unused irrigation storage within a reservoir on the Red River Basin to municipal and industrial water supply for use by a non-Federal interest if that non-Federal interest has already contracted for a share of municipal and industrial water supply on the same reservoir. (b) Non-Federal interest A reassignment of storage under subsection (a) shall be contingent upon the execution of an agreement between the Secretary and the applicable non-Federal interest. 3009. Point Judith Harbor of Refuge, Rhode Island The project for the Harbor of Refuge at Point Judith, Narragansett, Rhode Island, adopted by the Act of September 19, 1890 (commonly known as the River and Harbor Act of 1890 ) (26 Stat. 426, chapter 907), House Document numbered 66, 51st Congress, 1st Session, and modified to include the west shore arm breakwater under the first section of the Act of June 25, 1910 (commonly known as the River and Harbor Act of 1910 ) (36 Stat. 632, chapter 382), is further modified to include shore protection and erosion control as project purposes. 3010. Land conveyance of Hammond Boat Basin, Warrenton, Oregon (a) Definitions In this section: (1) City The term City means the city of Warrenton, located in Clatsop County, Oregon. (2) Map The term map means the map contained in Exhibit A of Department of the Army Lease No. DACW57–1–88–0033 (or a successor instrument). (b) Conveyance authority Subject to the provisions of this section, the Secretary shall convey to the City by quitclaim deed, and without consideration, all right, title, and interest of the United States in and to the parcel of land described in subsection (c). (c) Description of land (1) In general Except as provided in paragraph (2), the land referred to in subsection (b) is the parcel totaling approximately 59 acres located in the City, together with any improvements thereon, including the Hammond Marina (as described in the map). (2) Exclusion The land referred to in subsection (b) shall not include the site provided for the fisheries research support facility of the National Marine Fisheries Service. (3) Availability of map The map shall be on file in the Portland District Office of the Corps of Engineers. (d) Terms and conditions (1) In general As a condition of the conveyance under subsection (b), the City shall agree in writing— (A) that the City and any successor or assign of the City will release and indemnify the United States from any claims or liabilities that may arise from or through the operations of the land conveyed by the United States; and (B) to pay any cost associated with the conveyance under subsection (b). (2) Additional terms and conditions The Secretary may impose such additional terms, conditions, and requirements on the conveyance under subsection (b) as the Secretary considers appropriate to protect the interest of the United States, including the requirement that the City assume full responsibility for operating and maintaining the channel and the breakwater. (e) Reversion If the Secretary determines that the land conveyed under this section ceases to be owned by the public, all right, title, and interest in and to the land shall, at the discretion of the Secretary, revert to the United States. (f) Deauthorization After the land is conveyed under this section, the land shall no longer be a portion of the project for navigation, Hammond Small Boat Basin, Oregon, authorized by section 107 of the Rivers and Harbor Act of 1960 ( 33 U.S.C. 577 ). 3011. Metro East Flood Risk Management Program, Illinois (a) In general The following projects shall constitute a program, to be known as the Metro East Flood Risk Management Program, Illinois : (1) Prairie du Pont Drainage and Levee District and Fish Lake Drainage and Levee District, Illinois, authorized by— (A) section 5 of the Act of June 22, 1936 (33 U.S.C. 701h); and (B) section 5070 of the Water Resources Development Act of 2007 ( Public Law 110–114 ; 121 Stat. 1220). (2) East St. Louis, Illinois, authorized by— (A) section 5 of the Act of June 22, 1936 (33 U.S.C. 701h); and (B) Energy and Water Development Appropriation Act, 1988 ( Public Law 100–202 ; 101 Stat. 1329–104). (3) Wood River Drainage and Levee District, Illinois, authorized by— (A) section 4 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved June 28, 1938 (52 Stat. 1218); and (B) section 1001(20) of the Water Resources Development Act of 2007 ( Public Law 110–114 ; 121 Stat. 1053). 3012. Florida Keys water quality improvements Section 109 of title I of division B of the Miscellaneous Appropriations Act, 2001 (114 Stat. 2763A–221, 121 Stat. 1217) is amended— (1) in subsection (a), by inserting and unincorporated communities after municipalities ; and (2) by redesignating subsection (f) as subsection (g); and (3) by inserting after subsection (e) the following: (f) Priority In providing assistance under this section, the Secretary shall give priority to projects sponsored by— (1) the State of Florida; (2) Monroe County, Florida; and (3) incorporated communities in Monroe County, Florida. . 3013. Des Moines Recreational River and Greenbelt, Iowa The boundaries for the project referred to as the Des Moines Recreational River and Greenbelt, Iowa under the heading Corps of Engineers—Civil under the heading Department of the Army under the heading Department of Defense—Civil in chapter IV of title I of the Supplemental Appropriations Act, 1985 (Public Law 99–88, 99 Stat. 313) are revised to include the entirety of sections 19 and 29, situated in T89N, R28W. 3014. Land conveyance, Craney Island Dredged Material Management Area, Portsmouth, Virginia (a) In general Subject to the conditions described in this section, the Secretary may convey to the Commonwealth of Virginia, by quitclaim deed and without consideration, all right, title, and interest of the United States in and to 2 parcels of land situated within the project for navigation, Craney Island Eastward Expansion, Norfolk Harbor and Channels, Hampton Roads, Virginia, authorized by section 1001(45) of the Water Resources Development Act of 2007 (Pub. L. 110–114; 121 Stat. 1057), together with any improvements thereon. (b) Lands To be conveyed (1) In general The 2 parcels of land to be conveyed under this section include a parcel consisting of approximately 307.82 acres of land and a parcel consisting of approximately 13.33 acres of land, both located along the eastern side of the Craney Island Dredged Material Management Area in Portsmouth, Virginia. (2) Use The 2 parcels of land described in paragraph (1) may be used by the Commonwealth of Virginia exclusively for the purpose of port expansion, including the provision of road and rail access and the construction of a shipping container terminal. (c) Terms and conditions Land conveyed under this section shall be subject to— (1) a reversionary interest in the United States if the land— (A) ceases to be held in public ownership; or (B) is used for any purpose that is inconsistent with subsection (b); and (2) such other terms, conditions, reservations, and restrictions that the Secretary determines to be necessary and appropriate to protect the interests of the United States. (d) Legal description The exact acreage and legal description of land to be conveyed under this section shall be determined by a survey that is satisfactory to the Secretary. (e) Conveyance costs The Commonwealth of Virginia shall be responsible for all costs associated with the conveyance authorized by this section, including the cost of the survey required under subsection (d) and other administrative costs. 3015. Los Angeles County Drainage Area, California The project for flood control, Los Angeles County Drainage Area, California, authorized by section 101(b) of the Water Resources Development Act of 1990 (Pub. L. 101–640; 104 Stat. 4611), as modified, is further modified to authorize the Secretary to include, as a part of the project, measures for flood risk reduction, ecosystem restoration, and recreation in the Compton Creek watershed. 3016. Oakland Inner Harbor Tidal Canal, California Section 3182(b)(1) of the Water Resources Development Act of 2007 ( Public Law 110–114 ; 121 Stat. 1165) is amended— (1) in subparagraph (A), by inserting , or to a multicounty public entity that is eligible to hold title to real property after To the city of Oakland ; and (2) by inserting multicounty public entity or other before public entity . 3017. Redesignation of Lower Mississippi River Museum and Riverfront Interpretive Site (a) 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 . (b) 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 subsection (a) shall be deemed to be a reference to the Jesse Brent Lower Mississippi River Museum and Riverfront Interpretive Site . 3018. Louisiana Coastal Area (a) Interim adoption of comprehensive coastal master plan (1) In general Section 7002 of the Water Resources Development Act of 2007 ( Public Law 110–114 ; 121 Stat. 1270) is amended— (A) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; (B) by inserting after subsection (c) the following: (d) Interim adoption of comprehensive master plan Prior to completion of the comprehensive plan described under subsection (a), the Secretary shall adopt the plan of the State of Louisiana entitled Louisiana’s Comprehensive Master Plan for a Sustainable Coast in effect on the date of enactment of the Water Resources Development Act of 2013 (and subsequent plans), authorized and defined pursuant to Act 8 of the First Extraordinary Session of the Louisiana State Legislature, 2005, for protecting, preserving, and restoring the coastal Louisiana ecosystem until implementation of the comprehensive plan is complete. ; and (C) in subsection (g)(1) (as so redesignated), by striking 1 year and inserting 10 years . (2) Conforming amendment Subsection (f) (as so redesignated) is amended by striking subsection (d)(1) and inserting subsection (e)(1) . (b) Section 7006 of the Water Resources Development Act of 2007 ( Public Law 110–114 ; 121 Stat. 1274) is amended— (1) in subsection (a)(2)— (A) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (B) by inserting after subparagraph (B) the following: (C) to examine a system-wide approach to coastal sustainability, including— (i) flood and storm damage protection; (ii) coastal restoration; and (iii) the elevation of public and private infrastructure; ; and (2) in subsection (c)(1)(E), by striking at Myrtle Grove and inserting in the vicinity of Myrtle Grove . (c) Effect (1) In general Nothing in this section or an amendment made by this section authorizes the construction of a project or program associated with a storm surge barrier across the Lake Pontchartrain land bridge (including Chef Menteur Pass and the Rigolets) that would result in unmitigated induced flooding in coastal communities within the State of Mississippi. (2) Required consultation Any study to advance a project described in paragraph (1) that is conducted using funds from the General Investigations Account of the Corps of Engineers shall include consultation and approval of the Governors of the States of Louisiana and Mississippi. 3019. Four Mile Run, city of Alexandria and Arlington County, Virginia Section 84(a)(1) of the Water Resources Development Act of 1974 ( Public Law 93–251 ; 88 Stat. 35) is amended by striking twenty-seven thousand cubic feet per second and inserting 18,000 cubic feet per second . 3020. East Fork of Trinity River, Texas The portion of the project for flood protection on the East Fork of the Trinity River, Texas, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1185), that consists of the 2 levees identified as Kaufman County Levees K5E and K5W shall no longer be authorized as a part of the Federal project as of the date of enactment of this Act. 3021. Seward Waterfront, Seward, Alaska (a) In general The parcel of land included in the Seward Harbor, Alaska navigation project identified as Tract H, Seward Original Townsite, Waterfront Park Replat, Plat No 2012–4, Seward Recording District, shall not be subject to the navigation servitude (as of the date of enactment of this Act). (b) Entry by Federal Government The Federal Government may enter upon any portion of the land referred to in subsection (a) to carry out any required operation and maintenance of the general navigation features of the project. IV Water resource studies 4001. Purpose The purpose of this title is to authorize the Secretary to study and recommend solutions for water resource issues relating to flood risk and storm damage reduction, navigation, and aquatic ecosystem restoration. 4002. Initiation of new water resources studies (a) In general Subject to subsections (b), (c), and (d), the Secretary may initiate a study— (1) to determine the feasibility of carrying out 1 or more projects for flood risk management, storm damage reduction, aquatic ecosystem restoration, navigation, hydropower, or related purposes; or (2) to carry out watershed and river basin assessments in accordance with section 729 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2267a ). (b) Criteria The Secretary may only initiate a study under subsection (a) if— (1) the study— (A) has been requested by an eligible non-Federal interest; (B) is for an area that is likely to include a project with a Federal interest; and (C) addresses a high-priority water resource issue necessary for the protection of human life and property, the environment, or the national security interests of the United States; and (2) the non-Federal interest has demonstrated— (A) that local support exists for addressing the water resource issue; and (B) the financial ability to provide the required non-Federal cost-share. (c) Congressional approval (1) Submission to congress Prior to initiating a study under subsection (a), the Secretary shall submit to the Committees on Environment and Public Works and Appropriations of the Senate and the Committees on Transportation and Infrastructure and Appropriations of the House— (A) a description of the study, including the geographical area addressed by the study; (B) a description of how the study meets each of the requirements of subsection (b); and (C) a certification that the proposed study can be completed within 3 years and for a Federal cost of not more than $3,000,000. (2) Expenditure of funds No funds may be spent on a study initiated under subsection (a) unless— (A) the required information is submitted to Congress under paragraph (1); and (B) after such submission, amounts are appropriated to initiate the study in an appropriations or other Act. (3) Additional notification The Secretary shall notify each Senator or Member of Congress with a State or congressional district in the study area described in paragraph (1)(A). (d) Limitations (1) In general Subsection (a) shall not apply to a project for which a study has been authorized prior to the date of enactment of this Act. (2) New studies In each fiscal year, the Secretary may initiate not more than— (A) 3 new studies in each of the primary mission areas of the Corps of Engineers; and (B) 3 new studies from any 1 division of the Corps of Engineers. (e) Termination The authority under subsection (a) expires on the date that is 3 years after the date of enactment of this Act. (f) Authorization of Appropriations There is authorized to be appropriated to the Secretary to carry out this section $25,000,000 for each of fiscal years 2014 through 2017. 4003. Applicability (a) In general Nothing in this title authorizes the construction of a water resources project. (b) New authorization required New authorization from Congress is required before any project evaluated in a study under this title is constructed. V Regional and nonproject provisions 5001. Purpose The purpose of this title is to authorize regional, multistate authorities to address water resource needs and other non-project provisions. 5002. Northeast Coastal Region ecosystem restoration (a) In general The Secretary shall plan, design, and construct projects for aquatic ecosystem restoration within the coastal waters of the Northeastern United States from the State of Virginia to the State of Maine, including associated bays, estuaries, and critical riverine areas. (b) General coastal management plan (1) Assessment The Secretary, in coordination with the Administrator of the Environmental Protection Agency, the heads of other appropriate Federal agencies, the Governors of the coastal States from Virginia to Maine, nonprofit organizations, and other interested parties, shall assess the needs regarding, and opportunities for, aquatic ecosystem restoration within the coastal waters of the Northeastern United States. (2) Plan The Secretary shall develop a general coastal management plan based on the assessment carried out under paragraph (1), maximizing the use of existing plans and investigation, which plan shall include— (A) an inventory and evaluation of coastal habitats; (B) identification of aquatic resources in need of improvement; (C) identification and prioritization of potential aquatic habitat restoration projects; and (D) identification of geographical and ecological areas of concern, including— (i) finfish habitats; (ii) diadromous fisheries migratory corridors; (iii) shellfish habitats; (iv) submerged aquatic vegetation; (v) wetland; and (vi) beach dune complexes and other similar habitats. (c) Eligible projects The Secretary may carry out an aquatic ecosystem restoration project under this section if the project— (1) is consistent with the management plan developed under subsection (b); and (2) provides for— (A) the restoration of degraded aquatic habitat (including coastal, saltmarsh, benthic, and riverine habitat); (B) the restoration of geographical or ecological areas of concern, including the restoration of natural river and stream characteristics; (C) the improvement of water quality; or (D) other projects or activities determined to be appropriate by the Secretary. (d) Cost sharing (1) Management plan The management plan developed under subsection (b) shall be completed at Federal expense. (2) Restoration projects The non-Federal share of the cost of a project carried out under this section shall be 35 percent. (e) Cost limitation Not more than $10,000,000 in Federal funds may be allocated under this section for an eligible project. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section (including funds for the completion of the management plan) $25,000,000 for each of fiscal years 2014 through 2023. 5003. Chesapeake Bay Environmental Restoration and Protection Program Section 510 of the Water Resources Development Act of 1996 ( Public Law 104–303 ; 110 Stat. 3759; 121 Stat. 1202) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking pilot program and inserting program ; and (ii) by inserting in the basin States described in subsection (f) and the District of Columbia after interests ; and (B) by striking paragraph (2) and inserting the following: (2) Form The assistance under paragraph (1) shall be in the form of design and construction assistance for water-related resource protection and restoration projects affecting the Chesapeake Bay estuary, based on the comprehensive plan under subsection (b), including projects for— (A) sediment and erosion control; (B) protection of eroding shorelines; (C) ecosystem restoration, including restoration of submerged aquatic vegetation; (D) protection of essential public works; (E) beneficial uses of dredged material; and (F) other related projects that may enhance the living resources of the estuary. ; (2) by striking subsection (b) and inserting the following: (b) Comprehensive plan (1) In general Not later than 2 years after the date of enactment of the Water Resources Development Act of 2013 , the Secretary, in cooperation with State and local governmental officials and affected stakeholders, shall develop a comprehensive Chesapeake Bay restoration plan to guide the implementation of projects under subsection (a)(2). (2) Coordination The restoration plan described in paragraph (1) shall, to the maximum extent practicable, consider and avoid duplication of any ongoing or planned actions of other Federal, State, and local agencies and nongovernmental organizations. (3) Prioritization The restoration plan described in paragraph (1) shall give priority to projects eligible under subsection (a)(2) that will also improve water quality or quantity or use natural hydrological features and systems. (4) Administration The Federal share of the costs of carrying out paragraph (1) shall be 75 percent. ; (3) in subsection (c)— (A) in paragraph (1), by striking to provide and all that follows through the period at the end and inserting for the design and construction of a project carried out pursuant to the comprehensive Chesapeake Bay restoration plan described in subsection (b). ; (B) in paragraph (2)(A), by striking facilities or resource protection and development plan and inserting resource protection and restoration plan ; and (C) by adding at the end the following: (3) Projects on Federal land A project carried out pursuant to the comprehensive Chesapeake Bay restoration plan described in subsection (b) that is located on Federal land shall be carried out at the expense of the Federal agency that owns the land on which the project will be a carried out. (4) Non-Federal contributions A Federal agency carrying out a project described in paragraph (3) may accept contributions of funds from non-Federal entities to carry out that project. ; (4) by striking subsection (e) and inserting the following: (e) Cooperation In carrying out this section, the Secretary shall cooperate with— (1) the heads of appropriate Federal agencies, including— (A) the Administrator of the Environmental Protection Agency; (B) the Secretary of Commerce, acting through the Administrator of the National Oceanographic and Atmospheric Administration; (C) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and (D) the heads of such other Federal agencies as the Secretary determines to be appropriate; and (2) agencies of a State or political subdivision of a State, including the Chesapeake Bay Commission. ; (5) by striking subsection (f) and inserting the following: (f) Projects The Secretary shall establish, to the maximum extent practicable, at least 1 project under this section in— (1) regions within the Chesapeake Bay watershed of each of the basin States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia; and (2) the District of Columbia. ; (6) by striking subsection (h); and (7) by redesignating subsection (i) as subsection (h). 5004. Rio Grande environmental management program, Colorado, New Mexico, Texas Section 5056 of the Water Resources Development Act of 2007 (121 Stat. 1213) is amended— (1) in subsection (b)(2)— (A) in the matter preceding subparagraph (A), by striking 2008 and inserting 2014 ; and (B) in subparagraph (C), by inserting and an assessment of needs for other related purposes in the Rio Grande Basin, including flood damage reduction after assessment ; (2) in subsection (c)(2)— (A) by striking an interagency agreement with and inserting 1 or more interagency agreements with the Secretary of State and ; and (B) by inserting or the U.S. Section of the International Boundary and Water Commission after the Department of the Interior ; and (3) in subsection (f), by striking 2011 and inserting 2024 . 5005. Lower Columbia River and Tillamook Bay ecosystem restoration, Oregon and Washington Section 536(g) of the Water Resources Development Act of 2000 (114 Stat. 2661) is amended by striking $30,000,000 and inserting $75,000,000 . 5006. Arkansas River, Arkansas and Oklahoma (a) Project Goal The goal for operation of the McClellan-Kerr Arkansas River navigation system, Arkansas and Oklahoma, shall be to maximize the use of the system in a balanced approach that incorporates advice from representatives from all project purposes to ensure that the full value of the system is realized by the United States. (b) McClellan-Kerr Arkansas River navigation system advisory committee (1) In general In accordance with the Federal Advisory Committee Act (5 U.S.C. App.), the Secretary shall establish an advisory committee for the McClellan-Kerr Arkansas River navigation system, Arkansas and Oklahoma, project authorized by the Act of July 24, 1946 (60 Stat. 635, chapter 595). (2) Duties The advisory committee shall— (A) serve in an advisory capacity only; and (B) provide information and recommendations to the Corps of Engineers relating to the efficiency, reliability, and availability of the operations of the McClellan-Kerr Arkansas River navigation system. (3) Selection and composition The advisory committee shall be— (A) selected jointly by the Little Rock district engineer and the Tulsa district engineer; and (B) composed of members that equally represent the McClellan-Kerr Arkansas River navigation system project purposes. (4) Agency resources The Little Rock district and the Tulsa district of the Corps of Engineers, under the supervision of the southwestern division, shall jointly provide the advisory committee with adequate staff assistance, facilities, and resources. (5) Termination (A) In general Subject to subparagraph (B), the advisory committee shall terminate on the date on which the Secretary submits a report to Congress demonstrating increases in the efficiency, reliability, and availability of the McClellan-Kerr Arkansas River navigation system. (B) Restriction The advisory committee shall terminate not less than 2 calendar years after the date on which the advisory committee is established. 5007. Aquatic invasive species prevention and management; Columbia River Basin (a) In general The Secretary may establish a program to prevent and manage aquatic invasive species in the Columbia River Basin in the States of Idaho, Montana, Oregon, and Washington. (b) Watercraft inspection stations (1) In general In carrying out this section, the Secretary shall 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 into reservoirs operated and maintained by the Secretary. (2) Inclusions Locations identified under paragraph (1) may include— (A) State border crossings; (B) international border crossings; and (C) highway entry points that are used by owners of watercraft to access boat launch facilities owned or managed by the Secretary. (3) Cost-share The non-Federal share of the cost of operating and maintaining watercraft inspection stations described in paragraph (1) (including personnel costs) shall be 50 percent. (4) Other inspection sites The Secretary may establish watercraft inspection stations using amounts made available to carry out this section in States other than those described in paragraph (1) at or near boat launch facilities that the Secretary determines are regularly used by watercraft to enter the States described in paragraph (1). (c) Monitoring and contingency planning The Secretary shall— (1) carry out risk assessments of each major public and private water resources facility in the Columbia River Basin; (2) establish an aquatic invasive species monitoring program in the Columbia River Basin; (3) establish a Columbia River Basin watershed-wide plan for expedited response to an infestation of aquatic invasive species; and (4) monitor water quality, including sediment cores and fish tissue samples, at facilities owned or managed by the Secretary in the Columbia River Basin. (d) Coordination In carrying out this section, the Secretary shall consult and coordinate with— (1) the States described in subsection (a); (2) Indian tribes; and (3) other Federal agencies, including— (A) the Department of Agriculture; (B) the Department of Energy; (C) the Department of Homeland Security; (D) the Department of Commerce; and (E) the Department of the Interior. (e) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $30,000,000, of which $5,000,000 may be used to carry out subsection (c). 5008. Upper Missouri Basin flood and drought monitoring (a) In general The Secretary, in coordination with the Administrator of the National Oceanic and Atmospheric Administration, the Chief of the Natural Resources Conservation Service, the Director of the United States Geological Survey, and the Commissioner of the Bureau of Reclamation, shall establish a program to provide for— (1) soil moisture and snowpack monitoring in the Upper Missouri River Basin to reduce flood risk and improve river and water resource management in the Upper Missouri River Basin, as outlined in the February 2013 report entitled Upper Missouri Basin Monitoring Committee—Snow Sampling and Instrumentation Recommendations ; (2) restoring and maintaining existing mid- and high-elevation snowpack monitoring sites operated under the SNOTEL program of the Natural Resources Conservation Service; and (3) operating streamflow gages and related interpretive studies in the Upper Missouri River Basin under the cooperative water program and the national streamflow information program of the United States Geological Service. (b) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $11,250,000. (c) Use of Funds Amounts made available to the Secretary under this section shall be used to complement other related activities of Federal agencies that are carried out within the Missouri River Basin. (d) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the Secretary, shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that— (1) identifies progress made by the Secretary and other Federal agencies to implement the recommendations contained in the report described in subsection (a)(1) with respect to enhancing soil moisture and snowpack monitoring in the Upper Missouri Basin; and (2) includes recommendations to enhance soil moisture and snowpack monitoring in the Upper Missouri Basin. 5009. Upper Missouri Basin shoreline erosion prevention (a) In general (1) Authorization of assistance The Secretary may provide planning, design, and construction assistance to not more than 3 federally-recognized Indian tribes in the Upper Missouri River Basin to undertake measures to address shoreline erosion that is jeopardizing existing infrastructure resulting from operation of a reservoir constructed under the Pick-Sloan Missouri River Basin Program (authorized by section 9 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 891, chapter 665)). (2) Limitation The projects described in paragraph (1) shall be economically justified, technically feasible, and environmentally acceptable. (b) Federal and non-Federal cost share (1) In general Subject to paragraph (2), the Federal share of the costs of carrying out this section shall be not less than 75 percent. (2) Ability to pay The Secretary may adjust the Federal and non-Federal shares of the costs of carrying out this section in accordance with the terms and conditions of section 103(m) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(m)). (c) Conditions The Secretary may provide the assistance described in subsection (a) only after— (1) consultation with the Department of the Interior; and (2) execution by the Indian tribe of a memorandum of agreement with the Secretary that specifies that the tribe shall— (A) be responsible for— (i) all operation and maintenance activities required to ensure the integrity of the measures taken; and (ii) providing any required real estate interests in and to the property on which such measures are to be taken; and (B) hold and save the United States free from damages arising from planning, design, or construction assistance provided under this section, except for damages due to the fault or negligence of the United States or its contractors. (d) Authorization of appropriations For each Indian tribe eligible under this section, there is authorized to be appropriated to carry out this section not more than $30,000,000. 5010. Northern Rockies headwaters extreme weather mitigation (a) In general Subject to subsection (b), the Secretary shall establish a program to mitigate the impacts of extreme weather events, such as floods and droughts, on communities, water users, and fish and wildlife located in and along the headwaters of the Columbia, Missouri, and Yellowstone Rivers (including the tributaries of those rivers) in the States of Idaho and Montana by carrying out river, stream, and floodplain protection and restoration projects, including— (1) floodplain restoration and reconnection; (2) floodplain and riparian area protection through the use of conservation easements; (3) instream flow restoration projects; (4) fish passage improvements; (5) channel migration zone mapping; and (6) invasive weed management. (b) Restriction All projects carried out using amounts made available to carry out this section shall emphasize the protection and enhancement of natural riverine processes. (c) Non-federal cost share The non-Federal share of the costs of carrying out a project under this section shall not exceed 35 percent of the total cost of the project. (d) Coordination In carrying out this section, the Secretary— (1) shall consult and coordinate with the appropriate State natural resource agency in each State; and (2) may— (A) delegate any authority or responsibility of the Secretary under this section to those State natural resource agencies; and (B) provide amounts made available to the Secretary to carry out this section to those State natural resource agencies. (e) Limitations Nothing in this section invalidates, preempts, or creates any exception to State water law, State water rights, or Federal or State permitted activities or agreements in the States of Idaho and Montana or any State containing tributaries to rivers in those States. (f) Effect of section (1) In general Nothing in this section replaces or provides a substitute for the authority to carry out projects under section 3110 of the Water Resources Development Act of 2007 (121 Stat. 1135). (2) Funding The amounts made available to carry out this section shall be used to carry out projects that are not otherwise carried out under section 3110 of the Water Resources Development Act of 2007 (121 Stat. 1135). (g) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $30,000,000. 5011. Aquatic nuisance species prevention, Great Lakes and Mississippi River Basin (a) 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 dispersing into the Great Lakes by way of any hydrologic connection between the Great Lakes and the Mississippi River Basin. (b) Reports The Secretary shall report to the Committees on Environment and Public Works and Appropriations of the Senate and the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives any emergency actions taken pursuant to this section. 5012. Middle Mississippi River pilot program (a) In general In accordance with the project for navigation, Mississippi River between the Ohio and Missouri Rivers (Regulating Works), Missouri and Illinois, authorized by the Act of June 25, 1910 (36 Stat. 631, chapter 382) (commonly known as the River and Harbor Act of 1910 ), the Act of January 1, 1927 (44 Stat. 1010, chapter 47) (commonly known as the River and Harbor Act of 1927 ), and the Act of July 3, 1930 (46 Stat. 918, chapter 847), the Secretary shall carry out a pilot program to restore and protect fish and wildlife habitat in the middle Mississippi River. (b) Authorized activities As part of the pilot program carried out under subsection (a), the Secretary may carry out any activity along the Middle Mississippi River that is necessary to improve navigation through the project while restoring and protecting fish and wildlife habitat in the middle Mississippi River if the Secretary determines that the activity is feasible. (c) Cost-Sharing requirement (1) In general The maximum Federal share of the cost of carrying out a project under this section shall be 65 percent. (2) Amount expended per project The Federal share described in paragraph (1) shall not exceed $10,000,000 for each project. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2014 through 2023. 5013. Idaho, Montana, rural Nevada, New Mexico, rural Utah, and Wyoming Section 595 of the Water Resources Development Act of 1999 ( Public Law 106–53 ; 113 Stat. 383) is amended— (1) by striking subsection (c) and inserting the following: (c) Form of assistance Assistance under this section may be in the form of— (1) design and construction assistance for water-related environmental infrastructure and resource protection and development in Idaho, Montana, rural Nevada, New Mexico, rural Utah, and Wyoming, including projects for— (A) wastewater treatment and related facilities; (B) water supply and related facilities; (C) environmental restoration; and (D) surface water resource protection and development; and (2) technical assistance to small and rural communities for water planning and issues relating to access to water resources. ; and (2) by striking subsection (h) and inserting the following: (h) Authorization of appropriations There is authorized to be appropriated to carry out this section for the period beginning with fiscal year 2001 $450,000,000, which shall— (1) be made available to the States and locales described in subsection (b) consistent with program priorities determined by the Secretary in accordance with criteria developed by the Secretary to establish the program priorities; and (2) remain available until expended.”. 5014. Chesapeake Bay oyster restoration in Virginia and Maryland Section 704(b) of Water Resources Development Act of 1986 ( 33 U.S.C. 2263(b) ) is amended— (1) in paragraph (1), by striking $50,000,000 and inserting $70,000,000 ; and (2) by striking subparagraph (B) of paragraph (4) and inserting the following: (B) Form The non-Federal share may be provided through in-kind services, including— (i) the provision by the non-Federal interest of shell stock material that is determined by the Secretary to be suitable for use in carrying out the project; and (ii) in the case of a project carried out under paragraph (2)(D) after the date of enactment of this clause, land conservation or restoration efforts undertaken by the non-Federal interest that the Secretary determines provide water quality benefits that— (I) enhance the viability of oyster restoration efforts; and (II) are integral to the project. . 5015. Missouri River between Fort Peck Dam, Montana and Gavins Point Dam, South Dakota and Nebraska Section 9(f) of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 891, chapter 665; 102 Stat. 4031) is amended by striking $3,000,000 and inserting $5,000,000 . 5016. Operations and maintenance of inland Mississippi River ports (a) Definitions In this section: (1) Shallow draft The term shallow draft means a project that has a depth less than 14 feet. (2) Inland mississippi river The term inland Mississippi River means the portion of the Mississippi River that begins at the confluence of the Minnesota River and ends at the confluence of the Red River. (b) In general The Secretary, acting through the Chief of Engineers, shall carry out dredging activities on shallow draft ports located on the Inland Mississippi River to the respective authorized widths and depths of those inland ports, as authorized on the date of enactment of this Act. (c) Authorization of appropriations For each fiscal year, there is authorized to be appropriated to the Secretary to carry out this section $25,000,000. 5017. Remote and subsistence harbors Section 2006 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2242 ) is amended— (1) in subsection (a)— (A) in paragraph (1)(B), by inserting or Alaska after Hawaii ; and (B) in paragraph (2)— (i) by striking community and inserting region ; and (ii) by inserting , as determined by the Secretary based on information provided by the non-Federal interest after improvement ; and (2) by adding at the end the following: (c) Prioritization Projects recommended by the Secretary under subsection (a) shall be given equivalent budget consideration and priority as projects recommended solely by national economic development benefits. (d) Construction (1) In general The Secretary may plan, design, or construct projects for navigation in the noncontiguous States and territories of the United States if the Secretary finds that the project is— (A) technically feasible; (B) environmentally sound; and (C) economically justified. (2) Special rule In evaluating and implementing a project under this section, the Secretary shall allow the non-Federal interest to participate in the financing of the project in accordance with the criteria established for flood control projects in section 903(c) of the Water Resources Development Act of 1986 ( Public Law 99–662 ; 100 Stat. 4184) if the detailed project report evaluation indicates that applying that section is necessary to implement the project. (3) Cost The Federal share of the cost of carrying out a project under this section shall not exceed $10,000,000. (4) Authorization of appropriations There is authorized to be appropriated to carry out projects initiated by the Secretary under this subsection $100,000,000 for fiscal years 2014 through 2023. . 5018. Multiagency effort to slow the spread of Asian carp in the Upper Mississippi River and Ohio River basins and tributaries (a) Multiagency effort To slow the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries (1) In general The Director of the United States Fish and Wildlife Service, in coordination with the Chief of Engineers, the Director of the National Park Service, and the Director of the United States Geological Survey, shall lead a multiagency effort to slow the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries by providing high-level technical assistance, coordination, best practices, and support to State and local governments in carrying out activities designed to slow, and eventually eliminate, the threat posed by Asian carp. (2) Best practices To the maximum extent practicable, the multiagency effort shall apply lessons learned and best practices such as those described in the document prepared by the Asian Carp Working Group entitled Management and Control Plan for Bighead, Black, Grass, and Silver Carps in the United States , and dated November 2007, and the document prepared by the Asian Carp Regional Coordinating Committee entitled FY 2012 Asian Carp Control Strategy Framework and dated February 2012. (b) Report to Congress (1) In general Not later than December 31 of each year, the Director of the United States Fish and Wildlife Service, in coordination with the Chief of Engineers, shall submit to the Committee on Appropriations and the Committee on Natural Resources of the House of Representatives and the Committee on Appropriations and the Committee on Environmental and Public Works of the Senate a report describing the coordinated strategies established and progress made toward goals to control and eliminate Asian carp in the Upper Mississippi and Ohio River basins and tributaries. (2) Contents Each report submitted under paragraph (1) shall include— (A) 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; (B) a summary of Federal agency efforts, including cooperative efforts with non-Federal partners, to control the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries; (C) any research that the Director determines could improve the ability to control the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries; (D) any quantitative measures that Director intends to use to document progress in controlling the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries; and (E) a cross-cut accounting of Federal and non-Federal expenditures to control the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries. 5019. Release of use restrictions Notwithstanding any other provision of law, the Tennessee Valley Authority shall, without monetary consideration, grant releases from real estate restrictions established pursuant to section 4(k)(b) of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831c(k)(b)) with respect to tracts of land identified in section 4(k)(b) of that Act; provided that such releases shall be granted in a manner consistent with applicable TVA policies. 5020. Rights and responsibilities of Cherokee Nation of Oklahoma regarding W.D. Mayo Lock and Dam, Oklahoma Section 1117 of the Water Resources Development Act of 1986 ( Public Law 99–662 ; 100 Stat. 4236) is amended to read as follows: 1117. W.D. Mayo Lock and Dam, Oklahoma (a) In general Notwithstanding any other provision of law, the Cherokee Nation of Oklahoma has authorization— (1) to design and construct 1 or more hydroelectric generating facilities at the W.D. Mayo Lock and Dam on the Arkansas River in the State of Oklahoma, subject to the requirements of subsection (b) and in accordance with the conditions specified in this section; and (2) to market the electricity generated from any such hydroelectric generating facility. (b) Preconstruction requirements (1) In general The Cherokee Nation shall obtain any permit required by Federal or State law before the date on which construction begins on any hydroelectric generating facility under subsection (a). (2) Review by Secretary The Cherokee Nation may initiate the design or construction of a hydroelectric generating facility under subsection (a) only after the Secretary reviews and approves the plans and specifications for the design and construction. (c) Payment of design and construction costs (1) In general The Cherokee Nation shall— (A) bear all costs associated with the design and construction of any hydroelectric generating facility under subsection (a); and (B) provide any funds necessary for the design and construction to the Secretary prior to the Secretary initiating any activities relating to the design and construction of the hydroelectric generating facility. (2) Use by Secretary The Secretary may— (A) accept funds offered by the Cherokee Nation under paragraph (1); and (B) use the funds to carry out the design and construction of any hydroelectric generating facility under subsection (a). (d) Assumption of liability The Cherokee Nation— (1) shall hold all title to any hydroelectric generating facility constructed under this section; (2) may, subject to the approval of the Secretary, assign that title to a third party; (3) shall be solely responsible for— (A) the operation, maintenance, repair, replacement, and rehabilitation of any such facility; and (B) the marketing of the electricity generated by any such facility; and (4) shall release and indemnify the United States from any claims, causes of action, or liabilities that may arise out of any activity undertaken to carry out this section. (e) Assistance available Notwithstanding any other provision of law, the Secretary may provide any technical and construction management assistance requested by the Cherokee Nation relating to the design and construction of any hydroelectric generating facility under subsection (a). (f) Third party agreements The Cherokee Nation may enter into agreements with the Secretary or a third party that the Cherokee Nation or the Secretary determines to be necessary to carry out this section. . 5021. Upper Mississippi River protection (a) Definition of Upper St. Anthony Falls Lock and Dam In this section, the term Upper St. Anthony Falls Lock and Dam means the lock and dam located on Mississippi River mile 853.9 in Minneapolis, Minnesota. (b) Economic impact study Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report regarding the impact of closing the Upper St. Anthony Falls Lock and Dam on the economic and environmental well-being of the State of Minnesota. (c) Mandatory closure Notwithstanding subsection (b) and not later than 1 year after the date of enactment of this Act, the Secretary shall close the Upper St. Anthony Falls Lock and Dam if the Secretary determines that the annual average tonnage moving through the Upper St. Anthony Falls Lock and Dam for the preceding 5 years is not more than 1,500,000 tons. (d) Emergency operations Nothing in this section prevents the Secretary from carrying out emergency lock operations necessary to mitigate flood damage. 5022. Arctic Deep draft port development partnerships (a) In general The Secretary may provide technical assistance, including planning, design, and construction assistance, to non-Federal public entities, including Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )), for the development, construction, operation, and maintenance of channels, harbors, and related infrastructure associated with deep draft ports for purposes of dealing with Arctic development and security needs. (b) Acceptance of funds The Secretary is authorized to accept and expend funds provided by non-Federal public entities, including Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )), to carry out the activities described in subsection (a). (c) Limitation No assistance may be provided under this section until after the date on which the entity to which that assistance is to be provided enters into a written agreement with the Secretary that includes such terms and conditions as the Secretary determines to be appropriate and in the public interest. (d) Prioritization The Secretary shall prioritize Arctic deep draft ports identified by the Army Corps, the Department of Homeland Security and the Department of Defense. 5023. Greater Mississippi River Basin severe flooding and drought management study (a) Definitions In this section: (1) Greater mississippi river basin The term greater Mississippi River Basin means the area covered by hydrologic units 5, 6, 7, 8, 10, and 11, as identified by the United States Geological Survey as of the date of enactment of this Act. (2) Lower mississippi river The term lower Mississippi River means the portion of the Mississippi River that begins at the confluence of the Ohio River and flows to the Gulf of Mexico. (3) Middle mississippi river The term middle Mississippi River means the portion of the Mississippi River that begins at the confluence of the Missouri River and flows to the lower Mississippi River. (4) Severe flooding and drought The term severe flooding and drought means severe weather events that threaten personal safety, property, and navigation on the inland waterways of the United States. (b) In general The Secretary shall carry out a study of the greater Mississippi River Basin— (1) to improve the coordinated and comprehensive management of water resource projects in the greater Mississippi River Basin relating to severe flooding and drought conditions; and (2) to evaluate the feasibility of any modifications to those water resource projects, consistent with the authorized purposes of those projects, and develop new water resource projects to improve the reliability of navigation and more effectively reduce flood risk. (c) Contents The study shall— (1) identify any Federal actions that are likely to prevent and mitigate the impacts of severe flooding and drought, including changes to authorized channel dimensions, operational procedures of locks and dams, and reservoir management within the greater Mississippi River Basin, consistent with the authorized purposes of the water resource projects; (2) identify and make recommendations to remedy challenges to the Corps of Engineers presented by severe flooding and drought, including river access, in carrying out its mission to maintain safe, reliable navigation, consistent with the authorized purposes of the water resource projects in the greater Mississippi River Basin; and (3) identify and locate natural or other physical impediments along the middle and lower Mississippi River to maintaining navigation on the middle and lower Mississippi River during periods of low water. (d) Consultation and use of existing data In carrying out the study, the Secretary shall— (1) consult with appropriate committees of Congress, Federal, State, tribal, and local agencies, environmental interests, agricultural interests, recreational interests, river navigation industry representatives, other shipping and business interests, organized labor, and nongovernmental organizations; (2) to the maximum extent practicable, use data in existence as of the date of enactment of this Act; and (3) incorporate lessons learned and best practices developed as a result of past severe flooding and drought events, including major floods and the successful effort to maintain navigation during the near historic low water levels on the Mississippi River during the winter of 2012–2013. (e) Cost-sharing The Federal share of the cost of carrying out the study under this section shall be 100 percent. (f) Report Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the study carried out under this section. (g) Savings clause Nothing in this section impacts the operations and maintenance of the Missouri River Mainstem System, as authorized by the Act of December 22, 1944 (58 Stat. 897, chapter 665). 5024. Cape Arundel Disposal Site, Maine (a) In general The Secretary, in concurrence with the Administrator of the Environmental Protection Agency, is authorized to reopen the Cape Arundel Disposal Site selected by the Department of the Army as an alternative dredged material disposal site under section 103(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413(b)) (referred to in this section as the Site ). (b) Deadline The Site may remain open under subsection (a) until the earlier of— (1) the date on which the Site does not have any remaining disposal capacity; (2) the date on which an environmental impact statement designating an alternative dredged material disposal site for southern Maine has been completed; or (3) the date that is 5 years after the date of enactment of this Act. (c) Limitations The use of the Site as a dredged material disposal site under subsection (a) shall be subject to the conditions that— (1) conditions at the Site remain suitable for the continued use of the Site as a dredged material disposal site; and (2) the Site not be used for the disposal of more than 80,000 cubic yards from any single dredging project. VI Levee safety 6001. Short title This title may be cited as the National Levee Safety Program Act . 6002. Findings; purposes (a) Findings Congress finds that— (1) there is a need to establish a national levee safety program to provide national leadership and encourage the establishment of State and tribal levee safety programs; (2) according to the National Committee on Levee Safety, the level of protection and robustness of design and construction of levees vary considerably across the country ; (3) knowing the location, condition, and ownership of levees, as well as understanding the population and infrastructure at risk in leveed areas, is necessary for identification and prioritization of activities associated with levees; (4) levees are an important tool for reducing flood risk and should be considered in the context of broader flood risk management efforts; (5) States and Indian tribes— (A) are uniquely positioned to oversee, coordinate, and regulate local and regional levee systems; and (B) should be encouraged to participate in a national levee safety program by establishing individual levee safety programs; and (6) States, Indian tribes, and local governments that do not invest in protecting the individuals and property located behind levees place those individuals and property at risk. (b) Purposes The purposes of this title are— (1) to promote sound technical practices in levee design, construction, operation, inspection, assessment, security, and maintenance; (2) to ensure effective public education and awareness of risks involving levees; (3) to establish and maintain a national levee safety program that emphasizes the protection of human life and property; and (4) to implement solutions and incentives that encourage the establishment of effective State and tribal levee safety programs. 6003. Definitions In this title: (1) Board The term Board means the National Levee Safety Advisory Board established under section 6005. (2) Canal structure (A) In general The term canal structure means an embankment, wall, or structure along a canal or manmade watercourse that— (i) constrains water flows; (ii) is subject to frequent water loading; and (iii) is an integral part of a flood risk reduction system that protects the leveed area from flood waters associated with hurricanes, precipitation events, seasonal high water, and other weather-related events. (B) Exclusion The term canal structure does not include a barrier across a watercourse. (3) Federal agency The term Federal agency means a Federal agency that designs, finances, constructs, owns, operates, maintains, or regulates the construction, operation, or maintenance of a levee. (4) Flood damage reduction system The term flood damage reduction system means a system designed and constructed to have appreciable and dependable effects in reducing damage by floodwaters. (5) Flood mitigation The term flood mitigation means any structural or nonstructural measure that reduces risks of flood damage by reducing the probability of flooding, the consequences of flooding, or both. (6) Floodplain management The term floodplain management means the operation of a community program of corrective and preventative measures for reducing flood damage. (7) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (8) Levee (A) In general The term levee means a manmade barrier (such as an embankment, floodwall, or other structure)— (i) the primary purpose of which is to provide hurricane, storm, or flood protection relating to seasonal high water, storm surges, precipitation, or other weather events; and (ii) that is normally subject to water loading for only a few days or weeks during a calendar year. (B) Inclusions The term levee includes a levee system, including— (i) levees and canal structures that— (I) constrain water flows; (II) are subject to more frequent water loading; and (III) do not constitute a barrier across a watercourse; and (ii) roadway and railroad embankments, but only to the extent that the embankments are integral to the performance of a flood damage reduction system. (C) Exclusions The term levee does not include— (i) a roadway or railroad embankment that is not integral to the performance of a flood damage reduction system; (ii) a canal constructed completely within natural ground without any manmade structure (such as an embankment or retaining wall to retain water or a case in which water is retained only by natural ground); (iii) a canal regulated by a Federal or State agency in a manner that ensures that applicable Federal safety criteria are met; (iv) a levee or canal structure— (I) that is not a part of a Federal flood damage reduction system; (II) that is not recognized under the National Flood Insurance Program as providing protection from the 1-percent-annual-chance or greater flood; (III) that is not greater than 3 feet high; (IV) the population in the leveed area of which is less than 50 individuals; and (V) the leveed area of which is less than 1,000 acres; or (v) any shoreline protection or river bank protection system (such as revetments or barrier islands). (9) Levee feature The term levee feature means a structure that is critical to the functioning of a levee, including— (A) an embankment section; (B) a floodwall section; (C) a closure structure; (D) a pumping station; (E) an interior drainage work; and (F) a flood damage reduction channel. (10) Levee safety guidelines The term levee safety guidelines means the guidelines established by the Secretary under section 6004(c)(1). (11) Levee segment The term levee segment means a discrete portion of a levee system that is owned, operated, and maintained by a single entity or discrete set of entities. (12) Levee system The term levee system means 1 or more levee segments, including all levee features that are interconnected and necessary to ensure protection of the associated leveed areas— (A) that collectively provide flood damage reduction to a defined area; and (B) the failure of 1 of which may result in the failure of the entire system. (13) Leveed area The term leveed area means the land from which flood water in the adjacent watercourse is excluded by the levee system. (14) National levee database The term national levee database means the levee database established under section 9004 of the Water Resources Development Act of 2007 ( 33 U.S.C. 3303 ). (15) Participating program The term participating program means a levee safety program developed by a State or Indian tribe that includes the minimum components necessary for recognition by the Secretary. (16) Rehabilitation The term rehabilitation means the repair, replacement, reconstruction, removal of a levee, or reconfiguration of a levee system, including a setback levee, that is carried out to reduce flood risk or meet national levee safety guidelines. (17) Risk The term risk means a measure of the probability and severity of undesirable consequences. (18) Secretary The term Secretary means the Secretary of the Army, acting through the Chief of Engineers. (19) State The term State means— (A) each of the several States of the United States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; (G) the Federated States of Micronesia; (H) the Republic of the Marshall Islands; (I) the Republic of Palau; and (J) the United States Virgin Islands. 6004. National levee safety program (a) Establishment The Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, shall establish a national levee safety program to provide national leadership and consistent approaches to levee safety, including— (1) a national levee database; (2) an inventory and inspection of Federal and non-Federal levees; (3) national levee safety guidelines; (4) a hazard potential classification system for Federal and non-Federal levees; (5) research and development; (6) a national public education and awareness program, with an emphasis on communication regarding the residual risk to communities protected by levees and levee systems; (7) coordination of levee safety, floodplain management, and environmental protection activities; (8) development of State and tribal levee safety programs; and (9) the provision of technical assistance and materials to States and Indian tribes relating to— (A) developing levee safety programs; (B) identifying and reducing flood risks associated with residual risk to communities protected by levees and levee systems; (C) identifying local actions that may be carried out to reduce flood risks in leveed areas; and (D) rehabilitating, improving, replacing, reconfiguring, modifying, and removing levees and levee systems. (b) Management (1) In general The Secretary shall appoint— (A) an administrator of the national levee safety program; and (B) such staff as is necessary to implement the program. (2) Administrator The sole duty of the administrator appointed under paragraph (1)(A) shall be the management of the national levee safety program. (c) Levee safety guidelines (1) Establishment Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency and in coordination with State and local governments and organizations with expertise in levee safety, shall establish a set of voluntary, comprehensive, national levee safety guidelines that— (A) are available for common, uniform use by all Federal, State, tribal, and local agencies; (B) incorporate policies, procedures, standards, and criteria for a range of levee types, canal structures, and related facilities and features; and (C) provide for adaptation to local, regional, or watershed conditions. (2) Requirement The policies, procedures, standards, and criteria under paragraph (1)(B) shall be developed taking into consideration the levee hazard potential classification system established under subsection (d). (3) Adoption by federal agencies All Federal agencies shall consider the levee safety guidelines in activities relating to the management of levees. (4) Public comment Prior to finalizing the guidelines under this subsection, the Secretary shall— (A) issue draft guidelines for public comment; and (B) consider any comments received in the development of final guidelines. (d) Hazard potential classification system (1) Establishment The Secretary shall establish a hazard potential classification system for use under the national levee safety program and participating programs. (2) Revision The Secretary shall review and, as necessary, revise the hazard potential classification system not less frequently than once every 5 years. (3) Consistency The hazard potential classification system established pursuant to this subsection shall be consistent with and incorporated into the levee safety action classification tool developed by the Corps of Engineers. (e) Technical assistance and materials (1) Establishment The Secretary, in consultation with the Administrator of the Federal Emergency Management Agency and in coordination with the Board, shall establish a national levee safety technical assistance and training program to develop and deliver technical support and technical assistance materials, curricula, and training in order to promote levee safety and assist States, communities, and levee owners in— (A) developing levee safety programs; (B) identifying and reducing flood risks associated with levees; (C) identifying local actions that may be carried out to reduce flood risks in leveed areas; and (D) rehabilitating, improving, replacing, reconfiguring, modifying, and removing levees and levee systems. (2) Use of services In establishing the national levee safety training program under paragraph (1), the Secretary may use the services of— (A) the Corps of Engineers; (B) the Federal Emergency Management Agency; (C) the Bureau of Reclamation; and (D) other appropriate Federal agencies, as determined by the Secretary. (f) Comprehensive national public education and awareness campaign (1) Establishment The Secretary, in coordination with the Administrator of the Federal Emergency Management Agency and the Board, shall establish a national public education and awareness campaign relating to the national levee safety program. (2) Purposes The purposes of the campaign under paragraph (1) are— (A) to educate individuals living in leveed areas regarding the risks of living in those areas; (B) to promote consistency in the transmission of information regarding levees among government agencies; and (C) to provide national leadership regarding risk communication for implementation at the State and local levels. (g) Coordination of levee safety, floodplain management, and environmental concerns The Secretary, in consultation with the Administrator of the Federal Emergency Management Agency and in coordination with the Board, shall evaluate opportunities to coordinate— (1) public safety, floodplain management, and environmental protection activities relating to levees; and (2) environmental permitting processes for operation and maintenance activities at existing levee projects in compliance with all applicable laws. (h) Levee Inspection (1) In general The Secretary shall carry out a one-time inventory and inspection of all levees identified in the national levee database. (2) No Federal interest The inventory and inspection under paragraph (1) does not create a Federal interest in the construction, operation, or maintenance any levee that is included in the inventory or inspected under this subsection. (3) Inspection criteria In carrying out the inventory and inspection, the Secretary shall use the levee safety action classification criteria to determine whether a levee should be classified in the inventory as requiring a more comprehensive inspection. (4) State and tribal participation At the request of a State or Indian tribe with respect to any levee subject to inspection under this subsection, the Secretary shall— (A) allow an official of the State or Indian tribe to participate in the inspection of the levee; and (B) provide information to the State or Indian tribe relating to the location, construction, operation, or maintenance of the levee. (5) Exceptions In carrying out the inventory and inspection under this subsection, the Secretary shall not be required to inspect any levee that has been inspected by a State or Indian tribe using the same methodology described in paragraph (3) during the 1-year period immediately preceding the date of enactment of this Act if the Governor of the State or tribal government, as applicable, requests an exemption from the inspection. (i) State and tribal levee safety program (1) Guidelines (A) In general Not later than 1 year after the date of enactment of this Act, in consultation with the Administrator of the Federal Emergency Management Agency and in coordination with the Board, the Secretary shall issue guidelines that establish the minimum components necessary for recognition of a State or tribal levee safety program as a participating program. (B) Guideline contents The guidelines under subparagraph (A) shall include provisions and procedures requiring each participating State and Indian tribe to certify to the Secretary that the State or Indian tribe, as applicable— (i) has the authority to participate in the national levee safety program; (ii) can receive funds under this title; (iii) has adopted any national levee safety guidelines developed under this title; (iv) will carry out levee inspections; (v) will carry out, consistent with applicable requirements, flood risk management and any emergency action planning procedures the Secretary determines to be necessary relating to levees; (vi) will carry out public education and awareness activities consistent with the national public education and awareness campaign established under subsection (f); and (vii) will collect and share information regarding the location and condition of levees. (C) Public comment Prior to finalizing the guidelines under this paragraph, the Secretary shall— (i) issue draft guidelines for public comment; and (ii) consider any comments received in the development of final guidelines. (2) Grant program (A) Establishment The Secretary shall establish a program under which the Secretary shall provide grants to assist States and Indian tribes in establishing participating programs, conducting levee inventories, and carrying out this title. (B) Requirements To be eligible to receive grants under this section, a State or Indian tribe shall— (i) meet the requirements of a participating program established by the guidelines issued under paragraph (1); (ii) use not less than 25 percent of any amounts received to identify and assess non-Federal levees within the State or on land of the Indian tribe; (iii) submit to the Secretary any information collected by the State or Indian tribe in carrying out this subsection for inclusion in the national levee safety database; and (iv) identify actions to address hazard mitigation activities associated with levees and leveed areas identified in the hazard mitigation plan of the State approved by the Administrator of the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ). (C) Measures to assess effectiveness Not later than 1 year after the enactment of this Act, the Secretary shall implement quantifiable performance measures and metrics to assess the effectiveness of the grant program established in accordance with subparagraph (A). (j) Levee rehabilitation assistance program (1) Establishment The Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, shall establish a program under which the Secretary shall provide assistance to States, Indian tribes, and local governments in addressing flood mitigation activities that result in an overall reduction in flood risk. (2) Requirements To be eligible to receive assistance under this subsection, a State, Indian tribe, or local government shall— (A) participate in, and comply with, all applicable Federal floodplain management and flood insurance programs; (B) have in place a hazard mitigation plan that— (i) includes all levee risks; and (ii) complies with the Disaster Mitigation Act of 2000 ( Public Law 106–390 ; 114 Stat. 1552); (C) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and (D) comply with such minimum eligibility requirements as the Secretary, in consultation with the Board, may establish to ensure that each owner and operator of a levee under a participating State or tribal levee safety program— (i) acts in accordance with the guidelines developed in subsection (c); and (ii) carries out activities relating to the public in the leveed area in accordance with the hazard mitigation plan described in subparagraph (B). (3) Floodplain management plans (A) In general Not later than 1 year after the date of execution of a project agreement for assistance under this subsection, a State, Indian tribe, or local government shall prepare a floodplain management plan in accordance with the guidelines under subparagraph (D) to reduce the impacts of future flood events in each applicable leveed area. (B) Inclusions A plan under subparagraph (A) shall address potential measures, practices, and policies to reduce loss of life, injuries, damage to property and facilities, public expenditures, and other adverse impacts of flooding in each applicable leveed area. (C) Implementation Not later than 1 year after the date of completion of construction of the applicable project, a floodplain management plan prepared under subparagraph (A) shall be implemented. (D) Guidelines Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, shall develop such guidelines for the preparation of floodplain management plans prepared under this paragraph as the Secretary determines to be appropriate. (E) Technical support The Secretary may provide technical support for the development and implementation of floodplain management plans prepared under this paragraph. (4) Use of funds (A) In general Assistance provided under this subsection may be used— (i) for any rehabilitation activity to maximize overall risk reduction associated with a levee under a participating State or tribal levee safety program; and (ii) only for a levee that is not federally operated and maintained. (B) Prohibition Assistance provided under this subsection shall not be used— (i) to perform routine operation or maintenance for a levee; or (ii) to make any modification to a levee that does not result in an improvement to public safety. (5) No proprietary interest A contract for assistance provided under this subsection shall not be considered to confer any proprietary interest on the United States. (6) Cost-share The maximum Federal share of the cost of any assistance provided under this subsection shall be 65 percent. (7) Project limit The maximum amount of Federal assistance for a project under this subsection shall be $10,000,000. (8) Other laws Assistance provided under this subsection shall be subject to all applicable laws (including regulations) that apply to the construction of a civil works project of the Corps of Engineers. (k) Effect of section Nothing in this section— (1) affects the requirement under section 100226(b)(2) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101 note; 126 Stat. 942); or (2) confers any regulatory authority on— (A) the Secretary; or (B) the Director of the Federal Emergency Management Agency, including for the purpose of setting premium rates under the national flood insurance program established under chapter 1 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011 et seq. ). 6005. National levee safety advisory board (a) Establishment The Secretary, in coordination with the Administrator of the Federal Emergency Management Agency, shall establish a board, to be known as the National Levee Safety Advisory Board — (1) to advise the Secretary and Congress regarding consistent approaches to levee safety; (2) to monitor the safety of levees in the United States; (3) to assess the effectiveness of the national levee safety program; and (4) to ensure that the national levee safety program is carried out in a manner that is consistent with other Federal flood risk management efforts. (b) Membership (1) Voting members The Board shall be composed of the following 14 voting members, each of whom shall be appointed by the Secretary, with priority consideration given to representatives from those States that have the most Corps of Engineers levees in the State, based on mileage: (A) 8 representatives of State levee safety programs, 1 from each of the civil works divisions of the Corps of Engineers. (B) 2 representatives of the private sector who have expertise in levee safety. (C) 2 representatives of local and regional governmental agencies who have expertise in levee safety. (D) 2 representatives of Indian tribes who have expertise in levee safety. (2) Nonvoting members The Secretary (or a designee of the Secretary), the Administrator of the Federal Emergency Management Agency (or a designee of the Administrator), and the administrator of the national levee safety program appointed under section 6004(b)(1)(A) shall serve as nonvoting members of the Board. (3) Chairperson The voting members of the Board shall appoint a chairperson from among the voting members of the Board, to serve a term of not more than 2 years. (c) Qualifications (1) Individuals Each voting member of the Board shall be knowledgeable in the field of levee safety, including water resources and flood risk management. (2) As a whole The membership of the Board, considered as a whole, shall represent the diversity of skills required to advise the Secretary regarding levee issues relating to— (A) engineering; (B) public communications; (C) program development and oversight; (D) with respect to levees, flood risk management and hazard mitigation; and (E) public safety and the environment. (d) Terms of service (1) In general A voting member of the Board shall be appointed for a term of 3 years, except that, of the members first appointed— (A) 5 shall be appointed for a term of 1 year; (B) 5 shall be appointed for a term of 2 years; and (C) 4 shall be appointed for a term of 3 years. (2) Reappointment A voting member of the Board may be reappointed to the Board, as the Secretary determines to be appropriate. (3) Vacancies A vacancy on the Board shall be filled in the same manner as the original appointment was made. (e) Standing committees (1) In general The Board shall be supported by Standing Committees, which shall be comprised of volunteers from all levels of government and the private sector, to advise the Board regarding the national levee safety program. (2) Establishment The Standing Committees of the Board shall include— (A) the Standing Committee on Participating Programs, which shall advise the Board regarding— (i) the development and implementation of State and tribal levee safety programs; and (ii) appropriate incentives (including financial assistance) to be provided to States, Indian tribes, and local and regional entities; (B) the Standing Committee on Technical Issues, which shall advise the Board regarding— (i) the management of the national levee database; (ii) the development and maintenance of levee safety guidelines; (iii) processes and materials for developing levee-related technical assistance and training; and (iv) research and development activities relating to levee safety; (C) the Standing Committee on Public Education and Awareness, which shall advise the Board regarding the development, implementation, and evaluation of targeted public outreach programs— (i) to gather public input; (ii) to educate and raise awareness in leveed areas of levee risks; (iii) to communicate information regarding participating programs; and (iv) to track the effectiveness of public education efforts relating to levee risks; (D) the Standing Committee on Safety and Environment, which shall advise the Board regarding— (i) operation and maintenance activities for existing levee projects; (ii) opportunities to coordinate public safety, floodplain management, and environmental protection activities relating to levees; (iii) opportunities to coordinate environmental permitting processes for operation and maintenance activities at existing levee projects in compliance with all applicable laws; and (iv) opportunities for collaboration by environmental protection and public safety interests in leveed areas and adjacent areas; and (E) such other standing committees as the Secretary, in consultation with the Board, determines to be necessary. (3) Membership (A) In general The Board shall recommend to the Secretary for approval individuals for membership on the Standing Committees. (B) Qualifications (i) Individuals Each member of a Standing Committee shall be knowledgeable in the issue areas for which the Committee is charged with advising the Board. (ii) As a whole The membership of each Standing Committee, considered as a whole, shall represent, to the maximum extent practicable, broad geographical diversity. (C) Limitation Each Standing Committee shall be comprised of not more than 10 members. (f) Duties and powers The Board— (1) shall submit to the Secretary and Congress an annual report regarding the effectiveness of the national levee safety program in accordance with section 6007; and (2) may secure from other Federal agencies such services, and enter into such contracts, as the Board determines to be necessary to carry out this subsection. (g) Task force coordination The Board shall, to the maximum extent practicable, coordinate the activities of the Board with the Federal Interagency Floodplain Management Task Force. (h) Compensation (1) Federal employees Each member of the Board who is an officer or employee of the United States shall serve without compensation in addition to compensation received for the services of the member as an officer or employee of the United States, but shall be allowed a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Board. (2) Non-federal employees To the extent amounts are made available to carry out this section in appropriations Acts, the Secretary shall provide to each member of the Board who is not an officer or employee of the United States a stipend and a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in performance of services for the Board. (3) Standing committee members Each member of a Standing Committee shall— (A) serve in a voluntary capacity; but (B) receive a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in performance of services for the Board. (i) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board or the Standing Committees. 6006. Inventory and inspection of levees Section 9004(a)(2)(A) of the Water Resources Development Act of 2007 ( 33 U.S.C. 3303(a)(2)(A) ) is amended by striking and, for non-Federal levees, such information on levee location as is provided to the Secretary by State and local governmental agencies and inserting and updated levee information provided by States, Indian tribes, Federal agencies, and other entities . 6007. Reports (a) State of levees (1) In general Not later than 1 year after the date of enactment of this Act, and biennially thereafter, the Secretary in coordination with the Board, shall submit to Congress a report describing the state of levees in the United States and the effectiveness of the national levee safety program, including— (A) progress achieved in implementing the national levee safety program; (B) State and tribal participation in the national levee safety program; (C) recommendations to improve coordination of levee safety, floodplain management, and environmental protection concerns, including— (i) identifying and evaluating opportunities to coordinate public safety, floodplain management, and environmental protection activities relating to levees; and (ii) evaluating opportunities to coordinate environmental permitting processes for operation and maintenance activities at existing levee projects in compliance with all applicable laws; and (D) any recommendations for legislation and other congressional actions necessary to ensure national levee safety. (2) Inclusion Each report under paragraph (1) shall include a report of the Board that describes the independent recommendations of the Board for the implementation of the national levee safety program. (b) National dam and levee safety program Not later than 3 years after the date of enactment of this Act, to the maximum extent practicable, the Secretary, in coordination with the Board, shall submit to Congress a report that includes recommendations regarding the advisability and feasibility of, and potential approaches for, establishing a joint national dam and levee safety program. (c) Alignment of Federal programs relating to levees Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on opportunities for alignment of Federal programs to provide incentives to State, tribal, and local governments and individuals and entities— (1) to promote shared responsibility for levee safety; (2) to encourage the development of strong State and tribal levee safety programs; (3) to better align the national levee safety program with other Federal flood risk management programs; and (4) to promote increased levee safety through other Federal programs providing assistance to State and local governments. (d) Liability for certain levee engineering projects Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that includes recommendations that identify and address any legal liability associated with levee engineering projects that prevent— (1) levee owners from obtaining needed levee engineering services; or (2) development and implementation of a State or tribal levee safety program. 6008. Effect of title Nothing in this title— (1) establishes any liability of the United States or any officer or employee of the United States (including the Board and the Standing Committees of the Board) for any damages caused by any action or failure to act; or (2) relieves an owner or operator of a levee of any legal duty, obligation, or liability incident to the ownership or operation of the levee. 6009. Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this title— (1) for funding the administration and staff of the national levee safety program, the Board, the Standing Committees of the Board, and participating programs, $5,000,000 for each of fiscal years 2014 through 2023; (2) for technical programs, including the development of levee safety guidelines, publications, training, and technical assistance— (A) $5,000,000 for each of fiscal years 2014 through 2018; (B) $7,500,000 for each of fiscal years 2019 and 2020; and (C) $10,000,000 for each of fiscal years 2021 through 2023; (3) for public involvement and education programs, $3,000,000 for each of fiscal years 2014 through 2023; (4) to carry out the levee inventory and inspections under section 9004 of the Water Resources Development Act of 2007 ( 33 U.S.C. 3303 ), $30,000,000 for each of fiscal years 2014 through 2018; (5) for grants to State and tribal levee safety programs, $300,000,000 for fiscal years 2014 through 2023; and (6) for levee rehabilitation assistance grants, $300,000,000 for fiscal years 2014 through 2023. VII Inland waterways 7001. Purposes The purposes of this title are— (1) to improve program and project management relating to the construction and major rehabilitation of navigation projects on inland waterways; (2) to optimize inland waterways navigation system reliability; (3) to minimize the size and scope of inland waterways navigation project completion schedules; (4) to eliminate preventable delays in inland waterways navigation project completion schedules; and (5) to make inland waterways navigation capital investments through the use of prioritization criteria that seek to maximize systemwide benefits and minimize overall system risk. 7002. 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 waterways that is— (A) authorized before, on, or after the date of enactment of this Act; (B) not completed on the date of enactment of this Act; and (C) funded at least in part from the Inland Waterways Trust Fund. (3) Secretary The term Secretary means the Secretary of the Army, acting through the Chief of Engineers. 7003. Project delivery process reforms (a) Requirements for qualifying projects With respect to each qualifying project, the Secretary shall require— (1) formal project management training and certification for each project manager; (2) assignment as project manager only of personnel fully certified by the Chief of Engineers; and (3) for an applicable cost estimation, that— (A) the estimation— (i) is risk-based; and (ii) has a confidence level of at least 80 percent; and (B) a risk-based cost estimate shall be implemented— (i) for a qualified project that requires an increase in the authorized amount in accordance with section 902 of the Water Resources Development Act of 1986 ( Public Law 99–662 ; 100 Stat. 4183), during the preparation of a post-authorization change report or other similar decision document; (ii) for a qualified project for which the first construction contract has not been awarded, prior to the award of the first construction contract; (iii) for a qualified project without a completed Chief of Engineers report, prior to the completion of such a report; and (iv) for a qualified project with a completed Chief of Engineers report that has not yet been authorized, during design for the qualified 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 lessons learned from prior or ongoing qualifying projects to improve the likelihood of on-time and on-budget completion of qualifying projects; (2) evaluate early contractor involvement acquisition procedures 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 title and the amendments made by this title, including, as the Secretary determines to be appropriate— (A) the implementation of applicable practices and procedures developed pursuant to management by the Secretary of an applicable military construction program; (B) the establishment of 1 or more centers of expertise for the design and review of qualifying projects; (C) the development and use of a portfolio of standard designs for inland navigation locks; (D) the use of full-funding contracts or formulation of a revised continuing contracts clause; and (E) 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 1 or more pilot projects to evaluate processes or procedures for the study, design, or 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 User 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 recommendations 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 recommendations to the Secretary regarding construction and rehabilitation priorities and spending levels; (B) advice and recommendations to Congress regarding any report of the Chief of Engineers relating to those features and components; (C) advice and recommendations to Congress regarding an increase in the authorized cost of those features and components; (D) not later than 60 days after the date of the submission of the budget proposal of the President to Congress, advice and recommendations to Congress regarding construction and rehabilitation priorities and spending levels; and (E) 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 on 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. (4) Independent judgment Any advice or recommendation made by the Users Board to the Secretary shall reflect the independent judgment of the Users Board. ; (2) by redesignating subsection (c) as subsection (f); and (3) by inserting after subsection (b) the following: (c) Duties of Secretary The Secretary shall— (1) communicate not less than once each quarter to the Users Board the status of the study, design, or construction of all commercial navigation features or components of the inland waterways or inland harbors of the United States; and (2) submit to the Users Board a courtesy copy of all reports of the Chief of Engineers relating to a commercial navigation feature or component of the inland waterways or inland harbors of the United States. (d) Capital investment program (1) In general Not later than 1 year after the date of enactment of this subsection, the Secretary, in coordination with the Users Board, shall develop, and submit to Congress a report describing, a 20-year program for making capital investments on the inland and intracoastal waterways, based on the application of objective, national project selection prioritization criteria. (2) Consideration In developing the program under paragraph (1), the Secretary shall take into consideration the 20-year capital investment strategy contained in the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Users Board. (3) Criteria In developing the plan and prioritization criteria under paragraph (1), the Secretary shall ensure, to the maximum extent practicable, that investments made under the 20-year program described in paragraph (1)— (A) are made in all geographical areas of the inland waterways system; and (B) ensure efficient funding of inland waterways projects. (4) Strategic review and update Not later than 5 years after the date of enactment of this subsection, and not less frequently than once every 5 years thereafter, the Secretary, in conjunction with the Users Board, shall— (A) submit to Congress a strategic review of the 20-year program in effect under this subsection, which shall identify and explain any changes to the project-specific recommendations contained in the previous 20-year program (including any changes to the prioritization criteria used to develop the updated recommendations); and (B) make such revisions to the program as the Secretary and Users Board jointly consider to be appropriate. (e) Project management plans The chairperson of the Users Board and the project development team member appointed by the chairperson under subsection (b)(3) shall sign the project management plan for the 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. . 7004. Major rehabilitation standards Section 205(1)(E)(ii) of the Water Resources Development Act of 1992 (33 U.S.C. 2327(1)(E)(ii)) is amended by striking $8,000,000 and inserting $20,000,000 . 7005. Inland waterways system revenues (a) Findings Congress finds that— (1) there are approximately 12,000 miles of Federal waterways, known as the inland waterways system, that are supported by user fees and managed by the Corps of Engineers; (2) the inland waterways system spans 38 States and handles approximately one-half of all inland waterway freight; (3) according to the final report of the Inland Marine Transportation System Capital Projects Business Model, freight traffic on the Federal fuel-taxed inland waterways system accounts for 546,000,000 tons of freight each year; (4) expenditures for construction and major rehabilitation projects on the inland waterways system are equally cost-shared between the Federal Government and the Inland Waterways Trust Fund; (5) the Inland Waterways Trust Fund is financed through a fee of $0.20 per gallon on fuel used by commercial barges; (6) the balance of the Inland Waterways Trust Fund has declined significantly in recent years; (7) according to the final report of the Inland Marine Transportation System Capital Projects Business Model, the estimated financial need for construction and major rehabilitation projects on the inland waterways system for fiscal years 2011 through 2030 is approximately $18,000,000,000; and (8) users of the inland waterways system are supportive of an increase in the existing revenue sources for inland waterways system construction and major rehabilitation activities to expedite the most critical of those construction and major rehabilitation projects. (b) Sense of Congress It is the sense of Congress that— (1) the existing revenue sources for inland waterways system construction and rehabilitation activities are insufficient to cover the costs of non-Federal interests of construction and major rehabilitation projects on the inland waterways system; and (2) the issue described in paragraph (1) should be addressed. 7006. Efficiency of revenue collection Not later than 2 years after the date of enactment of this Act, the Comptroller General shall prepare a report on the efficiency of collecting the fuel tax for the Inland Waterways Trust Fund, which shall include— (1) an evaluation of whether current methods of collection of the fuel tax result in full compliance with requirements of the law; (2) whether alternative methods of collection would result in increased revenues into the Inland Waterways Trust Fund; and (3) an evaluation of alternative collection options. 7007. GAO study, Olmsted Locks and Dam, Lower Ohio River, Illinois and Kentucky As soon as practicable after the date of enactment of this Act, the Comptroller General of the United States shall conduct, and submit to Congress a report describing the results of, a study to determine why, and to what extent, the project for navigation, Lower Ohio River, Locks and Dams 52 and 53, Illinois and Kentucky (commonly known as the Olmsted Locks and Dam project ), authorized by section 3(a)(6) of the Water Resources Development Act of 1988 (102 Stat. 4013), has exceeded the budget for the project and the reasons why the project failed to be completed as scheduled, including an assessment of— (1) engineering methods used for the project; (2) the management of the project; (3) contracting for the project; (4) the cost to the United States of benefits foregone due to project delays; and (5) such other contributory factors as the Comptroller General determines to be appropriate. 7008. Olmsted Locks and Dam, Lower Ohio River, Illinois and Kentucky Section 3(a)(6) of the Water Resources Development Act of 1988 (102 Stat. 4013) is amended by striking and with the costs of construction and all that follows through the period at the end and inserting which amounts remaining after the date of enactment of this Act shall be appropriated from the general fund of the Treasury. . VIII Harbor maintenance 8001. Short title This title may be cited as the Harbor Maintenance Trust Fund Act of 2013 . 8002. Purposes The purposes of this title are— (1) to ensure that revenues collected into the Harbor Maintenance Trust Fund are used for the intended purposes of those revenues; (2) to increase investment in the operation and maintenance of United States ports, which are critical for the economic competitiveness of the United States; (3) to promote equity among ports nationwide; (4) to ensure United States ports are prepared to meet modern shipping needs, including the capability to receive large ships that require deeper drafts; and (5) to prevent cargo diversion from United States ports. 8003. Funding for harbor maintenance programs (a) Definitions In this section: (1) Total budget resources The term total budget resources means the total amount made available by appropriations Acts from the Harbor Maintenance Trust Fund for a fiscal year for making expenditures under section 9505(c) of the Internal Revenue Code of 1986. (2) Level of receipts plus interest The term level of receipts plus interest means the level of taxes and interest credited to the Harbor Maintenance Trust Fund under section 9505 of the Internal Revenue Code of 1986 for a fiscal year as set forth in the President’s budget baseline projection, as determined under section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 907 ) for that fiscal year submitted pursuant to section 1105 of title 31, United States Code. (b) Minimum resources (1) Minimum Resources (A) In general The total budget resources made available to the Secretary from the Harbor Maintenance Trust Fund shall be not less than the lesser of— (i) (I) for fiscal year 2014, $1,000,000,000; (II) for fiscal year 2015, $1,100,000,000; (III) for fiscal year 2016, $1,200,000,000; (IV) for fiscal year 2017, $1,300,000,000; (V) for fiscal year 2018, $1,400,000,000; and (VI) for fiscal year 2019, $1,500,000,000; and (ii) the level of receipts plus interest credited to the Harbor Maintenance Trust Fund for that fiscal year. (B) Fiscal year 2020 and subsequent fiscal years For fiscal year 2020 and each fiscal year thereafter, the total budget resources made available to the Secretary from the Harbor Maintenance Trust Fund shall be not less than the level of receipts plus interest credited to the Harbor Maintenance Trust Fund for that fiscal year. (2) Use of amounts The amounts described in paragraph (1) may be used only for harbor maintenance programs described in section 9505(c) of the Internal Revenue Code of 1986. (c) Impact on other funds (1) In general Subject to paragraph (3), subsection (b)(1) shall not apply if providing the minimum resources required under that subsection would result in making the amounts made available for the applicable fiscal year to carry out all programs, projects, and activities of the civil works program of the Corps of Engineers, other than the harbor maintenance programs, to be less than the amounts made available for those purposes in the previous fiscal year. (2) Calculation of amounts For each fiscal year, the amounts made available to carry out all programs, projects, and activities of the civil works program of the Corps of Engineers shall not include any amounts that are designated by Congress— (A) 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) ); or (B) as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2)(D) ). (3) Exceptions Paragraph (1) shall not apply if— (A) amounts made available for the civil works program of the Corps of Engineers for a fiscal year are less than the amounts made available for the civil works program in the previous fiscal year; and (B) the reduction in amounts made available— (i) applies to all discretionary funds and programs of the Federal Government; and (ii) is applied to the civil works program in the same percentage and manner as other discretionary funds and programs. 8004. Harbor Maintenance Trust Fund prioritization (a) Policy It is the policy of the United States that the primary use of the Harbor Maintenance Trust Fund is for maintaining the constructed widths and depths of the commercial ports and harbors of the United States, and those functions should be given first consideration in the budgeting of Harbor Maintenance Trust Fund allocations. (b) In general Section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 ) is amended by adding at the end the following: (c) Prioritization (1) Definitions In this subsection: (A) Constructed width and depth The term constructed width and depth means the depth to which a project has been constructed, which shall not exceed the authorized width and depth of the project. (B) Great Lakes Navigation System The term Great Lakes Navigation System includes— (i) (I) Lake Superior; (II) Lake Huron; (III) Lake Michigan; (IV) Lake Erie; and (V) Lake Ontario; (ii) all connecting waters between the lakes referred to in clause (i) used for commercial navigation; (iii) any navigation features in the lakes referred to in clause (i) or waters described in clause (ii) that are a Federal operation or maintenance responsibility; and (iv) areas of the Saint Lawrence River that are operated or maintained by the Federal Government for commercial navigation. (C) High-use deep draft (i) In general The term high-use deep draft means a project that has a depth of greater than 14 feet with not less than 10,000,000 tons of cargo annually. (ii) Exclusion The term high-use deep draft does not include a project located in the Great Lakes Navigation System. (D) Low-use port The term low-use port means a port at which not more than 1,000,000 tons of cargo are transported each calendar year. (E) Moderate-use port The term moderate-use port means a port at which more than 1,000,000, but fewer than 10,000,000, tons of cargo are transported each calendar year. (2) Priority Of the amounts made available under this section to carry out projects described in subsection (a)(2) that are in excess of the amounts made available to carry out those projects in fiscal year 2012, the Secretary of the Army, acting through the Chief of Engineers, shall give priority to those projects in the following order: (A) (i) In any fiscal year in which all projects subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation) are not maintained to their constructed width and depth, the Secretary shall prioritize amounts made available under this section for those projects that are high-use deep draft and are a priority for navigation in the Great Lakes Navigation System. (ii) Of the amounts made available under clause (i)— (I) 80 percent shall be used for projects that are high-use deep draft; and (II) 20 percent shall be used for projects that are a priority for navigation in the Great Lakes Navigation System. (B) In any fiscal year in which all projects identified as high-use deep draft are maintained to their constructed width and depth, the Secretary shall— (i) equally divide among each of the districts of the Corps of Engineers in which eligible projects are located 10 percent of remaining amounts made available under this section for moderate-use and low-use port projects— (I) that have been maintained at less than their constructed width and depth due to insufficient federal funding during the preceding 6 fiscal years; and (II) for which significant State and local investments in infrastructure have been made at those projects during the preceding 6 fiscal years; and (ii) prioritize any remaining amounts made available under this section for those projects that are not maintained to the minimum width and depth necessary to provide sufficient clearance for fully loaded commercial vessels using those projects to maneuver safely. (3) Administration For purposes of this subsection, State and local investments in infrastructure shall include infrastructure investments made using amounts made available for activities under section 105(a)(9) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305(a)(9) ). (4) Exceptions The Secretary may prioritize a project not identified in paragraph (2) if the Secretary determines that funding for the project is necessary to address— (A) hazardous navigation conditions; or (B) impacts of natural disasters, including storms and droughts. (5) Reports to Congress Not later than September 30, 2013, and annually thereafter, the Secretary shall submit to Congress a report that describes, with respect to the preceding fiscal year— (A) the amount of funds used to maintain high-use deep draft projects and projects at moderate-use ports and low-use ports to the constructed depth and width of the projects; (B) the respective percentage of total funds provided under this section used for high use deep draft projects and projects at moderate-use ports and low-use ports; (C) the remaining amount of funds made available to carry out this section, if any; and (D) any additional amounts needed to maintain the high-use deep draft projects and projects at moderate-use ports and low-use ports to the constructed depth and width of the projects. . (c) Operation and maintenance Section 101(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b) ) is amended— (1) in paragraph (1), by striking 45 feet and inserting 50 feet ; and (2) by adding at the end the following: (3) Operation and maintenance activities defined (A) Scope of operation and maintenance activities Notwithstanding any other provision of law (including regulations and guidelines) and subject to subparagraph (B), for purposes of this subsection, operation and maintenance activities that are eligible for the Federal cost share under paragraph (1) shall include— (i) the dredging of berths in a harbor that is accessible to a Federal channel, if the Federal channel has been constructed to a depth equal to the authorized depth of the channel; and (ii) the dredging and disposal of legacy-contaminated sediments and sediments unsuitable for ocean disposal that— (I) are located in or affect the maintenance of Federal navigation channels; or (II) are located in berths that are accessible to Federal channels. (B) Limitations (i) In general For each fiscal year, subject to section 210(c)(2), subparagraph (A) shall only apply— (I) to the amounts made available under section 210 to carry out projects described in subsection (a)(2) of that section that are in excess of the amounts made available to carry out those projects in fiscal year 2012; and (II) if, in that fiscal year, all projects identified as high-use deep draft (as defined in section 210(c)) are maintained to their constructed width and depth. (ii) State limitation For each fiscal year, the operation and maintenance activities described in subparagraph (A) may only be carried out in a State— (I) in which the total amounts collected pursuant to section 4461 of the Internal Revenue Code of 1986 comprise not less than 2.5 percent annually of the total funding of the Harbor Maintenance Trust Fund established under section 9505 of the Internal Revenue Code of 1986; and (II) that received less than 50 percent of the total amounts collected in that State pursuant to section 4461 of the Internal Revenue Code of 1986 in the previous 3 fiscal years. (iii) Prioritization In allocating amounts made available under this paragraph, the Secretary shall give priority to projects that have received the lowest amount of funding from the Harbor Maintenance Trust Fund in comparison to the amount of funding contributed to the Harbor Maintenance Trust Fund in the previous 3 fiscal years. (iv) Maximum amount The total amount made available in each fiscal year to carry out this paragraph shall not exceed the lesser of— (I) amount that is equal to 40 percent of the amounts made available under section 210 to carry out projects described in subsection (a)(2) of that section that are in excess of the amounts made available to carry out those projects in fiscal year 2012; and (II) the amount that is equal to 20 percent of the amounts made available under section 210 to carry out projects described in subsection (a)(2) of that section. (4) Donor ports and ports contributing to energy production (A) Definitions In this paragraph: (i) Cargo container The term ‘cargo container’ means a cargo container that is 1 Twenty-foot Equivalent Unit. (ii) Eligible donor port The term, eligible donor port means a port— (I) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation); (II) (aa) at which the total amounts collected pursuant to section 4461 of the Internal Revenue Code of 1986 comprise not less than $15,000,000 annually of the total funding of the Harbor Maintenance Trust Fund established under section 9505 of the Internal Revenue Code of 1986; and (bb) that received less than 25 percent of the total amounts collected at that port pursuant to section 4461 of the Internal Revenue Code of 1986 in the previous 5 fiscal years; and (III) that is located in a State in which more than 2,000,000 cargo containers were unloaded from or loaded on to vessels in calendar year 2011. (iii) Eligible energy transfer port The term eligible energy transfer port means a port— (I) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulation (or successor regulation); and (II) (aa) at which energy commodities comprised greater than 25 percent of all commercial activity by tonnage in calendar year 2011; and (bb) through which more than 40 million tons of cargo were transported in calendar year 2011. (iv) Energy commodity The term energy commodity includes— (I) petroleum products; (II) natural gas; (III) coal; (IV) wind and solar energy components; and (V) biofuels. (B) Additional uses (i) In general Subject to appropriations, the Secretary may provide to eligible donor ports and eligible energy transfer ports amounts in accordance with clause (ii). (ii) Limitations The amounts described in clause (i)— (I) made available for eligible energy transfer ports shall be divided equally among all States with an eligible energy transfer port; and (II) shall be made available only to a port as either an eligible donor port or an eligible energy transfer port. (C) Uses Amounts provided to an eligible port under this paragraph may only be used by that port— (i) to provide payments to importers entering cargo or shippers transporting cargo through an eligible donor port or eligible energy transfer port, as calculated by U.S. Customs and Border Protection; (ii) to dredge berths in a harbor that is accessible to a Federal channel; (iii) to dredge and dispose of legacy-contaminated sediments and sediments unsuitable for ocean disposal that— (I) are located in or affect the maintenance of Federal navigation channels; or (II) are located in berths that are accessible to Federal channels; or (iv) for environmental remediation related to dredging berths and Federal navigation channels. (D) Administration of payments If an eligible donor port or eligible energy transfer port elects to provide payments to importers or shippers in accordance with subparagraph (C)(i), the Secretary shall transfer the amounts that would be provided to the port under this paragraph to the Commissioner of U.S. Customs and Border Protection to provide the payments to the importers or shippers. (E) Authorization of appropriations (i) In general For fiscal years 2014 through 2024, if the total amounts made available from the Harbor Maintenance Trust Fund exceed the total amounts made available from the Harbor Maintenance Trust Fund in fiscal year 2012, there is authorized to be appropriated from the Harbor Maintenance Trust Fund to carry out this paragraph the sum obtained by adding— (I) $50,000,000; and (II) the amount that is equal to 10 percent of the amounts made available under section 210 to carry out projects described in subsection (a)(2) of that section that are in excess of the amounts made available to carry out those projects in fiscal year 2012. (ii) Division between eligible donor ports and eligible energy transfer ports For each fiscal year, amounts made available shall be divided equally between eligible donor ports and eligible energy transfer ports. . (d) Conforming amendment Section 9505(c)(1) of the Internal Revenue Code of 1986 is amended by striking as in effect on the date of the enactment of the Water Resources Development Act of 1996 and inserting as in effect on the date of the enactment of the Harbor Maintenance Trust Fund Act of 2013 . 8005. Harbor maintenance trust fund study (a) Definitions In this section: (1) Low-use port The term low-use port means a port at which not more than 1,000,000 tons of cargo are transported each calendar year. (2) Moderate-use port The term moderate-use port means a port at which more than 1,000,000, but fewer than 10,000,000, tons of cargo are transported each calendar year. (b) Study Not later than 270 days after the date of enactment of this Act, the Comptroller General of the United States shall carry out a study and submit to Congress a report that— (1) evaluates the effectiveness of activities funded by the Harbor Maintenance Trust Fund in maximizing economic growth and job creation in the communities surrounding low- and moderate-use ports; and (2) includes recommendations relating to the use of amounts in the Harbor Maintenance Trust Fund to increase the competitiveness of United States ports relative to Canadian and Mexican ports. IX Dam safety 9001. Short title This title may be cited as the Dam Safety Act of 2013 . 9002. Purpose The purpose of this title and the amendments made by this title is to reduce the risks to life and property from dam failure in the United States through the reauthorization of an effective national dam safety program that brings together the expertise and resources of the Federal Government and non-Federal interests in achieving national dam safety hazard reduction. 9003. Administrator (a) In general The National Dam Safety Program Act (33 U.S.C. 467 et seq.) is amended by striking Director each place it appears and inserting Administrator . (b) Conforming amendment Section 2 of the National Dam Safety Program Act ( 33 U.S.C. 467 ) is amended— (1) by striking paragraph (3); (2) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (3) by inserting before paragraph (2) (as redesignated by paragraph (2)) the following: (1) Administrator The term Administrator means the Administrator of the Federal Emergency Management Agency. . 9004. Inspection of dams Section 3(b)(1) of the National Dam Safety Program Act ( 33 U.S.C. 467a(b)(1) ) is amended by striking or maintenance and inserting maintenance, condition, or provisions for emergency operations . 9005. National Dam Safety Program (a) Objectives Section 8(c) of the National Dam Safety Program Act ( 33 U.S.C. 467f(c) ) is amended by striking paragraph (4) and inserting the following: (4) develop and implement a comprehensive dam safety hazard education and public awareness program to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents; . (b) Board Section 8(f)(4) of the National Dam Safety Program Act ( 33 U.S.C. 467f(f)(4) ) is amended by inserting , representatives from nongovernmental organizations, after State agencies . 9006. Public awareness and outreach for dam safety The National Dam Safety Program Act ( 33 U.S.C. 467 et seq. ) is amended— (1) by redesignating sections 11, 12, and 13 as sections 12, 13, and 14, respectively; and (2) by inserting after section 10 (33 U.S.C. 467g–1) the following: 11. Public awareness and outreach for dam safety The Administrator, in consultation with other Federal agencies, State and local governments, dam owners, the emergency management community, the private sector, nongovernmental organizations and associations, institutions of higher education, and any other appropriate entities shall carry out a nationwide public awareness and outreach program to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents. . 9007. Authorization of appropriations (a) National Dam Safety Program (1) Annual amounts Section 14(a)(1) of the National Dam Safety Program Act ( 33 U.S.C. 467j(a)(1) ) (as so redesignated) is amended by striking $6,500,000 and all that follows through 2011 and inserting $9,200,000 for each of fiscal years 2014 through 2018 . (2) Maximum amount of allocation Section 14(a)(2)(B) of the National Dam Safety Program Act ( 33 U.S.C. 467j(a)(2)(B) ) (as so redesignated) is amended— (A) by striking The amount and inserting the following: (i) In general The amount ; and (B) by adding at the end the following: (ii) Fiscal year 2014 and subsequent fiscal years For fiscal year 2014 and each subsequent fiscal year, the amount of funds allocated to a State under this paragraph may not exceed the amount of funds committed by the State to implement dam safety activities. . (b) National dam inventory Section 14(b) of the National Dam Safety Program Act ( 33 U.S.C. 467j(b) ) (as so redesignated) is amended by striking $650,000 and all that follows through 2011 and inserting $500,000 for each of fiscal years 2014 through 2018 . (c) Public awareness Section 14 of the National Dam Safety Program Act ( 33 U.S.C. 467j ) (as so redesignated) is amended— (1) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and (2) by inserting after subsection (b) the following: (c) Public awareness There is authorized to be appropriated to carry out section 11 $1,000,000 for each of fiscal years 2014 through 2018. . (d) Research Section 14(d) of the National Dam Safety Program Act (as so redesignated) is amended by striking $1,600,000 and all that follows through 2011 and inserting $1,450,000 for each of fiscal years 2014 through 2018 . (e) Dam safety training Section 14(e) of the National Dam Safety Program Act (as so redesignated) is amended by striking $550,000 and all that follows through 2011 and inserting $750,000 for each of fiscal years 2014 through 2018 . (f) Staff Section 14(f) of the National Dam Safety Program Act (as so redesignated) is amended by striking $700,000 and all that follows through 2011 and inserting $1,000,000 for each of fiscal years 2014 through 2018 . X Innovative financing pilot projects 10001. Short title This title may be cited as the Water Infrastructure Finance and Innovation Act of 2013 . 10002. Purposes The purpose of this title is to establish a pilot program to assess the ability of innovative financing tools to— (1) promote increased development of critical water resources infrastructure by establishing additional opportunities for financing water resources projects that complement but do not replace or reduce existing Federal infrastructure financing tools such as the State water pollution control revolving loan funds established under title VI of the Federal Water Pollution Control Act ( 33 U.S.C. 1381 et seq. ) and the State drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12); (2) attract new investment capital to infrastructure projects that are capable of generating revenue streams through user fees or other dedicated funding sources; (3) complement existing Federal funding sources and address budgetary constraints on the Corps of Engineers civil works program and existing wastewater and drinking water infrastructure financing programs; (4) leverage private investment in water resources infrastructure; (5) align investments in water resources infrastructure to achieve multiple benefits; and (6) assist communities facing significant water quality, drinking water, or flood risk challenges with the development of water infrastructure projects. 10003. Definitions In this title: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Community water system The term community water system has the meaning given the term in section 1401 of the Safe Drinking Water Act ( 42 U.S.C. 300f ). (3) Federal credit instrument The term Federal credit instrument means a secured loan or loan guarantee authorized to be made available under this title with respect to a project. (4) Investment-grade rating The term investment-grade rating means a rating of BBB minus, Baa3, bbb minus, BBB (low), or higher assigned by a rating agency to project obligations. (5) Lender (A) In general The term lender means any non-Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulations (or a successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 ( 15 U.S.C. 77a et seq. )). (B) Inclusions The term lender includes— (i) a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986) that is a qualified institutional buyer; and (ii) a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986) that is a qualified institutional buyer. (6) Loan guarantee The term loan guarantee means any guarantee or other pledge by the Secretary or the Administrator to pay all or part of the principal of, and interest on, a loan or other debt obligation issued by an obligor and funded by a lender. (7) Obligor The term obligor means an eligible entity that is primarily liable for payment of the principal of, or interest on, a Federal credit instrument. (8) Project obligation (A) In general The term project obligation means any note, bond, debenture, or other debt obligation issued by an obligor in connection with the financing of a project. (B) Exclusion The term project obligation does not include a Federal credit instrument. (9) Rating agency The term rating agency means a credit rating agency registered with the Securities and Exchange Commission as a nationally recognized statistical rating organization (as defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )). (10) Rural water infrastructure project The term “rural water infrastructure project” means a project that— (A) is described in section 10007; and (B) is located in a water system that serves not more than 25,000 individuals. (11) Secured loan The term secured loan means a direct loan or other debt obligation issued by an obligor and funded by the Secretary in connection with the financing of a project under section 10010. (12) State The term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (13) State infrastructure financing authority The term State infrastructure financing authority means the State entity established or designated by the Governor of a State to receive a capitalization grant provided by, or otherwise carry out the requirements of, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et. seq.) or section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 ). (14) Subsidy amount The term subsidy amount means the amount of budget authority sufficient to cover the estimated long-term cost to the Federal Government of a Federal credit instrument, as calculated on a net present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). (15) Substantial completion The term substantial completion , with respect to a project, means the earliest date on which a project is considered to perform the functions for which the project is designed. (16) Treatment works The term treatment works has the meaning given the term in section 212 of the Federal Water Pollution Control Act ( 33 U.S.C. 1292 ). 10004. Authority to provide assistance (a) In general The Secretary and the Administrator may provide financial assistance under this title to carry out pilot projects, which shall be selected to ensure a diversity of project types and geographical locations. (b) Responsibility (1) Secretary The Secretary shall carry out all pilot projects under this title that are eligible projects under section 10007(1). (2) Administrator The Administrator shall carry out all pilot projects under this title that are eligible projects under paragraphs (2), (3), (4), (5), (6), and (8) of section 10007. (3) Other projects The Secretary or the Administrator, as applicable, may carry out eligible projects under paragraph (7) or (9) of section 10007. 10005. Applications (a) In general To receive assistance under this title, an eligible entity shall submit to the Secretary or the Administrator, as applicable, an application at such time, in such manner, and containing such information as the Secretary or the Administrator may require. (b) Combined projects In the case of an eligible project described in paragraph (8) or (9) of section 10007, the Secretary or the Administrator, as applicable, shall require the eligible entity to submit a single application for the combined group of projects. 10006. Eligible entities The following entities are eligible to receive assistance under this title: (1) A corporation. (2) A partnership. (3) A joint venture. (4) A trust. (5) A Federal, State, or local governmental entity, agency, or instrumentality. (6) A tribal government or consortium of tribal governments. (7) A State infrastructure financing authority. 10007. Projects eligible for assistance The following projects may be carried out with amounts made available under this title: (1) A project for flood control or hurricane and storm damage reduction that the Secretary has determined is technically sound, economically justified, and environmentally acceptable, including— (A) a structural or nonstructural measure to reduce flood risk, enhance stream flow, or protect natural resources; and (B) a levee, dam, tunnel, aqueduct, reservoir, or other related water infrastructure. (2) 1 or more activities that are eligible for assistance under section 603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)), notwithstanding the public ownership requirement under paragraph (1) of that subsection. (3) 1 or more activities described in section 1452(a)(2) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(a)(2) ). (4) A project for enhanced energy efficiency in the operation of a public water system or a publicly owned treatment works. (5) A project for repair, rehabilitation, or replacement of a treatment works, community water system, or aging water distribution or waste collection facility (including a facility that serves a population or community of an Indian reservation). (6) A brackish or sea water desalination project, a managed aquifer recharge project, or a water recycling project. (7) Acquisition of real property or an interest in real property— (A) if the acquisition is integral to a project described in paragraphs (1) through (6); or (B) pursuant to an existing plan that, in the judgment of the Administrator or the Secretary, as applicable, would mitigate the environmental impacts of water resources infrastructure projects otherwise eligible for assistance under this section. (8) A combination of projects, each of which is eligible under paragraph (2) or (3), for which a State infrastructure financing authority submits to the Administrator a single application. (9) A combination of projects secured by a common security pledge, each of which is eligible under paragraph (1), (2), (3), (4), (5), (6), or (7), for which an eligible entity, or a combination of eligible entities, submits a single application. 10008. Activities eligible for assistance For purposes of this title, an eligible activity with respect to an eligible project includes the cost of— (1) development-phase activities, including planning, feasibility analysis (including any related analysis necessary to carry out an eligible project), revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities; (2) construction, reconstruction, rehabilitation, and replacement activities; (3) the acquisition of real property or an interest in real property (including water rights, land relating to the project, and improvements to land), environmental mitigation (including acquisitions pursuant to section 10007(7)), construction contingencies, and acquisition of equipment; (4) capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction; and (5) refinancing interim construction funding, long-term project obligations, or a secured loan or loan guarantee made under this title. 10009. Determination of eligibility and project selection (a) Eligibility requirements To be eligible to receive financial assistance under this title, a project shall meet the following criteria, as determined by the Secretary or Administrator, as applicable: (1) Creditworthiness (A) In general Subject to subparagraph (B), the project shall be creditworthy, which shall be determined by the Secretary or the Administrator, as applicable, who shall ensure that any financing for the project has appropriate security features, such as a rate covenant, to ensure repayment. (B) Preliminary rating opinion letter The Secretary or the Administrator, as applicable, shall require each project applicant to provide a preliminary rating opinion letter from at least 1 rating agency indicating that the senior obligations of the project (which may be the Federal credit instrument) have the potential to achieve an investment-grade rating. (C) Special rule for certain combined projects The Administrator shall develop a credit evaluation process for a Federal credit instrument provided to a State infrastructure financing authority for a project under section 10007(8) or an entity for a project under section 10007(9), which may include requiring the provision of a preliminary rating opinion letter from at least 1 rating agency. (2) Eligible project costs (A) In general Subject to subparagraph (B), the eligible project costs of a project shall be reasonably anticipated to be not less than $20,000,000. (B) Rural water infrastructure projects For rural water infrastructure projects, the eligible project costs of a project shall be reasonably anticipated to be not less than $5,000,000. (3) Dedicated revenue sources The Federal credit instrument for the project shall be repayable, in whole or in part, from dedicated revenue sources that also secure the project obligations. (4) Public sponsorship of private entities In the case of a project carried out by an entity that is not a State or local government or an agency or instrumentality of a State or local government or a tribal government or consortium of tribal governments, the project shall be publicly sponsored. (5) Limitation No project receiving Federal credit assistance under this title may be financed or refinanced (directly or indirectly), in whole or in part, with proceeds of any obligation— (A) the interest on which is exempt from the tax imposed under chapter 1 of the Internal Revenue Code of 1986; or (B) with respect to which credit is allowable under subpart I or J of part IV of subchapter A of chapter 1 of such Code. (b) Selection criteria (1) Establishment The Secretary or the Administrator, as applicable, shall establish criteria for the selection of projects that meet the eligibility requirements of subsection (a), in accordance with paragraph (2). (2) Criteria The selection criteria shall include the following: (A) The extent to which the project is nationally or regionally significant, with respect to the generation of economic and public benefits, such as— (i) the reduction of flood risk; (ii) the improvement of water quality and quantity, including aquifer recharge; (iii) the protection of drinking water; and (iv) the support of international commerce. (B) The extent to which the project financing plan includes public or private financing in addition to assistance under this title. (C) The likelihood that assistance under this title would enable the project to proceed at an earlier date than the project would otherwise be able to proceed. (D) The extent to which the project uses new or innovative approaches. (E) The amount of budget authority required to fund the Federal credit instrument made available under this title. (F) The extent to which the project— (i) protects against extreme weather events, such as floods or hurricanes; or (ii) helps maintain or protect the environment. (G) The extent to which a project serves regions with significant energy exploration, development, or production areas. (H) The extent to which a project serves regions with significant water resource challenges, including the need to address— (i) water quality concerns in areas of regional, national, or international significance; (ii) water quantity concerns related to groundwater, surface water, or other water sources; (iii) significant flood risk; (iv) water resource challenges identified in existing regional, State, or multistate agreements; or (v) water resources with exceptional recreational value or ecological importance. (I) The extent to which assistance under this title reduces the contribution of Federal assistance to the project. (3) Special rule for certain combined projects For a project described in section 10007(8), the Administrator shall only consider the criteria described in subparagraphs (B) through (I) of paragraph (2). (c) Federal requirements Nothing in this section supersedes the applicability of other requirements of Federal law (including regulations). 10010. Secured loans (a) Agreements (1) In general Subject to paragraphs (2) through (4), the Secretary or the Administrator, as applicable, may enter into agreements with 1 or more obligors to make secured loans, the proceeds of which shall be used— (A) to finance eligible project costs of any project selected under section 10009; (B) to refinance interim construction financing of eligible project costs of any project selected under section 10009; or (C) to refinance long-term project obligations or Federal credit instruments, if that refinancing provides additional funding capacity for the completion, enhancement, or expansion of any project that— (i) is selected under section 10009; or (ii) otherwise meets the requirements of section 10009. (2) Limitation on refinancing of interim construction financing A secured loan under paragraph (1) shall not be used to refinance interim construction financing under paragraph (1)(B) later than 1 year after the date of substantial completion of the applicable project. (3) Financial risk assessment Before entering into an agreement under this subsection for a secured loan, the Secretary or the Administrator, as applicable, in consultation with the Director of the Office of Management and Budget and each rating agency providing a preliminary rating opinion letter under section 10009(a)(1)(B), shall determine an appropriate capital reserve subsidy amount for the secured loan, taking into account each such preliminary rating opinion letter. (4) Investment-grade rating requirement The execution of a secured loan under this section shall be contingent on receipt by the senior obligations of the project of an investment-grade rating. (b) Terms and limitations (1) In general A secured loan provided for a project under this section shall be subject to such terms and conditions, and contain such covenants, representations, warranties, and requirements (including requirements for audits), as the Secretary or the Administrator, as applicable, determines to be appropriate. (2) Maximum amount The amount of a secured loan under this section shall not exceed the lesser of— (A) an amount equal to 49 percent of the reasonably anticipated eligible project costs; and (B) if the secured loan does not receive an investment-grade rating, the amount of the senior project obligations of the project. (3) Payment A secured loan under this section— (A) shall be payable, in whole or in part, from State or local taxes, user fees, or other dedicated revenue sources that also secure the senior project obligations of the relevant project; (B) shall include a rate covenant, coverage requirement, or similar security feature supporting the project obligations; and (C) may have a lien on revenues described in subparagraph (A), subject to any lien securing project obligations. (4) Interest rate The interest rate on a secured loan under this section shall be not less than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement. (5) Maturity date (A) In general The final maturity date of a secured loan under this section shall be not later than 35 years after the date of substantial completion of the relevant project. (B) Special rule for State infrastructure financing authorities The final maturity date of a secured loan to a State infrastructure financing authority under this section shall be not later than 35 years after the date on which amounts are first disbursed. (6) Nonsubordination A secured loan under this section shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor of the project. (7) Fees The Secretary or the Administrator, as applicable, may establish fees at a level sufficient to cover all or a portion of the costs to the Federal Government of making a secured loan under this section. (8) Non-Federal share The proceeds of a secured loan under this section may be used to pay any non-Federal share of project costs required if the loan is repayable from non-Federal funds. (9) Maximum federal involvement (A) In general Except as provided in subparagraph (B), for each project for which assistance is provided under this title, the total amount of Federal assistance shall not exceed 80 percent of the total project cost. (B) Exception Subparagraph (A) shall not apply to any rural water project— (i) that is authorized to be carried out by the Secretary of the Interior; (ii) that includes among its beneficiaries a federally recognized Indian tribe; and (iii) for which the authorized Federal share of the total project costs is greater than the amount described in subparagraph (A). (c) Repayment (1) Schedule The Secretary or the Administrator, as applicable, shall establish a repayment schedule for each secured loan provided under this section, based on the projected cash flow from project revenues and other repayment sources. (2) Commencement (A) In general Scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than 5 years after the date of substantial completion of the project. (B) Special rule for State infrastructure financing authorities Scheduled loan repayments of principal or interest on a secured loan to a State infrastructure financing authority under this title shall commence not later than 5 years after the date on which amounts are first disbursed. (3) Deferred payments (A) Authorization If, at any time after the date of substantial completion of a project for which a secured loan is provided under this section, the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the secured loan, the Secretary or the Administrator, as applicable, subject to subparagraph (C), may allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan. (B) Interest Any payment deferred under subparagraph (A) shall— (i) continue to accrue interest in accordance with subsection (b)(4) until fully repaid; and (ii) be scheduled to be amortized over the remaining term of the secured loan. (C) Criteria (i) In general Any payment deferral under subparagraph (A) shall be contingent on the project meeting such criteria as the Secretary or the Administrator, as applicable, may establish. (ii) Repayment standards The criteria established under clause (i) shall include standards for reasonable assurance of repayment. (4) Prepayment (A) Use of excess revenues Any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations may be applied annually to prepay a secured loan under this section without penalty. (B) Use of proceeds of refinancing A secured loan under this section may be prepaid at any time without penalty from the proceeds of refinancing from non-Federal funding sources. (d) Sale of secured loans (1) In general Subject to paragraph (2), as soon as practicable after the date of substantial completion of a project and after providing a notice to the obligor, the Secretary or the Administrator, as applicable, may sell to another entity or reoffer into the capital markets a secured loan for a project under this section, if the Secretary or the Administrator, as applicable, determines that the sale or reoffering can be made on favorable terms. (2) Consent of obligor In making a sale or reoffering under paragraph (1), the Secretary or the Administrator, as applicable, may not change the original terms and conditions of the secured loan without the written consent of the obligor. (e) Loan guarantees (1) In general The Secretary or the Administrator, as applicable, may provide a loan guarantee to a lender in lieu of making a secured loan under this section, if the Secretary or the Administrator, as applicable, determines that the budgetary cost of the loan guarantee is substantially the same as that of a secured loan. (2) Terms The terms of a loan guarantee provided under this subsection shall be consistent with the terms established in this section for a secured loan, except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender, with the consent of the Secretary or the Administrator, as applicable. 10011. Program administration (a) Requirement The Secretary or the Administrator, as applicable, shall establish a uniform system to service the Federal credit instruments made available under this title. (b) Fees (1) In general The Secretary or the Administrator, as applicable, may collect and spend fees, contingent on authority being provided in appropriations Acts, at a level that is sufficient to cover— (A) the costs of services of expert firms retained pursuant to subsection (d); and (B) all or a portion of the costs to the Federal Government of servicing the Federal credit instruments provided under this title. (c) Servicer (1) In general The Secretary or the Administrator, as applicable, may appoint a financial entity to assist the Secretary or the Administrator in servicing the Federal credit instruments provided under this title. (2) Duties A servicer appointed under paragraph (1) shall act as the agent for the Secretary or the Administrator, as applicable. (3) Fee A servicer appointed under paragraph (1) shall receive a servicing fee, subject to approval by the Secretary or the Administrator, as applicable. (d) Assistance from experts The Secretary or the Administrator, as applicable, may retain the services, including counsel, of organizations and entities with expertise in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments provided under this title. (e) Applicability of other laws Section 513 of the Federal Water Pollution Control Act ( 33 U.S.C. 1372 ) applies to the construction of a project carried out, in whole or in part, with assistance made available through a Federal credit instrument under this title in the same manner that section applies to a treatment works for which a grant is made available under that Act. 10012. State, tribal, and local permits The provision of financial assistance for project under this title shall not— (1) relieve any recipient of the assistance of any obligation to obtain any required State, local, or tribal permit or approval with respect to the project; (2) limit the right of any unit of State, local, or tribal government to approve or regulate any rate of return on private equity invested in the project; or (3) otherwise supersede any State, local, or tribal law (including any regulation) applicable to the construction or operation of the project. 10013. Regulations The Secretary or the Administrator, as applicable, may promulgate such regulations as the Secretary or Administrator determines to be appropriate to carry out this title. 10014. Funding (a) In general There is authorized to be appropriated to each of the Secretary and the Administrator to carry out this title $50,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. (b) Administrative costs Of the funds made available to carry out this title, the Secretary or the Administrator, as applicable, may use for the administration of this title, including for the provision of technical assistance 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. 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 objectives 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. 10016. Use of American iron, steel, and manufactured 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 repair of a project eligible for assistance under this title unless 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 sufficient 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 justification as to why the provision is being waived. (d) International agreements This section shall be applied in a manner consistent with United States obligations under international agreements. XI Extreme weather 11001. Definition of resilient construction technique In this title, the term resilient construction technique 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 disruptive event to a property; and (3) has the absorptive capacity, adaptive capacity, and recoverability to withstand a potentially disruptive event. 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 Commerce, shall enter into an arrangement with the National Academy of Sciences to carry out a study and make recommendations relating to infrastructure and coastal restoration options for reducing risk to human life and property from extreme weather events, such as hurricanes, coastal storms, and inland flooding. (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 approaches and mechanisms for ecosystem protection and identification of natural resources likely to have the greatest need for protection, restoration, and conservation so that the infrastructure and restoration projects can continue safeguarding the communities in, and sustaining the economy of, the United States; (4) an estimation of the funding necessary to improve infrastructure in the United States to reduce risk associated with extreme weather events; (5) an analysis of the adequacy of current funding sources and the identification of potential new funding sources to finance the necessary infrastructure improvements referred to in paragraph (3); and (6) an analysis of the Federal, State, and local costs of natural disasters and the potential cost-savings associated with implementing mitigation measures. (c) Coordination The National Academy of Sciences may cooperate with the National Academy of Public Administration to carry out 1 or more aspects of the study under subsection (a). (d) Publication Not later than 30 days after completion 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 publicly accessible Internet site. 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 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 study of the strategies used by the Corps of Engineers for the comprehensive 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 respond to historical drought, storm, and flood events. (b) Considerations The study under subsection (a) shall address— (1) the extent to which existing water management 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, including dams, levees, floodwalls, flood gates, and other appurtenant infrastructure were designed to adequately address flood, storm, and drought impacts and the extent to which the water resources projects have been successful at addressing those impacts; (3) any recommendations for approaches for repairing, rebuilding, or restoring infrastructure, land, and natural resources that consider the risks and vulnerabilities associated with past and future extreme weather events; (4) whether a reevaluation of existing management approaches of the Corps of Engineers could result in greater efficiencies in water management and project delivery that would enable the Corps of Engineers to better prepare for, contain, and respond to flood, storm, and drought conditions; (5) any recommendations for improving the planning processes of the Corps of Engineers to provide opportunities for comprehensive management of water resources that increases efficiency and improves response to flood, storm, and drought conditions; (6) any recommendations on the use of resilient construction techniques to reduce future vulnerability from flood, storm, and drought conditions; and (7) any recommendations for improving approaches to rebuilding or restoring infrastructure and natural resources that contribute to risk reduction, such as coastal wetlands, to prepare for flood and drought. 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 section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ), the Secretary may carry out a watershed assessment to identify, to the maximum extent practicable, specific flood risk reduction, hurricane and storm damage reduction, ecosystem restoration, or navigation project recommendations that will help to rehabilitate and improve 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 assessment carried out paragraph (1) may identify existing projects being carried out under 1 or more of the authorities 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 assessments and related information developed by the Secretary or other Federal, State, or local entities. (b) Projects (1) In general The Secretary may carry out 1 or more small projects identified in a watershed assessment 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 Development Act of 1996 ( 33 U.S.C. 2330 ); (D) section 1135 of the Water Resources Development 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 completed for the project prior to the disaster to be repeated. (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. 11005. Authority to accept and expend non-Federal 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. XII National Endowment for the Oceans 12001. Short title This title may be cited as the National Endowment for the Oceans Act . 12002. Purposes The purposes of this title are to protect, conserve, restore, and understand the oceans, coasts, and Great Lakes of the United States, ensuring present and future generations will benefit from the full range of ecological, economic, educational, social, cultural, nutritional, and recreational opportunities and services these resources are capable of providing. 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 section 304 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453 ). (3) Corpus The term corpus , with respect to the Endowment fund, means an amount equal to the Federal payments to such fund, amounts contributed to the fund from non-Federal sources, and appreciation from capital gains and reinvestment of income. (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, established 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 established 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 Indian 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 shoreline 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. 12004. National Endowment for the Oceans (a) Establishment The Secretary and the Foundation are authorized to establish the National Endowment for the Oceans as a permanent Endowment fund, in accordance 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). (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 provisions 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 Secretary, 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 paragraph (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 (C) no more than 2 percent may be used by the Secretary and the Foundation for administrative 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 paragraph (1) for that fiscal year to award grants under section 12006(b). (B) Determination amount The amount described in this subparagraph for a fiscal 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. (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 requirements of section 12005; or (2) fails to comply with a procedure, measure, method, or standard established under section 12006(a)(1). 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 understand living marine resources and their habitats and ocean, coastal, and Great Lakes resources, including baseline scientific research, ocean observing, and other programs and activities carried out in coordination with Federal and State departments or agencies, that are consistent with Federal environmental laws and that avoid environmental degradation, including the following: (1) Ocean, coastal, and Great Lakes restoration and protection, including the protection of the environmental integrity of such areas, and their related watersheds, including efforts to mitigate potential impacts 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 development to enhance ecosystem integrity or minimize impacts from sea level change and coastal erosion. (4) Analyses of current and anticipated impacts of ocean acidification and assessment of potential actions 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 management efforts designed to manage, protect, or restore ocean, coastal, and Great Lakes resources and ecosystems. (7) Research, assessment, monitoring, observation, modeling, and sharing of scientific information that contribute to the understanding of ocean, coastal, 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 hydrocarbons released into the marine environment from natural and anthropogenic sources, including spills. (9) Efforts to improve spill response and preparedness technologies. (10) Acquiring property or interests in property in coastal and estuarine areas, if such property or interest 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 activity 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 Restoration Initiative Plan, the Great Lakes Regional Collaboration Strategy, the Great Lakes Water Quality Agreement, or other collaborative planning efforts of the Great Lakes Region. (d) Prohibition on use of funds for litigation No funds made available under this title may be used to fund litigation over any matter. 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, including 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 consultation with the Secretary of Commerce and the Secretary of the Interior. (C) Eligibility criteria for awarding grants— (i) under subsection (b) to coastal States; and (ii) under subsection (c) to entities including States, Indian tribes, regional bodies, associations, non-governmental organizations, and academic institutions. (D) Performance accountability and monitoring measures for programs and activities funded by a grant awarded under subsection (b) or (c). (E) Procedures and methods to ensure accurate 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 recipients 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 paragraph (1). (B) Determination and notice Not later than 90 days after receiving the procedures, measures, methods, and standards under subparagraph (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 determination. (C) Justification of disapproval If the Secretary disapproves of the procedures, measures, methods, and standards under subparagraph (B), the Secretary shall include in notice submitted under clause (ii) of such subparagraph 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 disapproved the procedures, measures, methods, and standards, the Foundation shall revise such procedures, measures, methods, and standards and submit such revised procedures, measures, methods, and standards to the Secretary. (E) Review of resubmittal Not later than 30 days after receiving revised procedures, 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 determination. (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 allocated 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 allocated 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— (A) a coastal State that has a coastal management 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 December 31, 2018, a coastal State that had, during the period beginning January 1, 2008, and ending on the date of the enactment of this Act, a coastal management program approved as described in subparagraph (A). (3) Maximum allocation to States Notwithstanding paragraph (1), not more than 10 percent of the total funds distributed under this subsection 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 geographic areas (A) In general Notwithstanding paragraph (1), each geographic area described in subparagraph (B) may not receive more than 1 percent of the total funds distributed under this subsection. Any amount exceeding this limit shall be redistributed among the remaining States according to the formula established under paragraph (1). (B) Geographic areas described The geographic areas described in this subparagraph are the following: (i) American Samoa. (ii) The Commonwealth of the Northern 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 coastal State intends to achieve during the time period covered by the 5-year plan. (ii) Identification and general descriptions of existing State projects or activities that contribute to realization of such goals, including a description of the entities conducting those projects or activities. (iii) General descriptions of projects or activities, consistent with the eligible uses described in section 12005, applicable provisions 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 allocating 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 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 subparagraph (A) for the 5-year period immediately following 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 opportunity 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. (B) Disapproval If the Secretary disapproves 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 disapproves a plan of a coastal State under subparagraph (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 review 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 (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 establish an advisory panel to conduct reviews of applications for grants under paragraph (1) and the Foundation shall consider the recommendations of the Advisory Panel with respect to such applications. (B) Membership The advisory panel established under subparagraph (A) shall include persons representing a balanced and diverse range, as determined by the Foundation, of— (i) ocean, coastal, and Great Lakes dependent industries; (ii) geographic regions; (iii) nonprofit conservation organizations with a mission that includes the conservation and protection of living marine resources and their habitats; and (iv) academic institutions with strong scientific or technical credentials and experience in marine science or policy. 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 Committee 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 Endowment at the end of the fiscal year; and (2) a description of the expenditures made from the Endowment for the fiscal year, including the purpose of the expenditures. 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 States Tracts 413 and 427, and acquired for the McClellan-Kerr Arkansas Navigation System. (2) Non-Federal land The term non-Federal 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 determined acceptable by the Secretary. (B) Deed to Federal land The Secretary 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— (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 acceptable 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, including any costs that the Secretary determines necessary and reasonable in the interest of the United States, including surveys, appraisals, real estate transaction fees, administrative costs, and environmental documentation. (4) Cash payment If the appraised fair market 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. (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. XIII Miscellaneous 13001. Applicability of Spill Prevention, Control, and Countermeasure rule (a) Definitions In this title: (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 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 successor regulations). (6) Reportable oil discharge history The term reportable oil discharge history has the meaning used to describe the legal requirement to report a discharge of oil under applicable law. (7) Spill Prevention, Control, and Countermeasure rule The term Spill Prevention, Control, and Countermeasure rule means the regulation, including amendments, promulgated by the Administrator under part 112 of title 40, Code of Federal Regulations (or successor regulations). (b) Certification In implementing the Spill Prevention, Control, and Countermeasure rule with respect to any farm, the Administrator shall— (1) require certification of compliance with the rule by— (A) a professional engineer for a farm with— (i) an individual tank with an aboveground storage capacity greater than 10,000 gallons; (ii) an aggregate aboveground storage capacity greater than or equal to 20,000 gallons; or (iii) a reportable oil discharge history; or (B) the owner or operator of the farm (via self-certification) for a farm with— (i) an aggregate aboveground storage capacity not more than 20,000 gallons and not less than the lesser of— (I) 6,000 gallons; or (II) the adjustment described in subsection (d)(2); and (ii) no reportable oil discharge history of oil; and (2) not require a certification of a statement of compliance with the rule— (A) subject to subsection (d), with an aggregate aboveground storage capacity of not less than 2,500 gallons and not more than 6,000 gallons; and (B) no reportable oil discharge history; and (3) not require a certification of a statement of compliance with the rule for an aggregate aboveground storage capacity of not more than 2,500 gallons. (c) Calculation of aggregate aboveground storage capacity For purposes of subsection (b), the aggregate aboveground 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 12 months of 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 subsection (b)(2)(A) and (b)(1)(B) to 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 Agriculture, shall promulgate a rule to adjust the exemption levels described in subsection (b)(2)(A) and (b)(1)(B) in accordance with the study. 13002. 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.

Secretary

tv_txt: I 113th CONGRESS 1st Session H. R. 3080 IN THE HOUSE OF REPRESENTATIVES AN ACT To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Water Resources Reform and Development Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. Title I—Program Reforms and Streamlining Sec. 101. Vertical integration and acceleration of studies. Sec. 102. Expediting the evaluation and processing of permits. Sec. 103. Environmental streamlining. Sec. 104. Consolidation of studies. Sec. 105. Expedited completion of reports. Sec. 106. Removal of duplicative analyses. Sec. 107. Expediting approval of modifications and alterations of projects by non-Federal interests. Sec. 108. Construction of projects by non-Federal interests. Sec. 109. Contributions by non-Federal interests. Sec. 110. Contributions by non-Federal interests for management of Corps of Engineers inland navigation facilities. Sec. 111. Additional contributions by non-Federal interests. Sec. 112. Contributions by non-Federal interests prior to authorization of final feasibility reports. Sec. 113. Clarification of impacts to other Federal facilities. Sec. 114. Clarification of previously authorized work. Sec. 115. Tribal partnership program. Sec. 116. Technical corrections. Sec. 117. Water infrastructure public-private partnership pilot program. Sec. 118. Annual report to Congress. Sec. 119. Actions to be taken in conjunction with the President’s annual budget submission to Congress. Sec. 120. Hurricane and storm damage reduction study. Sec. 121. Non-Federal plans to provide additional flood risk reduction. Sec. 122. Review of emergency response authorities. Sec. 123. Emergency communication of risk. Sec. 124. Improvements to the National Dam Safety Program Act. Sec. 125. Restricted areas at Corps of Engineers dams. Sec. 126. Levee safety. Sec. 127. Vegetation on levees. Sec. 128. Reduction of Federal costs. Sec. 129. Advanced modeling technologies. Sec. 130. Enhanced use of electronic commerce in Federal procurement. Sec. 131. Corrosion prevention. Sec. 132. Resilient construction and use of innovative materials. Sec. 133. Assessment of water supply in arid regions. Sec. 134. River basin commissions. Sec. 135. Sense of Congress regarding water resources development bills. Sec. 136. Donald G. Waldon Lock and Dam. Sec. 137. Aquatic invasive species. Sec. 138. Recreational access. Sec. 139. Territories of the United States. Sec. 140. Sense of Congress regarding interstate water agreements and compacts. Sec. 141. Report on surface elevations at drought effected lakes. Sec. 142. Future water supply. Sec. 143. Congressional consent for new project purposes. Sec. 144. Multiagency effort to slow the spread of asian carp in the upper mississippi river and ohio river basins and tributaries. Sec. 145. Aquatic invasive species prevention and control. Sec. 146. National Ocean Policy implementation. Sec. 147. Calculation of benefits and costs for flood damage reduction and hurricane and storm damage reduction projects. Title II—Navigation Improvements Subtitle A—Ports Sec. 201. Expanded use of Harbor Maintenance Trust Fund. Sec. 202. Assessment and prioritization of operation and maintenance. Sec. 203. Preserving United States harbors. Sec. 204. Consolidation of deep draft navigation expertise. Sec. 205. Disposal sites. Sec. 206. Harbor Maintenance Trust Fund study. Subtitle B—Inland Waterways Sec. 211. Definitions. Sec. 212. Project delivery process reforms. Sec. 213. Efficiency of revenue collection. Sec. 214. Inland waterways revenue studies. Sec. 215. Inland waterways stakeholder roundtable. Sec. 216. Preserving the Inland Waterway Trust Fund. Sec. 217. Public comment on lock operations. Sec. 218. Assessment of operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway. Sec. 219. Upper Mississippi River protection. Sec. 220. Corps of Engineers lock and dam energy development. Title III—Deauthorizations and Backlog Prevention Sec. 301. Deauthorization of inactive projects. Sec. 302. Review of Corps of Engineers assets. Sec. 303. Backlog prevention. Sec. 304. Deauthorizations. Sec. 305. Land conveyances. Title IV—Water Resources Infrastructure Sec. 401. Authorization of final feasibility studies. Sec. 402. Project modifications. 2. Definition of Secretary In this Act, the term Secretary means the Secretary of the Army. I Program Reforms and Streamlining 101. Vertical integration and acceleration of studies (a) In general To the extent practicable, a feasibility study initiated by the Secretary, after the date of enactment of this Act, under section 905(a) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282(a) ) shall— (1) result in the completion of a final feasibility report not later than 3 years after the date of initiation; (2) have a maximum Federal cost of $3,000,000; and (3) ensure that personnel from the district, division, and headquarters levels of the Corps of Engineers concurrently conduct the review required under that section. (b) Exception If the Secretary determines that a feasibility study described in subsection (a) will not be conducted in accordance with subsection (a), the Secretary, not later than 30 days after the date of making the determination, shall— (1) prepare an updated feasibility study schedule and cost estimate; (2) notify the non-Federal feasibility cost sharing partner that the feasibility study has been delayed; and (3) provide written notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate as to the reasons the requirements of subsection (a) are not attainable. (c) Termination of authorization A feasibility study for which the Secretary has issued a determination under subsection (b) is not authorized after the last day of the 1-year period beginning on the date of the determination if the Secretary has not completed the study on or before such last day. (d) Report Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes— (1) the status of the implementation of this section, including a description of each feasibility study subject to the requirements of this section; (2) the amount of time taken to complete each such feasibility study; and (3) any recommendations for additional authority necessary to support efforts to expedite the feasibility study process, including an analysis of whether the limitation established by subsection (a)(2) needs to be adjusted to address the impacts of inflation. (e) Reviews Not later than 90 days after the date of the initiation of a study described in subsection (a) for a project, the Secretary shall— (1) take all steps necessary to initiate the federally mandated reviews that the Secretary is required to complete as part of the study, including environmental reviews; (2) convene a meeting of all Federal, tribal, and State agencies identified under section 2045(d) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2348(d) ), as amended by this Act, and that may be required by law to conduct or issue a review, analysis, or opinion on or to make a determination concerning a permit or license for the study; (3) provide the agencies referred to in paragraph (2) with all relevant information related to the scope and potential impacts of the project, including environmental impacts; and (4) take all steps necessary to provide information that will enable required reviews and analyses related to the project to be conducted by other agencies in a thorough and timely manner. 102. Expediting the evaluation and processing of permits Section 214 of the Water Resources Development Act of 2000 ( 33 U.S.C. 2201 note) is amended— (1) in subsection (a)— (A) by inserting or public-utility company or natural gas company (as defined in section 1262 of the Public Utility Holding Company Act of 2005 ( 42 U.S.C. 16451 )) after non-Federal public entity ; (B) by inserting or company after that entity ; and (C) by adding at the end the following: To the maximum extent practicable, the Secretary shall ensure that expediting the evaluation of a permit through the use of funds accepted and expended under this section does not adversely affect the timeline for evaluation (in the Corps district in which the project or activity is located) of permits under the jurisdiction of the Department of the Army of other entities that have not contributed funds under this section. ; and (2) by striking subsection (e). 103. Environmental streamlining (a) Declaration of policy (1) In general Congress declares that— (A) the benefits of water resources projects are important to the Nation’s economy and environment; (B) it is in the national interest to expedite the delivery of water resources projects; (C) it is in the national interest for Federal and State agencies, local governments, Indian tribes, and other entities involved in water resources projects— (i) to accelerate study completion and project delivery and to reduce costs; and (ii) to ensure that the planning, design, engineering, construction, and funding of water resources projects is done in an efficient and effective manner, promoting accountability for public investments and encouraging greater local and private sector involvement in project financing and delivery while addressing public safety and protecting the environment; and (D) delay in the delivery of water resources studies and projects— (i) increases project costs, flood risks, and local and Federal expenditures for emergency management and recovery; (ii) harms the economy of the United States; and (iii) impedes the shipment of goods for the conduct of commerce. (2) Policy Given the declarations set forth in paragraph (1), it is the policy of the United States that— (A) recommendations to Congress regarding such projects should be accelerated by coordinated and efficient environmental reviews and cooperative efforts to quickly resolve disputes during the development of water resources projects; (B) the Secretary shall have the lead role among Federal agencies in facilitating the environmental review process for water resources projects; (C) each Federal agency shall cooperate with the Secretary to expedite the environmental review process for water resources projects; (D) programmatic approaches shall be used if applicable to reduce the need for project-by-project reviews and decisions by Federal agencies; (E) the Secretary shall identify opportunities for non-Federal sponsors to assume responsibilities of the Secretary if such responsibilities can be assumed in a manner that protects public health and safety, the environment, and public participation; and (F) the Assistant Secretary of the Army for Civil Works shall identify and promote the deployment of innovations aimed at reducing the time and money required to deliver water resources projects while protecting the environment. (b) Streamlined project delivery (1) In general Section 2045 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2348 ) is amended to read as follows: 2045. Streamlined project delivery (a) Definitions In this section, the following definitions apply: (1) Environmental impact statement The term environmental impact statement means the detailed statement of environmental impacts required to be prepared pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (2) Environmental review process (A) In general The term environmental review process means the process of preparing an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for a project study. (B) Inclusions The term environmental review process includes the process for and completion of any environmental permit, approval, review, or study required for a project study under any Federal law other than the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (3) Federal jurisdictional agency The term Federal jurisdictional agency means a Federal agency with jurisdiction over a review, analysis, opinion, statement, permit, license, or other approval or decision required for a project study under applicable Federal laws, including regulations. (4) Project The term project means a Corps of Engineers water resources project. (5) Project sponsor The term project sponsor means the non-Federal interest as defined in section 221(b) of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ). (6) Project study The term project study means a feasibility study for a project carried out pursuant to section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ). (b) Applicability The procedures in this section are applicable to all project studies initiated after the date of enactment of the Water Resources Reform and Development Act of 2013 and for which an environmental impact statement is prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and may be applied, to the extent determined appropriate by the Secretary, to other project studies initiated after such date of enactment and for which an environmental review process document is prepared under such Act. (c) Lead agencies (1) Federal lead agency The Corps of Engineers shall be the Federal lead agency in the environmental review process for a project study. (2) Non-Federal project sponsor as joint lead agency At the discretion of the Secretary and subject to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), a non-Federal project sponsor that is an agency defined in subsection (a)— (A) may serve as a joint lead agency with the Corps of Engineers for purposes of preparing any environmental review process document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (B) may assist in the preparation of any such environmental review process document required under the National Environmental Policy Act of 1969 if the Secretary provides guidance in the preparation process, participates in preparing the document, independently evaluates that document, and approves and adopts the document before the Secretary takes any subsequent action or makes any approval based on that document. (3) Adoption and use of documents Any environmental review process document prepared in accordance with this subsection shall be adopted and used by any Federal agency in making any approval of a project subject to this section as the document required to be completed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) to the same extent that the Federal agency may adopt or use a document prepared by another Federal agency under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (4) Roles and responsibility of Federal lead agency With respect to the environmental review process for any project, the Federal lead agency shall have authority and responsibility— (A) to take such actions as are necessary and proper, within the authority of the Federal lead agency, to facilitate the expeditious resolution of the environmental review process for the project study; and (B) to prepare or ensure that any required environmental impact statement or other document for a project study required to be completed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) is completed in accordance with this section and applicable Federal law. (d) Participating and cooperating agencies (1) Identification The Federal lead agency shall identify, as early as practicable in the environmental review process for a project study, any Federal or State agency, local government, or Indian tribe that may— (A) have jurisdiction over the project; (B) be required by law to conduct or issue a review, analysis, opinion, or statement for the project study; or (C) be required to make a determination on issuing a permit, license, or other approval or decision for the project study. (2) Invitation (A) In general The Federal lead agency shall invite any such agency identified under paragraph (1) to become a participating or cooperating agency in the environmental review process for the project study. (B) Deadline An invitation to participate issued under subparagraph (A) shall establish a deadline by which a response to the invitation shall be submitted, which may be extended by the Federal lead agency for good cause. (3) Federal cooperating agency Any Federal agency that is invited by the Federal lead agency to participate in the environmental review process for a project study shall be designated as a cooperating agency by the Federal lead agency unless the invited agency informs the Federal lead agency, in writing, by the deadline specified in the invitation that the invited agency— (A) has no jurisdiction or authority with respect to the project; (B) has no expertise or information relevant to the project study; and (C) does not intend to submit comments on the project study. (4) Effect of designation (A) Requirement A participating or cooperating agency shall comply with the requirements of this section and any schedule established under this section. (B) Implication Designation under this subsection shall not imply that the participating or cooperating agency— (i) supports a proposed project; or (ii) has any jurisdiction over, or special expertise with respect to evaluation of, the project. (5) Concurrent reviews Each participating or cooperating agency shall— (A) carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process unless doing so would prevent such agency from conducting needed analysis or otherwise carrying out their obligations under those other laws; and (B) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner. (e) Programmatic compliance (1) In general The Secretary shall issue guidance regarding the use of programmatic approaches to carry out the environmental review process that— (A) eliminates repetitive discussions of the same issues; (B) focuses on the actual issues ripe for analyses at each level of review; (C) establishes a formal process for coordinating with participating and cooperating agencies, including the creation of a list of all data that is needed to carry out the environmental review process; and (D) complies with— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (ii) all other applicable laws. (2) Requirements In carrying out paragraph (1), the Secretary shall— (A) as the first step in drafting guidance under that paragraph, consult with relevant Federal and State agencies, local governments, Indian tribes, and the public on the use and scope of the programmatic approaches; (B) emphasize the importance of collaboration among relevant Federal agencies, State agencies, local governments, and Indian tribes in undertaking programmatic reviews, especially with respect to reviews with a broad geographical scope; (C) ensure that the programmatic reviews— (i) promote transparency, including of the analyses and data used in the environmental review process, the treatment of any deferred issues raised by a Federal or State agency, local government, Indian tribe, or the public, and the temporal and special scales to be used to analyze those issues; (ii) use accurate and timely information in the environmental review process, including— (I) criteria for determining the general duration of the usefulness of the review; and (II) the timeline for updating any out-of-date review; (iii) describe— (I) the relationship between programmatic analysis and future tiered analysis; and (II) the role of the public in the creation of future tiered analysis; and (iv) are available to other relevant Federal and State agencies, local governments, Indian tribes, and the public; (D) allow not less than 60 days of public notice and comment on any proposed guidance; and (E) address any comments received under subparagraph (D). (f) Coordinated reviews (1) Coordination plan (A) Establishment The Federal lead agency, after consultation with each participating and cooperating agency and the non-Federal project sponsor or joint lead agency, as applicable, shall establish a plan for coordinating public and agency participation in and comment on the environmental review process for a project study. (B) Incorporation In developing the plan established under subparagraph (A), the Federal lead agency shall take under consideration the scheduling requirements under section 101 of the Water Resources Reform and Development Act of 2013. (2) Schedule (A) In general The Federal lead agency, after consultation with each participating and cooperating agency and the non-Federal project sponsor or joint lead agency, as applicable, shall establish, as part of the coordination plan established in paragraph (1)(A), a schedule for completion of the environmental review process for the project study. In developing the schedule, the Federal lead agency shall take under consideration the scheduling requirements under section 101 of the Water Resources Reform and Development Act of 2013. (B) Factors for consideration In establishing the schedule, the Federal lead agency shall consider factors such as— (i) the responsibilities of participating and cooperating agencies under applicable laws; (ii) the resources available to the participating and cooperating agencies and the non-Federal project sponsor or joint lead agency, as applicable; (iii) the overall size and complexity of the project; (iv) the overall schedule for and cost of the project; and (v) the sensitivity of the natural and historic resources that may be affected by the project. (C) Consistency with other time periods A schedule under subparagraph (A) shall be consistent with any other relevant time periods established under Federal law. (D) Modification The Federal lead agency may— (i) lengthen a schedule established under subparagraph (A) for good cause; or (ii) shorten a schedule only with the concurrence of the affected participating and cooperating agencies and the non-Federal project sponsor or joint lead agency, as applicable. (E) Dissemination A copy of a schedule established under subparagraph (A) shall be— (i) provided to each participating and cooperating agency and the non-Federal project sponsor or joint lead agency, as applicable; and (ii) made available to the public. (3) Comment deadlines The Federal lead agency shall establish the following deadlines for comment during the environmental review process for a project study: (A) Draft environmental impact statements For comments by agencies and the public on a draft environmental impact statement, a period of not more than 60 days after such document is made publicly available, unless— (i) a different deadline is established by agreement of the Federal lead agency, all participating and cooperating agencies, and the non-Federal project sponsor or joint lead agency, as applicable; or (ii) the deadline is extended by the Federal lead agency for good cause. (B) Other comment periods For all other comment periods established by the Federal lead agency for agency or public comments in the environmental review process, a period of not more than 30 days after the date on which the materials for which comment is requested are made available, unless— (i) a different deadline is established by agreement of the Federal lead agency, all participating and cooperating agencies, and the non-Federal project sponsor or joint lead agency, as applicable; or (ii) the deadline is extended by the Federal lead agency for good cause. (4) Deadlines for decisions under other laws (A) Prior Approval deadline If a participating or cooperating agency is required to make a determination regarding or otherwise approve or disapprove the project study prior to the record of decision or finding of no significant impact, such participating or cooperating agency shall make such determination or approval not later than 30 days after the Federal lead agency publishes notice of the availability of a final environmental impact statement or other final environmental document, or not later than such other date that is otherwise required by law, whichever occurs first. (B) Other deadlines With regard to any determination or approval of a participating or cooperating agency that is not subject to subparagraph (A), each participating or cooperating agency shall make any required determination or otherwise approve or disapprove the project study not later than 90 days after the date that the Federal lead agency approves the record of decision or finding of no significant impact for the project study, or not later than such other date that is otherwise required by law, whichever occurs first. (C) Record closed In the event that any participating or cooperating agency fails to make a determination or approve or disapprove the project study within the applicable deadline described in subparagraph (A), the Federal lead agency may close the record and find the record sufficient for the project study as it relates to such agency determination or approval. (g) Issue identification and resolution (1) Cooperation The Federal lead agency and participating and cooperating agencies shall work cooperatively in accordance with this section to identify and resolve issues that may delay completion of the environmental review process or result in the denial of any approval required for the project study under applicable laws. (2) Federal lead agency responsibilities (A) In general The Federal lead agency shall make information available to the participating and cooperating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration. (B) Data sources Such information under subparagraph (A) may be based on existing data sources, including geographic information systems mapping. (3) Participating and cooperating agency responsibilities Based on information received from the Federal lead agency, participating and cooperating agencies shall identify, as early as practicable, any issues of concern regarding the potential environmental or socioeconomic impacts of the project, including any issues that may substantially delay or prevent an agency from granting a permit or other approval that is needed for the project study. (4) Accelerated issue resolution and elevation (A) In general Upon the request of a participating or cooperating agency or non-Federal project sponsor, the Secretary shall convene an issue resolution meeting with the relevant participating and cooperating agencies and the non-Federal project sponsor or joint lead agency, as applicable, to resolve issues that may— (i) delay completion of the environmental review process; or (ii) result in denial of any approval required for the project study under applicable laws. (B) Meeting date A meeting requested under this paragraph shall be held not later than 21 days after the date on which the Secretary receives the request for the meeting, unless the Secretary determines that there is good cause to extend that deadline. (C) Notification Upon receipt of a request for a meeting under this paragraph, the Secretary shall notify all relevant participating and cooperating agencies of the request, including the issue to be resolved and the date for the meeting. (D) Elevation of issue resolution If a resolution cannot be achieved within 30 days after a meeting under this paragraph and a determination is made by the Secretary that all information necessary to resolve the issue has been obtained, the Secretary shall forward the dispute to the heads of the relevant agencies for resolution. (E) Convention by Secretary The Secretary may convene an issue resolution meeting under this subsection at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under subparagraph (A). (h) Streamlined documentation and decisionmaking (1) In general The Federal lead agency in the environmental review process for a project study, in order to reduce paperwork and expedite decisionmaking, shall prepare a condensed final environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (2) Condensed format A condensed final environmental impact statement for a project study in the environmental review process shall consist only of— (A) an incorporation by reference of the draft environmental impact statement; (B) any updates to specific pages or sections of the draft environmental impact statement as appropriate; and (C) responses to comments on the draft environmental impact statement and copies of the comments. (3) Timing of decision Notwithstanding any other provision of law, in conducting the environmental review process for a project study, the Federal lead agency shall combine a final environmental impact statement and a record of decision for the project study into a single document if— (A) the alternative approved in the record of decision is either a preferred alternative identified in the draft environmental impact statement or is a modification of such preferred alternative developed in response to comments on the draft environmental impact statement; and (B) the Federal lead agency has a written commitment from parties responsible for implementation of the measures applicable to the approved alternative that are identified in the final environmental impact statement that they will implement those measures. (i) Limitations Nothing in this section shall preempt or interfere with— (1) any practice of seeking, considering, or responding to public comment; or (2) any power, jurisdiction, responsibility, or authority that a Federal or State agency, local government, Indian tribe, or non-Federal project sponsor has with respect to carrying out a project study or any other provision of law applicable to a project. (j) Timing of claims (1) In general Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or other approval issued by a Federal agency for a project study shall be barred unless it is filed not later than 150 days after publication of a notice in the Federal Register announcing that the permit, license, or other approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law which allows judicial review. Nothing in this subsection shall create a right to judicial review or place any limit on filing a claim that a person has violated the terms of a permit, license, or other approval. (2) New information The Secretary shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under title 40, Code of Federal Regulations. The preparation of a supplemental environmental impact statement or other environmental document when required by this section shall be considered a separate final agency action and the deadline for filing a claim for judicial review of such action shall be 150 days after the date of publication of a notice in the Federal Register announcing such action. (k) Categorical exclusions (1) In general Not later than 180 days after the date of enactment of this subsection, the Secretary shall— (A) survey the use by the Corps of Engineers of categorical exclusions in projects; (B) publish a review of the survey that includes a description of— (i) the types of actions that were categorically excluded or may be the basis for developing a new categorical exclusion; and (ii) any requests previously received by the Secretary for new categorical exclusions; and (C) solicit requests from other Federal agencies and non-Federal project sponsors for new categorical exclusions. (2) New categorical exclusions Not later than 1 year after the date of enactment of this subsection, if the Secretary identifies, based on the review under paragraph (1), a category of activities that merit establishing a categorical exclusion not in existence on the day before the date of enactment of this subsection, the Secretary shall publish a notice of proposed rulemaking to propose that new categorical exclusion, to the extent that the categorical exclusion meets the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (or successor regulation). (l) Implementation guidance The Secretary shall prepare guidance documents that describe the processes that the Secretary will use to implement this section. . (2) Clerical amendment The table of contents contained in section 1(b) of the Water Resources Development Act of 2007 is amended by striking the item relating to section 2045 and inserting the following: Sec. 2045. Streamlined project delivery. . (c) Categorical exclusion in emergencies For the repair, reconstruction, or rehabilitation of a water resources project that is in operation or under construction when damaged by an event or incident that results in a declaration by the President of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), the Secretary shall treat such repair, reconstruction, or rehabilitation activity as a class of action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations, if such repair or reconstruction activity is in the same location with the same capacity, dimensions, and design as the original water resources project as before the declaration described in this section. 104. Consolidation of studies (a) In general (1) Repeal Section 905(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282(b) ) is repealed. (2) Conforming amendment Section 905(a)(1) of such Act ( 33 U.S.C. 2282(a)(1) ) is amended by striking perform a reconnaissance study and . (b) Contents of feasibility reports Section 905(a)(2) of such Act ( 33 U.S.C. 2282(a)(2) ) is amended by adding at the end the following: A feasibility report shall include a preliminary analysis of the Federal interest and the costs, benefits, and environmental impacts of the project. . (c) Applicability The Secretary shall continue to carry out a study for which a reconnaissance level investigation has been initiated before the date of enactment of this Act as if this section, including the amendments made by this section, had not been enacted. 105. Expedited completion of reports The Secretary shall— (1) expedite the completion of any on-going feasibility study for a project initiated before the date of enactment of this Act; and (2) if the Secretary determines that the project is justified in a completed report, proceed directly to preconstruction planning, engineering, and design of the project in accordance with section 910 of the Water Resources Development Act of 1986 (100 Stat. 4189). 106. Removal of duplicative analyses Section 911 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2288 ) is repealed. 107. Expediting approval of modifications and alterations of projects by non-Federal interests (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary, after providing notice and an opportunity for comment, shall establish a process for the review of section 14 applications in a timely and consistent manner. (b) Section 14 application defined In this section, the term section 14 application means an application submitted by an applicant to the Secretary requesting permission for the temporary occupation or use of a public work, or the alteration or permanent occupation or use of a public work, under section 14 of the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved March 3, 1899 (commonly known as the Rivers and Harbors Appropriation Act of 1899 ) ( 33 U.S.C. 408 ). (c) Benchmark goals (1) Establishment of benchmark goals In carrying out subsection (a), the Secretary shall— (A) establish benchmark goals for determining the amount of time it should take the Secretary to determine whether a section 14 application is complete; (B) establish benchmark goals for determining the amount of time it should take the Secretary to approve or disapprove a section 14 application; and (C) to the extent practicable, use such benchmark goals to make a decision on section 14 applications in a timely and consistent manner. (2) Benchmark goals (A) Benchmark goals for determining whether section 14 applications are complete To the extent practicable, the benchmark goals established under paragraph (1) shall provide that— (i) the Secretary reach a decision on whether a section 14 application is complete not later than 15 days after the date of receipt of the application; and (ii) if the Secretary determines that a section 14 application is not complete, the Secretary promptly notify the applicant of the specific information that is missing or the analysis that is needed to complete the application. (B) Benchmark goals for reviewing completed applications To the extent practicable, the benchmark goals established under paragraph (1) shall provide that— (i) the Secretary generally approve or disapprove a completed section 14 application not later than 45 days after the date of receipt of the completed application; and (ii) in a case in which the Secretary determines that additional time is needed to review a completed section 14 application due to the type, size, cost, complexity, or impacts of the actions proposed in the application, the Secretary approve or disapprove the application not later than 180 days after the date of receipt of the completed application. (3) Notice In any case in which the Secretary determines that it will take the Secretary more than 45 days to review a completed section 14 application, the Secretary shall— (A) provide written notification to the applicant; and (B) include in the written notice a best estimate of the Secretary as to the amount of time required for completion of the review. (d) Failure To achieve benchmark goals In any case in which the Secretary fails make a decision on a section 14 application in accordance with the process established under this section, the Secretary shall provide written notice to the applicant, including a detailed description of— (1) why the Secretary failed to make a decision in accordance with such process; (2) the additional actions required before the Secretary will issue a decision; and (3) the amount of time the Secretary will require to issue a decision. (e) Notification (1) Submission to Congress The Secretary shall provide a copy of any written notice provided under subsection (d) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (2) Public availability The Secretary shall maintain a publicly available database, including on the Internet, on— (A) all section 14 applications received by the Secretary; and (B) the current status of such applications. 108. Construction of projects by non-Federal interests (a) Construction of water resources development projects Section 211 of the Water Resources Development Act of 1996 ( 33 U.S.C. 701b–13 ) is amended— (1) in the section heading by striking flood control and inserting water resources development ; and (2) by striking flood control each place it appears and inserting water resources development . (b) Completion of studies and design activities Section 211(c) of such Act ( 33 U.S.C. 701b–13(c) ) is amended by striking date of the enactment of this Act and inserting date of enactment of the Water Resources Reform and Development Act of 2013 . (c) Authority To carry out improvements Section 211(d)(1) of such Act ( 33 U.S.C. 701b–13(d)(1) ) is amended— (1) by striking subparagraph (A)(i) and inserting the following: (i) In general A non-Federal interest may carry out construction for which studies and design documents are prepared under subsection (b) only if— (I) the Secretary approves the project for construction; and (II) the project is specifically authorized by Congress. ; and (2) by striking subparagraph (B) and inserting the following: (B) Studies and design activities under subsection (c) Any non-Federal interest that has received from the Secretary under subsection (c) a favorable recommendation to carry out a water resources development project, or separable element thereof, based on the results of completed studies and design documents for the project or element may carry out the project or element if— (i) a final environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) has been filed for the project or element; and (ii) the project is specifically authorized by Congress. . (d) Reimbursement Section 211(e) of such Act ( 33 U.S.C. 701b–13(e) ) is amended— (1) in paragraph (1)— (A) in subparagraph (B) by striking and at the end; (B) in subparagraph (C) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (D) if the project is specifically authorized by Congress. ; and (2) in paragraph (6)— (A) by striking subparagraph (B) and redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and (B) in subparagraph (B) (as so redesignated)— (i) by striking At the request and inserting In accordance with section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ), at the request ; and (ii) by inserting before the period at the end the following: , or toward the non-Federal share of any other authorized water resources development study or project of such non-Federal interest . (e) Other matters Section 211 of such Act ( 33 U.S.C. 701b–13 ) is amended by adding at the end the following: (h) Operation and maintenance of navigation projects Whenever a non-Federal interest constructs improvements to a harbor or inland harbor, the Secretary shall be responsible for maintenance in accordance with section 101(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b) ) if— (1) the Secretary determines, before construction, that the improvements, or separable elements thereof, are economically justified and environmentally acceptable; (2) the Secretary certifies that the project is constructed in accordance with applicable permits and the appropriate engineering and design standards; (3) the Secretary does not find that the project, or separable element thereof, is no longer economically justified or environmentally acceptable; and (4) the project is specifically authorized by Congress. (i) Implementation All laws and regulations that would apply to the Secretary if the Secretary were carrying out a project shall apply to the non-Federal interest carrying out a project under this section. (j) Notification of committees The Secretary shall notify in writing the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate prior to initiation of negotiations with a non-Federal interest regarding the utilization of the authorities under this section. . (f) Repeals The following provisions are repealed: (1) Section 204 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2232 ). (2) Section 206 of the Water Resources Development Act of 1992 ( 33 U.S.C. 426i–1 ) and the item relating to that section in the table of contents contained in section 1(b) of that Act. (3) Section 404 of the Water Resources Development Act of 1990 ( 33 U.S.C. 2232 note; 104 Stat. 4646) and the item relating to that section in the table of contents contained in section 1(b) of that Act. (g) Saving provision Nothing in this section may be construed to affect any agreement entered into under section 204(f) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2232(f) ) before the date of enactment of this Act. 109. Contributions by non-Federal interests (a) In general Section 5 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved June 22, 1936 ( 33 U.S.C. 701h ), is amended— (1) by striking from States and political subdivisions thereof, and inserting from a non-Federal interest (as defined in section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b )) ; (2) by striking , which includes planning and design ; (3) by inserting , including a project for navigation on the inland waterways, after study or project ; (4) by striking by States and political subdivisions thereof, and inserting by a non-Federal interest ; (5) by striking : Provided further , That the term States means the several States, the District of Columbia, the commonwealths, territories, and possessions of the United States, and Federally recognized Indian tribes ; and (6) by inserting : And provided further , That the term work means the planning, design, or construction of an authorized water resources development study or project, or the repair, restoration, or replacement of an authorized water resources development project that has been damaged by an event or incident that results in a declaration by the President of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) after contributing interests . (b) Notification for contributed funds Prior to the initiation of negotiations for accepting contributed funds under section 5 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved June 22, 1936 ( 33 U.S.C. 701h ), the Secretary shall provide written notice to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Environment and Public Works and the Committee on Appropriations of the Senate. (c) Technical amendments The following provisions are repealed: (1) Section 111(b) of the Energy and Water Development and Related Agencies Appropriations Act, 2012 (125 Stat. 858). (2) Section 4 of the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved March 4, 1915 ( 33 U.S.C. 560 ). 110. Contributions by non-Federal interests for management of Corps of Engineers inland navigation facilities (a) In general Section 225 of the Water Resources Development Act of 1992 ( 33 U.S.C. 2328 ) is amended— (1) by striking the section designation and heading and inserting the following: 225. Contributions by non-Federal interests for management of Corps of Engineers facilities ; (2) in subsection (a) by striking managing recreation facilities and inserting operating, maintaining, and managing inland navigational facilities, recreational facilities, ; and (3) in subsection (b) by striking and management of recreation facilities and inserting , maintenance, and management of inland navigation facilities, recreational facilities, . (b) Clerical amendment The table of contents contained in section 1(b) of the Water Resources Development Act of 1992 is amended by striking the item relating to section 225 and inserting the following: 225. Contributions by non-Federal interests for management of Corps of Engineers facilities. . 111. Additional contributions by non-Federal interests Section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 ) is amended— (1) by striking In order to insure and inserting (a) In general.— In order to insure ; and (2) by adding at the end the following: (b) Contributions by non-Federal interests Notwithstanding subsection (a), in accordance with section 5 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved June 22, 1936 ( 33 U.S.C. 701h ), the Secretary may accept funds from a non-Federal interest for any authorized water resources development project that has exceeded its maximum cost under subsection (a), and use such funds to carry out such project, if the use of such funds does not increase the Federal share of the cost of such project. . 112. Contributions by non-Federal interests prior to authorization of final feasibility reports (a) In general Subject to subsection (b), a non-Federal interest may carry out a project for which— (1) a final feasibility report has been completed; and (2) authority for the Secretary to carry out such project has not specifically been authorized by Congress. (b) Conditions The non-Federal interest— (1) shall, before carrying out the project, obtain any permit, approval, or authorization required pursuant to Federal or State law; and (2) shall carry out the project in accordance with the plan, and subject to the conditions, described in the final feasibility report. (c) Credit, reimbursement, and future maintenance (1) Eligibility for Credit or Reimbursement Subject to paragraph (4), and in accordance with section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ), a non-Federal interest may be eligible for credit or reimbursement for the Federal share of any work carried out by the non-Federal interest under this section. (2) Eligibility for maintenance of navigation projects Subject to paragraph (4), and in accordance with section 211(h) of the Water Resources Development of Act of 1996 ( 33 U.S.C. 701b–13(h) , whenever a non-Federal interest constructs improvements to a harbor or inland harbor under this section, the Secretary shall be responsible for maintenance of such harbor. (3) Limitation Any activities carried out under this section are authorized only to the extent specifically provided for in subsequent appropriations Acts. (4) Implementation Paragraphs (1), (2), and (3) shall not apply unless— (A) all laws and regulations that would apply to the Secretary if the Secretary were carrying out the project were applied by the non-Federal interest during construction of the project; and (B) the project is subsequently specifically authorized by Congress. (5) In-kind contributions Absent a specific subsequent authorization by Congress, the non-Federal interest shall not be reimbursed or receive credit for in-kind contributions. 113. Clarification of impacts to other Federal facilities In any case where the modification or construction of a water resources development project carried out by the Secretary adversely impacts other Federal facilities, the Secretary may accept from other Federal agencies such funds as may be necessary to address the adverse impact, including by removing, relocating, or reconstructing such facilities. 114. Clarification of previously authorized work (a) In general The Secretary may carry out measures to improve fish species habitat within the boundaries and downstream of a water resources project constructed by the Secretary that includes a fish hatchery if the Secretary— (1) has been explicitly authorized to compensate for fish losses associated with the project; and (2) determines that the measures are— (A) feasible; (B) consistent with authorized project purposes and the fish hatchery; and (C) in the public interest. (b) Cost sharing (1) In general Subject to paragraph (2), the non-Federal interest shall contribute 35 percent of the total cost of carrying out activities under this section, including the costs relating to the provision or acquisition of required land, easements, rights-of-way, dredged material disposal areas, and relocations. (2) Operation and maintenance The non-Federal interest shall contribute 100 percent of the costs of operation, maintenance, replacement, repair, and rehabilitation of the measures carried out under this section. 115. Tribal partnership program (a) In general Section 203 of the Water Resources Development Act of 2000 ( 33 U.S.C. 2269 ) is amended— (1) in subsection (d)(1)(B)— (A) by striking The ability and inserting the following: (i) In general The ability ; and (B) by adding at the end the following: (ii) Determination Not later than 180 days after the date of enactment of the Water Resources Reform and Development Act of 2013, the Secretary shall issue guidance on the procedures described in clause (i). ; and (2) by striking subsection (e) and inserting the following: (e) Restrictions The Secretary is authorized to carry out activities under this section in fiscal years 2014 through 2023. . (b) Cooperative agreements with Indian tribes The Secretary may enter into a cooperative agreement with an Indian tribe (or a designated representative of an Indian tribe) to carry out authorized activities of the Corps of Engineers to protect fish, wildlife, water quality, and cultural resources. 116. Technical corrections (a) Limitation; statutory construction Section 221(a)(4)(E) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(E)) is amended by striking clause (ii) and inserting the following: (ii) Limitation In any case in which a specific provision of law provides for a non-Federal interest to receive credit toward the non-Federal share of the cost of a study for, or construction or operation and maintenance of, a water resources project, the Secretary shall apply— (I) the specific provision of law instead of this paragraph; or (II) at the request of the non-Federal interest, the specific provision of law and such provisions of this paragraph as the non-Federal interest may request. (iii) Statutory construction Nothing in this subparagraph may be construed to affect the applicability of subparagraph (C). . (b) Water resources project defined Section 221(b) of such Act (42 U.S.C. 1962d–5b(b)) is amended— (1) by moving paragraphs (1) and (2) and the matter following paragraph (2) 2 ems to the right; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (3) by striking (b) Definition and all that follows through The term and inserting the following: (b) Definitions (1) Non-Federal interest The term ; and (4) by adding at the end the following: (2) Water resources project The term water resources project includes projects studied, reviewed, designed, constructed, operated and maintained, or otherwise subject to Federal participation under the authority of the civil works program of the Secretary of the Army for the purposes of navigation, flood damage reduction, ecosystem restoration, hurricane and storm damage reduction, water supply, recreation, hydroelectric power, fish and wildlife conservation, water quality, environmental infrastructure, resource protection and development, and related purposes. . (c) Correction Section 221(c) of such Act (42 U.S.C. 1962d–5b(c)) is amended by striking enforcible and inserting enforceable . (d) Federal allocation Section 2008(a) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2340(a) ) is amended by adding at the end the following: This subsection shall apply without regard to whether the original partnership agreement was entered into before, on, or after the date of enactment of this subsection. . (e) In-Kind credit Section 221(a)(4)(C) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(C)) is amended by striking In any case and all that follows through the period at the end and inserting the following: (i) Construction (I) In general In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of construction carried out by the non-Federal interest before execution of a partnership agreement and that construction has not been carried out as of the date of enactment of this clause, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work and shall do so prior to the non-Federal interest initiating construction or issuing a written notice to proceed for the construction. (II) Eligibility Construction that is carried out after the execution of an agreement under subclause (I) and any design activities that are required for that construction, even if the design activity is carried out prior to the execution of the agreement, shall be eligible for credit. (ii) Planning (I) In general In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of planning carried out by the non-Federal interest before execution of a feasibility cost sharing agreement, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such planning and shall do so prior to the non-Federal interest initiating that planning. (II) Eligibility Planning that is carried out by the non-Federal interest after the execution of an agreement under subclause (I) shall be eligible for credit. . 117. Water infrastructure public-private partnership pilot program (a) In general The Secretary shall establish a pilot program to evaluate the cost effectiveness and project delivery efficiency of allowing non-Federal interests to carry out authorized water resources development projects for coastal harbor improvement, channel improvement, inland navigation, flood damage reduction, aquatic ecosystem restoration, and hurricane and storm damage reduction. (b) Purposes The purposes of the pilot program established under subsection (a) are— (1) to identify cost-saving project delivery alternatives that reduce the backlog of authorized Corps of Engineers projects; and (2) to evaluate the technical, financial, and organizational benefits of allowing a non-Federal interest to carry out and manage the design or construction (or both) of 1 or more of such projects. (c) Subsequent appropriations Any activity undertaken under this section is authorized only to the extent specifically provided for in subsequent appropriations Acts. (d) Administration In carrying out the pilot program established under subsection (a), the Secretary shall— (1) identify for inclusion in the program at least 15 projects that are authorized for construction for coastal harbor improvement, channel improvement, inland navigation, flood damage reduction, or hurricane and storm damage reduction; (2) notify in writing the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of each project identified under paragraph (1); (3) in consultation with the non-Federal interest associated with each project identified under paragraph (1), develop a detailed project management plan for the project that outlines the scope, financing, budget, design, and construction resource requirements necessary for the non-Federal interest to execute the project, or a separable element of the project; (4) at the request of the non-Federal interest associated with each project identified under paragraph (1), enter into a project partnership agreement with the non-Federal interest under which the non-Federal interest is provided full project management control for the financing, design, or construction (or any combination thereof) of the project, or a separable element of the project, in accordance with plans approved by the Secretary; (5) following execution of a project partnership agreement under paragraph (4) and completion of all work under the agreement, issue payment, in accordance with subsection (g), to the relevant non-Federal interest for that work; and (6) regularly monitor and audit each project carried out under the program to ensure that all activities related to the project are carried out in compliance with plans approved by the Secretary and that construction costs are reasonable. (e) Selection criteria In identifying projects under subsection (d)(1), the Secretary shall consider the extent to which the project— (1) is significant to the economy of the United States; (2) leverages Federal investment by encouraging non-Federal contributions to the project; (3) employs innovative project delivery and cost-saving methods; (4) received Federal funds in the past and experienced delays or missed scheduled deadlines; (5) has unobligated Corps of Engineers funding balances; and (6) has not received Federal funding for recapitalization and modernization since the project was authorized. (f) Detailed project schedule Not later than 180 days after entering into a project partnership agreement under subsection (d)(4), a non-Federal interest, to the maximum extent practicable, shall submit to the Secretary a detailed project schedule for the relevant project, based on estimated funding levels, that specifies deadlines for each milestone with respect to the project. (g) Payment Payment to the non-Federal interest for work completed pursuant to a project partnership agreement under subsection (d)(4) may be made from— (1) if applicable, the balance of the unobligated amounts appropriated for the project; (2) other amounts appropriated to the Corps of Engineers, except that the total amount transferred to the non-Federal interest may not exceed the estimate of the Federal share of the cost of construction, including any required design; and (3) revenue generated by the project. (h) Technical assistance At the request of a non-Federal interest participating in the pilot program established under subsection (a), the Secretary may provide to the non-Federal interest, if the non-Federal interest contracts with and compensates the Secretary, technical assistance with respect to— (1) a study, engineering activity, or design activity related to a project carried out by the non-Federal interest under the program; and (2) obtaining permits necessary for such a project. (i) Identification of impediments (1) In general The Secretary shall— (A) except as provided in paragraph (2), identify any procedural requirements under the authority of the Secretary that impede greater use of public-private partnerships and private investment in water resources development projects; (B) develop and implement, on a project-by-project basis, procedures and approaches that— (i) address such impediments; and (ii) protect the public interest and any public investment in water resources development projects that involve public-private partnerships or private investment in water resources development projects; and (C) not later than 1 year after the date of enactment of this section, issue rules to carry out the procedures and approaches developed under subparagraph (B). (2) Rule of construction Nothing in this section may be construed to allow the Secretary to waive any requirement under— (A) sections 3141 through 3148 and sections 3701 through 3708 of title 40, United States Code; (B) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); or (C) any other provision of Federal law. (j) Public benefit studies (1) In general Before entering into a project partnership agreement under subsection (d)(4), the Secretary shall conduct an assessment of whether, and provide justification in writing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate that, the proposed agreement provides better public and financial benefits than a similar transaction using public funding or financing. (2) Requirements An assessment under paragraph (1) shall— (A) be completed in a period of not more than 90 days; (B) take into consideration any supporting materials and data submitted by the relevant non-Federal interest and other stakeholders; and (C) determine whether the proposed project partnership agreement is in the public interest by determining whether the agreement will provide public and financial benefits, including expedited project delivery and savings for taxpayers. (k) Non-Federal funding A project carried out under the pilot program established under subsection (a) may consist of the non-Federal interest financing the non-Federal share of the project. (l) Applicability of Federal law Any provision of Federal law that would apply to the Secretary if the Secretary were carrying out a project shall apply to a non-Federal interest carrying out a project under this section. (m) Cost share Nothing in this section affects a cost-sharing requirement under Federal law that is applicable to a project carried out under the pilot program established under subsection (a). (n) Report Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the results of the pilot program established under subsection (a), including any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis. (o) Non-Federal interest defined In this section, the term non-Federal interest includes non-Federal government entities and private entities. 118. Annual report to Congress (a) In general Not later than February 1 of each year, the Secretary shall develop and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate an annual report, to be entitled Report to Congress on Future Water Resources Development , that identifies the following: (1) Feasibility reports Each feasibility report that meets the criteria established in subsection (c)(1)(A). (2) Proposed feasibility studies Any proposed feasibility study submitted to the Secretary by a non-Federal interest pursuant to subsection (b) that meets the criteria established in subsection (c)(1)(A). (3) Proposed modifications Any proposed modification to an authorized water resources development project or feasibility study that meets the criteria established in subsection (c)(1)(A) that— (A) is submitted to the Secretary by a non-Federal interest pursuant to subsection (b); or (B) is identified by the Secretary for authorization. (b) Requests for proposals (1) Publication Not later than May 1 of each year, the Secretary shall publish in the Federal Register a notice requesting proposals from non-Federal interests for proposed feasibility studies and proposed modifications to authorized water resources development projects and feasibility studies to be included in the annual report. (2) Deadline for requests The Secretary shall include in each notice required by this subsection a requirement that non-Federal interests submit to the Secretary any proposals described in paragraph (1) by not later than 120 days after the date of publication of the notice in the Federal Register in order for such proposals to be considered for inclusion in the annual report. (3) Notification On the date of publication of each notice required by this subsection, the Secretary shall— (A) make the notice publicly available, including on the Internet; and (B) provide written notification of such publication to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (c) Contents (1) Feasibility reports, proposed feasibility studies, and proposed modifications (A) Criteria for inclusion in report The Secretary shall include in the annual report only those feasibility reports, proposed feasibility studies, and proposed modifications to authorized water resources development projects and feasibility studies that— (i) are related to the missions and authorities of the Corps of Engineers; (ii) require specific authorization by Congress in law or otherwise; (iii) are not authorized by Congress; (iv) have not been included in any previous annual report; and (v) if authorized, could be carried out by the Corps of Engineers. (B) Description of benefits For each proposed feasibility study and proposed modification to an authorized water resources development project or feasibility study included in the annual report, the Secretary shall describe the potential benefit of the proposed feasibility study or modification, including, to the extent applicable, whether the water resources development project that is the subject of the proposed feasibility study, or the proposed modification, will— (i) reduce risks to human life or public safety or property; (ii) benefit the national economy; (iii) stimulate the creation of jobs; (iv) reduce the need for future disaster relief; (v) promote the development and delivery of domestic energy resources; (vi) improve the competitiveness of United States exports; (vii) improve water-related transportation for interstate or international commerce; (viii) restore or protect, or mitigate the impacts of a water resources development project on, the environment; or (ix) promote the use of cost-effective and sustainable solutions to water resources challenges. (2) Transparency The Secretary shall include in the annual report, for each feasibility report, proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility study included under paragraph (1)(A)— (A) the name of the associated non-Federal interest, including the name of any non-Federal interest that has contributed, or is expected to contribute, a non-Federal share of the cost of— (i) the feasibility report; (ii) the proposed feasibility study; (iii) the authorized feasibility study for which the modification is proposed; or (iv) construction of— (I) the water resources development project that is the subject of— (aa) the feasibility report; (bb) the proposed feasibility study; or (cc) the authorized feasibility study for which a modification is proposed; or (II) the proposed modification to an authorized water resources development project; (B) a letter or statement of support for the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study from each associated non-Federal interest; (C) the purpose of the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study; (D) an estimate of the Federal, non-Federal, and total costs of— (i) the proposed feasibility study, or proposed modification to an authorized feasibility study; and (ii) construction of— (I) the water resources development project that is the subject of— (aa) the feasibility report; or (bb) the authorized feasibility study for which a modification is proposed, with respect to the change in costs resulting from such modification; or (II) the proposed modification to an authorized water resources development project; and (E) an estimate, to the extent practicable, of the monetary and nonmonetary benefits of— (i) the water resources development project that is the subject of— (I) the feasibility report; (II) the proposed feasibility study; or (III) the authorized feasibility study for which a modification is proposed, with respect to the benefits of such modification; or (ii) the proposed modification to an authorized water resources development project. (3) Certification The Secretary shall include in the annual report a certification stating that each feasibility report, proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility study included in the annual report meets the criteria in paragraph (1)(A). (4) Appendix The Secretary shall include in the annual report an appendix listing the proposals submitted under subsection (b) that were not included in the annual report under paragraph (1)(A) and a description of why the Secretary determined that those proposals did not meet the criteria for inclusion under such paragraph. (d) Special rule for initial annual report Notwithstanding any other deadlines required by this section, the Secretary shall— (1) not later than 30 days after the date of enactment of this Act, publish in the Federal Register a notice required by subsection (b)(1); (2) include in such notice a requirement that non-Federal interests submit to the Secretary any proposals described in subsection (b)(1) by not later than 90 days after the date of publication of such notice in the Federal Register in order for such proposals to be considered for inclusion in the first annual report developed by the Secretary under this section; and (3) not later than 180 days after the date of enactment of this Act, submit an annual report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (e) Publication Upon submission of the annual report to Congress, the Secretary shall make the annual report publicly available, including through publication on the Internet. (f) Definitions In this section, the following definitions apply: (1) Annual report The term annual report means the report required by subsection (a). (2) Feasibility report The term feasibility report means a final feasibility report developed under section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ), and includes— (A) a report described in section 105(d)(2) of such Act ( 33 U.S.C. 2215(d)(2) ); and (B) where applicable, any associated report of the Chief of Engineers. (3) Feasibility study The term feasibility study has the meaning given that term in section 105 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2215 ). (4) Non-Federal interest The term non-Federal interest has the meaning given that term in section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ). 119. Actions to be taken in conjunction with the President’s annual budget submission to Congress (a) Recommendations for Corps of Engineers construction projects in President’s budget (1) In general For each fiscal year, as part of the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code, the President shall— (A) identify and recommend Corps of Engineers construction projects for which Congress should provide funding at the full level authorized for the project; and (B) provide an explanation of the process used by the President in making the recommendations. (2) Covered period The President shall make recommendations under paragraph (1) for the fiscal year for which the budget submission is prepared and each of the succeeding 4 fiscal years. (3) Basis for making recommendations The President shall base recommendations under paragraph (1) on the assumption that $2,000,000,000 will be appropriated for Corps of Engineers construction projects for each fiscal year. (b) Missouri River Basin To assist in the prioritization of Federal activities carried out related to the project for mitigation of fish and wildlife losses, Missouri River Bank Stabilization and Navigation Project, Missouri, Kansas, Iowa, and Nebraska, authorized by section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143), and in conjunction with the President’s submission to Congress of a budget under section 1105(a) of title 31, United States Code, the Secretary shall submit to Congress a report that provides— (1) an inventory of all Federal actions taken and a prioritization of all Federal actions planned in furtherance of the project, including an inventory of lands owned, acquired, or directly controlled by the Federal Government, and lands enrolled in federally assisted conservation programs; (2) a description of the specific Federal actions proposed for the upcoming fiscal year in furtherance of the project; (3) an assessment of the progress made in furtherance of the project, including a description of how each of the actions identified under paragraph (1) have impacted such progress; and (4) an assessment of additional actions necessary to achieve the results of the project. 120. Hurricane and storm damage reduction study As part of the study for flood and storm damage reduction related to natural disasters to be carried out by the Secretary under title II of division A of the Disaster Relief Appropriations Act, 2013, under the heading Department of the Army—Corps of Engineers—Civil—Investigations (127 Stat. 5), the Secretary shall make specific project recommendations. In making recommendations pursuant to this section, the Secretary shall consult with key stakeholders, including State, county, and city governments, and, where applicable, State and local water districts, and in the case of recommendations concerning projects that substantially affect communities served by historically Black colleges and universities, Tribal Colleges and Universities, and other minority-serving institutions, the Secretary shall also consult with such colleges, universities, and institutions. The Secretary shall include those recommendations in the report entitled Report to Congress on Future Water Resources Development , developed in accordance with this Act. 121. Non-Federal plans to provide additional flood risk reduction (a) In general If requested by a non-Federal interest, the Secretary shall carry out a locally preferred plan that provides a higher level of protection than a flood risk management project authorized under this Act if the Secretary determines that— (1) the plan is technically feasible and environmentally acceptable; and (2) the benefits of the plan exceed the costs of the plan. (b) Non-Federal costs If the Secretary carries out a locally preferred plan under subsection (a), the cost attributable to the higher level of protection provided under the plan shall be paid by the non-Federal interest. 122. Review of emergency response authorities (a) In general The Secretary shall undertake a review of implementation of section 5 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved August 18, 1941 ( 33 U.S.C. 701n ), to evaluate the alternatives available to the Secretary to ensure— (1) the safety of affected communities to future flooding and storm events; (2) the resiliency of water resources development projects to future flooding and storm events; (3) the long-term cost effectiveness of water resources development projects that provide flood control and hurricane and storm damage reduction benefits; and (4) the policy goals and objectives that have been outlined by the President as a response to recent extreme weather events, including Hurricane Sandy, that relate to preparing for future floods are met. (b) Scope of review In carrying out the review, the Secretary shall— (1) review the historical precedents and implementation of section 5 of such Act, including those actions undertaken by the Secretary, over time, under that section— (A) to repair or restore a project; and (B) to increase the level of protection for a damaged project to address future conditions; (2) evaluate the difference between adopting, as an appropriate standard under section 5 of such Act, the repair or restoration of a project to pre-flood or pre-storm levels and the repair or restoration of a project to a design level of protection, including an assessment for each standard of— (A) the implications on populations at risk of flooding or damage; (B) the implications on probability of loss of life; (C) the implications on property values at risk of flooding or damage; (D) the implications on probability of increased property damage and associated costs; (E) the implications on local and regional economies; and (F) the estimated total cost and estimated cost savings; (3) review and evaluate the historic and potential uses, and economic feasibility for the life of the project, of nonstructural alternatives, including natural features such as dunes, coastal wetlands, floodplains, marshes, and mangroves, to reduce the damage caused by floods, storm surges, winds, and other aspects of extreme weather events, and to increase the resiliency and long-term cost-effectiveness of water resources development projects; (4) incorporate the science on expected rates of sea-level rise and extreme weather events; and (5) incorporate the work completed by the Hurricane Sandy Rebuilding Task Force, established by Executive Order No. 13632 (December 7, 2012). (c) Report to Congress Not later than 1 year after the date of enactment of this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the review. 123. Emergency communication of risk (a) In general In any river basin where the Secretary carries out flood risk management activities subject to an annual operating plan, the Secretary shall establish procedures for providing the public and affected governments, including Indian tribes, in the river basin with— (1) timely information regarding expected water levels; (2) advice regarding appropriate preparedness actions; (3) technical assistance; and (4) any other information or assistance determined appropriate by the Secretary. (b) Public availability of information To the maximum extent practicable, the Secretary, in coordination with the Administrator of the Federal Emergency Management Agency, shall make the information required under subsection (a) available to the public through widely used and readily available means, including on the Internet. (c) Procedures The Secretary shall utilize the procedures only when precipitation or runoff exceeds those calculations considered as the lowest risk to life and property contemplated by the annual operating plan. (d) Definitions In this section, the following definitions apply: (1) Affected government The term affected government means a State, local, or tribal government with jurisdiction over an area that will be affected by a flood. (2) Annual operating plan The term annual operating plan means a plan prepared by the Secretary that describes potential water condition scenarios for a river basin for a year. 124. Improvements to the National Dam Safety Program Act (a) Administrator (1) In general The National Dam Safety Program Act ( 33 U.S.C. 467 et seq. ) is amended by striking Director each place it appears and inserting Administrator . (2) Conforming amendment Section 2(3) of such Act ( 33 U.S.C. 467(3) ) is amended in the paragraph heading by striking Director and inserting Administrator . (b) Inspection of dams Section 3(b)(1) of such Act ( 33 U.S.C. 467a(b)(1) ) is amended by striking or maintenance and inserting maintenance, condition, or provision for emergency operations . (c) National dam safety program (1) Objectives Section 8(c)(4) of such Act ( 33 U.S.C. 467f(c)(4) ) is amended to read as follows: (4) develop and implement a comprehensive dam safety hazard education and public awareness initiative to assist the public in mitigating against, preparing for, responding to, and recovering from dam incidents; . (2) Board Section 8(f)(4) of such Act ( 33 U.S.C. 467f(f)(4) ) is amended by inserting , representatives from nongovernmental organizations, after State agencies . 125. Restricted areas at Corps of Engineers dams Section 2 of the Freedom to Fish Act ( Public Law 113–13 ; 127 Stat. 449) is amended— (1) in subsection (b)(1) by striking until the date that is 2 years after the date of enactment of this Act ; (2) in the heading of subsection (c) by inserting or Modified after New ; and (3) in subsection (c)— (A) in matter preceding paragraph (1) by inserting new or modified after establishes any ; and (B) in paragraph (3) by striking until the date that is 2 years after the date of enactment of this Act and inserting until the Secretary has complied with the provisions of this subsection . 126. Levee safety Section 22 of the Water Resources Development Act of 1974 ( 42 U.S.C. 1962d–16 ) is amended by redesignating subsection (e) as subsection (f) and inserting after subsection (d) the following: (e) Levee safety (1) In general At the request of a State or political subdivision thereof, and in consultation with that State and appropriate non-Federal interests, the Secretary may provide technical assistance to a State to— (A) encourage effective State or local programs intended to ensure levee safety to protect human life and property; (B) assist the State or political subdivision in establishing and carrying out a levee safety program; or (C) improve an existing State or local levee safety program. (2) Purposes The purposes of technical assistance provided under this subsection shall be— (A) to ensure that human lives and property that are protected by new and existing levees are safe; (B) to encourage the use of appropriate engineering policies and procedures for levee site investigation, design, construction, operation and maintenance, and emergency preparedness; (C) to encourage effective levee safety programs in a State; (D) to develop and support public education and awareness projects to increase public acceptance and support of levee safety programs; (E) to build public awareness of the residual risks associated with living in levee protected areas; and (F) to develop technical assistance materials, seminars, and guidelines to improve the security of levees in the United States. (3) Federal guidelines (A) In general In carrying out this subsection, the Secretary, in consultation with States and non-Federal interests, shall establish Federal guidelines relating to levee safety. (B) Incorporation of Federal activities The guidelines established under subparagraph (A) shall encompass, to the maximum extent practicable, activities and practices carried out by appropriate Federal agencies. (C) Incorporation of State and local activities The guidelines established under subparagraph (A) shall encompass, to the maximum extent practicable— (i) the activities and practices carried out by States, local governments, and the private sector to safely build, regulate, operate, and maintain levees; and (ii) Federal activities that facilitate State efforts to develop and implement effective State programs for the safety of levees, including levee inspection, levee rehabilitation, locally developed flood plain management, and public education and training programs. (D) Review The Secretary shall allow States and non-Federal interests, including appropriate stakeholders, to review and comment on the guidelines established under subparagraph (A) before the guidelines are made final. (4) Assistance for State levee safety programs (A) Eligibility To be eligible for technical assistance under this subsection, a State shall— (i) be in the process of establishing or have in effect a State levee safety program under which a State levee safety agency, in accordance with State law, carries out the guidelines established under paragraph (3); and (ii) allocate sufficient funds in the budget of that State to carry out such State levee safety program. (B) Work plans The Secretary shall enter into an agreement with each State receiving technical assistance under this subsection to develop a work plan necessary for the State levee safety program of that State to reach a level of program performance that meets the guidelines established under paragraph (3). (C) Inspection programs The Secretary shall work with States receiving technical assistance under this subsection to develop State technical guidelines for levee inspection programs that— (i) address hazard classifications and technically based frameworks for levee assessment; and (ii) are incorporated into State levee safety programs. (D) Maintenance of effort Technical assistance may not be provided to a State under this subsection during a fiscal year unless the State enters into an agreement with the Secretary to ensure that the State will maintain during that fiscal year aggregate expenditures for programs to ensure levee safety that are at or above the average annual level of such expenditures for the State for the 2 fiscal years preceding that fiscal year. . 127. Vegetation on levees (a) Review The Secretary of the Army, in accordance with subsection (c), shall undertake a comprehensive review of the Corps of Engineers policy guidelines on vegetation management for levees (in this section referred to as the guidelines ). The Secretary shall commence the review upon the date of enactment of this Act. (b) Factors (1) In general In conducting the review, the Secretary shall examine the guidelines in view of— (A) the varied interests and responsibilities in managing flood risks, including the need to provide the greatest levee safety benefit with limited resources; (B) preserving, protecting, and enhancing natural resources, including the potential benefit that vegetation on levees can have in providing habitat for species of concern; (C) protecting the rights of Indian tribes pursuant to treaties and statutes; (D) determining how vegetation impacts the performance of a levee or levee system during a storm or flood event; and (E) such other factors as the Secretary considers appropriate. (2) Regional and watershed considerations In conducting the review, the Secretary shall specifically consider factors that promote and allow for consideration of potential variances from national guidelines on a regional or watershed basis. Such factors may include regional or watershed soil conditions, hydrologic factors, vegetation patterns and characteristics, environmental resources, levee performance history, institutional considerations, and other relevant factors. The scope of a variance approved by the Secretary may include an exemption to national guidelines where appropriate. (c) Cooperation and recommendations (1) In general The review shall be undertaken in cooperation with interested Federal agencies and in consultation with interested representatives of State and local governments, Indian tribes, appropriate nongovernmental organizations, and the public. (2) Recommendations Corps of Engineers Regional Integration Teams, representing districts, divisions, and headquarters, in consultation with State and Federal resources agencies, and with participation by local agencies, shall recommend to the Secretary vegetation management policies for levees that conform with State and Federal laws and other applicable requirements. (d) Revision of guidelines (1) In general During the 1-year period beginning on the date of enactment of this Act, the Secretary shall— (A) provide the public 30 days to review and comment on the guidelines; (B) revise the guidelines based on consideration of the results of the public review; and (C) submit to Congress a report that contains a summary of the activities of the Secretary and a description of the findings of the Secretary under this section. (2) Content; incorporation into manual The revised guidelines shall— (A) provide a practical process for approving regional or watershed variances from the national guidelines, reflecting due consideration of measures to maximize public safety benefits with limited resources, levee performance, regional climatic and hydrologic variations, environmental quality, implementation challenges, and allocation of responsibilities; and (B) be incorporated into the manual proposed under section 5(c) of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved August 18, 1941 ( 33 U.S.C. 701n(c) ). (e) Continuation of work Concurrent with completion of the requirements of this section, the Secretary shall proceed without interruption or delay with those ongoing or programmed projects and studies, or elements of projects or studies, that are not directly related to vegetation variance policy. (f) Interim rule Until the date on which revisions to the guidelines are adopted under this section, the Secretary shall not require the removal of existing vegetation as a condition or requirement for any approval or funding of a project, or any other action, unless the specific vegetation has been demonstrated to present an unacceptable safety risk. 128. Reduction of Federal costs Section 204(a) of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326(a) ) is amended by adding at the end the following: (4) Reducing costs To reduce or avoid Federal costs, the Secretary shall consider the beneficial use of dredged material in a manner that contributes to the maintenance of sediment resources in the nearby coastal system. . 129. Advanced modeling technologies (a) In general To the greatest extent practicable, the Secretary shall encourage and incorporate advanced modeling technologies, including 3-dimensional digital modeling, for activities related to water resources development projects and studies. (b) Activities In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall— (1) compile information related to advanced modeling technologies, including industry best practices with respect to the use of the technologies; (2) disseminate to non-Federal interests the information described in paragraph (1); and (3) promote the use of advanced modeling technologies. (c) Advanced modeling technology defined In this section, the term advanced modeling technology means an available or developing technology, including 3-dimensional digital modeling, that can expedite project delivery for or improve the evaluation of water resources development projects that receive Federal funding by— (1) accelerating and improving the environmental review process; (2) increasing effective public participation; (3) enhancing the detail and accuracy of project designs; (4) increasing safety; (5) accelerating construction and reducing construction costs; or (6) otherwise achieving such purposes. 130. Enhanced use of electronic commerce in Federal procurement (a) Report Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the Secretary’s actions to carry out section 2301 of title 41, United States Code, regarding the use of electronic commerce in Federal procurement. (b) Contents The report submitted under subsection (a) shall include, with respect to the 2 fiscal years most recently ended before the fiscal year in which the report is submitted— (1) an identification of the number, type, and dollar value of procurement solicitations with respect to which the public was permitted to respond to the solicitation electronically, which shall differentiate between solicitations that allowed full or partial electronic submission; (2) an analysis of the information provided under paragraph (1) and actions that could be taken by the Secretary to refine and improve the use of electronic submission for procurement solicitation responses; (3) an analysis of the potential benefits of and obstacles to implementing fuller use of electronic submission for procurement solicitation responses, including with respect to cost savings, error reduction, paperwork reduction, increased bidder participation, and competition, and expanded use of electronic bid data collection for cost-effective contract management and timely reporting; and (4) an analysis of the options and technologies available to facilitate expanded implementation of electronic submission for procurement solicitation responses and the suitability of each option and technology for contracts of various types and sizes. 131. Corrosion prevention (a) In general To the greatest extent practicable, the Secretary shall encourage and incorporate corrosion prevention activities at water resources development projects. (b) Activities In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall ensure that contractors performing work for water resources development projects— (1) use best practices to carry out corrosion prevention activities in the field; (2) use industry recognized standards and corrosion mitigation and prevention methods when— (A) determining protective coatings; (B) selecting materials; and (C) determining methods of cathodic protection, design, and engineering for corrosion prevention; (3) use certified coating application specialists and cathodic protection technicians and engineers; (4) use best practices in environmental protection to prevent environmental degradation, and to ensure careful handling of all hazardous materials; (5) demonstrate a history of employing industry-certified inspectors to ensure adherence to best practices and standards; and (6) demonstrate a history of compliance with applicable requirements of the Occupational Safety and Health Administration. (c) Corrosion prevention activities defined In this section, the term corrosion prevention activities means— (1) the application and inspection of protective coatings for complex work involving steel and cementitious structures, including structures that will be exposed in immersion; (2) the installation, testing, and inspection of cathodic protection systems; and (3) any other activities related to corrosion prevention the Secretary determines appropriate. 132. Resilient construction and use of innovative materials The Secretary, to the extent practicable, shall encourage the use of durable, resilient, and sustainable materials and practices, including the use of geosynthetic materials, advanced composites, and innovative technologies, in carrying out the activities of the Corps of Engineers. 133. Assessment of water supply in arid regions (a) In general The Secretary shall conduct an assessment of the management practices, priorities, and authorized purposes at Corps of Engineers reservoirs in arid regions to determine the effects of such practices, priorities, and purposes on water supply during periods of drought. (b) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the assessment. 134. River basin commissions Section 5019 of the Water Resources Development Act of 2007 (121 Stat. 1201) is amended by adding at the end the following: (f) Report After each fiscal year, if the Secretary did not allocate funds in accordance with subsection (b), the Secretary, in conjunction with the President’s next submission to Congress of a budget under section 1105(a) of title 31, United States Code, shall submit to Congress a report that describes— (1) the reasons why the Secretary did not allocate funds in accordance with subsection (b) during that fiscal year; and (2) the impact, on the jurisdiction of each Commission specified in subsection (b), of not allocating the funds, including with respect to— (A) water supply allocation; (B) water quality protection; (C) regulatory review and permitting; (D) water conservation; (E) watershed planning; (F) drought management; (G) flood loss reduction; (H) recreation; and (I) energy development. . 135. Sense of Congress regarding water resources development bills (a) Findings Congress finds the following: (1) Between 1986 and 2000, a water resources development bill was typically enacted every 2 years. (2) Since 2000, only 1 water resources development bill has been enacted. (b) Sense of Congress 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. 136. Donald G. Waldon Lock and Dam It is the sense of Congress that, at an appropriate time and in accordance with the rules of the House of Representatives and the Senate, to recognize the contributions of Donald G. Waldon, whose selfless determination 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 Waterway 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 . 137. Aquatic invasive species Section 104(a) of the River and Harbor Act of 1958 ( 33 U.S.C. 610(a) ) is amended by inserting and aquatic invasive species after noxious aquatic plant growths . 138. Recreational access (a) In general The Secretary may not prohibit the use of a floating cabin on waters under the jurisdiction of the Secretary if— (1) the floating cabin is in compliance regulations for recreational vessels issued under chapter 43 of title 46, United States Code, and section 312 of the Federal Water Pollution Control Act ( 33 U.S.C. 1322 ); and (2) the Secretary has authorized the use of recreational vessels on such waters. (b) Floating cabin defined In this section, the term floating cabin means a vessel, as defined in section 3 of title 1, United States Code, with overnight accommodations. 139. Territories of the United States Section 1156 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2310 ) is amended— (1) by striking The Secretary shall waive and inserting (a) In general .—The Secretary shall waive ; (2) in subsection (a), as so designated, by inserting Puerto Rico, before and the Trust Territory of the Pacific Islands ; and (3) by adding at the end the following: (b) Inflation adjustment The Secretary shall adjust the dollar amount specified in subsection (a) for inflation for the period beginning on November 17, 1986, and ending on the date of enactment of this subsection. . 140. Sense of Congress regarding interstate water agreements and compacts (a) Findings Congress finds the following: (1) States and local interests have primary responsibility for developing water supplies for domestic, municipal, industrial, and other purposes. (2) 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. (3) Interstate water disputes are most properly addressed through interstate water agreements or compacts that take into consideration the concerns of all affected States. (b) Sense of Congress It is the sense of Congress that— (1) Congress and the Secretary should urge States to reach agreement on interstate water agreements and compacts; (2) 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; (3) Congress should provide prompt consideration of interstate water agreements and compacts; and (4) 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. 141. Report on surface elevations at drought effected lakes (a) Assessment (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary, in coordination with the 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— (A) lake levels and rule curves in areas of previous, current, and prolonged drought; and (B) the effect the long-term FERC licenses have on the Secretary’s ability to manage lakes for hydropower generation, navigation, flood protection, water supply, fish and wildlife, and recreation. (2) Report The Secretary, in coordination with the FERC, shall submit to Congress a report on the assessment carried out under paragraph (1). 142. 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) Establishment of 10-Year plans for the utilization of future storage (1) In general Beginning 180 days after the date of enactment of this subsection and not later than January 1, 2016, the Secretary may accept from an interested State or local interest a submission of a plan for the utilization of future use water storage under this Act. (2) Contents A plan submitted under paragraph (1) shall include— (A) a 10-year timetable for conversion of future use storage to present use; and (B) a schedule of actions that the State or local interest agrees to carry out over a 10-year period, in cooperation with the Corps of Engineers, to seek new and alternative users of future water storage that is contracted to the State or local interest on the date of enactment of this subsection. . 143. Congressional consent for new project purposes Nothing in this Act authorizes the Secretary to carry out, at a Corps of Engineers dam or reservoir, any project for a purpose not otherwise authorized as of the date of enactment of this Act. 144. Multiagency effort to slow the spread of asian carp in the upper mississippi river and ohio river basins and tributaries (a) Multiagency effort To slow the spread of Asian Carp in the Upper Mississippi and Ohio River basins and tributaries (1) In general The Director of the United States Fish and Wildlife Service, in coordination with the Chief of Engineers, the Director of the National Park Service, and the Director of the United States Geological Survey, shall lead a multiagency effort to slow the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries by providing technical assistance, coordination, best practices, and support to State and local governments in carrying out activities designed to slow, and eventually eliminate, the threat posed by Asian carp. (2) Best practices To the maximum extent practicable, the multiagency effort shall apply lessons learned and best practices such as those described in the document prepared by the Asian Carp Working Group entitled Management and Control Plan for Bighead, Black, Grass, and Silver Carps in the United States and dated November 2007, and the document prepared by the Asian Carp Regional Coordinating Committee entitled FY 2012 Asian Carp Control Strategy Framework and dated February 2012. (b) Report to Congress (1) In general Not later than December 31 of each year, the Director of the United States Fish and Wildlife Service, in coordination with the Chief of Engineers, shall submit to the Committee on Appropriations, the Committee on Natural Resources, and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Appropriations and the Committee on Environment and Public Works of the Senate a report describing the coordinated strategies established and progress made toward the goals of controlling and eliminating Asian carp in the Upper Mississippi and Ohio River basins and tributaries. (2) Contents Each report submitted under paragraph (1) shall include— (A) 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; (B) a summary of Federal agency efforts, including cooperative efforts with non-Federal partners, to control the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries; (C) any research that the Director determines could improve the ability to control the spread of Asian carp; (D) any quantitative measures that the Director intends to use to document progress in controlling the spread of Asian carp; and (E) a cross-cut accounting of Federal and non-Federal expenditures to control the spread of Asian carp. 145. Aquatic invasive species prevention and control (a) Assessment The Comptroller General of the United States shall conduct an assessment of the Federal costs of, and spending on, aquatic invasive species. (b) Contents The assessment conducted under subsection (a) shall include— (1) identification of current Federal spending on, and projected future Federal costs of, operation and maintenance related to mitigating the impacts of aquatic invasive species on federally owned or operated facilities; (2) identification of current Federal spending on aquatic invasive species prevention; (3) analysis of whether spending identified in paragraph (2) is adequate for the maintenance and protection of services provided by federally owned or operated facilities, based on the current spending and projected future costs identified in paragraph (1); and (4) review of any other aspect of aquatic invasive species prevention or mitigation determined appropriate by the Comptroller General. (c) Findings Not later than one year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Environment and Public Works and the Committee on Energy and Natural Resources of the Senate and the Committee on Transportation and Infrastructure and the Committee on Natural Resources of the House of Representatives a report containing the findings of the assessment conducted under subsection (a). 146. National Ocean Policy implementation (a) Findings Congress finds that— (1) the July 19, 2010, Executive Order No. 13547 that established the National Policy for the Stewardship of the Ocean, Our Coasts, and the Great Lakes (in this section referred to as the National Ocean Policy ) among other things requires Federal implementation of ecosystem-based management to achieve a fundamental shift in how the United States manages ocean, coastal, and Great Lakes resources, and the establishment of 9 new governmental Regional Planning Bodies and Coastal and Marine Spatial Plans in every region of the United States; (2) Executive Order No. 13547 created a 54-member National Ocean Council led by the White House Council on Environmental Quality and Office of Science and Technology Policy that includes principal and deputy-level representatives from Federal entities, including the Department of Defense; (3) Executive Order No. 13547 requires National Ocean Council members, including the Department of Defense, to take action to implement the National Ocean Policy and participate in Coastal and Marine Spatial Planning to the fullest extent; (4) the Final Recommendations that were adopted by Executive Order No. 13547 state that effective implementation of the National Ocean Policy will require clear and easily understood requirements and regulations, where appropriate, that include enforcement as a critical component ; (5) despite repeated congressional requests, the National Ocean Council, which is charged with overseeing National Ocean Policy implementation, has still not provided a complete accounting of Federal activities taken and resources expended and allocated in furtherance of National Ocean Policy implementation; (6) the Corps of Engineers is participating on at least one Coastal and Marine Spatial Planning Regional Team ; and (7) the Nation’s continued economic and budgetary challenges underscore the necessity for sound, transparent, and practical Federal policies. (b) Prohibition None of the programs or actions authorized under this Act may be used to further implementation of the coastal and marine spatial planning and ecosystem-based management components of the National Ocean Policy developed under Executive Order No. 13547. (c) Study Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing all activities engaged in and resources expended in furtherance of Executive Order No. 13547 since it was issued on July 19, 2010, as well as any fiscal year 2014 budget requests in support of National Ocean Policy implementation. 147. Calculation of benefits and costs for flood damage reduction and hurricane and storm damage reduction projects (a) In general A feasibility study conducted by the Secretary for a project for flood damage reduction or hurricane and storm damage reduction shall include, as part of the calculation of benefits and costs— (1) a calculation of the anticipated reduction in flood or hurricane damage to public and private property and infrastructure resulting from the completion of the proposed project; (2) a calculation of the anticipated direct and indirect economic benefits resulting from the completion of the proposed project, including such benefits from any potential reductions in national and regional economic volatility, disruptions, and losses; and (3) a calculation of the anticipated benefits to public safety, including protection of evacuation routes, resulting from the completion of the proposed project. (b) Applicability This section shall apply to any feasibility study for a project for flood damage reduction or hurricane and storm damage reduction that has not been completed before the date of enactment of this Act. II Navigation Improvements A Ports 201. Expanded use of Harbor Maintenance Trust Fund (a) In general For any fiscal year in which target appropriations described in subsection (b) are met, the Secretary may use up to 5 percent of the total amount made available to the Secretary from the Harbor Maintenance Trust Fund for the eligible operations and maintenance costs described in section 210(a)(2) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238(a)(2) ) for that fiscal year for expanded uses of the Harbor Maintenance Trust Fund. (b) Target appropriations For purposes of this section, target appropriations are met for a fiscal year if the total amount made available to the Secretary from the Harbor Maintenance Trust Fund for that fiscal year equals or exceeds, as determined by the Secretary, the following: (1) For fiscal year 2014, 65 percent of the total amount of harbor maintenance taxes received in fiscal year 2013. (2) For fiscal year 2015, 67 percent of the total amount of harbor maintenance taxes received in fiscal year 2014. (3) For fiscal year 2016, 69 percent of the total amount of harbor maintenance taxes received in fiscal year 2015. (4) For fiscal year 2017, 71 percent of the total amount of harbor maintenance taxes received in fiscal year 2016. (5) For fiscal year 2018, 73 percent of the total amount of harbor maintenance taxes received in fiscal year 2017. (6) For fiscal year 2019, 75 percent of the total amount of harbor maintenance taxes received in fiscal year 2018. (7) For fiscal year 2020, and each fiscal year thereafter, 80 percent of total amount of harbor maintenance taxes received in the previous fiscal year. (c) Definitions In this section, the following definitions apply: (1) Eligible harbors and inland harbors defined The term eligible harbor or inland harbor means a harbor or inland harbor that, historically, as determined by the Secretary— (A) generates an amount of harbor maintenance taxes; that exceeds (B) the value of work carried out for the harbor or inland harbor using amounts from the Harbor Maintenance Trust Fund. (2) Expanded uses The term expanded uses means the following activities performed for an eligible harbor or inland harbor: (A) The maintenance dredging of a berth in a harbor that is accessible to a Federal navigation project and that benefits commercial navigation at the harbor. (B) The maintenance dredging and disposal of legacy-contaminated sediment, and sediment unsuitable for open water disposal, if— (i) such dredging and disposal benefits commercial navigation at the harbor; and (ii) such sediment— (I) is located in and affects the maintenance of a Federal navigation project; or (II) is located in a berth that is accessible to a Federal navigation project. (3) Total amount of harbor maintenance taxes received The term total amount of harbor maintenance taxes received means, with respect to a fiscal year, the aggregate of amounts appropriated, transferred, or credited to the Harbor Maintenance Trust Fund under section 9505(a) of the Internal Revenue Code of 1986 for that fiscal year as set forth in the current year estimate provided in the President’s budget request for the subsequent fiscal year, submitted pursuant to section 1105 of title 31, United States Code. (d) Conforming amendment Section 9505(c)(1) of the Internal Revenue Code of 1986 is amended by striking (as in effect on the date of the enactment of the Water Resources Development Act of 1996) . (e) Sense of Congress It is the sense of Congress that any increase in harbor maintenance programs described in this section shall result from an overall increase in appropriations for the civil works program of the Corps of Engineers and not from similar reductions in the appropriations for other programs, projects, and activities carried out by the Corps of Engineers for other authorized purposes. 202. Assessment and prioritization of operation and maintenance (a) Assessment Section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 ) is amended by adding at the end the following: (c) Assessment of operation and maintenance needs (1) In general Not later than 90 days after the date of enactment of this subsection, and biennially thereafter, the Secretary shall assess the operation and maintenance needs of the harbors referred to in subsection (a)(2). (2) Types of harbors In carrying out paragraph (1), the Secretary shall assess the operation and maintenance needs of the harbors used for— (A) commercial navigation; (B) commercial fishing; (C) subsistence, including utilization by Indian tribes (as such term is defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )) for subsistence and ceremonial purposes; (D) use as a harbor of refuge; (E) transportation of persons; (F) purposes relating to domestic energy production, including the fabrication, servicing, or supply of domestic offshore energy production facilities; (G) activities of the Secretary of the department in which the Coast Guard is operating; (H) activities of the Secretary of the Navy; (I) public health and safety related equipment for responding to coastal and inland emergencies; (J) recreation purposes; and (K) any other authorized purpose. (3) Report to Congress For fiscal year 2015, and biennially thereafter, in conjunction with the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that, with respect to harbors referred to in subsection (a)(2)— (A) identifies the operation and maintenance costs associated with the harbors, including those costs required to achieve and maintain the authorized length, width, and depth for the harbors and the costs for expanded uses (as such term is defined in section 201(c)(2) of the Water Resources Reform and Development Act of 2013), on a project-by-project basis; (B) identifies the amount of funding requested in the President’s budget for the operation and maintenance costs associated with the harbors, on a project-by-project basis; (C) identifies the unmet operation and maintenance needs associated with the harbors, on a project-by-project basis; and (D) identifies the harbors for which the President will allocate funding over the next 5 fiscal years for operation and maintenance activities, on a project-by-project basis, including the amounts to be allocated for such purposes. . (b) Operation and maintenance of emerging harbor projects Section 210 of such Act ( 33 U.S.C. 2238 ) is further amended by adding at the end the following: (d) Operation and maintenance of emerging harbor projects (1) In general To the maximum extent practicable, the Secretary shall make expenditures to pay for operation and maintenance costs of the harbors referred to in subsection (a)(2), including expenditures of funds appropriated from the Harbor Maintenance Trust Fund, based on an equitable allocation of funds among all such harbors, regardless of the size or tonnage throughput of the harbor. (2) Criteria In determining the equitable allocation of funds under paragraph (1), the Secretary shall— (A) utilize the information obtained in the assessment conducted under subsection (c); (B) consider the national and regional significance of harbor operation and maintenance; (C) where appropriate, consider national security and military readiness needs in consultation with the Secretary of the Navy; and (D) not make such allocation based solely on the tonnage transiting through a harbor. (3) Emerging harbors (A) In general Notwithstanding paragraph (1), in making expenditures described in paragraph (1) for each of fiscal years 2015 and 2016, the Secretary shall allocate not less than 10 percent of the total amount of the expenditures to pay for operation and maintenance costs of emerging harbors. (B) Emerging harbor defined In this paragraph, the term emerging harbor means a harbor referred to in subsection (a)(2) that transits less than 1,000,000 tons of commerce annually. (4) Emergency expenditures Nothing in this subsection may be construed to prohibit the Secretary from making an expenditure to pay for the operation and maintenance costs of a specific harbor, including the transfer of funding from the operation and maintenance of a separate project, if— (A) the Secretary determines that the action is necessary to address the navigation needs of a harbor where safe navigation has been severely restricted due to an unforeseen event; and (B) the Secretary provides advance notice and information on the need for the action to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Environment and Public Works and the Committee on Appropriations of the Senate. (5) Management of Great Lakes Navigation System To sustain effective and efficient operation and maintenance of the Great Lakes Navigation System, including any navigation feature in the Great Lakes that is a Federal responsibility with respect to operation and maintenance, the Secretary shall manage and allocate funding for all of the individually authorized projects in the Great Lakes Navigation System as components of a single, comprehensive system, recognizing the interdependence of the projects. . 203. Preserving United States harbors (a) In general The Secretary may enter into an agreement with a non-Federal interest, at the request of the non-Federal interest, under which the Secretary agrees to maintain a navigation project for a harbor or inland harbor (in this section referred to as a ‘‘federally authorized harbor’’) in accordance with section 101(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b) ). (b) Report by non-Federal interest (1) In general To be eligible to enter into an agreement under subsection (a) with respect to a federally authorized harbor, a non-Federal interest shall submit to the Secretary a report justifying economic investment in maintenance of the harbor. (2) Justification of investment A report submitted under paragraph (1) may justify economic investment in the maintenance of a federally authorized harbor based on— (A) projected economic benefits, including transportation savings and job creation; and (B) other factors, including navigation safety, national security, and sustainability of subsistence harbors. (3) Termination of certain agreements An agreement entered into under subsection (a) with respect to a federally authorized harbor shall contain terms to allow the Secretary to terminate the agreement if the Secretary determines that Federal economic investment in maintaining the harbor is no longer justified. (c) Limitation on statutory construction Nothing in this section may be construed to preclude the operation and maintenance of a federally authorized harbor under section 101(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b) ). 204. Consolidation of deep draft navigation expertise Section 2033(e) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2282a(e) ) is amended by adding at the end the following: (3) Deep draft navigation planning center of expertise (A) In general The Secretary shall consolidate deep draft navigation expertise within the Corps of Engineers into a deep draft navigation planning center of expertise. (B) List Not later than 60 days after the date of the consolidation required under subparagraph (A), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a list of personnel, including the grade levels and expertise of the personnel, assigned to the center described in subparagraph (A). . 205. Disposal sites (a) In general The Secretary, in accordance with subsections (b) and (c) and with the concurrence of the Administrator of the Environmental Protection Agency, is authorized to reopen the Cape Arundel Disposal Site (in this section referred to as the Site ) as an alternative dredged material disposal site under section 103(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 ( 33 U.S.C. 1413(b) ). (b) Deadline The Site may remain open under subsection (a) until the earlier of— (1) the date on which the Site does not have any remaining disposal capacity; (2) the date on which an environmental impact statement designating an alternative dredged material disposal site for southern Maine has been completed; or (3) the date that is 5 years after the date of enactment of this Act. (c) Limitations The use of the Site as a dredged material disposal site under subsection (a) shall be subject to the conditions that— (1) conditions at the Site remain suitable for the continued use of the Site as a dredged material disposal site; and (2) the Site not be used for the disposal of more than 80,000 cubic yards from any single dredging project. 206. Harbor Maintenance Trust Fund study (a) Definitions In this section: (1) Low-use port The term low-use port means a port at which not more than 1,000,000 tons of cargo are transported each calendar year. (2) Moderate-use port The term moderate-use port means a port at which more than 1,000,000, but fewer than 10,000,000, tons of cargo are transported each calendar year. (b) Study Not later than 270 days after the date of enactment of this Act, the Comptroller General of the United States shall carry out a study and submit to Congress a report that— (1) evaluates the effectiveness of activities funded by the Harbor Maintenance Trust Fund in maximizing economic growth and job creation in the communities surrounding low- and moderate-use ports; and (2) includes recommendations relating to the use of amounts in the Harbor Maintenance Trust Fund to increase the competitiveness of United States ports relative to Canadian and Mexican ports. B Inland Waterways 211. Definitions In this subtitle, the following definitions apply: (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 waterways that is— (A) authorized before, on, or after the date of enactment of this Act; (B) not completed on the date of enactment of this Act; and (C) funded at least in part from the Inland Waterways Trust Fund. 212. 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 management training and certification; and (B) the project manager be assigned from among personnel 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 implemented— (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 feasibility 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 qualifying projects to improve the likelihood of on-time and on-budget completion of qualifying projects; (2) evaluate early contractor involvement acquisition procedures 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 Secretary of an applicable military construction program; (B) the development and use of a portfolio of standard designs for inland navigation locks; (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 procedures 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 User 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 recommendations 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 recommendations to the Secretary regarding construction and rehabilitation priorities and spending levels; (B) advice and recommendations to Congress regarding any completed feasibility report in accordance with section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ) relating to those features and components; (C) advice and recommendations to Congress regarding an increase in the authorized cost of those features and components; (D) not later than 60 days after the date of the submission 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 informal 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. (4) Independent judgment Any advice or recommendation made by the Users Board to the Secretary shall reflect the independent judgment of the Users Board. ; (2) by striking subsection (c) and inserting the following: (c) Duties of Secretary The Secretary shall— (1) communicate not less than once each quarter to the Users Board the status of the study, design, or construction of all commercial navigation features or components of the inland waterways or inland harbors of the United States; and (2) submit to the Users Board a courtesy copy of all completed feasibility reports relating to a commercial navigation feature or component of the inland waterways or inland harbors of the United States. (d) Capital investment program (1) In general Not later than 1 year after the date of enactment of this subsection, the Secretary, in coordination with the Users Board, shall develop and submit to Congress a report describing a 20-year program for making capital investments on the inland and intracoastal waterways based on the application of objective, national project selection prioritization criteria. (2) Consideration In developing the program under paragraph (1), the Secretary shall take into consideration the 20-year capital investment strategy contained in the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Users Board. (3) Criteria In developing the plan and prioritization criteria under paragraph (1), the Secretary shall ensure, to the maximum extent practicable, that investments made under the 20-year program described in paragraph (1)— (A) are made in all geographical areas of the inland waterways system; and (B) ensure efficient funding of inland waterways projects. (4) Strategic review and update Not later than 5 years after the date of enactment of this subsection, and not less frequently than once every 5 years thereafter, the Secretary, in coordination with the Users Board, shall— (A) submit to Congress a strategic review of the 20-year program in effect under this subsection, which shall identify and explain any changes to the project-specific recommendations contained in the previous 20-year program (including any changes to the prioritization criteria used to develop the updated recommendations); and (B) make revisions to the program, as appropriate. (e) Project management plans The chairperson of the Users Board and the project development team member appointed by the chairperson under subsection (b)(3) may sign the project management plan for the 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. (f) Administration The Users Board shall be subject to the Federal Advisory Committee Act, other than section 14, and, with the consent of the appropriate agency head, the Users Board may use the facilities and services of any Federal agency. For the purposes of complying with such Act, the members of the Users Board shall not be considered special Government employees (as defined in section 202 of title 18, United States Code). Non-Federal members of the Users Board while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. . 213. Efficiency of revenue collection Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall prepare a report on the efficiency of collecting the fuel tax for the Inland Waterways Trust Fund, which shall include— (1) an evaluation of whether current methods of collection of the fuel tax result in full compliance with requirements of the law; (2) whether alternative methods of collection would result in increased revenues into the Inland Waterways Trust Fund; and (3) an evaluation of alternative collection options. 214. Inland waterways revenue studies (a) Inland waterways construction bonds study (1) Study The Secretary, in coordination with the Secretary of the Treasury, shall conduct a study on the feasibility of authorizing the issuance of federally tax-exempt bonds secured against the available proceeds, including projected annual receipts, in the Inland Waterways Trust Fund established by section 9506(a) of the Internal Revenue Code of 1986. (2) Contents In carrying out the study, the Secretary and the Secretary of the Treasury shall examine the implications of issuing such bonds, including the potential revenues that could be generated and the projected net cost to the Treasury, including loss of potential revenue. (3) Consultation In carrying out the study, the Secretary and the Secretary of the Treasury, at a minimum, shall consult with— (A) representatives of the Inland Waterway Users Board established by section 302 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2251 ); (B) representatives of the commodities and bulk cargos that are currently shipped for commercial purposes on the segments of the inland and intracoastal waterways listed in section 206 of the Inland Waterways Revenue Act of 1978 ( 33 U.S.C. 1804 ); (C) representatives of other users of locks and dams on the inland and intracoastal waterways, including persons owning, operating, using, or otherwise benefitting from— (i) hydropower generation facilities; (ii) electric utilities that rely on the waterways for cooling of existing electricity generation facilities; (iii) municipal and industrial water supply; (iv) recreation; (v) irrigation water supply; or (vi) flood damage reduction; (D) other stakeholders associated with the inland and intracoastal waterways, as identified by the Secretary or the Secretary of the Treasury; and (E) the heads of other appropriate Federal agencies, including the Secretary of Transportation, the Secretary of the Interior, and the Administrator of the Environmental Protection Agency. (4) Report to Congress Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of the Treasury shall submit a joint report on the results of the study to— (A) the Committee on Transportation and Infrastructure, the Committee on Ways and Means, and the Committee on the Budget of the House of Representatives; and (B) the Committee on Environment and Public Works, the Committee on Finance, and the Committee on the Budget of the Senate. (b) Potential fees for beneficiaries and users of inland and intracoastal waterways infrastructure (1) In general The Secretary shall conduct a study and submit to Congress a report on potential user fees and revenues from other sources that could be collected to generate additional revenues for the Inland Waterways Trust Fund established by section 9506(a) of the Internal Revenue Code of 1986. (2) Scope of study (A) In general In carrying out the study, the Secretary shall evaluate an array of potential user fees and other revenues options that, when combined with funds generated by section 4042 of the Internal Revenue Code of 1986, are sufficient to support one-half of annual construction expenditure levels of $380,000,000 for the authorized purposes of the Inland Waterways Trust Fund. (B) Potential Revenue Options for Study In carrying out the study, the Secretary, at a minimum, shall evaluate potential user fees and other revenue options identified in— (i) the report of the Congressional Budget Office entitled Paying for Highways, Airways, and Waterways: How Can Users Be Charged? , dated May 1, 1992; (ii) the draft bill submitted by the Assistant Secretary of the Army (Civil Works) to Congress entitled the Lock User Fee Act of 2008 , dated April 4, 2008; (iii) the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report, published on April 12, 2010, as approved by the Inland Waterways Users Board established by section 302 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2251 ); and (iv) the draft bill submitted by the President to Congress entitled the Inland Waterways Capital Investment Act of 2011 , dated September 2011. (3) Conduct of study In carrying out the study, the Secretary shall— (A) take into consideration whether the potential user fees and revenues from other sources— (i) are equitably associated with the construction, operation, and maintenance of inland and intracoastal waterway infrastructure, including locks, dams, and navigation channels; and (ii) can be efficiently collected; (B) consult with, at a minimum— (i) representatives of the Inland Waterways Users Board; and (ii) representatives of other nonnavigation beneficiaries of inland and intracoastal waterway infrastructure, including persons benefitting from— (I) municipal water supply; (II) hydropower; (III) recreation; (IV) industrial water supply; (V) flood damage reduction; (VI) agricultural water supply; (VII) environmental restoration; (VIII) local and regional economic development; or (IX) local real estate interests; and (iii) representatives of other interests, as identified by the Secretary; and (C) provide the opportunity for public hearings in each of the geographic regions that contain segments of the inland and intracoastal waterways listed in section 206 of the Inland Waterways Revenue Act of 1978 ( 33 U.S.C. 1804 ). (4) Report to Congress Not later than 1 year after the date of enactment of this Act, the Secretary shall submit a report on the results of the study to— (A) the Committee on Transportation and Infrastructure, the Committee on Ways and Means, and the Committee on the Budget of the House of Representatives; and (B) the Committee on Environment and Public Works, the Committee on Finance, and the Committee on the Budget of the Senate. 215. Inland waterways stakeholder roundtable (a) In general The Secretary shall conduct an inland waterways stakeholder roundtable to provide for a review and evaluation of alternative approaches— (1) to address the financial needs of the Inland Waterways Trust Fund; and (2) to support the water infrastructure needs of the Inland Waterways System. (b) Selection of participants (1) In general Not later than 45 days after the date on which the Secretary submits to Congress the report required by section 214(b), the Secretary shall select individuals to be invited to participate in the stakeholder roundtable. (2) Composition The individuals selected under paragraph (1) shall include— (A) representatives of affected shippers and suppliers; (B) representatives of State and Federal water managers; and (C) other interested persons with direct knowledge of the Inland Waterways System. (c) Framework and agenda The Secretary shall work with a group of the individuals selected under subsection (b) to develop the framework and agenda for the stakeholder roundtable. (d) Conduct of stakeholder roundtable (1) In general Not later than 120 days after the date on which the Secretary submits to Congress the report required by section 214(b), the Secretary shall conduct the stakeholder roundtable. (2) Issues to be discussed The stakeholder roundtable shall provide for the review and evaluation described in subsection (a) and shall include the following: (A) An evaluation of alternatives that have been developed to address funding options for the Inland Waterways System. (B) An evaluation of the funding status of the Inland Waterways Trust Fund. (C) Prioritization of the ongoing and projected water infrastructure needs of the Inland Waterways System. (D) Identification of a process forward for meeting such needs, with timeline for addressing the funding challenges for the inland waterways trust system. (e) Report to Congress Not later than 180 days after the date on which the Secretary submits to Congress the report required by section 214(b), the Secretary shall submit to Congress a report that contains— (1) a summary the stakeholder roundtable, including areas of concurrence on funding approaches and areas or disagreement in meeting funding needs; and (2) recommendations developed by the Secretary for logical next steps to address the issues discussed at the stakeholder roundtable. 216. Preserving the Inland Waterway Trust Fund (a) Olmsted project reform (1) In general Notwithstanding section 3(a)(6) of the Water Resources Development Act of 1988 (102 Stat. 4013), for each fiscal year beginning after the date of enactment of this Act, 25 percent of the cost of construction for the Olmsted Project shall be paid from amounts appropriated from the Inland Waterways Trust Fund. (2) Definition In this subsection the term Olmsted Project means the project for navigation, Lower Ohio River, Locks 52 and 53, Illinois and Kentucky, authorized by section 3(a)(6) of the Water Resources Development Act of 1988 (102 Stat. 4013). (3) Sense of Congress It is the sense of Congress that the appropriation for the Olmsted project should be not less than $150,000,000 for each fiscal year until construction of the project is completed. (4) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate regarding the lessons learned from the experience of planning and constructing the Olmsted Project and how such lessons might apply to future inland waterway studies and projects. (b) Annual report on progress and costs For any inland waterways project that the Secretary carries out that has an estimated total cost of $500,000,000 or more, the Secretary shall submit to the congressional committees referred to in subsection (a)(4) an annual financial plan for the project. The plan shall be based on detailed annual estimates of the cost to complete the remaining elements of the project and on reasonable assumptions, as determined by the Secretary, of any future increases of the cost to complete the project. 217. Public comment on lock operations At least 90 days before carrying out a proposed modification to the operation of a lock at a project for navigation on the inland waterways, the Secretary shall— (1) provide notice of the proposed modification in the Federal Register; and (2) accept public comments on the proposed modification. 218. Assessment of operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway (a) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall assess the operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway. (b) Types of activities In carrying out subsection (a), the Secretary shall assess the operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway as used for the following purposes: (1) Commercial navigation. (2) Commercial fishing. (3) Subsistence, including utilization by Indian tribes (as such term is defined by section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )) for subsistence and ceremonial purposes. (4) Use as ingress and egress to harbors of refuge. (5) Transportation of persons. (6) Purposes relating to domestic energy production, including fabrication, servicing, and supply of domestic offshore energy production facilities. (7) Activities of the Secretary of the department in which the Coast Guard is operating. (8) Public health and safety related equipment for responding to coastal and inland emergencies. (9) Recreation purposes. (10) Any other authorized purpose. (c) Report to Congress For fiscal year 2015, and biennially thereafter, in conjunction with the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that, with respect to the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway— (1) identifies the operation and maintenance costs required to achieve the authorized length, width, and depth; (2) identifies the amount of funding requested in the President’s budget for operation and maintenance costs; and (3) identifies the unmet operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway. 219. Upper Mississippi River protection (a) Economic impact study Not later than 180 days after the date of enactment of this Act, the Secretary shall conduct a study and submit to Congress a report on the impact of closing the Upper St. Anthony Falls Lock and Dam on the economy and the environment, including an assessment of the annual average tonnage moving through the Upper St. Anthony Falls Lock and Dam during the preceding 5 years. (b) Mandatory Closure Not later than 1 year after the date of enactment of this Act, the Secretary shall close the Upper St. Anthony Falls Lock and Dam if the Secretary determines pursuant to the study conducted under subsection (a), or based on other appropriate information made available to the Secretary, that the annual average tonnage moving through the Upper St. Anthony Falls Lock and Dam during the preceding 5 years was not more than 1,500,000 tons. (c) Emergency operations Nothing in this section may be construed to prevent the Secretary from carrying out emergency lock operations necessary to mitigate flood damage. (d) Upper St. Anthony Falls Lock and Dam defined In this section, the term Upper St. Anthony Falls Lock and Dam means the lock and dam located on Mississippi River Mile 853.9 in Minneapolis, Minnesota. 220. Corps of Engineers lock and dam energy development Section 1117 of the Water Resources Development Act of 1986 (100 Stat. 4236) is amended to read as follows: 1117. W.D. Mayo Lock and Dam (a) In General The Cherokee Nation of Oklahoma may— (1) design and construct one or more hydroelectric generating facilities at the W.D. Mayo Lock and Dam on the Arkansas River, Oklahoma; and (2) market the electricity generated from any such facility. (b) Preconstruction Requirements (1) Permits Before the date on which construction of a hydroelectric generating facility begins under subsection (a), the Cherokee Nation shall obtain any permit required under Federal or State law, except that the Cherokee Nation shall be exempt from licensing requirements that may otherwise apply to construction, operation, or maintenance of the facility under the Federal Power Act ( 16 U.S.C. 791a et seq. ). (2) Review of plans and specifications The Cherokee Nation may initiate the design or construction of a hydroelectric generating facility under subsection (a) only after the Secretary reviews and approves the plans and specifications for the design and construction. (c) Payment of design and construction costs (1) In general The Secretary may accept funds offered by the Cherokee Nation and use such funds to carry out the design and construction of a hydroelectric generating facility under subsection (a). (2) Allocation of costs The Cherokee Nation shall— (A) bear all costs associated with the design and construction of a hydroelectric generating facility under subsection (a); and (B) provide any funds necessary for the design and construction to the Secretary prior to the Secretary initiating any activities related to the design and construction. (d) Assumption of liability The Cherokee Nation shall— (1) hold all title to a hydroelectric generating facility constructed under subsection (a) and may, subject to the approval of the Secretary, assign such title to a third party; (2) be solely responsible for— (A) the operation, maintenance, repair, replacement, and rehabilitation of the facility; and (B) the marketing of the electricity generated by the facility; and (3) release and indemnify the United States from any claims, causes of action, or liabilities that may arise out of any activity undertaken to carry out this section. (e) Assistance available The Secretary may provide technical and construction management assistance requested by the Cherokee Nation relating to the design and construction of a hydroelectric generating facility under subsection (a). (f) Third party agreements The Cherokee Nation may enter into agreements with the Secretary or a third party that the Cherokee Nation or the Secretary determines are necessary to carry out this section. . III Deauthorizations and Backlog Prevention 301. Deauthorization of inactive projects (a) Purposes The purposes of this section are— (1) to identify $12,000,000,000 in water resources development projects authorized by Congress that are no longer viable for construction due to— (A) a lack of local support; (B) a lack of available Federal or non-Federal resources; or (C) an authorizing purpose that is no longer relevant or feasible; (2) to create an expedited and definitive process to deauthorize water resources development projects that are no longer viable for construction; and (3) to allow the continued authorization of water resources development projects that are viable for construction. (b) Deauthorization of projects authorized before WRDA 2007 (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and shall publish in the Federal Register, a report that lists each authorized water resources development project, or separable element of a project, authorized for construction before November 8, 2007— (A) for which— (i) construction was not initiated before the date of enactment of this Act; or (ii) construction was initiated before the date of enactment of this Act, but for which no funds, Federal or non-Federal, were obligated for construction of the project or separable element during the 5-year period ending on July 1, 2013; and (B) that is identified in accordance with paragraph (3). (2) Special rule for ongoing construction A project or separable element shall not be listed pursuant to paragraph (1)(A)(ii) if the project or separable element is being constructed as of the date of enactment of this Act. (3) Identification of projects (A) In general The Secretary shall identify in the report submitted under paragraph (1) projects and separable elements that— (i) meet the requirements described in subparagraph (A) of that paragraph; and (ii) in the aggregate have an estimated Federal cost to complete (as of the date of the report) that is at least $12,000,000,000. (B) Sequencing of projects In identifying projects and separable elements under subparagraph (A), the Secretary shall identify projects and separable elements according to the order in which the projects and separable elements were authorized, beginning with the earliest authorized projects and separable elements and ending upon the aggregate estimated Federal cost to complete for the projects and separable elements identified satisfying the requirement under subparagraph (A)(ii). (4) Congressional review period; deauthorization After the expiration of the 180-day period beginning on the date of the submission of the report under this subsection, any project or separable element identified in that report is hereby deauthorized, unless during such period the non-Federal interest for the project or separable element provides, under Federal law, all funds necessary to complete the project or separable element. (c) Treatment of project modifications For purposes of this section, if an authorized water resources development project or separable element has been modified in an Act of Congress, the date of the authorization of the project or separable element shall be deemed to be the date of the most recent such modification. 302. Review of Corps of Engineers assets (a) Assessment and Inventory Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct an assessment of all properties under the control of the Corps of Engineers and develop an inventory of the properties that are not needed for the missions of the Corps of Engineers. (b) Criteria In conducting the assessment and developing the inventory under subsection (a), the Secretary shall use the following criteria: (1) The extent to which the property aligns with the current missions of the Corps of Engineers. (2) The economic impact of the property on existing communities in the vicinity of the property. (3) The extent to which the utilization rate for the property is being maximized and is consistent with nongovernmental industry standards for the given function or operation. (4) The extent to which the reduction or elimination of the property could reduce operation and maintenance costs of the Corps of Engineers. (5) The extent to which the reduction or elimination of the property could reduce energy consumption by the Corps of Engineers. (c) Notification As soon as practicable following completion of the inventory of properties under subsection (a), the Secretary shall provide the inventory to the Administrator of General Services. (d) Report to Congress Not later than 30 days after the date of the notification under subsection (c), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing the findings of the Secretary with respect to the assessment and inventory required under subsection (a). 303. Backlog prevention (a) Project deauthorization (1) In general A water resources development project, or separable element of such a project, authorized for construction by this Act shall not be authorized after the last day of the 7-year period beginning on the date of enactment of this Act unless during that period funds have been obligated for construction of such project. (2) Identification of projects Not later than 60 days after the expiration of the 7-year period referred to in paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that identifies the projects deauthorized under paragraph (1). (b) Report to Congress Not later than 60 days after the expiration of the 12-year period beginning on the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that contains— (1) a list of any water resources development projects authorized by this Act for which construction has not been completed during that period; (2) a description of the reasons the projects were not completed; (3) a schedule for the completion of the projects based on expected levels of appropriations; and (4) a 5-year and 10-year projection of construction backlog and any recommendations to Congress regarding how to mitigate current problems and the backlog. 304. Deauthorizations (a) In general The following projects are not authorized after the date of enactment of this Act: (1) Walnut Creek (Pacheco Creek), California The portions of the project for flood protection on Walnut Creek, California, constructed under section 203 of the Flood Control Act of 1960 ( Public Law 86–645 ; 74 Stat. 488), consisting of the Walnut Creek project from Sta 0+00 to Sta 142+00 and the upstream extent of the Walnut Creek project along Pacheco Creek from Sta 0+00 to Sta 73+50. (2) Walnut Creek (San Ramon Creek), California The portion of the project for flood protection on Walnut Creek, California, constructed under section 203 of the Flood Control Act of 1960 ( Public Law 86–645 ; 74 Stat. 488), consisting of the culvert constructed by the Department of the Army on San Ramon Creek from Sta 4+27 to Sta 14+27. (3) Hillsborough (Hillsboro) Bay and River, Florida Those portions of the project for navigation, Hillsborough (Hillsboro) Bay and River, Florida, authorized by the Act of March 3, 1899 (30 Stat. 1126; chapter 425), that extend on either side of the Hillsborough River from the Kennedy Boulevard bridge to the mouth of the river that cause the existing channel to exceed 100 feet in width. (4) Kahului Wastewater Reclamation Facility, Maui, Hawaii The project carried out pursuant to the authority provided by section 14 of the Flood Control Act of 1946 ( 33 U.S.C. 701r ) to provide shoreline protection for the Kahului Wastewater Reclamation Facility, located on the Island of Maui in the State of Hawaii. (5) Chicago Harbor, Illinois The portion of the project for navigation, Chicago Harbor, Illinois, authorized by the first section of the Act of March 3, 1899 (30 Stat. 1129; chapter 425), and the first section of the Act of March 2, 1919 (40 Stat. 1283; chapter 95), and described as follows: (A) Beginning at the southwest corner of Metropolitan Sanitary District of Greater Chicago sluice gate that abuts the north wall of the Chicago River Lock. (B) Thence running north for approximately 290 feet. (C) Thence running east approximately 1,000 feet. (D) Thence running south approximately 290 feet. (E) Thence running west approximately 1,000 feet to the point of origin. (6) Lucas-Berg Pit, Illinois Waterway and Grant Calumet River, Illinois The portion of the project for navigation, Illinois Waterway and Grand Calumet River, Illinois, authorized by the first section of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved July 24, 1946 (60 Stat. 636; chapter 596), that consists of the Lucas-Berg Pit confined disposal facility, Illinois. (7) Rockland Harbor, Maine The portion of the project for navigation, Rockland Harbor, Maine, authorized by the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved June 3, 1896 (29 Stat. 202), and described as follows: (A) Beginning at the point in the 14-foot turning basin limit with coordinates N162,927.61, E826,210.16. (B) Thence running north 45 degrees 45 minutes 15.6 seconds east 287.45 feet to a point N163,128.18, E826,416.08. (C) Thence running south 13 degrees 17 minutes 53.3 seconds east 129.11 feet to a point N163,002.53, E826,445.77. (D) Thence running south 45 degrees 45 minutes 18.4 seconds west 221.05 feet to a point N162,848.30, E826,287.42. (E) Thence running north 44 degrees 14 minutes 59.5 seconds west 110.73 feet to the point of origin. (8) Corsica River, Queen Anne’s County, Maryland The portion of the project for improving the Corsica River, Maryland, authorized by the first section of the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved July 25, 1912 (37 Stat. 205), and described as follows: Approximately 2,000 feet of the eastern section of the project channel extending from— (A) centerline station 0+000 (coordinates N506350.60, E1575013.60); to (B) station 2+000 (coordinates N508012.39, E1574720.18). (9) Gloucester Harbor and Annisquam River, Massachusetts The portions of the project for navigation, Gloucester Harbor and Annisquam River, Massachusetts, authorized by section 2 of the Act entitled An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved of March 2, 1945 (59 Stat. 12; chapter 19), consisting of an 8-foot anchorage area in Lobster Cove, and described as follows: (A) Beginning at a bend along the easterly limit of the existing project, N3063230.31, E878283.77, thence running northwesterly about 339 feet to a point, N3063478.86, E878053.83, thence running northwesterly about 281 feet to a bend on the easterly limit of the existing project, N3063731.88, E877932.54, thence running southeasterly about 612 feet along the easterly limit of the existing project to the point of origin. (B) Beginning at a bend along the easterly limit of the existing project, N3064065.80, E878031.45, thence running northwesterly about 621 feet to a point, N3064687.05, E878031.13, thence running southwesterly about 122 feet to a point, N3064686.98, E877908.85, thence running southeasterly about 624 feet to a point, N3064063.31, E877909.17, thence running southwesterly about 512 feet to a point, N3063684.73, E877564.56, thence running about 741 feet to a point along the westerly limit of the existing project, N3063273.98, E876947.77, thence running northeasterly about 533 feet to a bend along the westerly limit of the existing project, N3063585.62, E877380.63, thence running about 147 feet northeasterly to a bend along the westerly limit of the project, N3063671.29, E877499.63, thence running northeasterly about 233 feet to a bend along the westerly limit of the existing project, N3063840.60, E877660.29, thence running about 339 feet northeasterly to a bend along the westerly limit of the existing project, N3064120.34, E877852.55, thence running about 573 feet to a bend along the westerly limit of the existing project, N3064692.98, E877865.04, thence running about 113 feet to a bend along the northerly limit of the existing project, N3064739.51, E877968.31, thence running 145 feet southeasterly to a bend along the northerly limit of the existing project, N3064711.19, E878110.69, thence running about 650 feet along the easterly limit of the existing project to the point of origin. (10) Ipswich River, Massachusetts The portion of the project for navigation, Ipswich River, Massachusetts, authorized by the first section of the Act of August 5, 1886 (24 Stat. 317, chapter 929) consisting of a 4-foot channel located at the entrance to the inner harbor at Ipswich Harbor, and described as follows: (A) Lying northwesterly of a line commencing at N3,074,938.09, E837,154.87. (B) Thence running easterly approximately 60 feet to a point with coordinates N3,074,972.62, E837,203.93. (11) East Fork of Trinity River, Texas The portion of the project for flood protection on the East Fork of the Trinity River, Texas, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1185), that consists of the 2 levees identified as Kaufman County Levees K5E and K5W. (12) Burnham Canal, Wisconsin The portion of the project for navigation, Milwaukee Harbor Project, Milwaukee, Wisconsin, known as the Burnham Canal, authorized by the first section of the Act entitled An Act for the protection of commerce on Lake Michigan , approved March 3, 1843 (5 Stat. 619; chapter 85), and described as follows: (A) Beginning at channel point #415a N381768.648, E2524554.836, a distance of about 170.58 feet. (B) Thence running south 53 degrees 43 minutes 41 seconds west to channel point #417 N381667.728, E2524417.311, a distance of about 35.01 feet. (C) Thence running south 34 degrees 10 minutes 40 seconds west to channel point #501 N381638.761, E2524397.639, a distance of about 139.25 feet. (D) Thence running south 34 degrees 10 minutes 48 seconds west to channel point #503 N381523.557, E2524319.406, a distance of about 235.98 feet. (E) Thence running south 32 degrees 59 minutes 13 seconds west to channel point #505 N381325.615, E2524190.925, a distance of about 431.29 feet. (F) Thence running south 32 degrees 36 minutes 05 seconds west to channel point #509 N380962.276, E2523958.547, a distance of about 614.52 feet. (G) Thence running south 89 degrees 05 minutes 00 seconds west to channel point #511 N380952.445, E2523344.107, a distance of about 74.68 feet. (H) Thence running north 89 degrees 04 minutes 59 seconds west to channel point #512 N381027.13, E2523342.91, a distance of about 533.84 feet. (I) Thence running north 89 degrees 05 minutes 00 seconds east to channel point #510 N381035.67, E2523876.69, a distance of about 47.86 feet. (J) Thence running north 61 degrees 02 minutes 07 seconds east to channel point #508 N381058.84, E2523918.56, a distance of about 308.55 feet. (K) Thence running north 36 degrees 15 minutes 29 seconds east to channel point #506 N381307.65, E2524101.05, a distance of about 199.98 feet. (L) Thence running north 32 degrees 59 minutes 12 seconds east to channel point #504 N381475.40, E2524209.93, a distance of about 195.14 feet. (M) Thence running north 26 degrees 17 minutes 22 seconds east to channel point #502 N381650.36, E2524296.36, a distance of about 81.82 feet. (N) Thence running north 88 degrees 51 minutes 05 seconds west to channel point #419 N381732.17, E2524294.72, a distance of about 262.65 feet. (O) Thence running north 82 degrees 01 minutes 02 seconds east to channel point #415a, the point of origin. (13) Manitowoc Harbor, Wisconsin The portion of the project for navigation, Manitowoc River, Manitowoc, Wisconsin, authorized by the Act of August 30, 1852 (10 Stat. 58; chapter 104), and described as follows: The triangular area bound by— (A) 44.09893383N and 087.66854912W; (B) 44.09900535N and 087.66864372W; and (C) 44.09857884N and 087.66913123W. (b) Seward Waterfront, Seward, Alaska (1) In general Subject to paragraph (2), the portion of the project for navigation, Seward Harbor, Alaska, identified as Tract H, Seward Original Townsite, Waterfront Park Replat, Plat No 2012–4, Seward Recording District, shall not be subject to navigation servitude beginning on the date of enactment of this Act. (2) Entry by Federal Government The Federal Government may enter upon the property referred to in paragraph (1) to carry out any required operation and maintenance of the general navigation features of the project referred to in paragraph (1). (c) Port of Hood River, Oregon (1) Extinguishment of portions of existing flowage easement With respect to the properties described in paragraph (2), beginning on the date of enactment of this Act, the flowage easement identified as Tract 1200E–6 on the Easement Deed recorded as Instrument No. 740320 is extinguished above elevation 79.39 feet (NGVD 29), the ordinary high water line. (2) Affected properties The properties described in this paragraph, as recorded in Hood River County, Oregon, are as follows: (A) Instrument Number 2010–1235. (B) Instrument Number 2010–02366. (C) Instrument Number 2010–02367. (D) Parcel 2 of Partition Plat 2011–12P. (E) Parcel 1 of Partition Plat 2005–26P. (3) Extinguishment of flowage easement With respect to the properties described in paragraph (2), the flowage easement is extinguished if the elevation of the property is above the standard project flood elevation. (4) Federal liabilities The United States shall not be liable for any injury caused by the extinguishment of the easement under this subsection. (5) No Effect on Other Rights Nothing in this subsection affects the remaining rights and interests of the Corps of Engineers for authorized project purposes. 305. Land conveyances (a) Tulsa Port of Catoosa, Rogers County, Oklahoma Land Exchange (1) Land exchange 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. (2) Definitions In this subsection, the following definitions apply: (A) Federal land The term Federal land means the approximately 87 acres of land situated in Rogers County, Oklahoma, contained within United States Tracts 413 and 427 and acquired for the McClellan-Kerr Arkansas Navigation System. (B) Non-Federal land The term non-Federal 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. (3) Specific conditions (A) Deeds (i) Deed to non-Federal land The Secretary may only accept conveyance of the non-Federal land by warranty deed, as determined acceptable by the Secretary. (ii) Deed to Federal land The Secretary shall convey the Federal land to the Tulsa Port of Catoosa by quitclaim deed and subject to any reservations, terms, and conditions the Secretary determines necessary to— (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. (iii) Cash payment If the appraised fair market 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. (b) City of Asotin, Washington (1) In general The Secretary shall convey to the city of Asotin, Asotin County, Washington, without monetary consideration, all right, title, and interest of the United States in and to the land described in paragraph (3). (2) Reversion If the land transferred under this subsection ceases at any time to be used for a public purpose, the land shall revert to the United States. (3) Description The land to be conveyed to the city of Asotin, Washington, under this subsection are— (A) the public ball fields designated as Tracts 1503, 1605, 1607, 1609, 1611, 1613, 1615, 1620, 1623, 1624, 1625, 1626, and 1631; and (B) other leased areas designated as Tracts 1506, 1522, 1523, 1524, 1525, 1526, 1527, 1529, 1530, 1531, and 1563. (c) Generally applicable provisions (1) Survey to obtain legal description The exact acreage and the legal description of any real property to be conveyed under this section shall be determined by a survey that is satisfactory to the Secretary. (2) Applicability of property screening provisions Section 2696 of title 10, United States Code, shall not apply to any conveyance under this section. (3) Additional terms and conditions The Secretary may require that any conveyance under this section be subject to such additional terms and conditions as the Secretary considers necessary and appropriate to protect the interests of the United States. (4) Costs of conveyance An entity to which a conveyance is made under this section shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance. (5) Liability An entity to which a conveyance is made under this section shall hold the United States harmless from any liability with respect to activities carried out, on or after the date of the conveyance, on the real property conveyed. The United States shall remain responsible for any liability with respect to activities carried out, before such date, on the real property conveyed. IV Water Resources Infrastructure 401. Authorization of final feasibility studies The following final feasibility studies for water resources development and conservation and other purposes are authorized to be carried out by the Secretary substantially in accordance with the plan, and subject to the conditions, described in the respective reports designated in this section: (1) Navigation A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Federal Cost E. Estimated Non-Federal Cost 1. TX, LA Sabine Neches Waterway, Southeast Texas and Southwest Louisiana July 22, 2011 $779,399,000 $359,227,000 2. FL Jacksonville Harbor- Milepoint April 30, 2012 $27,804,000 $9,122,000 3. GA Savannah Harbor Expansion Project Aug. 17, 2012 $461,000,000 $201,000,000 4. TX Freeport Harbor Jan. 7,  2013 $121,132,000 $116,342,000 5. FL Canaveral Harbor (Sect 203 Sponsor Report) Feb. 25, 2013 $28,652,000 $11,588,000 (2) Flood Risk Management A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Federal Cost E. Estimated Non-Federal Cost 1. KS Topeka Aug. 24, 2009 $15,494,000 $8,343,000 2. CA American River Watershed, Common Features Project, Natomas Basin Dec. 30, 2010 $943,300,000 $479,500,000 3. IA Cedar River, Cedar Rapids Jan. 27, 2011 $67,216,000 $36,194,000 4. MN, ND Fargo-Moorhead Metro Dec. 19, 2011 $801,542,000 $979,806,000 5. KY Ohio River Shoreline, Paducah May 16, 2012 $12,893,000 $6,943,000 (3) Hurricane and Storm Damage Risk Reduction A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Initial Federal Cost and Estimated Total Federal Cost for Life of Project E. Estimated Initial Non-Federal Cost and Estimated Total Non-Federal Cost for Life of Project 1. NC West Onslow Beach and New River Inlet (Topsail Beach) Sept. 28, 2009 Initial Cost: $30,557,000 Total Cost: $132,372,000 Initial Cost: $17,315,000 Total Cost: $132,372,000 2. NC Surf City and North Topsail Beach Dec. 30, 2010 Initial Cost: $81,484,000 Total Cost: $106,182,000 Initial Cost: $43,900,000 Total Cost: $106,182,000 3. CA San Clemente Shoreline April 5,  2012 Initial Cost: $7,500,000 Total Cost: $43,400,000 Initial Cost: $4,000,000 Total Cost: $43,400,000 (4) Hurricane and Storm Damage Risk Reduction and Environmental Restoration A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Federal Cost E. Estimated Non-Federal Cost 1. MS Mississippi Coastal Improvement Program (MSCIP) Hancock, Harrison, and Jackson Counties Sept. 15, 2009 $815,090,000 $438,890,000 (5) Environmental Restoration A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Federal Cost E. Estimated Non-Federal Cost 1. MD Mid-Chesapeake Bay Island Aug. 24, 2009 $1,221,721,000 $657,849,000 2. FL Central and Southern Florida Project, Comprehensive Everglades Restoration Plan, Caloosahatchee River (C–43) West Basin Storage Project, Hendry County March 11, 2010 $297,189,000 $297,189,000 3. LA Louisiana Coastal Area Dec. 30, 2010 $954,452,000 $513,936,000 4. MN Marsh Lake Dec. 30, 2011 $6,403,000 $3,564,000 5. FL Central and Southern Florida Project, Comprehensive Everglades Restoration Plan, C–111 Spreader Canal Western Project Jan. 30, 2012 $88,992,000 $88,992,000 6. FL CERP Biscayne Bay Coastal Wetland, Florida May 2,  2012 $96,209,000 $96,209,000 7. FL Central and Southern Florida Project, Broward County Water Preserve Area May 21, 2012 $433,353,500 $433,353,500 8. LA Louisiana Coastal Area-Barataria Basin Barrier June 22, 2012 $283,567,000 $152,690,000 9. NC Neuse River Basin April 23, 2013 $23,253,100 $12,520,900 402. Project modifications (a) Miami Harbor, Miami-Dade County, Florida (1) In general The project for navigation, Miami Harbor, Miami-Dade County, Florida, authorized by section 1001(17) of the Water Resources Development Act of 2007 (121 Stat. 1052), is modified to authorize the Secretary to construct the project at a total cost of $152,510,000, with an estimated Federal cost of $92,007,000 and a non-Federal cost of $60,503,000. (2) Applicability Paragraph (1) shall take effect on November 8, 2007. (b) Little Calumet River Basin (Cady Marsh Ditch), Indiana The project for flood control, Little Calumet River Basin (Cady Marsh Ditch), Indiana, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4115), and modified by section 127 of Public Law 109–103 (119 Stat. 2259), is further modified to authorize the Secretary to construct the project at a total cost of $269,988,000, with an estimated Federal cost of $202,800,000 and a non-Federal cost of $67,188,000.

Passed the House of Representatives October 23, 2013. Karen L. Haas, Clerk.

tv_txt: II Calendar No. 224 113th CONGRESS 1st Session H. R. 3080 IN THE SENATE OF THE UNITED STATES October 28, 2013 Received; read twice and placed on the calendar AN ACT To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Water Resources Reform and Development Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. Title I—Program Reforms and Streamlining Sec. 101. Vertical integration and acceleration of studies. Sec. 102. Expediting the evaluation and processing of permits. Sec. 103. Environmental streamlining. Sec. 104. Consolidation of studies. Sec. 105. Expedited completion of reports. Sec. 106. Removal of duplicative analyses. Sec. 107. Expediting approval of modifications and alterations of projects by non-Federal interests. Sec. 108. Construction of projects by non-Federal interests. Sec. 109. Contributions by non-Federal interests. Sec. 110. Contributions by non-Federal interests for management of Corps of Engineers inland navigation facilities. Sec. 111. Additional contributions by non-Federal interests. Sec. 112. Contributions by non-Federal interests prior to authorization of final feasibility reports. Sec. 113. Clarification of impacts to other Federal facilities. Sec. 114. Clarification of previously authorized work. Sec. 115. Tribal partnership program. Sec. 116. Technical corrections. Sec. 117. Water infrastructure public-private partnership pilot program. Sec. 118. Annual report to Congress. Sec. 119. Actions to be taken in conjunction with the President’s annual budget submission to Congress. Sec. 120. Hurricane and storm damage reduction study. Sec. 121. Non-Federal plans to provide additional flood risk reduction. Sec. 122. Review of emergency response authorities. Sec. 123. Emergency communication of risk. Sec. 124. Improvements to the National Dam Safety Program Act. Sec. 125. Restricted areas at Corps of Engineers dams. Sec. 126. Levee safety. Sec. 127. Vegetation on levees. Sec. 128. Reduction of Federal costs. Sec. 129. Advanced modeling technologies. Sec. 130. Enhanced use of electronic commerce in Federal procurement. Sec. 131. Corrosion prevention. Sec. 132. Resilient construction and use of innovative materials. Sec. 133. Assessment of water supply in arid regions. Sec. 134. River basin commissions. Sec. 135. Sense of Congress regarding water resources development bills. Sec. 136. Donald G. Waldon Lock and Dam. Sec. 137. Aquatic invasive species. Sec. 138. Recreational access. Sec. 139. Territories of the United States. Sec. 140. Sense of Congress regarding interstate water agreements and compacts. Sec. 141. Report on surface elevations at drought effected lakes. Sec. 142. Future water supply. Sec. 143. Congressional consent for new project purposes. Sec. 144. Multiagency effort to slow the spread of asian carp in the upper mississippi river and ohio river basins and tributaries. Sec. 145. Aquatic invasive species prevention and control. Sec. 146. National Ocean Policy implementation. Sec. 147. Calculation of benefits and costs for flood damage reduction and hurricane and storm damage reduction projects. Title II—Navigation Improvements Subtitle A—Ports Sec. 201. Expanded use of Harbor Maintenance Trust Fund. Sec. 202. Assessment and prioritization of operation and maintenance. Sec. 203. Preserving United States harbors. Sec. 204. Consolidation of deep draft navigation expertise. Sec. 205. Disposal sites. Sec. 206. Harbor Maintenance Trust Fund study. Subtitle B—Inland Waterways Sec. 211. Definitions. Sec. 212. Project delivery process reforms. Sec. 213. Efficiency of revenue collection. Sec. 214. Inland waterways revenue studies. Sec. 215. Inland waterways stakeholder roundtable. Sec. 216. Preserving the Inland Waterway Trust Fund. Sec. 217. Public comment on lock operations. Sec. 218. Assessment of operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway. Sec. 219. Upper Mississippi River protection. Sec. 220. Corps of Engineers lock and dam energy development. Title III—Deauthorizations and Backlog Prevention Sec. 301. Deauthorization of inactive projects. Sec. 302. Review of Corps of Engineers assets. Sec. 303. Backlog prevention. Sec. 304. Deauthorizations. Sec. 305. Land conveyances. Title IV—Water Resources Infrastructure Sec. 401. Authorization of final feasibility studies. Sec. 402. Project modifications. 2. Definition of Secretary In this Act, the term Secretary means the Secretary of the Army. I Program Reforms and Streamlining 101. Vertical integration and acceleration of studies (a) In general To the extent practicable, a feasibility study initiated by the Secretary, after the date of enactment of this Act, under section 905(a) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282(a) ) shall— (1) result in the completion of a final feasibility report not later than 3 years after the date of initiation; (2) have a maximum Federal cost of $3,000,000; and (3) ensure that personnel from the district, division, and headquarters levels of the Corps of Engineers concurrently conduct the review required under that section. (b) Exception If the Secretary determines that a feasibility study described in subsection (a) will not be conducted in accordance with subsection (a), the Secretary, not later than 30 days after the date of making the determination, shall— (1) prepare an updated feasibility study schedule and cost estimate; (2) notify the non-Federal feasibility cost sharing partner that the feasibility study has been delayed; and (3) provide written notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate as to the reasons the requirements of subsection (a) are not attainable. (c) Termination of authorization A feasibility study for which the Secretary has issued a determination under subsection (b) is not authorized after the last day of the 1-year period beginning on the date of the determination if the Secretary has not completed the study on or before such last day. (d) Report Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes— (1) the status of the implementation of this section, including a description of each feasibility study subject to the requirements of this section; (2) the amount of time taken to complete each such feasibility study; and (3) any recommendations for additional authority necessary to support efforts to expedite the feasibility study process, including an analysis of whether the limitation established by subsection (a)(2) needs to be adjusted to address the impacts of inflation. (e) Reviews Not later than 90 days after the date of the initiation of a study described in subsection (a) for a project, the Secretary shall— (1) take all steps necessary to initiate the federally mandated reviews that the Secretary is required to complete as part of the study, including environmental reviews; (2) convene a meeting of all Federal, tribal, and State agencies identified under section 2045(d) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2348(d) ), as amended by this Act, and that may be required by law to conduct or issue a review, analysis, or opinion on or to make a determination concerning a permit or license for the study; (3) provide the agencies referred to in paragraph (2) with all relevant information related to the scope and potential impacts of the project, including environmental impacts; and (4) take all steps necessary to provide information that will enable required reviews and analyses related to the project to be conducted by other agencies in a thorough and timely manner. 102. Expediting the evaluation and processing of permits Section 214 of the Water Resources Development Act of 2000 ( 33 U.S.C. 2201 note) is amended— (1) in subsection (a)— (A) by inserting or public-utility company or natural gas company (as defined in section 1262 of the Public Utility Holding Company Act of 2005 ( 42 U.S.C. 16451 )) after non-Federal public entity ; (B) by inserting or company after that entity ; and (C) by adding at the end the following: To the maximum extent practicable, the Secretary shall ensure that expediting the evaluation of a permit through the use of funds accepted and expended under this section does not adversely affect the timeline for evaluation (in the Corps district in which the project or activity is located) of permits under the jurisdiction of the Department of the Army of other entities that have not contributed funds under this section. ; and (2) by striking subsection (e). 103. Environmental streamlining (a) Declaration of policy (1) In general Congress declares that— (A) the benefits of water resources projects are important to the Nation’s economy and environment; (B) it is in the national interest to expedite the delivery of water resources projects; (C) it is in the national interest for Federal and State agencies, local governments, Indian tribes, and other entities involved in water resources projects— (i) to accelerate study completion and project delivery and to reduce costs; and (ii) to ensure that the planning, design, engineering, construction, and funding of water resources projects is done in an efficient and effective manner, promoting accountability for public investments and encouraging greater local and private sector involvement in project financing and delivery while addressing public safety and protecting the environment; and (D) delay in the delivery of water resources studies and projects— (i) increases project costs, flood risks, and local and Federal expenditures for emergency management and recovery; (ii) harms the economy of the United States; and (iii) impedes the shipment of goods for the conduct of commerce. (2) Policy Given the declarations set forth in paragraph (1), it is the policy of the United States that— (A) recommendations to Congress regarding such projects should be accelerated by coordinated and efficient environmental reviews and cooperative efforts to quickly resolve disputes during the development of water resources projects; (B) the Secretary shall have the lead role among Federal agencies in facilitating the environmental review process for water resources projects; (C) each Federal agency shall cooperate with the Secretary to expedite the environmental review process for water resources projects; (D) programmatic approaches shall be used if applicable to reduce the need for project-by-project reviews and decisions by Federal agencies; (E) the Secretary shall identify opportunities for non-Federal sponsors to assume responsibilities of the Secretary if such responsibilities can be assumed in a manner that protects public health and safety, the environment, and public participation; and (F) the Assistant Secretary of the Army for Civil Works shall identify and promote the deployment of innovations aimed at reducing the time and money required to deliver water resources projects while protecting the environment. (b) Streamlined project delivery (1) In general Section 2045 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2348 ) is amended to read as follows: 2045. Streamlined project delivery (a) Definitions In this section, the following definitions apply: (1) Environmental impact statement The term environmental impact statement means the detailed statement of environmental impacts required to be prepared pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (2) Environmental review process (A) In general The term environmental review process means the process of preparing an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for a project study. (B) Inclusions The term environmental review process includes the process for and completion of any environmental permit, approval, review, or study required for a project study under any Federal law other than the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (3) Federal jurisdictional agency The term Federal jurisdictional agency means a Federal agency with jurisdiction over a review, analysis, opinion, statement, permit, license, or other approval or decision required for a project study under applicable Federal laws, including regulations. (4) Project The term project means a Corps of Engineers water resources project. (5) Project sponsor The term project sponsor means the non-Federal interest as defined in section 221(b) of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ). (6) Project study The term project study means a feasibility study for a project carried out pursuant to section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ). (b) Applicability The procedures in this section are applicable to all project studies initiated after the date of enactment of the Water Resources Reform and Development Act of 2013 and for which an environmental impact statement is prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and may be applied, to the extent determined appropriate by the Secretary, to other project studies initiated after such date of enactment and for which an environmental review process document is prepared under such Act. (c) Lead agencies (1) Federal lead agency The Corps of Engineers shall be the Federal lead agency in the environmental review process for a project study. (2) Non-Federal project sponsor as joint lead agency At the discretion of the Secretary and subject to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), a non-Federal project sponsor that is an agency defined in subsection (a)— (A) may serve as a joint lead agency with the Corps of Engineers for purposes of preparing any environmental review process document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (B) may assist in the preparation of any such environmental review process document required under the National Environmental Policy Act of 1969 if the Secretary provides guidance in the preparation process, participates in preparing the document, independently evaluates that document, and approves and adopts the document before the Secretary takes any subsequent action or makes any approval based on that document. (3) Adoption and use of documents Any environmental review process document prepared in accordance with this subsection shall be adopted and used by any Federal agency in making any approval of a project subject to this section as the document required to be completed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) to the same extent that the Federal agency may adopt or use a document prepared by another Federal agency under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (4) Roles and responsibility of Federal lead agency With respect to the environmental review process for any project, the Federal lead agency shall have authority and responsibility— (A) to take such actions as are necessary and proper, within the authority of the Federal lead agency, to facilitate the expeditious resolution of the environmental review process for the project study; and (B) to prepare or ensure that any required environmental impact statement or other document for a project study required to be completed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) is completed in accordance with this section and applicable Federal law. (d) Participating and cooperating agencies (1) Identification The Federal lead agency shall identify, as early as practicable in the environmental review process for a project study, any Federal or State agency, local government, or Indian tribe that may— (A) have jurisdiction over the project; (B) be required by law to conduct or issue a review, analysis, opinion, or statement for the project study; or (C) be required to make a determination on issuing a permit, license, or other approval or decision for the project study. (2) Invitation (A) In general The Federal lead agency shall invite any such agency identified under paragraph (1) to become a participating or cooperating agency in the environmental review process for the project study. (B) Deadline An invitation to participate issued under subparagraph (A) shall establish a deadline by which a response to the invitation shall be submitted, which may be extended by the Federal lead agency for good cause. (3) Federal cooperating agency Any Federal agency that is invited by the Federal lead agency to participate in the environmental review process for a project study shall be designated as a cooperating agency by the Federal lead agency unless the invited agency informs the Federal lead agency, in writing, by the deadline specified in the invitation that the invited agency— (A) has no jurisdiction or authority with respect to the project; (B) has no expertise or information relevant to the project study; and (C) does not intend to submit comments on the project study. (4) Effect of designation (A) Requirement A participating or cooperating agency shall comply with the requirements of this section and any schedule established under this section. (B) Implication Designation under this subsection shall not imply that the participating or cooperating agency— (i) supports a proposed project; or (ii) has any jurisdiction over, or special expertise with respect to evaluation of, the project. (5) Concurrent reviews Each participating or cooperating agency shall— (A) carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process unless doing so would prevent such agency from conducting needed analysis or otherwise carrying out their obligations under those other laws; and (B) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner. (e) Programmatic compliance (1) In general The Secretary shall issue guidance regarding the use of programmatic approaches to carry out the environmental review process that— (A) eliminates repetitive discussions of the same issues; (B) focuses on the actual issues ripe for analyses at each level of review; (C) establishes a formal process for coordinating with participating and cooperating agencies, including the creation of a list of all data that is needed to carry out the environmental review process; and (D) complies with— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (ii) all other applicable laws. (2) Requirements In carrying out paragraph (1), the Secretary shall— (A) as the first step in drafting guidance under that paragraph, consult with relevant Federal and State agencies, local governments, Indian tribes, and the public on the use and scope of the programmatic approaches; (B) emphasize the importance of collaboration among relevant Federal agencies, State agencies, local governments, and Indian tribes in undertaking programmatic reviews, especially with respect to reviews with a broad geographical scope; (C) ensure that the programmatic reviews— (i) promote transparency, including of the analyses and data used in the environmental review process, the treatment of any deferred issues raised by a Federal or State agency, local government, Indian tribe, or the public, and the temporal and special scales to be used to analyze those issues; (ii) use accurate and timely information in the environmental review process, including— (I) criteria for determining the general duration of the usefulness of the review; and (II) the timeline for updating any out-of-date review; (iii) describe— (I) the relationship between programmatic analysis and future tiered analysis; and (II) the role of the public in the creation of future tiered analysis; and (iv) are available to other relevant Federal and State agencies, local governments, Indian tribes, and the public; (D) allow not less than 60 days of public notice and comment on any proposed guidance; and (E) address any comments received under subparagraph (D). (f) Coordinated reviews (1) Coordination plan (A) Establishment The Federal lead agency, after consultation with each participating and cooperating agency and the non-Federal project sponsor or joint lead agency, as applicable, shall establish a plan for coordinating public and agency participation in and comment on the environmental review process for a project study. (B) Incorporation In developing the plan established under subparagraph (A), the Federal lead agency shall take under consideration the scheduling requirements under section 101 of the Water Resources Reform and Development Act of 2013. (2) Schedule (A) In general The Federal lead agency, after consultation with each participating and cooperating agency and the non-Federal project sponsor or joint lead agency, as applicable, shall establish, as part of the coordination plan established in paragraph (1)(A), a schedule for completion of the environmental review process for the project study. In developing the schedule, the Federal lead agency shall take under consideration the scheduling requirements under section 101 of the Water Resources Reform and Development Act of 2013. (B) Factors for consideration In establishing the schedule, the Federal lead agency shall consider factors such as— (i) the responsibilities of participating and cooperating agencies under applicable laws; (ii) the resources available to the participating and cooperating agencies and the non-Federal project sponsor or joint lead agency, as applicable; (iii) the overall size and complexity of the project; (iv) the overall schedule for and cost of the project; and (v) the sensitivity of the natural and historic resources that may be affected by the project. (C) Consistency with other time periods A schedule under subparagraph (A) shall be consistent with any other relevant time periods established under Federal law. (D) Modification The Federal lead agency may— (i) lengthen a schedule established under subparagraph (A) for good cause; or (ii) shorten a schedule only with the concurrence of the affected participating and cooperating agencies and the non-Federal project sponsor or joint lead agency, as applicable. (E) Dissemination A copy of a schedule established under subparagraph (A) shall be— (i) provided to each participating and cooperating agency and the non-Federal project sponsor or joint lead agency, as applicable; and (ii) made available to the public. (3) Comment deadlines The Federal lead agency shall establish the following deadlines for comment during the environmental review process for a project study: (A) Draft environmental impact statements For comments by agencies and the public on a draft environmental impact statement, a period of not more than 60 days after such document is made publicly available, unless— (i) a different deadline is established by agreement of the Federal lead agency, all participating and cooperating agencies, and the non-Federal project sponsor or joint lead agency, as applicable; or (ii) the deadline is extended by the Federal lead agency for good cause. (B) Other comment periods For all other comment periods established by the Federal lead agency for agency or public comments in the environmental review process, a period of not more than 30 days after the date on which the materials for which comment is requested are made available, unless— (i) a different deadline is established by agreement of the Federal lead agency, all participating and cooperating agencies, and the non-Federal project sponsor or joint lead agency, as applicable; or (ii) the deadline is extended by the Federal lead agency for good cause. (4) Deadlines for decisions under other laws (A) Prior Approval deadline If a participating or cooperating agency is required to make a determination regarding or otherwise approve or disapprove the project study prior to the record of decision or finding of no significant impact, such participating or cooperating agency shall make such determination or approval not later than 30 days after the Federal lead agency publishes notice of the availability of a final environmental impact statement or other final environmental document, or not later than such other date that is otherwise required by law, whichever occurs first. (B) Other deadlines With regard to any determination or approval of a participating or cooperating agency that is not subject to subparagraph (A), each participating or cooperating agency shall make any required determination or otherwise approve or disapprove the project study not later than 90 days after the date that the Federal lead agency approves the record of decision or finding of no significant impact for the project study, or not later than such other date that is otherwise required by law, whichever occurs first. (C) Record closed In the event that any participating or cooperating agency fails to make a determination or approve or disapprove the project study within the applicable deadline described in subparagraph (A), the Federal lead agency may close the record and find the record sufficient for the project study as it relates to such agency determination or approval. (g) Issue identification and resolution (1) Cooperation The Federal lead agency and participating and cooperating agencies shall work cooperatively in accordance with this section to identify and resolve issues that may delay completion of the environmental review process or result in the denial of any approval required for the project study under applicable laws. (2) Federal lead agency responsibilities (A) In general The Federal lead agency shall make information available to the participating and cooperating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration. (B) Data sources Such information under subparagraph (A) may be based on existing data sources, including geographic information systems mapping. (3) Participating and cooperating agency responsibilities Based on information received from the Federal lead agency, participating and cooperating agencies shall identify, as early as practicable, any issues of concern regarding the potential environmental or socioeconomic impacts of the project, including any issues that may substantially delay or prevent an agency from granting a permit or other approval that is needed for the project study. (4) Accelerated issue resolution and elevation (A) In general Upon the request of a participating or cooperating agency or non-Federal project sponsor, the Secretary shall convene an issue resolution meeting with the relevant participating and cooperating agencies and the non-Federal project sponsor or joint lead agency, as applicable, to resolve issues that may— (i) delay completion of the environmental review process; or (ii) result in denial of any approval required for the project study under applicable laws. (B) Meeting date A meeting requested under this paragraph shall be held not later than 21 days after the date on which the Secretary receives the request for the meeting, unless the Secretary determines that there is good cause to extend that deadline. (C) Notification Upon receipt of a request for a meeting under this paragraph, the Secretary shall notify all relevant participating and cooperating agencies of the request, including the issue to be resolved and the date for the meeting. (D) Elevation of issue resolution If a resolution cannot be achieved within 30 days after a meeting under this paragraph and a determination is made by the Secretary that all information necessary to resolve the issue has been obtained, the Secretary shall forward the dispute to the heads of the relevant agencies for resolution. (E) Convention by Secretary The Secretary may convene an issue resolution meeting under this subsection at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under subparagraph (A). (h) Streamlined documentation and decisionmaking (1) In general The Federal lead agency in the environmental review process for a project study, in order to reduce paperwork and expedite decisionmaking, shall prepare a condensed final environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (2) Condensed format A condensed final environmental impact statement for a project study in the environmental review process shall consist only of— (A) an incorporation by reference of the draft environmental impact statement; (B) any updates to specific pages or sections of the draft environmental impact statement as appropriate; and (C) responses to comments on the draft environmental impact statement and copies of the comments. (3) Timing of decision Notwithstanding any other provision of law, in conducting the environmental review process for a project study, the Federal lead agency shall combine a final environmental impact statement and a record of decision for the project study into a single document if— (A) the alternative approved in the record of decision is either a preferred alternative identified in the draft environmental impact statement or is a modification of such preferred alternative developed in response to comments on the draft environmental impact statement; and (B) the Federal lead agency has a written commitment from parties responsible for implementation of the measures applicable to the approved alternative that are identified in the final environmental impact statement that they will implement those measures. (i) Limitations Nothing in this section shall preempt or interfere with— (1) any practice of seeking, considering, or responding to public comment; or (2) any power, jurisdiction, responsibility, or authority that a Federal or State agency, local government, Indian tribe, or non-Federal project sponsor has with respect to carrying out a project study or any other provision of law applicable to a project. (j) Timing of claims (1) In general Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or other approval issued by a Federal agency for a project study shall be barred unless it is filed not later than 150 days after publication of a notice in the Federal Register announcing that the permit, license, or other approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law which allows judicial review. Nothing in this subsection shall create a right to judicial review or place any limit on filing a claim that a person has violated the terms of a permit, license, or other approval. (2) New information The Secretary shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under title 40, Code of Federal Regulations. The preparation of a supplemental environmental impact statement or other environmental document when required by this section shall be considered a separate final agency action and the deadline for filing a claim for judicial review of such action shall be 150 days after the date of publication of a notice in the Federal Register announcing such action. (k) Categorical exclusions (1) In general Not later than 180 days after the date of enactment of this subsection, the Secretary shall— (A) survey the use by the Corps of Engineers of categorical exclusions in projects; (B) publish a review of the survey that includes a description of— (i) the types of actions that were categorically excluded or may be the basis for developing a new categorical exclusion; and (ii) any requests previously received by the Secretary for new categorical exclusions; and (C) solicit requests from other Federal agencies and non-Federal project sponsors for new categorical exclusions. (2) New categorical exclusions Not later than 1 year after the date of enactment of this subsection, if the Secretary identifies, based on the review under paragraph (1), a category of activities that merit establishing a categorical exclusion not in existence on the day before the date of enactment of this subsection, the Secretary shall publish a notice of proposed rulemaking to propose that new categorical exclusion, to the extent that the categorical exclusion meets the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (or successor regulation). (l) Implementation guidance The Secretary shall prepare guidance documents that describe the processes that the Secretary will use to implement this section. . (2) Clerical amendment The table of contents contained in section 1(b) of the Water Resources Development Act of 2007 is amended by striking the item relating to section 2045 and inserting the following: Sec. 2045. Streamlined project delivery. . (c) Categorical exclusion in emergencies For the repair, reconstruction, or rehabilitation of a water resources project that is in operation or under construction when damaged by an event or incident that results in a declaration by the President of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), the Secretary shall treat such repair, reconstruction, or rehabilitation activity as a class of action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations, if such repair or reconstruction activity is in the same location with the same capacity, dimensions, and design as the original water resources project as before the declaration described in this section. 104. Consolidation of studies (a) In general (1) Repeal Section 905(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282(b) ) is repealed. (2) Conforming amendment Section 905(a)(1) of such Act ( 33 U.S.C. 2282(a)(1) ) is amended by striking perform a reconnaissance study and . (b) Contents of feasibility reports Section 905(a)(2) of such Act ( 33 U.S.C. 2282(a)(2) ) is amended by adding at the end the following: A feasibility report shall include a preliminary analysis of the Federal interest and the costs, benefits, and environmental impacts of the project. . (c) Applicability The Secretary shall continue to carry out a study for which a reconnaissance level investigation has been initiated before the date of enactment of this Act as if this section, including the amendments made by this section, had not been enacted. 105. Expedited completion of reports The Secretary shall— (1) expedite the completion of any on-going feasibility study for a project initiated before the date of enactment of this Act; and (2) if the Secretary determines that the project is justified in a completed report, proceed directly to preconstruction planning, engineering, and design of the project in accordance with section 910 of the Water Resources Development Act of 1986 (100 Stat. 4189). 106. Removal of duplicative analyses Section 911 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2288 ) is repealed. 107. Expediting approval of modifications and alterations of projects by non-Federal interests (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary, after providing notice and an opportunity for comment, shall establish a process for the review of section 14 applications in a timely and consistent manner. (b) Section 14 application defined In this section, the term section 14 application means an application submitted by an applicant to the Secretary requesting permission for the temporary occupation or use of a public work, or the alteration or permanent occupation or use of a public work, under section 14 of the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved March 3, 1899 (commonly known as the Rivers and Harbors Appropriation Act of 1899 ) ( 33 U.S.C. 408 ). (c) Benchmark goals (1) Establishment of benchmark goals In carrying out subsection (a), the Secretary shall— (A) establish benchmark goals for determining the amount of time it should take the Secretary to determine whether a section 14 application is complete; (B) establish benchmark goals for determining the amount of time it should take the Secretary to approve or disapprove a section 14 application; and (C) to the extent practicable, use such benchmark goals to make a decision on section 14 applications in a timely and consistent manner. (2) Benchmark goals (A) Benchmark goals for determining whether section 14 applications are complete To the extent practicable, the benchmark goals established under paragraph (1) shall provide that— (i) the Secretary reach a decision on whether a section 14 application is complete not later than 15 days after the date of receipt of the application; and (ii) if the Secretary determines that a section 14 application is not complete, the Secretary promptly notify the applicant of the specific information that is missing or the analysis that is needed to complete the application. (B) Benchmark goals for reviewing completed applications To the extent practicable, the benchmark goals established under paragraph (1) shall provide that— (i) the Secretary generally approve or disapprove a completed section 14 application not later than 45 days after the date of receipt of the completed application; and (ii) in a case in which the Secretary determines that additional time is needed to review a completed section 14 application due to the type, size, cost, complexity, or impacts of the actions proposed in the application, the Secretary approve or disapprove the application not later than 180 days after the date of receipt of the completed application. (3) Notice In any case in which the Secretary determines that it will take the Secretary more than 45 days to review a completed section 14 application, the Secretary shall— (A) provide written notification to the applicant; and (B) include in the written notice a best estimate of the Secretary as to the amount of time required for completion of the review. (d) Failure To achieve benchmark goals In any case in which the Secretary fails make a decision on a section 14 application in accordance with the process established under this section, the Secretary shall provide written notice to the applicant, including a detailed description of— (1) why the Secretary failed to make a decision in accordance with such process; (2) the additional actions required before the Secretary will issue a decision; and (3) the amount of time the Secretary will require to issue a decision. (e) Notification (1) Submission to Congress The Secretary shall provide a copy of any written notice provided under subsection (d) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (2) Public availability The Secretary shall maintain a publicly available database, including on the Internet, on— (A) all section 14 applications received by the Secretary; and (B) the current status of such applications. 108. Construction of projects by non-Federal interests (a) Construction of water resources development projects Section 211 of the Water Resources Development Act of 1996 ( 33 U.S.C. 701b–13 ) is amended— (1) in the section heading by striking flood control and inserting water resources development ; and (2) by striking flood control each place it appears and inserting water resources development . (b) Completion of studies and design activities Section 211(c) of such Act ( 33 U.S.C. 701b–13(c) ) is amended by striking date of the enactment of this Act and inserting date of enactment of the Water Resources Reform and Development Act of 2013 . (c) Authority To carry out improvements Section 211(d)(1) of such Act ( 33 U.S.C. 701b–13(d)(1) ) is amended— (1) by striking subparagraph (A)(i) and inserting the following: (i) In general A non-Federal interest may carry out construction for which studies and design documents are prepared under subsection (b) only if— (I) the Secretary approves the project for construction; and (II) the project is specifically authorized by Congress. ; and (2) by striking subparagraph (B) and inserting the following: (B) Studies and design activities under subsection (c) Any non-Federal interest that has received from the Secretary under subsection (c) a favorable recommendation to carry out a water resources development project, or separable element thereof, based on the results of completed studies and design documents for the project or element may carry out the project or element if— (i) a final environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) has been filed for the project or element; and (ii) the project is specifically authorized by Congress. . (d) Reimbursement Section 211(e) of such Act ( 33 U.S.C. 701b–13(e) ) is amended— (1) in paragraph (1)— (A) in subparagraph (B) by striking and at the end; (B) in subparagraph (C) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (D) if the project is specifically authorized by Congress. ; and (2) in paragraph (6)— (A) by striking subparagraph (B) and redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and (B) in subparagraph (B) (as so redesignated)— (i) by striking At the request and inserting In accordance with section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ), at the request ; and (ii) by inserting before the period at the end the following: , or toward the non-Federal share of any other authorized water resources development study or project of such non-Federal interest . (e) Other matters Section 211 of such Act ( 33 U.S.C. 701b–13 ) is amended by adding at the end the following: (h) Operation and maintenance of navigation projects Whenever a non-Federal interest constructs improvements to a harbor or inland harbor, the Secretary shall be responsible for maintenance in accordance with section 101(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b) ) if— (1) the Secretary determines, before construction, that the improvements, or separable elements thereof, are economically justified and environmentally acceptable; (2) the Secretary certifies that the project is constructed in accordance with applicable permits and the appropriate engineering and design standards; (3) the Secretary does not find that the project, or separable element thereof, is no longer economically justified or environmentally acceptable; and (4) the project is specifically authorized by Congress. (i) Implementation All laws and regulations that would apply to the Secretary if the Secretary were carrying out a project shall apply to the non-Federal interest carrying out a project under this section. (j) Notification of committees The Secretary shall notify in writing the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate prior to initiation of negotiations with a non-Federal interest regarding the utilization of the authorities under this section. . (f) Repeals The following provisions are repealed: (1) Section 204 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2232 ). (2) Section 206 of the Water Resources Development Act of 1992 ( 33 U.S.C. 426i–1 ) and the item relating to that section in the table of contents contained in section 1(b) of that Act. (3) Section 404 of the Water Resources Development Act of 1990 ( 33 U.S.C. 2232 note; 104 Stat. 4646) and the item relating to that section in the table of contents contained in section 1(b) of that Act. (g) Saving provision Nothing in this section may be construed to affect any agreement entered into under section 204(f) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2232(f) ) before the date of enactment of this Act. 109. Contributions by non-Federal interests (a) In general Section 5 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved June 22, 1936 ( 33 U.S.C. 701h ), is amended— (1) by striking from States and political subdivisions thereof, and inserting from a non-Federal interest (as defined in section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b )) ; (2) by striking , which includes planning and design ; (3) by inserting , including a project for navigation on the inland waterways, after study or project ; (4) by striking by States and political subdivisions thereof, and inserting by a non-Federal interest ; (5) by striking : Provided further , That the term States means the several States, the District of Columbia, the commonwealths, territories, and possessions of the United States, and Federally recognized Indian tribes ; and (6) by inserting : And provided further , That the term work means the planning, design, or construction of an authorized water resources development study or project, or the repair, restoration, or replacement of an authorized water resources development project that has been damaged by an event or incident that results in a declaration by the President of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) after contributing interests . (b) Notification for contributed funds Prior to the initiation of negotiations for accepting contributed funds under section 5 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved June 22, 1936 ( 33 U.S.C. 701h ), the Secretary shall provide written notice to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Environment and Public Works and the Committee on Appropriations of the Senate. (c) Technical amendments The following provisions are repealed: (1) Section 111(b) of the Energy and Water Development and Related Agencies Appropriations Act, 2012 (125 Stat. 858). (2) Section 4 of the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved March 4, 1915 ( 33 U.S.C. 560 ). 110. Contributions by non-Federal interests for management of Corps of Engineers inland navigation facilities (a) In general Section 225 of the Water Resources Development Act of 1992 ( 33 U.S.C. 2328 ) is amended— (1) by striking the section designation and heading and inserting the following: 225. Contributions by non-Federal interests for management of Corps of Engineers facilities ; (2) in subsection (a) by striking managing recreation facilities and inserting operating, maintaining, and managing inland navigational facilities, recreational facilities, ; and (3) in subsection (b) by striking and management of recreation facilities and inserting , maintenance, and management of inland navigation facilities, recreational facilities, . (b) Clerical amendment The table of contents contained in section 1(b) of the Water Resources Development Act of 1992 is amended by striking the item relating to section 225 and inserting the following: 225. Contributions by non-Federal interests for management of Corps of Engineers facilities. . 111. Additional contributions by non-Federal interests Section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 ) is amended— (1) by striking In order to insure and inserting (a) In general.— In order to insure ; and (2) by adding at the end the following: (b) Contributions by non-Federal interests Notwithstanding subsection (a), in accordance with section 5 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved June 22, 1936 ( 33 U.S.C. 701h ), the Secretary may accept funds from a non-Federal interest for any authorized water resources development project that has exceeded its maximum cost under subsection (a), and use such funds to carry out such project, if the use of such funds does not increase the Federal share of the cost of such project. . 112. Contributions by non-Federal interests prior to authorization of final feasibility reports (a) In general Subject to subsection (b), a non-Federal interest may carry out a project for which— (1) a final feasibility report has been completed; and (2) authority for the Secretary to carry out such project has not specifically been authorized by Congress. (b) Conditions The non-Federal interest— (1) shall, before carrying out the project, obtain any permit, approval, or authorization required pursuant to Federal or State law; and (2) shall carry out the project in accordance with the plan, and subject to the conditions, described in the final feasibility report. (c) Credit, reimbursement, and future maintenance (1) Eligibility for Credit or Reimbursement Subject to paragraph (4), and in accordance with section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ), a non-Federal interest may be eligible for credit or reimbursement for the Federal share of any work carried out by the non-Federal interest under this section. (2) Eligibility for maintenance of navigation projects Subject to paragraph (4), and in accordance with section 211(h) of the Water Resources Development of Act of 1996 ( 33 U.S.C. 701b–13(h) , whenever a non-Federal interest constructs improvements to a harbor or inland harbor under this section, the Secretary shall be responsible for maintenance of such harbor. (3) Limitation Any activities carried out under this section are authorized only to the extent specifically provided for in subsequent appropriations Acts. (4) Implementation Paragraphs (1), (2), and (3) shall not apply unless— (A) all laws and regulations that would apply to the Secretary if the Secretary were carrying out the project were applied by the non-Federal interest during construction of the project; and (B) the project is subsequently specifically authorized by Congress. (5) In-kind contributions Absent a specific subsequent authorization by Congress, the non-Federal interest shall not be reimbursed or receive credit for in-kind contributions. 113. Clarification of impacts to other Federal facilities In any case where the modification or construction of a water resources development project carried out by the Secretary adversely impacts other Federal facilities, the Secretary may accept from other Federal agencies such funds as may be necessary to address the adverse impact, including by removing, relocating, or reconstructing such facilities. 114. Clarification of previously authorized work (a) In general The Secretary may carry out measures to improve fish species habitat within the boundaries and downstream of a water resources project constructed by the Secretary that includes a fish hatchery if the Secretary— (1) has been explicitly authorized to compensate for fish losses associated with the project; and (2) determines that the measures are— (A) feasible; (B) consistent with authorized project purposes and the fish hatchery; and (C) in the public interest. (b) Cost sharing (1) In general Subject to paragraph (2), the non-Federal interest shall contribute 35 percent of the total cost of carrying out activities under this section, including the costs relating to the provision or acquisition of required land, easements, rights-of-way, dredged material disposal areas, and relocations. (2) Operation and maintenance The non-Federal interest shall contribute 100 percent of the costs of operation, maintenance, replacement, repair, and rehabilitation of the measures carried out under this section. 115. Tribal partnership program (a) In general Section 203 of the Water Resources Development Act of 2000 ( 33 U.S.C. 2269 ) is amended— (1) in subsection (d)(1)(B)— (A) by striking The ability and inserting the following: (i) In general The ability ; and (B) by adding at the end the following: (ii) Determination Not later than 180 days after the date of enactment of the Water Resources Reform and Development Act of 2013, the Secretary shall issue guidance on the procedures described in clause (i). ; and (2) by striking subsection (e) and inserting the following: (e) Restrictions The Secretary is authorized to carry out activities under this section in fiscal years 2014 through 2023. . (b) Cooperative agreements with Indian tribes The Secretary may enter into a cooperative agreement with an Indian tribe (or a designated representative of an Indian tribe) to carry out authorized activities of the Corps of Engineers to protect fish, wildlife, water quality, and cultural resources. 116. Technical corrections (a) Limitation; statutory construction Section 221(a)(4)(E) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(E)) is amended by striking clause (ii) and inserting the following: (ii) Limitation In any case in which a specific provision of law provides for a non-Federal interest to receive credit toward the non-Federal share of the cost of a study for, or construction or operation and maintenance of, a water resources project, the Secretary shall apply— (I) the specific provision of law instead of this paragraph; or (II) at the request of the non-Federal interest, the specific provision of law and such provisions of this paragraph as the non-Federal interest may request. (iii) Statutory construction Nothing in this subparagraph may be construed to affect the applicability of subparagraph (C). . (b) Water resources project defined Section 221(b) of such Act (42 U.S.C. 1962d–5b(b)) is amended— (1) by moving paragraphs (1) and (2) and the matter following paragraph (2) 2 ems to the right; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (3) by striking (b) Definition and all that follows through The term and inserting the following: (b) Definitions (1) Non-Federal interest The term ; and (4) by adding at the end the following: (2) Water resources project The term water resources project includes projects studied, reviewed, designed, constructed, operated and maintained, or otherwise subject to Federal participation under the authority of the civil works program of the Secretary of the Army for the purposes of navigation, flood damage reduction, ecosystem restoration, hurricane and storm damage reduction, water supply, recreation, hydroelectric power, fish and wildlife conservation, water quality, environmental infrastructure, resource protection and development, and related purposes. . (c) Correction Section 221(c) of such Act (42 U.S.C. 1962d–5b(c)) is amended by striking enforcible and inserting enforceable . (d) Federal allocation Section 2008(a) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2340(a) ) is amended by adding at the end the following: This subsection shall apply without regard to whether the original partnership agreement was entered into before, on, or after the date of enactment of this subsection. . (e) In-Kind credit Section 221(a)(4)(C) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(C)) is amended by striking In any case and all that follows through the period at the end and inserting the following: (i) Construction (I) In general In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of construction carried out by the non-Federal interest before execution of a partnership agreement and that construction has not been carried out as of the date of enactment of this clause, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work and shall do so prior to the non-Federal interest initiating construction or issuing a written notice to proceed for the construction. (II) Eligibility Construction that is carried out after the execution of an agreement under subclause (I) and any design activities that are required for that construction, even if the design activity is carried out prior to the execution of the agreement, shall be eligible for credit. (ii) Planning (I) In general In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of planning carried out by the non-Federal interest before execution of a feasibility cost sharing agreement, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such planning and shall do so prior to the non-Federal interest initiating that planning. (II) Eligibility Planning that is carried out by the non-Federal interest after the execution of an agreement under subclause (I) shall be eligible for credit. . 117. Water infrastructure public-private partnership pilot program (a) In general The Secretary shall establish a pilot program to evaluate the cost effectiveness and project delivery efficiency of allowing non-Federal interests to carry out authorized water resources development projects for coastal harbor improvement, channel improvement, inland navigation, flood damage reduction, aquatic ecosystem restoration, and hurricane and storm damage reduction. (b) Purposes The purposes of the pilot program established under subsection (a) are— (1) to identify cost-saving project delivery alternatives that reduce the backlog of authorized Corps of Engineers projects; and (2) to evaluate the technical, financial, and organizational benefits of allowing a non-Federal interest to carry out and manage the design or construction (or both) of 1 or more of such projects. (c) Subsequent appropriations Any activity undertaken under this section is authorized only to the extent specifically provided for in subsequent appropriations Acts. (d) Administration In carrying out the pilot program established under subsection (a), the Secretary shall— (1) identify for inclusion in the program at least 15 projects that are authorized for construction for coastal harbor improvement, channel improvement, inland navigation, flood damage reduction, or hurricane and storm damage reduction; (2) notify in writing the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of each project identified under paragraph (1); (3) in consultation with the non-Federal interest associated with each project identified under paragraph (1), develop a detailed project management plan for the project that outlines the scope, financing, budget, design, and construction resource requirements necessary for the non-Federal interest to execute the project, or a separable element of the project; (4) at the request of the non-Federal interest associated with each project identified under paragraph (1), enter into a project partnership agreement with the non-Federal interest under which the non-Federal interest is provided full project management control for the financing, design, or construction (or any combination thereof) of the project, or a separable element of the project, in accordance with plans approved by the Secretary; (5) following execution of a project partnership agreement under paragraph (4) and completion of all work under the agreement, issue payment, in accordance with subsection (g), to the relevant non-Federal interest for that work; and (6) regularly monitor and audit each project carried out under the program to ensure that all activities related to the project are carried out in compliance with plans approved by the Secretary and that construction costs are reasonable. (e) Selection criteria In identifying projects under subsection (d)(1), the Secretary shall consider the extent to which the project— (1) is significant to the economy of the United States; (2) leverages Federal investment by encouraging non-Federal contributions to the project; (3) employs innovative project delivery and cost-saving methods; (4) received Federal funds in the past and experienced delays or missed scheduled deadlines; (5) has unobligated Corps of Engineers funding balances; and (6) has not received Federal funding for recapitalization and modernization since the project was authorized. (f) Detailed project schedule Not later than 180 days after entering into a project partnership agreement under subsection (d)(4), a non-Federal interest, to the maximum extent practicable, shall submit to the Secretary a detailed project schedule for the relevant project, based on estimated funding levels, that specifies deadlines for each milestone with respect to the project. (g) Payment Payment to the non-Federal interest for work completed pursuant to a project partnership agreement under subsection (d)(4) may be made from— (1) if applicable, the balance of the unobligated amounts appropriated for the project; (2) other amounts appropriated to the Corps of Engineers, except that the total amount transferred to the non-Federal interest may not exceed the estimate of the Federal share of the cost of construction, including any required design; and (3) revenue generated by the project. (h) Technical assistance At the request of a non-Federal interest participating in the pilot program established under subsection (a), the Secretary may provide to the non-Federal interest, if the non-Federal interest contracts with and compensates the Secretary, technical assistance with respect to— (1) a study, engineering activity, or design activity related to a project carried out by the non-Federal interest under the program; and (2) obtaining permits necessary for such a project. (i) Identification of impediments (1) In general The Secretary shall— (A) except as provided in paragraph (2), identify any procedural requirements under the authority of the Secretary that impede greater use of public-private partnerships and private investment in water resources development projects; (B) develop and implement, on a project-by-project basis, procedures and approaches that— (i) address such impediments; and (ii) protect the public interest and any public investment in water resources development projects that involve public-private partnerships or private investment in water resources development projects; and (C) not later than 1 year after the date of enactment of this section, issue rules to carry out the procedures and approaches developed under subparagraph (B). (2) Rule of construction Nothing in this section may be construed to allow the Secretary to waive any requirement under— (A) sections 3141 through 3148 and sections 3701 through 3708 of title 40, United States Code; (B) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); or (C) any other provision of Federal law. (j) Public benefit studies (1) In general Before entering into a project partnership agreement under subsection (d)(4), the Secretary shall conduct an assessment of whether, and provide justification in writing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate that, the proposed agreement provides better public and financial benefits than a similar transaction using public funding or financing. (2) Requirements An assessment under paragraph (1) shall— (A) be completed in a period of not more than 90 days; (B) take into consideration any supporting materials and data submitted by the relevant non-Federal interest and other stakeholders; and (C) determine whether the proposed project partnership agreement is in the public interest by determining whether the agreement will provide public and financial benefits, including expedited project delivery and savings for taxpayers. (k) Non-Federal funding A project carried out under the pilot program established under subsection (a) may consist of the non-Federal interest financing the non-Federal share of the project. (l) Applicability of Federal law Any provision of Federal law that would apply to the Secretary if the Secretary were carrying out a project shall apply to a non-Federal interest carrying out a project under this section. (m) Cost share Nothing in this section affects a cost-sharing requirement under Federal law that is applicable to a project carried out under the pilot program established under subsection (a). (n) Report Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the results of the pilot program established under subsection (a), including any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis. (o) Non-Federal interest defined In this section, the term non-Federal interest includes non-Federal government entities and private entities. 118. Annual report to Congress (a) In general Not later than February 1 of each year, the Secretary shall develop and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate an annual report, to be entitled Report to Congress on Future Water Resources Development , that identifies the following: (1) Feasibility reports Each feasibility report that meets the criteria established in subsection (c)(1)(A). (2) Proposed feasibility studies Any proposed feasibility study submitted to the Secretary by a non-Federal interest pursuant to subsection (b) that meets the criteria established in subsection (c)(1)(A). (3) Proposed modifications Any proposed modification to an authorized water resources development project or feasibility study that meets the criteria established in subsection (c)(1)(A) that— (A) is submitted to the Secretary by a non-Federal interest pursuant to subsection (b); or (B) is identified by the Secretary for authorization. (b) Requests for proposals (1) Publication Not later than May 1 of each year, the Secretary shall publish in the Federal Register a notice requesting proposals from non-Federal interests for proposed feasibility studies and proposed modifications to authorized water resources development projects and feasibility studies to be included in the annual report. (2) Deadline for requests The Secretary shall include in each notice required by this subsection a requirement that non-Federal interests submit to the Secretary any proposals described in paragraph (1) by not later than 120 days after the date of publication of the notice in the Federal Register in order for such proposals to be considered for inclusion in the annual report. (3) Notification On the date of publication of each notice required by this subsection, the Secretary shall— (A) make the notice publicly available, including on the Internet; and (B) provide written notification of such publication to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (c) Contents (1) Feasibility reports, proposed feasibility studies, and proposed modifications (A) Criteria for inclusion in report The Secretary shall include in the annual report only those feasibility reports, proposed feasibility studies, and proposed modifications to authorized water resources development projects and feasibility studies that— (i) are related to the missions and authorities of the Corps of Engineers; (ii) require specific authorization by Congress in law or otherwise; (iii) are not authorized by Congress; (iv) have not been included in any previous annual report; and (v) if authorized, could be carried out by the Corps of Engineers. (B) Description of benefits For each proposed feasibility study and proposed modification to an authorized water resources development project or feasibility study included in the annual report, the Secretary shall describe the potential benefit of the proposed feasibility study or modification, including, to the extent applicable, whether the water resources development project that is the subject of the proposed feasibility study, or the proposed modification, will— (i) reduce risks to human life or public safety or property; (ii) benefit the national economy; (iii) stimulate the creation of jobs; (iv) reduce the need for future disaster relief; (v) promote the development and delivery of domestic energy resources; (vi) improve the competitiveness of United States exports; (vii) improve water-related transportation for interstate or international commerce; (viii) restore or protect, or mitigate the impacts of a water resources development project on, the environment; or (ix) promote the use of cost-effective and sustainable solutions to water resources challenges. (2) Transparency The Secretary shall include in the annual report, for each feasibility report, proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility study included under paragraph (1)(A)— (A) the name of the associated non-Federal interest, including the name of any non-Federal interest that has contributed, or is expected to contribute, a non-Federal share of the cost of— (i) the feasibility report; (ii) the proposed feasibility study; (iii) the authorized feasibility study for which the modification is proposed; or (iv) construction of— (I) the water resources development project that is the subject of— (aa) the feasibility report; (bb) the proposed feasibility study; or (cc) the authorized feasibility study for which a modification is proposed; or (II) the proposed modification to an authorized water resources development project; (B) a letter or statement of support for the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study from each associated non-Federal interest; (C) the purpose of the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study; (D) an estimate of the Federal, non-Federal, and total costs of— (i) the proposed feasibility study, or proposed modification to an authorized feasibility study; and (ii) construction of— (I) the water resources development project that is the subject of— (aa) the feasibility report; or (bb) the authorized feasibility study for which a modification is proposed, with respect to the change in costs resulting from such modification; or (II) the proposed modification to an authorized water resources development project; and (E) an estimate, to the extent practicable, of the monetary and nonmonetary benefits of— (i) the water resources development project that is the subject of— (I) the feasibility report; (II) the proposed feasibility study; or (III) the authorized feasibility study for which a modification is proposed, with respect to the benefits of such modification; or (ii) the proposed modification to an authorized water resources development project. (3) Certification The Secretary shall include in the annual report a certification stating that each feasibility report, proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility study included in the annual report meets the criteria in paragraph (1)(A). (4) Appendix The Secretary shall include in the annual report an appendix listing the proposals submitted under subsection (b) that were not included in the annual report under paragraph (1)(A) and a description of why the Secretary determined that those proposals did not meet the criteria for inclusion under such paragraph. (d) Special rule for initial annual report Notwithstanding any other deadlines required by this section, the Secretary shall— (1) not later than 30 days after the date of enactment of this Act, publish in the Federal Register a notice required by subsection (b)(1); (2) include in such notice a requirement that non-Federal interests submit to the Secretary any proposals described in subsection (b)(1) by not later than 90 days after the date of publication of such notice in the Federal Register in order for such proposals to be considered for inclusion in the first annual report developed by the Secretary under this section; and (3) not later than 180 days after the date of enactment of this Act, submit an annual report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (e) Publication Upon submission of the annual report to Congress, the Secretary shall make the annual report publicly available, including through publication on the Internet. (f) Definitions In this section, the following definitions apply: (1) Annual report The term annual report means the report required by subsection (a). (2) Feasibility report The term feasibility report means a final feasibility report developed under section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ), and includes— (A) a report described in section 105(d)(2) of such Act ( 33 U.S.C. 2215(d)(2) ); and (B) where applicable, any associated report of the Chief of Engineers. (3) Feasibility study The term feasibility study has the meaning given that term in section 105 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2215 ). (4) Non-Federal interest The term non-Federal interest has the meaning given that term in section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ). 119. Actions to be taken in conjunction with the President’s annual budget submission to Congress (a) Recommendations for Corps of Engineers construction projects in President’s budget (1) In general For each fiscal year, as part of the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code, the President shall— (A) identify and recommend Corps of Engineers construction projects for which Congress should provide funding at the full level authorized for the project; and (B) provide an explanation of the process used by the President in making the recommendations. (2) Covered period The President shall make recommendations under paragraph (1) for the fiscal year for which the budget submission is prepared and each of the succeeding 4 fiscal years. (3) Basis for making recommendations The President shall base recommendations under paragraph (1) on the assumption that $2,000,000,000 will be appropriated for Corps of Engineers construction projects for each fiscal year. (b) Missouri River Basin To assist in the prioritization of Federal activities carried out related to the project for mitigation of fish and wildlife losses, Missouri River Bank Stabilization and Navigation Project, Missouri, Kansas, Iowa, and Nebraska, authorized by section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143), and in conjunction with the President’s submission to Congress of a budget under section 1105(a) of title 31, United States Code, the Secretary shall submit to Congress a report that provides— (1) an inventory of all Federal actions taken and a prioritization of all Federal actions planned in furtherance of the project, including an inventory of lands owned, acquired, or directly controlled by the Federal Government, and lands enrolled in federally assisted conservation programs; (2) a description of the specific Federal actions proposed for the upcoming fiscal year in furtherance of the project; (3) an assessment of the progress made in furtherance of the project, including a description of how each of the actions identified under paragraph (1) have impacted such progress; and (4) an assessment of additional actions necessary to achieve the results of the project. 120. Hurricane and storm damage reduction study As part of the study for flood and storm damage reduction related to natural disasters to be carried out by the Secretary under title II of division A of the Disaster Relief Appropriations Act, 2013, under the heading Department of the Army—Corps of Engineers—Civil—Investigations (127 Stat. 5), the Secretary shall make specific project recommendations. In making recommendations pursuant to this section, the Secretary shall consult with key stakeholders, including State, county, and city governments, and, where applicable, State and local water districts, and in the case of recommendations concerning projects that substantially affect communities served by historically Black colleges and universities, Tribal Colleges and Universities, and other minority-serving institutions, the Secretary shall also consult with such colleges, universities, and institutions. The Secretary shall include those recommendations in the report entitled Report to Congress on Future Water Resources Development , developed in accordance with this Act. 121. Non-Federal plans to provide additional flood risk reduction (a) In general If requested by a non-Federal interest, the Secretary shall carry out a locally preferred plan that provides a higher level of protection than a flood risk management project authorized under this Act if the Secretary determines that— (1) the plan is technically feasible and environmentally acceptable; and (2) the benefits of the plan exceed the costs of the plan. (b) Non-Federal costs If the Secretary carries out a locally preferred plan under subsection (a), the cost attributable to the higher level of protection provided under the plan shall be paid by the non-Federal interest. 122. Review of emergency response authorities (a) In general The Secretary shall undertake a review of implementation of section 5 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved August 18, 1941 ( 33 U.S.C. 701n ), to evaluate the alternatives available to the Secretary to ensure— (1) the safety of affected communities to future flooding and storm events; (2) the resiliency of water resources development projects to future flooding and storm events; (3) the long-term cost effectiveness of water resources development projects that provide flood control and hurricane and storm damage reduction benefits; and (4) the policy goals and objectives that have been outlined by the President as a response to recent extreme weather events, including Hurricane Sandy, that relate to preparing for future floods are met. (b) Scope of review In carrying out the review, the Secretary shall— (1) review the historical precedents and implementation of section 5 of such Act, including those actions undertaken by the Secretary, over time, under that section— (A) to repair or restore a project; and (B) to increase the level of protection for a damaged project to address future conditions; (2) evaluate the difference between adopting, as an appropriate standard under section 5 of such Act, the repair or restoration of a project to pre-flood or pre-storm levels and the repair or restoration of a project to a design level of protection, including an assessment for each standard of— (A) the implications on populations at risk of flooding or damage; (B) the implications on probability of loss of life; (C) the implications on property values at risk of flooding or damage; (D) the implications on probability of increased property damage and associated costs; (E) the implications on local and regional economies; and (F) the estimated total cost and estimated cost savings; (3) review and evaluate the historic and potential uses, and economic feasibility for the life of the project, of nonstructural alternatives, including natural features such as dunes, coastal wetlands, floodplains, marshes, and mangroves, to reduce the damage caused by floods, storm surges, winds, and other aspects of extreme weather events, and to increase the resiliency and long-term cost-effectiveness of water resources development projects; (4) incorporate the science on expected rates of sea-level rise and extreme weather events; and (5) incorporate the work completed by the Hurricane Sandy Rebuilding Task Force, established by Executive Order No. 13632 (December 7, 2012). (c) Report to Congress Not later than 1 year after the date of enactment of this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the review. 123. Emergency communication of risk (a) In general In any river basin where the Secretary carries out flood risk management activities subject to an annual operating plan, the Secretary shall establish procedures for providing the public and affected governments, including Indian tribes, in the river basin with— (1) timely information regarding expected water levels; (2) advice regarding appropriate preparedness actions; (3) technical assistance; and (4) any other information or assistance determined appropriate by the Secretary. (b) Public availability of information To the maximum extent practicable, the Secretary, in coordination with the Administrator of the Federal Emergency Management Agency, shall make the information required under subsection (a) available to the public through widely used and readily available means, including on the Internet. (c) Procedures The Secretary shall utilize the procedures only when precipitation or runoff exceeds those calculations considered as the lowest risk to life and property contemplated by the annual operating plan. (d) Definitions In this section, the following definitions apply: (1) Affected government The term affected government means a State, local, or tribal government with jurisdiction over an area that will be affected by a flood. (2) Annual operating plan The term annual operating plan means a plan prepared by the Secretary that describes potential water condition scenarios for a river basin for a year. 124. Improvements to the National Dam Safety Program Act (a) Administrator (1) In general The National Dam Safety Program Act ( 33 U.S.C. 467 et seq. ) is amended by striking Director each place it appears and inserting Administrator . (2) Conforming amendment Section 2(3) of such Act ( 33 U.S.C. 467(3) ) is amended in the paragraph heading by striking Director and inserting Administrator . (b) Inspection of dams Section 3(b)(1) of such Act ( 33 U.S.C. 467a(b)(1) ) is amended by striking or maintenance and inserting maintenance, condition, or provision for emergency operations . (c) National dam safety program (1) Objectives Section 8(c)(4) of such Act ( 33 U.S.C. 467f(c)(4) ) is amended to read as follows: (4) develop and implement a comprehensive dam safety hazard education and public awareness initiative to assist the public in mitigating against, preparing for, responding to, and recovering from dam incidents; . (2) Board Section 8(f)(4) of such Act ( 33 U.S.C. 467f(f)(4) ) is amended by inserting , representatives from nongovernmental organizations, after State agencies . 125. Restricted areas at Corps of Engineers dams Section 2 of the Freedom to Fish Act ( Public Law 113–13 ; 127 Stat. 449) is amended— (1) in subsection (b)(1) by striking until the date that is 2 years after the date of enactment of this Act ; (2) in the heading of subsection (c) by inserting or Modified after New ; and (3) in subsection (c)— (A) in matter preceding paragraph (1) by inserting new or modified after establishes any ; and (B) in paragraph (3) by striking until the date that is 2 years after the date of enactment of this Act and inserting until the Secretary has complied with the provisions of this subsection . 126. Levee safety Section 22 of the Water Resources Development Act of 1974 ( 42 U.S.C. 1962d–16 ) is amended by redesignating subsection (e) as subsection (f) and inserting after subsection (d) the following: (e) Levee safety (1) In general At the request of a State or political subdivision thereof, and in consultation with that State and appropriate non-Federal interests, the Secretary may provide technical assistance to a State to— (A) encourage effective State or local programs intended to ensure levee safety to protect human life and property; (B) assist the State or political subdivision in establishing and carrying out a levee safety program; or (C) improve an existing State or local levee safety program. (2) Purposes The purposes of technical assistance provided under this subsection shall be— (A) to ensure that human lives and property that are protected by new and existing levees are safe; (B) to encourage the use of appropriate engineering policies and procedures for levee site investigation, design, construction, operation and maintenance, and emergency preparedness; (C) to encourage effective levee safety programs in a State; (D) to develop and support public education and awareness projects to increase public acceptance and support of levee safety programs; (E) to build public awareness of the residual risks associated with living in levee protected areas; and (F) to develop technical assistance materials, seminars, and guidelines to improve the security of levees in the United States. (3) Federal guidelines (A) In general In carrying out this subsection, the Secretary, in consultation with States and non-Federal interests, shall establish Federal guidelines relating to levee safety. (B) Incorporation of Federal activities The guidelines established under subparagraph (A) shall encompass, to the maximum extent practicable, activities and practices carried out by appropriate Federal agencies. (C) Incorporation of State and local activities The guidelines established under subparagraph (A) shall encompass, to the maximum extent practicable— (i) the activities and practices carried out by States, local governments, and the private sector to safely build, regulate, operate, and maintain levees; and (ii) Federal activities that facilitate State efforts to develop and implement effective State programs for the safety of levees, including levee inspection, levee rehabilitation, locally developed flood plain management, and public education and training programs. (D) Review The Secretary shall allow States and non-Federal interests, including appropriate stakeholders, to review and comment on the guidelines established under subparagraph (A) before the guidelines are made final. (4) Assistance for State levee safety programs (A) Eligibility To be eligible for technical assistance under this subsection, a State shall— (i) be in the process of establishing or have in effect a State levee safety program under which a State levee safety agency, in accordance with State law, carries out the guidelines established under paragraph (3); and (ii) allocate sufficient funds in the budget of that State to carry out such State levee safety program. (B) Work plans The Secretary shall enter into an agreement with each State receiving technical assistance under this subsection to develop a work plan necessary for the State levee safety program of that State to reach a level of program performance that meets the guidelines established under paragraph (3). (C) Inspection programs The Secretary shall work with States receiving technical assistance under this subsection to develop State technical guidelines for levee inspection programs that— (i) address hazard classifications and technically based frameworks for levee assessment; and (ii) are incorporated into State levee safety programs. (D) Maintenance of effort Technical assistance may not be provided to a State under this subsection during a fiscal year unless the State enters into an agreement with the Secretary to ensure that the State will maintain during that fiscal year aggregate expenditures for programs to ensure levee safety that are at or above the average annual level of such expenditures for the State for the 2 fiscal years preceding that fiscal year. . 127. Vegetation on levees (a) Review The Secretary of the Army, in accordance with subsection (c), shall undertake a comprehensive review of the Corps of Engineers policy guidelines on vegetation management for levees (in this section referred to as the guidelines ). The Secretary shall commence the review upon the date of enactment of this Act. (b) Factors (1) In general In conducting the review, the Secretary shall examine the guidelines in view of— (A) the varied interests and responsibilities in managing flood risks, including the need to provide the greatest levee safety benefit with limited resources; (B) preserving, protecting, and enhancing natural resources, including the potential benefit that vegetation on levees can have in providing habitat for species of concern; (C) protecting the rights of Indian tribes pursuant to treaties and statutes; (D) determining how vegetation impacts the performance of a levee or levee system during a storm or flood event; and (E) such other factors as the Secretary considers appropriate. (2) Regional and watershed considerations In conducting the review, the Secretary shall specifically consider factors that promote and allow for consideration of potential variances from national guidelines on a regional or watershed basis. Such factors may include regional or watershed soil conditions, hydrologic factors, vegetation patterns and characteristics, environmental resources, levee performance history, institutional considerations, and other relevant factors. The scope of a variance approved by the Secretary may include an exemption to national guidelines where appropriate. (c) Cooperation and recommendations (1) In general The review shall be undertaken in cooperation with interested Federal agencies and in consultation with interested representatives of State and local governments, Indian tribes, appropriate nongovernmental organizations, and the public. (2) Recommendations Corps of Engineers Regional Integration Teams, representing districts, divisions, and headquarters, in consultation with State and Federal resources agencies, and with participation by local agencies, shall recommend to the Secretary vegetation management policies for levees that conform with State and Federal laws and other applicable requirements. (d) Revision of guidelines (1) In general During the 1-year period beginning on the date of enactment of this Act, the Secretary shall— (A) provide the public 30 days to review and comment on the guidelines; (B) revise the guidelines based on consideration of the results of the public review; and (C) submit to Congress a report that contains a summary of the activities of the Secretary and a description of the findings of the Secretary under this section. (2) Content; incorporation into manual The revised guidelines shall— (A) provide a practical process for approving regional or watershed variances from the national guidelines, reflecting due consideration of measures to maximize public safety benefits with limited resources, levee performance, regional climatic and hydrologic variations, environmental quality, implementation challenges, and allocation of responsibilities; and (B) be incorporated into the manual proposed under section 5(c) of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved August 18, 1941 ( 33 U.S.C. 701n(c) ). (e) Continuation of work Concurrent with completion of the requirements of this section, the Secretary shall proceed without interruption or delay with those ongoing or programmed projects and studies, or elements of projects or studies, that are not directly related to vegetation variance policy. (f) Interim rule Until the date on which revisions to the guidelines are adopted under this section, the Secretary shall not require the removal of existing vegetation as a condition or requirement for any approval or funding of a project, or any other action, unless the specific vegetation has been demonstrated to present an unacceptable safety risk. 128. Reduction of Federal costs Section 204(a) of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326(a) ) is amended by adding at the end the following: (4) Reducing costs To reduce or avoid Federal costs, the Secretary shall consider the beneficial use of dredged material in a manner that contributes to the maintenance of sediment resources in the nearby coastal system. . 129. Advanced modeling technologies (a) In general To the greatest extent practicable, the Secretary shall encourage and incorporate advanced modeling technologies, including 3-dimensional digital modeling, for activities related to water resources development projects and studies. (b) Activities In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall— (1) compile information related to advanced modeling technologies, including industry best practices with respect to the use of the technologies; (2) disseminate to non-Federal interests the information described in paragraph (1); and (3) promote the use of advanced modeling technologies. (c) Advanced modeling technology defined In this section, the term advanced modeling technology means an available or developing technology, including 3-dimensional digital modeling, that can expedite project delivery for or improve the evaluation of water resources development projects that receive Federal funding by— (1) accelerating and improving the environmental review process; (2) increasing effective public participation; (3) enhancing the detail and accuracy of project designs; (4) increasing safety; (5) accelerating construction and reducing construction costs; or (6) otherwise achieving such purposes. 130. Enhanced use of electronic commerce in Federal procurement (a) Report Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the Secretary’s actions to carry out section 2301 of title 41, United States Code, regarding the use of electronic commerce in Federal procurement. (b) Contents The report submitted under subsection (a) shall include, with respect to the 2 fiscal years most recently ended before the fiscal year in which the report is submitted— (1) an identification of the number, type, and dollar value of procurement solicitations with respect to which the public was permitted to respond to the solicitation electronically, which shall differentiate between solicitations that allowed full or partial electronic submission; (2) an analysis of the information provided under paragraph (1) and actions that could be taken by the Secretary to refine and improve the use of electronic submission for procurement solicitation responses; (3) an analysis of the potential benefits of and obstacles to implementing fuller use of electronic submission for procurement solicitation responses, including with respect to cost savings, error reduction, paperwork reduction, increased bidder participation, and competition, and expanded use of electronic bid data collection for cost-effective contract management and timely reporting; and (4) an analysis of the options and technologies available to facilitate expanded implementation of electronic submission for procurement solicitation responses and the suitability of each option and technology for contracts of various types and sizes. 131. Corrosion prevention (a) In general To the greatest extent practicable, the Secretary shall encourage and incorporate corrosion prevention activities at water resources development projects. (b) Activities In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall ensure that contractors performing work for water resources development projects— (1) use best practices to carry out corrosion prevention activities in the field; (2) use industry recognized standards and corrosion mitigation and prevention methods when— (A) determining protective coatings; (B) selecting materials; and (C) determining methods of cathodic protection, design, and engineering for corrosion prevention; (3) use certified coating application specialists and cathodic protection technicians and engineers; (4) use best practices in environmental protection to prevent environmental degradation, and to ensure careful handling of all hazardous materials; (5) demonstrate a history of employing industry-certified inspectors to ensure adherence to best practices and standards; and (6) demonstrate a history of compliance with applicable requirements of the Occupational Safety and Health Administration. (c) Corrosion prevention activities defined In this section, the term corrosion prevention activities means— (1) the application and inspection of protective coatings for complex work involving steel and cementitious structures, including structures that will be exposed in immersion; (2) the installation, testing, and inspection of cathodic protection systems; and (3) any other activities related to corrosion prevention the Secretary determines appropriate. 132. Resilient construction and use of innovative materials The Secretary, to the extent practicable, shall encourage the use of durable, resilient, and sustainable materials and practices, including the use of geosynthetic materials, advanced composites, and innovative technologies, in carrying out the activities of the Corps of Engineers. 133. Assessment of water supply in arid regions (a) In general The Secretary shall conduct an assessment of the management practices, priorities, and authorized purposes at Corps of Engineers reservoirs in arid regions to determine the effects of such practices, priorities, and purposes on water supply during periods of drought. (b) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the assessment. 134. River basin commissions Section 5019 of the Water Resources Development Act of 2007 (121 Stat. 1201) is amended by adding at the end the following: (f) Report After each fiscal year, if the Secretary did not allocate funds in accordance with subsection (b), the Secretary, in conjunction with the President’s next submission to Congress of a budget under section 1105(a) of title 31, United States Code, shall submit to Congress a report that describes— (1) the reasons why the Secretary did not allocate funds in accordance with subsection (b) during that fiscal year; and (2) the impact, on the jurisdiction of each Commission specified in subsection (b), of not allocating the funds, including with respect to— (A) water supply allocation; (B) water quality protection; (C) regulatory review and permitting; (D) water conservation; (E) watershed planning; (F) drought management; (G) flood loss reduction; (H) recreation; and (I) energy development. . 135. Sense of Congress regarding water resources development bills (a) Findings Congress finds the following: (1) Between 1986 and 2000, a water resources development bill was typically enacted every 2 years. (2) Since 2000, only 1 water resources development bill has been enacted. (b) Sense of Congress 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. 136. Donald G. Waldon Lock and Dam It is the sense of Congress that, at an appropriate time and in accordance with the rules of the House of Representatives and the Senate, to recognize the contributions of Donald G. Waldon, whose selfless determination 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 Waterway 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 . 137. Aquatic invasive species Section 104(a) of the River and Harbor Act of 1958 ( 33 U.S.C. 610(a) ) is amended by inserting and aquatic invasive species after noxious aquatic plant growths . 138. Recreational access (a) In general The Secretary may not prohibit the use of a floating cabin on waters under the jurisdiction of the Secretary if— (1) the floating cabin is in compliance regulations for recreational vessels issued under chapter 43 of title 46, United States Code, and section 312 of the Federal Water Pollution Control Act ( 33 U.S.C. 1322 ); and (2) the Secretary has authorized the use of recreational vessels on such waters. (b) Floating cabin defined In this section, the term floating cabin means a vessel, as defined in section 3 of title 1, United States Code, with overnight accommodations. 139. Territories of the United States Section 1156 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2310 ) is amended— (1) by striking The Secretary shall waive and inserting (a) In general .—The Secretary shall waive ; (2) in subsection (a), as so designated, by inserting Puerto Rico, before and the Trust Territory of the Pacific Islands ; and (3) by adding at the end the following: (b) Inflation adjustment The Secretary shall adjust the dollar amount specified in subsection (a) for inflation for the period beginning on November 17, 1986, and ending on the date of enactment of this subsection. . 140. Sense of Congress regarding interstate water agreements and compacts (a) Findings Congress finds the following: (1) States and local interests have primary responsibility for developing water supplies for domestic, municipal, industrial, and other purposes. (2) 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. (3) Interstate water disputes are most properly addressed through interstate water agreements or compacts that take into consideration the concerns of all affected States. (b) Sense of Congress It is the sense of Congress that— (1) Congress and the Secretary should urge States to reach agreement on interstate water agreements and compacts; (2) 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; (3) Congress should provide prompt consideration of interstate water agreements and compacts; and (4) 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. 141. Report on surface elevations at drought effected lakes (a) Assessment (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary, in coordination with the 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— (A) lake levels and rule curves in areas of previous, current, and prolonged drought; and (B) the effect the long-term FERC licenses have on the Secretary’s ability to manage lakes for hydropower generation, navigation, flood protection, water supply, fish and wildlife, and recreation. (2) Report The Secretary, in coordination with the FERC, shall submit to Congress a report on the assessment carried out under paragraph (1). 142. 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) Establishment of 10-Year plans for the utilization of future storage (1) In general Beginning 180 days after the date of enactment of this subsection and not later than January 1, 2016, the Secretary may accept from an interested State or local interest a submission of a plan for the utilization of future use water storage under this Act. (2) Contents A plan submitted under paragraph (1) shall include— (A) a 10-year timetable for conversion of future use storage to present use; and (B) a schedule of actions that the State or local interest agrees to carry out over a 10-year period, in cooperation with the Corps of Engineers, to seek new and alternative users of future water storage that is contracted to the State or local interest on the date of enactment of this subsection. . 143. Congressional consent for new project purposes Nothing in this Act authorizes the Secretary to carry out, at a Corps of Engineers dam or reservoir, any project for a purpose not otherwise authorized as of the date of enactment of this Act. 144. Multiagency effort to slow the spread of asian carp in the upper mississippi river and ohio river basins and tributaries (a) Multiagency effort To slow the spread of Asian Carp in the Upper Mississippi and Ohio River basins and tributaries (1) In general The Director of the United States Fish and Wildlife Service, in coordination with the Chief of Engineers, the Director of the National Park Service, and the Director of the United States Geological Survey, shall lead a multiagency effort to slow the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries by providing technical assistance, coordination, best practices, and support to State and local governments in carrying out activities designed to slow, and eventually eliminate, the threat posed by Asian carp. (2) Best practices To the maximum extent practicable, the multiagency effort shall apply lessons learned and best practices such as those described in the document prepared by the Asian Carp Working Group entitled Management and Control Plan for Bighead, Black, Grass, and Silver Carps in the United States and dated November 2007, and the document prepared by the Asian Carp Regional Coordinating Committee entitled FY 2012 Asian Carp Control Strategy Framework and dated February 2012. (b) Report to Congress (1) In general Not later than December 31 of each year, the Director of the United States Fish and Wildlife Service, in coordination with the Chief of Engineers, shall submit to the Committee on Appropriations, the Committee on Natural Resources, and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Appropriations and the Committee on Environment and Public Works of the Senate a report describing the coordinated strategies established and progress made toward the goals of controlling and eliminating Asian carp in the Upper Mississippi and Ohio River basins and tributaries. (2) Contents Each report submitted under paragraph (1) shall include— (A) 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; (B) a summary of Federal agency efforts, including cooperative efforts with non-Federal partners, to control the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries; (C) any research that the Director determines could improve the ability to control the spread of Asian carp; (D) any quantitative measures that the Director intends to use to document progress in controlling the spread of Asian carp; and (E) a cross-cut accounting of Federal and non-Federal expenditures to control the spread of Asian carp. 145. Aquatic invasive species prevention and control (a) Assessment The Comptroller General of the United States shall conduct an assessment of the Federal costs of, and spending on, aquatic invasive species. (b) Contents The assessment conducted under subsection (a) shall include— (1) identification of current Federal spending on, and projected future Federal costs of, operation and maintenance related to mitigating the impacts of aquatic invasive species on federally owned or operated facilities; (2) identification of current Federal spending on aquatic invasive species prevention; (3) analysis of whether spending identified in paragraph (2) is adequate for the maintenance and protection of services provided by federally owned or operated facilities, based on the current spending and projected future costs identified in paragraph (1); and (4) review of any other aspect of aquatic invasive species prevention or mitigation determined appropriate by the Comptroller General. (c) Findings Not later than one year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Environment and Public Works and the Committee on Energy and Natural Resources of the Senate and the Committee on Transportation and Infrastructure and the Committee on Natural Resources of the House of Representatives a report containing the findings of the assessment conducted under subsection (a). 146. National Ocean Policy implementation (a) Findings Congress finds that— (1) the July 19, 2010, Executive Order No. 13547 that established the National Policy for the Stewardship of the Ocean, Our Coasts, and the Great Lakes (in this section referred to as the National Ocean Policy ) among other things requires Federal implementation of ecosystem-based management to achieve a fundamental shift in how the United States manages ocean, coastal, and Great Lakes resources, and the establishment of 9 new governmental Regional Planning Bodies and Coastal and Marine Spatial Plans in every region of the United States; (2) Executive Order No. 13547 created a 54-member National Ocean Council led by the White House Council on Environmental Quality and Office of Science and Technology Policy that includes principal and deputy-level representatives from Federal entities, including the Department of Defense; (3) Executive Order No. 13547 requires National Ocean Council members, including the Department of Defense, to take action to implement the National Ocean Policy and participate in Coastal and Marine Spatial Planning to the fullest extent; (4) the Final Recommendations that were adopted by Executive Order No. 13547 state that effective implementation of the National Ocean Policy will require clear and easily understood requirements and regulations, where appropriate, that include enforcement as a critical component ; (5) despite repeated congressional requests, the National Ocean Council, which is charged with overseeing National Ocean Policy implementation, has still not provided a complete accounting of Federal activities taken and resources expended and allocated in furtherance of National Ocean Policy implementation; (6) the Corps of Engineers is participating on at least one Coastal and Marine Spatial Planning Regional Team ; and (7) the Nation’s continued economic and budgetary challenges underscore the necessity for sound, transparent, and practical Federal policies. (b) Prohibition None of the programs or actions authorized under this Act may be used to further implementation of the coastal and marine spatial planning and ecosystem-based management components of the National Ocean Policy developed under Executive Order No. 13547. (c) Study Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing all activities engaged in and resources expended in furtherance of Executive Order No. 13547 since it was issued on July 19, 2010, as well as any fiscal year 2014 budget requests in support of National Ocean Policy implementation. 147. Calculation of benefits and costs for flood damage reduction and hurricane and storm damage reduction projects (a) In general A feasibility study conducted by the Secretary for a project for flood damage reduction or hurricane and storm damage reduction shall include, as part of the calculation of benefits and costs— (1) a calculation of the anticipated reduction in flood or hurricane damage to public and private property and infrastructure resulting from the completion of the proposed project; (2) a calculation of the anticipated direct and indirect economic benefits resulting from the completion of the proposed project, including such benefits from any potential reductions in national and regional economic volatility, disruptions, and losses; and (3) a calculation of the anticipated benefits to public safety, including protection of evacuation routes, resulting from the completion of the proposed project. (b) Applicability This section shall apply to any feasibility study for a project for flood damage reduction or hurricane and storm damage reduction that has not been completed before the date of enactment of this Act. II Navigation Improvements A Ports 201. Expanded use of Harbor Maintenance Trust Fund (a) In general For any fiscal year in which target appropriations described in subsection (b) are met, the Secretary may use up to 5 percent of the total amount made available to the Secretary from the Harbor Maintenance Trust Fund for the eligible operations and maintenance costs described in section 210(a)(2) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238(a)(2) ) for that fiscal year for expanded uses of the Harbor Maintenance Trust Fund. (b) Target appropriations For purposes of this section, target appropriations are met for a fiscal year if the total amount made available to the Secretary from the Harbor Maintenance Trust Fund for that fiscal year equals or exceeds, as determined by the Secretary, the following: (1) For fiscal year 2014, 65 percent of the total amount of harbor maintenance taxes received in fiscal year 2013. (2) For fiscal year 2015, 67 percent of the total amount of harbor maintenance taxes received in fiscal year 2014. (3) For fiscal year 2016, 69 percent of the total amount of harbor maintenance taxes received in fiscal year 2015. (4) For fiscal year 2017, 71 percent of the total amount of harbor maintenance taxes received in fiscal year 2016. (5) For fiscal year 2018, 73 percent of the total amount of harbor maintenance taxes received in fiscal year 2017. (6) For fiscal year 2019, 75 percent of the total amount of harbor maintenance taxes received in fiscal year 2018. (7) For fiscal year 2020, and each fiscal year thereafter, 80 percent of total amount of harbor maintenance taxes received in the previous fiscal year. (c) Definitions In this section, the following definitions apply: (1) Eligible harbors and inland harbors defined The term eligible harbor or inland harbor means a harbor or inland harbor that, historically, as determined by the Secretary— (A) generates an amount of harbor maintenance taxes; that exceeds (B) the value of work carried out for the harbor or inland harbor using amounts from the Harbor Maintenance Trust Fund. (2) Expanded uses The term expanded uses means the following activities performed for an eligible harbor or inland harbor: (A) The maintenance dredging of a berth in a harbor that is accessible to a Federal navigation project and that benefits commercial navigation at the harbor. (B) The maintenance dredging and disposal of legacy-contaminated sediment, and sediment unsuitable for open water disposal, if— (i) such dredging and disposal benefits commercial navigation at the harbor; and (ii) such sediment— (I) is located in and affects the maintenance of a Federal navigation project; or (II) is located in a berth that is accessible to a Federal navigation project. (3) Total amount of harbor maintenance taxes received The term total amount of harbor maintenance taxes received means, with respect to a fiscal year, the aggregate of amounts appropriated, transferred, or credited to the Harbor Maintenance Trust Fund under section 9505(a) of the Internal Revenue Code of 1986 for that fiscal year as set forth in the current year estimate provided in the President’s budget request for the subsequent fiscal year, submitted pursuant to section 1105 of title 31, United States Code. (d) Conforming amendment Section 9505(c)(1) of the Internal Revenue Code of 1986 is amended by striking (as in effect on the date of the enactment of the Water Resources Development Act of 1996) . (e) Sense of Congress It is the sense of Congress that any increase in harbor maintenance programs described in this section shall result from an overall increase in appropriations for the civil works program of the Corps of Engineers and not from similar reductions in the appropriations for other programs, projects, and activities carried out by the Corps of Engineers for other authorized purposes. 202. Assessment and prioritization of operation and maintenance (a) Assessment Section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 ) is amended by adding at the end the following: (c) Assessment of operation and maintenance needs (1) In general Not later than 90 days after the date of enactment of this subsection, and biennially thereafter, the Secretary shall assess the operation and maintenance needs of the harbors referred to in subsection (a)(2). (2) Types of harbors In carrying out paragraph (1), the Secretary shall assess the operation and maintenance needs of the harbors used for— (A) commercial navigation; (B) commercial fishing; (C) subsistence, including utilization by Indian tribes (as such term is defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )) for subsistence and ceremonial purposes; (D) use as a harbor of refuge; (E) transportation of persons; (F) purposes relating to domestic energy production, including the fabrication, servicing, or supply of domestic offshore energy production facilities; (G) activities of the Secretary of the department in which the Coast Guard is operating; (H) activities of the Secretary of the Navy; (I) public health and safety related equipment for responding to coastal and inland emergencies; (J) recreation purposes; and (K) any other authorized purpose. (3) Report to Congress For fiscal year 2015, and biennially thereafter, in conjunction with the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that, with respect to harbors referred to in subsection (a)(2)— (A) identifies the operation and maintenance costs associated with the harbors, including those costs required to achieve and maintain the authorized length, width, and depth for the harbors and the costs for expanded uses (as such term is defined in section 201(c)(2) of the Water Resources Reform and Development Act of 2013), on a project-by-project basis; (B) identifies the amount of funding requested in the President’s budget for the operation and maintenance costs associated with the harbors, on a project-by-project basis; (C) identifies the unmet operation and maintenance needs associated with the harbors, on a project-by-project basis; and (D) identifies the harbors for which the President will allocate funding over the next 5 fiscal years for operation and maintenance activities, on a project-by-project basis, including the amounts to be allocated for such purposes. . (b) Operation and maintenance of emerging harbor projects Section 210 of such Act ( 33 U.S.C. 2238 ) is further amended by adding at the end the following: (d) Operation and maintenance of emerging harbor projects (1) In general To the maximum extent practicable, the Secretary shall make expenditures to pay for operation and maintenance costs of the harbors referred to in subsection (a)(2), including expenditures of funds appropriated from the Harbor Maintenance Trust Fund, based on an equitable allocation of funds among all such harbors, regardless of the size or tonnage throughput of the harbor. (2) Criteria In determining the equitable allocation of funds under paragraph (1), the Secretary shall— (A) utilize the information obtained in the assessment conducted under subsection (c); (B) consider the national and regional significance of harbor operation and maintenance; (C) where appropriate, consider national security and military readiness needs in consultation with the Secretary of the Navy; and (D) not make such allocation based solely on the tonnage transiting through a harbor. (3) Emerging harbors (A) In general Notwithstanding paragraph (1), in making expenditures described in paragraph (1) for each of fiscal years 2015 and 2016, the Secretary shall allocate not less than 10 percent of the total amount of the expenditures to pay for operation and maintenance costs of emerging harbors. (B) Emerging harbor defined In this paragraph, the term emerging harbor means a harbor referred to in subsection (a)(2) that transits less than 1,000,000 tons of commerce annually. (4) Emergency expenditures Nothing in this subsection may be construed to prohibit the Secretary from making an expenditure to pay for the operation and maintenance costs of a specific harbor, including the transfer of funding from the operation and maintenance of a separate project, if— (A) the Secretary determines that the action is necessary to address the navigation needs of a harbor where safe navigation has been severely restricted due to an unforeseen event; and (B) the Secretary provides advance notice and information on the need for the action to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Environment and Public Works and the Committee on Appropriations of the Senate. (5) Management of Great Lakes Navigation System To sustain effective and efficient operation and maintenance of the Great Lakes Navigation System, including any navigation feature in the Great Lakes that is a Federal responsibility with respect to operation and maintenance, the Secretary shall manage and allocate funding for all of the individually authorized projects in the Great Lakes Navigation System as components of a single, comprehensive system, recognizing the interdependence of the projects. . 203. Preserving United States harbors (a) In general The Secretary may enter into an agreement with a non-Federal interest, at the request of the non-Federal interest, under which the Secretary agrees to maintain a navigation project for a harbor or inland harbor (in this section referred to as a ‘‘federally authorized harbor’’) in accordance with section 101(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b) ). (b) Report by non-Federal interest (1) In general To be eligible to enter into an agreement under subsection (a) with respect to a federally authorized harbor, a non-Federal interest shall submit to the Secretary a report justifying economic investment in maintenance of the harbor. (2) Justification of investment A report submitted under paragraph (1) may justify economic investment in the maintenance of a federally authorized harbor based on— (A) projected economic benefits, including transportation savings and job creation; and (B) other factors, including navigation safety, national security, and sustainability of subsistence harbors. (3) Termination of certain agreements An agreement entered into under subsection (a) with respect to a federally authorized harbor shall contain terms to allow the Secretary to terminate the agreement if the Secretary determines that Federal economic investment in maintaining the harbor is no longer justified. (c) Limitation on statutory construction Nothing in this section may be construed to preclude the operation and maintenance of a federally authorized harbor under section 101(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b) ). 204. Consolidation of deep draft navigation expertise Section 2033(e) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2282a(e) ) is amended by adding at the end the following: (3) Deep draft navigation planning center of expertise (A) In general The Secretary shall consolidate deep draft navigation expertise within the Corps of Engineers into a deep draft navigation planning center of expertise. (B) List Not later than 60 days after the date of the consolidation required under subparagraph (A), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a list of personnel, including the grade levels and expertise of the personnel, assigned to the center described in subparagraph (A). . 205. Disposal sites (a) In general The Secretary, in accordance with subsections (b) and (c) and with the concurrence of the Administrator of the Environmental Protection Agency, is authorized to reopen the Cape Arundel Disposal Site (in this section referred to as the Site ) as an alternative dredged material disposal site under section 103(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 ( 33 U.S.C. 1413(b) ). (b) Deadline The Site may remain open under subsection (a) until the earlier of— (1) the date on which the Site does not have any remaining disposal capacity; (2) the date on which an environmental impact statement designating an alternative dredged material disposal site for southern Maine has been completed; or (3) the date that is 5 years after the date of enactment of this Act. (c) Limitations The use of the Site as a dredged material disposal site under subsection (a) shall be subject to the conditions that— (1) conditions at the Site remain suitable for the continued use of the Site as a dredged material disposal site; and (2) the Site not be used for the disposal of more than 80,000 cubic yards from any single dredging project. 206. Harbor Maintenance Trust Fund study (a) Definitions In this section: (1) Low-use port The term low-use port means a port at which not more than 1,000,000 tons of cargo are transported each calendar year. (2) Moderate-use port The term moderate-use port means a port at which more than 1,000,000, but fewer than 10,000,000, tons of cargo are transported each calendar year. (b) Study Not later than 270 days after the date of enactment of this Act, the Comptroller General of the United States shall carry out a study and submit to Congress a report that— (1) evaluates the effectiveness of activities funded by the Harbor Maintenance Trust Fund in maximizing economic growth and job creation in the communities surrounding low- and moderate-use ports; and (2) includes recommendations relating to the use of amounts in the Harbor Maintenance Trust Fund to increase the competitiveness of United States ports relative to Canadian and Mexican ports. B Inland Waterways 211. Definitions In this subtitle, the following definitions apply: (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 waterways that is— (A) authorized before, on, or after the date of enactment of this Act; (B) not completed on the date of enactment of this Act; and (C) funded at least in part from the Inland Waterways Trust Fund. 212. 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 management training and certification; and (B) the project manager be assigned from among personnel 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 implemented— (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 feasibility 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 qualifying projects to improve the likelihood of on-time and on-budget completion of qualifying projects; (2) evaluate early contractor involvement acquisition procedures 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 Secretary of an applicable military construction program; (B) the development and use of a portfolio of standard designs for inland navigation locks; (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 procedures 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 User 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 recommendations 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 recommendations to the Secretary regarding construction and rehabilitation priorities and spending levels; (B) advice and recommendations to Congress regarding any completed feasibility report in accordance with section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ) relating to those features and components; (C) advice and recommendations to Congress regarding an increase in the authorized cost of those features and components; (D) not later than 60 days after the date of the submission 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 informal 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. (4) Independent judgment Any advice or recommendation made by the Users Board to the Secretary shall reflect the independent judgment of the Users Board. ; (2) by striking subsection (c) and inserting the following: (c) Duties of Secretary The Secretary shall— (1) communicate not less than once each quarter to the Users Board the status of the study, design, or construction of all commercial navigation features or components of the inland waterways or inland harbors of the United States; and (2) submit to the Users Board a courtesy copy of all completed feasibility reports relating to a commercial navigation feature or component of the inland waterways or inland harbors of the United States. (d) Capital investment program (1) In general Not later than 1 year after the date of enactment of this subsection, the Secretary, in coordination with the Users Board, shall develop and submit to Congress a report describing a 20-year program for making capital investments on the inland and intracoastal waterways based on the application of objective, national project selection prioritization criteria. (2) Consideration In developing the program under paragraph (1), the Secretary shall take into consideration the 20-year capital investment strategy contained in the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Users Board. (3) Criteria In developing the plan and prioritization criteria under paragraph (1), the Secretary shall ensure, to the maximum extent practicable, that investments made under the 20-year program described in paragraph (1)— (A) are made in all geographical areas of the inland waterways system; and (B) ensure efficient funding of inland waterways projects. (4) Strategic review and update Not later than 5 years after the date of enactment of this subsection, and not less frequently than once every 5 years thereafter, the Secretary, in coordination with the Users Board, shall— (A) submit to Congress a strategic review of the 20-year program in effect under this subsection, which shall identify and explain any changes to the project-specific recommendations contained in the previous 20-year program (including any changes to the prioritization criteria used to develop the updated recommendations); and (B) make revisions to the program, as appropriate. (e) Project management plans The chairperson of the Users Board and the project development team member appointed by the chairperson under subsection (b)(3) may sign the project management plan for the 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. (f) Administration The Users Board shall be subject to the Federal Advisory Committee Act, other than section 14, and, with the consent of the appropriate agency head, the Users Board may use the facilities and services of any Federal agency. For the purposes of complying with such Act, the members of the Users Board shall not be considered special Government employees (as defined in section 202 of title 18, United States Code). Non-Federal members of the Users Board while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. . 213. Efficiency of revenue collection Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall prepare a report on the efficiency of collecting the fuel tax for the Inland Waterways Trust Fund, which shall include— (1) an evaluation of whether current methods of collection of the fuel tax result in full compliance with requirements of the law; (2) whether alternative methods of collection would result in increased revenues into the Inland Waterways Trust Fund; and (3) an evaluation of alternative collection options. 214. Inland waterways revenue studies (a) Inland waterways construction bonds study (1) Study The Secretary, in coordination with the Secretary of the Treasury, shall conduct a study on the feasibility of authorizing the issuance of federally tax-exempt bonds secured against the available proceeds, including projected annual receipts, in the Inland Waterways Trust Fund established by section 9506(a) of the Internal Revenue Code of 1986. (2) Contents In carrying out the study, the Secretary and the Secretary of the Treasury shall examine the implications of issuing such bonds, including the potential revenues that could be generated and the projected net cost to the Treasury, including loss of potential revenue. (3) Consultation In carrying out the study, the Secretary and the Secretary of the Treasury, at a minimum, shall consult with— (A) representatives of the Inland Waterway Users Board established by section 302 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2251 ); (B) representatives of the commodities and bulk cargos that are currently shipped for commercial purposes on the segments of the inland and intracoastal waterways listed in section 206 of the Inland Waterways Revenue Act of 1978 ( 33 U.S.C. 1804 ); (C) representatives of other users of locks and dams on the inland and intracoastal waterways, including persons owning, operating, using, or otherwise benefitting from— (i) hydropower generation facilities; (ii) electric utilities that rely on the waterways for cooling of existing electricity generation facilities; (iii) municipal and industrial water supply; (iv) recreation; (v) irrigation water supply; or (vi) flood damage reduction; (D) other stakeholders associated with the inland and intracoastal waterways, as identified by the Secretary or the Secretary of the Treasury; and (E) the heads of other appropriate Federal agencies, including the Secretary of Transportation, the Secretary of the Interior, and the Administrator of the Environmental Protection Agency. (4) Report to Congress Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of the Treasury shall submit a joint report on the results of the study to— (A) the Committee on Transportation and Infrastructure, the Committee on Ways and Means, and the Committee on the Budget of the House of Representatives; and (B) the Committee on Environment and Public Works, the Committee on Finance, and the Committee on the Budget of the Senate. (b) Potential fees for beneficiaries and users of inland and intracoastal waterways infrastructure (1) In general The Secretary shall conduct a study and submit to Congress a report on potential user fees and revenues from other sources that could be collected to generate additional revenues for the Inland Waterways Trust Fund established by section 9506(a) of the Internal Revenue Code of 1986. (2) Scope of study (A) In general In carrying out the study, the Secretary shall evaluate an array of potential user fees and other revenues options that, when combined with funds generated by section 4042 of the Internal Revenue Code of 1986, are sufficient to support one-half of annual construction expenditure levels of $380,000,000 for the authorized purposes of the Inland Waterways Trust Fund. (B) Potential Revenue Options for Study In carrying out the study, the Secretary, at a minimum, shall evaluate potential user fees and other revenue options identified in— (i) the report of the Congressional Budget Office entitled Paying for Highways, Airways, and Waterways: How Can Users Be Charged? , dated May 1, 1992; (ii) the draft bill submitted by the Assistant Secretary of the Army (Civil Works) to Congress entitled the Lock User Fee Act of 2008 , dated April 4, 2008; (iii) the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report, published on April 12, 2010, as approved by the Inland Waterways Users Board established by section 302 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2251 ); and (iv) the draft bill submitted by the President to Congress entitled the Inland Waterways Capital Investment Act of 2011 , dated September 2011. (3) Conduct of study In carrying out the study, the Secretary shall— (A) take into consideration whether the potential user fees and revenues from other sources— (i) are equitably associated with the construction, operation, and maintenance of inland and intracoastal waterway infrastructure, including locks, dams, and navigation channels; and (ii) can be efficiently collected; (B) consult with, at a minimum— (i) representatives of the Inland Waterways Users Board; and (ii) representatives of other nonnavigation beneficiaries of inland and intracoastal waterway infrastructure, including persons benefitting from— (I) municipal water supply; (II) hydropower; (III) recreation; (IV) industrial water supply; (V) flood damage reduction; (VI) agricultural water supply; (VII) environmental restoration; (VIII) local and regional economic development; or (IX) local real estate interests; and (iii) representatives of other interests, as identified by the Secretary; and (C) provide the opportunity for public hearings in each of the geographic regions that contain segments of the inland and intracoastal waterways listed in section 206 of the Inland Waterways Revenue Act of 1978 ( 33 U.S.C. 1804 ). (4) Report to Congress Not later than 1 year after the date of enactment of this Act, the Secretary shall submit a report on the results of the study to— (A) the Committee on Transportation and Infrastructure, the Committee on Ways and Means, and the Committee on the Budget of the House of Representatives; and (B) the Committee on Environment and Public Works, the Committee on Finance, and the Committee on the Budget of the Senate. 215. Inland waterways stakeholder roundtable (a) In general The Secretary shall conduct an inland waterways stakeholder roundtable to provide for a review and evaluation of alternative approaches— (1) to address the financial needs of the Inland Waterways Trust Fund; and (2) to support the water infrastructure needs of the Inland Waterways System. (b) Selection of participants (1) In general Not later than 45 days after the date on which the Secretary submits to Congress the report required by section 214(b), the Secretary shall select individuals to be invited to participate in the stakeholder roundtable. (2) Composition The individuals selected under paragraph (1) shall include— (A) representatives of affected shippers and suppliers; (B) representatives of State and Federal water managers; and (C) other interested persons with direct knowledge of the Inland Waterways System. (c) Framework and agenda The Secretary shall work with a group of the individuals selected under subsection (b) to develop the framework and agenda for the stakeholder roundtable. (d) Conduct of stakeholder roundtable (1) In general Not later than 120 days after the date on which the Secretary submits to Congress the report required by section 214(b), the Secretary shall conduct the stakeholder roundtable. (2) Issues to be discussed The stakeholder roundtable shall provide for the review and evaluation described in subsection (a) and shall include the following: (A) An evaluation of alternatives that have been developed to address funding options for the Inland Waterways System. (B) An evaluation of the funding status of the Inland Waterways Trust Fund. (C) Prioritization of the ongoing and projected water infrastructure needs of the Inland Waterways System. (D) Identification of a process forward for meeting such needs, with timeline for addressing the funding challenges for the inland waterways trust system. (e) Report to Congress Not later than 180 days after the date on which the Secretary submits to Congress the report required by section 214(b), the Secretary shall submit to Congress a report that contains— (1) a summary the stakeholder roundtable, including areas of concurrence on funding approaches and areas or disagreement in meeting funding needs; and (2) recommendations developed by the Secretary for logical next steps to address the issues discussed at the stakeholder roundtable. 216. Preserving the Inland Waterway Trust Fund (a) Olmsted project reform (1) In general Notwithstanding section 3(a)(6) of the Water Resources Development Act of 1988 (102 Stat. 4013), for each fiscal year beginning after the date of enactment of this Act, 25 percent of the cost of construction for the Olmsted Project shall be paid from amounts appropriated from the Inland Waterways Trust Fund. (2) Definition In this subsection the term Olmsted Project means the project for navigation, Lower Ohio River, Locks 52 and 53, Illinois and Kentucky, authorized by section 3(a)(6) of the Water Resources Development Act of 1988 (102 Stat. 4013). (3) Sense of Congress It is the sense of Congress that the appropriation for the Olmsted project should be not less than $150,000,000 for each fiscal year until construction of the project is completed. (4) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate regarding the lessons learned from the experience of planning and constructing the Olmsted Project and how such lessons might apply to future inland waterway studies and projects. (b) Annual report on progress and costs For any inland waterways project that the Secretary carries out that has an estimated total cost of $500,000,000 or more, the Secretary shall submit to the congressional committees referred to in subsection (a)(4) an annual financial plan for the project. The plan shall be based on detailed annual estimates of the cost to complete the remaining elements of the project and on reasonable assumptions, as determined by the Secretary, of any future increases of the cost to complete the project. 217. Public comment on lock operations At least 90 days before carrying out a proposed modification to the operation of a lock at a project for navigation on the inland waterways, the Secretary shall— (1) provide notice of the proposed modification in the Federal Register; and (2) accept public comments on the proposed modification. 218. Assessment of operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway (a) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall assess the operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway. (b) Types of activities In carrying out subsection (a), the Secretary shall assess the operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway as used for the following purposes: (1) Commercial navigation. (2) Commercial fishing. (3) Subsistence, including utilization by Indian tribes (as such term is defined by section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )) for subsistence and ceremonial purposes. (4) Use as ingress and egress to harbors of refuge. (5) Transportation of persons. (6) Purposes relating to domestic energy production, including fabrication, servicing, and supply of domestic offshore energy production facilities. (7) Activities of the Secretary of the department in which the Coast Guard is operating. (8) Public health and safety related equipment for responding to coastal and inland emergencies. (9) Recreation purposes. (10) Any other authorized purpose. (c) Report to Congress For fiscal year 2015, and biennially thereafter, in conjunction with the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that, with respect to the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway— (1) identifies the operation and maintenance costs required to achieve the authorized length, width, and depth; (2) identifies the amount of funding requested in the President’s budget for operation and maintenance costs; and (3) identifies the unmet operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway. 219. Upper Mississippi River protection (a) Economic impact study Not later than 180 days after the date of enactment of this Act, the Secretary shall conduct a study and submit to Congress a report on the impact of closing the Upper St. Anthony Falls Lock and Dam on the economy and the environment, including an assessment of the annual average tonnage moving through the Upper St. Anthony Falls Lock and Dam during the preceding 5 years. (b) Mandatory Closure Not later than 1 year after the date of enactment of this Act, the Secretary shall close the Upper St. Anthony Falls Lock and Dam if the Secretary determines pursuant to the study conducted under subsection (a), or based on other appropriate information made available to the Secretary, that the annual average tonnage moving through the Upper St. Anthony Falls Lock and Dam during the preceding 5 years was not more than 1,500,000 tons. (c) Emergency operations Nothing in this section may be construed to prevent the Secretary from carrying out emergency lock operations necessary to mitigate flood damage. (d) Upper St. Anthony Falls Lock and Dam defined In this section, the term Upper St. Anthony Falls Lock and Dam means the lock and dam located on Mississippi River Mile 853.9 in Minneapolis, Minnesota. 220. Corps of Engineers lock and dam energy development Section 1117 of the Water Resources Development Act of 1986 (100 Stat. 4236) is amended to read as follows: 1117. W.D. Mayo Lock and Dam (a) In General The Cherokee Nation of Oklahoma may— (1) design and construct one or more hydroelectric generating facilities at the W.D. Mayo Lock and Dam on the Arkansas River, Oklahoma; and (2) market the electricity generated from any such facility. (b) Preconstruction Requirements (1) Permits Before the date on which construction of a hydroelectric generating facility begins under subsection (a), the Cherokee Nation shall obtain any permit required under Federal or State law, except that the Cherokee Nation shall be exempt from licensing requirements that may otherwise apply to construction, operation, or maintenance of the facility under the Federal Power Act ( 16 U.S.C. 791a et seq. ). (2) Review of plans and specifications The Cherokee Nation may initiate the design or construction of a hydroelectric generating facility under subsection (a) only after the Secretary reviews and approves the plans and specifications for the design and construction. (c) Payment of design and construction costs (1) In general The Secretary may accept funds offered by the Cherokee Nation and use such funds to carry out the design and construction of a hydroelectric generating facility under subsection (a). (2) Allocation of costs The Cherokee Nation shall— (A) bear all costs associated with the design and construction of a hydroelectric generating facility under subsection (a); and (B) provide any funds necessary for the design and construction to the Secretary prior to the Secretary initiating any activities related to the design and construction. (d) Assumption of liability The Cherokee Nation shall— (1) hold all title to a hydroelectric generating facility constructed under subsection (a) and may, subject to the approval of the Secretary, assign such title to a third party; (2) be solely responsible for— (A) the operation, maintenance, repair, replacement, and rehabilitation of the facility; and (B) the marketing of the electricity generated by the facility; and (3) release and indemnify the United States from any claims, causes of action, or liabilities that may arise out of any activity undertaken to carry out this section. (e) Assistance available The Secretary may provide technical and construction management assistance requested by the Cherokee Nation relating to the design and construction of a hydroelectric generating facility under subsection (a). (f) Third party agreements The Cherokee Nation may enter into agreements with the Secretary or a third party that the Cherokee Nation or the Secretary determines are necessary to carry out this section. . III Deauthorizations and Backlog Prevention 301. Deauthorization of inactive projects (a) Purposes The purposes of this section are— (1) to identify $12,000,000,000 in water resources development projects authorized by Congress that are no longer viable for construction due to— (A) a lack of local support; (B) a lack of available Federal or non-Federal resources; or (C) an authorizing purpose that is no longer relevant or feasible; (2) to create an expedited and definitive process to deauthorize water resources development projects that are no longer viable for construction; and (3) to allow the continued authorization of water resources development projects that are viable for construction. (b) Deauthorization of projects authorized before WRDA 2007 (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and shall publish in the Federal Register, a report that lists each authorized water resources development project, or separable element of a project, authorized for construction before November 8, 2007— (A) for which— (i) construction was not initiated before the date of enactment of this Act; or (ii) construction was initiated before the date of enactment of this Act, but for which no funds, Federal or non-Federal, were obligated for construction of the project or separable element during the 5-year period ending on July 1, 2013; and (B) that is identified in accordance with paragraph (3). (2) Special rule for ongoing construction A project or separable element shall not be listed pursuant to paragraph (1)(A)(ii) if the project or separable element is being constructed as of the date of enactment of this Act. (3) Identification of projects (A) In general The Secretary shall identify in the report submitted under paragraph (1) projects and separable elements that— (i) meet the requirements described in subparagraph (A) of that paragraph; and (ii) in the aggregate have an estimated Federal cost to complete (as of the date of the report) that is at least $12,000,000,000. (B) Sequencing of projects In identifying projects and separable elements under subparagraph (A), the Secretary shall identify projects and separable elements according to the order in which the projects and separable elements were authorized, beginning with the earliest authorized projects and separable elements and ending upon the aggregate estimated Federal cost to complete for the projects and separable elements identified satisfying the requirement under subparagraph (A)(ii). (4) Congressional review period; deauthorization After the expiration of the 180-day period beginning on the date of the submission of the report under this subsection, any project or separable element identified in that report is hereby deauthorized, unless during such period the non-Federal interest for the project or separable element provides, under Federal law, all funds necessary to complete the project or separable element. (c) Treatment of project modifications For purposes of this section, if an authorized water resources development project or separable element has been modified in an Act of Congress, the date of the authorization of the project or separable element shall be deemed to be the date of the most recent such modification. 302. Review of Corps of Engineers assets (a) Assessment and Inventory Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct an assessment of all properties under the control of the Corps of Engineers and develop an inventory of the properties that are not needed for the missions of the Corps of Engineers. (b) Criteria In conducting the assessment and developing the inventory under subsection (a), the Secretary shall use the following criteria: (1) The extent to which the property aligns with the current missions of the Corps of Engineers. (2) The economic impact of the property on existing communities in the vicinity of the property. (3) The extent to which the utilization rate for the property is being maximized and is consistent with nongovernmental industry standards for the given function or operation. (4) The extent to which the reduction or elimination of the property could reduce operation and maintenance costs of the Corps of Engineers. (5) The extent to which the reduction or elimination of the property could reduce energy consumption by the Corps of Engineers. (c) Notification As soon as practicable following completion of the inventory of properties under subsection (a), the Secretary shall provide the inventory to the Administrator of General Services. (d) Report to Congress Not later than 30 days after the date of the notification under subsection (c), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing the findings of the Secretary with respect to the assessment and inventory required under subsection (a). 303. Backlog prevention (a) Project deauthorization (1) In general A water resources development project, or separable element of such a project, authorized for construction by this Act shall not be authorized after the last day of the 7-year period beginning on the date of enactment of this Act unless during that period funds have been obligated for construction of such project. (2) Identification of projects Not later than 60 days after the expiration of the 7-year period referred to in paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that identifies the projects deauthorized under paragraph (1). (b) Report to Congress Not later than 60 days after the expiration of the 12-year period beginning on the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that contains— (1) a list of any water resources development projects authorized by this Act for which construction has not been completed during that period; (2) a description of the reasons the projects were not completed; (3) a schedule for the completion of the projects based on expected levels of appropriations; and (4) a 5-year and 10-year projection of construction backlog and any recommendations to Congress regarding how to mitigate current problems and the backlog. 304. Deauthorizations (a) In general The following projects are not authorized after the date of enactment of this Act: (1) Walnut Creek (Pacheco Creek), California The portions of the project for flood protection on Walnut Creek, California, constructed under section 203 of the Flood Control Act of 1960 ( Public Law 86–645 ; 74 Stat. 488), consisting of the Walnut Creek project from Sta 0+00 to Sta 142+00 and the upstream extent of the Walnut Creek project along Pacheco Creek from Sta 0+00 to Sta 73+50. (2) Walnut Creek (San Ramon Creek), California The portion of the project for flood protection on Walnut Creek, California, constructed under section 203 of the Flood Control Act of 1960 ( Public Law 86–645 ; 74 Stat. 488), consisting of the culvert constructed by the Department of the Army on San Ramon Creek from Sta 4+27 to Sta 14+27. (3) Hillsborough (Hillsboro) Bay and River, Florida Those portions of the project for navigation, Hillsborough (Hillsboro) Bay and River, Florida, authorized by the Act of March 3, 1899 (30 Stat. 1126; chapter 425), that extend on either side of the Hillsborough River from the Kennedy Boulevard bridge to the mouth of the river that cause the existing channel to exceed 100 feet in width. (4) Kahului Wastewater Reclamation Facility, Maui, Hawaii The project carried out pursuant to the authority provided by section 14 of the Flood Control Act of 1946 ( 33 U.S.C. 701r ) to provide shoreline protection for the Kahului Wastewater Reclamation Facility, located on the Island of Maui in the State of Hawaii. (5) Chicago Harbor, Illinois The portion of the project for navigation, Chicago Harbor, Illinois, authorized by the first section of the Act of March 3, 1899 (30 Stat. 1129; chapter 425), and the first section of the Act of March 2, 1919 (40 Stat. 1283; chapter 95), and described as follows: (A) Beginning at the southwest corner of Metropolitan Sanitary District of Greater Chicago sluice gate that abuts the north wall of the Chicago River Lock. (B) Thence running north for approximately 290 feet. (C) Thence running east approximately 1,000 feet. (D) Thence running south approximately 290 feet. (E) Thence running west approximately 1,000 feet to the point of origin. (6) Lucas-Berg Pit, Illinois Waterway and Grant Calumet River, Illinois The portion of the project for navigation, Illinois Waterway and Grand Calumet River, Illinois, authorized by the first section of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved July 24, 1946 (60 Stat. 636; chapter 596), that consists of the Lucas-Berg Pit confined disposal facility, Illinois. (7) Rockland Harbor, Maine The portion of the project for navigation, Rockland Harbor, Maine, authorized by the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved June 3, 1896 (29 Stat. 202), and described as follows: (A) Beginning at the point in the 14-foot turning basin limit with coordinates N162,927.61, E826,210.16. (B) Thence running north 45 degrees 45 minutes 15.6 seconds east 287.45 feet to a point N163,128.18, E826,416.08. (C) Thence running south 13 degrees 17 minutes 53.3 seconds east 129.11 feet to a point N163,002.53, E826,445.77. (D) Thence running south 45 degrees 45 minutes 18.4 seconds west 221.05 feet to a point N162,848.30, E826,287.42. (E) Thence running north 44 degrees 14 minutes 59.5 seconds west 110.73 feet to the point of origin. (8) Corsica River, Queen Anne’s County, Maryland The portion of the project for improving the Corsica River, Maryland, authorized by the first section of the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved July 25, 1912 (37 Stat. 205), and described as follows: Approximately 2,000 feet of the eastern section of the project channel extending from— (A) centerline station 0+000 (coordinates N506350.60, E1575013.60); to (B) station 2+000 (coordinates N508012.39, E1574720.18). (9) Gloucester Harbor and Annisquam River, Massachusetts The portions of the project for navigation, Gloucester Harbor and Annisquam River, Massachusetts, authorized by section 2 of the Act entitled An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved of March 2, 1945 (59 Stat. 12; chapter 19), consisting of an 8-foot anchorage area in Lobster Cove, and described as follows: (A) Beginning at a bend along the easterly limit of the existing project, N3063230.31, E878283.77, thence running northwesterly about 339 feet to a point, N3063478.86, E878053.83, thence running northwesterly about 281 feet to a bend on the easterly limit of the existing project, N3063731.88, E877932.54, thence running southeasterly about 612 feet along the easterly limit of the existing project to the point of origin. (B) Beginning at a bend along the easterly limit of the existing project, N3064065.80, E878031.45, thence running northwesterly about 621 feet to a point, N3064687.05, E878031.13, thence running southwesterly about 122 feet to a point, N3064686.98, E877908.85, thence running southeasterly about 624 feet to a point, N3064063.31, E877909.17, thence running southwesterly about 512 feet to a point, N3063684.73, E877564.56, thence running about 741 feet to a point along the westerly limit of the existing project, N3063273.98, E876947.77, thence running northeasterly about 533 feet to a bend along the westerly limit of the existing project, N3063585.62, E877380.63, thence running about 147 feet northeasterly to a bend along the westerly limit of the project, N3063671.29, E877499.63, thence running northeasterly about 233 feet to a bend along the westerly limit of the existing project, N3063840.60, E877660.29, thence running about 339 feet northeasterly to a bend along the westerly limit of the existing project, N3064120.34, E877852.55, thence running about 573 feet to a bend along the westerly limit of the existing project, N3064692.98, E877865.04, thence running about 113 feet to a bend along the northerly limit of the existing project, N3064739.51, E877968.31, thence running 145 feet southeasterly to a bend along the northerly limit of the existing project, N3064711.19, E878110.69, thence running about 650 feet along the easterly limit of the existing project to the point of origin. (10) Ipswich River, Massachusetts The portion of the project for navigation, Ipswich River, Massachusetts, authorized by the first section of the Act of August 5, 1886 (24 Stat. 317, chapter 929) consisting of a 4-foot channel located at the entrance to the inner harbor at Ipswich Harbor, and described as follows: (A) Lying northwesterly of a line commencing at N3,074,938.09, E837,154.87. (B) Thence running easterly approximately 60 feet to a point with coordinates N3,074,972.62, E837,203.93. (11) East Fork of Trinity River, Texas The portion of the project for flood protection on the East Fork of the Trinity River, Texas, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1185), that consists of the 2 levees identified as Kaufman County Levees K5E and K5W. (12) Burnham Canal, Wisconsin The portion of the project for navigation, Milwaukee Harbor Project, Milwaukee, Wisconsin, known as the Burnham Canal, authorized by the first section of the Act entitled An Act for the protection of commerce on Lake Michigan , approved March 3, 1843 (5 Stat. 619; chapter 85), and described as follows: (A) Beginning at channel point #415a N381768.648, E2524554.836, a distance of about 170.58 feet. (B) Thence running south 53 degrees 43 minutes 41 seconds west to channel point #417 N381667.728, E2524417.311, a distance of about 35.01 feet. (C) Thence running south 34 degrees 10 minutes 40 seconds west to channel point #501 N381638.761, E2524397.639, a distance of about 139.25 feet. (D) Thence running south 34 degrees 10 minutes 48 seconds west to channel point #503 N381523.557, E2524319.406, a distance of about 235.98 feet. (E) Thence running south 32 degrees 59 minutes 13 seconds west to channel point #505 N381325.615, E2524190.925, a distance of about 431.29 feet. (F) Thence running south 32 degrees 36 minutes 05 seconds west to channel point #509 N380962.276, E2523958.547, a distance of about 614.52 feet. (G) Thence running south 89 degrees 05 minutes 00 seconds west to channel point #511 N380952.445, E2523344.107, a distance of about 74.68 feet. (H) Thence running north 89 degrees 04 minutes 59 seconds west to channel point #512 N381027.13, E2523342.91, a distance of about 533.84 feet. (I) Thence running north 89 degrees 05 minutes 00 seconds east to channel point #510 N381035.67, E2523876.69, a distance of about 47.86 feet. (J) Thence running north 61 degrees 02 minutes 07 seconds east to channel point #508 N381058.84, E2523918.56, a distance of about 308.55 feet. (K) Thence running north 36 degrees 15 minutes 29 seconds east to channel point #506 N381307.65, E2524101.05, a distance of about 199.98 feet. (L) Thence running north 32 degrees 59 minutes 12 seconds east to channel point #504 N381475.40, E2524209.93, a distance of about 195.14 feet. (M) Thence running north 26 degrees 17 minutes 22 seconds east to channel point #502 N381650.36, E2524296.36, a distance of about 81.82 feet. (N) Thence running north 88 degrees 51 minutes 05 seconds west to channel point #419 N381732.17, E2524294.72, a distance of about 262.65 feet. (O) Thence running north 82 degrees 01 minutes 02 seconds east to channel point #415a, the point of origin. (13) Manitowoc Harbor, Wisconsin The portion of the project for navigation, Manitowoc River, Manitowoc, Wisconsin, authorized by the Act of August 30, 1852 (10 Stat. 58; chapter 104), and described as follows: The triangular area bound by— (A) 44.09893383N and 087.66854912W; (B) 44.09900535N and 087.66864372W; and (C) 44.09857884N and 087.66913123W. (b) Seward Waterfront, Seward, Alaska (1) In general Subject to paragraph (2), the portion of the project for navigation, Seward Harbor, Alaska, identified as Tract H, Seward Original Townsite, Waterfront Park Replat, Plat No 2012–4, Seward Recording District, shall not be subject to navigation servitude beginning on the date of enactment of this Act. (2) Entry by Federal Government The Federal Government may enter upon the property referred to in paragraph (1) to carry out any required operation and maintenance of the general navigation features of the project referred to in paragraph (1). (c) Port of Hood River, Oregon (1) Extinguishment of portions of existing flowage easement With respect to the properties described in paragraph (2), beginning on the date of enactment of this Act, the flowage easement identified as Tract 1200E–6 on the Easement Deed recorded as Instrument No. 740320 is extinguished above elevation 79.39 feet (NGVD 29), the ordinary high water line. (2) Affected properties The properties described in this paragraph, as recorded in Hood River County, Oregon, are as follows: (A) Instrument Number 2010–1235. (B) Instrument Number 2010–02366. (C) Instrument Number 2010–02367. (D) Parcel 2 of Partition Plat 2011–12P. (E) Parcel 1 of Partition Plat 2005–26P. (3) Extinguishment of flowage easement With respect to the properties described in paragraph (2), the flowage easement is extinguished if the elevation of the property is above the standard project flood elevation. (4) Federal liabilities The United States shall not be liable for any injury caused by the extinguishment of the easement under this subsection. (5) No Effect on Other Rights Nothing in this subsection affects the remaining rights and interests of the Corps of Engineers for authorized project purposes. 305. Land conveyances (a) Tulsa Port of Catoosa, Rogers County, Oklahoma Land Exchange (1) Land exchange 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. (2) Definitions In this subsection, the following definitions apply: (A) Federal land The term Federal land means the approximately 87 acres of land situated in Rogers County, Oklahoma, contained within United States Tracts 413 and 427 and acquired for the McClellan-Kerr Arkansas Navigation System. (B) Non-Federal land The term non-Federal 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. (3) Specific conditions (A) Deeds (i) Deed to non-Federal land The Secretary may only accept conveyance of the non-Federal land by warranty deed, as determined acceptable by the Secretary. (ii) Deed to Federal land The Secretary shall convey the Federal land to the Tulsa Port of Catoosa by quitclaim deed and subject to any reservations, terms, and conditions the Secretary determines necessary to— (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. (iii) Cash payment If the appraised fair market 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. (b) City of Asotin, Washington (1) In general The Secretary shall convey to the city of Asotin, Asotin County, Washington, without monetary consideration, all right, title, and interest of the United States in and to the land described in paragraph (3). (2) Reversion If the land transferred under this subsection ceases at any time to be used for a public purpose, the land shall revert to the United States. (3) Description The land to be conveyed to the city of Asotin, Washington, under this subsection are— (A) the public ball fields designated as Tracts 1503, 1605, 1607, 1609, 1611, 1613, 1615, 1620, 1623, 1624, 1625, 1626, and 1631; and (B) other leased areas designated as Tracts 1506, 1522, 1523, 1524, 1525, 1526, 1527, 1529, 1530, 1531, and 1563. (c) Generally applicable provisions (1) Survey to obtain legal description The exact acreage and the legal description of any real property to be conveyed under this section shall be determined by a survey that is satisfactory to the Secretary. (2) Applicability of property screening provisions Section 2696 of title 10, United States Code, shall not apply to any conveyance under this section. (3) Additional terms and conditions The Secretary may require that any conveyance under this section be subject to such additional terms and conditions as the Secretary considers necessary and appropriate to protect the interests of the United States. (4) Costs of conveyance An entity to which a conveyance is made under this section shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance. (5) Liability An entity to which a conveyance is made under this section shall hold the United States harmless from any liability with respect to activities carried out, on or after the date of the conveyance, on the real property conveyed. The United States shall remain responsible for any liability with respect to activities carried out, before such date, on the real property conveyed. IV Water Resources Infrastructure 401. Authorization of final feasibility studies The following final feasibility studies for water resources development and conservation and other purposes are authorized to be carried out by the Secretary substantially in accordance with the plan, and subject to the conditions, described in the respective reports designated in this section: (1) Navigation A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Federal Cost E. Estimated Non-Federal Cost 1. TX, LA Sabine Neches Waterway, Southeast Texas and Southwest Louisiana July 22, 2011 $779,399,000 $359,227,000 2. FL Jacksonville Harbor- Milepoint April 30, 2012 $27,804,000 $9,122,000 3. GA Savannah Harbor Expansion Project Aug. 17, 2012 $461,000,000 $201,000,000 4. TX Freeport Harbor Jan. 7,  2013 $121,132,000 $116,342,000 5. FL Canaveral Harbor (Sect 203 Sponsor Report) Feb. 25, 2013 $28,652,000 $11,588,000 (2) Flood Risk Management A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Federal Cost E. Estimated Non-Federal Cost 1. KS Topeka Aug. 24, 2009 $15,494,000 $8,343,000 2. CA American River Watershed, Common Features Project, Natomas Basin Dec. 30, 2010 $943,300,000 $479,500,000 3. IA Cedar River, Cedar Rapids Jan. 27, 2011 $67,216,000 $36,194,000 4. MN, ND Fargo-Moorhead Metro Dec. 19, 2011 $801,542,000 $979,806,000 5. KY Ohio River Shoreline, Paducah May 16, 2012 $12,893,000 $6,943,000 (3) Hurricane and Storm Damage Risk Reduction A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Initial Federal Cost and Estimated Total Federal Cost for Life of Project E. Estimated Initial Non-Federal Cost and Estimated Total Non-Federal Cost for Life of Project 1. NC West Onslow Beach and New River Inlet (Topsail Beach) Sept. 28, 2009 Initial Cost: $30,557,000 Total Cost: $132,372,000 Initial Cost: $17,315,000 Total Cost: $132,372,000 2. NC Surf City and North Topsail Beach Dec. 30, 2010 Initial Cost: $81,484,000 Total Cost: $106,182,000 Initial Cost: $43,900,000 Total Cost: $106,182,000 3. CA San Clemente Shoreline April 5,  2012 Initial Cost: $7,500,000 Total Cost: $43,400,000 Initial Cost: $4,000,000 Total Cost: $43,400,000 (4) Hurricane and Storm Damage Risk Reduction and Environmental Restoration A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Federal Cost E. Estimated Non-Federal Cost 1. MS Mississippi Coastal Improvement Program (MSCIP) Hancock, Harrison, and Jackson Counties Sept. 15, 2009 $815,090,000 $438,890,000 (5) Environmental Restoration A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Federal Cost E. Estimated Non-Federal Cost 1. MD Mid-Chesapeake Bay Island Aug. 24, 2009 $1,221,721,000 $657,849,000 2. FL Central and Southern Florida Project, Comprehensive Everglades Restoration Plan, Caloosahatchee River (C–43) West Basin Storage Project, Hendry County March 11, 2010 $297,189,000 $297,189,000 3. LA Louisiana Coastal Area Dec. 30, 2010 $954,452,000 $513,936,000 4. MN Marsh Lake Dec. 30, 2011 $6,403,000 $3,564,000 5. FL Central and Southern Florida Project, Comprehensive Everglades Restoration Plan, C–111 Spreader Canal Western Project Jan. 30, 2012 $88,992,000 $88,992,000 6. FL CERP Biscayne Bay Coastal Wetland, Florida May 2,  2012 $96,209,000 $96,209,000 7. FL Central and Southern Florida Project, Broward County Water Preserve Area May 21, 2012 $433,353,500 $433,353,500 8. LA Louisiana Coastal Area-Barataria Basin Barrier June 22, 2012 $283,567,000 $152,690,000 9. NC Neuse River Basin April 23, 2013 $23,253,100 $12,520,900 402. Project modifications (a) Miami Harbor, Miami-Dade County, Florida (1) In general The project for navigation, Miami Harbor, Miami-Dade County, Florida, authorized by section 1001(17) of the Water Resources Development Act of 2007 (121 Stat. 1052), is modified to authorize the Secretary to construct the project at a total cost of $152,510,000, with an estimated Federal cost of $92,007,000 and a non-Federal cost of $60,503,000. (2) Applicability Paragraph (1) shall take effect on November 8, 2007. (b) Little Calumet River Basin (Cady Marsh Ditch), Indiana The project for flood control, Little Calumet River Basin (Cady Marsh Ditch), Indiana, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4115), and modified by section 127 of Public Law 109–103 (119 Stat. 2259), is further modified to authorize the Secretary to construct the project at a total cost of $269,988,000, with an estimated Federal cost of $202,800,000 and a non-Federal cost of $67,188,000.

Passed the House of Representatives October 23, 2013. Karen L. Haas, Clerk

October 28, 2013 Received; read twice and placed on the calendar

tv_txt: IB Union Calendar No. 174 113th CONGRESS 1st Session H. R. 3080 [Report No. 113–246, Part I] IN THE HOUSE OF REPRESENTATIVES September 11, 2013 Mr. Shuster (for himself, Mr. Rahall , Mr. Gibbs , and Mr. Bishop of New York ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committees on the Budget , Ways and Means , and Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned October 21, 2013 Additional sponsors: Mr. Petri , Ms. Eddie Bernice Johnson of Texas , Mr. Coble , Mr. Lipinski , Mr. Duncan of Tennessee , Mr. Garamendi , Mr. Mica , Mr. Nolan , Mr. LoBiondo , Ms. Esty , Mrs. Capito , Mrs. Miller of Michigan , Mr. Hunter , Mr. Barletta , Mr. Farenthold , Mr. Bucshon , Mr. Meehan , Mr. Hanna , Mr. Webster of Florida , Mr. Denham , Mr. Ribble , Mr. Rice of South Carolina , Mr. Mullin , Mr. Williams , Mr. Radel , Mr. Rodney Davis of Illinois , Mr. Cramer , Mr. Crawford , Mr. DeFazio , Mr. Massie , Mr. Cummings , Mr. Meadows , Mr. Michaud , Mr. Perry , Mr. Bera of California , Mr. Brady of Pennsylvania , Mr. Grimm , Mr. Kingston , Ms. Matsui , Mr. McKinley , Mrs. Negrete McLeod , Mr. Rothfus , Mr. Weber of Texas , and Mr. Whitfield October 21, 2013 Reported from the Committee on Transportation and Infrastructure with an amendment Strike out all after the enacting clause and insert the part printed in italic October 21, 2013 The Committees on the Budget , Ways and Means , and Natural Resources discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on September 11, 2013 A BILL To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Water Resources Reform and Development Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. Title I—Program Reforms and Streamlining Sec. 101. Vertical integration and acceleration of studies. Sec. 102. Expediting the evaluation and processing of permits. Sec. 103. Environmental streamlining. Sec. 104. Consolidation of studies. Sec. 105. Removal of duplicative analyses. Sec. 106. Expediting approval of modifications and alterations of projects by non-Federal interests. Sec. 107. Construction of projects by non-Federal interests. Sec. 108. Contributions by non-Federal interests. Sec. 109. Contributions by non-Federal interests for management of Corps of Engineers inland navigation facilities. Sec. 110. Additional contributions by non-Federal interests. Sec. 111. Clarification of impacts to other Federal facilities. Sec. 112. Clarification of previously authorized work. Sec. 113. Tribal partnership program. Sec. 114. Technical corrections. Sec. 115. Water infrastructure public-private partnership pilot program. Sec. 116. Annual report to Congress. Sec. 117. Actions to be taken in conjunction with the President’s annual budget submission to Congress. Sec. 118. Hurricane and storm damage reduction study. Sec. 119. Non-Federal plans to provide additional flood risk reduction. Sec. 120. Review of emergency response authorities. Sec. 121. Emergency communication of risk. Sec. 122. Improvements to the National Dam Safety Program Act. Sec. 123. Restricted areas at Corps of Engineers dams. Sec. 124. Levee safety. Sec. 125. Vegetation on levees. Sec. 126. Reduction of Federal costs. Sec. 127. Advanced modeling technologies. Sec. 128. Enhanced use of electronic commerce in Federal procurement. Sec. 129. Corrosion prevention. Sec. 130. Resilient construction and use of innovative materials. Sec. 131. Assessment of water supply in arid regions. Sec. 132. River basin commissions. Sec. 133. Sense of Congress regarding water resources development bills. Sec. 134. Donald G. Waldon Lock and Dam. Sec. 135. Aquatic invasive species. Sec. 136. Recreational access. Sec. 137. Territories of the United States. Sec. 138. Sense of Congress regarding interstate water agreements and compacts. Title II—Navigation Improvements Subtitle A—Ports Sec. 201. Expanded use of Harbor Maintenance Trust Fund. Sec. 202. Assessment and prioritization of operation and maintenance. Sec. 203. Preserving United States harbors. Sec. 204. Consolidation of deep draft navigation expertise. Sec. 205. Disposal sites. Subtitle B—Inland Waterways Sec. 211. Definitions. Sec. 212. Project delivery process reforms. Sec. 213. Efficiency of revenue collection. Sec. 214. Inland waterways revenue studies. Sec. 215. Inland waterways stakeholder roundtable. Sec. 216. Preserving the Inland Waterway Trust Fund. Sec. 217. Public comment on lock operations. Sec. 218. Assessment of operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway. Sec. 219. Upper Mississippi River protection. Sec. 220. Corps of Engineers lock and dam energy development. Title III—Deauthorizations and Backlog Prevention Sec. 301. Deauthorization of inactive projects. Sec. 302. Review of Corps of Engineers assets. Sec. 303. Backlog prevention. Sec. 304. Deauthorizations. Sec. 305. Land conveyances. Title IV—Water Resources Infrastructure Sec. 401. Authorization of final feasibility studies. Sec. 402. Project modifications. 2. Definition of Secretary In this Act, the term Secretary means the Secretary of the Army. I Program Reforms and Streamlining 101. Vertical integration and acceleration of studies (a) In general To the extent practicable, a feasibility study initiated by the Secretary, after the date of enactment of this Act, under section 905(a) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282(a) ) shall— (1) result in the completion of a final feasibility report not later than 3 years after the date of initiation; (2) have a maximum Federal cost of $3,000,000; and (3) ensure that personnel from the district, division, and headquarters levels of the Corps of Engineers concurrently conduct the review required under that section. (b) Exception If the Secretary determines that a feasibility study described in subsection (a) will not be conducted in accordance with subsection (a), the Secretary, not later than 30 days after the date of making the determination, shall— (1) prepare an updated feasibility study schedule and cost estimate; (2) notify the non-Federal feasibility cost sharing partner that the feasibility study has been delayed; and (3) provide written notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate as to the reasons the requirements of subsection (a) are not attainable. (c) Termination of authorization A feasibility study for which the Secretary has issued a determination under subsection (b) is not authorized after the last day of the 1-year period beginning on the date of the determination if the Secretary has not completed the study on or before such last day. (d) Report Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes— (1) the status of the implementation of this section, including a description of each feasibility study subject to the requirements of this section; (2) the amount of time taken to complete each such feasibility study; and (3) any recommendations for additional authority necessary to support efforts to expedite the feasibility study process, including an analysis of whether the limitation established by subsection (a)(2) needs to be adjusted to address the impacts of inflation. (e) Reviews Not later than 90 days after the date of the initiation of a study described in subsection (a) for a project, the Secretary shall— (1) take all steps necessary to initiate the federally mandated reviews that the Secretary is required to complete as part of the study, including environmental reviews; (2) convene a meeting of all Federal, tribal, and State agencies identified under section 2045(d) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2348(d) ), as amended by this Act, and that may be required by law to conduct or issue a review, analysis, or opinion on or to make a determination concerning a permit or license for the study; (3) provide the agencies referred to in paragraph (2) with all relevant information related to the scope and potential impacts of the project, including environmental impacts; and (4) take all steps necessary to provide information that will enable required reviews and analyses related to the project to be conducted by other agencies in a thorough and timely manner. 102. Expediting the evaluation and processing of permits Section 214 of the Water Resources Development Act of 2000 ( 33 U.S.C. 2201 note) is amended— (1) in subsection (a)— (A) by inserting or public-utility company (as defined in section 1262 of the Public Utility Holding Company Act of 2005 ( 42 U.S.C. 16451 )) after non-Federal public entity ; (B) by inserting or company after that entity ; and (C) by adding at the end the following: To the maximum extent practicable, the Secretary shall ensure that expediting the evaluation of a permit through the use of funds accepted and expended under this section does not adversely affect the timeline for evaluation (in the Corps district in which the project or activity is located) of permits under the jurisdiction of the Department of the Army of other entities that have not contributed funds under this section. ; and (2) by striking subsection (e). 103. Environmental streamlining (a) Declaration of policy (1) In general Congress declares that— (A) the benefits of water resources projects are important to the Nation’s economy and environment; (B) it is in the national interest to expedite the delivery of water resources projects; (C) it is in the national interest for Federal and State agencies, local governments, Indian tribes, and other entities involved in water resources projects— (i) to accelerate study completion and project delivery and to reduce costs; and (ii) to ensure that the planning, design, engineering, construction, and funding of water resources projects is done in an efficient and effective manner, promoting accountability for public investments and encouraging greater local and private sector involvement in project financing and delivery while addressing public safety and protecting the environment; and (D) delay in the delivery of water resources studies and projects— (i) increases project costs, flood risks, and local and Federal expenditures for emergency management and recovery; (ii) harms the economy of the United States; and (iii) impedes the shipment of goods for the conduct of commerce. (2) Policy Given the declarations set forth in paragraph (1), it is the policy of the United States that— (A) recommendations to Congress regarding such projects should be accelerated by coordinated and efficient environmental reviews and cooperative efforts to quickly resolve disputes during the development of water resources projects; (B) the Secretary shall have the lead role among Federal agencies in facilitating the environmental review process for water resources projects; (C) each Federal agency shall cooperate with the Secretary to expedite the environmental review process for water resources projects; (D) programmatic approaches shall be used if applicable to reduce the need for project-by-project reviews and decisions by Federal agencies; (E) the Secretary shall identify opportunities for non-Federal sponsors to assume responsibilities of the Secretary if such responsibilities can be assumed in a manner that protects public health and safety, the environment, and public participation; and (F) the Assistant Secretary of the Army for Civil Works shall identify and promote the deployment of innovations aimed at reducing the time and money required to deliver water resources projects while protecting the environment. (b) Streamlined project delivery (1) In general Section 2045 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2348 ) is amended to read as follows: 2045. Streamlined project delivery (a) Definitions In this section, the following definitions apply: (1) Environmental impact statement The term environmental impact statement means the detailed statement of environmental impacts required to be prepared pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (2) Environmental review process (A) In general The term environmental review process means the process of preparing an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for a project study. (B) Inclusions The term environmental review process includes the process for and completion of any environmental permit, approval, review, or study required for a project study under any Federal law other than the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (3) Federal jurisdictional agency The term Federal jurisdictional agency means a Federal agency with jurisdiction over a review, analysis, opinion, statement, permit, license, or other approval or decision required for a project study under applicable Federal laws, including regulations. (4) Project The term project means a Corps of Engineers water resources project. (5) Project sponsor The term project sponsor means the non-Federal interest as defined in section 221(b) of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ). (6) Project study The term project study means a feasibility study for a project carried out pursuant to section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ). (b) Applicability The procedures in this section are applicable to all project studies initiated after the date of enactment of the Water Resources Reform and Development Act of 2013 and for which an environmental impact statement is prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and may be applied, to the extent determined appropriate by the Secretary, to other project studies initiated after such date of enactment and for which an environmental review process document is prepared under such Act. (c) Lead agencies (1) Federal lead agency The Corps of Engineers shall be the Federal lead agency in the environmental review process for a project study. (2) Non-Federal project sponsor as joint lead agency At the discretion of the Secretary and subject to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), a non-Federal project sponsor that is an agency defined in subsection (a)— (A) may serve as a joint lead agency with the Corps of Engineers for purposes of preparing any environmental review process document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (B) may assist in the preparation of any such environmental review process document required under the National Environmental Policy Act of 1969 if the Secretary provides guidance in the preparation process, participates in preparing the document, independently evaluates that document, and approves and adopts the document before the Secretary takes any subsequent action or makes any approval based on that document. (3) Adoption and use of documents Any environmental review process document prepared in accordance with this subsection shall be adopted and used by any Federal agency in making any approval of a project subject to this section as the document required to be completed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) to the same extent that the Federal agency may adopt or use a document prepared by another Federal agency under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (4) Roles and responsibility of Federal lead agency With respect to the environmental review process for any project, the Federal lead agency shall have authority and responsibility— (A) to take such actions as are necessary and proper, within the authority of the Federal lead agency, to facilitate the expeditious resolution of the environmental review process for the project study; and (B) to prepare or ensure that any required environmental impact statement or other document for a project study required to be completed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) is completed in accordance with this section and applicable Federal law. (d) Participating and cooperating agencies (1) Identification The Federal lead agency shall identify, as early as practicable in the environmental review process for a project study, any Federal or State agency, local government, or Indian tribe that may— (A) have jurisdiction over the project; (B) be required by law to conduct or issue a review, analysis, opinion, or statement for the project study; or (C) be required to make a determination on issuing a permit, license, or other approval or decision for the project study. (2) Invitation (A) In general The Federal lead agency shall invite any such agency identified under paragraph (1) to become a participating or cooperating agency in the environmental review process for the project study. (B) Deadline An invitation to participate issued under subparagraph (A) shall establish a deadline by which a response to the invitation shall be submitted, which may be extended by the Federal lead agency for good cause. (3) Federal cooperating agency Any Federal agency that is invited by the Federal lead agency to participate in the environmental review process for a project study shall be designated as a cooperating agency by the Federal lead agency unless the invited agency informs the Federal lead agency, in writing, by the deadline specified in the invitation that the invited agency— (A) has no jurisdiction or authority with respect to the project; (B) has no expertise or information relevant to the project study; and (C) does not intend to submit comments on the project study. (4) Effect of designation (A) Requirement A participating or cooperating agency shall comply with the requirements of this section and any schedule established under this section. (B) Implication Designation under this subsection shall not imply that the participating or cooperating agency— (i) supports a proposed project; or (ii) has any jurisdiction over, or special expertise with respect to evaluation of, the project. (5) Concurrent reviews Each participating or cooperating agency shall— (A) carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process unless doing so would prevent such agency from conducting needed analysis or otherwise carrying out their obligations under those other laws; and (B) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner. (e) Programmatic compliance (1) In general The Secretary shall issue guidance regarding the use of programmatic approaches to carry out the environmental review process that— (A) eliminates repetitive discussions of the same issues; (B) focuses on the actual issues ripe for analyses at each level of review; (C) establishes a formal process for coordinating with participating and cooperating agencies, including the creation of a list of all data that is needed to carry out the environmental review process; and (D) complies with— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (ii) all other applicable laws. (2) Requirements In carrying out paragraph (1), the Secretary shall— (A) as the first step in drafting guidance under that paragraph, consult with relevant Federal and State agencies, local governments, Indian tribes, and the public on the use and scope of the programmatic approaches; (B) emphasize the importance of collaboration among relevant Federal agencies, State agencies, local governments, and Indian tribes in undertaking programmatic reviews, especially with respect to reviews with a broad geographical scope; (C) ensure that the programmatic reviews— (i) promote transparency, including of the analyses and data used in the environmental review process, the treatment of any deferred issues raised by a Federal or State agency, local government, Indian tribe, or the public, and the temporal and special scales to be used to analyze those issues; (ii) use accurate and timely information in the environmental review process, including— (I) criteria for determining the general duration of the usefulness of the review; and (II) the timeline for updating any out-of-date review; (iii) describe— (I) the relationship between programmatic analysis and future tiered analysis; and (II) the role of the public in the creation of future tiered analysis; and (iv) are available to other relevant Federal and State agencies, local governments, Indian tribes, and the public; (D) allow not less than 60 days of public notice and comment on any proposed guidance; and (E) address any comments received under subparagraph (D). (f) Coordinated reviews (1) Coordination plan (A) Establishment The Federal lead agency, after consultation with each participating and cooperating agency and the non-Federal project sponsor or joint lead agency, as applicable, shall establish a plan for coordinating public and agency participation in and comment on the environmental review process for a project study. (B) Incorporation In developing the plan established under subparagraph (A), the Federal lead agency shall take under consideration the scheduling requirements under section 101 of the Water Resources Reform and Development Act of 2013. (2) Schedule (A) In general The Federal lead agency, after consultation with each participating and cooperating agency and the non-Federal project sponsor or joint lead agency, as applicable, shall establish, as part of the coordination plan established in paragraph (1)(A), a schedule for completion of the environmental review process for the project study. In developing the schedule, the Federal lead agency shall take under consideration the scheduling requirements under section 101 of the Water Resources Reform and Development Act of 2013. (B) Factors for consideration In establishing the schedule, the Federal lead agency shall consider factors such as— (i) the responsibilities of participating and cooperating agencies under applicable laws; (ii) the resources available to the participating and cooperating agencies and the non-Federal project sponsor or joint lead agency, as applicable; (iii) the overall size and complexity of the project; (iv) the overall schedule for and cost of the project; and (v) the sensitivity of the natural and historic resources that may be affected by the project. (C) Consistency with other time periods A schedule under subparagraph (A) shall be consistent with any other relevant time periods established under Federal law. (D) Modification The Federal lead agency may— (i) lengthen a schedule established under subparagraph (A) for good cause; or (ii) shorten a schedule only with the concurrence of the affected participating and cooperating agencies and the non-Federal project sponsor or joint lead agency, as applicable. (E) Dissemination A copy of a schedule established under subparagraph (A) shall be— (i) provided to each participating and cooperating agency and the non-Federal project sponsor or joint lead agency, as applicable; and (ii) made available to the public. (3) Comment deadlines The Federal lead agency shall establish the following deadlines for comment during the environmental review process for a project study: (A) Draft environmental impact statements For comments by agencies and the public on a draft environmental impact statement, a period of not more than 60 days after such document is made publicly available, unless— (i) a different deadline is established by agreement of the Federal lead agency, all participating and cooperating agencies, and the non-Federal project sponsor or joint lead agency, as applicable; or (ii) the deadline is extended by the Federal lead agency for good cause. (B) Other comment periods For all other comment periods established by the Federal lead agency for agency or public comments in the environmental review process, a period of not more than 30 days after the date on which the materials for which comment is requested are made available, unless— (i) a different deadline is established by agreement of the Federal lead agency, all participating and cooperating agencies, and the non-Federal project sponsor or joint lead agency, as applicable; or (ii) the deadline is extended by the Federal lead agency for good cause. (4) Deadlines for decisions under other laws (A) Prior Approval deadline If a participating or cooperating agency is required to make a determination regarding or otherwise approve or disapprove the project study prior to the record of decision or finding of no significant impact, such participating or cooperating agency shall make such determination or approval not later than 30 days after the Federal lead agency publishes notice of the availability of a final environmental impact statement or other final environmental document, or not later than such other date that is otherwise required by law, whichever occurs first. (B) Other deadlines With regard to any determination or approval of a participating or cooperating agency that is not subject to subparagraph (A), each participating or cooperating agency shall make any required determination or otherwise approve or disapprove the project study not later than 90 days after the date that the Federal lead agency approves the record of decision or finding of no significant impact for the project study, or not later than such other date that is otherwise required by law, whichever occurs first. (C) Record closed In the event that any participating or cooperating agency fails to make a determination or approve or disapprove the project study within the applicable deadline described in subparagraph (A), the Federal lead agency may close the record and find the record sufficient for the project study as it relates to such agency determination or approval. (g) Issue identification and resolution (1) Cooperation The Federal lead agency and participating and cooperating agencies shall work cooperatively in accordance with this section to identify and resolve issues that may delay completion of the environmental review process or result in the denial of any approval required for the project study under applicable laws. (2) Federal lead agency responsibilities (A) In general The Federal lead agency shall make information available to the participating and cooperating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration. (B) Data sources Such information under subparagraph (A) may be based on existing data sources, including geographic information systems mapping. (3) Participating and cooperating agency responsibilities Based on information received from the Federal lead agency, participating and cooperating agencies shall identify, as early as practicable, any issues of concern regarding the potential environmental or socioeconomic impacts of the project, including any issues that may substantially delay or prevent an agency from granting a permit or other approval that is needed for the project study. (4) Accelerated issue resolution and elevation (A) In general Upon the request of a participating or cooperating agency or non-Federal project sponsor, the Secretary shall convene an issue resolution meeting with the relevant participating and cooperating agencies and the non-Federal project sponsor or joint lead agency, as applicable, to resolve issues that may— (i) delay completion of the environmental review process; or (ii) result in denial of any approval required for the project study under applicable laws. (B) Meeting date A meeting requested under this paragraph shall be held not later than 21 days after the date on which the Secretary receives the request for the meeting, unless the Secretary determines that there is good cause to extend that deadline. (C) Notification Upon receipt of a request for a meeting under this paragraph, the Secretary shall notify all relevant participating and cooperating agencies of the request, including the issue to be resolved and the date for the meeting. (D) Elevation of issue resolution If a resolution cannot be achieved within 30 days after a meeting under this paragraph and a determination is made by the Secretary that all information necessary to resolve the issue has been obtained, the Secretary shall forward the dispute to the heads of the relevant agencies for resolution. (E) Convention by Secretary The Secretary may convene an issue resolution meeting under this subsection at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under subparagraph (A). (h) Streamlined documentation and decisionmaking (1) In general The Federal lead agency in the environmental review process for a project study, in order to reduce paperwork and expedite decisionmaking, shall prepare a condensed final environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (2) Condensed format A condensed final environmental impact statement for a project study in the environmental review process shall consist only of— (A) an incorporation by reference of the draft environmental impact statement; (B) any updates to specific pages or sections of the draft environmental impact statement as appropriate; and (C) responses to comments on the draft environmental impact statement and copies of the comments. (3) Timing of decision Notwithstanding any other provision of law, in conducting the environmental review process for a project study, the Federal lead agency shall combine a final environmental impact statement and a record of decision for the project study into a single document if— (A) the alternative approved in the record of decision is either a preferred alternative identified in the draft environmental impact statement or is a modification of such preferred alternative developed in response to comments on the draft environmental impact statement; and (B) the Federal lead agency has a written commitment from parties responsible for implementation of the measures applicable to the approved alternative that are identified in the final environmental impact statement that they will implement those measures. (i) Limitations Nothing in this section shall preempt or interfere with— (1) any practice of seeking, considering, or responding to public comment; or (2) any power, jurisdiction, responsibility, or authority that a Federal or State agency, local government, Indian tribe, or non-Federal project sponsor has with respect to carrying out a project study or any other provision of law applicable to a project. (j) Timing of claims (1) In general Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or other approval issued by a Federal agency for a project study shall be barred unless it is filed not later than 150 days after publication of a notice in the Federal Register announcing that the permit, license, or other approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law which allows judicial review. Nothing in this subsection shall create a right to judicial review or place any limit on filing a claim that a person has violated the terms of a permit, license, or other approval. (2) New information The Secretary shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under title 40, Code of Federal Regulations. The preparation of a supplemental environmental impact statement or other environmental document when required by this section shall be considered a separate final agency action and the deadline for filing a claim for judicial review of such action shall be 150 days after the date of publication of a notice in the Federal Register announcing such action. (k) Categorical exclusions (1) In general Not later than 180 days after the date of enactment of this subsection, the Secretary shall— (A) survey the use by the Corps of Engineers of categorical exclusions in projects; (B) publish a review of the survey that includes a description of— (i) the types of actions that were categorically excluded or may be the basis for developing a new categorical exclusion; and (ii) any requests previously received by the Secretary for new categorical exclusions; and (C) solicit requests from other Federal agencies and non-Federal project sponsors for new categorical exclusions. (2) New categorical exclusions Not later than 1 year after the date of enactment of this subsection, if the Secretary identifies, based on the review under paragraph (1), a category of activities that merit establishing a categorical exclusion not in existence on the day before the date of enactment of this subsection, the Secretary shall publish a notice of proposed rulemaking to propose that new categorical exclusion, to the extent that the categorical exclusion meets the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (or successor regulation). (l) Implementation guidance The Secretary shall prepare guidance documents that describe the processes that the Secretary will use to implement this section. . (2) Clerical amendment The table of contents contained in section 1(b) of the Water Resources Development Act of 2007 is amended by striking the item relating to section 2045 and inserting the following: Sec. 2045. Streamlined project delivery. . (c) Categorical exclusion in emergencies For the repair, reconstruction, or rehabilitation of a water resources project that is in operation or under construction when damaged by an event or incident that results in a declaration by the President of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), the Secretary shall treat such repair, reconstruction, or rehabilitation activity as a class of action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations, if such repair or reconstruction activity is in the same location with the same capacity, dimensions, and design as the original water resources project as before the declaration described in this section. 104. Consolidation of studies (a) In general (1) Repeal Section 905(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282(b) ) is repealed. (2) Conforming amendment Section 905(a)(1) of such Act ( 33 U.S.C. 2282(a)(1) ) is amended by striking perform a reconnaissance study and . (b) Contents of feasibility reports Section 905(a)(2) of such Act ( 33 U.S.C. 2282(a)(2) ) is amended by adding at the end the following: A feasibility report shall include a preliminary analysis of the Federal interest and the costs, benefits, and environmental impacts of the project. . (c) Applicability The Secretary shall continue to carry out a study for which a reconnaissance level investigation has been initiated before the date of enactment of this Act as if this section, including the amendments made by this section, had not been enacted. 105. Removal of duplicative analyses Section 911 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2288 ) is repealed. 106. Expediting approval of modifications and alterations of projects by non-Federal interests (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary, after providing notice and an opportunity for comment, shall establish a process for the review of section 14 applications in a timely and consistent manner. (b) Section 14 application defined In this section, the term section 14 application means an application submitted by an applicant to the Secretary requesting permission for the temporary occupation or use of a public work, or the alteration or permanent occupation or use of a public work, under section 14 of the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved March 3, 1899 (commonly known as the Rivers and Harbors Appropriation Act of 1899 ) ( 33 U.S.C. 408 ). (c) Benchmark goals (1) Establishment of benchmark goals In carrying out subsection (a), the Secretary shall— (A) establish benchmark goals for determining the amount of time it should take the Secretary to determine whether a section 14 application is complete; (B) establish benchmark goals for determining the amount of time it should take the Secretary to approve or disapprove a section 14 application; and (C) to the extent practicable, use such benchmark goals to make a decision on section 14 applications in a timely and consistent manner. (2) Benchmark goals (A) Benchmark goals for determining whether section 14 applications are complete To the extent practicable, the benchmark goals established under paragraph (1) shall provide that— (i) the Secretary reach a decision on whether a section 14 application is complete not later than 15 days after the date of receipt of the application; and (ii) if the Secretary determines that a section 14 application is not complete, the Secretary promptly notify the applicant of the specific information that is missing or the analysis that is needed to complete the application. (B) Benchmark goals for reviewing completed applications To the extent practicable, the benchmark goals established under paragraph (1) shall provide that— (i) the Secretary generally approve or disapprove a completed section 14 application not later than 45 days after the date of receipt of the completed application; and (ii) in a case in which the Secretary determines that additional time is needed to review a completed section 14 application due to the type, size, cost, complexity, or impacts of the actions proposed in the application, the Secretary approve or disapprove the application not later than 180 days after the date of receipt of the completed application. (3) Notice In any case in which the Secretary determines that it will take the Secretary more than 45 days to review a completed section 14 application, the Secretary shall— (A) provide written notification to the applicant; and (B) include in the written notice a best estimate of the Secretary as to the amount of time required for completion of the review. (d) Failure To achieve benchmark goals In any case in which the Secretary fails make a decision on a section 14 application in accordance with the process established under this section, the Secretary shall provide written notice to the applicant, including a detailed description of— (1) why the Secretary failed to make a decision in accordance with such process; (2) the additional actions required before the Secretary will issue a decision; and (3) the amount of time the Secretary will require to issue a decision. (e) Notification (1) Submission to Congress The Secretary shall provide a copy of any written notice provided under subsection (d) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (2) Public availability The Secretary shall maintain a publicly available database, including on the Internet, on— (A) all section 14 applications received by the Secretary; and (B) the current status of such applications. 107. Construction of projects by non-Federal interests (a) Construction of water resources development projects Section 211 of the Water Resources Development Act of 1996 ( 33 U.S.C. 701b–13 ) is amended— (1) in the section heading by striking flood control and inserting water resources development ; and (2) by striking flood control each place it appears and inserting water resources development . (b) Completion of studies and design activities Section 211(c) of such Act ( 33 U.S.C. 701b–13(c) ) is amended by striking date of the enactment of this Act and inserting date of enactment of the Water Resources Reform and Development Act of 2013 . (c) Authority To carry out improvements Section 211(d)(1) of such Act ( 33 U.S.C. 701b–13(d)(1) ) is amended— (1) by striking subparagraph (A)(i) and inserting the following: (i) In general A non-Federal interest may carry out construction for which studies and design documents are prepared under subsection (b) only if— (I) the Secretary approves the project for construction; and (II) the project is specifically authorized by Congress. ; and (2) by striking subparagraph (B) and inserting the following: (B) Studies and design activities under subsection (c) Any non-Federal interest that has received from the Secretary under subsection (c) a favorable recommendation to carry out a water resources development project, or separable element thereof, based on the results of completed studies and design documents for the project or element may carry out the project or element if— (i) a final environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) has been filed for the project or element; and (ii) the project is specifically authorized by Congress. . (d) Reimbursement Section 211(e) of such Act ( 33 U.S.C. 701b–13(e) ) is amended— (1) in paragraph (1)— (A) in subparagraph (B) by striking and at the end; (B) in subparagraph (C) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (D) if the project is specifically authorized by Congress. ; and (2) in paragraph (6)— (A) by striking subparagraph (B) and redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and (B) in subparagraph (B) (as so redesignated)— (i) by striking At the request and inserting In accordance with section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ), at the request ; and (ii) by inserting before the period at the end the following: , or toward the non-Federal share of any other authorized water resources development study or project of such non-Federal interest . (e) Other matters Section 211 of such Act ( 33 U.S.C. 701b–13 ) is amended by adding at the end the following: (h) Operation and maintenance of navigation projects Whenever a non-Federal interest constructs improvements to a harbor or inland harbor, the Secretary shall be responsible for maintenance in accordance with section 101(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b) ) if— (1) the Secretary determines, before construction, that the improvements, or separable elements thereof, are economically justified and environmentally acceptable; (2) the Secretary certifies that the project is constructed in accordance with applicable permits and the appropriate engineering and design standards; (3) the Secretary does not find that the project, or separable element thereof, is no longer economically justified or environmentally acceptable; and (4) the project is specifically authorized by Congress. (i) Implementation All laws and regulations that would apply to the Secretary if the Secretary were carrying out a project shall apply to the non-Federal interest carrying out a project under this section. (j) Notification of committees The Secretary shall notify in writing the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate prior to initiation of negotiations with a non-Federal interest regarding the utilization of the authorities under this section. . (f) Repeals The following provisions are repealed: (1) Section 204 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2232 ). (2) Section 206 of the Water Resources Development Act of 1992 ( 33 U.S.C. 426i–1 ) and the item relating to that section in the table of contents contained in section 1(b) of that Act. (3) Section 404 of the Water Resources Development Act of 1990 ( 33 U.S.C. 2232 note; 104 Stat. 4646) and the item relating to that section in the table of contents contained in section 1(b) of that Act. 108. Contributions by non-Federal interests (a) In general Section 5 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved June 22, 1936 ( 33 U.S.C. 701h ), is amended— (1) by striking from States and political subdivisions thereof, and inserting from a non-Federal interest (as defined in section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b )) ; (2) by striking , which includes planning and design ; (3) by inserting , including a project for navigation on the inland waterways, after study or project ; (4) by striking by States and political subdivisions thereof, and inserting by a non-Federal interest ; (5) by striking : Provided further , That the term States means the several States, the District of Columbia, the commonwealths, territories, and possessions of the United States, and Federally recognized Indian tribes ; and (6) by inserting : And provided further , That the term work means the planning, design, or construction of an authorized water resources development study or project, or the repair, restoration, or replacement of an authorized water resources development project that has been damaged by an event or incident that results in a declaration by the President of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) after contributing interests . (b) Notification for contributed funds Prior to the initiation of negotiations for accepting contributed funds under section 5 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved June 22, 1936 ( 33 U.S.C. 701h ), the Secretary shall provide written notice to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Environment and Public Works and the Committee on Appropriations of the Senate. (c) Technical amendments The following provisions are repealed: (1) Section 111(b) of the Energy and Water Development and Related Agencies Appropriations Act, 2012 (125 Stat. 858). (2) Section 4 of the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved March 4, 1915 ( 33 U.S.C. 560 ). 109. Contributions by non-Federal interests for management of Corps of Engineers inland navigation facilities (a) In general Section 225 of the Water Resources Development Act of 1992 ( 33 U.S.C. 2328 ) is amended— (1) by striking the section designation and heading and inserting the following: 225. Contributions by non-Federal interests for management of Corps of Engineers facilities ; (2) in subsection (a) by striking managing recreation facilities and inserting operating, maintaining, and managing inland navigational facilities, recreational facilities, ; and (3) in subsection (b) by striking and management of recreation facilities and inserting , maintenance, and management of inland navigation facilities, recreational facilities, . (b) Clerical amendment The table of contents contained in section 1(b) of the Water Resources Development Act of 1992 is amended by striking the item relating to section 225 and inserting the following: 225. Contributions by non-Federal interests for management of Corps of Engineers facilities. . 110. Additional contributions by non-Federal interests Section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 ) is amended— (1) by striking In order to insure and inserting (a) In general.— In order to insure ; and (2) by adding at the end the following: (b) Contributions by non-Federal interests Notwithstanding subsection (a), in accordance with section 5 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved June 22, 1936 ( 33 U.S.C. 701h ), the Secretary may accept funds from a non-Federal interest for any authorized water resources development project that has exceeded its maximum cost under subsection (a), and use such funds to carry out such project, if the use of such funds does not increase the Federal share of the cost of such project. . 111. Clarification of impacts to other Federal facilities In any case where the modification or construction of a water resources development project carried out by the Secretary adversely impacts other Federal facilities, the Secretary may accept from other Federal agencies such funds as may be necessary to address the adverse impact, including by removing, relocating, or reconstructing such facilities. 112. Clarification of previously authorized work (a) In general The Secretary may carry out measures to improve fish species habitat within the boundaries and downstream of a water resources project constructed by the Secretary that includes a fish hatchery if the Secretary— (1) has been explicitly authorized to compensate for fish losses associated with the project; and (2) determines that the measures are— (A) feasible; (B) consistent with authorized project purposes and the fish hatchery; and (C) in the public interest. (b) Cost sharing (1) In general Subject to paragraph (2), the non-Federal interest shall contribute 35 percent of the total cost of carrying out activities under this section, including the costs relating to the provision or acquisition of required land, easements, rights-of-way, dredged material disposal areas, and relocations. (2) Operation and maintenance The non-Federal interest shall contribute 100 percent of the costs of operation, maintenance, replacement, repair, and rehabilitation of the measures carried out under this section. 113. Tribal partnership program (a) In general Section 203 of the Water Resources Development Act of 2000 ( 33 U.S.C. 2269 ) is amended— (1) in subsection (d)(1)(B)— (A) by striking The ability and inserting the following: (i) In general The ability ; and (B) by adding at the end the following: (ii) Determination Not later than 180 days after the date of enactment of the Water Resources Reform and Development Act of 2013, the Secretary shall issue guidance on the procedures described in clause (i). ; and (2) by striking subsection (e) and inserting the following: (e) Restrictions The Secretary is authorized to carry out activities under this section in fiscal years 2014 through 2023. . (b) Cooperative agreements with Indian tribes The Secretary may enter into a cooperative agreement with an Indian tribe (or a designated representative of an Indian tribe) to carry out authorized activities of the Corps of Engineers to protect fish, wildlife, water quality, and cultural resources. 114. Technical corrections (a) Limitation; statutory construction Section 221(a)(4)(E) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(E)) is amended by striking clause (ii) and inserting the following: (ii) Limitation In any case in which a specific provision of law provides for a non-Federal interest to receive credit toward the non-Federal share of the cost of a study for, or construction or operation and maintenance of, a water resources project, the Secretary shall apply— (I) the specific provision of law instead of this paragraph; or (II) at the request of the non-Federal interest, the specific provision of law and such provisions of this paragraph as the non-Federal interest may request. (iii) Statutory construction Nothing in this subparagraph may be construed to affect the applicability of subparagraph (C). . (b) Water resources project defined Section 221(b) of such Act (42 U.S.C. 1962d–5b(b)) is amended— (1) by moving paragraphs (1) and (2) and the matter following paragraph (2) 2 ems to the right; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (3) by striking (b) Definition and all that follows through The term and inserting the following: (b) Definitions (1) Non-Federal interest The term ; and (4) by adding at the end the following: (2) Water resources project The term water resources project includes projects studied, reviewed, designed, constructed, operated and maintained, or otherwise subject to Federal participation under the authority of the civil works program of the Secretary of the Army for the purposes of navigation, flood damage reduction, ecosystem restoration, hurricane and storm damage reduction, water supply, recreation, hydroelectric power, fish and wildlife conservation, water quality, environmental infrastructure, resource protection and development, and related purposes. . (c) Correction Section 221(c) of such Act (42 U.S.C. 1962d–5b(c)) is amended by striking enforcible and inserting enforceable . (d) Federal allocation Section 2008(a) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2340(a) ) is amended by adding at the end the following: This subsection shall apply without regard to whether the original partnership agreement was entered into before, on, or after the date of enactment of this subsection. . (e) In-Kind credit Section 221(a)(4)(C) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(C)) is amended by striking In any case and all that follows through the period at the end and inserting the following: (i) Construction (I) In general In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of construction carried out by the non-Federal interest before execution of a partnership agreement and that construction has not been carried out as of the date of enactment of this clause, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work and shall do so prior to the non-Federal interest initiating construction or issuing a written notice to proceed for the construction. (II) Eligibility Construction that is carried out after the execution of an agreement under subclause (I) and any design activities that are required for that construction, even if the design activity is carried out prior to the execution of the agreement, shall be eligible for credit. (ii) Planning (I) In general In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of planning carried out by the non-Federal interest before execution of a feasibility cost sharing agreement, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such planning and shall do so prior to the non-Federal interest initiating that planning. (II) Eligibility Planning that is carried out by the non-Federal interest after the execution of an agreement under subclause (I) shall be eligible for credit. . 115. Water infrastructure public-private partnership pilot program (a) In general The Secretary shall establish a pilot program to evaluate the cost effectiveness and project delivery efficiency of allowing non-Federal interests to carry out authorized water resources development projects for coastal harbor improvement, channel improvement, inland navigation, flood damage reduction, aquatic ecosystem restoration, and hurricane and storm damage reduction. (b) Purposes The purposes of the pilot program established under subsection (a) are— (1) to identify cost-saving project delivery alternatives that reduce the backlog of authorized Corps of Engineers projects; and (2) to evaluate the technical, financial, and organizational benefits of allowing a non-Federal interest to carry out and manage the design or construction (or both) of 1 or more of such projects. (c) Subsequent appropriations Any activity undertaken under this section is authorized only to the extent specifically provided for in subsequent appropriations Acts. (d) Administration In carrying out the pilot program established under subsection (a), the Secretary shall— (1) identify for inclusion in the program at least 15 projects that are authorized for construction for coastal harbor improvement, channel improvement, inland navigation, flood damage reduction, or hurricane and storm damage reduction; (2) notify in writing the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of each project identified under paragraph (1); (3) in consultation with the non-Federal interest associated with each project identified under paragraph (1), develop a detailed project management plan for the project that outlines the scope, financing, budget, design, and construction resource requirements necessary for the non-Federal interest to execute the project, or a separable element of the project; (4) at the request of the non-Federal interest associated with each project identified under paragraph (1), enter into a project partnership agreement with the non-Federal interest under which the non-Federal interest is provided full project management control for the financing, design, or construction (or any combination thereof) of the project, or a separable element of the project, in accordance with plans approved by the Secretary; (5) following execution of a project partnership agreement under paragraph (4) and completion of all work under the agreement, issue payment, in accordance with subsection (g), to the relevant non-Federal interest for that work; and (6) regularly monitor and audit each project carried out under the program to ensure that all activities related to the project are carried out in compliance with plans approved by the Secretary and that construction costs are reasonable. (e) Selection criteria In identifying projects under subsection (d)(1), the Secretary shall consider the extent to which the project— (1) is significant to the economy of the United States; (2) leverages Federal investment by encouraging non-Federal contributions to the project; (3) employs innovative project delivery and cost-saving methods; (4) received Federal funds in the past and experienced delays or missed scheduled deadlines; (5) has unobligated Corps of Engineers funding balances; and (6) has not received Federal funding for recapitalization and modernization since the project was authorized. (f) Detailed project schedule Not later than 180 days after entering into a project partnership agreement under subsection (d)(4), a non-Federal interest, to the maximum extent practicable, shall submit to the Secretary a detailed project schedule for the relevant project, based on estimated funding levels, that specifies deadlines for each milestone with respect to the project. (g) Payment Payment to the non-Federal interest for work completed pursuant to a project partnership agreement under subsection (d)(4) may be made from— (1) if applicable, the balance of the unobligated amounts appropriated for the project; (2) other amounts appropriated to the Corps of Engineers, except that the total amount transferred to the non-Federal interest may not exceed the estimate of the Federal share of the cost of construction, including any required design; and (3) revenue generated by the project. (h) Technical assistance At the request of a non-Federal interest participating in the pilot program established under subsection (a), the Secretary may provide to the non-Federal interest, if the non-Federal interest contracts with and compensates the Secretary, technical assistance with respect to— (1) a study, engineering activity, or design activity related to a project carried out by the non-Federal interest under the program; and (2) obtaining permits necessary for such a project. (i) Identification of impediments (1) In general The Secretary shall— (A) except as provided in paragraph (2), identify any procedural requirements under the authority of the Secretary that impede greater use of public-private partnerships and private investment in water resources development projects; (B) develop and implement, on a project-by-project basis, procedures and approaches that— (i) address such impediments; and (ii) protect the public interest and any public investment in water resources development projects that involve public-private partnerships or private investment in water resources development projects; and (C) not later than 1 year after the date of enactment of this section, issue rules to carry out the procedures and approaches developed under subparagraph (B). (2) Rule of construction Nothing in this section may be construed to allow the Secretary to waive any requirement under— (A) sections 3141 through 3148 and sections 3701 through 3708 of title 40, United States Code; (B) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); or (C) any other provision of Federal law. (j) Public benefit studies (1) In general Before entering into a project partnership agreement under subsection (d)(4), the Secretary shall conduct an assessment of whether, and provide justification in writing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate that, the proposed agreement provides better public and financial benefits than a similar transaction using public funding or financing. (2) Requirements An assessment under paragraph (1) shall— (A) be completed in a period of not more than 90 days; (B) take into consideration any supporting materials and data submitted by the relevant non-Federal interest and other stakeholders; and (C) determine whether the proposed project partnership agreement is in the public interest by determining whether the agreement will provide public and financial benefits, including expedited project delivery and savings for taxpayers. (k) Non-Federal funding A project carried out under the pilot program established under subsection (a) may consist of the non-Federal interest financing the non-Federal share of the project. (l) Applicability of Federal law Any provision of Federal law that would apply to the Secretary if the Secretary were carrying out a project shall apply to a non-Federal interest carrying out a project under this section. (m) Cost share Nothing in this section affects a cost-sharing requirement under Federal law that is applicable to a project carried out under the pilot program established under subsection (a). (n) Report Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the results of the pilot program established under subsection (a), including any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis. (o) Non-Federal interest defined In this section, the term non-Federal interest includes non-Federal government entities and private entities. 116. Annual report to Congress (a) In general Not later than February 1 of each year, the Secretary shall develop and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate an annual report, to be entitled Report to Congress on Future Water Resources Development , that identifies the following: (1) Feasibility reports Each feasibility report that meets the criteria established in subsection (c)(1)(A). (2) Proposed feasibility studies Any proposed feasibility study submitted to the Secretary by a non-Federal interest pursuant to subsection (b) that meets the criteria established in subsection (c)(1)(A). (3) Proposed modifications Any proposed modification to an authorized water resources development project or feasibility study that meets the criteria established in subsection (c)(1)(A) that— (A) is submitted to the Secretary by a non-Federal interest pursuant to subsection (b); or (B) is identified by the Secretary for authorization. (b) Requests for proposals (1) Publication Not later than May 1 of each year, the Secretary shall publish in the Federal Register a notice requesting proposals from non-Federal interests for proposed feasibility studies and proposed modifications to authorized water resources development projects and feasibility studies to be included in the annual report. (2) Deadline for requests The Secretary shall include in each notice required by this subsection a requirement that non-Federal interests submit to the Secretary any proposals described in paragraph (1) by not later than 120 days after the date of publication of the notice in the Federal Register in order for such proposals to be considered for inclusion in the annual report. (3) Notification On the date of publication of each notice required by this subsection, the Secretary shall— (A) make the notice publicly available, including on the Internet; and (B) provide written notification of such publication to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (c) Contents (1) Feasibility reports, proposed feasibility studies, and proposed modifications (A) Criteria for inclusion in report The Secretary shall include in the annual report only those feasibility reports, proposed feasibility studies, and proposed modifications to authorized water resources development projects and feasibility studies that— (i) are related to the missions and authorities of the Corps of Engineers; (ii) require specific authorization by Congress in law or otherwise; (iii) are not authorized by Congress; (iv) have not been included in any previous annual report; and (v) if authorized, could be carried out by the Corps of Engineers. (B) Description of benefits For each proposed feasibility study and proposed modification to an authorized water resources development project or feasibility study included in the annual report, the Secretary shall describe the potential benefit of the proposed feasibility study or modification, including, to the extent applicable, whether the water resources development project that is the subject of the proposed feasibility study, or the proposed modification, will— (i) reduce risks to human life or public safety or property; (ii) benefit the national economy; (iii) stimulate the creation of jobs; (iv) reduce the need for future disaster relief; (v) promote the development and delivery of domestic energy resources; (vi) improve the competitiveness of United States exports; (vii) improve water-related transportation for interstate or international commerce; (viii) restore or protect, or mitigate the impacts of a water resources development project on, the environment; or (ix) promote the use of cost-effective and sustainable solutions to water resources challenges. (2) Transparency The Secretary shall include in the annual report, for each feasibility report, proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility study included under paragraph (1)(A)— (A) the name of the associated non-Federal interest, including the name of any non-Federal interest that has contributed, or is expected to contribute, a non-Federal share of the cost of— (i) the feasibility report; (ii) the proposed feasibility study; (iii) the authorized feasibility study for which the modification is proposed; or (iv) construction of— (I) the water resources development project that is the subject of— (aa) the feasibility report; (bb) the proposed feasibility study; or (cc) the authorized feasibility study for which a modification is proposed; or (II) the proposed modification to an authorized water resources development project; (B) a letter or statement of support for the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study from each associated non-Federal interest; (C) the purpose of the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study; (D) an estimate of the Federal, non-Federal, and total costs of— (i) the proposed feasibility study, or proposed modification to an authorized feasibility study; and (ii) construction of— (I) the water resources development project that is the subject of— (aa) the feasibility report; or (bb) the authorized feasibility study for which a modification is proposed, with respect to the change in costs resulting from such modification; or (II) the proposed modification to an authorized water resources development project; and (E) an estimate, to the extent practicable, of the monetary and nonmonetary benefits of— (i) the water resources development project that is the subject of— (I) the feasibility report; (II) the proposed feasibility study; or (III) the authorized feasibility study for which a modification is proposed, with respect to the benefits of such modification; or (ii) the proposed modification to an authorized water resources development project. (3) Certification The Secretary shall include in the annual report a certification stating that each feasibility report, proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility study included in the annual report meets the criteria in paragraph (1)(A). (4) Appendix The Secretary shall include in the annual report an appendix listing the proposals submitted under subsection (b) that were not included in the annual report under paragraph (1)(A) and a description of why the Secretary determined that those proposals did not meet the criteria for inclusion under such paragraph. (d) Special rule for initial annual report Notwithstanding any other deadlines required by this section, the Secretary shall— (1) not later than 30 days after the date of enactment of this Act, publish in the Federal Register a notice required by subsection (b)(1); (2) include in such notice a requirement that non-Federal interests submit to the Secretary any proposals described in subsection (b)(1) by not later than 90 days after the date of publication of such notice in the Federal Register in order for such proposals to be considered for inclusion in the first annual report developed by the Secretary under this section; and (3) not later than 180 days after the date of enactment of this Act, submit an annual report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (e) Publication Upon submission of the annual report to Congress, the Secretary shall make the annual report publicly available, including through publication on the Internet. (f) Definitions In this section, the following definitions apply: (1) Annual report The term annual report means the report required by subsection (a). (2) Feasibility report The term feasibility report means a final feasibility report developed under section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ), and includes— (A) a report described in section 105(d)(2) of such Act ( 33 U.S.C. 2215(d)(2) ); and (B) where applicable, any associated report of the Chief of Engineers. (3) Feasibility study The term feasibility study has the meaning given that term in section 105 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2215 ). (4) Non-Federal interest The term non-Federal interest has the meaning given that term in section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ). 117. Actions to be taken in conjunction with the President’s annual budget submission to Congress (a) Recommendations for Corps of Engineers construction projects in President’s budget (1) In general For each fiscal year, as part of the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code, the President shall— (A) identify and recommend Corps of Engineers construction projects for which Congress should provide funding at the full level authorized for the project; and (B) provide an explanation of the process used by the President in making the recommendations. (2) Covered period The President shall make recommendations under paragraph (1) for the fiscal year for which the budget submission is prepared and each of the succeeding 4 fiscal years. (3) Basis for making recommendations The President shall base recommendations under paragraph (1) on the assumption that $2,000,000,000 will be appropriated for Corps of Engineers construction projects for each fiscal year. (b) Missouri River Basin To assist in the prioritization of Federal activities carried out related to the project for mitigation of fish and wildlife losses, Missouri River Bank Stabilization and Navigation Project, Missouri, Kansas, Iowa, and Nebraska, authorized by section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143), and in conjunction with the President’s submission to Congress of a budget under section 1105(a) of title 31, United States Code, the Secretary shall submit to Congress a report that provides— (1) an inventory of all Federal actions taken and a prioritization of all Federal actions planned in furtherance of the project, including an inventory of lands owned, acquired, or directly controlled by the Federal Government, and lands enrolled in federally assisted conservation programs; (2) a description of the specific Federal actions proposed for the upcoming fiscal year in furtherance of the project; (3) an assessment of the progress made in furtherance of the project, including a description of how each of the actions identified under paragraph (1) have impacted such progress; and (4) an assessment of additional actions necessary to achieve the results of the project. 118. Hurricane and storm damage reduction study As part of the study for flood and storm damage reduction related to natural disasters to be carried out by the Secretary under title II of division A of the Disaster Relief Appropriations Act, 2013, under the heading Department of the Army—Corps of Engineers—Civil—Investigations (127 Stat. 5), the Secretary shall make specific project recommendations. The Secretary may include those recommendations in the report entitled Report to Congress on Future Water Resources Development , developed in accordance with this Act. 119. Non-Federal plans to provide additional flood risk reduction (a) In general If requested by a non-Federal interest, the Secretary shall carry out a locally preferred plan that provides a higher level of protection than a flood risk management project authorized under this Act if the Secretary determines that— (1) the plan is technically feasible and environmentally acceptable; and (2) the benefits of the plan exceed the costs of the plan. (b) Non-Federal costs If the Secretary carries out a locally preferred plan under subsection (a), the cost attributable to the higher level of protection provided under the plan shall be paid by the non-Federal interest. 120. Review of emergency response authorities (a) In general The Secretary shall undertake a review of implementation of section 5 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved August 18, 1941 ( 33 U.S.C. 701n ), to evaluate the alternatives available to the Secretary to ensure— (1) the safety of affected communities to future flooding and storm events; (2) the resiliency of water resources development projects to future flooding and storm events; (3) the long-term cost effectiveness of water resources development projects that provide flood control and hurricane and storm damage reduction benefits; and (4) the policy goals and objectives that have been outlined by the President as a response to recent extreme weather events, including Hurricane Sandy, that relate to preparing for future floods are met. (b) Scope of review In carrying out the review, the Secretary shall— (1) review the historical precedents and implementation of section 5 of such Act, including those actions undertaken by the Secretary, over time, under that section— (A) to repair or restore a project; and (B) to increase the level of protection for a damaged project to address future conditions; (2) evaluate the difference between adopting, as an appropriate standard under section 5 of such Act, the repair or restoration of a project to pre-flood or pre-storm levels and the repair or restoration of a project to a design level of protection, including an assessment for each standard of— (A) the implications on populations at risk of flooding or damage; (B) the implications on probability of loss of life; (C) the implications on property values at risk of flooding or damage; (D) the implications on probability of increased property damage and associated costs; (E) the implications on local and regional economies; and (F) the estimated total cost and estimated cost savings; (3) incorporate the science on expected rates of sea-level rise and extreme weather events; and (4) incorporate the work completed by the Hurricane Sandy Rebuilding Task Force, established by Executive Order 13632 (December 7, 2012). (c) Report to Congress Not later than 1 year after the date of enactment of this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the review. 121. Emergency communication of risk (a) In general In any river basin where the Secretary carries out flood risk management activities subject to an annual operating plan, the Secretary shall establish procedures for providing the public and affected governments, including Indian tribes, in the river basin with— (1) timely information regarding expected water levels; (2) advice regarding appropriate preparedness actions; (3) technical assistance; and (4) any other information or assistance determined appropriate by the Secretary. (b) Procedures The Secretary shall utilize the procedures only when precipitation or runoff exceeds those calculations considered as the lowest risk to life and property contemplated by the annual operating plan. (c) Definitions In this section, the following definitions apply: (1) Affected government The term affected government means a State, local, or tribal government with jurisdiction over an area that will be affected by a flood. (2) Annual operating plan The term annual operating plan means a plan prepared by the Secretary that describes potential water condition scenarios for a river basin for a year. 122. Improvements to the National Dam Safety Program Act (a) Administrator (1) In general The National Dam Safety Program Act ( 33 U.S.C. 467 et seq. ) is amended by striking Director each place it appears and inserting Administrator . (2) Conforming amendment Section 2(3) of such Act ( 33 U.S.C. 467(3) ) is amended in the paragraph heading by striking Director and inserting Administrator . (b) Inspection of dams Section 3(b)(1) of such Act ( 33 U.S.C. 467a(b)(1) ) is amended by striking or maintenance and inserting maintenance, condition, or provision for emergency operations . (c) National dam safety program (1) Objectives Section 8(c)(4) of such Act ( 33 U.S.C. 467f(c)(4) ) is amended to read as follows: (4) develop and implement a comprehensive dam safety hazard education and public awareness initiative to assist the public in mitigating against, preparing for, responding to, and recovering from dam incidents; . (2) Board Section 8(f)(4) of such Act ( 33 U.S.C. 467f(f)(4) ) is amended by inserting , representatives from nongovernmental organizations, after State agencies . 123. Restricted areas at Corps of Engineers dams Section 2 of the Freedom to Fish Act ( Public Law 113–13 ; 127 Stat. 449) is amended— (1) in subsection (b)(1) by striking until the date that is 2 years after the date of enactment of this Act ; (2) in the heading of subsection (c) by inserting or Modified after New ; and (3) in subsection (c)— (A) in matter preceding paragraph (1) by inserting new or modified after establishes any ; and (B) in paragraph (3) by striking until the date that is 2 years after the date of enactment of this Act and inserting until the Secretary has complied with the provisions of this subsection . 124. Levee safety Section 22 of the Water Resources Development Act of 1974 ( 42 U.S.C. 1962d–16 ) is amended by redesignating subsection (e) as subsection (f) and inserting after subsection (d) the following: (e) Levee safety (1) In general At the request of a State or political subdivision thereof, and in consultation with that State and appropriate non-Federal interests, the Secretary may provide technical assistance to a State to— (A) encourage effective State or local programs intended to ensure levee safety to protect human life and property; (B) assist the State or political subdivision in establishing and carrying out a levee safety program; or (C) improve an existing State or local levee safety program. (2) Purposes The purposes of technical assistance provided under this subsection shall be— (A) to ensure that human lives and property that are protected by new and existing levees are safe; (B) to encourage the use of appropriate engineering policies and procedures for levee site investigation, design, construction, operation and maintenance, and emergency preparedness; (C) to encourage effective levee safety programs in a State; (D) to develop and support public education and awareness projects to increase public acceptance and support of levee safety programs; (E) to build public awareness of the residual risks associated with living in levee protected areas; and (F) to develop technical assistance materials, seminars, and guidelines to improve the security of levees in the United States. (3) Federal guidelines (A) In general In carrying out this subsection, the Secretary, in consultation with States and non-Federal interests, shall establish Federal guidelines relating to levee safety. (B) Incorporation of Federal activities The guidelines established under subparagraph (A) shall encompass, to the maximum extent practicable, activities and practices carried out by appropriate Federal agencies. (C) Incorporation of State and local activities The guidelines established under subparagraph (A) shall encompass, to the maximum extent practicable— (i) the activities and practices carried out by States, local governments, and the private sector to safely build, regulate, operate, and maintain levees; and (ii) Federal activities that facilitate State efforts to develop and implement effective State programs for the safety of levees, including levee inspection, levee rehabilitation, locally developed flood plain management, and public education and training programs. (D) Review The Secretary shall allow States and non-Federal interests, including appropriate stakeholders, to review and comment on the guidelines established under subparagraph (A) before the guidelines are made final. (4) Assistance for State levee safety programs (A) Eligibility To be eligible for technical assistance under this subsection, a State shall— (i) be in the process of establishing or have in effect a State levee safety program under which a State levee safety agency, in accordance with State law, carries out the guidelines established under paragraph (3); and (ii) allocate sufficient funds in the budget of that State to carry out such State levee safety program. (B) Work plans The Secretary shall enter into an agreement with each State receiving technical assistance under this subsection to develop a work plan necessary for the State levee safety program of that State to reach a level of program performance that meets the guidelines established under paragraph (3). (C) Inspection programs The Secretary shall work with States receiving technical assistance under this subsection to develop State technical guidelines for levee inspection programs that— (i) address hazard classifications and technically based frameworks for levee assessment; and (ii) are incorporated into State levee safety programs. (D) Maintenance of effort Technical assistance may not be provided to a State under this subsection during a fiscal year unless the State enters into an agreement with the Secretary to ensure that the State will maintain during that fiscal year aggregate expenditures for programs to ensure levee safety that are at or above the average annual level of such expenditures for the State for the 2 fiscal years preceding that fiscal year. . 125. Vegetation on levees (a) Review The Secretary of the Army, in accordance with subsection (c), shall undertake a comprehensive review of the Corps of Engineers policy guidelines on vegetation management for levees (in this section referred to as the guidelines ). The Secretary shall commence the review upon the date of enactment of this Act. (b) Factors (1) In general In conducting the review, the Secretary shall examine the guidelines in view of— (A) the varied interests and responsibilities in managing flood risks, including the need to provide the greatest levee safety benefit with limited resources; (B) preserving, protecting, and enhancing natural resources, including the potential benefit that vegetation on levees can have in providing habitat for species of concern; (C) protecting the rights of Indian tribes pursuant to treaties and statutes; (D) determining how vegetation impacts the performance of a levee or levee system during a storm or flood event; and (E) such other factors as the Secretary considers appropriate. (2) Regional and watershed considerations In conducting the review, the Secretary shall specifically consider factors that promote and allow for consideration of potential variances from national guidelines on a regional or watershed basis. Such factors may include regional or watershed soil conditions, hydrologic factors, vegetation patterns and characteristics, environmental resources, levee performance history, institutional considerations, and other relevant factors. The scope of a variance approved by the Secretary may include an exemption to national guidelines where appropriate. (c) Cooperation and recommendations (1) In general The review shall be undertaken in cooperation with interested Federal agencies and in consultation with interested representatives of State and local governments, Indian tribes, appropriate nongovernmental organizations, and the public. (2) Recommendations Corps of Engineers Regional Integration Teams, representing districts, divisions, and headquarters, in consultation with State and Federal resources agencies, and with participation by local agencies, shall recommend to the Secretary vegetation management policies for levees that conform with State and Federal laws and other applicable requirements. (d) Revision of guidelines (1) In general During the 1-year period beginning on the date of enactment of this Act, the Secretary shall— (A) provide the public 30 days to review and comment on the guidelines; (B) revise the guidelines based on consideration of the results of the public review; and (C) submit to Congress a report that contains a summary of the activities of the Secretary and a description of the findings of the Secretary under this section. (2) Content; incorporation into manual The revised guidelines shall— (A) provide a practical process for approving regional or watershed variances from the national guidelines, reflecting due consideration of measures to maximize public safety benefits with limited resources, levee performance, regional climatic and hydrologic variations, environmental quality, implementation challenges, and allocation of responsibilities; and (B) be incorporated into the manual proposed under section 5(c) of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved August 18, 1941 ( 33 U.S.C. 701n(c) ). (e) Continuation of work Concurrent with completion of the requirements of this section, the Secretary shall proceed without interruption or delay with those ongoing or programmed projects and studies, or elements of projects or studies, that are not directly related to vegetation variance policy. 126. Reduction of Federal costs Section 204(a) of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326(a) ) is amended by adding at the end the following: (4) Reducing costs To reduce or avoid Federal costs, the Secretary shall consider the beneficial use of dredged material in a manner that contributes to the maintenance of sediment resources in the nearby coastal system. . 127. Advanced modeling technologies (a) In general To the greatest extent practicable, the Secretary shall encourage and incorporate advanced modeling technologies, including 3-dimensional digital modeling, for activities related to water resources development projects and studies. (b) Activities In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall— (1) compile information related to advanced modeling technologies, including industry best practices with respect to the use of the technologies; (2) disseminate to non-Federal interests the information described in paragraph (1); and (3) promote the use of advanced modeling technologies. (c) Advanced modeling technology defined In this section, the term advanced modeling technology means an available or developing technology, including 3-dimensional digital modeling, that can expedite project delivery for or improve the evaluation of water resources development projects that receive Federal funding by— (1) accelerating and improving the environmental review process; (2) increasing effective public participation; (3) enhancing the detail and accuracy of project designs; (4) increasing safety; (5) accelerating construction and reducing construction costs; or (6) otherwise achieving such purposes. 128. Enhanced use of electronic commerce in Federal procurement (a) Report Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the Secretary’s actions to carry out section 2301 of title 41, United States Code, regarding the use of electronic commerce in Federal procurement. (b) Contents The report submitted under subsection (a) shall include, with respect to the 2 fiscal years most recently ended before the fiscal year in which the report is submitted— (1) an identification of the number, type, and dollar value of procurement solicitations with respect to which the public was permitted to respond to the solicitation electronically, which shall differentiate between solicitations that allowed full or partial electronic submission; (2) an analysis of the information provided under paragraph (1) and actions that could be taken by the Secretary to refine and improve the use of electronic submission for procurement solicitation responses; (3) an analysis of the potential benefits of and obstacles to implementing fuller use of electronic submission for procurement solicitation responses, including with respect to cost savings, error reduction, paperwork reduction, increased bidder participation, and competition, and expanded use of electronic bid data collection for cost-effective contract management and timely reporting; and (4) an analysis of the options and technologies available to facilitate expanded implementation of electronic submission for procurement solicitation responses and the suitability of each option and technology for contracts of various types and sizes. 129. Corrosion prevention (a) In general To the greatest extent practicable, the Secretary shall encourage and incorporate corrosion prevention activities at water resources development projects. (b) Activities In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall ensure that contractors performing work for water resources development projects— (1) use best practices to carry out corrosion prevention activities in the field; (2) use industry recognized standards and corrosion mitigation and prevention methods when— (A) determining protective coatings; (B) selecting materials; and (C) determining methods of cathodic protection, design, and engineering for corrosion prevention; (3) use certified coating application specialists and cathodic protection technicians and engineers; (4) use best practices in environmental protection to prevent environmental degradation, and to ensure careful handling of all hazardous materials; (5) demonstrate a history of employing industry-certified inspectors to ensure adherence to best practices and standards; and (6) demonstrate a history of compliance with applicable requirements of the Occupational Safety and Health Administration. (c) Corrosion prevention activities defined In this section, the term corrosion prevention activities means— (1) the application and inspection of protective coatings for complex work involving steel and cementitious structures, including structures that will be exposed in immersion; (2) the installation, testing, and inspection of cathodic protection systems; and (3) any other activities related to corrosion prevention the Secretary determines appropriate. 130. Resilient construction and use of innovative materials The Secretary, to the extent practicable, shall encourage the use of durable, resilient, and sustainable materials and practices, including the use of geosynthetic materials, advanced composites, and innovative technologies, in carrying out the activities of the Corps of Engineers. 131. Assessment of water supply in arid regions (a) In general The Secretary shall conduct an assessment of the management practices, priorities, and authorized purposes at Corps of Engineers reservoirs in arid regions to determine the effects of such practices, priorities, and purposes on water supply during periods of drought. (b) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the assessment. 132. River basin commissions Section 5019 of the Water Resources Development Act of 2007 (121 Stat. 1201) is amended by adding at the end the following: (f) Report After each fiscal year, if the Secretary did not allocate funds in accordance with subsection (b), the Secretary, in conjunction with the President’s next submission to Congress of a budget under section 1105(a) of title 31, United States Code, shall submit to Congress a report that describes— (1) the reasons why the Secretary did not allocate funds in accordance with subsection (b) during that fiscal year; and (2) the impact, on the jurisdiction of each Commission specified in subsection (b), of not allocating the funds, including with respect to— (A) water supply allocation; (B) water quality protection; (C) regulatory review and permitting; (D) water conservation; (E) watershed planning; (F) drought management; (G) flood loss reduction; (H) recreation; and (I) energy development. . 133. Sense of Congress regarding water resources development bills (a) Findings Congress finds the following: (1) Between 1986 and 2000, a water resources development bill was typically enacted every 2 years. (2) Since 2000, only 1 water resources development bill has been enacted. (b) Sense of Congress 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. 134. Donald G. Waldon Lock and Dam It is the sense of Congress that, at an appropriate time and in accordance with the rules of the House of Representatives and the Senate, to recognize the contributions of Donald G. Waldon, whose selfless determination 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 Waterway 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 . 135. Aquatic invasive species Section 104(a) of the River and Harbor Act of 1958 ( 33 U.S.C. 610(a) ) is amended by inserting and aquatic invasive species after noxious aquatic plant growths . 136. Recreational access (a) In general The Secretary may not prohibit the use of a floating cabin on waters under the jurisdiction of the Secretary if— (1) the floating cabin is in compliance regulations for recreational vessels issued under chapter 43 of title 46, United States Code, and section 312 of the Federal Water Pollution Control Act ( 33 U.S.C. 1322 ); and (2) the Secretary has authorized the use of recreational vessels on such waters. (b) Floating cabin defined In this section, the term floating cabin means a vessel, as defined in section 3 of title 1, United States Code, with overnight accommodations. 137. Territories of the United States Section 1156 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2310 ) is amended— (1) by striking The Secretary shall waive and inserting (a) In general .—The Secretary shall waive ; and (2) by adding at the end the following: (b) Inflation adjustment The Secretary shall adjust the dollar amount specified in subsection (a) for inflation for the period beginning on November 17, 1986, and ending on the date of enactment of this subsection. . 138. Sense of Congress regarding interstate water agreements and compacts (a) Findings Congress finds the following: (1) States and local interests have primary responsibility for developing water supplies for domestic, municipal, industrial, and other purposes. (2) 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. (3) Interstate water disputes are most properly addressed through interstate water agreements or compacts that take into consideration the concerns of all affected States. (b) Sense of Congress It is the sense of Congress that— (1) Congress and the Secretary should urge States to reach agreement on interstate water agreements and compacts; (2) 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; (3) Congress should provide prompt consideration of interstate water agreements and compacts; and (4) 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. II Navigation Improvements A Ports 201. Expanded use of Harbor Maintenance Trust Fund (a) In general For any fiscal year in which target appropriations described in subsection (b) are met, the Secretary may use up to 5 percent of the total amount made available to the Secretary from the Harbor Maintenance Trust Fund for the eligible operations and maintenance costs described in section 210(a)(2) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238(a)(2) ) for that fiscal year for expanded uses of the Harbor Maintenance Trust Fund. (b) Target appropriations For purposes of this section, target appropriations are met for a fiscal year if the total amount made available to the Secretary from the Harbor Maintenance Trust Fund for that fiscal year equals or exceeds, as determined by the Secretary, the following: (1) For fiscal year 2014, 65 percent of the total amount of harbor maintenance taxes received in fiscal year 2013. (2) For fiscal year 2015, 67 percent of the total amount of harbor maintenance taxes received in fiscal year 2014. (3) For fiscal year 2016, 69 percent of the total amount of harbor maintenance taxes received in fiscal year 2015. (4) For fiscal year 2017, 71 percent of the total amount of harbor maintenance taxes received in fiscal year 2016. (5) For fiscal year 2018, 73 percent of the total amount of harbor maintenance taxes received in fiscal year 2017. (6) For fiscal year 2019, 75 percent of the total amount of harbor maintenance taxes received in fiscal year 2018. (7) For fiscal year 2020, and each fiscal year thereafter, 80 percent of total amount of harbor maintenance taxes received in the previous fiscal year. (c) Definitions In this section, the following definitions apply: (1) Eligible harbors and inland harbors defined The term eligible harbor or inland harbor means a harbor or inland harbor that, historically, as determined by the Secretary— (A) generates an amount of harbor maintenance taxes; that exceeds (B) the value of work carried out for the harbor or inland harbor using amounts from the Harbor Maintenance Trust Fund. (2) Expanded uses The term expanded uses means the following activities performed for an eligible harbor or inland harbor: (A) The maintenance dredging of a berth in a harbor that is accessible to a Federal navigation project and that benefits commercial navigation at the harbor. (B) The maintenance dredging and disposal of legacy-contaminated sediment, and sediment unsuitable for open water disposal, if— (i) such dredging and disposal benefits commercial navigation at the harbor; and (ii) such sediment— (I) is located in and affects the maintenance of a Federal navigation project; or (II) is located in a berth that is accessible to a Federal navigation project. (3) Total amount of harbor maintenance taxes received The term total amount of harbor maintenance taxes received means, with respect to a fiscal year, the aggregate of amounts appropriated, transferred, or credited to the Harbor Maintenance Trust Fund under section 9505(a) of the Internal Revenue Code of 1986 for that fiscal year as set forth in the current year estimate provided in the President’s budget request for the subsequent fiscal year, submitted pursuant to section 1105 of title 31, United States Code. (d) Conforming amendment Section 9505(c)(1) of the Internal Revenue Code of 1986 is amended by striking (as in effect on the date of the enactment of the Water Resources Development Act of 1996) . (e) Sense of Congress It is the sense of Congress that any increase in harbor maintenance programs described in this section shall result from an overall increase in appropriations for the civil works program of the Corps of Engineers and not from similar reductions in the appropriations for other programs, projects, and activities carried out by the Corps of Engineers for other authorized purposes. 202. Assessment and prioritization of operation and maintenance (a) Assessment Section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 ) is amended by adding at the end the following: (c) Assessment of operation and maintenance needs (1) In general Not later than 90 days after the date of enactment of this subsection, and biennially thereafter, the Secretary shall assess the operation and maintenance needs of the harbors referred to in subsection (a)(2). (2) Types of harbors In carrying out paragraph (1), the Secretary shall assess the operation and maintenance needs of the harbors used for— (A) commercial navigation; (B) commercial fishing; (C) subsistence, including utilization by Indian tribes (as such term is defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )) for subsistence and ceremonial purposes; (D) use as a harbor of refuge; (E) transportation of persons; (F) purposes relating to domestic energy production, including the fabrication, servicing, or supply of domestic offshore energy production facilities; (G) activities of the Secretary of the department in which the Coast Guard is operating; (H) public health and safety related equipment for responding to coastal and inland emergencies; (I) recreation purposes; and (J) any other authorized purpose. (3) Report to Congress For fiscal year 2015, and biennially thereafter, in conjunction with the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that, with respect to harbors referred to in subsection (a)(2)— (A) identifies the operation and maintenance costs associated with the harbors, including those costs required to achieve and maintain the authorized length, width, and depth for the harbors, on a project-by-project basis; (B) identifies the amount of funding requested in the President’s budget for the operation and maintenance costs associated with the harbors, on a project-by-project basis; (C) identifies the unmet operation and maintenance needs associated with the harbors, on a project-by-project basis; and (D) identifies the harbors for which the President will allocate funding over the next 5 fiscal years for operation and maintenance activities, on a project-by-project basis, including the amounts to be allocated for such purposes. . (b) Operation and maintenance of emerging harbor projects Section 210 of such Act ( 33 U.S.C. 2238 ) is further amended by adding at the end the following: (d) Operation and maintenance of emerging harbor projects (1) In general To the maximum extent practicable, the Secretary shall make expenditures to pay for operation and maintenance costs of the harbors referred to in subsection (a)(2), including expenditures of funds appropriated from the Harbor Maintenance Trust Fund, based on an equitable allocation of funds among all such harbors, regardless of the size or tonnage throughput of the harbor. (2) Criteria In determining the equitable allocation of funds under paragraph (1), the Secretary shall— (A) utilize the information obtained in the assessment conducted under subsection (c); (B) consider the national and regional significance of harbor operation and maintenance; and (C) not make such allocation based solely on the tonnage transiting through a harbor. (3) Emerging harbors (A) In general Notwithstanding paragraph (1), in making expenditures described in paragraph (1) for each of fiscal years 2015 and 2016, the Secretary shall allocate not less than 10 percent of the total amount of the expenditures to pay for operation and maintenance costs of emerging harbors. (B) Emerging harbor defined In this paragraph, the term emerging harbor means a harbor referred to in subsection (a)(2) that transits less than 1,000,000 tons of commerce annually. (4) Emergency expenditures Nothing in this subsection may be construed to prohibit the Secretary from making an expenditure to pay for the operation and maintenance costs of a specific harbor, including the transfer of funding from the operation and maintenance of a separate project, if— (A) the Secretary determines that the action is necessary to address the navigation needs of a harbor where safe navigation has been severely restricted due to an unforeseen event; and (B) the Secretary provides advance notice and information on the need for the action to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Environment and Public Works and the Committee on Appropriations of the Senate. (5) Management of Great Lakes Navigation System To sustain effective and efficient operation and maintenance of the Great Lakes Navigation System, including any navigation feature in the Great Lakes that is a Federal responsibility with respect to operation and maintenance, the Secretary shall manage and allocate funding for all of the individually authorized projects in the Great Lakes Navigation System as components of a single, comprehensive system, recognizing the interdependence of the projects. . 203. Preserving United States harbors (a) In general The Secretary may enter into an agreement with a non-Federal interest, at the request of the non-Federal interest, under which the Secretary agrees to maintain a navigation project for a harbor or inland harbor (in this section referred to as a ‘‘federally authorized harbor’’) in accordance with section 101(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b) ). (b) Report by non-Federal interest (1) In general To be eligible to enter into an agreement under subsection (a) with respect to a federally authorized harbor, a non-Federal interest shall submit to the Secretary a report justifying economic investment in maintenance of the harbor. (2) Justification of investment A report submitted under paragraph (1) may justify economic investment in the maintenance of a federally authorized harbor based on— (A) projected economic benefits, including transportation savings and job creation; and (B) other factors, including navigation safety, national security, and sustainability of subsistence harbors. (3) Termination of certain agreements An agreement entered into under subsection (a) with respect to a federally authorized harbor shall contain terms to allow the Secretary to terminate the agreement if the Secretary determines that Federal economic investment in maintaining the harbor is no longer justified. (c) Limitation on statutory construction Nothing in this section may be construed to preclude the operation and maintenance of a federally authorized harbor under section 101(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b) ). 204. Consolidation of deep draft navigation expertise Section 2033(e) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2282a(e) ) is amended by adding at the end the following: (3) Deep draft navigation planning center of expertise (A) In general The Secretary shall consolidate deep draft navigation expertise within the Corps of Engineers into a deep draft navigation planning center of expertise. (B) List Not later than 60 days after the date of the consolidation required under subparagraph (A), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a list of personnel, including the grade levels and expertise of the personnel, assigned to the center described in subparagraph (A). . 205. Disposal sites (a) In general The Secretary, in accordance with subsections (b) and (c) and with the concurrence of the Administrator of the Environmental Protection Agency, is authorized to reopen the Cape Arundel Disposal Site (in this section referred to as the Site ) as an alternative dredged material disposal site under section 103(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 ( 33 U.S.C. 1413(b) ). (b) Deadline The Site may remain open under subsection (a) until the earlier of— (1) the date on which the Site does not have any remaining disposal capacity; (2) the date on which an environmental impact statement designating an alternative dredged material disposal site for southern Maine has been completed; or (3) the date that is 5 years after the date of enactment of this Act. (c) Limitations The use of the Site as a dredged material disposal site under subsection (a) shall be subject to the conditions that— (1) conditions at the Site remain suitable for the continued use of the Site as a dredged material disposal site; and (2) the Site not be used for the disposal of more than 80,000 cubic yards from any single dredging project. B Inland Waterways 211. Definitions In this subtitle, the following definitions apply: (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 waterways that is— (A) authorized before, on, or after the date of enactment of this Act; (B) not completed on the date of enactment of this Act; and (C) funded at least in part from the Inland Waterways Trust Fund. 212. 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 management training and certification; and (B) the project manager be assigned from among personnel 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 implemented— (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 feasibility 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 qualifying projects to improve the likelihood of on-time and on-budget completion of qualifying projects; (2) evaluate early contractor involvement acquisition procedures 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 Secretary of an applicable military construction program; (B) the development and use of a portfolio of standard designs for inland navigation locks; (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 procedures 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 User 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 recommendations 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 recommendations to the Secretary regarding construction and rehabilitation priorities and spending levels; (B) advice and recommendations to Congress regarding any completed feasibility report in accordance with section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ) relating to those features and components; (C) advice and recommendations to Congress regarding an increase in the authorized cost of those features and components; (D) not later than 60 days after the date of the submission 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 informal 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. (4) Independent judgment Any advice or recommendation made by the Users Board to the Secretary shall reflect the independent judgment of the Users Board. ; (2) by striking subsection (c) and inserting the following: (c) Duties of Secretary The Secretary shall— (1) communicate not less than once each quarter to the Users Board the status of the study, design, or construction of all commercial navigation features or components of the inland waterways or inland harbors of the United States; and (2) submit to the Users Board a courtesy copy of all completed feasibility reports relating to a commercial navigation feature or component of the inland waterways or inland harbors of the United States. (d) Capital investment program (1) In general Not later than 1 year after the date of enactment of this subsection, the Secretary, in coordination with the Users Board, shall develop and submit to Congress a report describing a 20-year program for making capital investments on the inland and intracoastal waterways based on the application of objective, national project selection prioritization criteria. (2) Consideration In developing the program under paragraph (1), the Secretary shall take into consideration the 20-year capital investment strategy contained in the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Users Board. (3) Criteria In developing the plan and prioritization criteria under paragraph (1), the Secretary shall ensure, to the maximum extent practicable, that investments made under the 20-year program described in paragraph (1)— (A) are made in all geographical areas of the inland waterways system; and (B) ensure efficient funding of inland waterways projects. (4) Strategic review and update Not later than 5 years after the date of enactment of this subsection, and not less frequently than once every 5 years thereafter, the Secretary, in coordination with the Users Board, shall— (A) submit to Congress a strategic review of the 20-year program in effect under this subsection, which shall identify and explain any changes to the project-specific recommendations contained in the previous 20-year program (including any changes to the prioritization criteria used to develop the updated recommendations); and (B) make revisions to the program, as appropriate. (e) Project management plans The chairperson of the Users Board and the project development team member appointed by the chairperson under subsection (b)(3) may sign the project management plan for the 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. (f) Administration The Users Board shall be subject to the Federal Advisory Committee Act, other than section 14, and, with the consent of the appropriate agency head, the Users Board may use the facilities and services of any Federal agency. For the purposes of complying with such Act, the members of the Users Board shall not be considered special Government employees (as defined in section 202 of title 18, United States Code). Non-Federal members of the Users Board while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. . 213. Efficiency of revenue collection Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall prepare a report on the efficiency of collecting the fuel tax for the Inland Waterways Trust Fund, which shall include— (1) an evaluation of whether current methods of collection of the fuel tax result in full compliance with requirements of the law; (2) whether alternative methods of collection would result in increased revenues into the Inland Waterways Trust Fund; and (3) an evaluation of alternative collection options. 214. Inland waterways revenue studies (a) Inland waterways construction bonds study (1) Study The Secretary, in coordination with the Secretary of the Treasury, shall conduct a study on the feasibility of authorizing the issuance of federally tax-exempt bonds secured against the available proceeds, including projected annual receipts, in the Inland Waterways Trust Fund established by section 9506(a) of the Internal Revenue Code of 1986. (2) Contents In carrying out the study, the Secretary and the Secretary of the Treasury shall examine the implications of issuing such bonds, including the potential revenues that could be generated and the projected net cost to the Treasury, including loss of potential revenue. (3) Consultation In carrying out the study, the Secretary and the Secretary of the Treasury, at a minimum, shall consult with— (A) representatives of the Inland Waterway Users Board established by section 302 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2251 ); (B) representatives of the commodities and bulk cargos that are currently shipped for commercial purposes on the segments of the inland and intracoastal waterways listed in section 206 of the Inland Waterways Revenue Act of 1978 ( 33 U.S.C. 1804 ); (C) representatives of other users of locks and dams on the inland and intracoastal waterways, including persons owning, operating, using, or otherwise benefitting from— (i) hydropower generation facilities; (ii) electric utilities that rely on the waterways for cooling of existing electricity generation facilities; (iii) municipal and industrial water supply; (iv) recreation; (v) irrigation water supply; or (vi) flood damage reduction; (D) other stakeholders associated with the inland and intracoastal waterways, as identified by the Secretary or the Secretary of the Treasury; and (E) the heads of other appropriate Federal agencies, including the Secretary of Transportation, the Secretary of the Interior, and the Administrator of the Environmental Protection Agency. (4) Report to Congress Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of the Treasury shall submit a joint report on the results of the study to— (A) the Committee on Transportation and Infrastructure, the Committee on Ways and Means, and the Committee on the Budget of the House of Representatives; and (B) the Committee on Environment and Public Works, the Committee on Finance, and the Committee on the Budget of the Senate. (b) Potential fees for beneficiaries and users of inland and intracoastal waterways infrastructure (1) In general The Secretary shall conduct a study and submit to Congress a report on potential user fees and revenues from other sources that could be collected to generate additional revenues for the Inland Waterways Trust Fund established by section 9506(a) of the Internal Revenue Code of 1986. (2) Scope of study (A) In general In carrying out the study, the Secretary shall evaluate an array of potential user fees and other revenues options that, when combined with funds generated by section 4042 of the Internal Revenue Code of 1986, are sufficient to support one-half of annual construction expenditure levels of $380,000,000 for the authorized purposes of the Inland Waterways Trust Fund. (B) Potential Revenue Options for Study In carrying out the study, the Secretary, at a minimum, shall evaluate potential user fees and other revenue options identified in— (i) the report of the Congressional Budget Office entitled Paying for Highways, Airways, and Waterways: How Can Users Be Charged? , dated May 1, 1992; (ii) the draft bill submitted by the Assistant Secretary of the Army (Civil Works) to Congress entitled the Lock User Fee Act of 2008 , dated April 4, 2008; (iii) the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report, published on April 12, 2010, as approved by the Inland Waterways Users Board established by section 302 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2251 ); and (iv) the draft bill submitted by the President to Congress entitled the Inland Waterways Capital Investment Act of 2011 , dated September 2011. (3) Conduct of study In carrying out the study, the Secretary shall— (A) take into consideration whether the potential user fees and revenues from other sources— (i) are equitably associated with the construction, operation, and maintenance of inland and intracoastal waterway infrastructure, including locks, dams, and navigation channels; and (ii) can be efficiently collected; (B) consult with, at a minimum— (i) representatives of the Inland Waterways Users Board; and (ii) representatives of other nonnavigation beneficiaries of inland and intracoastal waterway infrastructure, including persons benefitting from— (I) municipal water supply; (II) hydropower; (III) recreation; (IV) industrial water supply; (V) flood damage reduction; (VI) agricultural water supply; (VII) environmental restoration; (VIII) local and regional economic development; or (IX) local real estate interests; and (iii) representatives of other interests, as identified by the Secretary; and (C) provide the opportunity for public hearings in each of the geographic regions that contain segments of the inland and intracoastal waterways listed in section 206 of the Inland Waterways Revenue Act of 1978 ( 33 U.S.C. 1804 ). (4) Report to Congress Not later than 1 year after the date of enactment of this Act, the Secretary shall submit a report on the results of the study to— (A) the Committee on Transportation and Infrastructure, the Committee on Ways and Means, and the Committee on the Budget of the House of Representatives; and (B) the Committee on Environment and Public Works, the Committee on Finance, and the Committee on the Budget of the Senate. 215. Inland waterways stakeholder roundtable (a) In general The Secretary shall conduct an inland waterways stakeholder roundtable to provide for a review and evaluation of alternative approaches— (1) to address the financial needs of the Inland Waterways Trust Fund; and (2) to support the water infrastructure needs of the Inland Waterways System. (b) Selection of participants (1) In general Not later than 45 days after the date on which the Secretary submits to Congress the report required by section 214(b), the Secretary shall select individuals to be invited to participate in the stakeholder roundtable. (2) Composition The individuals selected under paragraph (1) shall include— (A) representatives of affected shippers and suppliers; (B) representatives of State and Federal water managers; and (C) other interested persons with direct knowledge of the Inland Waterways System. (c) Framework and agenda The Secretary shall work with a group of the individuals selected under subsection (b) to develop the framework and agenda for the stakeholder roundtable. (d) Conduct of stakeholder roundtable (1) In general Not later than 120 days after the date on which the Secretary submits to Congress the report required by section 214(b), the Secretary shall conduct the stakeholder roundtable. (2) Issues to be discussed The stakeholder roundtable shall provide for the review and evaluation described in subsection (a) and shall include the following: (A) An evaluation of alternatives that have been developed to address funding options for the Inland Waterways System. (B) An evaluation of the funding status of the Inland Waterways Trust Fund. (C) Prioritization of the ongoing and projected water infrastructure needs of the Inland Waterways System. (D) Identification of a process forward for meeting such needs, with timeline for addressing the funding challenges for the inland waterways trust system. (e) Report to Congress Not later than 180 days after the date on which the Secretary submits to Congress the report required by section 214(b), the Secretary shall submit to Congress a report that contains— (1) a summary the stakeholder roundtable, including areas of concurrence on funding approaches and areas or disagreement in meeting funding needs; and (2) recommendations developed by the Secretary for logical next steps to address the issues discussed at the stakeholder roundtable. 216. Preserving the Inland Waterway Trust Fund (a) Olmsted project reform (1) In general Notwithstanding section 102(a) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2212(a) ), for each fiscal year beginning after the date of enactment of this Act, 25 percent of the cost of construction for the Olmsted Project shall be paid from amounts appropriated from the Inland Waterways Trust Fund. (2) Definition In this subsection the term Olmsted Project means the project for navigation, Lower Ohio River, Locks 52 and 53, Illinois and Kentucky, authorized by section 3(a)(6) of the Water Resources Development Act of 1988 (102 Stat. 4013). (3) Sense of Congress It is the sense of Congress that the appropriation for the Olmsted project should be not less than $150,000,000 for each fiscal year until construction of the project is completed. (4) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate regarding the lessons learned from the experience of planning and constructing the Olmsted Project and how such lessons might apply to future inland waterway studies and projects. (b) Annual report on progress and costs For any inland waterways project that the Secretary carries out that has an estimated total cost of $500,000,000 or more, the Secretary shall submit to the congressional committees referred to in subsection (a)(4) an annual financial plan for the project. The plan shall be based on detailed annual estimates of the cost to complete the remaining elements of the project and on reasonable assumptions, as determined by the Secretary, of any future increases of the cost to complete the project. 217. Public comment on lock operations At least 90 days before carrying out a proposed modification to the operation of a lock at a project for navigation on the inland waterways, the Secretary shall— (1) provide notice of the proposed modification in the Federal Register; and (2) accept public comments on the proposed modification. 218. Assessment of operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway (a) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall assess the operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway. (b) Types of activities In carrying out subsection (a), the Secretary shall assess the operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway as used for the following purposes: (1) Commercial navigation. (2) Commercial fishing. (3) Subsistence, including utilization by Indian tribes (as such term is defined by section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )) for subsistence and ceremonial purposes. (4) Use as ingress and egress to harbors of refuge. (5) Transportation of persons. (6) Purposes relating to domestic energy production, including fabrication, servicing, and supply of domestic offshore energy production facilities. (7) Activities of the Secretary of the department in which the Coast Guard is operating. (8) Public health and safety related equipment for responding to coastal and inland emergencies. (9) Recreation purposes. (10) Any other authorized purpose. (c) Report to Congress For fiscal year 2015, and biennially thereafter, in conjunction with the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that, with respect to the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway— (1) identifies the operation and maintenance costs required to achieve the authorized length, width, and depth; (2) identifies the amount of funding requested in the President’s budget for operation and maintenance costs; and (3) identifies the unmet operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway. 219. Upper Mississippi River protection (a) Economic impact study Not later than 180 days after the date of enactment of this Act, the Secretary shall conduct a study and submit to Congress a report on the impact of closing the Upper St. Anthony Falls Lock and Dam on the economy and the environment, including an assessment of the annual average tonnage moving through the Upper St. Anthony Falls Lock and Dam during the preceding 5 years. (b) Mandatory Closure Not later than 1 year after the date of enactment of this Act, the Secretary shall close the Upper St. Anthony Falls Lock and Dam if the Secretary determines pursuant to the study conducted under subsection (a), or based on other appropriate information made available to the Secretary, that the annual average tonnage moving through the Upper St. Anthony Falls Lock and Dam during the preceding 5 years was not more than 1,500,000 tons. (c) Emergency operations Nothing in this section may be construed to prevent the Secretary from carrying out emergency lock operations necessary to mitigate flood damage. (d) Upper St. Anthony Falls Lock and Dam defined In this section, the term Upper St. Anthony Falls Lock and Dam means the lock and dam located on Mississippi River Mile 853.9 in Minneapolis, Minnesota. 220. Corps of Engineers lock and dam energy development Section 1117 of the Water Resources Development Act of 1986 (100 Stat. 4236) is amended to read as follows: 1117. W.D. Mayo Lock and Dam (a) In General The Cherokee Nation of Oklahoma may— (1) design and construct one or more hydroelectric generating facilities at the W.D. Mayo Lock and Dam on the Arkansas River, Oklahoma; and (2) market the electricity generated from any such facility. (b) Preconstruction Requirements (1) Permits Before the date on which construction of a hydroelectric generating facility begins under subsection (a), the Cherokee Nation shall obtain any permit required under Federal or State law, except that the Cherokee Nation shall be exempt from licensing requirements that may otherwise apply to construction, operation, or maintenance of the facility under the Federal Power Act ( 16 U.S.C. 791a et seq. ). (2) Review of plans and specifications The Cherokee Nation may initiate the design or construction of a hydroelectric generating facility under subsection (a) only after the Secretary reviews and approves the plans and specifications for the design and construction. (c) Payment of design and construction costs (1) In general The Secretary may accept funds offered by the Cherokee Nation and use such funds to carry out the design and construction of a hydroelectric generating facility under subsection (a). (2) Allocation of costs The Cherokee Nation shall— (A) bear all costs associated with the design and construction of a hydroelectric generating facility under subsection (a); and (B) provide any funds necessary for the design and construction to the Secretary prior to the Secretary initiating any activities related to the design and construction. (d) Assumption of liability The Cherokee Nation shall— (1) hold all title to a hydroelectric generating facility constructed under subsection (a) and may, subject to the approval of the Secretary, assign such title to a third party; (2) be solely responsible for— (A) the operation, maintenance, repair, replacement, and rehabilitation of the facility; and (B) the marketing of the electricity generated by the facility; and (3) release and indemnify the United States from any claims, causes of action, or liabilities that may arise out of any activity undertaken to carry out this section. (e) Assistance available The Secretary may provide technical and construction management assistance requested by the Cherokee Nation relating to the design and construction of a hydroelectric generating facility under subsection (a). (f) Third party agreements The Cherokee Nation may enter into agreements with the Secretary or a third party that the Cherokee Nation or the Secretary determines are necessary to carry out this section. . III Deauthorizations and Backlog Prevention 301. Deauthorization of inactive projects (a) Purposes The purposes of this section are— (1) to identify $12,000,000,000 in water resources development projects authorized by Congress that are no longer viable for construction due to— (A) a lack of local support; (B) a lack of available Federal or non-Federal resources; or (C) an authorizing purpose that is no longer relevant or feasible; (2) to create an expedited and definitive process to deauthorize water resources development projects that are no longer viable for construction; and (3) to allow the continued authorization of water resources development projects that are viable for construction. (b) Deauthorization of projects authorized before WRDA 2007 (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and shall publish in the Federal Register, a report that lists each authorized water resources development project, or separable element of a project, authorized for construction before November 8, 2007— (A) for which— (i) construction was not initiated before the date of enactment of this Act; or (ii) construction was initiated before the date of enactment of this Act, but for which no funds, Federal or non-Federal, were obligated for construction of the project or separable element during the 5-year period ending on July 1, 2013; and (B) that is identified in accordance with paragraph (3). (2) Special rule for ongoing construction A project or separable element shall not be listed pursuant to paragraph (1)(A)(ii) if the project or separable element is being constructed as of the date of enactment of this Act. (3) Identification of projects (A) In general The Secretary shall identify in the report submitted under paragraph (1) projects and separable elements that— (i) meet the requirements described in subparagraph (A) of that paragraph; and (ii) in the aggregate have an estimated Federal cost to complete (as of the date of the report) that is at least $12,000,000,000. (B) Sequencing of projects In identifying projects and separable elements under subparagraph (A), the Secretary shall identify projects and separable elements according to the order in which the projects and separable elements were authorized, beginning with the earliest authorized projects and separable elements and ending upon the aggregate estimated Federal cost to complete for the projects and separable elements identified satisfying the requirement under subparagraph (A)(ii). (4) Congressional review period; deauthorization After the expiration of the 180-day period beginning on the date of the submission of the report under this subsection, any project or separable element identified in that report is hereby deauthorized, unless during such period the non-Federal interest for the project or separable element provides, under Federal law, all funds necessary to complete the project or separable element. (c) Treatment of project modifications For purposes of this section, if an authorized water resources development project or separable element has been modified in an Act of Congress, the date of the authorization of the project or separable element shall be deemed to be the date of the most recent such modification. 302. Review of Corps of Engineers assets (a) Assessment and Inventory Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct an assessment of all properties under the control of the Corps of Engineers and develop an inventory of the properties that are not needed for the missions of the Corps of Engineers. (b) Criteria In conducting the assessment and developing the inventory under subsection (a), the Secretary shall use the following criteria: (1) The extent to which the property aligns with the current missions of the Corps of Engineers. (2) The economic impact of the property on existing communities in the vicinity of the property. (3) The extent to which the utilization rate for the property is being maximized and is consistent with nongovernmental industry standards for the given function or operation. (4) The extent to which the reduction or elimination of the property could reduce operation and maintenance costs of the Corps of Engineers. (5) The extent to which the reduction or elimination of the property could reduce energy consumption by the Corps of Engineers. (c) Notification As soon as practicable following completion of the inventory of properties under subsection (a), the Secretary shall provide the inventory to the Administrator of General Services. (d) Report to Congress Not later than 30 days after the date of the notification under subsection (c), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing the findings of the Secretary with respect to the assessment and inventory required under subsection (a). 303. Backlog prevention (a) Project deauthorization (1) In general A water resources development project, or separable element of such a project, authorized for construction by this Act shall not be authorized after the last day of the 7-year period beginning on the date of enactment of this Act unless during that period funds have been obligated for construction of such project. (2) Identification of projects Not later than 60 days after the expiration of the 7-year period referred to in paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that identifies the projects deauthorized under paragraph (1). (b) Report to Congress Not later than 60 days after the expiration of the 12-year period beginning on the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that contains— (1) a list of any water resources development projects authorized by this Act for which construction has not been completed during that period; (2) a description of the reasons the projects were not completed; and (3) a schedule for the completion of the projects based on expected levels of appropriations. 304. Deauthorizations (a) In general The following projects are not authorized after the date of enactment of this Act: (1) Walnut Creek (Pacheco Creek), California The portions of the project for flood protection on Walnut Creek, California, constructed under section 203 of the Flood Control Act of 1960 ( Public Law 86–645 ; 74 Stat. 488), consisting of the Walnut Creek project from Sta 0+00 to Sta 142+00 and the upstream extent of the Walnut Creek project along Pacheco Creek from Sta 0+00 to Sta 73+50. (2) Walnut Creek (San Ramon Creek), California The portion of the project for flood protection on Walnut Creek, California, constructed under section 203 of the Flood Control Act of 1960 ( Public Law 86–645 ; 74 Stat. 488), consisting of the culvert constructed by the Department of the Army on San Ramon Creek from Sta 4+27 to Sta 14+27. (3) Hillsborough (Hillsboro) Bay and River, Florida Those portions of the project for navigation, Hillsborough (Hillsboro) Bay and River, Florida, authorized by the Act of March 3, 1899 (30 Stat. 1126; chapter 425), that extend on either side of the Hillsborough River from the Kennedy Boulevard bridge to the mouth of the river that cause the existing channel to exceed 100 feet in width. (4) Kahului Wastewater Reclamation Facility, Maui, Hawaii The project carried out pursuant to the authority provided by section 14 of the Flood Control Act of 1946 ( 33 U.S.C. 701r ) to provide shoreline protection for the Kahului Wastewater Reclamation Facility, located on the Island of Maui in the State of Hawaii. (5) Chicago Harbor, Illinois The portion of the project for navigation, Chicago Harbor, Illinois, authorized by the first section of the Act of March 3, 1899 (30 Stat. 1129; chapter 425), and the first section of the Act of March 2, 1919 (40 Stat. 1283; chapter 95), and described as follows: (A) Beginning at the southwest corner of Metropolitan Sanitary District of Greater Chicago sluice gate that abuts the north wall of the Chicago River Lock. (B) Thence running north for approximately 290 feet. (C) Thence running east approximately 1,000 feet. (D) Thence running south approximately 290 feet. (E) Thence running west approximately 1,000 feet to the point of origin. (6) Lucas-Berg Pit, Illinois Waterway and Grant Calumet River, Illinois The portion of the project for navigation, Illinois Waterway and Grand Calumet River, Illinois, authorized by the first section of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved July 24, 1946 (60 Stat. 636; chapter 596), that consists of the Lucas-Berg Pit confined disposal facility, Illinois. (7) Rockland Harbor, Maine The portion of the project for navigation, Rockland Harbor, Maine, authorized by the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved June 3, 1896 (29 Stat. 202), and described as follows: (A) Beginning at the point in the 14-foot turning basin limit with coordinates N162,927.61, E826,210.16. (B) Thence running north 45 degrees 45 minutes 15.6 seconds east 287.45 feet to a point N163,128.18, E826,416.08. (C) Thence running south 13 degrees 17 minutes 53.3 seconds east 129.11 feet to a point N163,002.53, E826,445.77. (D) Thence running south 45 degrees 45 minutes 18.4 seconds west 221.05 feet to a point N162,848.30, E826,287.42. (E) Thence running north 44 degrees 14 minutes 59.5 seconds west 110.73 feet to the point of origin. (8) Corsica River, Queen Anne’s County, Maryland The portion of the project for improving the Corsica River, Maryland, authorized by the first section of the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved July 25, 1912 (37 Stat. 205), and described as follows: Approximately 2,000 feet of the eastern section of the project channel extending from— (A) centerline station 0+000 (coordinates N506350.60, E1575013.60); to (B) station 2+000 (coordinates N508012.39, E1574720.18). (9) Gloucester Harbor and Annisquam River, Massachusetts The portions of the project for navigation, Gloucester Harbor and Annisquam River, Massachusetts, authorized by section 2 of the Act entitled An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved of March 2, 1945 (59 Stat. 12; chapter 19), consisting of an 8-foot anchorage area in Lobster Cove, and described as follows: (A) Beginning at a bend along the easterly limit of the existing project, N3063230.31, E878283.77, thence running northwesterly about 339 feet to a point, N3063478.86, E878053.83, thence running northwesterly about 281 feet to a bend on the easterly limit of the existing project, N3063731.88, E877932.54, thence running southeasterly about 612 feet along the easterly limit of the existing project to the point of origin. (B) Beginning at a bend along the easterly limit of the existing project, N3064065.80, E878031.45, thence running northwesterly about 621 feet to a point, N3064687.05, E878031.13, thence running southwesterly about 122 feet to a point, N3064686.98, E877908.85, thence running southeasterly about 624 feet to a point, N3064063.31, E877909.17, thence running southwesterly about 512 feet to a point, N3063684.73, E877564.56, thence running about 741 feet to a point along the westerly limit of the existing project, N3063273.98, E876947.77, thence running northeasterly about 533 feet to a bend along the westerly limit of the existing project, N3063585.62, E877380.63, thence running about 147 feet northeasterly to a bend along the westerly limit of the project, N3063671.29, E877499.63, thence running northeasterly about 233 feet to a bend along the westerly limit of the existing project, N3063840.60, E877660.29, thence running about 339 feet northeasterly to a bend along the westerly limit of the existing project, N3064120.34, E877852.55, thence running about 573 feet to a bend along the westerly limit of the existing project, N3064692.98, E877865.04, thence running about 113 feet to a bend along the northerly limit of the existing project, N3064739.51, E877968.31, thence running 145 feet southeasterly to a bend along the northerly limit of the existing project, N3064711.19, E878110.69, thence running about 650 feet along the easterly limit of the existing project to the point of origin. (10) Ipswich River, Massachusetts The portion of the project for navigation, Ipswich River, Massachusetts, authorized by the first section of the Act of August 5, 1886 (24 Stat. 317, chapter 929) consisting of a 4-foot channel located at the entrance to the inner harbor at Ipswich Harbor, and described as follows: (A) Lying northwesterly of a line commencing at N3,074,938.09, E837,154.87. (B) Thence running easterly approximately 60 feet to a point with coordinates N3,074,972.62, E837,203.93. (11) East Fork of Trinity River, Texas The portion of the project for flood protection on the East Fork of the Trinity River, Texas, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1185), that consists of the 2 levees identified as Kaufman County Levees K5E and K5W. (12) Burnham Canal, Wisconsin The portion of the project for navigation, Milwaukee Harbor Project, Milwaukee, Wisconsin, known as the Burnham Canal, authorized by the first section of the Act entitled An Act for the protection of commerce on Lake Michigan , approved March 3, 1843 (5 Stat. 619; chapter 85), and described as follows: (A) Beginning at channel point #415a N381768.648, E2524554.836, a distance of about 170.58 feet. (B) Thence running south 53 degrees 43 minutes 41 seconds west to channel point #417 N381667.728, E2524417.311, a distance of about 35.01 feet. (C) Thence running south 34 degrees 10 minutes 40 seconds west to channel point #501 N381638.761, E2524397.639, a distance of about 139.25 feet. (D) Thence running south 34 degrees 10 minutes 48 seconds west to channel point #503 N381523.557, E2524319.406, a distance of about 235.98 feet. (E) Thence running south 32 degrees 59 minutes 13 seconds west to channel point #505 N381325.615, E2524190.925, a distance of about 431.29 feet. (F) Thence running south 32 degrees 36 minutes 05 seconds west to channel point #509 N380962.276, E2523958.547, a distance of about 614.52 feet. (G) Thence running south 89 degrees 05 minutes 00 seconds west to channel point #511 N380952.445, E2523344.107, a distance of about 74.68 feet. (H) Thence running north 89 degrees 04 minutes 59 seconds west to channel point #512 N381027.13, E2523342.91, a distance of about 533.84 feet. (I) Thence running north 89 degrees 05 minutes 00 seconds east to channel point #510 N381035.67, E2523876.69, a distance of about 47.86 feet. (J) Thence running north 61 degrees 02 minutes 07 seconds east to channel point #508 N381058.84, E2523918.56, a distance of about 308.55 feet. (K) Thence running north 36 degrees 15 minutes 29 seconds east to channel point #506 N381307.65, E2524101.05, a distance of about 199.98 feet. (L) Thence running north 32 degrees 59 minutes 12 seconds east to channel point #504 N381475.40, E2524209.93, a distance of about 195.14 feet. (M) Thence running north 26 degrees 17 minutes 22 seconds east to channel point #502 N381650.36, E2524296.36, a distance of about 81.82 feet. (N) Thence running north 88 degrees 51 minutes 05 seconds west to channel point #419 N381732.17, E2524294.72, a distance of about 262.65 feet. (O) Thence running north 82 degrees 01 minutes 02 seconds east to channel point #415a, the point of origin. (13) Manitowoc Harbor, Wisconsin The portion of the project for navigation, Manitowoc River, Manitowoc, Wisconsin, authorized by the Act of August 30, 1852 (10 Stat. 58; chapter 104), and described as follows: The triangular area bound by— (A) 44.09893383N and 087.66854912W; (B) 44.09900535N and 087.66864372W; and (C) 44.09857884N and 087.66913123W. (b) Seward Waterfront, Seward, Alaska (1) In general Subject to paragraph (2), the portion of the project for navigation, Seward Harbor, Alaska, identified as Tract H, Seward Original Townsite, Waterfront Park Replat, Plat No 2012–4, Seward Recording District, shall not be subject to navigation servitude beginning on the date of enactment of this Act. (2) Entry by Federal Government The Federal Government may enter upon the property referred to in paragraph (1) to carry out any required operation and maintenance of the general navigation features of the project referred to in paragraph (1). (c) Port of Hood River, Oregon (1) Extinguishment of portions of existing flowage easement With respect to the properties described in paragraph (2), beginning on the date of enactment of this Act, the flowage easement identified as Tract 1200E–6 on the Easement Deed recorded as Instrument No. 740320 is extinguished above elevation 79.39 feet (NGVD 29), the ordinary high water line. (2) Affected properties The properties described in this paragraph, as recorded in Hood River County, Oregon, are as follows: (A) Instrument Number 2010–1235. (B) Instrument Number 2010–02366. (C) Instrument Number 2010–02367. (D) Parcel 2 of Partition Plat 2011–12P. (E) Parcel 1 of Partition Plat 2005–26P. (3) Extinguishment of flowage easement With respect to the properties described in paragraph (2), the flowage easement is extinguished if the elevation of the property is above the standard project flood elevation. (4) Federal liabilities The United States shall not be liable for any injury caused by the extinguishment of the easement under this subsection. (5) No Effect on Other Rights Nothing in this subsection affects the remaining rights and interests of the Corps of Engineers for authorized project purposes. 305. Land conveyances (a) Tulsa Port of Catoosa, Rogers County, Oklahoma Land Exchange (1) Land exchange 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. (2) Definitions In this subsection, the following definitions apply: (A) Federal land The term Federal land means the approximately 87 acres of land situated in Rogers County, Oklahoma, contained within United States Tracts 413 and 427 and acquired for the McClellan-Kerr Arkansas Navigation System. (B) Non-Federal land The term non-Federal 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. (3) Specific conditions (A) Deeds (i) Deed to non-Federal land The Secretary may only accept conveyance of the non-Federal land by warranty deed, as determined acceptable by the Secretary. (ii) Deed to Federal land The Secretary shall convey the Federal land to the Tulsa Port of Catoosa by quitclaim deed and subject to any reservations, terms, and conditions the Secretary determines necessary to— (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. (iii) Cash payment If the appraised fair market 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. (b) City of Asotin, Washington (1) In general The Secretary shall convey to the city of Asotin, Asotin County, Washington, without monetary consideration, all right, title, and interest of the United States in and to the land described in paragraph (3). (2) Reversion If the land transferred under this subsection ceases at any time to be used for a public purpose, the land shall revert to the United States. (3) Description The land to be conveyed to the city of Asotin, Washington, under this subsection are— (A) the public ball fields designated as Tracts 1503, 1605, 1607, 1609, 1611, 1613, 1615, 1620, 1623, 1624, 1625, 1626, and 1631; and (B) other leased areas designated as Tracts 1506, 1522, 1523, 1524, 1525, 1526, 1527, 1529, 1530, 1531, and 1563. (c) Generally applicable provisions (1) Survey to obtain legal description The exact acreage and the legal description of any real property to be conveyed under this section shall be determined by a survey that is satisfactory to the Secretary. (2) Applicability of property screening provisions Section 2696 of title 10, United States Code, shall not apply to any conveyance under this section. (3) Additional terms and conditions The Secretary may require that any conveyance under this section be subject to such additional terms and conditions as the Secretary considers necessary and appropriate to protect the interests of the United States. (4) Costs of conveyance An entity to which a conveyance is made under this section shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance. (5) Liability An entity to which a conveyance is made under this section shall hold the United States harmless from any liability with respect to activities carried out, on or after the date of the conveyance, on the real property conveyed. The United States shall remain responsible for any liability with respect to activities carried out, before such date, on the real property conveyed. IV Water Resources Infrastructure 401. Authorization of final feasibility studies The following final feasibility studies for water resources development and conservation and other purposes are authorized to be carried out by the Secretary substantially in accordance with the plan, and subject to the conditions, described in the respective reports designated in this section: (1) Navigation A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Federal Cost E. Estimated Non-Federal Cost 1. TX, LA Sabine Neches Waterway, Southeast Texas and Southwest Louisiana July 22, 2011 $779,399,000 $359,227,000 2. FL Jacksonville Harbor- Milepoint April 30, 2012 $27,804,000 $9,122,000 3. GA Savannah Harbor Expansion Project Aug. 17, 2012 $461,000,000 $201,000,000 4. TX Freeport Harbor Jan. 7,  2013 $121,132,000 $116,342,000 5. FL Canaveral Harbor (Sect 203 Sponsor Report) Feb. 25, 2013 $28,652,000 $11,588,000 (2) Flood Risk Management A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Federal Cost E. Estimated Non-Federal Cost 1. KS Topeka Aug. 24, 2009 $15,494,000 $8,343,000 2. CA American River Watershed, Common Features Project, Natomas Basin Dec. 30, 2010 $943,300,000 $479,500,000 3. IA Cedar River, Cedar Rapids Jan. 27, 2011 $67,216,000 $36,194,000 4. MN, ND Fargo-Moorhead Metro Dec. 19, 2011 $801,542,000 $979,806,000 5. KY Ohio River Shoreline, Paducah May 16, 2012 $12,893,000 $6,943,000 (3) Hurricane and Storm Damage Risk Reduction A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Initial Federal Cost and Estimated Total Federal Cost for Life of Project E. Estimated Initial Non-Federal Cost and Estimated Total Non-Federal Cost for Life of Project 1. NC West Onslow Beach and New River Inlet (Topsail Beach) Sept. 28, 2009 Initial Cost: $30,557,000 Total Cost: $132,372,000 Initial Cost: $17,315,000 Total Cost: $132,372,000 2. NC Surf City and North Topsail Beach Dec. 30, 2010 Initial Cost: $81,484,000 Total Cost: $106,182,000 Initial Cost: $43,900,000 Total Cost: $106,182,000 3. CA San Clemente Shoreline April 5,  2012 Initial Cost: $7,500,000 Total Cost: $43,400,000 Initial Cost: $4,000,000 Total Cost: $43,400,000 (4) Hurricane and Storm Damage Risk Reduction and Environmental Restoration A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Federal Cost E. Estimated Non-Federal Cost 1. MS Mississippi Coastal Improvement Program (MSCIP) Hancock, Harrison, and Jackson Counties Sept. 15, 2009 $815,090,000 $438,890,000 (5) Environmental Restoration A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Federal Cost E. Estimated Non-Federal Cost 1. MD Mid-Chesapeake Bay Island Aug. 24, 2009 $1,221,721,000 $657,849,000 2. FL Central and Southern Florida Project, Comprehensive Everglades Restoration Plan, Caloosahatchee River (C–43) West Basin Storage Project, Hendry County March 11, 2010 $297,189,000 $297,189,000 3. LA Louisiana Coastal Area Dec. 30, 2010 $954,452,000 $513,936,000 4. MN Marsh Lake Dec. 30, 2011 $6,403,000 $3,564,000 5. FL Central and Southern Florida Project, Comprehensive Everglades Restoration Plan, C–111 Spreader Canal Western Project Jan. 30, 2012 $88,992,000 $88,992,000 6. FL CERP Biscayne Bay Coastal Wetland, Florida May 2,  2012 $96,209,000 $96,209,000 7. FL Central and Southern Florida Project, Broward County Water Preserve Area May 21, 2012 $433,353,500 $433,353,500 8. LA Louisiana Coastal Area-Barataria Basin Barrier June 22, 2012 $283,567,000 $152,690,000 9. NC Neuse River Basin April 23, 2013 $23,253,100 $12,520,900 402. Project modifications (a) Miami Harbor, Miami-Dade County, Florida (1) In general The project for navigation, Miami Harbor, Miami-Dade County, Florida, authorized by section 1001(17) of the Water Resources Development Act of 2007 (121 Stat. 1052), is modified to authorize the Secretary to construct the project at a total cost of $152,510,000, with an estimated Federal cost of $92,007,000 and a non-Federal cost of $60,503,000. (2) Applicability Paragraph (1) shall take effect on November 8, 2007. (b) Lower Ohio River, Illinois and Kentucky The project for navigation, Lower Ohio River, Locks and Dams 52 and 53, Illinois and Kentucky, authorized by section 3(a)(6) of the Water Resources Development Act of 1988 (102 Stat. 4013), is modified to authorize the Secretary to construct the project at a total cost of $2,300,000,000, with a first Federal cost of $2,300,000,000. (c) Little Calumet River Basin (Cady Marsh Ditch), Indiana The project for flood control, Little Calumet River Basin (Cady Marsh Ditch), Indiana, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4115), and modified by section 127 of Public Law 109–103 (119 Stat. 2259), is further modified to authorize the Secretary to construct the project at a total cost of $269,988,000, with an estimated Federal cost of $202,800,000 and a non-Federal cost of $67,188,000.

October 21, 2013 Reported from the Committee on Transportation and Infrastructure with an amendment October 21, 2013 The Committees on the Budget , Ways and Means , and Natural Resources discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: fI One Hundred Thirteenth Congress of the United States of America At the Second Session Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen H. R. 3080 AN ACT To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Water Resources Reform and Development Act of 2014 . (b) Table of contents Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I—Program reforms and streamlining Sec. 1001. Vertical integration and acceleration of studies. Sec. 1002. Consolidation of studies. Sec. 1003. Expedited completion of reports. Sec. 1004. Removal of duplicative analyses. Sec. 1005. Project acceleration. Sec. 1006. Expediting the evaluation and processing of permits. Sec. 1007. Expediting approval of modifications and alterations of projects by non-Federal interests. Sec. 1008. Expediting hydropower at Corps of Engineers facilities. Sec. 1009. Enhanced use of electronic commerce in Federal procurement. Sec. 1010. Determination of project completion. Sec. 1011. Prioritization. Sec. 1012. Transparency in accounting and administrative expenses. Sec. 1013. Evaluation of project Partnership Agreements. Sec. 1014. Study and construction of water resources development projects by non-Federal interests. Sec. 1015. Contributions by non-Federal interests. Sec. 1016. Operation and maintenance of certain projects. Sec. 1017. Acceptance of contributed funds to increase lock operations. Sec. 1018. Credit for in-kind contributions. Sec. 1019. Clarification of in-kind credit authority. Sec. 1020. Transfer of excess credit. Sec. 1021. Crediting authority for federally authorized navigation projects. Sec. 1022. Credit in lieu of reimbursement. Sec. 1023. Additional contributions by non-Federal interests. Sec. 1024. Authority to accept and use materials and services. Sec. 1025. Water resources projects on Federal land. Sec. 1026. Clarification of impacts to other Federal facilities. Sec. 1027. Clarification of munition disposal authorities. Sec. 1028. Clarification of mitigation authority. Sec. 1029. Clarification of interagency support authorities. Sec. 1030. Continuing authority. Sec. 1031. Tribal partnership program. Sec. 1032. Territories of the United States. Sec. 1033. Corrosion prevention. Sec. 1034. Advanced modeling technologies. Sec. 1035. Recreational access. Sec. 1036. Non-Federal plans to provide additional flood risk reduction. Sec. 1037. Hurricane and storm damage reduction. Sec. 1038. Reduction of Federal costs for hurricane and storm damage reduction projects. Sec. 1039. Invasive species. Sec. 1040. Fish and wildlife mitigation. Sec. 1041. Mitigation status report. Sec. 1042. Reports to Congress. Sec. 1043. Non-Federal implementation pilot program. Sec. 1044. Independent peer review. Sec. 1045. Report on surface elevations at drought affected lakes. Sec. 1046. Reservoir operations and water supply. Sec. 1047. Special use permits. Sec. 1048. America the Beautiful National Parks and Federal Recreational Lands Pass program. Sec. 1049. Applicability of spill prevention, control, and countermeasure rule. Sec. 1050. Namings. Sec. 1051. Interstate water agreements and compacts. Sec. 1052. Sense of Congress regarding water resources development bills. TITLE II—Navigation Subtitle A—Inland waterways Sec. 2001. Definitions. Sec. 2002. Project delivery process reforms. Sec. 2003. Efficiency of revenue collection. Sec. 2004. Inland waterways revenue studies. Sec. 2005. Inland waterways stakeholder roundtable. Sec. 2006. Preserving the Inland Waterway Trust Fund. Sec. 2007. Inland waterways oversight. Sec. 2008. Assessment of operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway. Sec. 2009. Inland waterways riverbank stabilization. Sec. 2010. Upper Mississippi River protection. Sec. 2011. Corps of Engineers lock and dam energy development. Sec. 2012. Restricted areas at Corps of Engineers dams. Sec. 2013. Operation and maintenance of fuel taxed inland waterways. Subtitle B—Port and Harbor Maintenance Sec. 2101. Funding for harbor maintenance programs. Sec. 2102. Operation and maintenance of harbor projects. Sec. 2103. Consolidation of deep draft navigation expertise. Sec. 2104. Remote and subsistence harbors. Sec. 2105. Arctic deep draft port development partnerships. Sec. 2106. Additional measures at donor ports and energy transfer ports. Sec. 2107. Preserving United States harbors. TITLE III—Safety Improvements and Addressing Extreme Weather Events Subtitle A—Dam Safety Sec. 3001. Dam Safety. Subtitle B—Levee safety Sec. 3011. Systemwide improvement framework. Sec. 3012. Management of flood risk reduction projects. Sec. 3013. Vegetation management policy. Sec. 3014. Levee certifications. Sec. 3015. Planning assistance to States. Sec. 3016. Levee safety. Sec. 3017. Rehabilitation of existing levees. Subtitle C—Additional safety improvements and risk reduction measures Sec. 3021. Use of innovative materials. Sec. 3022. Durability, sustainability, and resilience. Sec. 3023. Study on risk reduction. Sec. 3024. Management of flood, drought, and storm damage. Sec. 3025. Post-disaster watershed assessments. Sec. 3026. Hurricane and storm damage reduction study. Sec. 3027. Emergency communication of risk. Sec. 3028. Safety assurance review. Sec. 3029. Emergency response to natural disasters. TITLE IV—River Basins and Coastal Areas Sec. 4001. River basin commissions. Sec. 4002. Mississippi River. Sec. 4003. Missouri River. Sec. 4004. Arkansas River. Sec. 4005. Columbia Basin. Sec. 4006. Rio Grande. Sec. 4007. Northern Rockies headwaters. Sec. 4008. Rural Western water. Sec. 4009. North Atlantic Coastal Region. Sec. 4010. Chesapeake Bay. Sec. 4011. Louisiana coastal area. Sec. 4012. Red River Basin. Sec. 4013. Technical corrections. Sec. 4014. Ocean and coastal resiliency. TITLE V—Water infrastructure financing Subtitle A—State Water Pollution Control Revolving Funds Sec. 5001. General authority for capitalization grants. Sec. 5002. Capitalization grant agreements. Sec. 5003. Water pollution control revolving loan funds. Sec. 5004. Requirements. Sec. 5005. Report on the allotment of funds. Sec. 5006. Effective date. Subtitle B—General provisions Sec. 5011. Watershed pilot projects. Sec. 5012. Definition of treatment works. Sec. 5013. Funding for Indian programs. Sec. 5014. Water infrastructure public-private partnership pilot program. Subtitle C—Innovative financing pilot projects Sec. 5021. Short title. Sec. 5022. Definitions. Sec. 5023. Authority to provide assistance. Sec. 5024. Applications. Sec. 5025. Eligible entities. Sec. 5026. Projects eligible for assistance. Sec. 5027. Activities eligible for assistance. Sec. 5028. Determination of eligibility and project selection. Sec. 5029. Secured loans. Sec. 5030. Program administration. Sec. 5031. State, tribal, and local permits. Sec. 5032. Regulations. Sec. 5033. Funding. Sec. 5034. Reports on pilot program implementation. Sec. 5035. Requirements. TITLE VI—Deauthorization and backlog prevention Sec. 6001. Deauthorization of inactive projects. Sec. 6002. Review of Corps of Engineers assets. Sec. 6003. Backlog prevention. Sec. 6004. Deauthorizations. Sec. 6005. Land conveyances. TITLE VII—Water resources infrastructure Sec. 7001. Annual report to Congress. Sec. 7002. Authorization of final feasibility studies. Sec. 7003. Authorization of project modifications recommended by the Secretary. Sec. 7004. Expedited consideration in the House and Senate. 2. Definition of Secretary In this Act, the term Secretary means the Secretary of the Army. I Program reforms and streamlining 1001. Vertical integration and acceleration of studies (a) In general To the extent practicable, a feasibility study initiated by the Secretary, after the date of enactment of this Act, under section 905(a) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282(a) ) shall— (1) result in the completion of a final feasibility report not later than 3 years after the date of initiation; (2) have a maximum Federal cost of $3,000,000; and (3) ensure that personnel from the district, division, and headquarters levels of the Corps of Engineers concurrently conduct the review required under that section. (b) Extension If the Secretary determines that a feasibility study described in subsection (a) will not be conducted in accordance with subsection (a), the Secretary, not later than 30 days after the date of making the determination, shall— (1) prepare an updated feasibility study schedule and cost estimate; (2) notify the non-Federal feasibility cost-sharing partner that the feasibility study has been delayed; and (3) provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives as to the reasons the requirements of subsection (a) are not attainable. (c) Termination of authorization A feasibility study for which the Secretary has issued a determination under subsection (b) is not authorized after the last day of the 1-year period beginning on the date of the determination if the Secretary has not completed the study on or before such last day. (d) Exception (1) In general Notwithstanding the requirements of subsection (c), the Secretary may extend the timeline of a study by a period not to exceed 3 years, if the Secretary determines that the feasibility study is too complex to comply with the requirements of subsections (a) and (c). (2) Factors In making a determination that a study is too complex to comply with the requirements of subsections (a) and (c), the Secretary shall consider— (A) the type, size, location, scope, and overall cost of the project; (B) whether the project will use any innovative design or construction techniques; (C) whether the project will require significant action by other Federal, State, or local agencies; (D) whether there is significant public dispute as to the nature or effects of the project; and (E) whether there is significant public dispute as to the economic or environmental costs or benefits of the project. (3) Notification Each time the Secretary makes a determination under this subsection, the Secretary shall provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives as to the results of that determination, including an identification of the specific 1 or more factors used in making the determination that the project is complex. (4) Limitation The Secretary shall not extend the timeline for a feasibility study for a period of more than 7 years, and any feasibility study that is not completed before that date shall no longer be authorized. (e) Reviews Not later than 90 days after the date of the initiation of a study described in subsection (a) for a project, the Secretary shall— (1) take all steps necessary to initiate the process for completing federally mandated reviews that the Secretary is required to complete as part of the study, including the environmental review process under section 1005; (2) convene a meeting of all Federal, tribal, and State agencies identified under section 2045(e) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2348(e) ) that may be required by law to conduct or issue a review, analysis, or opinion on or to make a determination concerning a permit or license for the study; and (3) take all steps necessary to provide information that will enable required reviews and analyses related to the project to be conducted by other agencies in a thorough and timely manner. (f) Interim report Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that describes— (1) the status of the implementation of the planning process under this section, including the number of participating projects; (2) a review of project delivery schedules, including a description of any delays on those studies participating in the planning process under this section; and (3) any recommendations for additional authority necessary to support efforts to expedite the feasibility study process for water resource projects. (g) Final report Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that describes— (1) the status of the implementation of this section, including a description of each feasibility study subject to the requirements of this section; (2) the amount of time taken to complete each feasibility study; and (3) any recommendations for additional authority necessary to support efforts to expedite the feasibility study process, including an analysis of whether the limitation established by subsection (a)(2) needs to be adjusted to address the impacts of inflation. 1002. Consolidation of studies (a) In general (1) Repeal Section 905(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282(b) ) is repealed. (2) Conforming amendment Section 905(a)(1) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282(a)(1) ) is amended by striking perform a reconnaissance study and . (b) Contents of feasibility reports Section 905(a)(2) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282(a)(2) ) is amended by adding at the end the following: A feasibility report shall include a preliminary analysis of the Federal interest and the costs, benefits, and environmental impacts of the project. . (c) Feasibility studies Section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ) is amended by adding at the end the following: (g) Detailed project schedule (1) In general Not later than 180 days after the date of enactment of this subsection, the Secretary shall determine a set of milestones needed for the completion of a feasibility study under this subsection, including all major actions, report submissions and responses, reviews, and comment periods. (2) Detailed project schedule milestones Each District Engineer shall, to the maximum extent practicable, establish a detailed project schedule, based on full funding capability, that lists all deadlines for milestones relating to feasibility studies in the District developed by the Secretary under paragraph (1). (3) Non-Federal interest notification Each District Engineer shall submit by certified mail the detailed project schedule under paragraph (2) to each relevant non-Federal interest— (A) for projects that have received funding from the General Investigations Account of the Corps of Engineers in the period beginning on October 1, 2009, and ending on the date of enactment of this subsection, not later than 180 days after the establishment of milestones under paragraph (1); and (B) for projects for which a feasibility cost-sharing agreement is executed after the establishment of milestones under paragraph (1), not later than 90 days after the date on which the agreement is executed. (4) Congressional and public notification Beginning in the first full fiscal year after the date of enactment of this subsection, the Secretary shall— (A) submit an annual report that lists all detailed project schedules under paragraph (2) and an explanation of any missed deadlines to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) make publicly available, including on the Internet, a copy of the annual report described in subparagraph (A) not later than 14 days after date on which a report is submitted to Congress. (5) Failure to Act If a District Engineer fails to meet any of the deadlines in the project schedule under paragraph (2), the District Engineer shall— (A) not later than 30 days after each missed deadline, submit to the non-Federal interest a report detailing— (i) why the District Engineer failed to meet the deadline; and (ii) a revised project schedule reflecting amended deadlines for the feasibility study; and (B) not later than 30 days after each missed deadline, make publicly available, including on the Internet, a copy of the amended project schedule described in subparagraph (A)(ii). . (d) Applicability The Secretary shall continue to carry out a study for which a reconnaissance level investigation has been initiated before the date of enactment of this Act as if this section, including the amendments made by this section, had not been enacted. 1003. Expedited completion of reports The Secretary shall— (1) expedite the completion of any on-going feasibility study for a project initiated before the date of enactment of this Act; and (2) if the Secretary determines that the project is justified in a completed report, proceed directly to preconstruction planning, engineering, and design of the project in accordance with section 910 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2287 ). 1004. Removal of duplicative analyses Section 911 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2288 ) is repealed. 1005. Project acceleration (a) Project acceleration (1) Amendment Section 2045 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2348 ) is amended to read as follows: 2045. Project acceleration (a) Definitions In this section: (1) Environmental impact statement The term environmental impact statement means the detailed statement of environmental impacts of a project required to be prepared pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (2) Environmental review process (A) In general The term environmental review process means the process of preparing an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for a project study. (B) Inclusions The term environmental review process includes the process for and completion of any environmental permit, approval, review, or study required for a project study under any Federal law other than the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (3) Federal jurisdictional agency The term Federal jurisdictional agency means a Federal agency with jurisdiction delegated by law, regulation, order, or otherwise over a review, analysis, opinion, statement, permit, license, or other approval or decision required for a project study under applicable Federal laws (including regulations). (4) Federal lead agency The term Federal lead agency means the Corps of Engineers. (5) Project The term project means a water resources development project to be carried out by the Secretary. (6) Project sponsor The term project sponsor has the meaning given the term non-Federal interest in section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)). (7) Project study The term project study means a feasibility study for a project carried out pursuant to section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ). (b) Applicability (1) In general This section— (A) shall apply to each project study that is initiated after the date of enactment of the Water Resources Reform and Development Act of 2014 and for which an environmental impact statement is prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (B) may be applied, to the extent determined appropriate by the Secretary, to other project studies initiated after such date of enactment and for which an environmental review process document is prepared under that Act. (2) Flexibility Any authority granted under this section may be exercised, and any requirement established under this section may be satisfied, for the conduct of an environmental review process for a project study, a class of project studies, or a program of project studies. (3) List of project studies (A) In general The Secretary shall annually prepare, and make publicly available, a separate list of each study that the Secretary has determined— (i) meets the standards described in paragraph (1); and (ii) does not have adequate funding to make substantial progress toward the completion of the project study. (B) Inclusions The Secretary shall include for each project study on the list under subparagraph (A) a description of the estimated amounts necessary to make substantial progress on the project study. (c) Project review process (1) In general The Secretary shall develop and implement a coordinated environmental review process for the development of project studies. (2) Coordinated review The coordinated environmental review process described in paragraph (1) shall require that any review, analysis, opinion, statement, permit, license, or other approval or decision issued or made by a Federal, State, or local governmental agency or an Indian tribe for a project study described in subsection (b) be conducted, to the maximum extent practicable, concurrently with any other applicable governmental agency or Indian tribe. (3) Timing The coordinated environmental review process under this subsection shall be completed not later than the date on which the Secretary, in consultation and concurrence with the agencies identified under subsection (e), establishes with respect to the project study. (d) Lead agencies (1) Joint lead agencies (A) In general At the discretion of the Secretary and subject to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and the requirements of section 1506.8 of title 40, Code of Federal Regulations (or successor regulations), including the concurrence of the proposed joint lead agency, a project sponsor may serve as the joint lead agency. (B) Project sponsor as joint lead agency A project sponsor that is a State or local governmental entity may— (i) with the concurrence of the Secretary, serve as a joint lead agency with the Federal lead agency for purposes of preparing any environmental document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (ii) prepare any environmental review process document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) required in support of any action or approval by the Secretary if— (I) the Secretary provides guidance in the preparation process and independently evaluates that document; (II) the project sponsor complies with all requirements applicable to the Secretary under— (aa) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (bb) any regulation implementing that Act; and (cc) any other applicable Federal law; and (III) the Secretary approves and adopts the document before the Secretary takes any subsequent action or makes any approval based on that document, regardless of whether the action or approval of the Secretary results in Federal funding. (2) Duties The Secretary shall ensure that— (A) the project sponsor complies with all design and mitigation commitments made jointly by the Secretary and the project sponsor in any environmental document prepared by the project sponsor in accordance with this subsection; and (B) any environmental document prepared by the project sponsor is appropriately supplemented to address any changes to the project the Secretary determines are necessary. (3) Adoption and use of documents Any environmental document prepared in accordance with this subsection shall be adopted and used by any Federal agency making any determination related to the project study to the same extent that the Federal agency could adopt or use a document prepared by another Federal agency under— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (B) parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regulations). (4) Roles and responsibility of lead agency With respect to the environmental review process for any project study, the Federal lead agency shall have authority and responsibility— (A) to take such actions as are necessary and proper and within the authority of the Federal lead agency to facilitate the expeditious resolution of the environmental review process for the project study; and (B) to prepare or ensure that any required environmental impact statement or other environmental review document for a project study required to be completed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) is completed in accordance with this section and applicable Federal law. (e) Participating and cooperating agencies (1) Identification of jurisdictional agencies With respect to carrying out the environmental review process for a project study, the Secretary shall identify, as early as practicable in the environmental review process, all Federal, State, and local government agencies and Indian tribes that may— (A) have jurisdiction over the project; (B) be required by law to conduct or issue a review, analysis, opinion, or statement for the project study; or (C) be required to make a determination on issuing a permit, license, or other approval or decision for the project study. (2) State authority If the environmental review process is being implemented by the Secretary for a project study within the boundaries of a State, the State, consistent with State law, may choose to participate in the process and to make subject to the process all State agencies that— (A) have jurisdiction over the project; (B) are required to conduct or issue a review, analysis, opinion, or statement for the project study; or (C) are required to make a determination on issuing a permit, license, or other approval or decision for the project study. (3) Invitation (A) In general The Federal lead agency shall invite, as early as practicable in the environmental review process, any agency identified under paragraph (1) to become a participating or cooperating agency, as applicable, in the environmental review process for the project study. (B) Deadline An invitation to participate issued under subparagraph (A) shall set a deadline by which a response to the invitation shall be submitted, which may be extended by the Federal lead agency for good cause. (4) Procedures Section 1501.6 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the Water Resources Reform and Development Act of 2014 ) shall govern the identification and the participation of a cooperating agency. (5) Federal cooperating agencies Any Federal agency that is invited by the Federal lead agency to participate in the environmental review process for a project study shall be designated as a cooperating agency by the Federal lead agency unless the invited agency informs the Federal lead agency, in writing, by the deadline specified in the invitation that the invited agency— (A) (i) (I) has no jurisdiction or authority with respect to the project; (II) has no expertise or information relevant to the project; or (III) does not have adequate funds to participate in the project; and (ii) does not intend to submit comments on the project; or (B) does not intend to submit comments on the project. (6) Administration A participating or cooperating agency shall comply with this section and any schedule established under this section. (7) Effect of designation Designation as a participating or cooperating agency under this subsection shall not imply that the participating or cooperating agency— (A) supports a proposed project; or (B) has any jurisdiction over, or special expertise with respect to evaluation of, the project. (8) Concurrent reviews Each participating or cooperating agency shall— (A) carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process, unless doing so would prevent the participating or cooperating agency from conducting needed analysis or otherwise carrying out those obligations; and (B) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner. (f) Programmatic compliance (1) In general The Secretary shall issue guidance regarding the use of programmatic approaches to carry out the environmental review process that— (A) eliminates repetitive discussions of the same issues; (B) focuses on the actual issues ripe for analyses at each level of review; (C) establishes a formal process for coordinating with participating and cooperating agencies, including the creation of a list of all data that is needed to carry out an environmental review process; and (D) complies with— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (ii) all other applicable laws. (2) Requirements In carrying out paragraph (1), the Secretary shall— (A) as the first step in drafting guidance under that paragraph, consult with relevant Federal, State, and local governmental agencies, Indian tribes, and the public on the appropriate use and scope of the programmatic approaches; (B) emphasize the importance of collaboration among relevant Federal, State, and local governmental agencies, and Indian tribes in undertaking programmatic reviews, especially with respect to including reviews with a broad geographical scope; (C) ensure that the programmatic reviews— (i) promote transparency, including of the analyses and data used in the environmental review process, the treatment of any deferred issues raised by Federal, State, and local governmental agencies, Indian tribes, or the public, and the temporal and special scales to be used to analyze those issues; (ii) use accurate and timely information in the environmental review process, including— (I) criteria for determining the general duration of the usefulness of the review; and (II) the timeline for updating any out-of-date review; (iii) describe— (I) the relationship between programmatic analysis and future tiered analysis; and (II) the role of the public in the creation of future tiered analysis; and (iv) are available to other relevant Federal, State, and local governmental agencies, Indian tribes, and the public; (D) allow not fewer than 60 days of public notice and comment on any proposed guidance; and (E) address any comments received under subparagraph (D). (g) Coordinated reviews (1) Coordination plan (A) Establishment (i) In general The Federal lead agency shall, after consultation with and with the concurrence of each participating and cooperating agency and the project sponsor or joint lead agency, as applicable, establish a plan for coordinating public and agency participation in, and comment on, the environmental review process for a project study or a category of project studies. (ii) Incorporation The plan established under clause (i) shall be incorporated into the project schedule milestones set under section 905(g)(2) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282(g)(2) ). (B) Schedule (i) In general As soon as practicable but not later than 45 days after the close of the public comment period on a draft environmental impact statement, the Federal lead agency, after consultation with and the concurrence of each participating and cooperating agency and the project sponsor or joint lead agency, as applicable, shall establish, as part of the coordination plan established in subparagraph (A), a schedule for completion of the environmental review process for the project study. (ii) Factors for consideration In establishing a schedule, the Secretary shall consider factors such as— (I) the responsibilities of participating and cooperating agencies under applicable laws; (II) the resources available to the project sponsor, joint lead agency, and other relevant Federal and State agencies, as applicable; (III) the overall size and complexity of the project; (IV) the overall schedule for and cost of the project; and (V) the sensitivity of the natural and historical resources that could be affected by the project. (iii) Modifications The Secretary may— (I) lengthen a schedule established under clause (i) for good cause; and (II) shorten a schedule only with concurrence of the affected participating and cooperating agencies and the project sponsor or joint lead agency, as applicable. (iv) Dissemination A copy of a schedule established under clause (i) shall be— (I) provided to each participating and cooperating agency and the project sponsor or joint lead agency, as applicable; and (II) made available to the public. (2) Comment deadlines The Federal lead agency shall establish the following deadlines for comment during the environmental review process for a project study: (A) Draft environmental impact statements For comments by Federal and States agencies and the public on a draft environmental impact statement, a period of not more than 60 days after publication in the Federal Register of notice of the date of public availability of the draft environmental impact statement, unless— (i) a different deadline is established by agreement of the Federal lead agency, the project sponsor or joint lead agency, as applicable, and all participating and cooperating agencies; or (ii) the deadline is extended by the Federal lead agency for good cause. (B) Other environmental review processes For all other comment periods established by the Federal lead agency for agency or public comments in the environmental review process, a period of not more than 30 days after the date on which the materials on which comment is requested are made available, unless— (i) a different deadline is established by agreement of the Federal lead agency, the project sponsor, or joint lead agency, as applicable, and all participating and cooperating agencies; or (ii) the deadline is extended by the Federal lead agency for good cause. (3) Deadlines for decisions under other laws In any case in which a decision under any Federal law relating to a project study, including the issuance or denial of a permit or license, is required to be made by the date described in subsection (h)(5)(B)(ii), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives— (A) as soon as practicable after the 180-day period described in subsection (h)(5)(B)(ii), an initial notice of the failure of the Federal agency to make the decision; and (B) every 60 days thereafter until such date as all decisions of the Federal agency relating to the project study have been made by the Federal agency, an additional notice that describes the number of decisions of the Federal agency that remain outstanding as of the date of the additional notice. (4) Involvement of the public Nothing in this subsection reduces any time period provided for public comment in the environmental review process under applicable Federal law (including regulations). (5) Transparency Reporting (A) Reporting requirements Not later than 1 year after the date of enactment of the Water Resources Reform and Development Act of 2014 , the Secretary shall establish and maintain an electronic database and, in coordination with other Federal and State agencies, issue reporting requirements to make publicly available the status and progress with respect to compliance with applicable requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et. seq.) and any other Federal, State, or local approval or action required for a project study for which this section is applicable. (B) Project study transparency Consistent with the requirements established under subparagraph (A), the Secretary shall publish the status and progress of any Federal, State, or local decision, action, or approval required under applicable laws for each project study for which this section is applicable. (h) Issue identification and resolution (1) Cooperation The Federal lead agency, the cooperating agencies, and any participating agencies shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion of the environmental review process or result in the denial of any approval required for the project study under applicable laws. (2) Federal lead agency responsibilities (A) In general The Federal lead agency shall make information available to the cooperating agencies and participating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration. (B) Data sources The information under subparagraph (A) may be based on existing data sources, including geographic information systems mapping. (3) Cooperating and participating agency responsibilities Based on information received from the Federal lead agency, cooperating and participating agencies shall identify, as early as practicable, any issues of concern regarding the potential environmental or socioeconomic impacts of the project, including any issues that could substantially delay or prevent an agency from granting a permit or other approval that is needed for the project study. (4) Accelerated issue resolution and elevation (A) In general On the request of a participating or cooperating agency or project sponsor, the Secretary shall convene an issue resolution meeting with the relevant participating and cooperating agencies and the project sponsor or joint lead agency, as applicable, to resolve issues that may— (i) delay completion of the environmental review process; or (ii) result in denial of any approval required for the project study under applicable laws. (B) Meeting date A meeting requested under this paragraph shall be held not later than 21 days after the date on which the Secretary receives the request for the meeting, unless the Secretary determines that there is good cause to extend that deadline. (C) Notification On receipt of a request for a meeting under this paragraph, the Secretary shall notify all relevant participating and cooperating agencies of the request, including the issue to be resolved and the date for the meeting. (D) Elevation of issue resolution If a resolution cannot be achieved within the 30 day-period beginning on the date of a meeting under this paragraph and a determination is made by the Secretary that all information necessary to resolve the issue has been obtained, the Secretary shall forward the dispute to the heads of the relevant agencies for resolution. (E) Convention by secretary The Secretary may convene an issue resolution meeting under this paragraph at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under subparagraph (A). (5) Financial penalty provisions (A) In general A Federal jurisdictional agency shall complete any required approval or decision for the environmental review process on an expeditious basis using the shortest existing applicable process. (B) Failure to decide (i) In general If a Federal jurisdictional agency fails to render a decision required under any Federal law relating to a project study that requires the preparation of an environmental impact statement or environmental assessment, including the issuance or denial of a permit, license, statement, opinion, or other approval by the date described in clause (ii), the amount of funds made available to support the office of the head of the Federal jurisdictional agency shall be reduced by an amount of funding equal to the amounts specified in subclause (I) or (II) and those funds shall be made available to the division of the Federal jurisdictional agency charged with rendering the decision by not later than 1 day after the applicable date under clause (ii), and once each week thereafter until a final decision is rendered, subject to subparagraph (C)— (I) $20,000 for any project study requiring the preparation of an environmental assessment or environmental impact statement; or (II) $10,000 for any project study requiring any type of review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) other than an environmental assessment or environmental impact statement. (ii) Description of date The date referred to in clause (i) is the later of— (I) the date that is 180 days after the date on which an application for the permit, license, or approval is complete; and (II) the date that is 180 days after the date on which the Federal lead agency issues a decision on the project under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (C) Limitations (i) In general No transfer of funds under subparagraph (B) relating to an individual project study shall exceed, in any fiscal year, an amount equal to 1 percent of the funds made available for the applicable agency office. (ii) Failure to decide The total amount transferred in a fiscal year as a result of a failure by an agency to make a decision by an applicable deadline shall not exceed an amount equal to 5 percent of the funds made available for the applicable agency office for that fiscal year. (iii) Aggregate Notwithstanding any other provision of law, for each fiscal year, the aggregate amount of financial penalties assessed against each applicable agency office under the Water Resources Reform and Development Act of 2014 and any other Federal law as a result of a failure of the agency to make a decision by an applicable deadline for environmental review, including the total amount transferred under this paragraph, shall not exceed an amount equal to 9.5 percent of the funds made available for the agency office for that fiscal year. (D) No fault of agency (i) In general A transfer of funds under this paragraph shall not be made if the applicable agency described in subparagraph (A) notifies, with a supporting explanation, the Federal lead agency, cooperating agencies, and project sponsor, as applicable, that— (I) the agency has not received necessary information or approvals from another entity in a manner that affects the ability of the agency to meet any requirements under Federal, State, or local law; (II) significant new information, including from public comments, or circumstances, including a major modification to an aspect of the project, requires additional analysis for the agency to make a decision on the project application; or (III) the agency lacks the financial resources to complete the review under the scheduled time frame, including a description of the number of full-time employees required to complete the review, the amount of funding required to complete the review, and a justification as to why not enough funding is available to complete the review by the deadline. (ii) Lack of financial resources If the agency provides notice under clause (i)(III), the Inspector General of the agency shall— (I) conduct a financial audit to review the notice; and (II) not later than 90 days after the date on which the review described in subclause (I) is completed, submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the notice. (E) Limitation The Federal agency from which funds are transferred pursuant to this paragraph shall not reprogram funds to the office of the head of the agency, or equivalent office, to reimburse that office for the loss of the funds. (F) Effect of paragraph Nothing in this paragraph affects or limits the application of, or obligation to comply with, any Federal, State, local, or tribal law. (i) Memorandum of Agreements for Early Coordination (1) Sense of Congress It is the sense of Congress that— (A) the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process should cooperate with each other, State agencies, and Indian tribes on environmental review and project delivery activities at the earliest practicable time to avoid delays and duplication of effort later in the process, prevent potential conflicts, and ensure that planning and project development decisions reflect environmental values; and (B) the cooperation referred to in subparagraph (A) should include the development of policies and the designation of staff that advise planning agencies and project sponsors of studies or other information foreseeably required for later Federal action and early consultation with appropriate State and local agencies and Indian tribes. (2) Technical assistance If requested at any time by a State or project sponsor, the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process, shall, to the maximum extent practicable and appropriate, as determined by the agencies, provide technical assistance to the State or project sponsor in carrying out early coordination activities. (3) Memorandum of agency agreement If requested at any time by a State or project sponsor, the Federal lead agency, in consultation with other Federal agencies with relevant jurisdiction in the environmental review process, may establish memoranda of agreement with the project sponsor, Indian tribe, State and local governments, and other appropriate entities to carry out the early coordination activities, including providing technical assistance in identifying potential impacts and mitigation issues in an integrated fashion. (j) Limitations Nothing in this section preempts or interferes with— (1) any obligation to comply with the provisions of any Federal law, including— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (B) any other Federal environmental law; (2) the reviewability of any final Federal agency action in a court of the United States or in the court of any State; (3) any requirement for seeking, considering, or responding to public comment; or (4) any power, jurisdiction, responsibility, duty, or authority that a Federal, State, or local governmental agency, Indian tribe, or project sponsor has with respect to carrying out a project or any other provision of law applicable to projects. (k) Timing of claims (1) Timing (A) In general Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or other approval issued by a Federal agency for a project study shall be barred unless the claim is filed not later than 3 years after publication of a notice in the Federal Register announcing that the permit, license, or other approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law that allows judicial review. (B) Applicability Nothing in this subsection creates a right to judicial review or places any limit on filing a claim that a person has violated the terms of a permit, license, or other approval. (2) New information (A) In general The Secretary shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under title 40, Code of Federal Regulations (including successor regulations). (B) Separate action The preparation of a supplemental environmental impact statement or other environmental document, if required under this section, shall be considered a separate final agency action and the deadline for filing a claim for judicial review of the action shall be 3 years after the date of publication of a notice in the Federal Register announcing the action relating to such supplemental environmental impact statement or other environmental document. (l) Categorical exclusions (1) In general Not later than 180 days after the date of enactment of the Water Resources Reform and Development Act of 2014 , the Secretary shall— (A) survey the use by the Corps of Engineers of categorical exclusions in projects since 2005; (B) publish a review of the survey that includes a description of— (i) the types of actions that were categorically excluded or could be the basis for developing a new categorical exclusion; and (ii) any requests previously received by the Secretary for new categorical exclusions; and (C) solicit requests from other Federal agencies and project sponsors for new categorical exclusions. (2) New categorical exclusions Not later than 1 year after the date of enactment of the Water Resources Reform and Development Act of 2014 , if the Secretary has identified a category of activities that merit establishing a categorical exclusion that did not exist on the day before the date of enactment of the Water Resources Reform and Development Act of 2014 based on the review under paragraph (1), the Secretary shall publish a notice of proposed rulemaking to propose that new categorical exclusion, to the extent that the categorical exclusion meets the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (or successor regulation). (m) Review of project acceleration reforms (1) In general The Comptroller General of the United States shall— (A) assess the reforms carried out under this section; and (B) not later than 5 years and not later than 10 years after the date of enactment of the Water Resources Reform and Development Act of 2014 , submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the results of the assessment. (2) Contents The reports under paragraph (1) shall include an evaluation of impacts of the reforms carried out under this section on— (A) project delivery; (B) compliance with environmental laws; and (C) the environmental impact of projects. (n) Performance measurement The Secretary shall establish a program to measure and report on progress made toward improving and expediting the planning and environmental review process. (o) Implementation guidance The Secretary shall prepare, in consultation with the Council on Environmental Quality and other Federal agencies with jurisdiction over actions or resources that may be impacted by a project, guidance documents that describe the coordinated environmental review processes that the Secretary intends to use to implement this section for the planning of projects, in accordance with the civil works program of the Corps of Engineers and all applicable law. . (2) Clerical amendment The table of contents contained in section 1(b) of the Water Resources Development Act of 2007 (121 Stat. 1042) is amended by striking the item relating to section 2045 and inserting the following: Sec. 2045. Project acceleration. . (b) Categorical exclusions in emergencies For the repair, reconstruction, or rehabilitation of a water resources project that is in operation or under construction when damaged by an event or incident that results in a declaration by the President of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), the Secretary shall treat such repair, reconstruction, or rehabilitation activity as a class of action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations (or successor regulations), if the repair or reconstruction activity is— (1) in the same location with the same capacity, dimensions, and design as the original water resources project as before the declaration described in this section; and (2) commenced within a 2-year period beginning on the date of a declaration described in this subsection. 1006. Expediting the evaluation and processing of permits Section 214 of the Water Resources Development Act of 2000 ( Public Law 106–541 ; 33 U.S.C. 2201 note) is amended— (1) in subsection (a)— (A) by striking (a) In general .—The Secretary and inserting the following: (a) Funding to process permits (1) Definitions In this subsection: (A) Natural gas company The term natural gas company has the meaning given the term in section 1262 of the Public Utility Holding Company Act of 2005 ( 42 U.S.C. 16451 ), except that the term also includes a person engaged in the transportation of natural gas in intrastate commerce. (B) Public-utility company The term public-utility company has the meaning given the term in section 1262 of the Public Utility Holding Company Act of 2005 ( 42 U.S.C. 16451 ). (2) Permit processing The Secretary ; (B) in paragraph (2) (as so designated)— (i) by inserting or a public-utility company or natural gas company after non-Federal public entity ; and (ii) by inserting or company after that entity ; and (C) by adding at the end the following: (3) Limitation for public-utility and natural gas companies The authority provided under paragraph (2) to a public-utility company or natural gas company shall expire on the date that is 7 years after the date of enactment of this paragraph. (4) Effect on other entities To the maximum extent practicable, the Secretary shall ensure that expediting the evaluation of a permit through the use of funds accepted and expended under this section does not adversely affect the timeline for evaluation (in the Corps district in which the project or activity is located) of permits under the jurisdiction of the Department of the Army of other entities that have not contributed funds under this section. (5) GAO study Not later than 4 years after the date of enactment of this paragraph, the Comptroller General of the United States shall carry out a study of the implementation by the Secretary of the authority provided under paragraph (2) to public-utility companies and natural gas companies. ; and (2) by striking subsections (d) and (e) and inserting the following: (d) Public availability (1) In general The Secretary shall ensure that all final permit decisions carried out using funds authorized under this section are made available to the public in a common format, including on the Internet, and in a manner that distinguishes final permit decisions under this section from other final actions of the Secretary. (2) Decision document The Secretary shall— (A) use a standard decision document for evaluating all permits using funds accepted under this section; and (B) make the standard decision document, along with all final permit decisions, available to the public, including on the Internet. (3) Agreements The Secretary shall make all active agreements to accept funds under this section available on a single public Internet site. (e) Reporting (1) In general The Secretary shall prepare an annual report on the implementation of this section, which, at a minimum, shall include for each district of the Corps of Engineers that accepts funds under this section— (A) a comprehensive list of any funds accepted under this section during the previous fiscal year; (B) a comprehensive list of the permits reviewed and approved using funds accepted under this section during the previous fiscal year, including a description of the size and type of resources impacted and the mitigation required for each permit; and (C) a description of the training offered in the previous fiscal year for employees that is funded in whole or in part with funds accepted under this section. (2) Submission Not later than 90 days after the end of each fiscal year, the Secretary shall— (A) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the annual report described in paragraph (1); and (B) make each report received under subparagraph (A) available on a single publicly accessible Internet site. . 1007. Expediting approval of modifications and alterations of projects by non-Federal interests (a) Section 14 application defined In this section, the term section 14 application means an application submitted by an applicant to the Secretary requesting permission for the temporary occupation or use of a public work, or the alteration or permanent occupation or use of a public work, under section 14 of the Act of March 3, 1899 (commonly known as the Rivers and Harbors Appropriation Act of 1899 ) ( 33 U.S.C. 408 ). (b) Review Not later than 1 year after the date of enactment of this Act, the Secretary, after providing notice and an opportunity for comment, shall establish a process for the review of section 14 applications in a timely and consistent manner. (c) Benchmark goals (1) Establishment of benchmark goals In carrying out subsection (b), the Secretary shall— (A) establish benchmark goals for determining the amount of time it should take the Secretary to determine whether a section 14 application is complete; (B) establish benchmark goals for determining the amount of time it should take the Secretary to approve or disapprove a section 14 application; and (C) to the extent practicable, use such benchmark goals to make a decision on section 14 applications in a timely and consistent manner. (2) Benchmark goals (A) Benchmark goals for determining whether section 14 applications are complete To the extent practicable, the benchmark goals established under paragraph (1) shall provide that— (i) the Secretary reach a decision on whether a section 14 application is complete not later than 15 days after the date of receipt of the application; and (ii) if the Secretary determines that a section 14 application is not complete, the Secretary promptly notify the applicant of the specific information that is missing or the analysis that is needed to complete the application. (B) Benchmark goals for reviewing completed applications To the extent practicable, the benchmark goals established under paragraph (1) shall provide that— (i) the Secretary generally approve or disapprove a completed section 14 application not later than 45 days after the date of receipt of the completed application; and (ii) in a case in which the Secretary determines that additional time is needed to review a completed section 14 application due to the type, size, cost, complexity, or impacts of the actions proposed in the application, the Secretary generally approve or disapprove the application not later than 180 days after the date of receipt of the completed application. (3) Notice In any case in which the Secretary determines that it will take the Secretary more than 45 days to review a completed section 14 application, the Secretary shall— (A) provide written notification to the applicant; and (B) include in the written notice a best estimate of the Secretary as to the amount of time required for completion of the review. (d) Failure To achieve benchmark goals In any case in which the Secretary fails make a decision on a section 14 application in accordance with the process established under this section, the Secretary shall provide written notice to the applicant, including a detailed description of— (1) why the Secretary failed to make a decision in accordance with such process; (2) the additional actions required before the Secretary will issue a decision; and (3) the amount of time the Secretary will require to issue a decision. (e) Notification (1) Submission to Congress The Secretary shall provide a copy of any written notice provided under subsection (d) to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (2) Public availability The Secretary shall maintain a publicly available database, including on the Internet, on— (A) all section 14 applications received by the Secretary; and (B) the current status of such applications. 1008. Expediting hydropower at Corps of Engineers facilities (a) Policy Congress declares that it is the policy of the United States that— (1) the development of non-Federal hydroelectric power at Corps of Engineers civil works projects, including locks and dams, shall be given priority; (2) Corps of Engineers approval of non-Federal hydroelectric power at Corps of Engineers civil works projects, including permitting required under section 14 of the Act of March 3, 1899 ( 33 U.S.C. 408 ), shall be completed by the Corps of Engineers in a timely and consistent manner; and (3) approval of hydropower at Corps of Engineers civil works projects shall in no way diminish the other priorities and missions of the Corps of Engineers, including authorized project purposes and habitat and environmental protection. (b) Report Not later than 2 years after the date of enactment of this Act and biennially thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that, at a minimum, shall include— (1) a description of initiatives carried out by the Secretary to encourage the development of hydroelectric power by non-Federal entities at Corps of Engineers civil works projects; (2) a list of all new hydroelectric power activities by non-Federal entities approved at Corps of Engineers civil works projects in that fiscal year, including the length of time the Secretary needed to approve those activities; (3) a description of the status of each pending application from non-Federal entities for approval to develop hydroelectric power at Corps of Engineers civil works projects; (4) a description of any benefits or impacts to the environment, recreation, or other uses associated with Corps of Engineers civil works projects at which non-Federal entities have developed hydroelectric power in the previous fiscal year; and (5) the total annual amount of payments or other services provided to the Corps of Engineers, the Treasury, and any other Federal agency as a result of approved non-Federal hydropower projects at Corps of Engineers civil works projects. 1009. Enhanced use of electronic commerce in Federal procurement (a) Report Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report describing the actions of the Secretary in carrying out section 2301 of title 41, United States Code, regarding the use of electronic commerce in Federal procurement. (b) Contents The report submitted under subsection (a) shall include, with respect to the 2 fiscal years most recently ended before the fiscal year in which the report is submitted— (1) an identification of the number, type, and dollar value of procurement solicitations with respect to which the public was permitted to respond to the solicitation electronically, which shall differentiate between solicitations that allowed full or partial electronic submission; (2) an analysis of the information provided under paragraph (1) and actions that could be taken by the Secretary to refine and improve the use of electronic submission for procurement solicitation responses; (3) an analysis of the potential benefits of and obstacles to full implementation of electronic submission for procurement solicitation responses, including with respect to cost savings, error reduction, paperwork reduction, increased bidder participation, and competition, and expanded use of electronic bid data collection for cost-effective contract management and timely reporting; and (4) an analysis of the options and technologies available to facilitate expanded implementation of electronic submission for procurement solicitation responses and the suitability of each option and technology for contracts of various types and sizes. 1010. Determination of project completion (a) In general The Secretary shall notify the applicable non-Federal interest when construction of a water resources project or a functional portion of the project is completed so the non-Federal interest may commence responsibilities, as applicable, for operating and maintaining the project. (b) Non-Federal interest appeal of determination (1) In general Not later than 7 days after receiving a notification under subsection (a), the non-Federal interest may appeal the completion determination of the Secretary in writing with a detailed explanation of the basis for questioning the completeness of the project or functional portion of the project. (2) Independent review (A) In general On notification that a non-Federal interest has submitted an appeal under paragraph (1), the Secretary shall contract with 1 or more independent, non-Federal experts to evaluate whether the applicable water resources project or functional portion of the project is complete. (B) Timeline An independent review carried out under subparagraph (A) shall be completed not later than 180 days after the date on which the Secretary receives an appeal from a non-Federal interest under paragraph (1). 1011. Prioritization (a) Prioritization of hurricane and storm damage risk reduction efforts (1) Priority For authorized projects and ongoing feasibility studies with a primary purpose of hurricane and storm damage risk reduction, the Secretary shall give funding priority to projects and ongoing studies that— (A) address an imminent threat to life and property; (B) prevent storm surge from inundating populated areas; (C) prevent the loss of coastal wetlands that help reduce the impact of storm surge; (D) protect emergency hurricane evacuation routes or shelters; (E) prevent adverse impacts to publicly owned or funded infrastructure and assets; (F) minimize disaster relief costs to the Federal Government; and (G) address hurricane and storm damage risk reduction in an area for which the President declared a major disaster in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ). (2) Expedited consideration of currently authorized projects Not later than 180 days after the date of enactment of this Act, the Secretary shall— (A) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a list of all— (i) ongoing hurricane and storm damage reduction feasibility studies that have signed feasibility cost-share agreements and have received Federal funds since 2009; and (ii) authorized hurricane and storm damage reduction projects that— (I) have been authorized for more than 20 years but are less than 75 percent complete; or (II) are undergoing a post-authorization change report, general reevaluation report, or limited reevaluation report; (B) identify those projects on the list required under subparagraph (A) that meet the criteria described in paragraph (1); and (C) provide a plan for expeditiously completing the projects identified under subparagraph (B), subject to available funding. (b) Prioritization of ecosystem restoration efforts For authorized projects with a primary purpose of ecosystem restoration, the Secretary shall give funding priority to projects— (1) that— (A) address an identified threat to public health, safety, or welfare; (B) preserve or restore ecosystems of national significance; or (C) preserve or restore habitats of importance for federally protected species, including migratory birds; and (2) for which the restoration activities will contribute to other ongoing or planned Federal, State, or local restoration initiatives. 1012. Transparency in accounting and administrative expenses (a) In general On the request of a non-Federal interest, the Secretary shall provide to the non-Federal interest a detailed accounting of the Federal expenses associated with a water resources project. (b) Study (1) In general The Secretary shall contract with the National Academy of Public Administration to carry out a study on the efficiency of the Corps Engineers current staff salaries and administrative expense procedures as compared to using a separate administrative expense account. (2) Contents The study under paragraph (1) shall include any recommendations of the National Academy of Public Administration for improvements to the budgeting and administrative processes that will increase the efficiency of the Corps of Engineers project delivery. 1013. Evaluation of project Partnership Agreements (a) In general The Secretary shall contract with the National Academy of Public Administration to carry out a comprehensive review of the process for preparing, negotiating, and approving Project Partnership Agreements and the Project Partnership Agreement template, which shall include— (1) an evaluation of the process for preparing, negotiating, and approving Project Partnership Agreements, as in effect on the day before the date of enactment of this Act, including suggested modifications to the process provided by non-Federal interests; and (2) recommendations based on the evaluation under paragraph (1) to improve the Project Partnership Agreement template and the process for preparing, negotiating, and approving Project Partnership Agreements. (b) Submission to Congress (1) In general The Secretary shall submit the findings of the National Academy of Public Administration to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (2) Report Not later than 180 days after the date on which the findings are received under paragraph (1), the 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 response, including any recommendations the Secretary plans to implement, on the process for preparing, negotiating, and approving Project Partnership Agreements and the Project Partnership Agreement template. 1014. Study and construction of water resources development projects by non-Federal interests (a) Studies Section 203 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2231 ) is amended to read as follows: 203. Study of water resources development projects by non-Federal interests (a) Submission to Secretary (1) In general A non-Federal interest may undertake a feasibility study of a proposed water resources development project and submit the study to the Secretary. (2) Guidelines To assist non-Federal interests, the Secretary, as soon as practicable, shall issue guidelines for feasibility studies of water resources development projects to provide sufficient information for the formulation of the studies. (b) Review by Secretary The Secretary shall review each feasibility study received under subsection (a)(1) for the purpose of determining whether or not the study, and the process under which the study was developed, each comply with Federal laws and regulations applicable to feasibility studies of water resources development projects. (c) Submission to Congress Not later than 180 days after the date of receipt of a feasibility study of a project under subsection (a)(1), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes— (1) the results of the Secretary’s review of the study under subsection (b), including a determination of whether the project is feasible; (2) any recommendations the Secretary may have concerning the plan or design of the project; and (3) any conditions the Secretary may require for construction of the project. (d) Credit If a project for which a feasibility study has been submitted under subsection (a)(1) is authorized by a Federal law enacted after the date of the submission to Congress under subsection (c), the Secretary shall credit toward the non-Federal share of the cost of construction of the project an amount equal to the portion of the cost of developing the study that would have been the responsibility of the United States if the study had been developed by the Secretary. . (b) Construction (1) In general Section 204 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2232 ) is amended to read as follows: 204. Construction of water resources development projects by non-Federal interests (a) Water resources development project defined In this section, the term water resources development project means a project recommendation that results from— (1) a feasibility report, as such term is defined in section 7001(f) of the Water Resources Reform and Development Act of 2014 ; (2) a completed feasibility study developed under section 203; or (3) a final feasibility study for water resources development and conservation and other purposes that is specifically authorized by Congress to be carried out by the Secretary. (b) Authority (1) In general A non-Federal interest may carry out a water resources development project, or separable element thereof— (A) in accordance with a plan approved by the Secretary for the project or separable element; and (B) subject to any conditions that the Secretary may require, including any conditions specified under section 203(c)(3). (2) Conditions Before carrying out a water resources development project, or separable element thereof, under this section, a non-Federal interest shall— (A) obtain any permit or approval required in connection with the project or separable element under Federal or State law; and (B) ensure that a final environmental impact statement or environmental assessment, as appropriate, for the project or separable element has been filed. (c) Studies and engineering When requested by an appropriate non-Federal interest, the Secretary may undertake all necessary studies and engineering for any construction to be undertaken under subsection (b), and provide technical assistance in obtaining all necessary permits for the construction, if the non-Federal interest contracts with the Secretary to furnish the United States funds for the studies, engineering, or technical assistance in the period during which the studies and engineering are being conducted. (d) Credit or reimbursement (1) General rule Subject to paragraph (3), a project or separable element of a project carried out by a non-Federal interest under this section shall be eligible for credit or reimbursement for the Federal share of work carried out on a project or separable element of a project if— (A) before initiation of construction of the project or separable element— (i) the Secretary approves the plans for construction of the project or separable element of the project by the non-Federal interest; (ii) the Secretary determines, before approval of the plans, that the project or separable element of the project is feasible; and (iii) the non-Federal interest enters into a written agreement with the Secretary under section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ), including an agreement to pay the non-Federal share, if any, of the cost of operation and maintenance of the project; and (B) the Secretary determines that all Federal laws and regulations applicable to the construction of a water resources development project, and any conditions identified under subsection (b)(1)(B), were complied with by the non-Federal interest during construction of the project or separable element of the project. (2) Application of Credit The Secretary may apply credit toward— (A) the non-Federal share of authorized separable elements of the same project; or (B) subject to the requirements of this section and section 1020 of the Water Resources Reform and Development Act of 2014 , at the request of the non-Federal interest, the non-Federal share of a different water resources development project. (3) Requirements The Secretary may only apply credit or provide reimbursement under paragraph (1) if— (A) Congress has authorized construction of the project or separable element of the project; and (B) the Secretary certifies that the project has been constructed in accordance with— (i) all applicable permits or approvals; and (ii) this section. (4) Monitoring The Secretary shall regularly monitor and audit any water resources development project, or separable element of a water resources development project, constructed by a non-Federal interest under this section to ensure that— (A) the construction is carried out in compliance with the requirements of this section; and (B) the costs of the construction are reasonable. (e) Notification of committees If a non-Federal interest notifies the Secretary that the non-Federal interest intends to carry out a project, or separable element thereof, under this section, the Secretary shall provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives concerning the intent of the non-Federal interest. (f) Operation and maintenance Whenever a non-Federal interest carries out improvements to a federally authorized harbor or inland harbor, the Secretary shall be responsible for operation and maintenance in accordance with section 101(b) if— (1) before construction of the improvements— (A) the Secretary determines that the improvements are feasible and consistent with the purposes of this title; and (B) the Secretary and the non-Federal interest execute a written agreement relating to operation and maintenance of the improvements; (2) the Secretary certifies that the project or separable element of the project is constructed in accordance with applicable permits and appropriate engineering and design standards; and (3) the Secretary does not find that the project or separable element is no longer feasible. . (c) Repeals The following provisions are repealed: (1) Section 404 of the Water Resources Development Act of 1990 ( 33 U.S.C. 2232 note; 104 Stat. 4646) and the item relating to that section in the table of contents contained in section 1(b) of that Act. (2) Section 206 of the Water Resources Development Act of 1992 ( 33 U.S.C. 426i–1 ) and the item relating to that section in the table of contents contained in section 1(b) of that Act. (3) Section 211 of the Water Resources Development Act of 1996 ( 33 U.S.C. 701b–13 ) and the item relating to that section in the table of contents contained in section 1(b) of that Act. (d) Savings provision Nothing in this section may be construed to affect an agreement in effect on the date of enactment of this Act, or an agreement that is finalized between the Corps of Engineers and a non-Federal interest on or before December 31, 2014, under any of the following sections (as such sections were in effect on the day before such date of enactment): (1) Section 204 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2232 ). (2) Section 206 of the Water Resources Development Act of 1992 ( 33 U.S.C. 426i–1 ). (3) Section 211 of the Water Resources Development Act of 1996 ( 33 U.S.C. 701b–13 ). 1015. Contributions by non-Federal interests (a) In general Section 5 of the Act of June 22, 1936 ( 33 U.S.C. 701h ), is amended— (1) by inserting and other non-Federal interests after States and political subdivisions thereof each place it appears; (2) by inserting , including a project for navigation on the inland waterways, after study or project ; (3) by striking Provided , That when and inserting Provided , That the Secretary is authorized to receive and expend funds from a State or a political subdivision thereof, and other non-Federal interests or private entities, to operate a hurricane barrier project to support recreational activities at or in the vicinity of the project, at no cost to the Federal Government, if the Secretary determines that operation for such purpose is not inconsistent with the operation and maintenance of the project for the authorized purposes of the project: Provided further , That when ; and (4) by striking the period at the end and inserting the following: : Provided further , That the term non-Federal interest has the meaning given that term in section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ). . (b) Notification for contributed funds Prior to accepting funds contributed under section 5 of the Act of June 22, 1936 ( 33 U.S.C. 701h ), the Secretary shall provide written notice of the funds to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives. (c) Technical amendment Section 111(b) of the Energy and Water Development and Related Agencies Appropriations Act, 2012 (125 Stat. 858) is repealed. 1016. Operation and maintenance of certain projects The Secretary may assume responsibility for operation and maintenance in accordance with section 101(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b) ) (as amended by section 2102(b)) for improvements to a federally authorized harbor or inland harbor that are carried out by a non-Federal interest prior to December 31, 2014, if the Secretary determines that the requirements under paragraphs (2) and (3) of section 204(f) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2232(f) ) are met. 1017. Acceptance of contributed funds to increase lock operations (a) In general The Secretary, after providing public notice, shall establish a pilot program for the acceptance and expenditure of funds contributed by non-Federal interests to increase the hours of operation of locks at water resources development projects. (b) Applicability The establishment of the pilot program under this section shall not affect the periodic review and adjustment of hours of operation of locks based on increases in commercial traffic carried out by the Secretary. (c) Public comment Not later than 180 days before a proposed modification to the operation of a lock at a water resources development project will be carried out, the Secretary shall— (1) publish the proposed modification in the Federal Register; and (2) accept public comment on the proposed modification. (d) Reports (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that evaluates the cost-savings resulting from reduced lock hours and any economic impacts of modifying lock operations. (2) Review of pilot program Not later than September 30, 2017, and each year thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the effectiveness of the pilot program under this section. (e) Annual review The Secretary shall carry out an annual review of the commercial use of locks and make any necessary adjustments to lock operations based on that review. (f) Termination The authority to accept funds under this section shall terminate 5 years after the date of enactment of this Act. 1018. Credit for in-kind contributions (a) In general Section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) is amended— (1) in subparagraph (A), in the matter preceding clause (i), by inserting or a project under an environmental infrastructure assistance program after law ; (2) in subparagraph (C) by striking In any case and all that follows through the period at the end and inserting the following: (i) Construction (I) In general In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of construction carried out by the non-Federal interest before execution of a partnership agreement and that construction has not been carried out as of November 8, 2007, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work and shall do so prior to the non-Federal interest initiating construction or issuing a written notice to proceed for the construction. (II) Eligibility Construction that is carried out after the execution of an agreement to carry out work described in subclause (I) and any design activities that are required for that construction, even if the design activity is carried out prior to the execution of the agreement to carry out work, shall be eligible for credit. (ii) Planning (I) In general In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of planning carried out by the non-Federal interest before execution of a feasibility cost-sharing agreement, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work and shall do so prior to the non-Federal interest initiating that planning. (II) Eligibility Planning that is carried out by the non-Federal interest after the execution of an agreement to carry out work described in subclause (I) shall be eligible for credit. ; (3) in subparagraph (D)(iii) by striking sections 101 and 103 and inserting sections 101(a)(2) and 103(a)(1)(A) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(a)(2) ; 33 U.S.C. 2213(a)(1)(A) ) ; (4) by redesignating subparagraph (E) as subparagraph (H); (5) by inserting after subparagraph (D) the following: (E) Analysis of costs and benefits In the evaluation of the costs and benefits of a project, the Secretary shall not consider construction carried out by a non-Federal interest under this subsection as part of the future without project condition. (F) Transfer of Credit between Separable Elements of a Project Credit for in-kind contributions provided by a non-Federal interest that are in excess of the non-Federal cost share for an authorized separable element of a project may be applied toward the non-Federal cost share for a different authorized separable element of the same project. (G) Application of credit (i) In general To the extent that credit for in-kind contributions, as limited by subparagraph (D), and credit for required land, easements, rights-of-way, dredged material disposal areas, and relocations provided by the non-Federal interest exceed the non-Federal share of the cost of construction of a project other than a navigation project, the Secretary, subject to the availability of funds, shall enter into a reimbursement agreement with the non-Federal interest, which shall be in addition to a partnership agreement under subparagraph (A), to reimburse the difference to the non-Federal interest. (ii) Priority If appropriated funds are insufficient to cover the full cost of all requested reimbursement agreements under clause (i), the Secretary shall enter into reimbursement agreements in the order in which requests for such agreements are received. ; and (6) in subparagraph (H) (as redesignated by paragraph (4))— (A) in clause (i) by inserting , and to water resources projects authorized prior to the date of enactment of the Water Resources Development Act of 1986 ( Public Law 99–662 ), if correction of design deficiencies is necessary before the period at the end; and (B) by striking clause (ii) and inserting the following: (ii) Authorization as addition to other authorizations The authority of the Secretary to provide credit for in-kind contributions pursuant to this paragraph shall be in addition to any other authorization to provide credit for in-kind contributions and shall not be construed as a limitation on such other authorization. The Secretary shall apply the provisions of this paragraph, in lieu of provisions under other crediting authority, only if so requested by the non-Federal interest. . (b) Applicability Section 2003(e) of the Water Resources Development Act of 2007 (42 U.S.C. 1962d–5b note) is amended— (1) by inserting , or construction of design deficiency corrections on the project, after construction on the project ; and (2) by inserting , or under which construction of the project has not been completed and the work to be performed by the non-Federal interests has not been carried out and is creditable only toward any remaining non-Federal cost share, after has not been initiated . (c) Effective date The amendments made by subsections (a) and (b) take effect on November 8, 2007. (d) Guidelines (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall update any guidance or regulations for carrying out section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) (as amended by subsection (a)) that are in existence on the date of enactment of this Act or issue new guidelines, as determined to be appropriate by the Secretary. (2) Inclusions Any guidance, regulations, or guidelines updated or issued under paragraph (1) shall include, at a minimum— (A) the milestone for executing an in-kind memorandum of understanding for construction by a non-Federal interest; (B) criteria and procedures for evaluating a request to execute an in-kind memorandum of understanding for construction by a non-Federal interest that is earlier than the milestone under subparagraph (A) for that execution; and (C) criteria and procedures for determining whether work carried out by a non-Federal interest is integral to a project. (3) Public and stakeholder participation Before issuing any new or revised guidance, regulations, or guidelines or any subsequent updates to those documents, the Secretary shall— (A) consult with affected non-Federal interests; (B) publish the proposed guidelines developed under this subsection in the Federal Register; and (C) provide the public with an opportunity to comment on the proposed guidelines. (e) Other credit Nothing in section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) (as amended by subsection (a)) affects any eligibility for credit under section 104 of the Water Resources Development of 1986 ( 33 U.S.C. 2214 ) that was approved by the Secretary prior to the date of enactment of this Act. 1019. Clarification of in-kind credit authority (a) Non-Federal cost share Section 7007 of the Water Resources Development Act of 2007 (121 Stat. 1277) is amended— (1) in subsection (a), by inserting , on, or after after before ; (2) by striking subsection (d) and inserting the following: (d) Treatment of credit between projects The value of any land, easements, rights-of-way, relocations, and dredged material disposal areas and the costs of planning, design, and construction work provided by the non-Federal interest that exceed the non-Federal cost share for a study or project under this title may be applied toward the non-Federal cost share for any other study or project carried out under this title. ; and (3) by adding at the end the following: (g) Definition of study or project In this section, the term study or project includes any eligible activity that is— (1) carried out pursuant to the coastal Louisiana ecosystem science and technology program authorized under section 7006(a); and (2) in accordance with the restoration plan. . (b) Implementation Not later than 90 days after the date of enactment of this Act, the Secretary, in coordination with any relevant agencies of the State of Louisiana, shall establish a process by which to carry out the amendment made by subsection (a)(2). (c) Effective date The amendments made by subsection (a) take effect on November 8, 2007. 1020. Transfer of excess credit (a) In general Subject to subsection (b), the Secretary may apply credit for in-kind contributions provided by a non-Federal interest that are in excess of the required non-Federal cost share for a water resources development study or project toward the required non-Federal cost share for a different water resources development study or project. (b) Restrictions (1) In general Except for subsection (a)(4)(D)(i) of that section, the requirements of section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ) (as amended by section 1018(a)) shall apply to any credit under this section. (2) Conditions Credit in excess of the non-Federal share for a study or project may be approved under this section only if— (A) the non-Federal interest submits a comprehensive plan to the Secretary that identifies— (i) the studies and projects for which the non-Federal interest intends to provide in-kind contributions for credit that are in excess of the non-Federal cost share for the study or project; and (ii) the authorized studies and projects to which that excess credit would be applied; (B) the Secretary approves the comprehensive plan; and (C) the total amount of credit does not exceed the total non-Federal share for the studies and projects in the approved comprehensive plan. (c) Additional criteria In evaluating a request to apply credit in excess of the non-Federal share for a study or project toward a different study or project, the Secretary shall consider whether applying that credit will— (1) help to expedite the completion of a project or group of projects; (2) reduce costs to the Federal Government; and (3) aid the completion of a project that provides significant flood risk reduction or environmental benefits. (d) Termination of authority The authority provided in this section shall terminate 10 years after the date of enactment of this Act. (e) Report (1) Deadlines (A) In general Not later than 2 years after the date of enactment of this Act, and once every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available an interim report on the use of the authority under this section. (B) Final report Not later than 10 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a final report on the use of the authority under this section. (2) Inclusions The reports described in paragraph (1) shall include— (A) a description of the use of the authority under this section during the reporting period; (B) an assessment of the impact of the authority under this section on the time required to complete projects; and (C) an assessment of the impact of the authority under this section on other water resources projects. 1021. Crediting authority for federally authorized navigation projects A non-Federal interest may carry out operation and maintenance activities for an authorized navigation project, subject to the condition that the non-Federal interest complies with all Federal laws and regulations applicable to such operation and maintenance activities, and may receive credit for the costs incurred by the non-Federal interest in carrying out such activities towards the share of construction costs of that non-Federal interest for another element of the same project or another authorized navigation project, except that in no instance may such credit exceed 20 percent of the total costs associated with construction of the general navigation features of the project for which such credit may be applied pursuant to this section. 1022. Credit in lieu of reimbursement (a) Requests for credits With respect to an authorized flood damage reduction project, or separable element thereof, that has been constructed by a non-Federal interest under section 211 of the Water Resources Development Act of 1996 ( 33 U.S.C. 701b–13 ) before the date of enactment of this Act, the Secretary may provide to the non-Federal interest, at the request of the non-Federal interest, a credit in an amount equal to the estimated Federal share of the cost of the project or separable element, in lieu of providing to the non-Federal interest a reimbursement in that amount. (b) Application of credits At the request of the non-Federal interest, the Secretary may apply such credit to the share of the cost of the non-Federal interest of carrying out other flood damage reduction projects or studies. 1023. Additional contributions by non-Federal interests Section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 ) is amended— (1) by striking In order to insure and inserting (a) In general.— In order to insure ; and (2) by adding at the end the following: (b) Contributions by non-Federal interests Notwithstanding subsection (a), in accordance with section 5 of the Act of June 22, 1936 ( 33 U.S.C. 701h ), the Secretary may accept funds from a non-Federal interest for any authorized water resources development project that has exceeded its maximum cost under subsection (a), and use such funds to carry out such project, if the use of such funds does not increase the Federal share of the cost of such project. . 1024. Authority to accept and use materials and services (a) In general Subject to subsection (b), the Secretary is authorized to accept and use materials and services contributed by a non-Federal public entity, a nonprofit entity, or a private entity for the purpose of repairing, restoring, or replacing a water resources development project that has been damaged or destroyed as a result of an emergency if the Secretary determines that the acceptance and use of such materials and services is in the public interest. (b) Limitation Any entity that contributes materials or services under subsection (a) shall not be eligible for credit or reimbursement for the value of such materials or services. (c) Report Not later than 60 days after initiating an activity under this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes— (1) a description of the activities undertaken, including the costs associated with the activities; and (2) a comprehensive description of how the activities are necessary for maintaining a safe and reliable water resources project. 1025. Water resources projects on Federal land (a) In general Subject to subsection (b), the Secretary may carry out an authorized water resources development project on Federal land that is under the administrative jurisdiction of another Federal agency where the cost of the acquisition of such Federal land has been paid for by the non-Federal interest for the project. (b) MOU required The Secretary may carry out a project pursuant to subsection (a) only after the non-Federal interest has entered into a memorandum of understanding with the Federal agency that includes such terms and conditions as the Secretary determines to be necessary. (c) Applicability Nothing in this section alters any non-Federal cost-sharing requirements for the project. 1026. Clarification of impacts to other Federal facilities In any case where the modification or construction of a water resources development project carried out by the Secretary adversely impacts other Federal facilities, the Secretary may accept from other Federal agencies such funds as may be necessary to address the adverse impact, including by removing, relocating, or reconstructing those facilities. 1027. Clarification of munition disposal authorities (a) In general The Secretary may implement any response action the Secretary determines to be necessary at a site where— (1) the Secretary has carried out a project under civil works authority of the Secretary that includes placing sand on a beach; and (2) as a result of the project described in paragraph (1), military munitions that were originally released as a result of Department of Defense activities are deposited on the beach, posing a threat to human health or the environment. (b) Response action funding A response action described in subsection (a) shall be funded from amounts made available to the agency within the Department of Defense responsible for the original release of the munitions. 1028. Clarification of mitigation authority (a) In general The Secretary may carry out measures to improve fish species habitat within the boundaries and downstream of a water resources project constructed by the Secretary that includes a fish hatchery if the Secretary— (1) has been explicitly authorized to compensate for fish losses associated with the project; and (2) determines that the measures are— (A) feasible; (B) consistent with authorized project purposes and the fish hatchery; and (C) in the public interest. (b) Cost sharing (1) In general Subject to paragraph (2), the non-Federal interest shall contribute 35 percent of the total cost of carrying out activities under this section, including the costs relating to the provision or acquisition of required land, easements, rights-of-way, dredged material disposal areas, and relocations. (2) Operation and maintenance The non-Federal interest shall contribute 100 percent of the costs of operation, maintenance, replacement, repair, and rehabilitation of the measures carried out under this section. 1029. Clarification of interagency support authorities Section 234 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2323a ) is amended— (1) in subsection (a), by striking other Federal agencies, and inserting Federal departments or agencies, nongovernmental organizations, ; (2) in subsection (b), by inserting or foreign governments after organizations ; (3) in subsection (c), by inserting and restoration after protection ; and (4) in subsection (d)— (A) in the first sentence, by striking There is and inserting (1) In general .—There is ; and (B) in the second sentence— (i) by striking The Secretary and inserting (2) Acceptance of funds .—The Secretary ; and (ii) by striking other Federal agencies, and inserting Federal departments or agencies, nongovernmental organizations, . 1030. Continuing authority (a) Continuing authority programs (1) Definition of continuing authority program project In this subsection, the term continuing authority program means 1 of the following authorities: (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 Development Act of 1996 ( 33 U.S.C. 2330 ). (D) Section 1135 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2309a ). (E) Section 107 of the River and Harbor Act of 1960 ( 33 U.S.C. 577 ). (F) Section 3 of the Act of August 13, 1946 ( 33 U.S.C. 426g ). (G) Section 14 of the Flood Control Act of 1946 ( 33 U.S.C. 701r ). (H) Section 103 of the River and Harbor Act of 1962 ( Public Law 87–874 ; 76 Stat. 1178). (I) Section 204(e) of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326(e) ). (J) Section 208 of the Flood Control Act of 1958 ( 33 U.S.C. 701b–8a ). (K) Section 104(a) of the River and Harbor Act of 1958 ( 33 U.S.C. 610(a) ). (2) Prioritization Not later than 1 year after the date of enactment of this Act, the Secretary shall publish in the Federal Register and on a publicly available website, the criteria the Secretary uses for prioritizing annual funding for continuing authority program projects. (3) Annual report Not later than 1 year after the date of enactment of this Act and each year thereafter, the Secretary shall publish in the Federal Register and on a publicly available website, a report on the status of each continuing authority program, which, at a minimum, shall include— (A) the name and a short description of each active continuing authority program project; (B) the cost estimate to complete each active project; and (C) the funding available in that fiscal year for each continuing authority program. (4) Congressional notification On publication in the Federal Register under paragraphs (2) and (3), 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 copy of all information published under those paragraphs. (b) Small river and harbor improvement projects Section 107 of the River and Harbor Act of 1960 ( 33 U.S.C. 577 ) is amended— (1) in subsection (a), by striking $35,000,000 and inserting $50,000,000 ; and (2) in subsection (b), by striking $7,000,000 and inserting $10,000,000 . (c) Shore damage prevention or mitigation Section 111(c) of the River and Harbor Act of 1968 ( 33 U.S.C. 426i(c) ) is amended by striking $5,000,000 and inserting $10,000,000 . (d) Regional sediment management (1) In general Section 204 of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326 ) is amended— (A) in subsection (c)(1)(C), by striking $5,000,000 and inserting $10,000,000 ; and (B) in subsection (g), by striking $30,000,000 and inserting $50,000,000 . (2) Applicability Section 2037 of the Water Resources Development Act of 2007 (121 Stat. 1094) is amended by adding at the end the following: (c) Applicability The amendment made by subsection (a) shall not apply to any project authorized under this Act if a report of the Chief of Engineers for the project was completed prior to the date of enactment of this Act. . (e) Small flood control projects Section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s ) is amended in the third sentence by striking $7,000,000 and inserting $10,000,000 . (f) Project modifications for improvement of environment Section 1135(d) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2309a(d) ) is amended— (1) in the second sentence, by striking Not more than 80 percent of the non-Federal share may be and inserting The non-Federal share may be provided ; and (2) in the third sentence, by striking $5,000,000 and inserting $10,000,000 . (g) Aquatic ecosystem restoration Section 206(d) of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330(d) ) is amended by striking $5,000,000 and inserting $10,000,000 . (h) Floodplain management services Section 206(d) of the Flood Control Act of 1960 ( 33 U.S.C. 709a(d) ) is amended by striking $15,000,000 and inserting $50,000,000 . (i) Emergency streambank and shoreline protection Section 14 of the Flood Control Act of 1946 ( 33 U.S.C. 701r ) is amended— (1) by striking $15,000,000 and inserting $20,000,000 ; and (2) by striking $1,500,000 and inserting $5,000,000 . 1031. Tribal partnership program (a) In general Section 203 of the Water Resources Development Act of 2000 ( 33 U.S.C. 2269 ) is amended— (1) in subsection (d)(1)(B)— (A) by striking The ability and inserting the following: (i) In general The ability ; and (B) by adding at the end the following: (ii) Determination Not later than 180 days after the date of enactment of this clause, the Secretary shall issue guidance on the procedures described in clause (i). ; and (2) by striking subsection (e) and inserting the following: (e) Restrictions The Secretary is authorized to carry out activities under this section for fiscal years 2015 through 2024. . (b) Cooperative agreements with Indian tribes The Secretary may enter into a cooperative agreement with an Indian tribe (or a designated representative of an Indian tribe) to carry out authorized activities of the Corps of Engineers to protect fish, wildlife, water quality, and cultural resources. 1032. Territories of the United States Section 1156 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2310 ) is amended— (1) by striking The Secretary shall waive and inserting (a) In general .—The Secretary shall waive ; (2) in subsection (a) (as so designated), by inserting Puerto Rico, before and the Trust Territory of the Pacific Islands ; and (3) by adding at the end the following: (b) Inflation adjustment The Secretary shall adjust the dollar amount specified in subsection (a) for inflation for the period beginning on November 17, 1986, and ending on the date of enactment of this subsection. . 1033. Corrosion prevention (a) In general To the greatest extent practicable, the Secretary shall encourage and incorporate corrosion prevention activities at water resources development projects. (b) Activities In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall ensure that contractors performing work for water resources development projects— (1) use best practices to carry out corrosion prevention activities in the field; (2) use industry-recognized standards and corrosion mitigation and prevention methods when— (A) determining protective coatings; (B) selecting materials; and (C) determining methods of cathodic protection, design, and engineering for corrosion prevention; (3) use certified coating application specialists and cathodic protection technicians and engineers; (4) use best practices in environmental protection to prevent environmental degradation and to ensure careful handling of all hazardous materials; (5) demonstrate a history of employing industry-certified inspectors to ensure adherence to best practices and standards; and (6) demonstrate a history of compliance with applicable requirements of the Occupational Safety and Health Administration. (c) Corrosion prevention activities defined In this section, the term corrosion prevention activities means— (1) the application and inspection of protective coatings for complex work involving steel and cementitious structures, including structures that will be exposed in immersion; (2) the installation, testing, and inspection of cathodic protection systems; and (3) any other activities related to corrosion prevention the Secretary determines appropriate. 1034. Advanced modeling technologies (a) In general To the greatest extent practicable, the Secretary shall encourage and incorporate advanced modeling technologies, including 3-dimensional digital modeling, that can expedite project delivery or improve the evaluation of water resources development projects that receive Federal funding by— (1) accelerating and improving the environmental review process; (2) increasing effective public participation; (3) enhancing the detail and accuracy of project designs; (4) increasing safety; (5) accelerating construction and reducing construction costs; or (6) otherwise achieving the purposes described in paragraphs (1) through (5). (b) Activities In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall— (1) compile information related to advanced modeling technologies, including industry best practices with respect to the use of the technologies; (2) disseminate to non-Federal interests the information described in paragraph (1); and (3) promote the use of advanced modeling technologies. 1035. Recreational access (a) Definition of floating cabin In this section, the term floating cabin means a vessel (as defined in section 3 of title 1, United States Code) that has overnight accommodations. (b) Recreational access The Secretary shall allow the use of a floating cabin on waters under the jurisdiction of the Secretary in the Cumberland River basin if— (1) the floating cabin— (A) is in compliance with regulations for recreational vessels issued under chapter 43 of title 46, United States Code, and section 312 of the Federal Water Pollution Control Act ( 33 U.S.C. 1322 ); (B) is located at a marina leased by the Corps of Engineers; and (C) is maintained by the owner to required health and safety standards; and (2) the Secretary has authorized the use of recreational vessels on such waters. 1036. Non-Federal plans to provide additional flood risk reduction (a) In general If requested by a non-Federal interest, the Secretary shall carry out a locally preferred plan that provides a higher level of protection than a flood risk management project authorized under this Act if the Secretary determines that— (1) the plan is technically feasible and environmentally acceptable; and (2) the benefits of the plan exceed the costs of the plan. (b) Non-Federal cost share If the Secretary carries out a locally preferred plan under subsection (a), the Federal share of the cost of the project shall be not greater than the share as provided by law for elements of the national economic development plan. 1037. Hurricane and storm damage reduction (a) In general Section 156 of the Water Resources Development Act of 1976 ( 42 U.S.C. 1962d–5f ) is amended— (1) by striking The Secretary and inserting the following: (a) In general The Secretary ; and (2) by adding at the end the following: (b) Review Notwithstanding subsection (a), the Secretary shall, at the request of the non-Federal interest, carry out a study to determine the feasibility of extending the period of nourishment described in subsection (a) for a period not to exceed 15 additional years beyond the maximum period described in subsection (a). (c) Plan for reducing risk to people and property (1) In general As part of the review described in subsection (b), the non-Federal interest shall submit to the Secretary a plan for reducing risk to people and property during the life of the project. (2) Inclusion of plan in recommendation to congress The Secretary shall include the plan described in subsection (a) in the recommendations to Congress described in subsection (d). (d) Report to congress Upon completion of the review described in subsection (b), the Secretary shall— (1) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives any recommendations of the Secretary related to the review; and (2) include in the subsequent annual report to Congress required under section 7001 of the Water Resources Reform and Development Act of 2014 , any recommendations that require specific congressional authorization. (e) Special rule Notwithstanding any other provision of this section, for any existing authorized water resources development project for which the maximum period for nourishment described in subsection (a) will expire within the 5 year-period beginning on the date of enactment of the Water Resources Reform and Development Act of 2014 , that project shall remain eligible for nourishment for an additional 3 years after the expiration of such period. . (b) Review of authorized periodic nourishment authority (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall initiate a review of all authorized water resources development projects for which the Secretary is authorized to provide periodic nourishment under section 156 of the Water Resources Development Act of 1976 ( 42 U.S.C. 1962d–5f ). (2) Scope of review In carrying out the review under paragraph (1), the Secretary shall assess the Federal costs associated with that nourishment authority and the projected benefits of each project. (3) Report to congress Upon completion of the review under paragraph (1), the Secretary shall issue 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 that review, including any proposed changes the Secretary may recommend to the nourishment authority. 1038. Reduction of Federal costs for hurricane and storm damage reduction projects Section 204 of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326 ) (as amended by section 1030(d)(1)) is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting or used in after obtained through ; (B) in paragraph (3)(C), by inserting for the purposes of improving environmental conditions in marsh and littoral systems, stabilizing stream channels, enhancing shorelines, and supporting State and local risk management adaptation strategies before the period at the end; and (C) by adding at the end the following: (4) Reducing costs To reduce or avoid Federal costs, the Secretary shall consider the beneficial use of dredged material in a manner that contributes to the maintenance of sediment resources in the nearby coastal system. ; (2) in subsection (d)— (A) by striking the subsection designation and heading and inserting the following: (d) Selection of Dredged Material Disposal Method for Purposes Related to Environmental Restoration or Storm Damage and Flood Reduction ; and (B) in paragraph (1), by striking in relation to and all that follows through the period at the end and inserting “in relation to— (A) the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetlands and control of shoreline erosion; or (B) the flood and storm damage and flood reduction benefits, including shoreline protection, protection against loss of life, and damage to improved property. ; and (3) in subsection (e), by striking paragraph (1) and inserting the following: (1) cooperate with any State or group of States in the preparation of a comprehensive State or regional sediment management plan within the boundaries of the State or among States; . 1039. Invasive species (a) Aquatic species review (1) Review of authorities The Secretary, in consultation with the Director of the United States Fish and Wildlife Service, the Chairman of the Tennessee Valley Authority, and other applicable heads of Federal agencies, shall— (A) carry out a review of existing Federal authorities relating to responding to invasive species, including aquatic weeds, aquatic snails, and other aquatic invasive species, that have an impact on water resources; and (B) based on the review under subparagraph (A), make any recommendations to Congress and applicable State agencies for improving Federal and State laws to more effectively respond to the threats posed by those invasive species. (2) Federal investment (A) Assessment The Comptroller General of the United States shall conduct an assessment of the Federal costs of, and spending on, aquatic invasive species. (B) Contents The assessment conducted under subparagraph (A) shall include— (i) identification of current Federal spending on, and projected future Federal costs of, operation and maintenance related to mitigating the impacts of aquatic invasive species on federally owned or operated facilities; (ii) identification of current Federal spending on aquatic invasive species prevention; (iii) analysis of whether spending identified in clause (ii) is adequate for the maintenance and protection of services provided by federally owned or operated facilities, based on the current spending and projected future costs identified in clause (i); and (iv) review of any other aspect of aquatic invasive species prevention or mitigation determined appropriate by the Comptroller General. (C) Findings Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Environment and Public Works and the Committee on Energy and Natural Resources of the Senate and the Committee on Transportation and Infrastructure and the Committee on Natural Resources of the House of Representatives a report containing the findings of the assessment conducted under subparagraph (A). (b) Aquatic invasive species prevention (1) Multiagency effort To slow the spread of Asian Carp in the Upper Mississippi and Ohio River basins and tributaries (A) In general The Director of the United States Fish and Wildlife Service, in coordination with the Secretary, the Director of the National Park Service, and the Director of the United States Geological Survey, shall lead a multiagency effort to slow the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries by providing technical assistance, coordination, best practices, and support to State and local governments in carrying out activities designed to slow, and eventually eliminate, the threat posed by Asian carp. (B) Best practices To the maximum extent practicable, the multiagency effort shall apply lessons learned and best practices such as those described in the document prepared by the Asian Carp Working Group entitled Management and Control Plan for Bighead, Black, Grass, and Silver Carps in the United States and dated November 2007, and the document prepared by the Asian Carp Regional Coordinating Committee entitled FY 2012 Asian Carp Control Strategy Framework and dated February 2012. (2) Report to Congress (A) In general Not later than December 31 of each year, the Director of the United States Fish and Wildlife Service, in coordination with the Secretary, shall submit to the Committee on Appropriations and the Committee on Environment and Public Works of the Senate and the Committee on Appropriations, the Committee on Natural Resources, and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report describing the coordinated strategies established and progress made toward the goals of controlling and eliminating Asian carp in the Upper Mississippi and Ohio River basins and tributaries. (B) Contents Each report submitted under subparagraph (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 control 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-Federal 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 dispersing into the Great Lakes by way of any hydrologic connection between the Great Lakes and the Mississippi River Basin. (2) Notifications The Secretary shall notify the Committees on Environment and Public Works and Appropriations of the Senate and the Committees on Transportation and Infrastructure 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 (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 Secretary 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. . 1040. Fish and wildlife mitigation (a) In general Section 906 of the Water Resources Development 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 following: If the Secretary determines that mitigation to in-kind conditions is not possible, the Secretary shall identify in the report the basis for that determination and the mitigation measures that will be implemented to meet the 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) ). ; (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 minimum, after complies with ; and (ii) in subparagraph (B)— (I) by striking clause (iii); (II) by redesignating clauses (iv) and (v) as clauses (v) and (vi), 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 programmatic 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 maximum 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. (4) Scope A programmatic mitigation plan developed by the Secretary or an entity described in paragraph (3) to address potential impacts of existing or future water resources development projects shall, to the maximum extent practicable— (A) be developed on a regional, ecosystem, watershed, or statewide scale; (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 determined by the Secretary or an entity described in paragraph (3), as appropriate, in consultation with the agency with jurisdiction 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 protocols that involve monitoring predicted impacts over time and adjusting mitigation measures in response to information 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 environmental mitigation plan for use under this subsection, the Secretary 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 (B) for a plan developed under paragraph (3), determine, 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 permitting 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 recommendations 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 mitigation 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 mitigation 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, programs, 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, contributions 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. (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 payments 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 subsection will support the establishment of mitigation instruments that will result in restoration of high-priority areas identified in the plans under paragraph (2). 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 qualitative and quantitative status for all projects in the report; and (C) provide specific dates for participation in the consultations required under section 906(d)(4)(B) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2283(d)(4)(B) ). . 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 (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 paragraph (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. 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, hurricane and storm damage reduction, aquatic ecosystem restoration, 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 alternatives to the existing feasibility study process; (B) to evaluate the technical, financial, and organizational efficiencies of a non-Federal interest carrying out a feasibility study of 1 or more projects; and (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 navigation; 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 conditions that— (I) non-Federal funds were used to carry out the activities that would have been the responsibility of the Secretary; (II) the Secretary determines that the feasibility study complies with all 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 agreement 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 responsibilities of the Corps of Engineers relating to the project and pilot program; and (II) additional amounts, as determined by the Secretary, from amounts made available under paragraph (8), except that the total amount transferred to the non-Federal interest shall not exceed the updated estimate of the Federal share of the cost of the feasibility study. (ii) Administration The Secretary shall include such provisions as the Secretary determines to be necessary 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 administer 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 subparagraph (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 compensates 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 Infrastructure of the House of Representatives and make publicly 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 concerning 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 Infrastructure 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 submission 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 commence 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 program under this subsection, including the costs of administration 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 damage 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 alternatives that reduce the backlog of authorized Corps of Engineers projects; (B) to evaluate the technical, financial, and organizational 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 damage reduction (including levees, floodwalls, flood control channels, and water control structures), coastal harbor and channels, inland navigation, and aquatic ecosystem restoration that have been authorized for construction prior to the date of enactment of this Act, including— (I) not more than 12 projects that— (aa) (AA) have received Federal funds prior to the date of enactment of this Act; or (BB) for more than 2 consecutive fiscal years, have an unobligated funding balance for that project in the Corps of Engineers construction account; and (bb) to the maximum extent practicable, are located in each of the divisions of the Corps of Engineers; and (II) not more than 3 projects that have not received Federal funds in the period beginning on the date on which the project was authorized and ending on the date of enactment of this Act; (ii) notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the identification of each project under the pilot program; (iii) in collaboration with the non-Federal interest, develop a detailed project management plan for each identified project that outlines the scope, budget, design, and construction resource requirements necessary for the non-Federal interest to execute the project, or a separable element of the project; (iv) on the request of the non-Federal interest, enter into a project partnership agreement with the non-Federal interest for the non-Federal interest to provide full project management control for construction of the project, or a separable element of the project, in accordance with plans approved by the Secretary; (v) following execution of the project partnership agreement, transfer to the non-Federal interest to carry out construction of the project, or a separable element of the project— (I) if applicable, the balance of the unobligated amounts appropriated for the project, except that the Secretary shall retain sufficient amounts for the Corps of Engineers to carry out any responsibilities of the Corps of Engineers relating to the project and pilot program; and (II) additional amounts, as determined by the Secretary, from amounts made available under paragraph (8), except that the total amount transferred to the non-Federal interest shall not exceed the updated estimate of the Federal share of the cost of construction, including any required design; and (vi) regularly monitor and audit each project being constructed by a non-Federal interest under this section to ensure that the construction activities are carried out in compliance with the plans approved by the Secretary and that the construction costs are reasonable. (B) Detailed project schedule Not later than 180 days after entering into an agreement under subparagraph (A)(iv), each non-Federal interest, to the maximum extent practicable, shall submit to the Secretary a detailed project 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 Infrastructure of the House of Representatives and make publicly 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 concerning 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 Infrastructure 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 submission 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 commence 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 to be appropriated to the Secretary to carry out the pilot program under this subsection, including the costs of administration of the Secretary, $25,000,000 for each of fiscal years 2015 through 2019. 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 Representatives 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 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 Infrastructure 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 . 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 Federal 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 generation, navigation, flood protection, water supply, fish and wildlife, 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). 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 reservoirs 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 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 Engineers 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 policies 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 operations, that— (AA) complies with the polices and requirements of applicable law and regulations; (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 activities 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 amendment to a multistate water control plan, including the Missouri River Master Water Control Manual (as in effect on the date of enactment of this Act); (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 Congress 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 operations 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 Secretary may enter into interagency agreements with other Federal 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. (b) Improving planning and administration of water supply storage (1) In general For each water supply feature of a reservoir 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-Federal 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 activities 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 designated 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 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 subparagraph (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 contracted to the State or local interest on the date of enactment of this paragraph. (2) Future water storage For water resource development projects managed by the Secretary, a State or local interest that the Secretary determines has complied with paragraph (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 authorizes the Secretary to release a State or local interest from a contractual obligation unless specifically authorized by Congress. . 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. (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 appropriation, 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 Secretary 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 agreement under paragraph (1) goods and services to be used by the Secretary and the State or local government in the cooperative 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 recreation 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 development 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, 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 . 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. 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 gallons 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 regulations); 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 Countermeasure rule means the regulation, including amendments, promulgated by the Administrator under part 112 of title 40, Code of Federal Regulations (or successor regulations). (b) Certification In implementing the Spill Prevention, Control, 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 subsection (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 subsection (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 aboveground 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 Agriculture, shall promulgate a rule to adjust the exemption levels described in paragraphs (2) and (3) of subsection (b) in accordance with the study. 1050. Namings (a) Donald G. Waldon Lock and Dam It is the sense of Congress that, at an appropriate time and in accordance with the rules of the Senate and the House of Representatives, to recognize the contributions of Donald G. Waldon, whose selfless determination 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 Waterway 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 Mississippi 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 . 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 concerns 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, agricultural uses, economic development, and other appropriate concerns. To that end, the Committees of jurisdiction strongly urge the Governors of the affected States to reach agreement on an interstate water compact as soon as possible, and we pledge our commitment to work with the affected States to ensure prompt consideration and approval of any such agreement. Absent such action, the Committees of jurisdiction should consider appropriate legislation to address these matters including any necessary clarifications to the Water Supply Act of 1958 or other law. This subsection does not alter existing rights or obligations under law. . (b) Sense of Congress regarding interstate water agreements and compacts (1) Findings Congress finds the following: (A) States and local interests have primary responsibility 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 compacts 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. 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. II Navigation A Inland waterways 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 waterways that is— (A) authorized before, on, or after the date of enactment of this Act; (B) not completed on the date of enactment of this Act; and (C) funded at least in part from the Inland Waterways Trust Fund. 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 management training and certification; and (B) the project manager be assigned from among personnel 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 feasibility 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 qualifying projects to improve the likelihood of on-time and on-budget completion of qualifying projects; (2) evaluate early contractor involvement acquisition procedures 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 Secretary 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 qualifying projects; (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 procedures 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 recommendations 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 recommendations 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 features and components; (D) not later than 60 days after the date of the submission 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. (4) Independent judgment Any advice or recommendation made by the Users Board to the Secretary shall reflect the independent judgment of the Users Board. ; (2) by striking subsection (c) and inserting the following: (c) Duties of Secretary The Secretary shall— (1) communicate not less frequently than once each quarter to the Users Board the status of the study, design, or construction of all commercial navigation features or components of the inland waterways or inland harbors of the United States; and (2) submit to the Users Board a courtesy copy of all completed feasibility reports relating to a commercial navigation feature or component of the inland waterways or inland harbors of the United States. (d) Capital investment program (1) In general Not later than 1 year after the date of enactment of this subsection, the Secretary, in coordination with the Users Board, shall develop and submit to Congress a report describing a 20-year program for making capital investments on the inland and intracoastal waterways based on the application of objective, national project selection prioritization criteria. (2) Consideration In developing the program under paragraph (1), the Secretary shall take into consideration the 20-year capital investment strategy contained in the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Users Board. (3) Criteria In developing the plan and prioritization criteria under paragraph (1), the Secretary shall ensure, to the maximum extent practicable, that investments made under the 20-year program described in paragraph (1)— (A) are made in all geographical areas of the inland waterways system; and (B) ensure efficient funding of inland waterways projects. (4) Strategic review and update Not later than 5 years after the date of enactment of this subsection, and not less frequently than once every 5 years thereafter, the Secretary, in coordination with the Users Board, shall— (A) submit to Congress and make publicly available a strategic review of the 20-year program in effect under this subsection, which shall identify and explain any changes to the project-specific recommendations contained in the previous 20-year program (including any changes to the prioritization criteria used to develop the updated recommendations); and (B) make revisions to the program, as appropriate. (e) Project management plans The chairperson of the Users Board and the project development team member appointed by the chairperson under subsection (b)(3) may sign the project management plan for the 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. (f) Administration (1) In general The Users Board shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.), other than section 14, and, with the consent of the appropriate agency head, the Users Board may use the facilities and services of any Federal agency. (2) Members not considered special government employees For the purposes of complying with the Federal Advisory Committee Act (5 U.S.C. App.), the members of the Users Board shall not be considered special Government employees (as defined in section 202 of title 18, United States Code). (3) Travel expenses Non-Federal members of the Users Board while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. . 2003. Efficiency of revenue collection Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall prepare a report on the efficiency of collecting the fuel tax for the Inland Waterways Trust Fund, which shall include— (1) an evaluation of whether current methods of collection of the fuel tax result in full compliance with requirements of the law; (2) whether alternative methods of collection would result in increased revenues into the Inland Waterways Trust Fund; and (3) an evaluation of alternative collection options. 2004. Inland waterways revenue studies (a) Inland waterways construction bonds study (1) Study The Secretary, in coordination with the heads of appropriate Federal agencies, shall conduct a study on the potential benefits and implications of authorizing the issuance of federally tax-exempt bonds secured against the available proceeds, including projected annual receipts, in the Inland Waterways Trust Fund established by section 9506(a) of the Internal Revenue Code of 1986. (2) Contents In carrying out the study, the Secretary shall examine the implications of issuing such bonds, including the potential revenues that could be generated and the projected net cost to the Treasury, including loss of potential revenue. (3) Consultation In carrying out the study, the Secretary, at a minimum, shall consult with— (A) representatives of the Inland Waterway Users Board established by section 302 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2251 ); (B) representatives of the commodities and bulk cargos that are currently shipped for commercial purposes on the segments of the inland and intracoastal waterways listed in section 206 of the Inland Waterways Revenue Act of 1978 ( 33 U.S.C. 1804 ); (C) representatives of other users of locks and dams on the inland and intracoastal waterways, including persons owning, operating, using, or otherwise benefitting from— (i) hydropower generation facilities; (ii) electric utilities that rely on the waterways for cooling of existing electricity generation facilities; (iii) municipal and industrial water supply; (iv) recreation; (v) irrigation water supply; or (vi) flood damage reduction; and (D) other stakeholders associated with the inland and intracoastal waterways, as identified by the Secretary. (4) Report to Congress (A) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works, the Committee on Finance, and the Committee on the Budget of the Senate and the Committee on Transportation and Infrastructure, the Committee on Ways and Means, and the Committee on the Budget of the House of Representatives, and make publicly available, a report on the results of the study. (B) Identification of issues As part of the report, the Secretary shall identify any potential benefits or other implications of the issuance of bonds described in subsection (a)(1), including any potential changes in Federal or State law that may be necessary to provide such benefits or to address such implications. (b) Potential revenue sources for inland and intracoastal waterways infrastructure (1) In general The Secretary shall conduct a study and submit to Congress a report on potential revenue sources from which funds could be collected to generate additional revenues for the Inland Waterways Trust Fund established by section 9506(a) of the Internal Revenue Code of 1986. (2) Scope of study (A) In general In carrying out the study, the Secretary shall evaluate an array of potential revenue sources from which funds could be collected in amounts that, when combined with funds generated by section 4042 of the Internal Revenue Code of 1986, are sufficient to support one-half of annual construction expenditure levels of $380,000,000 for the authorized purposes of the Inland Waterways Trust Fund. (B) Potential revenue sources for study In carrying out the study, the Secretary, at a minimum, shall— (i) evaluate potential revenue sources identified in and documented by known authorities of the Inland Waterways System; and (ii) review appropriate reports and associated literature related to revenue sources. (3) Conduct of study In carrying out the study, the Secretary shall— (A) take into consideration whether the potential revenues from other sources— (i) are equitably associated with the construction, operation, and maintenance of inland and intracoastal waterway infrastructure, including locks, dams, and navigation channels; and (ii) can be efficiently collected; (B) consult with, at a minimum— (i) representatives of the Inland Waterways Users Board; and (ii) representatives of other nonnavigation beneficiaries of inland and intracoastal waterway infrastructure, including persons benefitting from— (I) municipal water supply; (II) hydropower; (III) recreation; (IV) industrial water supply; (V) flood damage reduction; (VI) agricultural water supply; (VII) environmental restoration; (VIII) local and regional economic development; or (IX) local real estate interests; and (iii) representatives of other interests, as identified by the Secretary; and (C) provide the opportunity for public hearings in each of the geographic regions that contain segments of the inland and intracoastal waterways listed in section 206 of the Inland Waterways Revenue Act of 1978 ( 33 U.S.C. 1804 ). (4) Report to Congress Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works, the Committee on Finance, and the Committee on the Budget of the Senate and the Committee on Transportation and Infrastructure, the Committee on Ways and Means, and the Committee on the Budget of the House of Representatives, and make publicly available, a report on the results of the study. 2005. Inland waterways stakeholder roundtable (a) In general The Secretary shall conduct an inland waterways stakeholder roundtable to provide for a review and evaluation of issues related to financial management of the inland and intracoastal waterways. (b) Selection of participants (1) In general Not later than 45 days after the date on which the Secretary submits to Congress the report required by section 2004(b), the Secretary, in consultation with the Inland Waterways Users Board, shall select individuals to be invited to participate in the stakeholder roundtable. (2) Composition The individuals selected under paragraph (1) shall include— (A) representatives of the primary users, shippers, and suppliers utilizing the inland and intracoastal waterways for commercial purposes; (B) representatives of State and Federal agencies having a direct and substantial interest in the commercial use of the inland and intracoastal waterways; (C) representatives of other nonnavigation beneficiaries of the inland and intracoastal waterways infrastructure, including individuals benefitting from— (i) municipal water supply; (ii) hydropower; (iii) recreation; (iv) industrial water supply; (v) flood damage reduction; (vi) agricultural water supply; (vii) environmental restoration; (viii) local and regional economic development; or (ix) local real estate interests; and (D) other interested individuals with significant financial and engineering expertise and direct knowledge of the inland and coastal waterways. (c) Framework and agenda The Secretary shall work with a group of the individuals selected under subsection (b) to develop the framework and agenda for the stakeholder roundtable. (d) Conduct of stakeholder roundtable (1) In general Not later than 120 days after the date on which the Secretary submits to Congress the report required by section 2004(b), the Secretary shall conduct the stakeholder roundtable. (2) Issues to be discussed The stakeholder roundtable shall provide for the review and evaluation described in subsection (a) and shall include the following: (A) An evaluation of any recommendations that have been developed to address funding options for the inland and coastal waterways, including any recommendations in the report required under section 2004(b). (B) An evaluation of the funding status of the inland and coastal waterways. (C) Identification and evaluation of the ongoing and projected water infrastructure needs of the inland and coastal waterways. (D) Identification of a process for meeting such needs, with timeline for addressing the funding challenges for the Inland Waterways Trust Fund. (e) Report to Congress Not later than 180 days after the date on which the Secretary submits to Congress the report required by section 2004(b), the Secretary shall submit to Congress and make publicly available a report that contains— (1) a summary of the stakeholder roundtable, including areas of concurrence on funding approaches and areas of disagreement in meeting funding needs; and (2) recommendations developed by the Secretary for next steps to address the issues discussed at the stakeholder roundtable. 2006. Preserving the Inland Waterway Trust Fund (a) Olmsted project reform (1) Definition of Olmsted Project In this subsection, the term Olmsted Project means the project for navigation, Lower Ohio River, Locks and Dams 52 and 53, Illinois and Kentucky, authorized by section 3(a)(6) of the Water Resources Development Act of 1988 (102 Stat. 4013). (2) Olmsted Project reform Notwithstanding section 3(a)(6) of the Water Resources Development Act of 1988 (102 Stat. 4013), for each fiscal year beginning after September 30, 2014, 15 percent of the cost of construction for the Olmsted Project shall be paid from amounts appropriated from the Inland Waterways Trust Fund. (3) Sense of Congress It is the sense of Congress that the appropriation for the Olmsted Project should be not less than $150,000,000 for each fiscal year until construction of the project is completed. (4) Rehabilitation of projects Section 205(1)(E)(ii) of the Water Resources Development Act of 1992 ( 33 U.S.C. 2327(1)(E)(ii) ) is amended by striking $8,000,000 and inserting $20,000,000 . 2007. Inland waterways oversight (a) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report regarding the lessons learned from the experience of planning and constructing the Olmsted Project and how such lessons might apply to future inland waterway studies and projects. (b) Annual financial review For any inland waterways project that the Secretary carries out that has an estimated total cost of $500,000,000 or more, the Secretary shall submit to the congressional committees referred to in subsection (a) an annual financial plan for the project. The plan shall be based on detailed annual estimates of the cost to complete the remaining elements of the project and on reasonable assumptions, as determined by the Secretary, of any future increases of the cost to complete the project. (c) Government Accountability Office report As soon as practicable after the date of enactment of this Act, the Comptroller General of the United States shall conduct, and submit to Congress a report describing the results of, a study to determine why, and to what extent, the project for navigation, Lower Ohio River, Locks and Dams 52 and 53, Illinois and Kentucky (commonly known as the Olmsted Locks and Dam project ), authorized by section 3(a)(6) of the Water Resources Development Act of 1988 (102 Stat. 4013), has exceeded the budget for the project and the reasons why the project failed to be completed as scheduled, including an assessment of— (1) engineering methods used for the project; (2) the management of the project; (3) contracting for the project; (4) the cost to the United States of benefits foregone due to project delays; and (5) such other contributory factors as the Comptroller General determines to be appropriate. 2008. Assessment of operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway (a) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall assess the operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway. (b) Types of activities In carrying out subsection (a), the Secretary shall assess the operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway as used for the following purposes: (1) Commercial navigation. (2) Commercial fishing. (3) Subsistence, including utilization by Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )) for subsistence and ceremonial purposes. (4) Use as ingress and egress to harbors of refuge. (5) Transportation of persons. (6) Purposes relating to domestic energy production, including fabrication, servicing, and supply of domestic offshore energy production facilities. (7) Activities of the Secretary of the department in which the Coast Guard is operating. (8) Public health and safety related equipment for responding to coastal and inland emergencies. (9) Recreation purposes. (10) Any other authorized purpose. (c) Report to Congress For fiscal year 2015, and biennially thereafter, in conjunction with the annual budget submission by the President to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that, with respect to the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway— (1) identifies the operation and maintenance costs required to achieve the authorized length, width, and depth; (2) identifies the amount of funding requested in the President’s budget for operation and maintenance costs; and (3) identifies the unmet operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway. 2009. Inland waterways riverbank stabilization (a) In general Not later than 1 year after the date of enactment of this Act, and biennially thereafter, the Secretary shall conduct a study to determine the feasibility of— (1) carrying out projects for the inland and intracoastal waterways for purposes of— (A) flood damage reduction; (B) emergency streambank and shoreline protection; and (C) prevention and mitigation of shore damages attributable to navigation improvements; and (2) modifying projects for the inland and intracoastal waterways for the purpose of improving the quality of the environment. (b) Recommendations In conducting the study, the Secretary shall develop specific project recommendations and prioritize those recommendations based on— (1) the extent of damage and land loss resulting from riverbank erosion; (2) the rate of erosion; (3) the significant threat of future flood risk to public property, public infrastructure, or public safety; (4) the destruction of natural resources or habitats; and (5) the potential cost savings for maintenance of the channel. (c) Disposition The Secretary may carry out any project identified in the study conducted pursuant to subsection (a) in accordance with the criteria for projects carried out under one of the following authorities: (1) Section 14 of the Flood Control Act of 1946 ( 33 U.S.C. 701r ). (2) Section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s ). (3) Section 111 of the River and Harbor Act of 1968 ( 33 U.S.C. 426i ). (4) Section 1135 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2309a ). (d) Annual report For a project recommended pursuant to the study that cannot be carried out under any of the authorities specified in subsection (c), upon a determination by the Secretary of the feasibility of the project, the Secretary may include a recommendation concerning the project in the annual report submitted to Congress under section 7001. 2010. Upper Mississippi River protection (a) Definition of Upper St. Anthony Falls Lock and Dam In this section, the term Upper St. Anthony Falls Lock and Dam means the lock and dam located on Mississippi River Mile 853.9 in Minneapolis, Minnesota. (b) Mandatory Closure Not later than 1 year after the date of enactment of this Act, the Secretary shall close the Upper St. Anthony Falls Lock and Dam. (c) Emergency operations Nothing in this section prevents the Secretary from carrying out emergency lock operations necessary to mitigate flood damage. 2011. Corps of Engineers lock and dam energy development Section 1117 of the Water Resources Development Act of 1986 (100 Stat. 4236) is amended to read as follows: 1117. W.D. Mayo Lock and Dam (a) In General The Cherokee Nation of Oklahoma may— (1) design and construct one or more hydroelectric generating facilities at the W.D. Mayo Lock and Dam on the Arkansas River, Oklahoma; and (2) market the electricity generated from any such facility. (b) Preconstruction Requirements (1) Permits Before the date on which construction of a hydroelectric generating facility begins under subsection (a), the Cherokee Nation shall obtain any permit required under Federal or State law, except that the Cherokee Nation shall be exempt from licensing requirements that may otherwise apply to construction, operation, or maintenance of the facility under the Federal Power Act ( 16 U.S.C. 791a et seq. ). (2) Review of plans and specifications The Cherokee Nation may initiate the design or construction of a hydroelectric generating facility under subsection (a) only after the Secretary reviews and approves the plans and specifications for the design and construction. (c) Payment of design and construction costs (1) In general The Secretary may accept funds offered by the Cherokee Nation and use such funds to carry out the design and construction of a hydroelectric generating facility under subsection (a). (2) Allocation of costs The Cherokee Nation shall— (A) bear all costs associated with the design and construction of a hydroelectric generating facility under subsection (a); and (B) provide any funds necessary for the design and construction to the Secretary prior to the Secretary initiating any activities related to the design and construction. (d) Assumption of liability The Cherokee Nation shall— (1) hold all title to a hydroelectric generating facility constructed under subsection (a) and may, subject to the approval of the Secretary, assign such title to a third party; (2) be solely responsible for— (A) the operation, maintenance, repair, replacement, and rehabilitation of the facility; and (B) the marketing of the electricity generated by the facility; and (3) release and indemnify the United States from any claims, causes of action, or liabilities that may arise out of any activity undertaken to carry out this section. (e) Assistance available The Secretary may provide technical and construction management assistance requested by the Cherokee Nation relating to the design and construction of a hydroelectric generating facility under subsection (a). (f) Third party agreements The Cherokee Nation may enter into agreements with the Secretary or a third party that the Cherokee Nation or the Secretary determines are necessary to carry out this section. . 2012. Restricted areas at Corps of Engineers dams Section 2 of the Freedom to Fish Act (127 Stat. 449) is amended— (1) in subsection (b)(1) by striking 2 years after the date of enactment of this Act and inserting 4 years after the date of enactment of the Water Resources Reform and Development Act of 2014 ; (2) in the heading of subsection (c) by inserting or Modified after New ; and (3) in subsection (c)— (A) in matter preceding paragraph (1) by inserting new or modified after establishes any ; and (B) in paragraph (3) by striking 2 years after the date of enactment of this Act and inserting 4 years after the date of enactment of the Water Resources Reform and Development Act of 2014 . 2013. Operation and maintenance of fuel taxed inland waterways Section 102 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2212 ) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: (c) Floodgates on the inland waterways (1) Operation and maintenance carried out by the Secretary Notwithstanding any other provision of law, the Secretary shall be responsible for the operation and maintenance, including repair, of any flood gate, as well as any pumping station constructed within the channel as a single unit with that flood gate, that— (A) was constructed as of the date of enactment of the Water Resources Reform and Development Act of 2014 as a feature of an authorized hurricane and storm damage reduction project; and (B) crosses an inland or intracoastal waterway described in section 206 of the Inland Waterways Revenue Act of 1978 ( 33 U.S.C. 1804 ). (2) Non-Federal cost share The non-Federal share of the cost of operation, maintenance, repair, rehabilitation, and replacement of any structure under this subsection shall be 35 percent. . B Port and Harbor Maintenance 2101. Funding for harbor maintenance programs (a) Definitions In this section: (1) Total amount of harbor maintenance taxes received The term total amount of harbor maintenance taxes received means, with respect to a fiscal year, the aggregate of amounts appropriated, transferred, or credited to the Harbor Maintenance Trust Fund under section 9505(a) of the Internal Revenue Code of 1986 for that fiscal year as set forth in the current year estimate provided in the President’s budget request for the subsequent fiscal year, submitted pursuant to section 1105 of title 31, United States Code. (2) Total budget resources The term total budget resources means the total amount made available by appropriations Acts from the Harbor Maintenance Trust Fund for a fiscal year for making expenditures under section 9505(c) of the Internal Revenue Code of 1986. (b) Target appropriations (1) In general The target total budget resources made available to the Secretary from the Harbor Maintenance Trust Fund for a fiscal year shall be not less than the following: (A) For fiscal year 2015, 67 percent of the total amount of harbor maintenance taxes received in fiscal year 2014. (B) For fiscal year 2016, 69 percent of the total amount of harbor maintenance taxes received in fiscal year 2015. (C) For fiscal year 2017, 71 percent of the total amount of harbor maintenance taxes received in fiscal year 2016. (D) For fiscal year 2018, 74 percent of the total amount of harbor maintenance taxes received in fiscal year 2017. (E) For fiscal year 2019, 77 percent of the total amount of harbor maintenance taxes received in fiscal year 2018. (F) For fiscal year 2020, 80 percent of the total amount of harbor maintenance taxes received in fiscal year 2019. (G) For fiscal year 2021, 83 percent of the total amount of harbor maintenance taxes received in fiscal year 2020. (H) For fiscal year 2022, 87 percent of the total amount of harbor maintenance taxes received in fiscal year 2021. (I) For fiscal year 2023, 91 percent of the total amount of harbor maintenance taxes received in fiscal year 2022. (J) For fiscal year 2024, 95 percent of the total amount of harbor maintenance taxes received in fiscal year 2023. (K) For fiscal year 2025, and each fiscal year thereafter, 100 percent of the total amount of harbor maintenance taxes received in the previous fiscal year. (2) Use of amounts The total budget resources described in paragraph (1) may be used only for making expenditures under section 9505(c) of the Internal Revenue Code of 1986. (c) Impact on other funds (1) Sense of Congress It is the sense of Congress that any increase in funding for harbor maintenance programs under this section shall result from an overall increase in appropriations for the civil works program of the Corps of Engineers and not from reductions in the appropriations for other programs, projects, and activities carried out by the Corps of Engineers for other authorized purposes. (2) Application The target total budget resources for a fiscal year specified in subsection (b)(1) shall only apply in a fiscal year for which the level of appropriations provided for the civil works program of the Corps of Engineers in that fiscal year is increased, as compared to the previous fiscal year, by a dollar amount that is at least equivalent to the dollar amount necessary to address such target total budget resources in that fiscal year. 2102. Operation and maintenance of harbor projects (a) In general Section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 ) is amended by adding at the end the following: (c) Operation and maintenance of harbor projects (1) In general To the maximum extent practicable, the Secretary shall make expenditures to pay for operation and maintenance costs of the harbors and inland harbors referred to in subsection (a)(2), including expenditures of funds appropriated from the Harbor Maintenance Trust Fund, based on an equitable allocation of funds among all such harbors and inland harbors. (2) Criteria (A) In general In determining an equitable allocation of funds under paragraph (1), the Secretary shall— (i) consider the information obtained in the assessment conducted under subsection (e); (ii) consider the national and regional significance of harbor operations and maintenance; and (iii) as appropriate, consider national security and military readiness needs. (B) Limitation The Secretary shall not allocate funds under paragraph (1) based solely on the tonnage transiting through a harbor. (3) Emerging harbor projects Notwithstanding any other provision of this subsection, in making expenditures under paragraph (1) for each of fiscal years 2015 through 2022, the Secretary shall allocate for operation and maintenance costs of emerging harbor projects an amount that is not less than 10 percent of the funds made available under this section for fiscal year 2012 to pay the costs described in subsection (a)(2). (4) Management of Great Lakes navigation system To sustain effective and efficient operation and maintenance of the Great Lakes Navigation System, including any navigation feature in the Great Lakes that is a Federal responsibility with respect to operation and maintenance, the Secretary shall manage all of the individually authorized projects in the Great Lakes Navigation System as components of a single, comprehensive system, recognizing the interdependence of the projects. (d) Prioritization (1) Priority (A) In general For each of fiscal years 2015 through 2024, if priority funds are available, the Secretary shall use the priority funds as follows: (i) 90 percent of the priority funds shall be used for high- and moderate-use harbor projects. (ii) 10 percent of the priority funds shall be used for emerging harbor projects. (B) Additional considerations For each of fiscal years 2015 through 2024, of the priority funds available, the Secretary shall use— (i) not less than 5 percent of such funds for underserved harbor projects; and (ii) not less than 10 percent of such funds for projects that are located within the Great Lakes Navigation System. (C) Underserved harbors In determining which underserved harbor projects shall receive funds under this paragraph, the Secretary shall consider— (i) the total quantity of commerce supported by the water body on which the project is located; and (ii) the minimum width and depth that— (I) would be necessary at the underserved harbor project to provide sufficient clearance for fully loaded commercial vessels using the underserved harbor project to maneuver safely; and (II) does not exceed the constructed width and depth of the authorized navigation project. (2) Expanded uses (A) Definition of eligible harbor or inland harbor defined In this paragraph, the term eligible harbor or inland harbor means a harbor or inland harbor at which the total amount of harbor maintenance taxes collected in the immediately preceding 3 fiscal years exceeds the value of the work carried out for the harbor or inland harbor using amounts from the Harbor Maintenance Trust Fund during those 3 fiscal years. (B) Use of expanded uses funds (i) Fiscal years 2015 through 2024 For each of fiscal years 2015 through 2024, of the priority funds available, the Secretary shall use not less than 10 percent of such funds for expanded uses carried out at an eligible harbor or inland harbor. (ii) Subsequent fiscal years For fiscal year 2025 and each fiscal year thereafter, the Secretary shall use not less than 10 percent of the priority funds available for expanded uses carried out at an eligible harbor or inland harbor. (C) Prioritization In allocating funds under this paragraph, the Secretary shall give priority to projects at eligible harbors or inland harbors for which the difference, calculated in dollars, is greatest between— (i) the total amount of funding made available for projects at that eligible harbor or inland harbor from the Harbor Maintenance Trust Fund in the immediately preceding 3 fiscal years; and (ii) the total amount of harbor maintenance taxes collected at that harbor or inland harbor in the immediately preceding 3 fiscal years. (3) Remaining funds (A) In general For each of fiscal years 2015 through 2024, if after fully funding all projects eligible for funding under paragraphs (1)(B) and (2)(B)(i), priority funds made available under those paragraphs remain unobligated, the Secretary shall use those remaining funds to pay for operation and maintenance costs of any harbor or inland harbor referred to in subsection (a)(2) based on an equitable allocation of those funds among the harbors and inland harbors. (B) Criteria In determining an equitable allocation of funds under subparagraph (A), the Secretary shall— (i) use the criteria specified in subsection (c)(2)(A); and (ii) make amounts available in accordance with the requirements of paragraph (1)(A). (4) Emergency expenditures Nothing in this subsection prohibits the Secretary from making an expenditure to pay for the operation and maintenance costs of a specific harbor or inland harbor, including the transfer of funding from the operation and maintenance of a separate project, if— (A) the Secretary determines that the action is necessary to address the navigation needs of a harbor or inland harbor where safe navigation has been severely restricted due to an unforeseen event; and (B) the Secretary provides within 90 days of the action notice and information on the need for the action to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives. (e) Assessment of harbors and inland harbors (1) In general Not later than 270 days after the date of enactment of this subsection, and biennially thereafter, the Secretary shall assess the operation and maintenance needs and uses of the harbors and inland harbors referred to in subsection (a)(2). (2) Assessment of harbor needs and activities (A) Total operation and maintenance needs of harbors In carrying out paragraph (1), the Secretary shall identify— (i) the total future costs required to achieve and maintain the constructed width and depth for the harbors and inland harbors referred to in subsection (a)(2); and (ii) the total expected costs for expanded uses at eligible harbors or inland harbors referred to in subsection (d)(2). (B) Uses of harbors and inland harbors In carrying out paragraph (1), the Secretary shall identify current uses (and, to the extent practicable, assess the national, regional, and local benefits of such uses) of harbors and inland harbors referred to in subsection (a)(2), including the use of those harbors for— (i) commercial navigation, including the movement of goods; (ii) domestic trade; (iii) international trade; (iv) commercial fishing; (v) subsistence, including use by Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )) for subsistence and ceremonial purposes; (vi) use as a harbor of refuge; (vii) transportation of persons; (viii) purposes relating to domestic energy production, including the fabrication, servicing, or supply of domestic offshore energy production facilities; (ix) activities of the Secretary of the department in which the Coast Guard is operating; (x) activities of the Secretary of the Navy; (xi) public health and safety related equipment for responding to coastal and inland emergencies; (xii) recreation purposes; and (xiii) other authorized purposes. (3) Report to Congress (A) In general For fiscal year 2016, and biennially thereafter, in conjunction with the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives a report that, with respect to harbors and inland harbors referred to in subsection (a)(2)— (i) identifies the operation and maintenance costs associated with the harbors and inland harbors, including those costs required to achieve and maintain the constructed width and depth for the harbors and inland harbors and the costs for expanded uses at eligible harbors and inland harbors, on a project-by-project basis; (ii) identifies the amount of funding requested in the President’s budget for the operation and maintenance costs associated with the harbors and inland harbors, on a project-by-project basis; (iii) identifies the unmet operation and maintenance needs associated with the harbors and inland harbors, on a project-by-project basis; and (iv) identifies the harbors and inland harbors for which the President will allocate funding over the subsequent 5 fiscal years for operation and maintenance activities, on a project-by-project basis, including the amounts to be allocated for such purposes. (B) Public availability The Secretary shall make the report submitted under subparagraph (A) available to the public, including on the Internet. (f) Definitions In this section: (1) Constructed width and depth The term constructed width and depth means the width and depth to which a project has been constructed, which may not exceed the authorized width and depth of the project. (2) Emerging harbor project The term emerging harbor project means a project that is assigned to a harbor or inland harbor referred to in subsection (a)(2) that transits less than 1,000,000 tons of cargo annually. (3) Expanded uses The term expanded uses means the following activities: (A) The maintenance dredging of a berth in a harbor that is accessible to a Federal navigation project and that benefits commercial navigation at the harbor. (B) The maintenance dredging and disposal of legacy-contaminated sediment, and sediment unsuitable for open water disposal, if— (i) such dredging and disposal benefits commercial navigation at the harbor; and (ii) such sediment is located in and affects the maintenance of a Federal navigation project or is located in a berth that is accessible to a Federal navigation project. (4) Great lakes navigation system The term Great Lakes Navigation System includes— (A) (i) Lake Superior; (ii) Lake Huron; (iii) Lake Michigan; (iv) Lake Erie; and (v) Lake Ontario; (B) all connecting waters between the lakes referred to in subparagraph (A) used for commercial navigation; (C) any navigation features in the lakes referred to in subparagraph (A) or waters described in subparagraph (B) that are a Federal operation or maintenance responsibility; and (D) areas of the Saint Lawrence River that are operated or maintained by the Federal Government for commercial navigation. (5) Harbor maintenance tax The term harbor maintenance tax means the amounts collected under section 4461 of the Internal Revenue Code of 1986. (6) High-use harbor project The term high-use harbor project means a project that is assigned to a harbor or inland harbor referred to in subsection (a)(2) that transits not less than 10,000,000 tons of cargo annually. (7) Moderate-use harbor project The term moderate-use harbor project means a project that is assigned to a harbor or inland harbor referred to in subsection (a)(2) that transits annually— (A) more than 1,000,000 tons of cargo; but (B) less than 10,000,000 tons of cargo. (8) Priority funds The term priority funds means the difference between— (A) the total funds that are made available under this section to pay the costs described in subsection (a)(2) for a fiscal year; and (B) the total funds made available under this section to pay the costs described in subsection (a)(2) in fiscal year 2012. (9) Underserved harbor project (A) In general The term underserved harbor project means a project that is assigned to a harbor or inland harbor referred to in subsection (a)(2)— (i) that is a moderate-use harbor project or an emerging harbor project; (ii) that has been maintained at less than the constructed width and depth of the project during each of the preceding 6 fiscal years; and (iii) for which State and local investments in infrastructure have been made at those projects during the preceding 6 fiscal years. (B) Administration For purposes of this paragraph, State and local investments in infrastructure shall include infrastructure investments made using amounts made available for activities under section 105(a)(9) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305(a)(9) ). . (b) Operation and maintenance Section 101(b)(1) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b)(1) ) is amended by striking 45 feet and inserting 50 feet . (c) Conforming amendment Section 9505(c)(1) of the Internal Revenue Code of 1986 is amended by striking (as in effect on the date of the enactment of the Water Resources Development Act of 1996) . 2103. Consolidation of deep draft navigation expertise Section 2033(e) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2282a(e) ) is amended by adding at the end the following: (3) Deep draft navigation planning center of expertise (A) In general The Secretary shall consolidate deep draft navigation expertise within the Corps of Engineers into a deep draft navigation planning center of expertise. (B) List Not later than 60 days after the date of the consolidation required under subparagraph (A), 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 list of the grade levels and expertise of each of the personnel assigned to the center described in subparagraph (A). . 2104. Remote and subsistence harbors Section 2006 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2242 ) is amended— (1) in subsection (a)— (A) in paragraph (1)(B) by inserting or Alaska after Hawaii ; and (B) in paragraph (2)— (i) by striking community and inserting region ; and (ii) by inserting , as determined by the Secretary, including consideration of information provided by the non-Federal interest after improvement ; and (2) by adding at the end the following: (c) Prioritization Projects recommended by the Secretary under subsection (a) shall be given equivalent budget consideration and priority as projects recommended solely by national economic development benefits. (d) Disposition (1) In general The Secretary may carry out any project identified in the study carried out pursuant to subsection (a) in accordance with the criteria for projects carried out under the authority of the Secretary under section 107 of the River and Harbor Act of 1960 ( 33 U.S.C. 577 ). (2) Non-Federal interests In evaluating and implementing a project under this section, the Secretary shall allow a non-Federal interest to participate in the financing of a project in accordance with the criteria established for flood control projects under section 903(c) of the Water Resources Development Act of 1986 ( Public Law 99–662 ; 100 Stat. 4184). (e) Annual report For a project that cannot be carried out under the authority specified in subsection (d), on a determination by the Secretary of the feasibility of the project under subsection (a), the Secretary may include a recommendation concerning the project in the annual report submitted to Congress under section 7001. . 2105. Arctic deep draft port development partnerships (a) In general The Secretary may provide technical assistance to non-Federal public entities, including Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )), for the development, construction, operation, and maintenance of channels, harbors, and related infrastructure associated with deep draft ports for purposes of dealing with Arctic development and security needs. (b) Acceptance of funds The Secretary is authorized to accept and expend funds provided by non-Federal public entities, including Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )), to carry out the technical assistance activities described in subsection (a). (c) Limitation No assistance may be provided under this section until after the date on which the entity to which that assistance is to be provided enters into a written agreement with the Secretary that includes such terms and conditions as the Secretary determines to be appropriate and in the public interest. (d) Prioritization The Secretary shall prioritize technical assistance provided under this section for Arctic deep draft ports identified by the Secretary, the Secretary of Homeland Security, and the Secretary of Defense as important for Arctic development and security. 2106. Additional measures at donor ports and energy transfer ports (a) Definitions In this section: (1) Cargo container The term “cargo container” means a cargo container that is 1 Twenty-foot Equivalent Unit. (2) Donor port The term “donor port” means a port— (A) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation); (B) at which the total amount of harbor maintenance taxes collected comprise not less than $15,000,000 annually of the total funding of the Harbor Maintenance Trust Fund established under section 9505 of the Internal Revenue Code of 1986; (C) that received less than 25 percent of the total amount of harbor maintenance taxes collected at that port in the previous 5 fiscal years; and (D) that is located in a State in which more than 2,000,000 cargo containers were unloaded from or loaded on to vessels in fiscal year 2012. (3) Energy commodity The term energy commodity includes— (A) petroleum products; (B) natural gas; (C) coal; (D) wind and solar energy components; and (E) biofuels. (4) Energy transfer port The term energy transfer port means a port— (A) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulation (or any successor regulation); and (B) (i) at which energy commodities comprised greater than 25 percent of all commercial activity by tonnage in fiscal year 2012; and (ii) through which more than 40,000,000 tons of cargo were transported in fiscal year 2012. (5) Expanded uses The term expanded uses has the meaning given the term in section 210(f) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238(f) ). (6) Harbor maintenance tax The term harbor maintenance tax has the meaning given the term in section 210(f) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238(f) ). (b) Authority (1) In general Subject to the availability of appropriations, the Secretary may provide to donor ports and energy transfer ports amounts in accordance with this section. (2) Limitations Amounts provided under this section— (A) for energy transfer ports shall be divided equally among all States with an energy transfer port; and (B) shall be made available to a port as either a donor port or an energy transfer port and no port may receive amounts as both a donor port and an energy transfer port. (c) Use of funds Amounts provided under this section may be used by a donor port or an energy transfer port— (1) to provide payments to importers entering cargo or shippers transporting cargo through that port, as calculated by U.S. Customs and Border Protection according to the amount of harbor maintenance taxes collected; (2) for expanded uses; or (3) for environmental remediation related to dredging berths and Federal navigation channels. (d) Administration of payments If a donor port or an energy transfer port elects to provide payments to importers or shippers under subsection (c), the Secretary shall transfer the amount that would otherwise be provided to the port under this section that is equal to those payments to the Commissioner of U.S. Customs and Border Protection to provide the payments to the importers or shippers. (e) Report to Congress (1) In general Not later than 18 months after the date of enactment of this section, the Secretary shall assess the impact of the authority provided by this section and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report on the results of that assessment, including any recommendations for amending or reauthorizing the authority. (2) Factors In carrying out the assessment under paragraph (1), the Secretary shall assess— (A) the impact of the amounts provided and used under this section on those ports that received funds under this section; and (B) any impact on domestic harbors and ports that did not receive funds under this section. (f) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2015 through 2018. (2) Division between donor ports and energy transfer ports For each fiscal year, amounts made available to carry out this section shall be provided in equal amounts to donor ports and energy transfer ports. (3) Additional appropriations If the target total budget resources under subparagraphs (A) through (D) of section 2101(b)(1) are met for each of fiscal years 2015 through 2018, there is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2019 through 2022. 2107. Preserving United States harbors (a) In general Upon a request from a non-Federal interest, the Secretary shall review a report developed by the non-Federal interest that provides an economic justification for Federal investment in the operation and maintenance of a federally authorized harbor or inland harbor (referred to in this section as a federally authorized harbor ). (b) Justification of investment A report submitted under subsection (a) may provide for an economic justification of Federal investment in the operation and maintenance of a federally authorized harbor based on— (1) the projected economic benefits, including transportation savings and job creation; and (2) other factors, including navigation safety, national security, and sustainability of subsistence harbors. (c) Written response Not later than 180 days after the date on which the Secretary receives a report under subsection (a), the Secretary shall provide to the non-Federal interest a written response to the report, including an assessment of the information provided by the non-Federal interest. (d) Prioritization As the Secretary determines to be appropriate, the Secretary may use the information provided in the report under subsection (a) to justify additional operation and maintenance funding for a federally authorized harbor in accordance with section 101(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b) ). (e) Limitation on statutory construction Nothing in this section may be construed to preclude the operation and maintenance of a federally authorized harbor under section 101(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b) ). III Safety Improvements and Addressing Extreme Weather Events A Dam Safety 3001. Dam Safety (a) Administrator (1) In general The National Dam Safety Program Act ( 33 U.S.C. 467 et seq. ) is amended by striking Director each place it appears and inserting Administrator . (2) Conforming amendment Section 2 of the National Dam Safety Program Act ( 33 U.S.C. 467 ) is amended— (A) by striking paragraph (3); (B) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (C) by inserting before paragraph (2) (as redesignated by subparagraph (B)) the following: (1) Administrator The term Administrator means the Administrator of the Federal Emergency Management Agency. . (b) Inspection of dams Section 3(b)(1) of the National Dam Safety Program Act ( 33 U.S.C. 467a(b)(1) ) is amended by striking or maintenance and inserting maintenance, condition, or provisions for emergency operations . (c) National Dam Safety Program (1) Objectives Section 8(c) of the National Dam Safety Program Act ( 33 U.S.C. 467f(c) ) is amended by striking paragraph (4) and inserting the following: (4) develop and implement a comprehensive dam safety hazard education and public awareness initiative to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents; . (2) Board Section 8(f)(4) of the National Dam Safety Program Act ( 33 U.S.C. 467f(f)(4) ) is amended by inserting , representatives from nongovernmental organizations, after State agencies . (d) Public awareness and outreach for dam safety The National Dam Safety Program Act ( 33 U.S.C. 467 et seq. ) is amended— (1) by redesignating sections 11, 12, and 13 as sections 12, 13, and 14, respectively; and (2) by inserting after section 10 ( 33 U.S.C. 467g–1 ) the following: 11. Public awareness and outreach for dam safety The Administrator, in consultation with other Federal agencies, State and local governments, dam owners, the emergency management community, the private sector, nongovernmental organizations and associations, institutions of higher education, and any other appropriate entities shall, subject to the availability of appropriations, carry out a nationwide public awareness and outreach initiative to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents. . (e) Authorization of appropriations (1) National Dam Safety Program (A) Annual amounts Section 14(a)(1) of the National Dam Safety Program Act ( 33 U.S.C. 467j(a)(1) ) (as so redesignated) is amended by striking $6,500,000 and all that follows through 2011 and inserting $9,200,000 for each of fiscal years 2015 through 2019 . (B) Maximum amount of allocation Section 14(a)(2)(B) of the National Dam Safety Program Act ( 33 U.S.C. 467j(a)(2)(B) ) (as so redesignated) is amended— (i) by striking The amount and inserting the following: (i) In general The amount ; and (ii) by adding at the end the following: (ii) Fiscal year 2015 and subsequent fiscal years For fiscal year 2015 and each subsequent fiscal year, the amount of funds allocated to a State under this paragraph may not exceed the amount of funds committed by the State to implement dam safety activities. . (2) National dam inventory Section 14(b) of the National Dam Safety Program Act ( 33 U.S.C. 467j(b) ) (as so redesignated) is amended by striking $650,000 and all that follows through 2011 and inserting $500,000 for each of fiscal years 2015 through 2019 . (3) Public awareness Section 14 of the National Dam Safety Program Act ( 33 U.S.C. 467j ) (as so redesignated) is amended— (A) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and (B) by inserting after subsection (b) the following: (c) Public awareness There is authorized to be appropriated to carry out section 11 $1,000,000 for each of fiscal years 2015 through 2019. . (4) Research Section 14(d) of the National Dam Safety Program Act (as so redesignated) is amended by striking $1,600,000 and all that follows through 2011 and inserting $1,450,000 for each of fiscal years 2015 through 2019 . (5) Dam safety training Section 14(e) of the National Dam Safety Program Act (as so redesignated) is amended by striking $550,000 and all that follows through 2011 and inserting $750,000 for each of fiscal years 2015 through 2019 . (6) Staff Section 14(f) of the National Dam Safety Program Act (as so redesignated) is amended by striking $700,000 and all that follows through 2011 and inserting $1,000,000 for each of fiscal years 2015 through 2019 . (f) Technical amendment Section 14(a)(1) of the National Dam Safety Program Act ( 33 U.S.C. 467j(a)(1) ) (as so redesignated) is amended by striking sections 7, 8, and 11 and inserting sections 7, 8, and 12 . B Levee safety 3011. Systemwide improvement framework A levee system shall remain eligible for rehabilitation assistance under the authority provided by section 5 of the Act of August 18, 1941 ( 33 U.S.C. 701n ) as long as the levee system sponsor continues to make satisfactory progress, as determined by the Secretary, on an approved systemwide improvement framework or letter of intent. 3012. Management of flood risk reduction projects (a) In general If 2 or more flood control projects are located within the same geographic area, the Secretary shall, at the request of the non-Federal interests for the affected projects, consider those projects as a single program for budgetary or project management purposes, if the Secretary determines that doing so would not be incompatible with the authorized project purposes. (b) Cost share (1) In general If any work on a project to which subsection (a) applies is required solely because of impacts to that project from a navigation project, the cost of carrying out that work shall be shared in accordance with the cost-sharing requirements for the navigation project. (2) Use of amounts Work described in paragraph (1) may be carried out using amounts made available under subsection (a). 3013. Vegetation management policy (a) Definition of guidelines In this section, the term guidelines means the Corps of Engineers policy guidelines for management of vegetation on levees, including— (1) Engineering Technical Letter 1110–2–571 entitled Guidelines for Landscape Planting and Vegetation Management at Levees, Floodwalls, Embankment Dams, and Appurtenant Structures and adopted April 10, 2009; and (2) the draft policy guidance letter entitled Process for Requesting a Variance from Vegetation Standards for Levees and Floodwalls (77 Fed. Reg. 9637 (Feb. 17, 2012)). (b) Review The Secretary shall carry out a comprehensive review of the guidelines in order to determine whether current Federal policy relating to levee vegetation is appropriate for all regions of the United States. (c) Factors (1) In general In carrying out the review, the Secretary shall consider— (A) the varied interests and responsibilities in managing flood risks, including the need— (i) to provide the greatest benefits for public safety with limited resources; and (ii) to ensure that levee safety investments minimize environmental impacts and provide corresponding public safety benefits; (B) the levee safety benefits that can be provided by woody vegetation; (C) the preservation, protection, and enhancement of natural resources, including— (i) the benefit of vegetation on levees in providing habitat for species of concern, including endangered, threatened, and candidate species; and (ii) the impact of removing levee vegetation on compliance with other regulatory requirements; (D) protecting the rights of Indian tribes pursuant to treaties and statutes; (E) determining how vegetation impacts the performance of a levee or levee system during a storm or flood event; (F) the available science and the historical record regarding the link between vegetation on levees and flood risk; (G) the avoidance of actions requiring significant economic costs and environmental impacts; and (H) other factors relating to the factors described in subparagraphs (A) through (F) identified in public comments that the Secretary determines to be appropriate. (2) Variance considerations (A) In general In carrying out the review, the Secretary shall specifically consider factors that promote and allow for consideration of variances from guidelines on a Statewide, tribal, regional, or watershed basis, including variances based on— (i) regional or watershed soil conditions; (ii) hydrologic factors; (iii) vegetation patterns and characteristics; (iv) environmental resources, including endangered, threatened, or candidate species and related regulatory requirements; (v) levee performance history, including historical information on original construction and subsequent operation and maintenance activities; (vi) any effects on water supply; (vii) any scientific evidence on the link between levee vegetation and levee safety; (viii) institutional considerations, including implementation challenges and conflicts with or violations of Federal or State environmental laws; (ix) the availability of limited funds for levee construction and rehabilitation; (x) the economic and environmental costs of removing woody vegetation on levees; and (xi) other relevant factors identified in public comments that the Secretary determines to be appropriate. (B) Scope The scope of a variance approved by the Secretary may include a complete exemption to guidelines, if appropriate. (d) Cooperation and consultation; recommendations (1) In general The Secretary shall carry out the review under this section in consultation with other applicable Federal agencies, representatives of State, regional, local, and tribal governments, appropriate nongovernmental organizations, and the public. (2) Recommendations (A) Regional Integration Teams Corps of Engineers Regional Integration Teams, representing districts, divisions, and headquarters, in consultation with State and Federal resource agencies, and with participation by local agencies, shall submit to the Secretary any recommendations for vegetation management policies for levees that conform with Federal and State laws and other applicable requirements, including recommendations relating to the review of guidelines under subsection (b) and the consideration of variances under subsection (c)(2). (B) State, tribal, regional, and local entities The Secretary shall consider and accept recommendations from any State, tribal, regional, or local entity for vegetation management policies for levees that conform with Federal and State laws and other applicable requirements, including recommendations relating to the review of guidelines under subsection (b) and the consideration of variances under subsection (c)(2). (e) Independent consultation (1) In general As part of the review, the Secretary shall solicit and consider the views of independent experts on the engineering, environmental, and institutional considerations underlying the guidelines, including the factors described in subsection (c) and any information obtained by the Secretary under subsection (d). (2) Availability of views The views of the independent experts obtained under paragraph (1) shall be— (A) made available to the public; and (B) included in supporting materials issued in connection with the revised guidelines required under subsection (f). (f) Revision of guidelines (1) In general Not later than 18 months after the date of enactment of this Act, the Secretary shall— (A) revise the guidelines based on the results of the review, including— (i) recommendations received as part of the consultation described in subsection (d)(1); and (ii) the views received under subsection (e); (B) provide the public not less than 30 days to review and comment on draft guidelines before issuing final guidelines; and (C) submit to Congress and make publicly available a report that contains a summary of the activities of the Secretary and a description of the findings of the Secretary under this section. (2) Content; incorporation into manual The revised guidelines shall— (A) provide a practical, flexible process for approving Statewide, tribal, regional, or watershed variances from the guidelines that— (i) reflect due consideration of the factors described in subsection (c); and (ii) incorporate State, tribal, and regional vegetation management guidelines for specific areas that— (I) are consistent with the guidelines; and (II) have been adopted through a formal public process; and (B) be incorporated into the manual proposed under section 5(c) of the Act of August 18, 1941 ( 33 U.S.C. 701n(c) ). (3) Failure to meet deadlines If the Secretary fails to submit a report by the required deadline under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a detailed explanation of— (A) why the deadline was missed; (B) solutions needed to meet the deadline; and (C) a projected date for submission of the report. (g) Interim actions (1) In general Until the date on which revisions to the guidelines are adopted in accordance with subsection (f), the Secretary shall not require the removal of existing vegetation as a condition or requirement for any approval or funding of a project, or any other action, unless the specific vegetation has been demonstrated to present an unacceptable safety risk. (2) Revisions Beginning on the date on which the revisions to the guidelines are adopted in accordance with subsection (f), the Secretary shall reconsider, on request of an affected entity, any previous action of the Corps of Engineers in which the outcome was affected by the former guidelines. 3014. Levee certifications (a) Implementation of flood protection structure accreditation task force In carrying out section 100226 of Public Law 112–141 ( 42 U.S.C. 4101 note; 126 Stat. 942), the Secretary shall— (1) ensure that at least 1 program activity carried out under the inspection of completed works program of the Corps of Engineers provides adequate information to the Secretary to reach a levee accreditation decision under section 65.10 of title 44, Code of Federal Regulations (or successor regulation); and (2) to the maximum extent practicable, carry out activities under the inspection of completed works program of the Corps of Engineers in alignment with the schedule established for the national flood insurance program established under chapter 1 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011 et seq. ). (b) Accelerated levee system evaluations (1) In general On receipt of a request from a non-Federal interest, the Secretary may carry out a levee system evaluation of a federally authorized levee for purposes of the national flood insurance program established under chapter 1 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011 et seq. ) if the evaluation will be carried out earlier than such an evaluation would be carried out under subsection (a). (2) Requirements A levee system evaluation under paragraph (1) shall— (A) at a minimum, comply with section 65.10 of title 44, Code of Federal Regulations (as in effect on the date of enactment of this Act); and (B) be carried out in accordance with such procedures as the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, may establish. (3) Funding (A) In general The Secretary may use amounts made available under section 22 of the Water Resources Development Act of 1974 ( 42 U.S.C. 1962d–16 ) to carry out this subsection. (B) Cost share The Secretary shall apply the cost share under section 22(b) of the Water Resources Development Act of 1974 ( 42 U.S.C. 1962d–16(b) ) to any activities carried out under this subsection. 3015. Planning assistance to States Section 22 of the Water Resources Development Act of 1974 ( 42 U.S.C. 1962d–16 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by inserting or other non-Federal interest working with a State after cooperate with any State ; and (ii) by inserting , including plans to comprehensively address water resources challenges, after of such State ; and (B) in paragraph (2)(A), by striking , at Federal expense, ; (2) in subsection (b)— (A) in paragraph (1), by striking subsection (a)(1) each place it appears and inserting subsection (a) ; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following: (2) Contributed funds The Secretary may accept and expend funds in excess of the fees established under paragraph (1) that are provided by a State or other non-Federal interest for assistance under this section. ; and (3) in subsection (c)— (A) in paragraph (1)— (i) by striking $10,000,000 and inserting $30,000,000 ; and (ii) by striking $2,000,000 and inserting $5,000,000 in Federal funds ; and (B) in paragraph (2), by striking $5,000,000 and inserting $15,000,000 . 3016. Levee safety (a) Purposes Section 9001 of the Water Resources Development Act of 2007 ( 33 U.S.C. 3301 note) is amended— (1) in the section heading, by inserting ; Purposes after title ; (2) by striking This title and inserting the following: (a) Short title This title ; and (3) by adding at the end the following: (b) Purposes The purposes of this title are— (1) to ensure that human lives and property that are protected by new and existing levees are safe; (2) to encourage the use of appropriate engineering policies, procedures, and technical practices for levee site investigation, design, construction, operation and maintenance, inspection, assessment, and emergency preparedness; (3) to develop and support public education and awareness projects to increase public acceptance and support of levee safety programs and provide information; (4) to build public awareness of the residual risks associated with living in levee protected areas; (5) to develop technical assistance materials, seminars, and guidelines to improve the security of levees of the United States; and (6) to encourage the establishment of effective State and tribal levee safety programs. . (b) Definitions Section 9002 of the Water Resources Development Act of 2007 ( 33 U.S.C. 3301 ) is amended— (1) by redesignating paragraphs (1), (2), (3), (4), (5), and (6), as paragraphs (3), (6), (7), (14), (15), and (16), respectively; (2) by inserting before paragraph (3) (as redesignated by paragraph (1)) the following: (1) Administrator The term Administrator means the Administrator of the Federal Emergency Management Agency. (2) Canal structure (A) In general The term canal structure means an embankment, wall, or structure along a canal or manmade watercourse that— (i) constrains water flows; (ii) is subject to frequent water loading; and (iii) is an integral part of a flood risk reduction system that protects the leveed area from flood waters associated with hurricanes, precipitation events, seasonal high water, and other weather-related events. (B) Exclusion The term canal structure does not include a barrier across a watercourse. ; (3) by inserting after paragraph (3) (as redesignated by paragraph (1)) the following: (4) Floodplain management The term floodplain management means the operation of a community program of corrective and preventative measures for reducing flood damage. (5) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). ; and (4) by striking paragraph (7) (as redesignated by paragraph (1)) and inserting the following: (7) Levee (A) In general The term levee means a manmade barrier (such as an embankment, floodwall, or other structure)— (i) the primary purpose of which is to provide hurricane, storm, or flood protection relating to seasonal high water, storm surges, precipitation, or other weather events; and (ii) that is normally subject to water loading for only a few days or weeks during a calendar year. (B) Inclusions The term levee includes a levee system, including— (i) levees and canal structures that— (I) constrain water flows; (II) are subject to more frequent water loading; and (III) do not constitute a barrier across a watercourse; and (ii) roadway and railroad embankments, but only to the extent that the embankments are integral to the performance of a flood damage reduction system. (C) Exclusions The term levee does not include— (i) a roadway or railroad embankment that is not integral to the performance of a flood damage reduction system; (ii) a canal constructed completely within natural ground without any manmade structure (such as an embankment or retaining wall to retain water or a case in which water is retained only by natural ground); (iii) a canal regulated by a Federal or State agency in a manner that ensures that applicable Federal safety criteria are met; (iv) a levee or canal structure— (I) that is not a part of a Federal flood damage reduction system; (II) that is not recognized under the National Flood Insurance Program as providing protection from the 1-percent-annual-chance or greater flood; (III) that is not greater than 3 feet high; (IV) the population in the leveed area of which is less than 50 individuals; and (V) the leveed area of which is less than 1,000 acres; or (v) any shoreline protection or river bank protection system (such as revetments or barrier islands). (8) Levee feature The term levee feature means a structure that is critical to the functioning of a levee, including— (A) an embankment section; (B) a floodwall section; (C) a closure structure; (D) a pumping station; (E) an interior drainage work; and (F) a flood damage reduction channel. (9) Levee system The term levee system means 1 or more levee segments, including all levee features that are interconnected and necessary to ensure protection of the associated leveed areas— (A) that collectively provide flood damage reduction to a defined area; and (B) the failure of 1 of which may result in the failure of the entire system. (10) National levee database The term national levee database means the levee database established under section 9004. (11) Participating program The term participating program means a levee safety program developed by a State or Indian tribe that includes the minimum components necessary for recognition by the Secretary. (12) Rehabilitation The term rehabilitation means the repair, replacement, reconstruction, removal of a levee, or reconfiguration of a levee system, including a setback levee, that is carried out to reduce flood risk or meet national levee safety guidelines. (13) Risk The term risk means a measure of the probability and severity of undesirable consequences. . (c) Committee on Levee Safety Section 9003 of the Water Resources Development Act of 2007 ( 33 U.S.C. 3302 ) is amended— (1) in subsection (b)— (A) by striking paragraphs (1) and (2) and inserting the following: (1) Nonvoting members The following 2 nonvoting members: (A) The Secretary (or a designee of the Secretary). (B) The Administrator (or a designee of the Administrator). ; (B) by redesignating paragraph (3) as paragraph (2); and (C) in paragraph (2) (as redesignated by subparagraph (B)) by inserting voting after 14 ; (2) by redesignating subsection (g) as subsection (h); and (3) by striking subsections (c) through (f) and inserting the following: (c) Administration (1) Terms of voting members (A) In general A voting member of the committee shall be appointed for a term of 3 years, except that, of the members first appointed— (i) 5 shall be appointed for a term of 1 year; (ii) 5 shall be appointed for a term of 2 years; and (iii) 4 shall be appointed for a term of 3 years. (B) Reappointment A voting member of the committee may be reappointed to the committee, as the Secretary determines to be appropriate. (C) Vacancies A vacancy on the committee shall be filled in the same manner as the original appointment was made. (2) Chairperson (A) In general The voting members of the committee shall appoint a chairperson from among the voting members of the committee. (B) Term The chairperson shall serve a term of not more than 2 years. (d) Standing committees (1) In general The committee may establish standing committees comprised of volunteers from all levels of government and the private sector, to advise the committee regarding specific levee safety issues, including participating programs, technical issues, public education and awareness, and safety and the environment. (2) Membership The committee shall recommend to the Secretary for approval individuals for membership on the standing committees. (e) Duties and powers The committee— (1) shall submit to the Secretary and Congress an annual report regarding the effectiveness of the levee safety initiative in accordance with section 9006; and (2) may secure from other Federal agencies such services, and enter into such contracts, as the committee determines to be necessary to carry out this subsection. (f) Task force coordination The committee shall, to the maximum extent practicable, coordinate the activities of the committee with the Federal Interagency Floodplain Management Task Force. (g) Compensation (1) Federal employees Each member of the committee who is an officer or employee of the United States— (A) shall serve without compensation in addition to compensation received for the services of the member as an officer or employee of the United States; but (B) shall be allowed a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the committee. (2) Non-Federal employees To the extent amounts are made available to carry out this section in appropriations Acts, the Secretary shall provide to each member of the committee who is not an officer or employee of the United States a stipend and a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in performance of services for the committee. (3) Standing committee members Each member of a standing committee shall serve in a voluntary capacity. . (d) Inventory of levees Section 9004 of the Water Resources Development Act of 2007 ( 33 U.S.C. 3303 ) is amended— (1) in subsection (a)(2)(A) by striking “and, for non-Federal levees, such information on levee location as is provided to the Secretary by State and local governmental agencies” and inserting “and updated levee information provided by States, Indian tribes, Federal agencies, and other entities”; and (2) by adding at the end the following: (c) Levee review (1) In general The Secretary shall carry out a one-time inventory and review of all levees identified in the national levee database. (2) No Federal interest The inventory and inspection under paragraph (1) does not create a Federal interest in the construction, operation, or maintenance of any levee that is included in the inventory or inspected under this subsection. (3) Review criteria In carrying out the inventory and review, the Secretary shall use the levee safety action classification criteria to determine whether a levee should be classified in the inventory as requiring a more comprehensive inspection. (4) State and tribal participation At the request of a State or Indian tribe with respect to any levee subject to review under this subsection, the Secretary shall— (A) allow an official of the State or Indian tribe to participate in the review of the levee; and (B) provide information to the State or Indian tribe relating to the location, construction, operation, or maintenance of the levee. (5) Exceptions In carrying out the inventory and review under this subsection, the Secretary shall not be required to review any levee that has been inspected by a State or Indian tribe using the same methodology described in paragraph (3) during the 1-year period immediately preceding the date of enactment of this subsection if the Governor of the State or chief executive of the tribal government, as applicable, requests an exemption from the review. . (e) Levee safety initiative (1) In general Sections 9005 and 9006 of the Water Resources Development Act of 2007 ( 33 U.S.C. 3304 , 3305) are redesignated as sections 9007 and 9008, respectively. (2) Levee safety initiative Title IX of the Water Resources Development Act of 2007 ( 33 U.S.C. 3301 et seq. ) is amended by inserting after section 9004 the following: 9005. Levee safety initiative (a) Establishment The Secretary, in consultation with the Administrator, shall carry out a levee safety initiative. (b) Management The Secretary shall appoint— (1) an administrator of the levee safety initiative; and (2) such staff as are necessary to implement the initiative. (c) Levee safety guidelines (1) Establishment Not later than 1 year after the date of enactment of this subsection, the Secretary, in consultation with the Administrator and in coordination with State, local, and tribal governments and organizations with expertise in levee safety, shall establish a set of voluntary, comprehensive, national levee safety guidelines that— (A) are available for common, uniform use by all Federal, State, tribal, and local agencies; (B) incorporate policies, procedures, standards, and criteria for a range of levee types, canal structures, and related facilities and features; and (C) provide for adaptation to local, regional, or watershed conditions. (2) Requirement The policies, procedures, standards, and criteria under paragraph (1)(B) shall be developed taking into consideration the levee hazard potential classification system established under subsection (d). (3) Incorporation The guidelines shall address, to the maximum extent practicable— (A) the activities and practices carried out by State, local, and tribal governments, and the private sector to safely build, regulate, operate, and maintain levees; and (B) Federal activities that facilitate State efforts to develop and implement effective State programs for the safety of levees, including levee inspection, levee rehabilitation, locally developed floodplain management, and public education and training programs. (4) Consideration by Federal agencies To the maximum extent practicable, all Federal agencies shall consider the levee safety guidelines in carrying out activities relating to the management of levees. (5) Public comment Prior to finalizing the guidelines under this subsection, the Secretary shall— (A) issue draft guidelines for public comment, including comment by States, non-Federal interests, and other appropriate stakeholders; and (B) consider any comments received in the development of final guidelines. (d) Hazard potential classification system (1) Establishment The Secretary shall establish a hazard potential classification system for use under the levee safety initiative and participating programs. (2) Revision The Secretary shall review and, as necessary, revise the hazard potential classification system not less frequently than once every 5 years. (3) Consistency The hazard potential classification system established pursuant to this subsection shall be consistent with and incorporated into the levee safety action classification tool developed by the Corps of Engineers. (e) Technical assistance and materials (1) Establishment The Secretary, in consultation with the Administrator, shall provide technical assistance and training to promote levee safety and assist States, communities, and levee owners in— (A) developing levee safety programs; (B) identifying and reducing flood risks associated with levees; (C) identifying local actions that may be carried out to reduce flood risks in leveed areas; and (D) rehabilitating, improving, replacing, reconfiguring, modifying, and removing levees and levee systems. (2) Eligibility To be eligible to receive technical assistance under this subsection, a State shall— (A) be in the process of establishing or have in effect a State levee safety program under which a State levee safety agency, in accordance with State law, carries out the guidelines established under subsection (c)(1); and (B) allocate sufficient funds in the budget of that State to carry out that State levee safety program. (3) Work plans The Secretary shall enter into an agreement with each State receiving technical assistance under this subsection to develop a work plan necessary for the State levee safety program of that State to reach a level of program performance that meets the guidelines established under subsection (c)(1). (f) Public education and awareness (1) In general The Secretary, in coordination with the Administrator, shall carry out public education and awareness efforts relating to the levee safety initiative. (2) Contents In carrying out the efforts under paragraph (1), the Secretary and the Administrator shall— (A) educate individuals living in leveed areas regarding the risks of living in those areas; and (B) promote consistency in the transmission of information regarding levees among Federal agencies and regarding risk communication at the State and local levels. (g) State and tribal levee safety program (1) Guidelines (A) In general Not later than 1 year after the date of enactment of this subsection, in consultation with the Administrator, the Secretary shall issue guidelines that establish the minimum components necessary for recognition of a State or tribal levee safety program as a participating program. (B) Guideline contents The guidelines under subparagraph (A) shall include provisions and procedures requiring each participating State and Indian tribe to certify to the Secretary that the State or Indian tribe, as applicable— (i) has the authority to participate in the levee safety initiative; (ii) can receive funds under this title; (iii) has adopted any levee safety guidelines developed under this title; (iv) will carry out levee inspections; (v) will carry out, consistent with applicable requirements, flood risk management and any emergency action planning procedures the Secretary determines to be necessary relating to levees; (vi) will carry out public education and awareness activities consistent with the efforts carried out under subsection (f); and (vii) will collect and share information regarding the location and condition of levees, including for inclusion in the national levee database. (C) Public comment Prior to finalizing the guidelines under this paragraph, the Secretary shall— (i) issue draft guidelines for public comment; and (ii) consider any comments received in the development of final guidelines. (2) Assistance to States (A) Establishment The Administrator may provide assistance, subject to the availability of funding specified in appropriations Acts for Federal Emergency Management Agency activities pursuant to this title and subject to amounts available under subparagraph (E), to States and Indian tribes in establishing participating programs, conducting levee inventories, and improving levee safety programs in accordance with subparagraph (B). (B) Requirements To be eligible to receive assistance under this section, a State or Indian tribe shall— (i) meet the requirements of a participating program established by the guidelines issued under paragraph (1); (ii) use not less than 25 percent of any amounts received to identify and assess non-Federal levees within the State or on land of the Indian tribe; (iii) submit to the Secretary and Administrator any information collected by the State or Indian tribe in carrying out this subsection for inclusion in the national levee safety database; and (iv) identify actions to address hazard mitigation activities associated with levees and leveed areas identified in the hazard mitigation plan of the State approved by the Administrator of the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ). (C) Measures to assess effectiveness (i) In general Not later than 1 year after the date of enactment of this subsection, the Administrator shall implement quantifiable performance measures and metrics to assess the effectiveness of the assistance provided in accordance with subparagraph (A). (ii) Considerations In assessing the effectiveness of assistance under clause (i), the Administrator shall consider the degree to which the State or tribal program— (I) ensures that human lives and property that are protected by new and existing levees are safe; (II) encourages the use of appropriate engineering policies, procedures, and technical practices for levee site investigation, design, construction, operation and maintenance, inspection, assessment, and emergency preparedness; (III) develops and supports public education and awareness projects to increase public acceptance and support of levee safety programs and provide information; (IV) builds public awareness of the residual risks associated with living in levee protected areas; and (V) develops technical assistance materials, seminars, and guidelines to improve the security of levees of the United States. (D) Maintenance of effort Technical assistance or grants may not be provided to a State under this subsection during a fiscal year unless the State enters into an agreement with the Administrator to ensure that the State will maintain during that fiscal year aggregate expenditures for programs to ensure levee safety that equal or exceed the average annual level of such expenditures for the State for the 2 fiscal years preceding that fiscal year. (E) Authorization of appropriations (i) In general There is authorized to be appropriated to the Administrator to carry out this subsection $25,000,000 for each of fiscal years 2015 through 2019. (ii) Allocation For each fiscal year, amounts made available under this subparagraph shall be allocated among the States and Indian tribes as follows: (I) 1/3 among States and Indian tribes that qualify for assistance under this subsection. (II) 2/3 among States and Indian tribes that qualify for assistance under this subsection, to each such State or Indian tribe in the proportion that— (aa) the miles of levees in the State or on the land of the Indian tribe that are listed on the inventory of levees; bears to (bb) the miles of levees in all States and on the land of all Indian tribes that are in the national levee database. (iii) Maximum Amount of Allocation The amounts allocated to a State or Indian tribe under this subparagraph shall not exceed 50 percent of the reasonable cost of implementing the State or tribal levee safety program. (F) Prohibition No amounts made available to the Administrator under this title shall be used for levee construction, rehabilitation, repair, operations, or maintenance. (h) Levee rehabilitation assistance program (1) Establishment The Secretary shall provide assistance to States, Indian tribes, and local governments relating to addressing flood mitigation activities that result in an overall reduction in flood risk. (2) Requirements To be eligible to receive assistance under this subsection, a State, Indian tribe, or local government shall— (A) participate in, and comply with, all applicable Federal floodplain management and flood insurance programs; (B) have in place a hazard mitigation plan that— (i) includes all levee risks; and (ii) complies with the Disaster Mitigation Act of 2000 ( Public Law 106–390 ; 114 Stat. 1552); (C) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; (D) commit to provide normal operation and maintenance of the project for the 50 year-period following completion of rehabilitation; and (E) comply with such minimum eligibility requirements as the Secretary, in consultation with the committee, may establish to ensure that each owner and operator of a levee under a participating State or tribal levee safety program— (i) acts in accordance with the guidelines developed under subsection (c); and (ii) carries out activities relating to the public in the leveed area in accordance with the hazard mitigation plan described in subparagraph (B). (3) Floodplain management plans (A) In general Not later than 1 year after the date of execution of a project agreement for assistance under this subsection, a State, Indian tribe, or local government shall prepare a floodplain management plan in accordance with the guidelines under subparagraph (D) to reduce the impacts of future flood events in each applicable leveed area. (B) Inclusions A plan under subparagraph (A) shall address— (i) potential measures, practices, and policies to reduce loss of life, injuries, damage to property and facilities, public expenditures, and other adverse impacts of flooding in each applicable leveed area; (ii) plans for flood fighting and evacuation; and (iii) public education and awareness of flood risks. (C) Implementation Not later than 1 year after the date of completion of construction of the applicable project, a floodplain management plan prepared under subparagraph (A) shall be implemented. (D) Guidelines Not later than 180 days after the date of enactment of this subsection, the Secretary, in consultation with the Administrator, shall develop such guidelines for the preparation of floodplain management plans prepared under this paragraph as the Secretary determines to be appropriate. (E) Technical support The Secretary may provide technical support for the development and implementation of floodplain management plans prepared under this paragraph. (4) Use of funds (A) In general Assistance provided under this subsection may be used— (i) for any rehabilitation activity to maximize overall risk reduction associated with a levee under a participating State or tribal levee safety program; and (ii) only for a levee that is not federally operated and maintained. (B) Prohibition Assistance provided under this subsection shall not be used— (i) to perform routine operation or maintenance for a levee; or (ii) to make any modification to a levee that does not result in an improvement to public safety. (5) No proprietary interest A contract for assistance provided under this subsection shall not be considered to confer any proprietary interest on the United States. (6) Cost share The maximum Federal share of the cost of any assistance provided under this subsection shall be 65 percent. (7) Project limit The maximum amount of Federal assistance for a project under this subsection shall be $10,000,000. (8) Limitation A project shall not receive Federal assistance under this subsection more than 1 time. (9) Federal interest For a project that is not a project eligible for rehabilitation assistance under section 5 of the Act of August 18, 1941 ( 33 U.S.C. 701n ), the Secretary shall determine that the proposed rehabilitation is in the Federal interest prior to providing assistance for such rehabilitation. (10) Other laws Assistance provided under this subsection shall be subject to all applicable laws (including regulations) that apply to the construction of a civil works project of the Corps of Engineers. (i) Effect of section Nothing in this section— (1) affects the requirement under section 100226(b)(2) of Public Law 112–141 ( 42 U.S.C. 4101 note; 126 Stat. 942); or (2) confers any regulatory authority on— (A) the Secretary; or (B) the Administrator, including for the purpose of setting premium rates under the national flood insurance program established under chapter 1 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011 et seq. ). 9006. Reports (a) State of levees (1) In general Not later than 1 year after the date of enactment of this subsection, and biennially thereafter, the Secretary in coordination with the committee, shall submit to Congress and make publicly available a report describing the state of levees in the United States and the effectiveness of the levee safety initiative, including— (A) progress achieved in implementing the levee safety initiative; (B) State and tribal participation in the levee safety initiative; (C) recommendations to improve coordination of levee safety, floodplain management, and environmental protection concerns, including— (i) identifying and evaluating opportunities to coordinate public safety, floodplain management, and environmental protection activities relating to levees; and (ii) evaluating opportunities to coordinate environmental permitting processes for operation and maintenance activities at existing levee projects in compliance with all applicable laws; and (D) any recommendations for legislation and other congressional actions necessary to ensure national levee safety. (2) Inclusion Each report under paragraph (1) shall include a report of the committee that describes the independent recommendations of the committee for the implementation of the levee safety initiative. (b) National dam and levee safety program Not later than 3 years after the date of enactment of this subsection, to the maximum extent practicable, the Secretary and the Administrator, in coordination with the committee, shall submit to Congress and make publicly available a report that includes recommendations regarding the advisability and feasibility of, and potential approaches for, establishing a joint national dam and levee safety program. (c) Alignment of federal programs relating to levees Not later than 2 years after the date of enactment of this subsection, the Comptroller General of the United States shall submit to Congress a report on opportunities for alignment of Federal programs to provide incentives to State, tribal, and local governments and individuals and entities— (1) to promote shared responsibility for levee safety; (2) to encourage the development of strong State and tribal levee safety programs; (3) to better align the levee safety initiative with other Federal flood risk management programs; and (4) to promote increased levee safety through other Federal programs providing assistance to State and local governments. (d) Liability for certain levee engineering projects Not later than 1 year after the date of enactment of this subsection, the Secretary shall submit to Congress and make publicly available a report that includes recommendations that identify and address any legal liability associated with levee engineering projects that prevent— (1) levee owners from obtaining needed levee engineering services; or (2) development and implementation of a State or tribal levee safety program. . (f) Authorization of appropriations Section 9008 of the Water Resources Development Act of 2007 (as redesignated by subsection (e)(1)) is amended— (1) by striking are and inserting is ; and (2) by striking Secretary and all that follows through the period at the end and inserting the following: Secretary— (1) to carry out sections 9003, 9005(c), 9005(d), 9005(e), and 9005(f), $4,000,000 for each of fiscal years 2015 through 2019; (2) to carry out section 9004, $20,000,000 for each of fiscal years 2015 through 2019; and (3) to carry out section 9005(h), $30,000,000 for each of fiscal years 2015 through 2019. . 3017. Rehabilitation of existing levees (a) In general The Secretary shall carry out measures that address consolidation, settlement, subsidence, sea level rise, and new datum to restore federally authorized hurricane and storm damage reduction projects that were constructed as of the date of enactment of this Act to the authorized levels of protection of the projects if the Secretary determines the necessary work is technically feasible, environmentally acceptable, and economically justified. (b) Limitation This section shall only apply to those projects for which the executed project partnership agreement provides that the non-Federal interest is not required to perform future measures to restore the project to the authorized level of protection of the project to account for subsidence and sea-level rise as part of the operation, maintenance, repair, replacement, and rehabilitation responsibilities. (c) Cost share (1) In general The non-Federal share of the cost of construction of a project carried out under this section shall be determined as provided in subsections (a) through (d) of section 103 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213 ). (2) Certain activities The non-Federal share of the cost of operations, maintenance, repair, replacement, and rehabilitation for a project carried out under this section shall be 100 percent. (d) Report to congress Not later than 5 years after the date of enactment of this Act, the Secretary shall include in the annual report developed under section 7001— (1) any recommendations relating to the continued need for the authority provided under this section; (2) a description of the measures carried out under this section; (3) any lessons learned relating to the measures implemented under this section; and (4) best practices for carrying out measures to restore hurricane and storm damage reduction projects. (e) Termination of authority The authority of the Secretary under this subsection terminates on the date that is 10 years after the date of enactment of this Act. C Additional safety improvements and risk reduction measures 3021. Use of innovative materials Section 8(d) of the Water Resources Development Act of 1988 ( 33 U.S.C. 2314 ) is amended by striking materials and all that follows through the period at the end and inserting methods, or materials, including roller compacted concrete, geosynthetic materials, and advanced composites, that the Secretary determines are appropriate to carry out this section. . 3022. Durability, sustainability, and resilience In carrying out the activities of the Corps of Engineers, the Secretary, to the maximum extent practicable, shall encourage the use of durable and sustainable materials and resilient construction techniques that— (1) allow a water resources infrastructure project— (A) to resist hazards due to a major disaster; and (B) to continue to serve the primary function of the water resources infrastructure project following a major disaster; (2) reduce the magnitude or duration of a disruptive event to a water resources infrastructure project; and (3) have the absorptive capacity, adaptive capacity, and recoverability to withstand a potentially disruptive event. 3023. 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 Commerce, shall enter into an arrangement with the National Academy of Sciences to carry out a study and make recommendations relating to infrastructure and coastal restoration options for reducing risk to human life and property from extreme weather events, such as hurricanes, coastal storms, and inland flooding. (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 approaches and mechanisms for ecosystem protection and identification of natural resources likely to have the greatest need for protection, restoration, and conservation so that the infrastructure and restoration projects can continue safeguarding the communities in, and sustaining the economy of, the United States; (4) an estimation of the funding necessary to improve infrastructure in the United States to reduce risk associated with extreme weather events; (5) an analysis of the adequacy of current funding sources and the identification of potential new funding sources to finance the necessary infrastructure improvements referred to in paragraph (3); and (6) an analysis of the Federal, State, and local costs of natural disasters and the potential cost-savings associated with implementing mitigation measures. (c) Coordination The National Academy of Sciences may cooperate with the National Academy of Public Administration to carry out 1 or more aspects of the study under subsection (a). (d) Publication Not later than 30 days after completion 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 publicly accessible Internet site. 3024. 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 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 study of the strategies used by the Corps of Engineers for the comprehensive 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 respond to historical drought, storm, and flood events. (b) Considerations The study under subsection (a) shall address— (1) the extent to which existing water management 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, including dams, levees, floodwalls, flood gates, and other appurtenant infrastructure were designed to adequately address flood, storm, and drought impacts and the extent to which the water resources projects have been successful at addressing those impacts; (3) any recommendations for approaches for repairing, rebuilding, or restoring infrastructure, land, and natural resources that consider the risks and vulnerabilities associated with past and future extreme weather events; (4) whether a reevaluation of existing management approaches of the Corps of Engineers could result in greater efficiencies in water management and project delivery that would enable the Corps of Engineers to better prepare for, contain, and respond to flood, storm, and drought conditions; (5) any recommendations for improving the planning processes of the Corps of Engineers to provide opportunities for comprehensive management of water resources that increases efficiency and improves response to flood, storm, and drought conditions; (6) any recommendations on the use of resilient construction techniques to reduce future vulnerability from flood, storm, and drought conditions; and (7) any recommendations for improving approaches to rebuilding or restoring infrastructure and natural resources that contribute to risk reduction, such as coastal wetlands, to prepare for flood and drought. 3025. Post-disaster watershed assessments (a) Watershed assessments (1) In general In an area that the President has declared a major disaster in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ), the Secretary may carry out a watershed assessment to identify, to the maximum extent practicable, specific flood risk reduction, hurricane and storm damage reduction, ecosystem restoration, or navigation project recommendations that will help to rehabilitate and improve 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 assessment carried out paragraph (1) may identify existing projects being carried out under 1 or more of the authorities 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 assessments and related information developed by the Secretary or other Federal, State, or local entities. (b) Projects (1) In general The Secretary may carry out projects identified under a watershed assessment under subsection (a) in accordance with the criteria for projects carried out under one of the following authorities: (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 Development Act of 1996 ( 33 U.S.C. 2330 ). (D) Section 1135 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2309a ). (E) Section 107 of the River and Harbor Act of 1960 ( 33 U.S.C. 577 ). (F) Section 3 of the Act of August 13, 1946 ( 33 U.S.C. 426g ). (2) Annual plan For each project that does not meet the criteria under paragraph (1), the Secretary shall include a recommendation relating to the project in the annual report submitted to Congress by the Secretary in accordance with section 7001. (3) 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 completed for the project prior to the disaster to be repeated. (c) Requirements All requirements applicable to a project under the Acts described in subsection (b) shall apply to the project. (d) Limitations on assessments 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. 3026. Hurricane and storm damage reduction study (a) In general As part of the study for flood and storm damage reduction related to natural disasters to be carried out by the Secretary under title II of division A of the Disaster Relief Appropriations Act, 2013, under the heading Department of the Army—Corps of Engineers—Civil—Investigations (127 Stat. 5), the Secretary shall make specific project recommendations. (b) Consultation In making recommendations pursuant to this section, the Secretary may consult with key stakeholders, including State, county, and city governments, and, as applicable, State and local water districts, and in the case of recommendations concerning projects that substantially affect communities served by historically Black colleges and universities, Tribal Colleges and Universities, and other minority-serving institutions, the Secretary shall consult with those colleges, universities, and institutions. (c) Report The Secretary shall include any recommendations of the Secretary under this section in the annual report submitted to Congress by the Secretary in accordance with section 7001. 3027. Emergency communication of risk (a) Definitions In this section: (1) Affected government The term affected government means a State, local, or tribal government with jurisdiction over an area that will be affected by a flood. (2) Annual operating plan The term annual operating plan means a plan prepared by the Secretary that describes potential water condition scenarios for a river basin for a year. (b) Communication In any river basin where the Secretary carries out flood risk management activities subject to an annual operating plan, the Secretary shall establish procedures for providing the public and affected governments, including Indian tribes, in the river basin with— (1) timely information regarding expected water levels; (2) advice regarding appropriate preparedness actions; (3) technical assistance; and (4) any other information or assistance determined appropriate by the Secretary. (c) Public availability of information To the maximum extent practicable, the Secretary, in coordination with the Administrator of the Federal Emergency Management Agency, shall make the information required under subsection (b) available to the public through widely used and readily available means, including on the Internet. (d) Procedures The Secretary shall use the procedures established under subsection (b) only when precipitation or runoff exceeds those calculations considered as the lowest risk to life and property contemplated by the annual operating plan. 3028. Safety assurance review Section 2035 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2344 ) is amended by adding at the end the following: (g) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to a safety assurance review conducted under this section. . 3029. Emergency response to natural disasters (a) Emergency response to natural disasters Section 5(a)(1) of the Act of August 18, 1941 ( 33 U.S.C. 701n(a)(1) ), is amended in the first sentence— (1) by inserting and subject to the condition that the Chief of Engineers may include modifications to the structure or project after work for flood control ; and (2) by striking structure damaged or destroyed by wind, wave, or water action of other than an ordinary nature when in the discretion of the Chief of Engineers such repair and restoration is warranted for the adequate functioning of the structure for hurricane or shore protection and inserting structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to the design level of protection when, in the discretion of the Chief of Engineers, such repair and restoration is warranted for the adequate functioning of the structure or project for hurricane or shore protection, subject to the condition that the Chief of Engineers may include modifications to the structure or project to address major deficiencies or implement nonstructural alternatives to the repair or restoration of the structure if requested by the non-Federal sponsor . (b) Review of emergency response authorities (1) In general The Secretary shall undertake a review of implementation of section 5 of the Act of August 18, 1941 ( 33 U.S.C. 701n ), to evaluate the alternatives available to the Secretary to ensure— (A) the safety of affected communities to future flooding and storm events; (B) the resiliency of water resources development projects to future flooding and storm events; (C) the long-term cost-effectiveness of water resources development projects that provide flood control and hurricane and storm damage reduction benefits; and (D) the policy goals and objectives that have been outlined by the President as a response to recent extreme weather events, including Hurricane Sandy, that relate to preparing for future floods are met. (2) Scope of review In carrying out the review, the Secretary shall— (A) review the historical precedents and implementation of section 5 of that Act, including those actions undertaken by the Secretary, over time, under that section— (i) to repair or restore a project; and (ii) to increase the level of protection for a damaged project to address future conditions; (B) evaluate the difference between adopting, as an appropriate standard under section 5 of that Act, the repair or restoration of a project to pre-flood or pre-storm levels and the repair or restoration of a project to a design level of protection, including an assessment for each standard of— (i) the implications on populations at risk of flooding or damage; (ii) the implications on probability of loss of life; (iii) the implications on property values at risk of flooding or damage; (iv) the implications on probability of increased property damage and associated costs; (v) the implications on local and regional economies; and (vi) the estimated total cost and estimated cost savings; (C) review and evaluate the historic and potential uses, and economic feasibility for the life of the project, of nonstructural alternatives, including natural features such as dunes, coastal wetlands, floodplains, marshes, and mangroves, to reduce the damage caused by floods, storm surges, winds, and other aspects of extreme weather events, and to increase the resiliency and long-term cost-effectiveness of water resources development projects; (D) incorporate the science on expected rates of sea-level rise and extreme weather events; (E) incorporate the work completed by the Hurricane Sandy Rebuilding Task Force, established by Executive Order No. 13632 (77 Fed. Reg. 74341); and (F) review the information obtained from the report developed under subsection (c)(1). (c) Reports (1) Biennial report to congress (A) In general Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report detailing the amounts expended in the previous 5 fiscal years to carry out Corps of Engineers projects under section 5 of the Act of August 18, 1941 ( 33 U.S.C. 701n ). (B) Inclusions A report under subparagraph (A) shall, at a minimum, include a description of— (i) each structure, feature, or project for which amounts are expended, including the type of structure, feature, or project and cost of the work; and (ii) how the Secretary has repaired, restored, replaced, or modified each structure, feature, or project or intends to restore the structure, feature, or project to the design level of protection for the structure, feature, or project. (2) Report on review of emergency response authorities Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report on the results of the review under subsection (b). IV River Basins and Coastal Areas 4001. River basin commissions Section 5019 of the Water Resources Development Act of 2007 (121 Stat. 1201) is amended by striking subsection (b) and inserting the following: (b) Authorization To allocate (1) In general The Secretary shall allocate funds to the Susquehanna River Basin Commission, the Delaware River Basin Commission, and the Interstate Commission on the Potomac River Basin to fulfill the equitable funding requirements of the respective interstate compacts. (2) Amounts For each fiscal year, the Secretary shall allocate to each Commission described in paragraph (1) an amount equal to the amount determined by the Commission in accordance with the respective interstate compact approved by Congress. (3) Notification If the Secretary does not allocate funds for a given fiscal year in accordance with paragraph (2), the Secretary, in conjunction with the subsequent submission by the President of the budget to Congress under section 1105(a) of title 31, United States Code, 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 notice that describes— (A) the reasons why the Secretary did not allocate funds in accordance with paragraph (2) for that fiscal year; and (B) the impact of that decision not to allocate funds on each area of jurisdiction of each Commission described in paragraph (1), including with respect to— (i) water supply allocation; (ii) water quality protection; (iii) regulatory review and permitting; (iv) water conservation; (v) watershed planning; (vi) drought management; (vii) flood loss reduction; (viii) recreation; and (ix) energy development. . 4002. Mississippi River (a) Mississippi River forecasting improvements (1) In general The Secretary, in consultation with the Secretary of the department in which the Coast Guard is operating, the Director of the United States Geological Survey, the Administrator of the National Oceanic and Atmospheric Administration, and the Director of the National Weather Service, as applicable, shall improve forecasting on the Mississippi River by— (A) updating forecasting technology deployed on the Mississippi River and its tributaries through— (i) the construction of additional automated river gages; (ii) the rehabilitation of existing automated and manual river gages; and (iii) the replacement of manual river gages with automated gages, as the Secretary determines to be necessary; (B) constructing additional sedimentation ranges on the Mississippi River and its tributaries; and (C) deploying additional automatic identification system base stations at river gage sites. (2) Prioritization In carrying out this subsection, the Secretary shall prioritize the sections of the Mississippi River on which additional and more reliable information would have the greatest impact on maintaining navigation on the Mississippi River. (3) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress and make publicly available a report on the activities carried out by the Secretary under this subsection. (b) Middle Mississippi River pilot program (1) In general In accordance with the project for navigation, Mississippi River between the Ohio and Missouri Rivers (Regulating Works), Missouri and Illinois, authorized by the Act of June 25, 1910 (36 Stat. 631, chapter 382) (commonly known as the River and Harbor Act of 1910 ), the Act of January 1, 1927 (44 Stat. 1010, chapter 47) (commonly known as the River and Harbor Act of 1927 ), and the Act of July 3, 1930 (46 Stat. 918, chapter 847), the Secretary may study improvements to navigation and aquatic ecosystem restoration in the middle Mississippi River. (2) Disposition (A) In general The Secretary may carry out any project identified pursuant to paragraph (1) in accordance with the criteria for projects carried out under one of the following authorities: (i) Section 206 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330 ). (ii) Section 1135 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2309a ). (iii) Section 107 of the River and Harbor Act of 1960 ( 33 U.S.C. 577 ). (iv) Section 104(a) of the River and Harbor Act of 1958 ( 33 U.S.C. 610(a) ). (B) Report For each project that does not meet the criteria under subparagraph (A), the Secretary shall include a recommendation relating to the project in the annual report submitted to Congress by the Secretary in accordance with section 7001. (c) Greater Mississippi River Basin severe flooding and drought management study (1) Definition of greater Mississippi River Basin In this subsection, the term greater Mississippi River Basin means the area covered by hydrologic units 5, 6, 7, 8, 10, and 11, as identified by the United States Geological Survey as of the date of enactment of this Act. (2) In general The Secretary shall carry out a study of the greater Mississippi River Basin— (A) to improve the coordinated and comprehensive management of water resource projects in the greater Mississippi River Basin relating to severe flooding and drought conditions; and (B) to identify and evaluate— (i) modifications to those water resource projects, consistent with the authorized purposes of those projects; and (ii) the development of new water resource projects to improve the reliability of navigation and more effectively reduce flood risk. (3) Report Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress and make publicly available a report on the study carried out under this subsection. (4) Savings clause Nothing in this subsection impacts the operations and maintenance of the Missouri River Mainstem System, as authorized by the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 )(58 Stat. 897, chapter 665). (d) Flexibility in maintaining navigation (1) Extreme low water event defined In this subsection, the term extreme low water event means an extended period of time during which low water threatens the safe commercial use of the Mississippi River for navigation, including the use and availability of fleeting areas. (2) Report on areas for action (A) In general Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of the department in which the Coast Guard is operating, shall complete and make publicly available a report identifying areas that are unsafe and unreliable for commercial navigation during extreme low water events along the authorized Federal navigation channel on the Mississippi River and measures to address those restrictions. (B) Inclusions The report under subparagraph (A) shall— (i) consider data from the most recent extreme low water events that impacted navigation along the authorized Federal navigation channel on the Mississippi River; (ii) identify locations for potential modifications, including improvements outside the authorized navigation channel, that will alleviate hazards at areas that constrain navigation during extreme low water events along the authorized Federal navigation channel on the Mississippi River; and (iii) include recommendations for possible actions to address constrained navigation during extreme low water events. (3) Authorized activities If the Secretary, in consultation with the Secretary of the department in which the Coast Guard is operating, determines it to be critical to maintaining safe and reliable navigation within the authorized Federal navigation channel on the Mississippi River, the Secretary may carry out activities outside the authorized Federal navigation channel along the Mississippi River, including the construction and operation of maintenance of fleeting areas, that— (A) are necessary for safe and reliable navigation in the Federal channel; and (B) have been identified in the report under paragraph (2). (4) Restriction The Secretary shall only carry out activities authorized under paragraph (3) for such period of time as is necessary to maintain reliable navigation during the extreme low water event. (5) Notification Not later than 60 days after initiating an activity under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a notice that includes— (A) a description of the activities undertaken, including the costs associated with the activities; and (B) a comprehensive description of how the activities are necessary for maintaining safe and reliable navigation of the Federal channel. 4003. Missouri River (a) Upper Missouri Basin flood and drought monitoring (1) In general The Secretary, in coordination with the Administrator of the National Oceanic and Atmospheric Administration, the Chief of the Natural Resources Conservation Service, the Director of the United States Geological Survey, and the Commissioner of the Bureau of Reclamation, shall carry out activities to improve and support management of Corps of Engineers water resources development projects, including— (A) soil moisture and snowpack monitoring in the Upper Missouri River Basin to reduce flood risk and improve river and water resource management in the Upper Missouri River Basin, as outlined in the February 2013 report entitled Upper Missouri Basin Monitoring Committee—Snow Sampling and Instrumentation Recommendations ; (B) restoring and maintaining existing mid- and high-elevation snowpack monitoring sites operated under the SNOTEL program of the Natural Resources Conservation Service; and (C) operating streamflow gages and related interpretive studies in the Upper Missouri River Basin under the cooperative water program and the national streamflow information program of the United States Geological Service. (2) Use of funds Amounts made available to the Secretary to carry out activities under this subsection shall be used to supplement but not supplant other related activities of Federal agencies that are carried out within the Missouri River Basin. (3) Cooperative agreements (A) In general The Secretary may enter into cooperative agreements with other Federal agencies to carry out this subsection. (B) Maintenance of effort The Secretary may only enter into a cooperative agreement with another Federal agency under this paragraph if such agreement specifies that the agency will maintain aggregate expenditures in the Missouri River Basin for existing programs that implement activities described in paragraph (1) at a level that is equal to or exceeds the aggregate expenditures for the fiscal year immediately preceding the fiscal year in which such agreement is signed. (4) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the Secretary, shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that— (A) identifies progress made by the Secretary and other Federal agencies in implementing the recommendations contained in the report described in paragraph (1)(A) with respect to enhancing soil moisture and snowpack monitoring in the Upper Missouri Basin; (B) includes recommendations— (i) to enhance soil moisture and snowpack monitoring in the Upper Missouri Basin that would enhance water resources management, including managing flood risk, in that basin; and (ii) on the most efficient manner of collecting and sharing data to assist Federal agencies with water resources management responsibilities; (C) identifies the expected costs and timeline for implementing the recommendations described in subparagraph (B)(i); and (D) identifies the role of States and other Federal agencies in gathering necessary soil moisture and snowpack monitoring data. (b) Missouri River between Fort Peck Dam, Montana and Gavins Point Dam, South Dakota and Nebraska Section 9(f) of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 891, chapter 665; 102 Stat. 4031) is amended in the second sentence by striking $3,000,000 and inserting $5,000,000 . (c) Missouri River Recovery Implementation Committee expenses reimbursement Section 5018(b)(5) of the Water Resources Development Act of 2007 (121 Stat. 1200) is amended by striking subparagraph (B) and inserting the following: (B) Travel expenses Subject to the availability of funds, the Secretary may reimburse a member of the Committee for travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of a Federal agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in performance of services for the Committee. . (d) Upper Missouri shoreline stabilization (1) In general The Secretary shall conduct a study to determine the feasibility of carrying out projects to address shoreline erosion in the Upper Missouri River Basin (including the States of South Dakota, North Dakota, and Montana) resulting from the operation of a reservoir constructed under the Pick-Sloan Missouri River Basin Program (authorized by section 9 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 891, chapter 665)). (2) Contents The study carried out under paragraph (1) shall, to the maximum extent practicable— (A) use previous assessments completed by the Corps of Engineers or other Federal agencies; and (B) assess the infrastructure needed to— (i) reduce shoreline erosion; (ii) mitigate additional loss of land; (iii) contribute to environmental and ecosystem improvement; and (iv) protect existing community infrastructure, including roads and water and waste-water related infrastructure. (3) Disposition The Secretary may carry out projects identified in the study under paragraph (1) in accordance with the criteria for projects carried out under section 14 of the Flood Control Act of 1946 ( 33 U.S.C. 701r ). (4) Annual report For each project identified in the study under paragraph (1) that cannot be carried out under any of the authorities specified in paragraph (3), upon determination by the Secretary of the feasibility of the project, the Secretary may include a recommendation relating to the project in the annual report submitted to Congress under section 7001. (5) Coordination In carrying out this subsection, the Secretary shall consult and coordinate with the appropriate State or tribal agency for the area in which the project is located. (6) Payment options The Secretary shall allow the full non-Federal contribution for a project under this subsection to be paid in accordance with section 103(k) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213(k) ). (e) Missouri River fish and wildlife mitigation The Secretary shall include in the first budget of the United States Government submitted by the President under section 1105 of title 31, United States Code, after the date of enactment of this Act, and biennially thereafter, a report that describes activities carried out by the Secretary relating to the project for mitigation of fish and wildlife losses, Missouri River Bank Stabilization and Navigation Project, Missouri, Kansas, Iowa, and Nebraska, authorized by section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143), including— (1) an inventory of all actions taken by the Secretary in furtherance of the project, including an inventory of land owned or acquired by the Secretary; (2) a description, including a prioritization, of the specific actions proposed to be undertaken by the Secretary for the subsequent fiscal year in furtherance of the project; (3) an assessment of the progress made in furtherance of the project, including— (A) a description of how each of the actions identified under paragraph (1) have impacted the progress; and (B) the status of implementation of any applicable requirements of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), including any applicable biological opinions; and (4) an assessment of additional actions or authority necessary to achieve the results of the project. (f) Lower Yellowstone Section 3109 of the Water Resources Development Act of 2007 (121 Stat. 1135) is amended— (1) by striking The Secretary may and inserting the following: (a) In general The Secretary may ; and (2) by adding at the end the following: (b) Local participation In carrying out subsection (a), the Secretary shall consult with, and consider the activities being carried out by— (1) other Federal agencies; (2) conservation districts; (3) the Yellowstone River Conservation District Council; and (4) the State of Montana. . 4004. Arkansas River (a) Project Goal The goal for operation of the McClellan-Kerr Arkansas River navigation system, Arkansas and Oklahoma, shall be to maximize the use of the system in a balanced approach that incorporates advice from representatives from all project purposes to ensure that the full value of the system is realized by the United States. (b) McClellan-Kerr Arkansas River navigation system advisory committee (1) In general In accordance with the Federal Advisory Committee Act (5 U.S.C. App.), the Secretary shall establish an advisory committee for the McClellan-Kerr Arkansas River navigation system, Arkansas and Oklahoma project authorized by the first section of the Act of July 24, 1946 (60 Stat. 635, chapter 595). (2) Duties The advisory committee shall— (A) serve in an advisory capacity only; and (B) provide information and recommendations to the Corps of Engineers relating to the efficiency, reliability, and availability of the operations of the McClellan-Kerr Arkansas River navigation system. (3) Selection and composition The advisory committee shall be— (A) selected jointly by the Little Rock district engineer and the Tulsa district engineer; and (B) composed of members that equally represent the McClellan-Kerr Arkansas River navigation system project purposes. (4) Agency resources The Little Rock district and the Tulsa district of the Corps of Engineers, under the supervision of the southwestern division, shall jointly provide the advisory committee with adequate staff assistance, facilities, and resources. (5) Termination (A) In general Subject to subparagraph (B), the advisory committee shall terminate on the date on which the Secretary submits a report to Congress demonstrating increases in the efficiency, reliability, and availability of the McClellan-Kerr Arkansas River navigation system. (B) Restriction The advisory committee shall terminate not less than 2 calendar years after the date on which the advisory committee is established. 4005. Columbia Basin Section 536(g) of the Water Resources Development Act of 2000 (114 Stat. 2661) is amended by striking $30,000,000 and inserting $50,000,000 . 4006. Rio Grande Section 5056 of the Water Resources Development Act of 2007 (121 Stat. 1213) is amended— (1) in subsection (b)(2)— (A) in the matter preceding subparagraph (A), by striking 2008 and inserting 2014 ; and (B) in subparagraph (C), by inserting and an assessment of needs for other related purposes in the Rio Grande Basin, including flood damage reduction after assessment ; (2) in subsection (c)(2)— (A) by striking an interagency agreement with and inserting 1 or more interagency agreements with the Secretary of State and ; and (B) by inserting or the U.S. Section of the International Boundary and Water Commission after the Department of the Interior ; and (3) in subsection (f), by striking 2011 and inserting 2019 . 4007. Northern Rockies headwaters (a) In general The Secretary shall conduct a study to determine the feasibility of carrying out projects for aquatic ecosystem restoration and flood risk reduction that will mitigate the impacts of extreme weather events, including floods and droughts, on communities, water users, and fish and wildlife located in and along the headwaters of the Columbia, Missouri, and Yellowstone Rivers (including the tributaries of those rivers) in the States of Idaho and Montana. (b) Inclusions The study under subsection (a) shall, to the maximum extent practicable— (1) emphasize the protection and enhancement of natural riverine processes; and (2) assess the individual and cumulative needs associated with— (A) floodplain restoration and reconnection; (B) floodplain and riparian area protection through the use of conservation easements; (C) instream flow restoration projects; (D) fish passage improvements; (E) channel migration zone mapping; and (F) invasive weed management. (c) Disposition (1) In general The Secretary may carry out any project identified in the study pursuant to subsection (a) in accordance with the criteria for projects carried out under one of the following authorities: (A) Section 206 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330 ). (B) Section 1135 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2309a ). (C) Section 104(a) of the River and Harbor Act of 1958 ( 33 U.S.C. 610(a) ). (D) Section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s ). (2) Report For each project that does not meet the criteria under paragraph (1), the Secretary shall include a recommendation relating to the project in the annual report submitted to Congress by the Secretary in accordance with section 7001. (d) Coordination In carrying out this section, the Secretary— (1) shall consult and coordinate with the appropriate agency for each State and Indian tribe; and (2) may enter into cooperative agreements with those State or tribal agencies described in paragraph (1). (e) Limitations Nothing in this section invalidates, preempts, or creates any exception to State water law, State water rights, or Federal or State permitted activities or agreements in the States of Idaho and Montana or any State containing tributaries to rivers in those States. 4008. Rural Western water Section 595 of the Water Resources Development Act of 1999 (113 Stat. 383) is amended— (1) by striking subsection (c) and inserting the following: (c) Form of assistance Assistance under this section may be in the form of— (1) design and construction assistance for water-related environmental infrastructure and resource protection and development in Idaho, Montana, rural Nevada, New Mexico, rural Utah, and Wyoming, including projects for— (A) wastewater treatment and related facilities; (B) water supply and related facilities; (C) environmental restoration; and (D) surface water resource protection and development; and (2) technical assistance to small and rural communities for water planning and issues relating to access to water resources. ; and (2) by striking subsection (h) and inserting the following: (h) Authorization of appropriations There is authorized to be appropriated to carry out this section for the period beginning with fiscal year 2001, $435,000,000, which shall— (1) be made available to the States and locales described in subsection (b) consistent with program priorities determined by the Secretary in accordance with criteria developed by the Secretary to establish the program priorities; and (2) remain available until expended. . 4009. North Atlantic Coastal Region (a) In general The Secretary shall conduct a study to determine the feasibility of carrying out projects to restore aquatic ecosystems within the coastal waters of the Northeastern United States from the State of Virginia to the State of Maine, including associated bays, estuaries, and critical riverine areas. (b) Study In carrying out the study under subsection (a), the Secretary shall— (1) as appropriate, coordinate with the heads of other appropriate Federal agencies, the Governors of the coastal States from Virginia to Maine, nonprofit organizations, and other interested parties; (2) identify projects for aquatic ecosystem restoration based on an assessment of the need and opportunities for aquatic ecosystem restoration within the coastal waters of the Northeastern States described in subsection (a); and (3) use, to the maximum extent practicable, any existing plans and data. (c) Disposition (1) In general The Secretary may carry out any project identified in the study pursuant to subsection (a) in accordance with the criteria for projects carried out under one of the following authorities: (A) Section 206 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330 ). (B) Section 1135 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2309a ). (C) Section 3 of the Act of August 13, 1946 ( 33 U.S.C. 426g ). (D) Section 204 of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326 ). (2) Report For each project that does not meet the criteria under paragraph (1), the Secretary shall include a recommendation relating to the project in the annual report submitted to Congress by the Secretary in accordance with section 7001. 4010. Chesapeake Bay (a) In general Section 510 of the Water Resources Development Act of 1996 ( Public Law 104–303 ; 110 Stat. 3759; 121 Stat. 1202) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking pilot program and inserting program ; and (ii) by inserting in the basin States described in subsection (f) and the District of Columbia after interests ; and (B) by striking paragraph (2) and inserting the following: (2) Form The assistance under paragraph (1) shall be in the form of design and construction assistance for water-related resource protection and restoration projects affecting the Chesapeake Bay estuary, based on the comprehensive plan under subsection (b), including projects for— (A) sediment and erosion control; (B) protection of eroding shorelines; (C) ecosystem restoration, including restoration of submerged aquatic vegetation; (D) protection of essential public works; (E) beneficial uses of dredged material; and (F) other related projects that may enhance the living resources of the estuary. ; (2) by striking subsection (b) and inserting the following: (b) Comprehensive plan (1) In general Not later than 2 years after the date of enactment of the Water Resources Reform and Development Act of 2014 , the Secretary, in cooperation with State and local governmental officials and affected stakeholders, shall develop a comprehensive Chesapeake Bay restoration plan to guide the implementation of projects under subsection (a)(2). (2) Coordination The restoration plan described in paragraph (1) shall, to the maximum extent practicable, consider and avoid duplication of any ongoing or planned actions of other Federal, State, and local agencies and nongovernmental organizations. (3) Prioritization The restoration plan described in paragraph (1) shall give priority to projects eligible under subsection (a)(2) that will also improve water quality or quantity or use natural hydrological features and systems. ; (3) in subsection (c)— (A) in paragraph (1), by striking to provide and all that follows through the period at the end and inserting for the design and construction of a project carried out pursuant to the comprehensive Chesapeake Bay restoration plan described in subsection (b). ; (B) in paragraph (2)(A), by striking facilities or resource protection and development plan and inserting resource protection and restoration plan ; and (C) by adding at the end the following: (3) Projects on Federal land A project carried out pursuant to the comprehensive Chesapeake Bay restoration plan described in subsection (b) that is located on Federal land shall be carried out at the expense of the Federal agency that owns the land on which the project will be a carried out. (4) Non-Federal contributions A Federal agency carrying out a project described in paragraph (3) may accept contributions of funds from non-Federal entities to carry out that project. ; (4) by striking subsection (e) and inserting the following: (e) Cooperation In carrying out this section, the Secretary shall cooperate with— (1) the heads of appropriate Federal agencies, including— (A) the Administrator of the Environmental Protection Agency; (B) the Secretary of Commerce, acting through the Administrator of the National Oceanographic and Atmospheric Administration; (C) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and (D) the heads of such other Federal agencies as the Secretary determines to be appropriate; and (2) agencies of a State or political subdivision of a State, including the Chesapeake Bay Commission. ; (5) by striking subsection (f) and inserting the following: (f) Projects The Secretary shall establish, to the maximum extent practicable, at least 1 project under this section in— (1) regions within the Chesapeake Bay watershed of each of the basin States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia; and (2) the District of Columbia. ; (6) by striking subsection (h); and (7) by redesignating subsection (i) as subsection (h). (b) Chesapeake Bay oyster restoration Section 704(b) of Water Resources Development Act of 1986 ( 33 U.S.C. 2263(b) ) is amended— (1) in paragraph (1), by striking $50,000,000 and inserting $60,000,000 ; and (2) in paragraph (4), by striking subparagraph (B) and inserting the following: (B) Form The non-Federal share may be provided through in-kind services, including— (i) the provision by the non-Federal interest of shell stock material that is determined by the Secretary to be suitable for use in carrying out the project; and (ii) in the case of a project carried out under paragraph (2)(D) after the date of enactment of this clause, land conservation or restoration efforts undertaken by the non-Federal interest that the Secretary determines provide water quality benefits that— (I) enhance the viability of oyster restoration efforts; (II) are integral to the project; and (III) are cost effective. . 4011. Louisiana coastal area (a) Review of coastal master plan Section 7002(c) of the Water Resources Development Act of 2007 (121 Stat. 1271) is amended by inserting , or the plan entitled Louisiana Comprehensive Master Plan for a Sustainable Coast prepared by the State of Louisiana and accepted by the Louisiana Coastal Protection and Restoration Authority (including any subsequent amendments or revisions) before the period at the end. (b) Interim use of plan (1) Definitions In this subsection: (A) Annual report The term annual report has the meaning given the term in section 7001(f). (B) Feasibility report; feasibility study The terms feasibility report and feasibility study have the meanings given those terms in section 7001(f). (2) Review The Secretary shall— (A) review the plan entitled ‘Louisiana’s Comprehensive Master Plan for a Sustainable Coast’ prepared by the State of Louisiana and accepted by the Louisiana Coastal Protection and Restoration Authority Board (including any subsequent amendments or revisions); and (B) in consultation with the State of Louisiana, identify and conduct feasibility studies for up to 10 projects included in the plan described in subparagraph (A). (3) Recommendations The Secretary shall include in the subsequent annual report, in accordance with section 7001— (A) any proposed feasibility study initiated under paragraph (2)(B); and (B) any feasibility report for a project identified under paragraph (2)(B). (4) Administration Section 7008 of the Water Resources Development Act of 2007 (121 Stat. 1278) shall not apply to any feasibility study carried out under this subsection. (c) Science and technology Section 7006(a)(2) of the Water Resources Development Act of 2007 (121 Stat. 1274) is amended— (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (2) by inserting after subparagraph (B) the following: (C) to examine a systemwide approach to coastal sustainability; . 4012. Red River Basin (a) In general In the case of a reservoir located within the Red River Basin for which the Department of the Army is authorized to provide for municipal and industrial water supply storage and irrigation storage, the Secretary may reassign unused irrigation storage to storage for municipal and industrial water supply for use by a State or local interest that has entered into an agreement with the Secretary for water supply storage at that reservoir prior to the date of enactment of this Act. (b) Administration Any assignment under subsection (a) shall be subject to such terms and conditions as the Secretary determines to be appropriate and necessary in the public interest. 4013. Technical corrections (a) Raritan River Section 102 of the Energy and Water Development Appropriations Act, 1998 ( Public Law 105–62 ; 111 Stat. 1327), is repealed. (b) Des Moines, Boone, and Raccoon Rivers The boundaries for the project referred to as the Des Moines Recreational River and Greenbelt, Iowa, under the heading Corps of Engineers—Civil under the heading Department of the Army under the heading Department of Defense—Civil in chapter IV of title I of the Supplemental Appropriations Act, 1985 (99 Stat. 313), are revised to include the entirety of sections 19 and 29, situated in T. 89 N., R. 28 W. (c) South Florida coastal area Section 109 of title I of division B of the Miscellaneous Appropriations Act, 2001 (114 Stat. 2763A–221; 121 Stat. 1217) is amended— (1) in subsection (a), by inserting and unincorporated communities after municipalities ; (2) by redesignating subsection (f) as subsection (g); and (3) by inserting after subsection (e) the following: (f) Priority In providing assistance under this section, the Secretary shall give priority to projects sponsored by current non-Federal interests, incorporated communities in Monroe County, Monroe County, and the State of Florida. . (d) Trinity River and tributaries Section 5141(a)(2) of the Water Resources Development Act of 2007 (121 Stat. 1253) is amended by inserting and the Interior Levee Drainage Study Phase–II report, Dallas, Texas, dated January 2009, after September 2006, . (e) Central and Southern Florida Canal (1) In general The Secretary shall consider any amounts and associated program income provided prior to the date of enactment of this Act by the Secretary of the Interior to the non-Federal interest for the acquisition of areas identified in section 316(b)(2) of the Water Resources Development Act of 1996 (110 Stat. 3715)— (A) as satisfying the requirements of that paragraph; and (B) as part of the Federal share of the cost of implementing the plan under that subsection. (2) Non-Federal cost share The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations provided for the project as part of the non-Federal share of the cost of implementing the plan under section 316(b)(2) of the Water Resources Development Act of 1996 (110 Stat. 3715). (3) Conforming amendment Section 316(b)(2) of the Water Resources Development Act of 1996 (110 Stat. 3715) is amended in the first sentence by striking shall pay and inserting may pay up to . (f) South Platte River watershed Section 116 of the Energy and Water Development and Related Agencies Appropriations Act, 2009 (123 Stat. 608) is amended in the matter preceding the proviso by inserting (or a designee of the Department) after Colorado Department of Natural Resources . (g) Potomac River Section 84(a) of the Water Resources Development Act of 1974 (88 Stat. 35) is amended by striking paragraph (1) and inserting the following: (1) A channel capacity sufficient to pass the 100-year flood event, as identified in the document entitled Four Mile Run Watershed Feasibility Report and dated January 2014. . 4014. Ocean and coastal resiliency (a) In General The Secretary shall conduct studies to determine the feasibility of carrying out Corps of Engineers projects in coastal zones to enhance ocean and coastal ecosystem resiliency. (b) Study In carrying out the study under subsection (a), the Secretary shall— (1) as appropriate, coordinate with the heads of other appropriate Federal agencies, the Governors and other chief executive officers of the coastal states, nonprofit organizations, and other interested parties; (2) identify Corps of Engineers projects in coastal zones for enhancing ocean and coastal ecosystem resiliency based on an assessment of the need and opportunities for, and feasibility of, the projects; (3) to the maximum extent practicable, use any existing Corps of Engineers plans and data; and (4) not later than 365 days after initial appropriations for this section, and every five years thereafter subject to the availability of appropriations, complete a study authorized under subsection (a). (c) Disposition (1) In general The Secretary may carry out a project identified in the study pursuant to subsection (a) in accordance with the criteria for projects carried out under one of the following authorities: (A) Section 206(a)–(d) of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330(a) –(d)). (B) Section 1135(a)–(g) and (i) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2309a(a) –(g) and (i)). (C) Section 3(a)–(b), and (c)(1) of the Act of August, 13 1946 ( 33 U.S.C. 426g(a) –(b), and (c)(1)). (D) Section 204(a)–(f) of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326(a) –(f)). (2) Report For each project that does not meet the criteria under paragraph (1), the Secretary shall include a recommendation relating to the project in the annual report submitted to Congress by the Secretary in accordance with section 7001. (d) Requests for Projects The Secretary may carry out a project for a coastal state under this section only at the request of the Governor or chief executive officer of the coastal state, as appropriate. (e) Definition In this section, the terms coastal zone and coastal state have the meanings given such terms in section 304 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453 ), as in effect on the date of enactment of this Act. V Water infrastructure financing A State Water Pollution Control Revolving Funds 5001. General authority for capitalization grants Section 601(a) of the Federal Water Pollution Control Act ( 33 U.S.C. 1381(a) ) is amended by striking for providing assistance and all that follows through the period at the end and inserting the following: to accomplish the objectives, goals, and policies of this Act by providing assistance for projects and activities identified in section 603(c). . 5002. Capitalization grant agreements Section 602(b) of the Federal Water Pollution Control Act ( 33 U.S.C. 1382(b) ) is amended— (1) in paragraph (6)— (A) by striking section 603(c)(1) of ; (B) by striking before fiscal and all that follows through grants under this title and and inserting with assistance made available by a State water pollution control revolving fund authorized under this title, or ; (C) by inserting , or both, after 205(m) of this Act ; and (D) by striking 201(b) and all that follows through 511(c)(1), and inserting 511(c)(1) ; (2) in paragraph (9), by striking standards; and and inserting standards, including standards relating to the reporting of infrastructure assets; ; (3) in paragraph (10), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: (11) the State will establish, maintain, invest, and credit the fund with repayments, such that the fund balance will be available in perpetuity for activities under this Act; (12) any fees charged by the State to recipients of assistance that are considered program income will be used for the purpose of financing the cost of administering the fund or financing projects or activities eligible for assistance from the fund; (13) beginning in fiscal year 2016, the State will require as a condition of providing assistance to a municipality or intermunicipal, interstate, or State agency that the recipient of such assistance certify, in a manner determined by the Governor of the State, that the recipient— (A) has studied and evaluated the cost and effectiveness of the processes, materials, techniques, and technologies for carrying out the proposed project or activity for which assistance is sought under this title; and (B) has selected, to the maximum extent practicable, a project or activity that maximizes the potential for efficient water use, reuse, recapture, and conservation, and energy conservation, taking into account— (i) the cost of constructing the project or activity; (ii) the cost of operating and maintaining the project or activity over the life of the project or activity; and (iii) the cost of replacing the project or activity; and (14) a contract to be carried out using funds directly made available by a capitalization grant under this title for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural related services shall be negotiated in the same manner as a contract for architectural and engineering services is negotiated under chapter 11 of title 40, United States Code, or an equivalent State qualifications-based requirement (as determined by the Governor of the State). . 5003. Water pollution control revolving loan funds Section 603 of the Federal Water Pollution Control Act ( 33 U.S.C. 1383 ) is amended— (1) by striking subsection (c) and inserting the following: (c) Projects and Activities Eligible for Assistance The amounts of funds available to each State water pollution control revolving fund shall be used only for providing financial assistance— (1) to any municipality or intermunicipal, interstate, or State agency for construction of publicly owned treatment works (as defined in section 212); (2) for the implementation of a management program established under section 319; (3) for development and implementation of a conservation and management plan under section 320; (4) for the construction, repair, or replacement of decentralized wastewater treatment systems that treat municipal wastewater or domestic sewage; (5) for measures to manage, reduce, treat, or recapture stormwater or subsurface drainage water; (6) to any municipality or intermunicipal, interstate, or State agency for measures to reduce the demand for publicly owned treatment works capacity through water conservation, efficiency, or reuse; (7) for the development and implementation of watershed projects meeting the criteria set forth in section 122; (8) to any municipality or intermunicipal, interstate, or State agency for measures to reduce the energy consumption needs for publicly owned treatment works; (9) for reusing or recycling wastewater, stormwater, or subsurface drainage water; (10) for measures to increase the security of publicly owned treatment works; and (11) to any qualified nonprofit entity, as determined by the Administrator, to provide assistance to owners and operators of small and medium publicly owned treatment works— (A) to plan, develop, and obtain financing for eligible projects under this subsection, including planning, design, and associated preconstruction activities; and (B) to assist such treatment works in achieving compliance with this Act. ; (2) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (A), by striking 20 years and inserting the lesser of 30 years and the projected useful life (as determined by the State) of the project to be financed with the proceeds of the loan ; (ii) in subparagraph (B), by striking not later than 20 years after project completion and inserting upon the expiration of the term of the loan ; (iii) in subparagraph (C), by striking and at the end; (iv) in subparagraph (D), by inserting and after the semicolon at the end; and (v) by adding at the end the following: (E) for a treatment works proposed for repair, replacement, or expansion, and eligible for assistance under subsection (c)(1), the recipient of a loan shall— (i) develop and implement a fiscal sustainability plan that includes— (I) an inventory of critical assets that are a part of the treatment works; (II) an evaluation of the condition and performance of inventoried assets or asset groupings; (III) a certification that the recipient has evaluated and will be implementing water and energy conservation efforts as part of the plan; and (IV) a plan for maintaining, repairing, and, as necessary, replacing the treatment works and a plan for funding such activities; or (ii) certify that the recipient has developed and implemented a plan that meets the requirements under clause (i); ; and (B) in paragraph (7), by inserting , $400,000 per year, or 1/5 percent per year of the current valuation of the fund, whichever amount is greatest, plus the amount of any fees collected by the State for such purpose regardless of the source before the period at the end; and (3) by adding at the end the following: (i) Additional Subsidization (1) In general In any case in which a State provides assistance to a municipality or intermunicipal, interstate, or State agency under subsection (d), the State may provide additional subsidization, including forgiveness of principal and negative interest loans— (A) to benefit a municipality that— (i) meets the affordability criteria of the State established under paragraph (2); or (ii) does not meet the affordability criteria of the State if the recipient— (I) seeks additional subsidization to benefit individual ratepayers in the residential user rate class; (II) demonstrates to the State that such ratepayers will experience a significant hardship from the increase in rates necessary to finance the project or activity for which assistance is sought; and (III) ensures, as part of an assistance agreement between the State and the recipient, that the additional subsidization provided under this paragraph is directed through a user charge rate system (or other appropriate method) to such ratepayers; or (B) to implement a process, material, technique, or technology— (i) to address water-efficiency goals; (ii) to address energy-efficiency goals; (iii) to mitigate stormwater runoff; or (iv) to encourage sustainable project planning, design, and construction. (2) Affordability criteria (A) Establishment (i) In general Not later than September 30, 2015, and after providing notice and an opportunity for public comment, a State shall establish affordability criteria to assist in identifying municipalities that would experience a significant hardship raising the revenue necessary to finance a project or activity eligible for assistance under subsection (c)(1) if additional subsidization is not provided. (ii) Contents The criteria under clause (i) shall be based on income and unemployment data, population trends, and other data determined relevant by the State, including whether the project or activity is to be carried out in an economically distressed area, as described in section 301 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3161 ). (B) Existing criteria If a State has previously established, after providing notice and an opportunity for public comment, affordability criteria that meet the requirements of subparagraph (A)— (i) the State may use the criteria for the purposes of this subsection; and (ii) those criteria shall be treated as affordability criteria established under this paragraph. (C) Information to assist states The Administrator may publish information to assist States in establishing affordability criteria under subparagraph (A). (3) Limitations (A) In general A State may provide additional subsidization in a fiscal year under this subsection only if the total amount appropriated for making capitalization grants to all States under this title for the fiscal year exceeds $1,000,000,000. (B) Additional limitation (i) General rule Subject to clause (ii), a State may use not more than 30 percent of the total amount received by the State in capitalization grants under this title for a fiscal year for providing additional subsidization under this subsection. (ii) Exception If, in a fiscal year, the amount appropriated for making capitalization grants to all States under this title exceeds $1,000,000,000 by a percentage that is less than 30 percent, clause (i) shall be applied by substituting that percentage for 30 percent. (C) Applicability The authority of a State to provide additional subsidization under this subsection shall apply to amounts received by the State in capitalization grants under this title for fiscal years beginning after September 30, 2014. (D) Consideration If the State provides additional subsidization to a municipality or intermunicipal, interstate, or State agency under this subsection that meets the criteria under paragraph (1)(A), the State shall take the criteria set forth in section 602(b)(5) into consideration. . 5004. Requirements Title VI of the Federal Water Pollution Control Act ( 33 U.S.C. 1381 et seq. ) is amended by adding at the end the following: 608. Requirements (a) In general Funds made available from a State water pollution control revolving fund established under this title may not be used for a project for the construction, alteration, maintenance, or repair of treatment works unless all of the iron and steel products used in the project are produced in the United States. (b) Definition of iron and steel products In this section, the term iron and steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, construction materials. (c) Application Subsection (a) shall not apply in any case or category of cases in which the Administrator finds that— (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (d) Waiver If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public, on an informal basis, a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet site of the Environmental Protection Agency. (e) International agreements This section shall be applied in a manner consistent with United States obligations under international agreements. (f) Management and oversight The Administrator may retain up to 0.25 percent of the funds appropriated for this title for management and oversight of the requirements of this section. (g) Effective date This section does not apply with respect to a project if a State agency approves the engineering plans and specifications for the project, in that agency's capacity to approve such plans and specifications prior to a project requesting bids, prior to the date of enactment of the Water Resources Reform and Development Act of 2014 . . 5005. Report on the allotment of funds (a) Review The Administrator of the Environmental Protection Agency shall conduct a review of the allotment formula in effect on the date of enactment of this Act for allocation of funds authorized under title VI of the Federal Water Pollution Control Act ( 33 U.S.C. 1381 et seq. ) to determine whether that formula adequately addresses the water quality needs of eligible States, territories, and Indian tribes, based on— (1) the most recent survey of needs developed by the Administrator under section 516(b) of that Act ( 33 U.S.C. 1375(b) ); and (2) any other information the Administrator considers appropriate. (b) Report Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report on the results of the review under subsection (a), including any recommendations for changing the allotment formula. 5006. Effective date This subtitle, including any amendments made by the subtitle, shall take effect on October 1, 2014. B General provisions 5011. Watershed pilot projects Section 122 of the Federal Water Pollution Control Act ( 33 U.S.C. 1274 ) is amended— (1) in the section heading, by striking Wet weather ; (2) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by striking for treatment works and inserting to a municipality or municipal entity ; and (ii) by striking of wet weather discharge control ; (B) in paragraph (2), by striking in reducing such pollutants and all that follows before the period at the end and inserting to manage, reduce, treat, recapture, or reuse municipal stormwater, including techniques that utilize infiltration, evapotranspiration, and reuse of stormwater onsite ; and (C) by adding at the end the following: (3) Watershed partnerships Efforts of municipalities and property owners to demonstrate cooperative ways to address nonpoint sources of pollution to reduce adverse impacts on water quality. (4) Integrated water resource plan The development of an integrated water resource plan for the coordinated management and protection of surface water, ground water, and stormwater resources on a watershed or subwatershed basis to meet the objectives, goals, and policies of this Act. (5) Municipality-wide stormwater management planning The development of a municipality-wide plan that identifies the most effective placement of stormwater technologies and management approaches, to reduce water quality impairments from stormwater on a municipality-wide basis. (6) Increased resilience of treatment works Efforts to assess future risks and vulnerabilities of publicly owned treatment works to manmade or natural disasters, including extreme weather events and sea-level rise, and to carry out measures, on a systemwide or area-wide basis, to increase the resiliency of publicly owned treatment works. ; (3) by striking subsection (c); (4) by redesignating subsection (d) as subsection (c); and (5) in subsection (c) (as so redesignated) by striking 5 years after the date of enactment of this section, and inserting October 1, 2015, . 5012. Definition of treatment works (a) Grants for construction of treatment works Section 212(2)(A) of the Federal Water Pollution Control Act ( 33 U.S.C. 1292(2)(A) ) is amended— (1) by striking any works, including site ; (2) by striking is used for ultimate and inserting will be used for ultimate ; and (3) by inserting before the period at the end the following: and acquisition of other land, and interests in land, that are necessary for construction . (b) Definitions Section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 ) is amended by adding at the end the following: (26) Treatment works The term treatment works has the meaning given the term in section 212. . (c) Effective date The amendments made by this section shall take effect on October 1, 2014. 5013. Funding for Indian programs Section 518(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1377(c) ) is amended— (1) by striking The Administrator and inserting the following: (1) Fiscal years 1987–2014 The Administrator ; (2) in paragraph (1) (as so designated)— (A) by striking each fiscal year beginning after September 30, 1986, and inserting each of fiscal years 1987 through 2014, ; and (B) by striking the second sentence; and (3) by adding at the end the following: (2) Fiscal year 2015 and thereafter For fiscal year 2015 and each fiscal year thereafter, the Administrator shall reserve, before allotments to the States under section 604(a), not less than 0.5 percent and not more than 2.0 percent of the funds made available to carry out title VI. (3) Use of funds Funds reserved under this subsection shall be available only for grants for projects and activities eligible for assistance under section 603(c) to serve— (A) Indian tribes (as defined in subsection (h)); (B) former Indian reservations in Oklahoma (as determined by the Secretary of the Interior); and (C) Native villages (as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )). . 5014. Water infrastructure public-private partnership pilot program (a) In general The Secretary shall establish a pilot program to evaluate the cost effectiveness and project delivery efficiency of allowing non-Federal pilot applicants to carry out authorized water resources development projects for coastal harbor improvement, channel improvement, inland navigation, flood damage reduction, aquatic ecosystem restoration, and hurricane and storm damage reduction. (b) Purposes The purposes of the pilot program established under subsection (a) are— (1) to identify cost-saving project delivery alternatives that reduce the backlog of authorized Corps of Engineers projects; and (2) to evaluate the technical, financial, and organizational benefits of allowing a non-Federal pilot applicant to carry out and manage the design or construction (or both) of 1 or more of such projects. (c) Subsequent appropriations Any activity undertaken under this section is authorized only to the extent specifically provided for in subsequent appropriations Acts. (d) Administration In carrying out the pilot program established under subsection (a), the Secretary shall— (1) identify for inclusion in the program at least 15 projects that are authorized for construction for coastal harbor improvement, channel improvement, inland navigation, flood damage reduction, or hurricane and storm damage reduction; (2) notify in writing the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of each project identified under paragraph (1); (3) in consultation with the non-Federal pilot applicant associated with each project identified under paragraph (1), develop a detailed project management plan for the project that outlines the scope, financing, budget, design, and construction resource requirements necessary for the non-Federal pilot applicant to execute the project, or a separable element of the project; (4) at the request of the non-Federal pilot applicant associated with each project identified under paragraph (1), enter into a project partnership agreement with the non-Federal pilot applicant under which the non-Federal pilot applicant is provided full project management control for the financing, design, or construction (or any combination thereof) of the project, or a separable element of the project, in accordance with plans approved by the Secretary; (5) following execution of a project partnership agreement under paragraph (4) and completion of all work under the agreement, issue payment, in accordance with subsection (g), to the relevant non-Federal pilot applicant for that work; and (6) regularly monitor and audit each project carried out under the program to ensure that all activities related to the project are carried out in compliance with plans approved by the Secretary and that construction costs are reasonable. (e) Selection criteria In identifying projects under subsection (d)(1), the Secretary shall consider the extent to which the project— (1) is significant to the economy of the United States; (2) leverages Federal investment by encouraging non-Federal contributions to the project; (3) employs innovative project delivery and cost-saving methods; (4) received Federal funds in the past and experienced delays or missed scheduled deadlines; (5) has unobligated Corps of Engineers funding balances; and (6) has not received Federal funding for recapitalization and modernization since the project was authorized. (f) Detailed project schedule Not later than 180 days after entering into a project partnership agreement under subsection (d)(4), a non-Federal pilot applicant, to the maximum extent practicable, shall submit to the Secretary a detailed project schedule for the relevant project, based on estimated funding levels, that specifies deadlines for each milestone with respect to the project. (g) Payment Payment to the non-Federal pilot applicant for work completed pursuant to a project partnership agreement under subsection (d)(4) may be made from— (1) if applicable, the balance of the unobligated amounts appropriated for the project; and (2) other amounts appropriated to the Corps of Engineers, subject to the condition that the total amount transferred to the non-Federal pilot applicant may not exceed the estimate of the Federal share of the cost of construction, including any required design. (h) Technical assistance At the request of a non-Federal pilot applicant participating in the pilot program established under subsection (a), the Secretary may provide to the non-Federal pilot applicant, if the non-Federal pilot applicant contracts with and compensates the Secretary, technical assistance with respect to— (1) a study, engineering activity, or design activity related to a project carried out by the non-Federal pilot applicant under the program; and (2) obtaining permits necessary for such a project. (i) Identification of impediments (1) In general The Secretary shall— (A) except as provided in paragraph (2), identify any procedural requirements under the authority of the Secretary that impede greater use of public-private partnerships and private investment in water resources development projects; (B) develop and implement, on a project-by-project basis, procedures and approaches that— (i) address such impediments; and (ii) protect the public interest and any public investment in water resources development projects that involve public-private partnerships or private investment in water resources development projects; and (C) not later than 1 year after the date of enactment of this section, issue rules to carry out the procedures and approaches developed under subparagraph (B). (2) Rule of construction Nothing in this section allows the Secretary to waive any requirement under— (A) sections 3141 through 3148 and sections 3701 through 3708 of title 40, United States Code; (B) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); or (C) any other provision of Federal law. (j) Public benefit studies (1) In general Before entering into a project partnership agreement under subsection (d)(4), the Secretary shall conduct an assessment of whether, and provide justification in writing to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that, the proposed agreement provides better public and financial benefits than a similar transaction using public funding or financing. (2) Requirements An assessment under paragraph (1) shall— (A) be completed in a period of not more than 90 days; (B) take into consideration any supporting materials and data submitted by the relevant non-Federal pilot applicant and other stakeholders; and (C) determine whether the proposed project partnership agreement is in the public interest by determining whether the agreement will provide public and financial benefits, including expedited project delivery and savings for taxpayers. (k) Non-Federal funding The non-Federal pilot applicant may finance the non-Federal share of a project carried out under the pilot program established under subsection (a). (l) Applicability of Federal law Any provision of Federal law that would apply to the Secretary if the Secretary were carrying out a project shall apply to a non-Federal pilot applicant carrying out a project under this section. (m) Cost share Nothing in this section affects a cost-sharing requirement under Federal law that is applicable to a project carried out under the pilot program established under subsection (a). (n) Report 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 Infrastructure of the House of Representatives and make publicly available a report describing the results of the pilot program established under subsection (a), including any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis. (o) Non-Federal pilot applicant defined In this section, the term non-Federal pilot applicant means— (1) the non-Federal sponsor of the water resources development project; (2) a non-Federal interest, as defined in section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1982d–5b ); or (3) a private entity with the consent of the local government in which the project is located or that is otherwise affected by the project. C Innovative financing pilot projects 5021. Short title This subtitle may be cited as the Water Infrastructure Finance and Innovation Act of 2014 . 5022. Definitions In this subtitle: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Community water system The term community water system has the meaning given the term in section 1401 of the Safe Drinking Water Act ( 42 U.S.C. 300f ). (3) Federal credit instrument The term Federal credit instrument means a secured loan or loan guarantee authorized to be made available under this subtitle with respect to a project. (4) Investment-grade rating The term investment-grade rating means a rating of BBB minus, Baa3, bbb minus, BBB (low), or higher assigned by a rating agency to project obligations. (5) Lender (A) In general The term lender means any non-Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulations (or a successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 ( 15 U.S.C. 77a et seq. )). (B) Inclusions The term lender includes— (i) a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986) that is a qualified institutional buyer; and (ii) a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986) that is a qualified institutional buyer. (6) Loan guarantee The term loan guarantee means any guarantee or other pledge by the Secretary or the Administrator to pay all or part of the principal of, and interest on, a loan or other debt obligation issued by an obligor and funded by a lender. (7) Obligor The term obligor means an eligible entity that is primarily liable for payment of the principal of, or interest on, a Federal credit instrument. (8) Project obligation (A) In general The term project obligation means any note, bond, debenture, or other debt obligation issued by an obligor in connection with the financing of a project. (B) Exclusion The term project obligation does not include a Federal credit instrument. (9) Rating agency The term rating agency means a credit rating agency registered with the Securities and Exchange Commission as a nationally recognized statistical rating organization (as defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )). (10) Secured loan The term secured loan means a direct loan or other debt obligation issued by an obligor and funded by the Secretary or Administrator, as applicable, in connection with the financing of a project under section 5029. (11) State The term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (12) State infrastructure financing authority The term State infrastructure financing authority means the State entity established or designated by the Governor of a State to receive a capitalization grant provided by, or otherwise carry out the requirements of, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et. seq.) or section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 ). (13) Subsidy amount The term subsidy amount means the amount of budget authority sufficient to cover the estimated long-term cost to the Federal Government of a Federal credit instrument, as calculated on a net present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ). (14) Substantial completion The term substantial completion , with respect to a project, means the earliest date on which a project is considered to perform the functions for which the project is designed. (15) Treatment works The term treatment works has the meaning given the term in section 212 of the Federal Water Pollution Control Act ( 33 U.S.C. 1292 ). 5023. Authority to provide assistance (a) In general The Secretary and the Administrator may provide financial assistance under this subtitle to carry out pilot projects, which shall be selected to ensure a diversity of project types and geographical locations. (b) Responsibility (1) Secretary The Secretary shall carry out all pilot projects under this subtitle that are eligible projects under section 5026(1). (2) Administrator The Administrator shall carry out all pilot projects under this subtitle that are eligible projects under paragraphs (2), (3), (4), (5), (6), and (8) of section 5026. (3) Other projects The Secretary or the Administrator, as applicable, may carry out eligible projects under paragraph (7) or (9) of section 5026. 5024. Applications (a) In general To receive assistance under this subtitle, an eligible entity shall submit to the Secretary or the Administrator, as applicable, an application at such time, in such manner, and containing such information as the Secretary or the Administrator may require. (b) Combined projects In the case of an eligible project described in paragraph (8) or (9) of section 5026, the Secretary or the Administrator, as applicable, shall require the eligible entity to submit a single application for the combined group of projects. 5025. Eligible entities The following entities are eligible to receive assistance under this subtitle: (1) A corporation. (2) A partnership. (3) A joint venture. (4) A trust. (5) A Federal, State, or local governmental entity, agency, or instrumentality. (6) A tribal government or consortium of tribal governments. (7) A State infrastructure financing authority. 5026. Projects eligible for assistance The following projects may be carried out with amounts made available under this subtitle: (1) Any project for flood damage reduction, hurricane and storm damage reduction, environmental restoration, coastal or inland harbor navigation improvement, or inland and intracoastal waterways navigation improvement that the Secretary determines is technically sound, economically justified, and environmentally acceptable, including— (A) a project to reduce flood damage; (B) a project to restore aquatic ecosystems; (C) a project to improve the inland and intracoastal waterways navigation system of the United States; and (D) a project to improve navigation of a coastal or inland harbor of the United States, including channel deepening and construction of associated general navigation features. (2) 1 or more activities that are eligible for assistance under section 603(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1383(c) ), notwithstanding the public ownership requirement under paragraph (1) of that subsection. (3) 1 or more activities described in section 1452(a)(2) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(a)(2) ). (4) A project for enhanced energy efficiency in the operation of a public water system or a publicly owned treatment works. (5) A project for repair, rehabilitation, or replacement of a treatment works, community water system, or aging water distribution or waste collection facility (including a facility that serves a population or community of an Indian reservation). (6) A brackish or sea water desalination project, a managed aquifer recharge project, or a water recycling project. (7) Acquisition of real property or an interest in real property— (A) if the acquisition is integral to a project described in paragraphs (1) through (6); or (B) pursuant to an existing plan that, in the judgment of the Administrator or the Secretary, as applicable, would mitigate the environmental impacts of water resources infrastructure projects otherwise eligible for assistance under this section. (8) A combination of projects, each of which is eligible under paragraph (2) or (3), for which a State infrastructure financing authority submits to the Administrator a single application. (9) A combination of projects secured by a common security pledge, each of which is eligible under paragraph (1), (2), (3), (4), (5), (6), or (7), for which an eligible entity, or a combination of eligible entities, submits a single application. 5027. Activities eligible for assistance For purposes of this subtitle, an eligible activity with respect to an eligible project includes the cost of— (1) development-phase activities, including planning, feasibility analysis (including any related analysis necessary to carry out an eligible project), revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities; (2) construction, reconstruction, rehabilitation, and replacement activities; (3) the acquisition of real property or an interest in real property (including water rights, land relating to the project, and improvements to land), environmental mitigation (including acquisitions pursuant to section 5026(7)), construction contingencies, and acquisition of equipment; and (4) capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction. 5028. Determination of eligibility and project selection (a) Eligibility requirements To be eligible to receive financial assistance under this subtitle, a project shall meet the following criteria, as determined by the Secretary or Administrator, as applicable: (1) Creditworthiness (A) In general The project and obligor shall be creditworthy, which shall be determined by the Secretary or the Administrator, as applicable. (B) Considerations In determining the creditworthiness of a project and obligor, the Secretary or the Administrator, as applicable, shall take into consideration relevant factors, including— (i) the terms, conditions, financial structure, and security features of the proposed financing; (ii) the dedicated revenue sources that will secure or fund the project obligations; (iii) the financial assumptions upon which the project is based; and (iv) the financial soundness and credit history of the obligor. (C) Security features The Secretary or the Administrator, as applicable, shall ensure that any financing for the project has appropriate security features, such as a rate covenant, supporting the project obligations to ensure repayment. (D) Rating opinion letters (i) Preliminary rating opinion letter The Secretary or the Administrator, as applicable, shall require each project applicant to provide, at the time of application, a preliminary rating opinion letter from at least 1 rating agency indicating that the senior obligations of the project (which may be the Federal credit instrument) have the potential to achieve an investment-grade rating. (ii) Final rating opinion letters The Secretary or the Administrator, as applicable, shall require each project applicant to provide, prior to final acceptance and financing of the project, final rating opinion letters from at least 2 rating agencies indicating that the senior obligations of the project have an investment-grade rating. (E) Special rule for certain combined projects The Administrator shall develop a credit evaluation process for a Federal credit instrument provided to a State infrastructure financing authority for a project under section 5026(8) or an entity for a project under section 5026(9), which may include requiring the provision of a final rating opinion letter from at least 2 rating agencies. (2) Eligible project costs (A) In general Subject to subparagraph (B), the eligible project costs of a project shall be reasonably anticipated to be not less than $20,000,000. (B) Small community water infrastructure projects For a project described in paragraph (2) or (3) of section 5026 that serves a community of not more than 25,000 individuals, the eligible project costs of a project shall be reasonably anticipated to be not less than $5,000,000. (3) Dedicated revenue sources The Federal credit instrument for the project shall be repayable, in whole or in part, from dedicated revenue sources that also secure the project obligations. (4) Public sponsorship of private entities (A) In general If an eligible project is carried out by an entity that is not a State or local government or an agency or instrumentality of a State or local government or a tribal government or consortium of tribal governments, the project shall be publicly sponsored. (B) Public sponsorship For purposes of this subtitle, a project shall be considered to be publicly sponsored if the obligor can demonstrate, to the satisfaction of the Secretary or the Administrator, as appropriate, that the project applicant has consulted with the affected State, local, or tribal government in which the project is located, or is otherwise affected by the project, and that such government supports the proposed project. (5) Limitation No project receiving Federal credit assistance under this subtitle may be financed (directly or indirectly), in whole or in part, with proceeds of any obligation— (A) the interest on which is exempt from the tax imposed under chapter 1 of the Internal Revenue Code of 1986; or (B) with respect to which credit is allowable under subpart I or J of part IV of subchapter A of chapter 1 of such Code. (6) Use of existing financing mechanisms (A) Notification For each eligible project for which the Administrator has authority under paragraph (2) or (3) of section 5023(b) and for which the Administrator has received an application for financial assistance under this subtitle, the Administrator shall notify, not later than 30 days after the date on which the Administrator receives a complete application, the applicable State infrastructure financing authority of the State in which the project is located that such application has been submitted. (B) Determination If, not later than 60 days after the date of receipt of a notification under subparagraph (A), a State infrastructure financing authority notifies the Administrator that the State infrastructure financing authority intends to commit funds to the project in an amount that is equal to or greater than the amount requested under the application, the Administrator may not provide any financial assistance for that project under this subtitle unless— (i) by the date that is 180 days after the date of receipt of a notification under subparagraph (A), the State infrastructure financing authority fails to enter into an assistance agreement to provide funds for the project; or (ii) the financial assistance to be provided by the State infrastructure financing authority will be at rates and terms that are less favorable than the rates and terms for financial assistance provided under this subtitle. (7) Operation and maintenance plan (A) In general The Secretary or the Administrator, as applicable, shall determine whether an applicant for assistance under this subtitle has developed, and identified adequate revenues to implement, a plan for operating, maintaining, and repairing the project over the useful life of the project. (B) Special rule An eligible project described in section 5026(1) that has not been specifically authorized by Congress shall not be eligible for Federal assistance for operations and maintenance. (b) Selection criteria (1) Establishment The Secretary or the Administrator, as applicable, shall establish criteria for the selection of projects that meet the eligibility requirements of subsection (a), in accordance with paragraph (2). (2) Criteria The selection criteria shall include the following: (A) The extent to which the project is nationally or regionally significant, with respect to the generation of economic and public benefits, such as— (i) the reduction of flood risk; (ii) the improvement of water quality and quantity, including aquifer recharge; (iii) the protection of drinking water, including source water protection; and (iv) the support of international commerce. (B) The extent to which the project financing plan includes public or private financing in addition to assistance under this subtitle. (C) The likelihood that assistance under this subtitle would enable the project to proceed at an earlier date than the project would otherwise be able to proceed. (D) The extent to which the project uses new or innovative approaches. (E) The amount of budget authority required to fund the Federal credit instrument made available under this subtitle. (F) The extent to which the project— (i) protects against extreme weather events, such as floods or hurricanes; or (ii) helps maintain or protect the environment. (G) The extent to which a project serves regions with significant energy exploration, development, or production areas. (H) The extent to which a project serves regions with significant water resource challenges, including the need to address— (i) water quality concerns in areas of regional, national, or international significance; (ii) water quantity concerns related to groundwater, surface water, or other water sources; (iii) significant flood risk; (iv) water resource challenges identified in existing regional, State, or multistate agreements; or (v) water resources with exceptional recreational value or ecological importance. (I) The extent to which the project addresses identified municipal, State, or regional priorities. (J) The readiness of the project to proceed toward development, including a demonstration by the obligor that there is a reasonable expectation that the contracting process for construction of the project can commence by not later than 90 days after the date on which a Federal credit instrument is obligated for the project under this subtitle. (K) The extent to which assistance under this subtitle reduces the contribution of Federal assistance to the project. (3) Special rule for certain combined projects For a project described in section 5026(8), the Administrator shall only consider the criteria described in subparagraphs (B) through (K) of paragraph (2). (c) Federal requirements Nothing in this section supersedes the applicability of other requirements of Federal law (including regulations). 5029. Secured loans (a) Agreements (1) In general Subject to paragraphs (2) and (3), the Secretary or the Administrator, as applicable, may enter into agreements with 1 or more obligors to make secured loans, the proceeds of which shall be used to finance eligible project costs of any project selected under section 5028. (2) Financial risk assessment Before entering into an agreement under this subsection for a secured loan, the Secretary or the Administrator, as applicable, in consultation with the Director of the Office of Management and Budget and each rating agency providing a rating opinion letter under section 5028(a)(1)(D), shall determine an appropriate capital reserve subsidy amount for the secured loan, taking into account each such rating opinion letter. (3) Investment-grade rating requirement The execution of a secured loan under this section shall be contingent on receipt by the senior obligations of the project of an investment-grade rating. (b) Terms and limitations (1) In general A secured loan provided for a project under this section shall be subject to such terms and conditions, and contain such covenants, representations, warranties, and requirements (including requirements for audits), as the Secretary or the Administrator, as applicable, determines to be appropriate. (2) Maximum amount The amount of a secured loan under this section shall not exceed the lesser of— (A) an amount equal to 49 percent of the reasonably anticipated eligible project costs; and (B) if the secured loan does not receive an investment-grade rating, the amount of the senior project obligations of the project. (3) Payment A secured loan under this section— (A) shall be payable, in whole or in part, from State or local taxes, user fees, or other dedicated revenue sources that also secure the senior project obligations of the relevant project; (B) shall include a rate covenant, coverage requirement, or similar security feature supporting the project obligations; and (C) may have a lien on revenues described in subparagraph (A), subject to any lien securing project obligations. (4) Interest rate The interest rate on a secured loan under this section shall be not less than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement. (5) Maturity date (A) In general The final maturity date of a secured loan under this section shall be the earlier of— (i) the date that is 35 years after the date of substantial completion of the relevant project (as determined by the Secretary or the Administrator, as applicable); and (ii) if the useful life of the project (as determined by the Secretary or Administrator, as applicable) is less than 35 years, the useful life the project. (B) Special rule for State infrastructure financing authorities The final maturity date of a secured loan to a State infrastructure financing authority under this section shall be not later than 35 years after the date on which amounts are first disbursed. (6) Nonsubordination A secured loan under this section shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor of the project. (7) Fees The Secretary or the Administrator, as applicable, may establish fees at a level sufficient to cover all or a portion of the costs to the Federal Government of making a secured loan under this section. (8) Non-Federal share The proceeds of a secured loan under this section may be used to pay any non-Federal share of project costs required if the loan is repayable from non-Federal funds. (9) Maximum federal involvement (A) In general Except as provided in subparagraph (B), for each project for which assistance is provided under this subtitle, the total amount of Federal assistance shall not exceed 80 percent of the total project cost. (B) Exceptions Subparagraph (A) shall not apply to any rural water project— (i) that is authorized to be carried out by the Secretary of the Interior; (ii) that includes among its beneficiaries a federally recognized Indian tribe; and (iii) for which the authorized Federal share of the total project costs is greater than the amount described in subparagraph (A). (c) Repayment (1) Schedule The Secretary or the Administrator, as applicable, shall establish a repayment schedule for each secured loan provided under this section, based on the projected cash flow from project revenues and other repayment sources. (2) Commencement (A) In general Scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than 5 years after the date of substantial completion of the project (as determined by the Secretary or Administrator, as applicable). (B) Special rule for State infrastructure financing authorities Scheduled loan repayments of principal or interest on a secured loan to a State infrastructure financing authority under this subtitle shall commence not later than 5 years after the date on which amounts are first disbursed. (3) Deferred payments (A) Authorization If, at any time after the date of substantial completion of a project for which a secured loan is provided under this section, the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the secured loan, the Secretary or the Administrator, as applicable, subject to subparagraph (C), may allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan. (B) Interest Any payment deferred under subparagraph (A) shall— (i) continue to accrue interest in accordance with subsection (b)(4) until fully repaid; and (ii) be scheduled to be amortized over the remaining term of the secured loan. (C) Criteria (i) In general Any payment deferral under subparagraph (A) shall be contingent on the project meeting such criteria as the Secretary or the Administrator, as applicable, may establish. (ii) Repayment standards The criteria established under clause (i) shall include standards for reasonable assurance of repayment. (4) Prepayment (A) Use of excess revenues Any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations may be applied annually to prepay a secured loan under this section without penalty. (B) Use of proceeds of refinancing A secured loan under this section may be prepaid at any time without penalty from the proceeds of refinancing from non-Federal funding sources. (d) Sale of secured loans (1) In general Subject to paragraph (2), as soon as practicable after the date of substantial completion of a project and after providing a notice to the obligor, the Secretary or the Administrator, as applicable, may sell to another entity or reoffer into the capital markets a secured loan for a project under this section, if the Secretary or the Administrator, as applicable, determines that the sale or reoffering can be made on favorable terms. (2) Consent of obligor In making a sale or reoffering under paragraph (1), the Secretary or the Administrator, as applicable, may not change the original terms and conditions of the secured loan without the written consent of the obligor. (e) Loan guarantees (1) In general The Secretary or the Administrator, as applicable, may provide a loan guarantee to a lender in lieu of making a secured loan under this section, if the Secretary or the Administrator, as applicable, determines that the budgetary cost of the loan guarantee is substantially the same as that of a secured loan. (2) Terms The terms of a loan guarantee provided under this subsection shall be consistent with the terms established in this section for a secured loan, except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender, with the consent of the Secretary or the Administrator, as applicable. 5030. Program administration (a) Requirement The Secretary or the Administrator, as applicable, shall establish a uniform system to service the Federal credit instruments made available under this subtitle. (b) Fees (1) In general The Secretary or the Administrator, as applicable, may collect and spend fees, contingent on authority being provided in appropriations Acts, at a level that is sufficient to cover— (A) the costs of services of expert firms retained pursuant to subsection (d); and (B) all or a portion of the costs to the Federal Government of servicing the Federal credit instruments provided under this subtitle. (c) Servicer (1) In general The Secretary or the Administrator, as applicable, may appoint a financial entity to assist the Secretary or the Administrator in servicing the Federal credit instruments provided under this subtitle. (2) Duties A servicer appointed under paragraph (1) shall act as the agent for the Secretary or the Administrator, as applicable. (3) Fee A servicer appointed under paragraph (1) shall receive a servicing fee, subject to approval by the Secretary or the Administrator, as applicable. (d) Assistance from experts The Secretary or the Administrator, as applicable, may retain the services, including counsel, of organizations and entities with expertise in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments provided under this subtitle. (e) Applicability of other laws Section 513 of the Federal Water Pollution Control Act ( 33 U.S.C. 1372 ) applies to the construction of a project carried out, in whole or in part, with assistance made available through a Federal credit instrument under this subtitle in the same manner that section applies to a treatment works for which a grant is made available under that Act. 5031. State, tribal, and local permits The provision of financial assistance for a project under this subtitle shall not— (1) relieve any recipient of the assistance of any obligation to obtain any required State, local, or tribal permit or approval with respect to the project; (2) limit the right of any unit of State, local, or tribal government to approve or regulate any rate of return on private equity invested in the project; or (3) otherwise supersede any State, local, or tribal law (including any regulation) applicable to the construction or operation of the project. 5032. Regulations The Secretary or the Administrator, as applicable, may promulgate such regulations as the Secretary or Administrator determines to be appropriate to carry out this subtitle. 5033. Funding (a) In general There is authorized to be appropriated to each of the Secretary and the Administrator to carry out this subtitle, to remain available until expended— (1) $20,000,000 for fiscal year 2015; (2) $25,000,000 for fiscal year 2016; (3) $35,000,000 for fiscal year 2017; (4) $45,000,000 for fiscal year 2018; and (5) $50,000,000 for fiscal year 2019. (b) Administrative costs Of the funds made available to carry out this subtitle, the Secretary or the Administrator, as applicable, may use for the administration of this subtitle, including for the provision of technical assistance to aid project sponsors in obtaining the necessary approvals for the project, not more than $2,200,000 for each of fiscal years 2015 through 2019. (c) Small community water infrastructure projects (1) In general For each fiscal year, the Secretary or the Administrator, as applicable, shall set aside not less than 15 percent of the amounts made available for that fiscal year under this section for small community water infrastructure projects described in section 5028(a)(2)(B). (2) Administration Any amounts set aside under paragraph (1) that remain unobligated on June 1 of the fiscal year for which the amounts are set aside shall be available for obligation by the Secretary or the Administrator, as applicable, for projects other than small community water infrastructure projects. (d) Additional funding Notwithstanding section 5029(b)(2), the Secretary or the Administrator, as applicable, may make available up to 25 percent of the amounts made available for each fiscal year under this section for loans in excess of 49 percent of the total project costs. 5034. Reports on pilot program implementation (a) Agency reporting As soon as practicable after each fiscal year for which amounts are made available to carry out this subtitle, the Secretary and the Administrator shall publish on a dedicated, publicly accessible Internet site— (1) each application received for assistance under this subtitle; and (2) a list of the projects selected for assistance under this subtitle, including— (A) a description of each project; (B) the amount of financial assistance provided for each project; and (C) the basis for the selection of each project with respect to the requirements of this subtitle. (b) Reports to Congress (1) In general Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States 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 subtitle— (A) the applications received for assistance under this subtitle; (B) the projects selected for assistance under this subtitle, including a description of the projects and the basis for the selection of those projects with respect to the requirements of this subtitle; (C) the type and amount of financial assistance provided for each project selected for assistance under this subtitle; (D) the financial performance of each project selected for assistance under this subtitle, including an evaluation of whether the objectives of this subtitle are being met; (E) the benefits and impacts of implementation of this subtitle, including the public benefit provided by the projects selected for assistance under this subtitle, including, as applicable, water quality and water quantity improvement, the protection of drinking water, and the reduction of flood risk; and (F) an evaluation of the feasibility of attracting non-Federal public or private financing for water infrastructure projects as a result of the implementation of this subtitle. (2) Recommendations The report under paragraph (1) shall include— (A) an evaluation of the impacts (if any) of the limitation under section 5028(a)(5) on the ability of eligible entities to finance water infrastructure projects under this subtitle; (B) a recommendation as to whether the objectives of this subtitle would be best served— (i) by continuing the authority of the Secretary or the Administrator, as applicable, to provide assistance under this subtitle; (ii) by establishing a Government corporation or Government-sponsored enterprise to provide assistance in accordance with this subtitle; or (iii) by terminating the authority of the Secretary and the Administrator under this subtitle and relying on the capital markets to fund the types of infrastructure investments assisted by this subtitle without Federal participation; and (C) any proposed changes to improve the efficiency and effectiveness of this subtitle in providing financing for water infrastructure projects, taking into consideration the recommendations made under subparagraphs (A) and (B). 5035. Requirements (a) In general Except as provided in subsection (c), none of the amounts made available under this subtitle may be used for the construction, alteration, maintenance, or repair of a project eligible for assistance under this subtitle unless all of the iron and steel products used in the project are produced in the United States. (b) Definition of iron and steel products In this section, the term iron and steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (c) Application Subsection (a) shall not apply in any case or category of cases in which the Administrator finds that— (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (d) Waiver If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public, on an informal basis, a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency. (e) International agreements This section shall be applied in a manner consistent with United States obligations under international agreements. VI Deauthorization and backlog prevention 6001. Deauthorization of inactive projects (a) Purposes The purposes of this section are— (1) to identify $18,000,000,000 in water resources development projects authorized by Congress that are no longer viable for construction due to— (A) a lack of local support; (B) a lack of available Federal or non-Federal resources; or (C) an authorizing purpose that is no longer relevant or feasible; (2) to create an expedited and definitive process to deauthorize water resources development projects that are no longer viable for construction; and (3) to allow the continued authorization of water resources development projects that are viable for construction. (b) Comprehensive status reports Section 1001(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 579a(b) ) is amended by adding at the end the following: (3) Minimum funding list At the end of each fiscal year, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, and make available on a publicly accessible Internet site in a manner that is downloadable, searchable, and sortable, a list of— (A) projects or separable elements of projects authorized for construction for which funding has been obligated during the current fiscal year or any of the 6 preceding fiscal years; (B) the amount of funding obligated for each such project or separable element per fiscal year; (C) the current phase of each such project or separable element of a project; and (D) the amount required to complete the current phase of each such project or separable element. (4) Comprehensive backlog report (A) In general The Secretary shall compile and publish a complete list of all projects and separable elements of projects of the Corps of Engineers that are authorized for construction but have not been completed. (B) Required information The Secretary shall include on the list developed under subparagraph (A) for each project and separable element on that list— (i) the date of authorization of the project or separable element, including any subsequent modifications to the original authorization; (ii) the original budget authority for the project or separable element; (iii) a brief description of the project or separable element; (iv) the estimated date of completion of the project or separable element; (v) the estimated cost of completion of the project or separable element; and (vi) any amounts appropriated for the project or separable element that remain unobligated. (C) Publication (i) In general Not later than 1 year after the date of enactment of this paragraph, the Secretary shall submit a copy of the list developed under subparagraph (A) to— (I) the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and (II) the Director of the Office of Management and Budget. (ii) Public availability Beginning on the date the Secretary submits the report to Congress under clause (i), the Secretary shall make a copy of the list available on a publicly accessible Internet site in a manner that is downloadable, searchable, and sortable. . (c) Interim deauthorization list (1) In general The Secretary shall develop an interim deauthorization list that identifies each water resources development project, or separable element of a project, authorized for construction before November 8, 2007, for which— (A) construction was not initiated before the date of enactment of this Act; or (B) construction was initiated before the date of enactment of this Act, but for which no funds, Federal or non-Federal, were obligated for construction of the project or separable element of the project during the current fiscal year or any of the 6 preceding fiscal years. (2) Special rule for projects receiving funds for post-authorization study A project or separable element of a project may not be identified on the interim deauthorization list, or the final deauthorization list developed under subsection (d), if the project or separable element received funding for a post-authorization study during the current fiscal year or any of the 6 preceding fiscal years. (3) Public comment and consultation (A) In general The Secretary shall solicit comments from the public and the Governors of each applicable State on the interim deauthorization list developed under paragraph (1). (B) Comment period The public comment period shall be 90 days. (4) Submission to Congress; publication Not later than 90 days after the date of submission of the list required by section 1001(b)(4)(A) of the Water Resources Development Act of 1986 (as added by subsection (b)), the Secretary shall— (A) submit the interim deauthorization list to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) publish the interim deauthorization list in the Federal Register. (d) Final deauthorization list (1) In general The Secretary shall develop a final deauthorization list of each water resources development project, or separable element of a project, described in subsection (c)(1) that is identified pursuant to this subsection. (2) Deauthorization amount (A) In general The Secretary shall include on the final deauthorization list projects and separable elements of projects that have, in the aggregate, an estimated Federal cost to complete that is at least $18,000,000,000. (B) Determination of Federal cost to complete For purposes of subparagraph (A), the Federal cost to complete shall take into account any allowances authorized by section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 ), as applied to the most recent project schedule and cost estimate. (3) Identification of projects (A) Sequencing of projects (i) In general The Secretary shall identify projects and separable elements of projects for inclusion on the final deauthorization list according to the order in which the projects and separable elements of the projects were authorized, beginning with the earliest authorized projects and separable elements of projects and ending once the last project or separable element of a project necessary to meet the aggregate amount under paragraph (2) is identified. (ii) Factors to consider The Secretary may identify projects and separable elements of projects in an order other than that established by clause (i) if the Secretary determines, on a case-by-case basis, that a project or separable element of a project is critical for interests of the United States, based on the possible impact of the project or separable element of the project on public health and safety, the national economy, or the environment. (iii) Consideration of public comments In making determinations under clause (ii), the Secretary shall consider any comments received under subsection (c)(3). (B) Appendix The Secretary shall include as part of the final deauthorization list an appendix that— (i) identifies each project or separable element of a project on the interim deauthorization list developed under subsection (c) that is not included on the final deauthorization list; and (ii) describes the reasons why the project or separable element is not included. (4) Submission to Congress; publication Not later than 120 days after the date on which the public comment period under subsection (c)(3) expires, the Secretary shall— (A) submit the final deauthorization list and the appendix to the final deauthorization list to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) publish the final deauthorization list and the appendix to the final deauthorization list in the Federal Register. (e) Deauthorization; congressional review (1) In general After the expiration of the 180-day period beginning on the date of submission of the final deauthorization report under subsection (d), a project or separable element of a project identified in the report is hereby deauthorized, unless Congress passes a joint resolution disapproving the final deauthorization report prior to the end of such period. (2) Non-Federal contributions (A) In general A project or separable element of a project identified in the final deauthorization report under subsection (d) shall not be deauthorized under this subsection if, before the expiration of the 180-day period referred to in paragraph (1), the non-Federal interest for the project or separable element of the project provides sufficient funds to complete the project or separable element of the project. (B) Treatment of projects Notwithstanding subparagraph (A), each project and separable element of a project identified in the final deauthorization report shall be treated as deauthorized for purposes of the aggregate deauthorization amount specified in subsection (d)(2). (f) General provisions (1) Definitions In this section: (A) Post-authorization study The term post-authorization study means— (i) a feasibility report developed under section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ); (ii) a feasibility study, as defined in section 105(d) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2215(d) ); or (iii) a review conducted under section 216 of the Flood Control Act of 1970 ( 33 U.S.C. 549a ), including an initial appraisal that— (I) demonstrates a Federal interest; and (II) requires additional analysis for the project or separable element. (B) Water resources development project The term water resources development project includes an environmental infrastructure assistance project or program of the Corps of Engineers. (2) Treatment of project modifications For purposes of this section, if an authorized water resources development project or separable element of the project has been modified by an Act of Congress, the date of the authorization of the project or separable element shall be deemed to be the date of the most recent such modification. 6002. Review of Corps of Engineers assets (a) Assessment and Inventory Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct an assessment of all properties under the control of the Corps of Engineers and develop an inventory of the properties that are not needed for the missions of the Corps of Engineers. (b) Criteria In conducting the assessment and developing the inventory under subsection (a), the Secretary shall use the following criteria: (1) The extent to which the property aligns with the current missions of the Corps of Engineers. (2) The economic impact of the property on existing communities in the vicinity of the property. (3) The extent to which the utilization rate for the property is being maximized and is consistent with nongovernmental industry standards for the given function or operation. (4) The extent to which the reduction or elimination of the property could reduce operation and maintenance costs of the Corps of Engineers. (5) The extent to which the reduction or elimination of the property could reduce energy consumption by the Corps of Engineers. (c) Notification As soon as practicable following completion of the inventory of properties under subsection (a), the Secretary shall provide the inventory to the Administrator of General Services. (d) Report to Congress Not later than 30 days after the date of the notification under subsection (c), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report containing the findings of the Secretary with respect to the assessment and inventory required under subsection (a). 6003. Backlog prevention (a) Project deauthorization (1) In general A water resources development project, or separable element of such a project, authorized for construction by this Act shall not be authorized after the last day of the 7-year period beginning on the date of enactment of this Act unless funds have been obligated for construction of such project during that period. (2) Identification of projects Not later than 60 days after the expiration of the 7-year period referred to in paragraph (1), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that identifies the projects deauthorized under paragraph (1). (b) Report to Congress Not later than 60 days after the expiration of the 12-year period beginning on the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, and make available to the public, a report that contains— (1) a list of any water resources development projects authorized by this Act for which construction has not been completed during that period; (2) a description of the reasons the projects were not completed; (3) a schedule for the completion of the projects based on expected levels of appropriations; and (4) a 5-year and 10-year projection of construction backlog and any recommendations to Congress regarding how to mitigate current problems and the backlog. 6004. Deauthorizations (a) In general (1) Walnut Creek (Pacheco Creek), California The portions of the project for flood protection on Walnut Creek, California, constructed under section 203 of the Flood Control Act of 1960 ( Public Law 86–645 ; 74 Stat. 488), consisting of the Walnut Creek project from Sta 0+00 to Sta 142+00 and the upstream extent of the Walnut Creek project along Pacheco Creek from Sta 0+00 to Sta 73+50 are no longer authorized beginning on the date of enactment of this Act. (2) Walnut Creek (San Ramon Creek), California The portion of the project for flood protection on Walnut Creek, California, constructed under section 203 of the Flood Control Act of 1960 ( Public Law 86–645 ; 74 Stat. 488), consisting of the culvert constructed by the Department of the Army on San Ramon Creek from Sta 4+27 to Sta 14+27 is no longer authorized beginning on the date of enactment of this Act. (3) Eightmile River, Connecticut (A) The portion of the project for navigation, Eightmile River, Connecticut, authorized by the first section of the Act of June 25, 1910 (36 Stat. 633, chapter 382) (commonly known as the River and Harbor Act of 1910 ), that begins at a point of the existing 8-foot channel limit with coordinates N701002.39, E1109247.73, thence running north 2 degrees 19 minutes 57.1 seconds east 265.09 feet to a point N701267.26, E1109258.52, thence running north 7 degrees 47 minutes 19.3 seconds east 322.32 feet to a point N701586.60, E1109302.20, thence running north 90 degrees 0 minutes 0 seconds east 65.61 to a point N701586.60, E1109367.80, thence running south 7 degrees 47 minutes 19.3 seconds west 328.11 feet to a point N701261.52, E1109323.34, thence running south 2 degrees 19 minutes 57.1 seconds west 305.49 feet to an end at a point N700956.28, E1109310.91 on the existing 8-foot channel limit, shall be reduced to a width of 65 feet and the channel realigned to follow the deepest available water. (B) The project referred to in subparagraph (A) beginning at a point N701296.72, E1109262.55 and running north 45 degrees 4 minutes 2.8 seconds west 78.09 feet to a point N701341.18, E1109217.98, thence running north 5 degrees 8 minutes 34.6 seconds east 180.14 feet to a point N701520.59, E1109234.13, thence running north 54 degrees 5 minutes 50.1 seconds east 112.57 feet to a point N701568.04, E1109299.66, thence running south 7 degrees 47 minutes 18.4 seconds west 292.58 feet to the point of origin; and the remaining area north of the channel realignment beginning at a point N700956.28, E1109310.91 thence running north 2 degrees 19 minutes 57.1 seconds east 305.49 feet west to a point N701261.52, E1109323.34 north 7 degrees 47 minutes 18.4 seconds east 328.11 feet to a point N701586.60, E1109367.81 thence running north 90 degrees 0 minutes 0 seconds east 7.81 feet to a point N701586.60, E1109375.62 thence running south 5 degrees 8 minutes 34.6 seconds west 626.29 feet to a point N700962.83, E1109319.47 thence south 52 degrees 35 minutes 36.5 seconds 10.79 feet to the point of origin is no longer authorized beginning on the date of enactment of this Act. (4) Hillsborough (Hillsboro) Bay and River, Florida The portions of the project for navigation, Hillsborough (Hillsboro) Bay and River, Florida, authorized by the Act of March 3, 1899 (30 Stat. 1126; chapter 425), that extend on either side of the Hillsborough River from the Kennedy Boulevard bridge to the mouth of the river that cause the existing channel to exceed 100 feet in width are no longer authorized beginning on the date of enactment of this Act. (5) Kahului Wastewater Reclamation Facility, Maui, Hawaii The project authorized pursuant to section 14 of the Flood Control Act of 1946 ( 33 U.S.C. 701r ) to provide shoreline protection for the Kahului Wastewater Reclamation Facility, located on the Island of Maui in the State of Hawaii is no longer authorized beginning on the date of enactment of this Act. (6) Lucas-Berg Pit, Illinois Waterway and Grant Calumet River, Illinois The portion of the project for navigation, Illinois Waterway and Grand Calumet River, Illinois, authorized by the first section of the Act of July 24, 1946 (60 Stat. 636; chapter 595), that consists of the Lucas-Berg Pit confined disposal facility, Illinois is no longer authorized beginning on the date of enactment of this Act. (7) Port of Iberia, Louisiana Section 1001(25) of the Water Resources Development Act of 2007 (121 Stat. 1053) is amended by striking ; except that and all that follows before the period at the end. (8) Rockland Harbor, Maine The project for navigation, Rockland Harbor, Maine, authorized by the Act of June 3, 1896 (29 Stat. 202; chapter 314), and described as follows is no longer authorized beginning on the date of enactment of this Act: (A) Beginning at the point in the 14-foot turning basin limit with coordinates N162,927.61, E826,210.16. (B) Thence running north 45 degrees 45 minutes 15.6 seconds east 287.45 feet to a point N163,128.18, E826,416.08. (C) Thence running south 13 degrees 17 minutes 53.3 seconds east 129.11 feet to a point N163,002.53, E826,445.77. (D) Thence running south 45 degrees 45 minutes 18.4 seconds west 221.05 feet to a point N162,848.30, E826,287.42. (E) Thence running north 44 degrees 14 minutes 59.5 seconds west 110.73 feet to the point of origin. (9) Thomaston Harbor, Georges River, Maine The portion of the project for navigation, Georges River, Maine (Thomaston Harbor), authorized by the first section of the Act of June 3, 1896 (29 Stat. 215, chapter 314), and modified by section 317 of the Water Resources Development Act of 2000 ( Public Law 106–541 ; 114 Stat. 2604), that lies northwesterly of a line commencing at point N87,220.51, E321,065.80 thence running northeasterly about 125 feet to a point N87,338.71, E321,106.46 is no longer authorized beginning on the date of enactment of this Act. (10) Corsica River, Queen Anne’s County, Maryland The portion of the project for improving the Corsica River, Maryland, authorized by the first section of the Act of July 25, 1912 (37 Stat. 205; chapter 253), and described as follows is no longer authorized beginning on the date of enactment of this Act: Approximately 2,000 feet of the eastern section of the project channel extending from— (A) centerline station 0+000 (coordinates N506350.60, E1575013.60); to (B) station 2+000 (coordinates N508012.39, E1574720.18). (11) Goose Creek, Somerset County, Maryland The project for navigation, Goose Creek, Somerset County, Maryland, carried out pursuant to section 107 of the Rivers and Harbor Act of 1960 ( 33 U.S.C. 577 ), is realigned as follows: Beginning at Goose Creek Channel Geometry Centerline of the 60-foot-wide main navigational ship channel, Centerline Station No. 0+00, coordinates North 157851.80, East 1636954.70, as stated and depicted on the Condition Survey Goose Creek, Sheet 1 of 1, prepared by the United States Army Corps of Engineers, Baltimore District, July 2003; thence departing the aforementioned centerline traveling the following courses and distances: S. 64 degrees 49 minutes 06 seconds E., 1583.82 feet to a point, on the outline of said 60-foot-wide channel thence binding on said out-line the following four courses and distances: S. 63 degrees 26 minutes 06 seconds E., 1460.05 feet to a point, thence; N. 50 degrees 38 minutes 26 seconds E., 973.28 feet to a point, thence; N. 26 degrees 13 minutes 09 seconds W., 240.39 feet to a point on the Left Toe of the 60-foot-wide main navigational channel at computed Centerline Station No. 42+57.54, coordinates North 157357.84, East 1640340.23. Geometry Left Toe of the 60-foot-wide main navigational ship channel, Left Toe Station No. 0+00, coordinates North 157879.00, East 1636967.40, as stated and depicted on the Condition Survey Goose Creek, Sheet 1 of 1, prepared by the United States Army Corps of Engineers, Baltimore District, August 2010; thence departing the aforementioned centerline traveling the following courses and distances: S. 64 degrees 49 minutes 12 seconds E., 1583.91 feet to a point, on the outline of said 60-foot-wide channel thence binding on said out-line the following eight courses and distances: S. 63 degrees 25 minutes 38 seconds E., 1366.25 feet to a point, thence; N. 83 degrees 36 minutes 24 seconds E., 125.85 feet to a point, thence; N. 50 degrees 38 minutes 26 seconds E., 805.19 feet to a point, thence; N. 12 degrees 12 minutes 29 seconds E., 78.33 feet to a point thence; N. 26 degrees 13 minutes 28 seconds W., 46.66 feet to a point thence; S. 63 degrees 45 minutes 41 seconds W., 54.96 feet to a point thence; N. 26 degrees 13 minutes 24 seconds W., 119.94 feet to a point on the Left Toe of the 60-foot-wide main navigational channel at computed Centerline Station No. 41+81.10, coordinates North 157320.30, East 1640264.00. Geometry Right Toe of the 60-foot-wide main navigational ship channel, Right Toe Station No. 0+00, coordinates North 157824.70, East 1636941.90, as stated and depicted on the Condition Survey Goose Creek, Sheet 1 of 1, prepared by the United States Army Corps of Engineers, Baltimore District, August 2010; thence departing the aforementioned centerline traveling the following courses and distances: S. 64 degrees 49 minutes 06 seconds E., 1583.82 feet to a point, on the outline of said 60-foot-wide channel thence binding on said out-line the following six courses and distances: S. 63 degrees 25 minutes 47 seconds E., 1478.79 feet to a point, thence; N. 50 degrees 38 minutes 26 seconds E., 1016.69 feet to a point, thence; N. 26 degrees 14 minutes 49 seconds W., 144.26 feet to a point, thence; N. 63 degrees 54 minutes 03 seconds E., 55.01 feet to a point thence; N. 26 degrees 12 minutes 08 seconds W., 120.03 feet to a point a point on the Right Toe of the 60-foot-wide main navigational channel at computed Centerline Station No. 43+98.61, coordinates North 157395.40, East 1640416.50. (12) Lower Thoroughfare, Deal Island, Maryland The portion of the project for navigation, Lower Thoroughfare, Maryland, authorized by the Act of June 25, 1910 (36 Stat. 639, chapter 382) (commonly known as the River and Harbor Act of 1910 ), that begins at Lower Thoroughfare Channel Geometry Centerline of the 60-foot-wide main navigational ship channel, Centerline Station No. 44+88, coordinates North 170435.62, East 1614588.93, as stated and depicted on the Condition Survey Lower Thoroughfare, Deal Island, Sheet 1 of 3, prepared by the United States Army Corps of Engineers, Baltimore District, August 2010; thence departing the aforementioned centerline traveling the following courses and distances: S. 42 degrees 20 minutes 44 seconds W., 30.00 feet to a point, on the outline of said 60-foot-wide channel thence binding on said out-line the following four courses and distances: N. 64 degrees 08 minutes 55 seconds W., 53.85 feet to a point, thence; N. 42 degrees 20 minutes 43 seconds W., 250.08 feet to a point, thence; N. 47 degrees 39 minutes 03 seconds E., 20.00 feet to a point, thence; S. 42 degrees 20 minutes 44 seconds E., 300.07 feet to a point binding on the Left Toe of the 60-foot-wide main navigational channel at computed Centerline Station No. 43+92.67, coordinates North 170415.41, 1614566.76; thence; continuing with the aforementioned centerline the following courses and distances: S. 42 degrees 20 minutes 42 seconds W., 30.00 feet to a point, on the outline of said 60-foot-wide channel thence binding on said out-line the following four courses and distances: N. 20 degrees 32 minutes 06 seconds W., 53.85 feet to a point, thence; N. 42 degrees 20 minutes 49 seconds W., 250.08 feet to a point, thence; S. 47 degrees 39 minutes 03 seconds W., 20.00 feet to a point, thence; S. 42 degrees 20 minutes 46 seconds E., 300.08 feet to a point binding on the Left Toe of the 60-foot-wide main navigational channel at computed Centerline Station No. 43+92.67, coordinates North 170415.41, 1614566.76 is no longer authorized beginning on the date of enactment of this Act. (13) Gloucester Harbor and Annisquam River, Massachusetts The portions of the project for navigation, Gloucester Harbor and Annisquam River, Massachusetts, authorized by section 2 of the Act of March 2, 1945 (59 Stat. 12; chapter 19), consisting of an 8-foot anchorage area in Lobster Cove, and described as follows are no longer authorized beginning on the date of enactment of this Act: (A) Beginning at a bend along the easterly limit of the existing project, N3063230.31, E878283.77, thence running northwesterly about 339 feet to a point, N3063478.86, E878053.83, thence running northwesterly about 281 feet to a bend on the easterly limit of the existing project, N3063731.88, E877932.54, thence running southeasterly about 612 feet along the easterly limit of the existing project to the point of origin. (B) Beginning at a bend along the easterly limit of the existing project, N3064065.80, E878031.45, thence running northwesterly about 621 feet to a point, N3064687.05, E878031.13, thence running southwesterly about 122 feet to a point, N3064686.98, E877908.85, thence running southeasterly about 624 feet to a point, N3064063.31, E877909.17, thence running southwesterly about 512 feet to a point, N3063684.73, E877564.56, thence running about 741 feet to a point along the westerly limit of the existing project, N3063273.98, E876947.77, thence running northeasterly about 533 feet to a bend along the westerly limit of the existing project, N3063585.62, E877380.63, thence running about 147 feet northeasterly to a bend along the westerly limit of the project, N3063671.29, E877499.63, thence running northeasterly about 233 feet to a bend along the westerly limit of the existing project, N3063840.60, E877660.29, thence running about 339 feet northeasterly to a bend along the westerly limit of the existing project, N3064120.34, E877852.55, thence running about 573 feet to a bend along the westerly limit of the existing project, N3064692.98, E877865.04, thence running about 113 feet to a bend along the northerly limit of the existing project, N3064739.51, E877968.31, thence running 145 feet southeasterly to a bend along the northerly limit of the existing project, N3064711.19, E878110.69, thence running about 650 feet along the easterly limit of the existing project to the point of origin. (14) Clatsop County Diking District No. 10, Karlson Island, Oregon The Diking District No. 10, Karlson Island portion of the project for raising and improving existing levees in Clatsop County, Oregon, authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1590) is no longer authorized beginning on the date of enactment of this Act. (15) Numberg Dike No. 34 leveed area, Clatsop County Diking District No. 13, Clatsop County, Oregon (Walluski-Youngs) The Numberg Dike No. 34 leveed area, Clatsop County Diking District, No. 13, Walluski River and Youngs River dikes, portion of the project for raising and improving existing levees in Clatsop County, Oregon, authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1590) is no longer authorized beginning on the date of enactment of this Act. (16) East Fork of Trinity River, Texas The portion of the project for flood protection on the East Fork of the Trinity River, Texas, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1185), that consists of the 2 levees identified as Kaufman County Levees K5E and K5W is no longer authorized beginning on the date of enactment of this Act. (17) Burnham Canal, Wisconsin The portion of the project for navigation, Milwaukee Harbor Project, Milwaukee, Wisconsin, known as the Burnham Canal, authorized by the first section of the Act of March 3, 1843 (5 Stat. 619; chapter 85), and described as follows is no longer authorized beginning on the date of enactment of this Act: (A) Beginning at channel point #415a N381768.648, E2524554.836, a distance of about 170.58 feet. (B) Thence running south 53 degrees 43 minutes 41 seconds west to channel point #417 N381667.728, E2524417.311, a distance of about 35.01 feet. (C) Thence running south 34 degrees 10 minutes 40 seconds west to channel point #501 N381638.761, E2524397.639, a distance of about 139.25 feet. (D) Thence running south 34 degrees 10 minutes 48 seconds west to channel point #503 N381523.557, E2524319.406, a distance of about 235.98 feet. (E) Thence running south 32 degrees 59 minutes 13 seconds west to channel point #505 N381325.615, E2524190.925, a distance of about 431.29 feet. (F) Thence running south 32 degrees 36 minutes 05 seconds west to channel point #509 N380962.276, E2523958.547, a distance of about 614.52 feet. (G) Thence running south 89 degrees 05 minutes 00 seconds west to channel point #511 N380952.445, E2523344.107, a distance of about 74.68 feet. (H) Thence running north 89 degrees 04 minutes 59 seconds west to channel point #512 N381027.13, E2523342.91, a distance of about 533.84 feet. (I) Thence running north 89 degrees 05 minutes 00 seconds east to channel point #510 N381035.67, E2523876.69, a distance of about 47.86 feet. (J) Thence running north 61 degrees 02 minutes 07 seconds east to channel point #508 N381058.84, E2523918.56, a distance of about 308.55 feet. (K) Thence running north 36 degrees 15 minutes 29 seconds east to channel point #506 N381307.65, E2524101.05, a distance of about 199.98 feet. (L) Thence running north 32 degrees 59 minutes 12 seconds east to channel point #504 N381475.40, E2524209.93, a distance of about 195.14 feet. (M) Thence running north 26 degrees 17 minutes 22 seconds east to channel point #502 N381650.36, E2524296.36, a distance of about 81.82 feet. (N) Thence running north 88 degrees 51 minutes 05 seconds west to channel point #419 N381732.17, E2524294.72, a distance of about 262.65 feet. (O) Thence running north 82 degrees 01 minutes 02 seconds east to channel point #415a, the point of origin. (18) Manitowoc Harbor, Wisconsin The portion of the project for navigation, Manitowoc River, Manitowoc, Wisconsin, authorized by the Act of August 30, 1852 (10 Stat. 58; chapter 104), and described as follows is no longer authorized beginning on the date of enactment of this Act: The triangular area bound by— (A) 44.09893383N and 087.66854912W; (B) 44.09900535N and 087.66864372W; and (C) 44.09857884N and 087.66913123W. (b) Seward Waterfront, Seward, Alaska (1) In general Subject to paragraph (2), the portion of the project for navigation, Seward Harbor, Alaska, identified as Tract H, Seward Original Townsite, Waterfront Park Replat, Plat No 2012–4, Seward Recording District, shall not be subject to navigation servitude beginning on the date of enactment of this Act. (2) Entry by Federal Government The Federal Government may enter upon the property referred to in paragraph (1) to carry out any required operation and maintenance of the general navigation features of the project referred to in paragraph (1). (c) Port of Hood River, Oregon (1) Extinguishment of portions of existing flowage easement With respect to the properties described in paragraph (2), beginning on the date of enactment of this Act, the flowage easement identified as Tract 1200E–6 on the Easement Deed recorded as Instrument No. 740320 is extinguished above elevation 79.39 feet (NGVD 29) the Ordinary High Water Line. (2) Affected properties The properties referred to in paragraph (1), as recorded in Hood River County, Oregon, are as follows: (A) Instrument Number 2010–1235. (B) Instrument Number 2010–02366. (C) Instrument Number 2010–02367. (D) Parcel 2 of Partition Plat #2011–12P. (E) Parcel 1 of Partition Plat 2005–26P. (3) Federal liabilities; cultural, environmental, and other regulatory reviews (A) Federal liability The United States shall not be liable for any injury caused by the extinguishment of the easement under this subsection. (B) Cultural and environmental regulatory actions Nothing in this subsection establishes any cultural or environmental regulation relating to the properties described in paragraph (2). (4) Effect on other rights Nothing in this subsection affects any remaining right or interest of the Corps of Engineers in the properties described in paragraph (2). 6005. Land conveyances (a) Oakland Inner Harbor Tidal Canal, California Section 3182(b)(1) of the Water Resources Development Act of 2007 ( Public Law 110–114 ; 121 Stat. 1165) is amended— (1) in subparagraph (A) by inserting , or to a multicounty public entity that is eligible to hold title to real property after To the city of Oakland ; and (2) in subparagraphs (B) and (C) by inserting multicounty public entity or other before public entity . (b) St. Charles County, Missouri, land exchange (1) Definitions In this subsection: (A) Federal land The term Federal land means approximately 84 acres of land, as identified by the Secretary, that is a portion of the approximately 227 acres of land leased from the Corps of Engineers by Ameren Corporation for the Portage Des Sioux Power Plant in St. Charles County, Missouri (Lease No. DA-23-065–CIVENG–64–651, Pool 26). (B) Non-Federal land The term non-Federal land means the approximately 68 acres of land owned by Ameren Corporation in Jersey County, Illinois, contained within the north half of section 23, township 6 north, range 11 west of the third principal meridian. (2) Land exchange On conveyance by Ameren Corporation to the United States of all right, title, and interest in and to the non-Federal land, the Secretary shall convey to Ameren Corporation all right, title, and interest of the United States in and to the Federal land. (3) Specific conditions (A) Deeds (i) Deed to non-Federal land The Secretary may only accept conveyance of the non-Federal land by warranty deed, as determined acceptable by the Secretary. (ii) Deed to Federal land The Secretary shall convey the Federal land to Ameren Corporation by quitclaim deed. (B) Cash payment If the appraised fair market 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, Ameren Corporation shall make a cash payment to the United States reflecting the difference in the appraised fair market values. (c) Tulsa Port of Catoosa, Rogers County, Oklahoma, Land Exchange (1) Definitions In this subsection: (A) Federal land The term Federal land means the approximately 87 acres of land situated in Rogers County, Oklahoma, contained within United States Tracts 413 and 427 and acquired for the McClellan-Kerr Arkansas Navigation System. (B) Non-Federal land The term non-Federal 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. (2) Land exchange 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. (3) Specific conditions (A) Deeds (i) Deed to non-Federal land The Secretary may only accept conveyance of the non-Federal land by warranty deed, as determined acceptable by the Secretary. (ii) Deed to Federal land The Secretary shall convey the Federal land to the Tulsa Port of Catoosa by quitclaim deed and subject to any reservations, terms, and conditions the Secretary determines necessary to allow the United States to operate and maintain the McClellan-Kerr Arkansas River Navigation System. (iii) Cash payment If the appraised fair market 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. (d) Hammond Boat Basin, Warrenton, Oregon (1) Definitions In this subsection: (A) City The term City means the city of Warrenton, located in Clatsop County, Oregon. (B) Map The term map means the map contained in Exhibit A of Department of the Army Lease No. DACW57–1–88–0033 (or a successor instrument). (2) Conveyance authority Subject to the provisions of this subsection, the Secretary shall convey to the City by quitclaim deed, and without consideration, all right, title, and interest of the United States in and to the parcel of land described in paragraph (3). (3) Description of land (A) In general Except as provided in subparagraph (B), the land referred to in paragraph (2) is the parcel totaling approximately 59 acres located in the City, together with any improvements thereon, including the Hammond Marina (as described in the map). (B) Exclusion The land referred to in paragraph (2) shall not include the site provided for the fisheries research support facility of the National Marine Fisheries Service. (C) Availability of map The map shall be on file in the Portland District Office of the Corps of Engineers. (4) Terms and conditions As a condition of the conveyance under this subsection, the Secretary may impose a requirement that the City assume full responsibility for operating and maintaining the channel and the breakwater. (5) Reversion If the Secretary determines that the land conveyed under this subsection ceases to be owned by the public, all right, title, and interest in and to the land shall revert, at the discretion of the Secretary, to the United States. (6) Deauthorization After the land is conveyed under this subsection, the land shall no longer be a portion of the project for navigation, Hammond Small Boat Basin, Oregon, authorized by section 107 of the Rivers and Harbor Act of 1960 ( 33 U.S.C. 577 ). (e) Craney Island Dredged Material Management Area, Portsmouth, Virginia (1) In general Subject to the conditions described in this subsection, the Secretary may convey to the Commonwealth of Virginia, by quitclaim deed and without consideration, all right, title, and interest of the United States in and to 2 parcels of land situated within the project for navigation, Craney Island Eastward Expansion, Norfolk Harbor and Channels, Hampton Roads, Virginia, authorized by section 1001(45) of the Water Resources Development Act of 2007 ( Public Law 110–114 ; 121 Stat. 1057), together with any improvements thereon. (2) Lands To be conveyed (A) In general The 2 parcels of land to be conveyed under this subsection include a parcel consisting of approximately 307.82 acres of land and a parcel consisting of approximately 13.33 acres of land, both located along the eastern side of the Craney Island Dredged Material Management Area in Portsmouth, Virginia. (B) Use The 2 parcels of land described in subparagraph (A) may be used by the Commonwealth of Virginia exclusively for the purpose of port expansion, including the provision of road and rail access and the construction of a shipping container terminal. (3) Reversion If the Secretary determines that the land conveyed under this subsection ceases to be owned by the public or is used for any purpose that is inconsistent with paragraph (2), all right, title, and interest in and to the land shall revert, at the discretion of the Secretary, to the United States. (f) City of Asotin, Washington (1) In general The Secretary shall convey to the city of Asotin, Asotin County, Washington, without monetary consideration, all right, title, and interest of the United States in and to the land described in paragraph (3). (2) Reversion If the land transferred under this subsection ceases at any time to be used for a public purpose, the land shall revert to the United States. (3) Description The land to be conveyed to the city of Asotin, Washington, under this subsection are— (A) the public ball fields designated as Tracts 1503, 1605, 1607, 1609, 1611, 1613, 1615, 1620, 1623, 1624, 1625, 1626, and 1631; and (B) other leased areas designated as Tracts 1506, 1522, 1523, 1524, 1525, 1526, 1527, 1529, 1530, 1531, and 1563. (g) Generally applicable provisions (1) Survey to obtain legal description The exact acreage and the legal description of any real property to be conveyed under this section shall be determined by a survey that is satisfactory to the Secretary. (2) Applicability of property screening provisions Section 2696 of title 10, United States Code, shall not apply to any conveyance under this section. (3) Additional terms and conditions The Secretary may require that any conveyance under this section be subject to such additional terms and conditions as the Secretary considers necessary and appropriate to protect the interests of the United States. (4) Costs of conveyance An entity to which a conveyance is made under this section shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance. (5) Liability An entity to which a conveyance is made under this section shall hold the United States harmless from any liability with respect to activities carried out, on or after the date of the conveyance, on the real property conveyed. The United States shall remain responsible for any liability with respect to activities carried out, before such date, on the real property conveyed. (h) Release of use restrictions Notwithstanding any other provision of law, the Tennessee Valley Authority shall, without monetary consideration, grant releases from real estate restrictions established pursuant to section 4(k)(b) of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831c(k)(b)) with respect to tracts of land identified in section 4(k)(b) of that Act, subject to the condition that such releases shall be granted in a manner consistent with applicable Tennessee Valley Authority policies. VII Water resources infrastructure 7001. Annual report to Congress (a) In general Not later than February 1 of each year, the Secretary shall develop and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual report, to be entitled Report to Congress on Future Water Resources Development , that identifies the following: (1) Feasibility reports Each feasibility report that meets the criteria established in subsection (c)(1)(A). (2) Proposed feasibility studies Any proposed feasibility study submitted to the Secretary by a non-Federal interest pursuant to subsection (b) that meets the criteria established in subsection (c)(1)(A). (3) Proposed modifications Any proposed modification to an authorized water resources development project or feasibility study that meets the criteria established in subsection (c)(1)(A) that— (A) is submitted to the Secretary by a non-Federal interest pursuant to subsection (b); or (B) is identified by the Secretary for authorization. (b) Requests for proposals (1) Publication Not later than May 1 of each year, the Secretary shall publish in the Federal Register a notice requesting proposals from non-Federal interests for proposed feasibility studies and proposed modifications to authorized water resources development projects and feasibility studies to be included in the annual report. (2) Deadline for requests The Secretary shall include in each notice required by this subsection a requirement that non-Federal interests submit to the Secretary any proposals described in paragraph (1) by not later than 120 days after the date of publication of the notice in the Federal Register in order for the proposals to be considered for inclusion in the annual report. (3) Notification On the date of publication of each notice required by this subsection, the Secretary shall— (A) make the notice publicly available, including on the Internet; and (B) provide written notification of the publication to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (c) Contents (1) Feasibility reports, proposed feasibility studies, and proposed modifications (A) Criteria for inclusion in report The Secretary shall include in the annual report only those feasibility reports, proposed feasibility studies, and proposed modifications to authorized water resources development projects and feasibility studies that— (i) are related to the missions and authorities of the Corps of Engineers; (ii) require specific congressional authorization, including by an Act of Congress; (iii) have not been congressionally authorized; (iv) have not been included in any previous annual report; and (v) if authorized, could be carried out by the Corps of Engineers. (B) Description of benefits (i) Description The Secretary shall describe in the annual report, to the extent applicable and practicable, for each proposed feasibility study and proposed modification to an authorized water resources development project or feasibility study included in the annual report, the benefits, as described in clause (ii), of each such study or proposed modification (including the water resources development project that is the subject of the proposed feasibility study or the proposed modification to an authorized feasibility study). (ii) Benefits The benefits (or expected benefits, in the case of a proposed feasibility study) described in this clause are benefits to— (I) the protection of human life and property; (II) improvement to transportation; (III) the national economy; (IV) the environment; or (V) the national security interests of the United States. (C) Identification of other factors The Secretary shall identify in the annual report, to the extent practicable— (i) for each proposed feasibility study included in the annual report, the non-Federal interest that submitted the proposed feasibility study pursuant to subsection (b); and (ii) for each proposed feasibility study and proposed modification to an authorized water resources development project or feasibility study included in the annual report, whether the non-Federal interest has demonstrated— (I) that local support exists for the proposed feasibility study or proposed modification to an authorized water resources development project or feasibility study (including the water resources development project that is the subject of the proposed feasibility study or the proposed modification to an authorized feasibility study); and (II) the financial ability to provide the required non-Federal cost share. (2) Transparency The Secretary shall include in the annual report, for each feasibility report, proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility study included under paragraph (1)(A)— (A) the name of the associated non-Federal interest, including the name of any non-Federal interest that has contributed, or is expected to contribute, a non-Federal share of the cost of— (i) the feasibility report; (ii) the proposed feasibility study; (iii) the authorized feasibility study for which the modification is proposed; or (iv) construction of— (I) the water resources development project that is the subject of— (aa) the feasibility report; (bb) the proposed feasibility study; or (cc) the authorized feasibility study for which a modification is proposed; or (II) the proposed modification to an authorized water resources development project; (B) a letter or statement of support for the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study from each associated non-Federal interest; (C) the purpose of the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study; (D) an estimate, to the extent practicable, of the Federal, non-Federal, and total costs of— (i) the proposed modification to an authorized feasibility study; and (ii) construction of— (I) the water resources development project that is the subject of— (aa) the feasibility report; or (bb) the authorized feasibility study for which a modification is proposed, with respect to the change in costs resulting from such modification; or (II) the proposed modification to an authorized water resources development project; and (E) an estimate, to the extent practicable, of the monetary and nonmonetary benefits of— (i) the water resources development project that is the subject of— (I) the feasibility report; or (II) the authorized feasibility study for which a modification is proposed, with respect to the benefits of such modification; or (ii) the proposed modification to an authorized water resources development project. (3) Certification The Secretary shall include in the annual report a certification stating that each feasibility report, proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility study included in the annual report meets the criteria established in paragraph (1)(A). (4) Appendix The Secretary shall include in the annual report an appendix listing the proposals submitted under subsection (b) that were not included in the annual report under paragraph (1)(A) and a description of why the Secretary determined that those proposals did not meet the criteria for inclusion under such paragraph. (d) Special rule for initial annual report Notwithstanding any other deadlines required by this section, the Secretary shall— (1) not later than 60 days after the date of enactment of this Act, publish in the Federal Register a notice required by subsection (b)(1); and (2) include in such notice a requirement that non-Federal interests submit to the Secretary any proposals described in subsection (b)(1) by not later than 120 days after the date of publication of such notice in the Federal Register in order for such proposals to be considered for inclusion in the first annual report developed by the Secretary under this section. (e) Publication Upon submission of an annual report to Congress, the Secretary shall make the annual report publicly available, including through publication on the Internet. (f) Definitions In this section: (1) Annual report The term annual report means a report required by subsection (a). (2) Feasibility report (A) In general The term feasibility report means a final feasibility report developed under section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ). (B) Inclusions The term feasibility report includes— (i) a report described in section 105(d)(2) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2215(d)(2) ); and (ii) where applicable, any associated report of the Chief of Engineers. (3) Feasibility study The term feasibility study has the meaning given that term in section 105 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2215 ). (4) Non-Federal interest The term non-Federal interest has the meaning given that term in section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ). 7002. Authorization of final feasibility studies The following final feasibility studies for water resources development and conservation and other purposes are authorized to be carried out by the Secretary substantially in accordance with the plan, and subject to the conditions, described in the respective reports designated in this section: (1) Navigation A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Costs 1. TX, LA Sabine Neches Waterway, Southeast Texas and Southwest Louisiana July 22, 2011 Federal: $748,070,000 Non-Federal: $365,970,000 Total: $1,114,040,000 2. FL Jacksonville Harbor- Milepoint Apr. 30, 2012 Federal: $27,870,000 Non-Federal: $9,290,000 Total: $37,160,000 3. GA Savannah Harbor Expansion Project Aug. 17, 2012 Federal: $492,000,000 Non-Federal: $214,000,000 Total: $706,000,000 4. TX Freeport Harbor Jan. 7,  2013 Federal: $121,000,000 Non-Federal: $118,300,000 Total: $239,300,000 5. FL Canaveral Harbor (Sect 203 Sponsor Report) Feb. 25, 2013 Federal: $29,240,000 Non-Federal: $11,830,000 Total: $41,070,000 6. MA Boston Harbor Sept. 30, 2013 Federal: $216,470,000 Non-Federal: $94,510,000 Total: $310,980,000 7. FL Lake Worth Inlet Apr. 16, 2014 Federal: $57,556,000 Non-Federal: $30,975,000 Total: $88,531,000 8. FL Jacksonville Harbor Apr. 16, 2014 Federal: $362,000,000 Non-Federal: $238,900,000 Total: $600,900,000 (2) Flood Risk Management A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Costs 1. KS Topeka Aug. 24, 2009 Federal: $17,360,000 Non-Federal: $9,350,000 Total: $26,710,000 2. CA American River Watershed, Common Features Project, Natomas Basin Dec. 30, 2010 Federal: $760,630,000 Non-Federal: $386,650,000 Total: $1,147,280,000 3. IA Cedar River, Cedar Rapids Jan. 27, 2011 Federal: $73,130,000 Non-Federal: $39,380,000 Total: $112,510,000 4. MN, ND Fargo-Moorhead Metro Dec. 19, 2011 Federal: $846,700,000 Non-Federal: $1,077,600,000 Total: $1,924,300,000 5. KY Ohio River Shoreline, Paducah May 16, 2012 Federal: $13,170,000 Non-Federal: $7,090,000 Total: $20,260,000 6. MO Jordan Creek, Springfield Aug. 26, 2013 Federal: $13,560,000 Non-Federal: $7,300,000 Total: $20,860,000 7. CA Orestimba Creek, San Joaquin River Basin Sept. 25, 2013 Federal: $23,680,000 Non-Federal: $21,650,000 Total: $45,330,000 8. CA Sutter Basin Mar. 12, 2014 Federal: $255,270,000 Non-Federal: $433,660,000 Total: $688,930,000 9. NV Truckee Meadows Apr. 11, 2014 Federal: $181,652,000 Non-Federal: $99,168,000 Total: $280,820,000 (3) Hurricane and Storm Damage Risk Reduction A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Initial Costs and Estimated Renourishment Costs 1. NC West Onslow Beach and New River Inlet (Topsail Beach) Sept. 28, 2009 Initial Federal: $29,900,000 Initial Non-Federal: $16,450,000 Initial Total: $46,350,000 Renourishment Federal: $69,410,000 Renourishment Non-Federal: $69,410,000 Renourishment Total: $138,820,000 2. NC Surf City and North Topsail Beach Dec. 30, 2010 Initial Federal: $84,770,000 Initial Non-Federal: $45,650,000 Initial Total: $130,420,000 Renourishment Federal: $122,220,000 Renourishment Non-Federal: $122,220,000 Renourishment Total: $244,440,000 3. CA San Clemente Shoreline Apr. 15,  2012 Initial Federal: $7,420,000 Initial Non-Federal: $3,990,000 Initial Total: $11,410,000 Renourishment Federal: $43,835,000 Renourishment Non-Federal: $43,835,000 Renourishment Total: $87,670,000 4. FL Walton County July 16, 2013 Initial Federal: $17,945,000 Initial Non-Federal: $46,145,000 Initial Total: $64,090,000 Renourishment Federal: $24,740,000 Renourishment Non-Federal: $82,820,000 Renourishment Total: $107,560,000 5. LA Morganza to the Gulf July 8, 2013 Federal: $6,695,400,000 Non-Federal: $3,604,600,000 Total: $10,300,000,000 (4) Hurricane and Storm Damage Risk Reduction and Environmental Restoration A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Costs 1. MS Mississippi Coastal Improvement Program (MSCIP) Hancock, Harrison, and Jackson Counties Sept. 15, 2009 Federal: $693,300,000 Non-Federal: $373,320,000 Total: $1,066,620,000 (5) Environmental Restoration A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Costs 1. MD Mid-Chesapeake Bay Island Aug. 24, 2009 Federal: $1,240,750,000 Non-Federal: $668,100,000 Total: $1,908,850,000 2. FL Central and Southern Florida Project, Comprehensive Everglades Restoration Plan, Caloosahatchee River (C–43) West Basin Storage Project, Hendry County Mar. 11, 2010 and Jan. 6, 2011 Federal: $313,300,000 Non-Federal: $313,300,000 Total: $626,600,000 3. LA Louisiana Coastal Area Dec. 30, 2010 Federal: $1,026,000,000 Non-Federal: $601,000,000 Total: $1,627,000,000 4. MN Marsh Lake Dec. 30, 2011 Federal: $6,760,000 Non-Federal: $3,640,000 Total: $10,400,000 5. FL Central and Southern Florida Project, Comprehensive Everglades Restoration Plan, C–111 Spreader Canal Western Project Jan. 30, 2012 Federal: $87,280,000 Non-Federal: $87,280,000 Total: $174,560,000 6. FL CERP Biscayne Bay Coastal Wetland, Florida May 2,  2012 Federal: $98,510,000 Non-Federal: $98,510,000 Total: $197,020,000 7. FL Central and Southern Florida Project, Broward County Water Preserve Area May 21, 2012 Federal: $448,070,000 Non-Federal: $448,070,000 Total: $896,140,000 8. LA Louisiana Coastal Area-Barataria Basin Barrier June 22, 2012 Federal: $321,750,000 Non-Federal: $173,250,000 Total: $495,000,000 9. NC Neuse River Basin Apr. 23, 2013 Federal: $23,830,000 Non-Federal: $12,830,000 Total: $36,660,000 10. VA Lynnhaven River Mar. 27, 2014 Federal: $22,821,500 Non-Federal: $12,288,500 Total: $35,110,000 11. OR Willamette River Floodplain Restoration Jan. 6, 2014 Federal: $27,401,000 Non-Federal: $14,754,000 Total: $42,155,000 7003. Authorization of project modifications recommended by the Secretary The following project modifications for water resources development and conservation and other purposes are authorized to be carried out by the Secretary substantially in accordance with the recommendations of the Secretary, as specified in the letters referred to in this section: A. State B. Name C. Date of Secretary's Recommendation Letter D. Updated Authorization Project Costs 1. MN Roseau River Jan. 24, 2013 Estimated Federal: $25,455,000 Estimated non-Federal: $18,362,000 Total: $43,817,000 2. IL Wood River Levee System Reconstruction May 7, 2013 Estimated Federal: $16,678,000 Estimated non-Federal: $8,980,000 Total: $25,658,000 3. TX Corpus Christi Ship Channel Aug. 8, 2013 Estimated Federal: $182,582,000 Estimated non-Federal: $170,649,000 Total: $353,231,000 4. IA Des Moines River and Raccoon River Project Feb. 12, 2014 Estimated Federal: $14,990,300 Estimated non-Federal: $8,254,700 Total: $23,245,000 5. MD Poplar Island Feb. 26, 2014 Estimated Federal: $868,272,000 Estimated non-Federal: $365,639,000 Total: $1,233,911,000 6. IL Lake Michigan (Chicago Shoreline) Mar. 18, 2014 Estimated Federal: $185,441,000 Estimated non-Federal: $355,105,000 Total: $540,546,000 7. NE Western Sarpy and Clear Creek Mar. 20, 2014 Estimated Federal: $28,128,800 Estimated non-Federal: $15,146,300 Total: $43,275,100 8. MO Cape Girardeau Apr. 14, 2014 Estimated Federal: $17,687,000 Estimated non-Federal: $746,000 Total: $18,433,000 7004. Expedited consideration in the House and Senate (a) Consideration in the House of Representatives (1) Definition of interim authorization bill In this subsection, the term interim authorization bill means a bill of the 113th Congress introduced after the date of enactment of this Act in the House of Representatives by the chair of the Committee on Transportation and Infrastructure which— (A) has the following title: A bill to provide for the authorization of certain water resources development or conservation projects outside the regular authorization cycle. ; and (B) only contains— (i) authorization for 1 or more water resources development or conservation projects for which a final report of the Chief of Engineers has been completed; or (ii) deauthorization for 1 or more water resources development or conservation projects. (2) Expedited consideration If an interim authorization bill is not reported by a committee to which it is referred within 30 calendar days, the committee shall be discharged from its further consideration and the bill shall be referred to the appropriate calendar. (b) Consideration in the Senate (1) Policy The benefits of water resource projects designed and carried out in an economically justifiable, environmentally acceptable, and technically sound manner are important to the economy and environment of the United States and recommendations to Congress regarding those projects should be expedited for approval in a timely manner. (2) Applicability The procedures under this subsection apply to projects for water resources development, conservation, and other purposes, subject to the conditions that— (A) each project is carried out— (i) substantially in accordance with the plan identified in the report of the Chief of Engineers for the project; and (ii) subject to any conditions described in the report for the project; and (B) (i) a report of the Chief of Engineers has been completed; and (ii) after the date of enactment of this Act, the Assistant Secretary of the Army for Civil Works has submitted to Congress a recommendation to authorize construction of the project. (3) Expedited consideration (A) In general A bill shall be eligible for expedited consideration in accordance with this subsection if the bill— (i) authorizes a project that meets the requirements described in paragraph (2); and (ii) is referred to the Committee on Environment and Public Works of the Senate. (B) Committee consideration (i) In general Not later than January 31st of the second session of each Congress, the Committee on Environment and Public Works of the Senate shall— (I) report all bills that meet the requirements of subparagraph (A); or (II) introduce and report a measure to authorize any project that meets the requirements described in paragraph (2). (ii) Failure to act Subject to clause (iii), if the committee fails to act on a bill that meets the requirements of subparagraph (A) by the date specified in clause (i), the bill shall be discharged from the committee and placed on the calendar of the Senate. (iii) Exceptions Clause (ii) shall not apply if— (I) in the 180-day period immediately preceding the date specified in clause (i), the full committee holds a legislative hearing on a bill to authorize all projects that meet the requirements described in paragraph (2); (II) (aa) the committee favorably reports a bill to authorize all projects that meet the requirements described in paragraph (2); and (bb) the bill described in item (aa) is placed on the calendar of the Senate; or (III) a bill that meets the requirements of subparagraph (A) is referred to the committee not earlier than 30 days before the date specified in clause (i). (4) Termination The procedures for expedited consideration under this subsection terminate on December 31, 2018. (c) Rules of the Senate and House of Representatives This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a bill addressed by this section, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

Speaker of the House of Representatives. Vice President of the United States and President of the Senate.