---
kind: "diff"
citation: "H.R. 3080"
bill: "113-hr-3080"
heading: "Water Resources Reform and Development Act of 2014"
from: "rh"
from_label: "Reported in House"
to: "eh"
to_label: "Engrossed in House"
sections_amended: 39
sections_added: 10
sections_removed: 0
url: "https://uscodex.org/bills/113/hr/3080/changes/eh"
---
# H.R. 3080 — what changed
H.R. 3080, Water Resources Reform and Development Act of 2014 — 39 sections amended and 10 added between Reported in House and Engrossed in House.
Edits are marked `struck` and `inserted`.
## Sec. 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).
## Sec. 105 Expedited completion of reports
- Section 911 of the Water Resources Development Act of 1986 (33 U.S.C. 2288) is repealed.The Secretary shall—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).
## Sec. 106 Removal of duplicative analyses
- Section 911 of the Water Resources Development Act of 1986 (33 U.S.C. 2288) is repealed.
- (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— 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— 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— 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.
## Sec. 107 Expediting approval of modifications and alterations of projects by non-Federal interests
- (a) Construction of water resources development projects—In general— Section 211 Not later than 1 year after the date of enactment of this Act, the Water Resources Development Act Secretary, after providing notice and an opportunity for comment, shall establish a process for the review of 1996 (33 U.S.C. 701b–13) is amended—section 14 applications in a timely and consistent manner.
- (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 14 application defined— Section 211(c) of such Act (33 U.S.C. 701b–13(c)) is amended In this section, the term “section 14 application” means an application submitted by striking “date an applicant to the Secretary requesting permission for the temporary occupation or use of a public work, or the enactment alteration or permanent occupation or use of this Act” and inserting “date a public work, under section 14 of enactment 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 Water Resources Reform “Rivers and Development Harbors Appropriation Act of 2013”.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.
- (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.”
- (3) Notice— by striking subparagraph (B) and inserting In any case in which the following: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.
- “(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—Failure To achieve benchmark goals— Section 211(e) of such Act (33 U.S.C. 701b–13(e)) is amended—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 paragraph (1)—accordance with such process;
- (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) in paragraph (6)—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.
- (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.
## Sec. 108 Construction of projects by non-Federal interests
- (a) In general—Construction of water resources development projects— Section 5 211 of the Act entitled “An Water Resources Development Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved June 22, 1936 1996 (33 U.S.C. 701h), 701b–13) is amended—
- (1) in the section heading by striking “from States and political subdivisions thereof,” “flood control” 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))”;“water resources development”; and
- (2) by striking “, which includes planning “flood control” each place it appears and design”;inserting “water resources development”.
- (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—Completion of studies and design activities— Prior to the initiation of negotiations for accepting contributed funds under section 5 Section 211(c) of the Act entitled “An such 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 701b–13(c)) is amended by striking “date of the House enactment of Representatives this Act” and inserting “date of enactment of the Committee on Environment and Public Works Water Resources Reform and the Committee on Appropriations Development Act of the Senate.2013”.
- (c) Technical amendments—Authority To carry out improvements— The following provisions are repealed:Section 211(d)(1) of such Act (33 U.S.C. 701b–13(d)(1)) is amended—
- (1) Section 111(b) of the Energy and Water Development by striking subparagraph (A)(i) and Related Agencies Appropriations Act, 2012 (125 Stat. 858).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.”
- (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, by striking subparagraph (B) and for other purposes”, approved March 4, 1915 (33 U.S.C. 560).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) 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.
## Sec. 109 Contributions by non-Federal interests
- (a) In general— Section 225 5 of the Water Resources Development Act entitled “An Act authorizing the construction of 1992 certain public works on rivers and harbors for flood control, and for other purposes”, approved June 22, 1936 (33 U.S.C. 2328) 701h), is amended—
- (1) by striking the section designation “from States and heading political subdivisions thereof,” and inserting “from a non-Federal interest (as defined in section 221 of the following:Flood Control Act of 1970 (42 U.S.C. 1962d–5b))”;
- “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, “, which includes planning and managing inland navigational facilities, recreational facilities,”; anddesign”;
- (3) in subsection (b) by striking “and management of recreation facilities” and inserting “, maintenance, and management of inland including a project for navigation facilities, recreational facilities,”.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) Clerical amendment—Notification for contributed funds— The table Prior to the initiation of contents contained in negotiations for accepting contributed funds under section 1(b) 5 of the Water Resources Development Act entitled “An Act authorizing the construction of 1992 is amended by striking certain public works on rivers and harbors for flood control, and for other purposes”, approved June 22, 1936 (33 U.S.C. 701h), the item relating Secretary shall provide written notice to section 225 the Committee on Transportation and inserting Infrastructure and the following: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).
## Sec. 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,”.
- Section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280) is amended—
- (b) Clerical amendment— The table of contents contained in section 1(b) of the Water Resources Development Act of 1992 is amended by striking “In order the item relating to insure” section 225 and inserting “(a) In general.—In order to insure”; andthe following:
- (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.”
## Sec. 111 Additional contributions by non-Federal interests
- In any case where the modification or construction Section 902 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.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.”
## Sec. 112 Contributions by non-Federal interests prior to authorization of final feasibility reports
- (a) In general— The Secretary Subject to subsection (b), a non-Federal interest 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—for which—
- (1) a final feasibility report has been explicitly authorized to compensate for fish losses associated with the project; completed; and
- (2) determines that authority for the measures are—Secretary to carry out such project has not specifically been authorized by Congress.
- (b) Conditions— The non-Federal interest—
- (A) feasible;
- (B) consistent with authorized project purposes and the fish hatchery; and
- (C) in the public interest.
- (b) Cost sharing— 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.
- (1) 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 shall, before carrying out under this section.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.
## Sec. 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.
- (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”
- (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).”
- (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.
## Sec. 114 Clarification of previously authorized work
- (a) Limitation; statutory construction—In general— Section 221(a)(4)(E) of The Secretary may carry out measures to improve fish species habitat within the Flood Control Act boundaries and downstream of 1970 (42 U.S.C. 1962d–5b(a)(4)(E)) is amended a water resources project constructed by striking clause (ii) and inserting the following: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.
- “(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—
- (2) Operation and maintenance— by moving paragraphs (1) and (2) and The non-Federal interest shall contribute 100 percent of the matter following paragraph (2) 2 ems to costs of operation, maintenance, replacement, repair, and rehabilitation of the right;measures carried out under this section.
- (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”
- (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.”
## Sec. 115 Tribal partnership program
- (a) In general— The Secretary shall establish a pilot program to evaluate Section 203 of the cost effectiveness and project delivery efficiency Water Resources Development Act 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.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”
- (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).”
- (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) Purposes—Cooperative agreements with Indian tribes— The purposes 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 pilot program established under subsection (a) are—Corps of Engineers to protect fish, wildlife, water quality, and cultural resources.
- (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— 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— 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.
## Sec. 116 Technical corrections
- (a) In general—Limitation; statutory construction— Not later than February 1 of each year, the Secretary shall develop and submit to the Committee on Transportation and Infrastructure Section 221(a)(4)(E) of the House Flood Control Act of Representatives and the Committee on Environment 1970 (42 U.S.C. 1962d–5b(a)(4)(E)) is amended by striking clause (ii) and Public Works of the Senate an annual report, to be entitled “Report to Congress on Future Water Resources Development”, that identifies 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) 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— 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.
- (1) 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 moving paragraphs (1) by not later than 120 days after the date of publication of the notice in and (2) and the Federal Register in order for such proposals matter following paragraph (2) 2 ems to be considered for inclusion in the annual report.right;
- (2) Notification— On the date of publication of each notice required by this subsection, the Secretary shall—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”
- (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”.
- (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— Feasibility reports, proposed feasibility studies, and proposed modifications— 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—Federal allocation— Notwithstanding any other deadlines required Section 2008(a) of the Water Resources Development Act of 2007 (33 U.S.C. 2340(a)) is amended by this section, adding at the Secretary shall—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.”.
- (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—In-Kind credit— Upon submission Section 221(a)(4)(C) of the annual report to Congress, 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 Secretary shall make period at the annual report publicly available, including through publication on end and inserting the Internet.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.”
- (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).
## Sec. 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.
- (a) Recommendations for Corps of Engineers construction projects in President’s budget— 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—Purposes— 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 The purposes of 1986 (100 Stat. 4143), and in conjunction with the President’s submission to Congress of a budget pilot program established under section 1105(a) of title 31, United States Code, the Secretary shall submit to Congress a report that provides—subsection (a) are—
- (1) an inventory of all Federal actions taken and a prioritization of all Federal actions planned in furtherance of to identify cost-saving project delivery alternatives that reduce the project, including an inventory backlog of lands owned, acquired, or directly controlled by the Federal Government, and lands enrolled in federally assisted conservation programs;authorized Corps of Engineers projects; and
- (2) a description of the specific Federal actions proposed for to evaluate the upcoming fiscal year in furtherance technical, financial, and organizational benefits of allowing a non-Federal interest to carry out and manage the project;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.
- (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.
## Sec. 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).
- 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.
## Sec. 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.
- (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—
- (2) Covered period— The President shall make recommendations under paragraph (1) for the plan fiscal year for which the budget submission is technically feasible prepared and environmentally acceptable; andeach of the succeeding 4 fiscal years.
- (3) Basis for making recommendations— the benefits of the plan exceed The President shall base recommendations under paragraph (1) on the costs assumption that $2,000,000,000 will be appropriated for Corps of the plan.Engineers construction projects for each fiscal year.
- (b) Non-Federal costs—Missouri River Basin— If To assist in the Secretary carries prioritization of Federal activities carried out a locally preferred plan under subsection (a), the cost attributable related to the higher level project for mitigation of protection provided 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 plan Secretary shall be paid by the non-Federal interest.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.
## Sec. 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.
- (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.
## Sec. 121 Non-Federal plans to provide additional flood risk reduction
- (a) In general— In any river basin where If requested by a non-Federal interest, the Secretary carries shall carry out a locally preferred plan that provides a higher level of protection than a flood risk management activities subject to an annual operating plan, project authorized under this Act if the Secretary shall establish procedures for providing the public and affected governments, including Indian tribes, in the river basin with—determines that—
- (1) timely information regarding expected water levels;the plan is technically feasible and environmentally acceptable; and
- (2) advice regarding appropriate preparedness actions;the benefits of the plan exceed the costs of the plan.
- (3) technical assistance; and
- (4) any other information or assistance determined appropriate by the Secretary.
- (b) Procedures—Non-Federal costs— The Secretary shall utilize If the procedures only when precipitation or runoff exceeds those calculations considered as Secretary carries out a locally preferred plan under subsection (a), the lowest risk cost attributable to life and property contemplated the higher level of protection provided under the plan shall be paid by the annual operating plan.non-Federal interest.
- (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.
## Sec. 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—
- (a) Administrator— 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”.
- (1) Conforming amendment— Section 2(3) of such Act (33 U.S.C. 467(3)) is amended in the paragraph heading by striking “Director” safety of affected communities to future flooding and inserting “Administrator”.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) Inspection Scope of dams—review— 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”.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.
- (c) National dam safety program— 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”.
## Sec. 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.
- Section 2 of the Freedom to Fish Act (Public Law 113–13; 127 Stat. 449) is amended—
- (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 (b)(1) by striking “until (a) available to the date that is 2 years after public through widely used and readily available means, including on the date of enactment of this Act”;Internet.
- (c) Procedures— in The Secretary shall utilize the heading of subsection (c) procedures only when precipitation or runoff exceeds those calculations considered as the lowest risk to life and property contemplated by inserting “or Modified” after “New”; andthe annual operating plan.
- (d) Definitions— in subsection (c)—In this section, the following definitions apply:
- (A) in matter preceding paragraph (1) by inserting “new or modified” after “establishes any”; and
- (1) Affected government— 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 The term “affected government” means a State, local, or tribal government with the provisions of this subsection”.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.
## Sec. 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”.
- 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.”
## Sec. 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) 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— 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— 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— In general— During the 1-year period beginning on the date of enactment of this Act, the Secretary shall—in matter preceding paragraph (1) by inserting “new or modified” after “establishes any”; and
- (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.
- (B) Content; incorporation into manual— The revised guidelines shall—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”.
- (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.
## Sec. 126 Levee safety
- Section 204(a) 22 of the Water Resources Development Act of 1992 (33 1974 (42 U.S.C. 2326(a)) 1962d–16) is amended by adding at the end redesignating subsection (e) as subsection (f) and inserting after subsection (d) 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.”“(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.”
## Sec. 127 Vegetation on levees
- (a) In general—Review— To the greatest extent practicable, the The Secretary of the Army, in accordance with subsection (c), shall encourage and incorporate advanced modeling technologies, including 3-dimensional digital modeling, undertake a comprehensive review of the Corps of Engineers policy guidelines on vegetation management for activities related levees (in this section referred to water resources development projects and studies.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.
- (b) Activities— In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall—
- (2) Regional and watershed considerations— compile information related to advanced modeling technologies, including industry best practices with respect to In conducting the use 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 technologies;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) 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—
- (2) Recommendations— accelerating Corps of Engineers Regional Integration Teams, representing districts, divisions, and improving headquarters, in consultation with State and Federal resources agencies, and with participation by local agencies, shall recommend to the environmental review process;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.
- (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.
## Sec. 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.”
- (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.
## Sec. 129 Advanced modeling technologies
- (a) In general— To the greatest extent practicable, the Secretary shall encourage and incorporate corrosion prevention advanced modeling technologies, including 3-dimensional digital modeling, for activities at related to water resources development projects.projects and studies.
- (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—shall—
- (1) use compile information related to advanced modeling technologies, including industry best practices with respect to carry out corrosion prevention activities in the field;use of the technologies;
- (2) use industry recognized standards and corrosion mitigation and prevention methods when—disseminate to non-Federal interests the information described in paragraph (1); and
- (A) determining protective coatings;
- (B) selecting materials; and
- (C) determining methods of cathodic protection, design, and engineering for corrosion prevention;
- (3) promote the use certified coating application specialists and cathodic protection technicians and engineers;of advanced modeling technologies.
- (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 Advanced modeling technology defined— In this section, the term “corrosion prevention activities” means—“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) the application and inspection of protective coatings for complex work involving steel accelerating and cementitious structures, including structures that will be exposed in immersion;improving the environmental review process;
- (2) the installation, testing, and inspection of cathodic protection systems; andincreasing effective public participation;
- (3) any other activities related to corrosion prevention enhancing the Secretary determines appropriate.detail and accuracy of project designs;
- (4) increasing safety;
- (5) accelerating construction and reducing construction costs; or
- (6) otherwise achieving such purposes.
## Sec. 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.
- 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.
## Sec. 131 Corrosion prevention
- (a) In general— The To the greatest extent practicable, the Secretary shall conduct an assessment of the management practices, priorities, encourage and authorized purposes incorporate corrosion prevention activities 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.resources development projects.
- (b) Report—Activities— Not later than 1 year after the date of enactment of this Act, In carrying out subsection (a), the Secretary shall submit Secretary, 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.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.
## Sec. 132 Resilient construction and use of innovative materials
- Section 5019 The Secretary, to the extent practicable, shall encourage the use of durable, resilient, and sustainable materials and practices, including the Water Resources Development Act use of 2007 (121 Stat. 1201) is amended by adding at geosynthetic materials, advanced composites, and innovative technologies, in carrying out the end activities of the following:Corps of Engineers.
- “(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.”
## Sec. 133 Assessment of water supply in arid regions
- (a) Findings—In general— Congress finds The Secretary shall conduct an assessment of the following: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.
- (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—Report— It is Not later than 1 year after the sense date of Congress that, because enactment of this Act, the missions Secretary shall submit to the Committee on Transportation and Infrastructure of the Corps House of Engineers are unique Representatives and benefit all individuals in the United States and because water resources development projects are critical to maintaining economic prosperity, national security, Committee on Environment and environmental protection, Congress should consider Public Works of the Senate a water resources development bill not less than once every Congress.report on the results of the assessment.
## Sec. 134 River basin commissions
- 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 Section 5019 of the Tennessee-Tombigbee Waterway Water Resources Development Compact, that the lock and dam located Act of 2007 (121 Stat. 1201) is amended by adding at mile 357.5 on the Tennessee-Tombigbee Waterway should be known and designated as end the “Donald G. Waldon Lock and Dam”.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.”
## Sec. 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.
- 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”.
## Sec. 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”.
- (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.
## Sec. 137 Aquatic invasive species
- Section 1156 104(a) of the Water Resources Development River and Harbor Act of 1986 1958 (33 U.S.C. 2310) 610(a)) is amended—amended by inserting “and aquatic invasive species” after “noxious aquatic plant growths”.
- (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.”
## Sec. 138 Recreational access
- (a) Findings—In general— Congress finds The Secretary may not prohibit the following:use of a floating cabin on waters under the jurisdiction of the Secretary if—
- (1) States and local interests have primary responsibility for developing water supplies the floating cabin is in compliance regulations for domestic, municipal, industrial, recreational vessels issued under chapter 43 of title 46, United States Code, and other purposes.section 312 of the Federal Water Pollution Control Act (33 U.S.C. 1322); and
- (2) The Federal Government cooperates with States and local interests in developing water supplies through the construction, maintenance, and operation Secretary has authorized the use of Federal water resources development projects.recreational vessels on such waters.
- (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—Floating cabin defined— It is In this section, the sense term “floating cabin” means a vessel, as defined in section 3 of Congress that—title 1, United States Code, with overnight accommodations.
- (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.
## Sec. 139 Territories of the United States — added
- 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.”
## Sec. 140 Sense of Congress regarding interstate water agreements and compacts — added
- (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.
## Sec. 141 Report on surface elevations at drought effected lakes — added
- (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).
## Sec. 142 Future water supply — added
- 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.”
## Sec. 143 Congressional consent for new project purposes — added
- 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.
## Sec. 144 Multiagency effort to slow the spread of asian carp in the upper mississippi river and ohio river basins and tributaries — added
- (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.
## Sec. 145 Aquatic invasive species prevention and control — added
- (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).
## Sec. 146 National Ocean Policy implementation — added
- (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.
## Sec. 147 Calculation of benefits and costs for flood damage reduction and hurricane and storm damage reduction projects — added
- (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.
## Sec. 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;activities of the Secretary of the Navy;
- “(I) recreation purposes; andpublic health and safety related equipment for responding to coastal and inland emergencies;
- “(J) any other authorized purpose.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;
- “(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; andmaintenance;
- “(C) not make such allocation based solely on where appropriate, consider national security and military readiness needs in consultation with the tonnage transiting through a harbor.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.”
## Sec. 206 Harbor Maintenance Trust Fund study — added
- (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.
## Sec. 216 Preserving the Inland Waterway Trust Fund
- (a) Olmsted project reform—
- (1) In general— Notwithstanding section 102(a) 3(a)(6) of the Water Resources Development Act of 1986 (33 U.S.C. 2212(a)), 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.
## Sec. 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; andcompleted;
- (3) a schedule for the completion of the projects based on expected levels of appropriations.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.
## Sec. 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.
- (b) [was (4)] 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.