H.R. 3080 — what changed
Water Resources Reform and Development Act of 2014
From Introduced in House to Reported in House. 32 sections amended and 6 added between Introduced in House and Reported in House.
Sec. 103 Environmental streamlining
Declaration of policy—
In general— Congress declares that—
the benefits of water resources projects are important to the Nation’s economy and environment;
it is in the national interest to expedite the delivery of water resources projects;
it is in the national interest for Federal and State agencies, local governments, Indian tribes, and other entities involved in water resources projects—
to accelerate study completion and project delivery and to reduce costs; and
to ensure that the planning, design, engineering, construction, and funding of water resources projects is done in an efficient and effective manner, promoting accountability for public investments and encouraging greater local and private sector involvement in project financing and delivery while addressing public safety and protecting the environment; and
delay in the delivery of water resources studies and projects—
increases project costs, flood risks, and local and Federal expenditures for emergency management and recovery;
harms the economy of the United States; and
impedes the shipment of goods for the conduct of commerce.
Policy— Given the declarations set forth in paragraph (1), it is the policy of the United States that—
recommendations to Congress regarding such projects should be accelerated by coordinated and efficient environmental reviews and cooperative efforts to quickly resolve disputes during the development of water resources projects;
the Secretary shall have the lead role among Federal agencies in facilitating the environmental review process for water resources projects;
each Federal agency shall cooperate with the Secretary to expedite the environmental review process for water resources projects;
programmatic approaches shall be used if applicable to reduce the need for project-by-project reviews and decisions by Federal agencies;
the Secretary shall identify opportunities for non-Federal sponsors to assume responsibilities of the Secretary if such responsibilities can be assumed in a manner that protects public health and safety, the environment, and public participation; and
the Assistant Secretary of the Army for Civil Works shall identify and promote the deployment of innovations aimed at reducing the time and money required to deliver water resources projects while protecting the environment.
Streamlined project delivery—
In general— Section 2045 of the Water Resources Development Act of 2007 (33 U.S.C. 2348) is amended to read as follows:
“2045. Streamlined project delivery
“(a) Definitions—In this section, the following definitions apply:
“(1) Environmental impact statement—The term “environmental impact statement” means the detailed statement of environmental impacts required to be prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
“(2) Environmental review process
“(A) In general—The term “environmental review process” means the process of preparing an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a project study.
“(B) Inclusions—The term “environmental review process” includes the process for and completion of any environmental permit, approval, review, or study required for a project study under any Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
“(3) Federal jurisdictional agency—The term “Federal jurisdictional agency” means a Federal agency with jurisdiction over a review, analysis, opinion, statement, permit, license, or other approval or decision required for a project study under applicable Federal laws, including regulations.
“(4) Project—The term “project” means a Corps of Engineers water resources project.
“(5) Project sponsor—The term “project sponsor” means the non-Federal interest as defined in section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b).
“(6) Project study—The term “project study” means a feasibility study for a project carried out pursuant to section 905 of the Water Resources Development Act of 1986 (33 U.S.C. 2282).
changed “(b) Applicability—The procedures in this section are applicable to all project studies initiated after the date of enactment of the Water Resources Reform and Development Act of 2013 and for which an environmental impact statement is prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and may be applied, to the extent determined appropriate by the Secretary, to other project studies initiated after such date of enactment and for which an environmental review process document is prepared under such Act.
“(c) Lead agencies
“(1) Federal lead agency—The Corps of Engineers shall be the Federal lead agency in the environmental review process for a project study.
“(2) Non-Federal project sponsor as joint lead agency—At the discretion of the Secretary and subject to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), a non-Federal project sponsor that is an agency defined in subsection (a)—
“(A) may serve as a joint lead agency with the Corps of Engineers for purposes of preparing any environmental review process document under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
“(B) may assist in the preparation of any such environmental review process document required under the National Environmental Policy Act of 1969 if the Secretary provides guidance in the preparation process, participates in preparing the document, independently evaluates that document, and approves and adopts the document before the Secretary takes any subsequent action or makes any approval based on that document.
“(3) Adoption and use of documents—Any environmental review process document prepared in accordance with this subsection shall be adopted and used by any Federal agency in making any approval of a project subject to this section as the document required to be completed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to the same extent that the Federal agency may adopt or use a document prepared by another Federal agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
“(4) Roles and responsibility of Federal lead agency—With respect to the environmental review process for any project, the Federal lead agency shall have authority and responsibility—
“(A) to take such actions as are necessary and proper, within the authority of the Federal lead agency, to facilitate the expeditious resolution of the environmental review process for the project study; and
“(B) to prepare or ensure that any required environmental impact statement or other document for a project study required to be completed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is completed in accordance with this section and applicable Federal law.
“(d) Participating and cooperating agencies
“(1) Identification—The Federal lead agency shall identify, as early as practicable in the environmental review process for a project study, any Federal or State agency, local government, or Indian tribe that may—
“(A) have jurisdiction over the project;
“(B) be required by law to conduct or issue a review, analysis, opinion, or statement for the project study; or
“(C) be required to make a determination on issuing a permit, license, or other approval or decision for the project study.
“(2) Invitation
“(A) In general—The Federal lead agency shall invite any such agency identified under paragraph (1) to become a participating or cooperating agency in the environmental review process for the project study.
“(B) Deadline—An invitation to participate issued under subparagraph (A) shall establish a deadline by which a response to the invitation shall be submitted, which may be extended by the Federal lead agency for good cause.
“(3) Federal cooperating agency—Any Federal agency that is invited by the Federal lead agency to participate in the environmental review process for a project study shall be designated as a cooperating agency by the Federal lead agency unless the invited agency informs the Federal lead agency, in writing, by the deadline specified in the invitation that the invited agency—
“(A) has no jurisdiction or authority with respect to the project;
“(B) has no expertise or information relevant to the project study; and
“(C) does not intend to submit comments on the project study.
“(4) Effect of designation
“(A) Requirement—A participating or cooperating agency shall comply with the requirements of this section and any schedule established under this section.
“(B) Implication—Designation under this subsection shall not imply that the participating or cooperating agency—
“(i) supports a proposed project; or
“(ii) has any jurisdiction over, or special expertise with respect to evaluation of, the project.
“(5) Concurrent reviews—Each participating or cooperating agency shall—
“(A) carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process unless doing so would prevent such agency from conducting needed analysis or otherwise carrying out their obligations under those other laws; and
“(B) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner.
“(e) Programmatic compliance
“(1) In general—The Secretary shall issue guidance regarding the use of programmatic approaches to carry out the environmental review process that—
“(A) eliminates repetitive discussions of the same issues;
“(B) focuses on the actual issues ripe for analyses at each level of review;
“(C) establishes a formal process for coordinating with participating and cooperating agencies, including the creation of a list of all data that is needed to carry out the environmental review process; and
“(D) complies with—
“(i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
“(ii) all other applicable laws.
“(2) Requirements—In carrying out paragraph (1), the Secretary shall—
“(A) as the first step in drafting guidance under that paragraph, consult with relevant Federal and State agencies, local governments, Indian tribes, and the public on the use and scope of the programmatic approaches;
“(B) emphasize the importance of collaboration among relevant Federal agencies, State agencies, local governments, and Indian tribes in undertaking programmatic reviews, especially with respect to reviews with a broad geographical scope;
“(C) ensure that the programmatic reviews—
“(i) promote transparency, including of the analyses and data used in the environmental review process, the treatment of any deferred issues raised by a Federal or State agency, local government, Indian tribe, or the public, and the temporal and special scales to be used to analyze those issues;
“(ii) use accurate and timely information in the environmental review process, including—
“(I) criteria for determining the general duration of the usefulness of the review; and
“(II) the timeline for updating any out-of-date review;
“(iii) describe—
“(I) the relationship between programmatic analysis and future tiered analysis; and
“(II) the role of the public in the creation of future tiered analysis; and
“(iv) are available to other relevant Federal and State agencies, local governments, Indian tribes, and the public;
“(D) allow not less than 60 days of public notice and comment on any proposed guidance; and
“(E) address any comments received under subparagraph (D).
“(f) Coordinated reviews
“(1) Coordination plan
“(A) Establishment—The Federal lead agency, after consultation with each participating and cooperating agency and the non-Federal project sponsor or joint lead agency, as applicable, shall establish a plan for coordinating public and agency participation in and comment on the environmental review process for a project study.
“(B) Incorporation—In developing the plan established under subparagraph (A), the Federal lead agency shall take under consideration the scheduling requirements under section 101 of the Water Resources Reform and Development Act of 2013.
“(2) Schedule
“(A) In general—The Federal lead agency, after consultation with each participating and cooperating agency and the non-Federal project sponsor or joint lead agency, as applicable, shall establish, as part of the coordination plan established in paragraph (1)(A), a schedule for completion of the environmental review process for the project study. In developing the schedule, the Federal lead agency shall take under consideration the scheduling requirements under section 101 of the Water Resources Reform and Development Act of 2013.
“(B) Factors for consideration—In establishing the schedule, the Federal lead agency shall consider factors such as—
“(i) the responsibilities of participating and cooperating agencies under applicable laws;
“(ii) the resources available to the participating and cooperating agencies and the non-Federal project sponsor or joint lead agency, as applicable;
“(iii) the overall size and complexity of the project;
“(iv) the overall schedule for and cost of the project; and
“(v) the sensitivity of the natural and historic resources that may be affected by the project.
“(C) Consistency with other time periods—A schedule under subparagraph (A) shall be consistent with any other relevant time periods established under Federal law.
“(D) Modification—The Federal lead agency may—
“(i) lengthen a schedule established under subparagraph (A) for good cause; or
“(ii) shorten a schedule only with the concurrence of the affected participating and cooperating agencies and the non-Federal project sponsor or joint lead agency, as applicable.
“(E) Dissemination—A copy of a schedule established under subparagraph (A) shall be—
“(i) provided to each participating and cooperating agency and the non-Federal project sponsor or joint lead agency, as applicable; and
“(ii) made available to the public.
“(3) Comment deadlines—The Federal lead agency shall establish the following deadlines for comment during the environmental review process for a project study:
“(A) Draft environmental impact statements—For comments by agencies and the public on a draft environmental impact statement, a period of not more than 60 days after such document is made publicly available, unless—
“(i) a different deadline is established by agreement of the Federal lead agency, all participating and cooperating agencies, and the non-Federal project sponsor or joint lead agency, as applicable; or
“(ii) the deadline is extended by the Federal lead agency for good cause.
“(B) Other comment periods—For all other comment periods established by the Federal lead agency for agency or public comments in the environmental review process, a period of not more than 30 days after the date on which the materials for which comment is requested are made available, unless—
“(i) a different deadline is established by agreement of the Federal lead agency, all participating and cooperating agencies, and the non-Federal project sponsor or joint lead agency, as applicable; or
“(ii) the deadline is extended by the Federal lead agency for good cause.
“(4) Deadlines for decisions under other laws
“(A) Prior Approval deadline—If a participating or cooperating agency is required to make a determination regarding or otherwise approve or disapprove the project study prior to the record of decision or finding of no significant impact, such participating or cooperating agency shall make such determination or approval not later than 30 days after the Federal lead agency publishes notice of the availability of a final environmental impact statement or other final environmental document, or not later than such other date that is otherwise required by law, whichever occurs first.
“(B) Other deadlines—With regard to any determination or approval of a participating or cooperating agency that is not subject to subparagraph (A), each participating or cooperating agency shall make any required determination or otherwise approve or disapprove the project study not later than 90 days after the date that the Federal lead agency approves the record of decision or finding of no significant impact for the project study, or not later than such other date that is otherwise required by law, whichever occurs first.
“(C) Record closed—In the event that any participating or cooperating agency fails to make a determination or approve or disapprove the project study within the applicable deadline described in subparagraph (A), the Federal lead agency may close the record and find the record sufficient for the project study as it relates to such agency determination or approval.
“(g) Issue identification and resolution
“(1) Cooperation—The Federal lead agency and participating and cooperating agencies shall work cooperatively in accordance with this section to identify and resolve issues that may delay completion of the environmental review process or result in the denial of any approval required for the project study under applicable laws.
“(2) Federal lead agency responsibilities
“(A) In general—The Federal lead agency shall make information available to the participating and cooperating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration.
“(B) Data sources—Such information under subparagraph (A) may be based on existing data sources, including geographic information systems mapping.
“(3) Participating and cooperating agency responsibilities—Based on information received from the Federal lead agency, participating and cooperating agencies shall identify, as early as practicable, any issues of concern regarding the potential environmental or socioeconomic impacts of the project, including any issues that may substantially delay or prevent an agency from granting a permit or other approval that is needed for the project study.
“(4) Accelerated issue resolution and elevation
“(A) In general—Upon the request of a participating or cooperating agency or non-Federal project sponsor, the Secretary shall convene an issue resolution meeting with the relevant participating and cooperating agencies and the non-Federal project sponsor or joint lead agency, as applicable, to resolve issues that may—
“(i) delay completion of the environmental review process; or
“(ii) result in denial of any approval required for the project study under applicable laws.
“(B) Meeting date—A meeting requested under this paragraph shall be held not later than 21 days after the date on which the Secretary receives the request for the meeting, unless the Secretary determines that there is good cause to extend that deadline.
“(C) Notification—Upon receipt of a request for a meeting under this paragraph, the Secretary shall notify all relevant participating and cooperating agencies of the request, including the issue to be resolved and the date for the meeting.
“(D) Elevation of issue resolution—If a resolution cannot be achieved within 30 days after a meeting under this paragraph and a determination is made by the Secretary that all information necessary to resolve the issue has been obtained, the Secretary shall forward the dispute to the heads of the relevant agencies for resolution.
“(E) Convention by Secretary—The Secretary may convene an issue resolution meeting under this subsection at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under subparagraph (A).
“(h) Streamlined documentation and decisionmaking
“(1) In general—The Federal lead agency in the environmental review process for a project study, in order to reduce paperwork and expedite decisionmaking, shall prepare a condensed final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
“(2) Condensed format—A condensed final environmental impact statement for a project study in the environmental review process shall consist only of—
“(A) an incorporation by reference of the draft environmental impact statement;
“(B) any updates to specific pages or sections of the draft environmental impact statement as appropriate; and
“(C) responses to comments on the draft environmental impact statement and copies of the comments.
“(3) Timing of decision—Notwithstanding any other provision of law, in conducting the environmental review process for a project study, the Federal lead agency shall combine a final environmental impact statement and a record of decision for the project study into a single document if—
“(A) the alternative approved in the record of decision is either a preferred alternative identified in the draft environmental impact statement or is a modification of such preferred alternative developed in response to comments on the draft environmental impact statement; and
“(B) the Federal lead agency has a written commitment from parties responsible for implementation of the measures applicable to the approved alternative that are identified in the final environmental impact statement that they will implement those measures.
“(i) Limitations—Nothing in this section shall preempt or interfere with—
“(1) any practice of seeking, considering, or responding to public comment; or
“(2) any power, jurisdiction, responsibility, or authority that a Federal or State agency, local government, Indian tribe, or non-Federal project sponsor has with respect to carrying out a project study or any other provision of law applicable to a project.
“(j) Timing of claims
“(1) In general—Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or other approval issued by a Federal agency for a project study shall be barred unless it is filed not later than 150 days after publication of a notice in the Federal Register announcing that the permit, license, or other approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law which allows judicial review. Nothing in this subsection shall create a right to judicial review or place any limit on filing a claim that a person has violated the terms of a permit, license, or other approval.
“(2) New information—The Secretary shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under title 40, Code of Federal Regulations. The preparation of a supplemental environmental impact statement or other environmental document when required by this section shall be considered a separate final agency action and the deadline for filing a claim for judicial review of such action shall be 150 days after the date of publication of a notice in the Federal Register announcing such action.
“(k) Categorical exclusions
“(1) In general—Not later than 180 days after the date of enactment of this subsection, the Secretary shall—
“(A) survey the use by the Corps of Engineers of categorical exclusions in projects;
“(B) publish a review of the survey that includes a description of—
“(i) the types of actions that were categorically excluded or may be the basis for developing a new categorical exclusion; and
“(ii) any requests previously received by the Secretary for new categorical exclusions; and
“(C) solicit requests from other Federal agencies and non-Federal project sponsors for new categorical exclusions.
“(2) New categorical exclusions—Not later than 1 year after the date of enactment of this subsection, if the Secretary identifies, based on the review under paragraph (1), a category of activities that merit establishing a categorical exclusion not in existence on the day before the date of enactment of this subsection, the Secretary shall publish a notice of proposed rulemaking to propose that new categorical exclusion, to the extent that the categorical exclusion meets the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (or successor regulation).
“(l) Implementation guidance—The Secretary shall prepare guidance documents that describe the processes that the Secretary will use to implement this section.”
Clerical amendment— The table of contents contained in section 1(b) of the Water Resources Development Act of 2007 is amended by striking the item relating to section 2045 and inserting the following:
Categorical exclusion in emergencies— For the repair, reconstruction, or rehabilitation of a water resources project that is in operation or under construction when damaged by an event or incident that results in a declaration by the President of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Secretary shall treat such repair, reconstruction, or rehabilitation activity as a class of action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations, if such repair or reconstruction activity is in the same location with the same capacity, dimensions, and design as the original water resources project as before the declaration described in this section.
Sec. 107 Construction of projects by non-Federal interests
Construction of water resources development projects— Section 211 of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13) is amended—
in the section heading by striking “flood control” and inserting “water resources development”; and
by striking “flood control” each place it appears and inserting “water resources development”.
Completion of studies and design activities— Section 211(c) of such Act (33 U.S.C. 701b–13(c)) is amended by striking “date of the enactment of this Act” and inserting “date of enactment of the Water Resources Reform and Development Act of 2013”.
Authority To carry out improvements— Section 211(d)(1) of such Act (33 U.S.C. 701b–13(d)(1)) is amended—
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.”
by striking subparagraph (B) and inserting the following:
“(B) Studies and design activities under subsection (c)—Any non-Federal interest that has received from the Secretary under subsection (c) a favorable recommendation to carry out a water resources development project, or separable element thereof, based on the results of completed studies and design documents for the project or element may carry out the project or element if—
“(i) a final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been filed for the project or element; and
“(ii) the project is specifically authorized by Congress.”
Reimbursement— Section 211(e) of such Act (33 U.S.C. 701b–13(e)) is amended—
in paragraph (1)—
in subparagraph (B) by striking “and” at the end;
in subparagraph (C) by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(D) if the project is specifically authorized by Congress.”
changed
by striking in paragraph (2) and redesignating paragraphs (3), (4), (5), and (6) as paragraphs (2), (3), (4), and (5), respectively; and(6)—
removed
in paragraph (5) (as so redesignated)—
renumbered
was (5)(5)(2)
by striking subparagraph (B) and redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and
renumbered
was (5)(5)(3)
in subparagraph (B) (as so redesignated)—
renumbered
was (5)(5)(3)(2)
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
renumbered
was (5)(5)(3)(3)
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”.
changed
Other matters— Section 211 of such Act (33 U.S.C. 701b–13) is amended—amended by adding at the end the following:
added “(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—
removed
by striking subsections (f) and (g); and
removed
by adding at the end the following:
removed
“(f) Operation and maintenance of navigation projects—Whenever a non-Federal interest constructs improvements to a harbor or inland harbor, the Secretary shall be responsible for maintenance in accordance with section 101(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(b)) if—
“(1) the Secretary determines, before construction, that the improvements, or separable elements thereof, are economically justified and environmentally acceptable;
“(2) the Secretary certifies that the project is constructed in accordance with applicable permits and the appropriate engineering and design standards;
“(3) the Secretary does not find that the project, or separable element thereof, is no longer economically justified or environmentally acceptable; and
“(4) the project is specifically authorized by Congress.
added “(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.
added “(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.”
removed
“(g) Implementation—All laws and regulations that would apply to the Secretary if the Secretary were carrying out a project shall apply to the non-Federal interest carrying out a project under this section.
removed
“(h) Notification of committees—The Secretary shall notify in writing the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate prior to initiation of negotiations with a non-Federal interest regarding the utilization of the authorities under this section.”
Repeals— The following provisions are repealed:
Section 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2232).
changed
Section 206 of the Water Resources Development Act of 1992 (33 U.S.C. 426i–1).426i–1) and the item relating to that section in the table of contents contained in section 1(b) of that Act.
changed
Section 404 of the Water Resources Development Act of 1990 (33 U.S.C. 2232 note; 104 Stat. 4646).4646) and the item relating to that section in the table of contents contained in section 1(b) of that Act.
Sec. 109 Contributions by non-Federal interests for management of Corps of Engineers inland navigation facilities
In general— Section 225 of the Water Resources Development Act of 1992 (33 U.S.C. 2328) is amended—
by striking the section designation and heading and inserting the following:
“225. Contributions by non-Federal interests for management of Corps of Engineers facilities”
changed
in subsection (a) by striking “managing recreational recreation facilities” and inserting “operating, maintaining, and managing inland navigational facilities, recreational facilities,”; and
changed
in subsection (b) by striking “and management of recreational recreation facilities” and inserting “, maintenance, and management of inland navigation facilities, recreational facilities,”.
Clerical amendment— The table of contents contained in section 1(b) of the Water Resources Development Act of 1992 is amended by striking the item relating to section 225 and inserting the following:
Sec. 110 Additional contributions by non-Federal interests
changed
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—
added
by striking “In order to insure” and inserting “(a) In general.—In order to insure”; and
added
by adding at the end the following:
added “(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 Clarification of impacts to other Federal facilities
added 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.
removed
In general— The Secretary may carry out measures to improve fish species habitat within the boundaries and downstream of a water resources project constructed by the Secretary that includes a fish hatchery if the Secretary—
removed
has been explicitly authorized to compensate for fish losses associated with the project; and
removed
determines that the measures are—
removed
feasible;
removed
consistent with authorized project purposes and the fish hatchery; and
removed
in the public interest.
removed
Cost sharing—
removed
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.
removed
Operation and maintenance— The non-Federal interest shall contribute 100 percent of the costs of operation, maintenance, replacement, repair, and rehabilitation of the measures carried out under this section.
Sec. 112 Clarification of previously authorized work
changed
In general— Section 203 of The Secretary may carry out measures to improve fish species habitat within the Water Resources Development Act boundaries and downstream of 2000 (33 U.S.C. 2269) is amended—a water resources project constructed by the Secretary that includes a fish hatchery if the Secretary—
changed
in subsection (d)(1)(B)—has been explicitly authorized to compensate for fish losses associated with the project; and
removed
by striking “The ability” and inserting the following:
removed
“(i) In general—The ability”
removed
by adding at the end the following:
removed
“(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).”
changed
by striking subsection (e) and inserting determines that the following:measures are—
added
feasible;
added
consistent with authorized project purposes and the fish hatchery; and
added
in the public interest.
added
Cost sharing—
added
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.
added
Operation and maintenance— The non-Federal interest shall contribute 100 percent of the costs of operation, maintenance, replacement, repair, and rehabilitation of the measures carried out under this section.
removed
“(e) Restrictions—The Secretary is authorized to carry out activities under this section in fiscal years 2014 through 2023.”
removed
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. 113 Tribal partnership program
changed
Limitation; statutory construction—In general— Section 221(a)(4)(E) 203 of the Flood Control Water Resources Development Act of 1970 (42 2000 (33 U.S.C. 1962d–5b(a)(4)(E)) 2269) is amended by striking clause (ii) and inserting the following:amended—
added
in subsection (d)(1)(B)—
added
by striking “The ability” and inserting the following:
added “(i) In general—The ability”
removed
“(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—
removed
“(I) the specific provision of law instead of this paragraph; or
removed
“(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.
removed
“(iii) Statutory construction—Nothing in this subparagraph may be construed to affect the applicability of subparagraph (C).”
removed
Water resources project defined— Section 221(b) of such Act (42 U.S.C. 1962d–5b(b)) is amended—
removed
by moving paragraphs (1) and (2) and the matter following paragraph (2) 2 ems to the right;
removed
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
removed
by striking “(b) Definition” and all that follows through “The term” and inserting the following:
removed
“(b) Definitions
removed
“(1) Non-Federal interest—The term”
renumbered
was (3)(6)
by adding at the end the following:
added “(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).”
added
by striking subsection (e) and inserting the following:
added “(e) Restrictions—The Secretary is authorized to carry out activities under this section in fiscal years 2014 through 2023.”
added
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.
removed
“(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.”
removed
Correction— Section 221(c) of such Act (42 U.S.C. 1962d–5b(c)) is amended by striking “enforcible” and inserting “enforceable”.
removed
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.”.
removed
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:
removed
“(i) Construction
removed
“(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.
removed
“(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.
removed
“(ii) Planning
removed
“(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.
removed
“(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. 114 Technical corrections
changed
In general—Limitation; statutory construction— The Secretary shall establish a pilot program to evaluate Section 221(a)(4)(E) of the cost effectiveness and project delivery efficiency Flood Control 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, and hurricane 1970 (42 U.S.C. 1962d–5b(a)(4)(E)) is amended by striking clause (ii) and storm damage reduction.inserting the following:
added “(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—
added “(I) the specific provision of law instead of this paragraph; or
added “(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.
added “(iii) Statutory construction—Nothing in this subparagraph may be construed to affect the applicability of subparagraph (C).”
changed
Purposes—Water resources project defined— The purposes Section 221(b) of the pilot program established under subsection (a) are—such Act (42 U.S.C. 1962d–5b(b)) is amended—
changed
by moving paragraphs (1) and (2) and the matter following paragraph (2) 2 ems to identify cost-saving project delivery alternatives that reduce the backlog of authorized Corps of Engineers projects; andright;
changed
to evaluate the technical, financial, by redesignating paragraphs (1) and organizational benefits of allowing a non-Federal interest to carry out (2) as subparagraphs (A) and manage the design or construction (or both) of 1 or more of such projects.(B), respectively;
added
by striking “(b) Definition” and all that follows through “The term” and inserting the following:
added “(b) Definitions
added “(1) Non-Federal interest—The term”
added
by adding at the end the following:
added “(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.”
changed
Subsequent appropriations—Correction— Any activity undertaken under this section Section 221(c) of such Act (42 U.S.C. 1962d–5b(c)) is authorized only to the extent specifically provided for in subsequent appropriations Acts.amended by striking “enforcible” and inserting “enforceable”.
changed
Administration—Federal allocation— In carrying out Section 2008(a) of the pilot program established under Water Resources Development Act of 2007 (33 U.S.C. 2340(a)) is amended by adding at the end the following: “This subsection (a), shall apply without regard to whether the Secretary shall—original partnership agreement was entered into before, on, or after the date of enactment of this subsection.”.
removed
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;
removed
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);
removed
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;
removed
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;
removed
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
removed
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.
changed
Selection criteria—In-Kind credit— In identifying projects under subsection (d)(1), Section 221(a)(4)(C) of the Secretary shall consider 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 extent to which period at the project—end and inserting the following:
added “(i) Construction
added “(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.
added “(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.
added “(ii) Planning
added “(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.
added “(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.”
removed
is significant to the economy of the United States;
removed
leverages Federal investment by encouraging non-Federal contributions to the project;
removed
employs innovative project delivery and cost-saving methods;
removed
received Federal funds in the past and experienced delays or missed scheduled deadlines;
removed
has unobligated Corps of Engineers funding balances; and
removed
has not received Federal funding for recapitalization and modernization since the project was authorized.
removed
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.
removed
Payment— Payment to the non-Federal interest for work completed pursuant to a project partnership agreement under subsection (d)(4) may be made from—
removed
if applicable, the balance of the unobligated amounts appropriated for the project;
removed
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
removed
revenue generated by the project.
removed
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—
removed
a study, engineering activity, or design activity related to a project carried out by the non-Federal interest under the program; and
removed
obtaining permits necessary for such a project.
removed
Identification of impediments—
removed
In general— The Secretary shall—
removed
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;
removed
develop and implement, on a project-by-project basis, procedures and approaches that—
removed
address such impediments; and
removed
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
removed
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).
removed
Rule of construction— Nothing in this section may be construed to allow the Secretary to waive any requirement under—
removed
sections 3141 through 3148 and sections 3701 through 3708 of title 40, United States Code;
removed
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
removed
any other provision of Federal law.
removed
Public benefit studies—
removed
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.
removed
Requirements— An assessment under paragraph (1) shall—
removed
be completed in a period of not more than 90 days;
removed
take into consideration any supporting materials and data submitted by the relevant non-Federal interest and other stakeholders; and
removed
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.
removed
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.
removed
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.
removed
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).
removed
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.
removed
Non-Federal interest defined— In this section, the term “non-Federal interest” includes non-Federal government entities and private entities.
Sec. 115 Water infrastructure public-private partnership pilot program
changed
In general— Not later than February 1 of each year, the The Secretary shall develop and submit establish a pilot program to evaluate the Committee on Transportation cost effectiveness and Infrastructure of the House project delivery efficiency of Representatives 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 the Committee on Environment hurricane and Public Works of the Senate an annual report, to be entitled “Report to Congress on Future Water Resources Development”, that identifies the following:storm damage reduction.
added
Purposes— The purposes of the pilot program established under subsection (a) are—
removed
Feasibility reports— Each feasibility report that meets the criteria established in subsection (c)(1)(A).
removed
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).
removed
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—
removed
is submitted to the Secretary by a non-Federal interest pursuant to subsection (b); or
removed
is identified by the Secretary for authorization.
removed
Requests for proposals—
removed
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.
changed
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 identify cost-saving project delivery alternatives that reduce the date backlog of publication authorized Corps of the notice in the Federal Register in order for such proposals to be considered for inclusion in the annual report.Engineers projects; and
changed
Notification— On to evaluate the date of publication technical, financial, and organizational benefits of each notice required by this subsection, allowing a non-Federal interest to carry out and manage the Secretary shall—design or construction (or both) of 1 or more of such projects.
added
Subsequent appropriations— Any activity undertaken under this section is authorized only to the extent specifically provided for in subsequent appropriations Acts.
removed
make the notice publicly available, including on the Internet; and
removed
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.
removed
Contents—
removed
Feasibility reports, proposed feasibility studies, and proposed modifications—
removed
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—
removed
the Secretary determines are related to the missions and authorities of the Corps of Engineers;
removed
require specific authorization by Congress in law or otherwise;
removed
are not authorized by Congress;
removed
have not been included in any previous annual report; and
removed
if authorized and funded, could be carried out by the Corps of Engineers.
removed
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—
removed
reduce risks to human life or public safety or property;
removed
benefit the national economy;
removed
stimulate the creation of jobs;
removed
reduce the need for future disaster relief;
removed
promote the development and delivery of domestic energy resources;
removed
improve the competitiveness of United States exports;
removed
improve water-related transportation for interstate or international commerce;
removed
restore or protect, or mitigate the impacts of a water resources development project on, the environment; or
removed
promote the use of cost-effective and sustainable solutions to water resources challenges.
removed
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—
removed
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—
removed
the feasibility report;
removed
the proposed feasibility study;
removed
the authorized feasibility study for which the modification is proposed; or
removed
construction of—
removed
the water resources development project that is the subject of—
removed
the feasibility report;
removed
the proposed feasibility study; or
removed
the authorized feasibility study for which a modification is proposed; or
removed
the proposed modification to an authorized water resources development project;
removed
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;
removed
the purpose of the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study;
removed
an estimate of the Federal, non-Federal, and total costs of—
removed
the proposed feasibility study, or proposed modification to an authorized feasibility study; and
removed
construction of—
removed
the water resources development project that is the subject of—
removed
the feasibility report; or
removed
the authorized feasibility study for which a modification is proposed, with respect to the change in costs resulting from such modification; or
removed
the proposed modification to an authorized water resources development project; and
removed
an estimate, to the extent practicable, of the monetary and nonmonetary benefits of—
removed
the water resources development project that is the subject of—
removed
the feasibility report;
removed
the proposed feasibility study; or
removed
the authorized feasibility study for which a modification is proposed, with respect to the benefits of such modification; or
removed
the proposed modification to an authorized water resources development project.
removed
Certification— The Secretary shall include in the annual report a certification stating that each feasibility report, proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility study included in the annual report meets the criteria in subsection (c)(1)(A).
changed
Special rule for initial annual report—Administration— Notwithstanding any other deadlines required by this section, In carrying out the pilot program established under subsection (a), the Secretary shall—
changed
not later than 30 days after the date of enactment of this Act, publish identify for inclusion in the Federal Register a notice required by subsection (b)(1);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;
changed
include in such notice a requirement that non-Federal interests submit to the Secretary any proposals described notify in subsection (b)(1) by not later than 90 days after writing the date of publication Committee on Transportation and Infrastructure of such notice in the Federal Register in order for such proposals to be considered for inclusion in House of Representatives and the first annual report developed by Committee on Environment and Public Works of the Secretary Senate of each project identified under this section; andparagraph (1);
changed
not later than 180 days after in consultation with the date of enactment of this Act, submit an annual report to non-Federal interest associated with each project identified under paragraph (1), develop a detailed project management plan for the Committee on Transportation and Infrastructure of project that outlines the House of Representatives scope, financing, budget, design, and construction resource requirements necessary for the Committee on Environment and Public Works non-Federal interest to execute the project, or a separable element of the Senate.project;
added
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;
added
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
added
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.
changed
Publication—Selection criteria— Upon submission of the annual report to Congress, In identifying projects under subsection (d)(1), the Secretary shall make consider the annual report publicly available, including through publication on extent to which the Internet.project—
added
is significant to the economy of the United States;
added
leverages Federal investment by encouraging non-Federal contributions to the project;
added
employs innovative project delivery and cost-saving methods;
added
received Federal funds in the past and experienced delays or missed scheduled deadlines;
added
has unobligated Corps of Engineers funding balances; and
added
has not received Federal funding for recapitalization and modernization since the project was authorized.
changed
Definitions—Detailed project schedule— In this section, Not later than 180 days after entering into a project partnership agreement under subsection (d)(4), a non-Federal interest, to the following definitions apply: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.
added
Payment— Payment to the non-Federal interest for work completed pursuant to a project partnership agreement under subsection (d)(4) may be made from—
added
if applicable, the balance of the unobligated amounts appropriated for the project;
added
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
added
revenue generated by the project.
added
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—
added
a study, engineering activity, or design activity related to a project carried out by the non-Federal interest under the program; and
added
obtaining permits necessary for such a project.
added
Identification of impediments—
added
In general— The Secretary shall—
added
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;
added
develop and implement, on a project-by-project basis, procedures and approaches that—
added
address such impediments; and
added
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
added
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).
added
Rule of construction— Nothing in this section may be construed to allow the Secretary to waive any requirement under—
added
sections 3141 through 3148 and sections 3701 through 3708 of title 40, United States Code;
added
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
added
any other provision of Federal law.
added
Public benefit studies—
added
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.
added
Requirements— An assessment under paragraph (1) shall—
added
be completed in a period of not more than 90 days;
added
take into consideration any supporting materials and data submitted by the relevant non-Federal interest and other stakeholders; and
added
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.
added
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.
added
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.
added
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).
added
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.
added
Non-Federal interest defined— In this section, the term “non-Federal interest” includes non-Federal government entities and private entities.
removed
Annual report— The term “annual report” means the report required by subsection (a).
removed
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—
removed
a report described in section 105(d)(2) of such Act (33 U.S.C. 2215(d)(2)); and
removed
where applicable, any associated report of the Chief of Engineers.
removed
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).
removed
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. 116 Annual report to Congress
added
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:
removed
Recommendations for Corps of Engineers construction projects in President’s budget—
removed
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—
removed
identify and recommend Corps of Engineers construction projects for which Congress should provide funding at the full level authorized for the project; and
removed
provide an explanation of the process used by the President in making the recommendations.
changed
Covered period—Feasibility reports— The President shall make recommendations under paragraph (1) for the fiscal year for which the budget submission is prepared and each of Each feasibility report that meets the succeeding 4 fiscal years.criteria established in subsection (c)(1)(A).
changed
Basis for making recommendations—Proposed feasibility studies— The President shall base recommendations under paragraph (1) on Any proposed feasibility study submitted to the assumption Secretary by a non-Federal interest pursuant to subsection (b) that $2,000,000,000 will be appropriated for Corps of Engineers construction projects for each fiscal year.meets the criteria established in subsection (c)(1)(A).
added
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—
added
is submitted to the Secretary by a non-Federal interest pursuant to subsection (b); or
added
is identified by the Secretary for authorization.
added
Requests for proposals—
added
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.
removed
Missouri River Basin— To assist in the prioritization of Federal activities carried out related to the project for mitigation of fish and wildlife losses, Missouri River Bank Stabilization and Navigation Project, Missouri, Kansas, Iowa, and Nebraska, authorized by section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143), and in conjunction with the President’s submission to Congress of a budget under section 1105(a) of title 31, United States Code, the Secretary shall submit to Congress a report that provides—
changed
Deadline for requests— an inventory of all Federal actions taken and The Secretary shall include in each notice required by this subsection a prioritization of all Federal actions planned requirement that non-Federal interests submit to the Secretary any proposals described in furtherance of paragraph (1) by not later than 120 days after the project, including an inventory date of lands owned, acquired, or directly controlled by publication of the notice in the Federal Government, and lands enrolled Register in federally assisted conservation programs;order for such proposals to be considered for inclusion in the annual report.
changed
Notification— a description of the specific Federal actions proposed for On the upcoming fiscal year in furtherance date of publication of each notice required by this subsection, the project;Secretary shall—
added
make the notice publicly available, including on the Internet; and
added
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.
added
Contents—
added
Feasibility reports, proposed feasibility studies, and proposed modifications—
added
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—
added
are related to the missions and authorities of the Corps of Engineers;
added
require specific authorization by Congress in law or otherwise;
added
are not authorized by Congress;
added
have not been included in any previous annual report; and
added
if authorized, could be carried out by the Corps of Engineers.
added
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—
added
reduce risks to human life or public safety or property;
added
benefit the national economy;
added
stimulate the creation of jobs;
added
reduce the need for future disaster relief;
added
promote the development and delivery of domestic energy resources;
added
improve the competitiveness of United States exports;
added
improve water-related transportation for interstate or international commerce;
added
restore or protect, or mitigate the impacts of a water resources development project on, the environment; or
added
promote the use of cost-effective and sustainable solutions to water resources challenges.
added
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)—
added
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—
added
the feasibility report;
added
the proposed feasibility study;
added
the authorized feasibility study for which the modification is proposed; or
added
construction of—
added
the water resources development project that is the subject of—
added
the feasibility report;
added
the proposed feasibility study; or
added
the authorized feasibility study for which a modification is proposed; or
added
the proposed modification to an authorized water resources development project;
added
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;
added
the purpose of the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study;
added
an estimate of the Federal, non-Federal, and total costs of—
added
the proposed feasibility study, or proposed modification to an authorized feasibility study; and
added
construction of—
added
the water resources development project that is the subject of—
added
the feasibility report; or
added
the authorized feasibility study for which a modification is proposed, with respect to the change in costs resulting from such modification; or
added
the proposed modification to an authorized water resources development project; and
added
an estimate, to the extent practicable, of the monetary and nonmonetary benefits of—
added
the water resources development project that is the subject of—
added
the feasibility report;
added
the proposed feasibility study; or
added
the authorized feasibility study for which a modification is proposed, with respect to the benefits of such modification; or
added
the proposed modification to an authorized water resources development project.
added
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).
added
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.
added
Special rule for initial annual report— Notwithstanding any other deadlines required by this section, the Secretary shall—
added
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);
added
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
added
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.
added
Publication— Upon submission of the annual report to Congress, the Secretary shall make the annual report publicly available, including through publication on the Internet.
added
Definitions— In this section, the following definitions apply:
added
Annual report— The term “annual report” means the report required by subsection (a).
added
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—
added
a report described in section 105(d)(2) of such Act (33 U.S.C. 2215(d)(2)); and
added
where applicable, any associated report of the Chief of Engineers.
added
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).
added
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).
removed
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
removed
an assessment of additional actions necessary to achieve the results of the project.
Sec. 117 Actions to be taken in conjunction with the President’s annual budget submission to Congress
added
Recommendations for Corps of Engineers construction projects in President’s budget—
added
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—
added
identify and recommend Corps of Engineers construction projects for which Congress should provide funding at the full level authorized for the project; and
added
provide an explanation of the process used by the President in making the recommendations.
added
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.
added
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.
added
Missouri River Basin— To assist in the prioritization of Federal activities carried out related to the project for mitigation of fish and wildlife losses, Missouri River Bank Stabilization and Navigation Project, Missouri, Kansas, Iowa, and Nebraska, authorized by section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143), and in conjunction with the President’s submission to Congress of a budget under section 1105(a) of title 31, United States Code, the Secretary shall submit to Congress a report that provides—
added
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;
added
a description of the specific Federal actions proposed for the upcoming fiscal year in furtherance of the project;
added
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
added
an assessment of additional actions necessary to achieve the results of the project.
removed
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. 118 Hurricane and storm damage reduction study
added 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.
removed
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—
removed
the plan is technically feasible and environmentally acceptable; and
removed
the benefits of the plan exceed the costs of the plan.
removed
Non-Federal costs— If the Secretary carries out a locally preferred plan under subsection (a), the cost attributable to the higher level of protection provided under the plan shall be paid by the non-Federal interest.
Sec. 119 Non-Federal plans to provide additional flood risk reduction
changed
In general— The If requested by a non-Federal interest, the Secretary shall undertake carry out a review of implementation of section 5 of the Act entitled “An Act authorizing the construction locally preferred plan that provides a higher level of certain public works on rivers and harbors for protection than a flood control, and for other purposes”, approved August 18, 1941 (33 U.S.C. 701n), to evaluate the alternatives available to risk management project authorized under this Act if the Secretary to ensure—determines that—
changed
the safety of affected communities to future flooding plan is technically feasible and storm events;environmentally acceptable; and
changed
the resiliency benefits of water resources development projects to future flooding and storm events;the plan exceed the costs of the plan.
removed
the long-term cost effectiveness of water resources development projects that provide flood control and hurricane and storm damage reduction benefits; and
removed
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.
changed
Scope of review—Non-Federal costs— In carrying If the Secretary carries out a locally preferred plan under subsection (a), the review, cost attributable to the Secretary shall—higher level of protection provided under the plan shall be paid by the non-Federal interest.
removed
review the historical precedents and implementation of section 5 of such Act, including those actions undertaken by the Secretary, over time, under that section—
removed
to repair or restore a project; and
removed
to increase the level of protection for a damaged project to address future conditions;
removed
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—
removed
the implications on populations at risk of flooding or damage;
removed
the implications on probability of loss of life;
removed
the implications on property values at risk of flooding or damage;
removed
the implications on probability of increased property damage and associated costs;
removed
the implications on local and regional economies; and
removed
the estimated total cost and estimated cost savings;
removed
incorporate the science on expected rates of sea-level rise and extreme weather events; and
removed
incorporate the work completed by the Hurricane Sandy Rebuilding Task Force, established by Executive Order 13632 (December 7, 2012).
removed
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. 120 Review of emergency response authorities
changed
In general— In any river basin where the Secretary carries out flood risk management activities subject to an annual operating plan, the The Secretary shall establish procedures for providing undertake a review of implementation of section 5 of the Act entitled “An Act authorizing the construction of certain public works on rivers and affected governments, including Indian tribes, in harbors for flood control, and for other purposes”, approved August 18, 1941 (33 U.S.C. 701n), to evaluate the river basin with—alternatives available to the Secretary to ensure—
changed
timely information regarding expected water levels;the safety of affected communities to future flooding and storm events;
changed
advice regarding appropriate preparedness actions;the resiliency of water resources development projects to future flooding and storm events;
changed
technical assistance; the long-term cost effectiveness of water resources development projects that provide flood control and hurricane and storm damage reduction benefits; and
changed
any other information or assistance determined appropriate the policy goals and objectives that have been outlined by the Secretary.President as a response to recent extreme weather events, including Hurricane Sandy, that relate to preparing for future floods are met.
changed
Procedures—Scope of review— The Secretary shall utilize the procedures only when precipitation or runoff exceeds those calculations considered as In carrying out the lowest risk to life and property contemplated by review, the annual operating plan.Secretary shall—
added
review the historical precedents and implementation of section 5 of such Act, including those actions undertaken by the Secretary, over time, under that section—
added
to repair or restore a project; and
added
to increase the level of protection for a damaged project to address future conditions;
added
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—
added
the implications on populations at risk of flooding or damage;
added
the implications on probability of loss of life;
added
the implications on property values at risk of flooding or damage;
added
the implications on probability of increased property damage and associated costs;
added
the implications on local and regional economies; and
added
the estimated total cost and estimated cost savings;
added
incorporate the science on expected rates of sea-level rise and extreme weather events; and
added
incorporate the work completed by the Hurricane Sandy Rebuilding Task Force, established by Executive Order 13632 (December 7, 2012).
changed
Definitions—Report to Congress— In Not later than 1 year after the date of enactment of this section, the following definitions apply: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.
removed
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.
removed
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. 121 Emergency communication of risk
added
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—
removed
Administrator—
removed
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”.
changed
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”.timely information regarding expected water levels;
added
advice regarding appropriate preparedness actions;
added
technical assistance; and
added
any other information or assistance determined appropriate by the Secretary.
changed
Inspection of dams—Procedures— Section 3(b)(1) of such Act (33 U.S.C. 467a(b)(1)) is amended by striking “or maintenance” and inserting “maintenance, condition, The Secretary shall utilize the procedures only when precipitation or provision for emergency operations”.runoff exceeds those calculations considered as the lowest risk to life and property contemplated by the annual operating plan.
added
Definitions— In this section, the following definitions apply:
removed
National dam safety program—
removed
Objectives— Section 8(c)(4) of such Act (33 U.S.C. 467f(c)(4)) is amended to read as follows:
removed
“(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;”
changed
Board—Affected government— Section 8(f)(4) of such Act (33 U.S.C. 467f(f)(4)) is amended The term “affected government” means a State, local, or tribal government with jurisdiction over an area that will be affected by inserting “, representatives from nongovernmental organizations,” after “State agencies”.a flood.
added
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 Improvements to the National Dam Safety Program Act
added
Administrator—
added
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”.
added
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”.
removed
Section 2 of the Freedom to Fish Act (Public Law 113–13; 127 Stat. 449) is amended—
changed
Inspection of dams— in subsection (b)(1) Section 3(b)(1) of such Act (33 U.S.C. 467a(b)(1)) is amended by striking “until the date that is 2 years after the date of enactment of this Act”;“or maintenance” and inserting “maintenance, condition, or provision for emergency operations”.
added
National dam safety program—
added
Objectives— Section 8(c)(4) of such Act (33 U.S.C. 467f(c)(4)) is amended to read as follows:
added “(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;”
added
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”.
removed
in the heading of subsection (c) by inserting “or Modified” after “New”; and
removed
in subsection (c)—
removed
in matter preceding paragraph (1) by inserting “new or modified” after “establishes any”; and
removed
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”.
Sec. 123 Restricted areas at Corps of Engineers dams
changed
Section 22 2 of the Water Resources Development Freedom to Fish Act of 1974 (42 U.S.C. 1962d–16) (Public Law 113–13; 127 Stat. 449) is amended by redesignating subsection (e) as subsection (f) and inserting after subsection (d) the following:amended—
added
in subsection (b)(1) by striking “until the date that is 2 years after the date of enactment of this Act”;
added
in the heading of subsection (c) by inserting “or Modified” after “New”; and
added
in subsection (c)—
added
in matter preceding paragraph (1) by inserting “new or modified” after “establishes any”; and
added
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”.
removed
“(e) Levee safety
removed
“(1) In general—At the request of a State, and in consultation with that State and appropriate non-Federal interests, the Secretary may provide technical assistance to a State to—
removed
“(A) encourage effective State programs intended to ensure levee safety to protect human life and property;
removed
“(B) assist the State in establishing and carrying out a State levee safety program; and
removed
“(C) improve an existing State levee safety program.
removed
“(2) Purposes—The purposes of technical assistance provided under this subsection shall be—
removed
“(A) to ensure that human lives and property that are protected by new and existing levees are safe;
removed
“(B) to encourage the use of appropriate engineering policies and procedures for levee site investigation, design, construction, operation and maintenance, and emergency preparedness;
removed
“(C) to encourage effective levee safety programs in a State;
removed
“(D) to develop and support public education and awareness projects to increase public acceptance and support of State levee safety programs;
removed
“(E) to build public awareness of the residual risks associated with living in levee protected areas; and
removed
“(F) to develop technical assistance materials, seminars, and guidelines to improve the security of levees in the United States.
removed
“(3) Federal guidelines
removed
“(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.
removed
“(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.
removed
“(C) Incorporation of State and local activities—The guidelines established under subparagraph (A) shall encompass, to the maximum extent practicable—
removed
“(i) the activities and practices carried out by States, local governments, and the private sector to safely build, regulate, operate, and maintain levees; and
removed
“(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.
removed
“(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.
removed
“(4) Assistance for State levee safety programs
removed
“(A) Eligibility—To be eligible for technical assistance under this subsection, a State shall—
removed
“(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
removed
“(ii) allocate sufficient funds in the budget of that State to carry out such State levee safety program.
removed
“(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).
removed
“(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—
removed
“(i) address hazard classifications and technically based frameworks for levee assessment; and
removed
“(ii) are incorporated into State levee safety programs.
removed
“(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. 124 Levee safety
added 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:
added “(e) Levee safety
added “(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—
added “(A) encourage effective State or local programs intended to ensure levee safety to protect human life and property;
added “(B) assist the State or political subdivision in establishing and carrying out a levee safety program; or
added “(C) improve an existing State or local levee safety program.
added “(2) Purposes—The purposes of technical assistance provided under this subsection shall be—
added “(A) to ensure that human lives and property that are protected by new and existing levees are safe;
added “(B) to encourage the use of appropriate engineering policies and procedures for levee site investigation, design, construction, operation and maintenance, and emergency preparedness;
added “(C) to encourage effective levee safety programs in a State;
added “(D) to develop and support public education and awareness projects to increase public acceptance and support of levee safety programs;
added “(E) to build public awareness of the residual risks associated with living in levee protected areas; and
added “(F) to develop technical assistance materials, seminars, and guidelines to improve the security of levees in the United States.
added “(3) Federal guidelines
added “(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.
added “(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.
added “(C) Incorporation of State and local activities—The guidelines established under subparagraph (A) shall encompass, to the maximum extent practicable—
added “(i) the activities and practices carried out by States, local governments, and the private sector to safely build, regulate, operate, and maintain levees; and
added “(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.
added “(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.
added “(4) Assistance for State levee safety programs
added “(A) Eligibility—To be eligible for technical assistance under this subsection, a State shall—
added “(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
added “(ii) allocate sufficient funds in the budget of that State to carry out such State levee safety program.
added “(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).
added “(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—
added “(i) address hazard classifications and technically based frameworks for levee assessment; and
added “(ii) are incorporated into State levee safety programs.
added “(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.”
removed
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.
removed
Factors—
removed
In general— In conducting the review, the Secretary shall examine the guidelines in view of—
removed
the varied interests and responsibilities in managing flood risks, including the need to provide the greatest levee safety benefit with limited resources;
removed
preserving, protecting, and enhancing natural resources, including the potential benefit that vegetation on levees can have in providing habitat for species of concern;
removed
protecting the rights of Indian tribes pursuant to treaties and statutes;
removed
determining how vegetation impacts the performance of a levee or levee system during a storm or flood event; and
removed
such other factors as the Secretary considers appropriate.
removed
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.
removed
Cooperation and recommendations—
removed
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.
removed
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.
removed
Revision of guidelines—
removed
In general— During the 1-year period beginning on the date of enactment of this Act, the Secretary shall—
removed
provide the public 30 days to review and comment on the guidelines;
removed
revise the guidelines based on consideration of the results of the public review; and
removed
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.
removed
Content; incorporation into manual— The revised guidelines shall—
removed
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
removed
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)).
removed
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. 125 Vegetation on levees
added
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.
added
Factors—
added
In general— In conducting the review, the Secretary shall examine the guidelines in view of—
added
the varied interests and responsibilities in managing flood risks, including the need to provide the greatest levee safety benefit with limited resources;
added
preserving, protecting, and enhancing natural resources, including the potential benefit that vegetation on levees can have in providing habitat for species of concern;
added
protecting the rights of Indian tribes pursuant to treaties and statutes;
added
determining how vegetation impacts the performance of a levee or levee system during a storm or flood event; and
added
such other factors as the Secretary considers appropriate.
added
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.
added
Cooperation and recommendations—
added
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.
added
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.
added
Revision of guidelines—
added
In general— During the 1-year period beginning on the date of enactment of this Act, the Secretary shall—
added
provide the public 30 days to review and comment on the guidelines;
added
revise the guidelines based on consideration of the results of the public review; and
added
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.
added
Content; incorporation into manual— The revised guidelines shall—
added
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
added
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)).
added
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.
removed
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:
removed
“(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.”
Sec. 126 Reduction of Federal costs
added 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:
added “(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.”
removed
In general— To the greatest extent practicable, the Secretary shall encourage and incorporate advanced modeling technologies, including 3-dimensional digital modeling, for activities related to water resources development projects and studies.
removed
Activities— In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall—
removed
compile information related to advanced modeling technologies, including industry best practices with respect to the use of the technologies;
removed
disseminate to non-Federal interests the information described in paragraph (1); and
removed
promote the use of advanced modeling technologies.
removed
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—
removed
accelerating and improving the environmental review process;
removed
increasing effective public participation;
removed
enhancing the detail and accuracy of project designs;
removed
increasing safety;
removed
accelerating construction and reducing construction costs; or
removed
otherwise achieving such purposes.
Sec. 127 Advanced modeling technologies
changed
Report—In general— Not later than 180 days after To the date of enactment of this Act, greatest extent practicable, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment encourage and Public Works of the Senate a report describing the Secretary’s actions incorporate advanced modeling technologies, including 3-dimensional digital modeling, for activities related to carry out section 2301 of title 41, United States Code, regarding the use of electronic commerce in Federal procurement.water resources development projects and studies.
changed
Contents—Activities— The report submitted under In carrying out subsection (a) shall include, with respect to the 2 fiscal years most recently ended before (a), the fiscal year in which Secretary, to the report is submitted—greatest extent practicable, shall—
changed
an identification of the number, type, and dollar value of procurement solicitations compile information related to advanced modeling technologies, including industry best practices with respect to which the public was permitted to respond to use of the solicitation electronically, which shall differentiate between solicitations that allowed full or partial electronic submission;technologies;
changed
an analysis of disseminate to non-Federal interests the information provided under described in paragraph (1) and actions that could be taken by the Secretary to refine and improve the use of electronic submission for procurement solicitation responses;(1); and
changed
an analysis of promote 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; andadvanced modeling technologies.
added
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—
added
accelerating and improving the environmental review process;
added
increasing effective public participation;
added
enhancing the detail and accuracy of project designs;
added
increasing safety;
added
accelerating construction and reducing construction costs; or
added
otherwise achieving such purposes.
removed
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. 128 Enhanced use of electronic commerce in Federal procurement
changed
In general—Report— To Not later than 180 days after the greatest extent practicable, date of enactment of this Act, the Secretary shall encourage submit to the Committee on Transportation and incorporate corrosion prevention activities at water resources development projects.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.
changed
Activities—Contents— In carrying out The report submitted under subsection (a), the Secretary, (a) shall include, with respect to the greatest extent practicable, shall ensure that contractors performing work for water resources development projects—2 fiscal years most recently ended before the fiscal year in which the report is submitted—
changed
use best practices an identification of the number, type, and dollar value of procurement solicitations with respect to carry out corrosion prevention activities in which the field;public was permitted to respond to the solicitation electronically, which shall differentiate between solicitations that allowed full or partial electronic submission;
changed
use industry recognized standards an analysis of the information provided under paragraph (1) and corrosion mitigation actions that could be taken by the Secretary to refine and prevention methods when—improve the use of electronic submission for procurement solicitation responses;
removed
determining protective coatings;
removed
selecting materials; and
removed
determining methods of cathodic protection, design, and engineering for corrosion prevention;
changed
an analysis of the potential benefits of and obstacles to implementing fuller use certified coating application specialists of electronic submission for procurement solicitation responses, including with respect to cost savings, error reduction, paperwork reduction, increased bidder participation, and cathodic protection technicians competition, and engineers;expanded use of electronic bid data collection for cost-effective contract management and timely reporting; and
changed
use best practices in environmental protection to prevent environmental degradation, an analysis of the options and technologies available to ensure careful handling facilitate expanded implementation of all hazardous materials;electronic submission for procurement solicitation responses and the suitability of each option and technology for contracts of various types and sizes.
removed
demonstrate a history of employing industry-certified inspectors to ensure adherence to best practices and standards; and
removed
demonstrate a history of compliance with applicable requirements of the Occupational Safety and Health Administration.
removed
Corrosion prevention activities defined— In this section, the term “corrosion prevention activities” means—
removed
the application and inspection of protective coatings for complex work involving steel and cementitious structures, including structures that will be exposed in immersion;
removed
the installation, testing, and inspection of cathodic protection systems; and
removed
any other activities related to corrosion prevention the Secretary determines appropriate.
Sec. 129 Corrosion prevention
added
In general— To the greatest extent practicable, the Secretary shall encourage and incorporate corrosion prevention activities at water resources development projects.
added
Activities— In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall ensure that contractors performing work for water resources development projects—
added
use best practices to carry out corrosion prevention activities in the field;
added
use industry recognized standards and corrosion mitigation and prevention methods when—
added
determining protective coatings;
added
selecting materials; and
added
determining methods of cathodic protection, design, and engineering for corrosion prevention;
added
use certified coating application specialists and cathodic protection technicians and engineers;
added
use best practices in environmental protection to prevent environmental degradation, and to ensure careful handling of all hazardous materials;
added
demonstrate a history of employing industry-certified inspectors to ensure adherence to best practices and standards; and
added
demonstrate a history of compliance with applicable requirements of the Occupational Safety and Health Administration.
added
Corrosion prevention activities defined— In this section, the term “corrosion prevention activities” means—
added
the application and inspection of protective coatings for complex work involving steel and cementitious structures, including structures that will be exposed in immersion;
added
the installation, testing, and inspection of cathodic protection systems; and
added
any other activities related to corrosion prevention the Secretary determines appropriate.
removed
The Secretary, to the extent practicable, shall encourage the use of durable, resilient, and sustainable materials and practices, including the use of geosynthetic materials and innovative technologies, in carrying out the activities of the Corps of Engineers.
Sec. 130 Resilient construction and use of innovative materials
added 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.
removed
In general— The Secretary shall conduct an assessment of the management practices, priorities, and authorized purposes at Corps of Engineers reservoirs in arid regions to determine the effects of such practices, priorities, and purposes on water supply during periods of drought.
removed
Report— Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the assessment.
Sec. 131 Assessment of water supply in arid regions
added
In general— The Secretary shall conduct an assessment of the management practices, priorities, and authorized purposes at Corps of Engineers reservoirs in arid regions to determine the effects of such practices, priorities, and purposes on water supply during periods of drought.
added
Report— Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the assessment.
removed
Section 5019 of the Water Resources Development Act of 2007 (121 Stat. 1201) is amended by adding at the end the following:
removed
“(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—
removed
“(1) the reasons why the Secretary did not allocate funds in accordance with subsection (b) during that fiscal year; and
removed
“(2) the impact, on the jurisdiction of each Commission specified in subsection (b), of not allocating the funds, including with respect to—
removed
“(A) water supply allocation;
removed
“(B) water quality protection;
removed
“(C) regulatory review and permitting;
removed
“(D) water conservation;
removed
“(E) watershed planning;
removed
“(F) drought management;
removed
“(G) flood loss reduction;
removed
“(H) recreation; and
removed
“(I) energy development.”
Sec. 132 River basin commissions
added Section 5019 of the Water Resources Development Act of 2007 (121 Stat. 1201) is amended by adding at the end the following:
added “(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—
added “(1) the reasons why the Secretary did not allocate funds in accordance with subsection (b) during that fiscal year; and
added “(2) the impact, on the jurisdiction of each Commission specified in subsection (b), of not allocating the funds, including with respect to—
added “(A) water supply allocation;
added “(B) water quality protection;
added “(C) regulatory review and permitting;
added “(D) water conservation;
added “(E) watershed planning;
added “(F) drought management;
added “(G) flood loss reduction;
added “(H) recreation; and
added “(I) energy development.”
removed
Findings— Congress finds the following:
removed
Between 1986 and 2000, a water resources development bill was typically enacted every 2 years.
removed
Since 2000, only 1 water resources development bill has been enacted.
removed
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.
Sec. 133 Sense of Congress regarding water resources development bills
added
added
Findings— Congress finds the following:
added
Between 1986 and 2000, a water resources development bill was typically enacted every 2 years.
added
Since 2000, only 1 water resources development bill has been enacted.
added
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.
Sec. 134 Donald G. Waldon Lock and Dam
addedadded 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”.
Sec. 135 Aquatic invasive species
addedadded 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 Recreational access
added
added
In general— The Secretary may not prohibit the use of a floating cabin on waters under the jurisdiction of the Secretary if—
added
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
added
the Secretary has authorized the use of recreational vessels on such waters.
added
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 Territories of the United States
addedadded Section 1156 of the Water Resources Development Act of 1986 (33 U.S.C. 2310) is amended—
added
by striking “The Secretary shall waive” and inserting “(a) In general.—The Secretary shall waive”; and
added
by adding at the end the following:
added “(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 Sense of Congress regarding interstate water agreements and compacts
added
added
Findings— Congress finds the following:
added
States and local interests have primary responsibility for developing water supplies for domestic, municipal, industrial, and other purposes.
added
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.
added
Interstate water disputes are most properly addressed through interstate water agreements or compacts that take into consideration the concerns of all affected States.
added
Sense of Congress— It is the sense of Congress that—
added
Congress and the Secretary should urge States to reach agreement on interstate water agreements and compacts;
added
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;
added
Congress should provide prompt consideration of interstate water agreements and compacts; and
added
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. 201 Expanded use of Harbor Maintenance Trust Fund
In general— For any fiscal year in which target appropriations described in subsection (b) are met, the Secretary may use up to 5 percent of the total amount made available to the Secretary from the Harbor Maintenance Trust Fund for the eligible operations and maintenance costs described in section 210(a)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(a)(2)) for that fiscal year for expanded uses of the Harbor Maintenance Trust Fund.
Target appropriations— For purposes of this section, target appropriations are met for a fiscal year if the total amount made available to the Secretary from the Harbor Maintenance Trust Fund for that fiscal year equals or exceeds, as determined by the Secretary, the following:
For fiscal year 2014, 65 percent of the total amount of harbor maintenance taxes received in fiscal year 2013.
For fiscal year 2015, 67 percent of the total amount of harbor maintenance taxes received in fiscal year 2014.
For fiscal year 2016, 69 percent of the total amount of harbor maintenance taxes received in fiscal year 2015.
For fiscal year 2017, 71 percent of the total amount of harbor maintenance taxes received in fiscal year 2016.
For fiscal year 2018, 73 percent of the total amount of harbor maintenance taxes received in fiscal year 2017.
For fiscal year 2019, 75 percent of the total amount of harbor maintenance taxes received in fiscal year 2018.
For fiscal year 2020, and each fiscal year thereafter, 80 percent of total amount of harbor maintenance taxes received in the previous fiscal year.
Definitions— In this section, the following definitions apply:
Eligible harbors and inland harbors defined— The term “eligible harbor or inland harbor” means a harbor or inland harbor that, historically, as determined by the Secretary—
generates an amount of harbor maintenance taxes; that exceeds
changed
the value of maintenance dredging work carried out for the harbor or inland harbor using amounts from the Harbor Maintenance Trust Fund.
Expanded uses— The term “expanded uses” means the following activities performed for an eligible harbor or inland harbor:
The maintenance dredging of a berth in a harbor that is accessible to a Federal navigation project and that benefits commercial navigation at the harbor.
The maintenance dredging and disposal of legacy-contaminated sediment, and sediment unsuitable for open water disposal, if—
such dredging and disposal benefits commercial navigation at the harbor; and
such sediment—
is located in and affects the maintenance of a Federal navigation project; or
is located in a berth that is accessible to a Federal navigation project.
Total amount of harbor maintenance taxes received— The term “total amount of harbor maintenance taxes received” means, with respect to a fiscal year, the aggregate of amounts appropriated, transferred, or credited to the Harbor Maintenance Trust Fund under section 9505(a) of the Internal Revenue Code of 1986 for that fiscal year as set forth in the current year estimate provided in the President’s budget request for the subsequent fiscal year, submitted pursuant to section 1105 of title 31, United States Code.
Conforming amendment— Section 9505(c)(1) of the Internal Revenue Code of 1986 is amended by striking “(as in effect on the date of the enactment of the Water Resources Development Act of 1996)”.
Sense of Congress— It is the sense of Congress that any increase in harbor maintenance programs described in this section shall result from an overall increase in appropriations for the civil works program of the Corps of Engineers and not from similar reductions in the appropriations for other programs, projects, and activities carried out by the Corps of Engineers for other authorized purposes.
Sec. 214 Inland waterways revenue studies
Inland waterways construction bonds study—
Study— The Secretary, in coordination with the Secretary of the Treasury, shall conduct a study on the feasibility of authorizing the issuance of federally tax-exempt bonds secured against the available proceeds, including projected annual receipts, in the Inland Waterways Trust Fund established by section 9506(a) of the Internal Revenue Code of 1986.
changed
Contents— In carrying out the study, the Secretary and the Secretary of the Treasury shall examine the implications of and issuing such bonds, including the potential revenues that could be generated by and the issuance projected net cost to the Treasury, including loss of such bonds.potential revenue.
Consultation— In carrying out the study, the Secretary and the Secretary of the Treasury, at a minimum, shall consult with—
representatives of the Inland Waterway Users Board established by section 302 of the Water Resources Development Act of 1986 (33 U.S.C. 2251);
representatives of the commodities and bulk cargos that are currently shipped for commercial purposes on the segments of the inland and intracoastal waterways listed in section 206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804);
representatives of other users of locks and dams on the inland and intracoastal waterways, including persons owning, operating, using, or otherwise benefitting from—
hydropower generation facilities;
electric utilities that rely on the waterways for cooling of existing electricity generation facilities;
municipal and industrial water supply;
recreation;
irrigation water supply; or
flood damage reduction;
other stakeholders associated with the inland and intracoastal waterways, as identified by the Secretary or the Secretary of the Treasury; and
the heads of other appropriate Federal agencies, including the Secretary of Transportation, the Secretary of the Interior, and the Administrator of the Environmental Protection Agency.
Report to Congress— Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of the Treasury shall submit a joint report on the results of the study to—
the Committee on Transportation and Infrastructure, the Committee on Ways and Means, and the Committee on the Budget of the House of Representatives; and
the Committee on Environment and Public Works, the Committee on Finance, and the Committee on the Budget of the Senate.
Potential fees for beneficiaries and users of inland and intracoastal waterways infrastructure—
In general— The Secretary shall conduct a study and submit to Congress a report on potential user fees and revenues from other sources that could be collected to generate additional revenues for the Inland Waterways Trust Fund established by section 9506(a) of the Internal Revenue Code of 1986.
Scope of study—
In general— In carrying out the study, the Secretary shall evaluate an array of potential user fees and other revenues options that, when combined with funds generated by section 4042 of the Internal Revenue Code of 1986, are sufficient to support one-half of annual construction expenditure levels of $380,000,000 for the authorized purposes of the Inland Waterways Trust Fund.
Potential Revenue Options for Study— In carrying out the study, the Secretary, at a minimum, shall evaluate potential user fees and other revenue options identified in—
the report of the Congressional Budget Office entitled “Paying for Highways, Airways, and Waterways: How Can Users Be Charged?”, dated May 1, 1992;
the draft bill submitted by the Assistant Secretary of the Army (Civil Works) to Congress entitled the “Lock User Fee Act of 2008”, dated April 4, 2008;
the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report, published on April 12, 2010, as approved by the Inland Waterways Users Board established by section 302 of the Water Resources Development Act of 1986 (33 U.S.C. 2251); and
the draft bill submitted by the President to Congress entitled the “Inland Waterways Capital Investment Act of 2011”, dated September 2011.
Conduct of study— In carrying out the study, the Secretary shall—
take into consideration whether the potential user fees and revenues from other sources—
are equitably associated with the construction, operation, and maintenance of inland and intracoastal waterway infrastructure, including locks, dams, and navigation channels; and
can be efficiently collected;
consult with, at a minimum—
representatives of the Inland Waterways Users Board; and
representatives of other nonnavigation beneficiaries of inland and intracoastal waterway infrastructure, including persons benefitting from—
municipal water supply;
hydropower;
recreation;
industrial water supply;
flood damage reduction;
agricultural water supply;
environmental restoration;
local and regional economic development; or
local real estate interests; and
representatives of other interests, as identified by the Secretary; and
provide the opportunity for public hearings in each of the geographic regions that contain segments of the inland and intracoastal waterways listed in section 206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804).
Report to Congress— Not later than 1 year after the date of enactment of this Act, the Secretary shall submit a report on the results of the study to—
the Committee on Transportation and Infrastructure, the Committee on Ways and Means, and the Committee on the Budget of the House of Representatives; and
the Committee on Environment and Public Works, the Committee on Finance, and the Committee on the Budget of the Senate.
Sec. 218 Assessment of operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway
changed
In general— Not later than 90 days after the date of enactment of this Act, the Secretary shall assess the operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway.
changed
Types of activities— In carrying out subsection (a), the Secretary shall assess the operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway as used for the following purposes:
Commercial navigation.
Commercial fishing.
Subsistence, including utilization by Indian tribes (as such term is defined by section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)) for subsistence and ceremonial purposes.
Use as ingress and egress to harbors of refuge.
Transportation of persons.
Purposes relating to domestic energy production, including fabrication, servicing, and supply of domestic offshore energy production facilities.
Activities of the Secretary of the department in which the Coast Guard is operating.
Public health and safety related equipment for responding to coastal and inland emergencies.
Recreation purposes.
Any other authorized purpose.
changed
Report to Congress— For fiscal year 2015, and biennially thereafter, in conjunction with the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that, with respect to the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway—
identifies the operation and maintenance costs required to achieve the authorized length, width, and depth;
identifies the amount of funding requested in the President’s budget for operation and maintenance costs; and
changed
identifies the unmet operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway.
Sec. 219 Upper Mississippi River protection
Economic impact study— Not later than 180 days after the date of enactment of this Act, the Secretary shall conduct a study and submit to Congress a report on the impact of closing the Upper St. Anthony Falls Lock and Dam on the economy and the environment, including an assessment of the annual average tonnage moving through the Upper St. Anthony Falls Lock and Dam during the preceding 5 years.
changed
Mandatory Closure— Not later than 1 year after the date of enactment of this Act, the Secretary shall close the Upper St. Anthony Falls Lock and Dam if the Secretary determines pursuant to the study conducted under subsection (a) (a), or based on other appropriate information made available to the Secretary, that the annual average tonnage moving through the Upper St. Anthony Falls Lock and Dam during the preceding 5 years was not more than 1,500,000 tons.
Emergency operations— Nothing in this section may be construed to prevent the Secretary from carrying out emergency lock operations necessary to mitigate flood damage.
Upper St. Anthony Falls Lock and Dam defined— In this section, the term “Upper St. Anthony Falls Lock and Dam” means the lock and dam located on Mississippi River Mile 853.9 in Minneapolis, Minnesota.
Sec. 301 Deauthorization of inactive projects
Purposes— The purposes of this section are—
to identify $12,000,000,000 in water resources development projects authorized by Congress that are no longer viable for construction due to—
a lack of local support;
a lack of available Federal or non-Federal resources; or
an authorizing purpose that is no longer relevant or feasible;
to create an expedited and definitive process to deauthorize water resources development projects that are no longer viable for construction; and
to allow the continued authorization of water resources development projects that are viable for construction.
Deauthorization of projects authorized before WRDA 2007—
In general— Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and shall publish in the Federal Register, a report that lists each authorized water resources development project, or separable element of a project, authorized for construction before November 8, 2007—
for which—
construction was not initiated before the date of enactment of this Act; or
construction was initiated before the date of enactment of this Act, but for which no funds, Federal or non-Federal, were obligated for construction of the project or separable element during the 5-year period ending on July 1, 2013; and
that is identified in accordance with paragraph (3).
Special rule for ongoing construction— A project or separable element shall not be listed pursuant to paragraph (1)(A)(ii) if the project or separable element is being constructed as of the date of enactment of this Act.
Identification of projects—
In general— The Secretary shall identify in the report submitted under paragraph (1) projects and separable elements that—
changed
meet the requirements described in subparagraph (A) of that paragraph; and
in the aggregate have an estimated Federal cost to complete (as of the date of the report) that is at least $12,000,000,000.
Sequencing of projects— In identifying projects and separable elements under subparagraph (A), the Secretary shall identify projects and separable elements according to the order in which the projects and separable elements were authorized, beginning with the earliest authorized projects and separable elements and ending upon the aggregate estimated Federal cost to complete for the projects and separable elements identified satisfying the requirement under subparagraph (A)(ii).
Congressional review period; deauthorization— After the expiration of the 180-day period beginning on the date of the submission of the report under this subsection, any project or separable element identified in that report is hereby deauthorized, unless during such period the non-Federal interest for the project or separable element provides, under Federal law, all funds necessary to complete the project or separable element.
Treatment of project modifications— For purposes of this section, if an authorized water resources development project or separable element has been modified in an Act of Congress, the date of the authorization of the project or separable element shall be deemed to be the date of the most recent such modification.
Sec. 305 Land conveyances
Tulsa Port of Catoosa, Rogers County, Oklahoma Land Exchange—
Land exchange— On conveyance by the Tulsa Port of Catoosa to the United States of all right, title, and interest in and to the non-Federal land, the Secretary shall convey to the Tulsa Port of Catoosa all right, title, and interest of the United States in and to the Federal land.
Definitions— In this subsection, the following definitions apply:
Federal land— The term “Federal land” means the approximately 87 acres of land situated in Rogers County, Oklahoma, contained within United States Tracts 413 and 427 and acquired for the McClellan-Kerr Arkansas Navigation System.
Non-Federal land— The term “non-Federal land” means the approximately 34 acres of land situated in Rogers County, Oklahoma, and owned by the Tulsa Port of Catoosa that lie immediately south and east of the Federal land.
Specific conditions—
Deeds—
Deed to non-Federal land— The Secretary may only accept conveyance of the non-Federal land by warranty deed, as determined acceptable by the Secretary.
Deed to Federal land— The Secretary shall convey the Federal land to the Tulsa Port of Catoosa by quitclaim deed and subject to any reservations, terms, and conditions the Secretary determines necessary to—
allow the United States to operate and maintain the McClellan-Kerr Arkansas River Navigation System; and
protect the interests of the United States.
Cash payment— If the appraised fair market value of the Federal land, as determined by the Secretary, exceeds the appraised fair market value of the non-Federal land, as determined by the Secretary, the Tulsa Port of Catoosa shall make a cash payment to the United States reflecting the difference in the appraised fair market values.
City of Asotin, Washington—
changed
In general— The Secretary shall convey to the city of Asotin, Walla Walla Asotin County, Washington, without monetary consideration, all right, title, and interest of the United States in and to the land described in paragraph (3).
Reversion— If the land transferred under this subsection ceases at any time to be used for a public purpose, the land shall revert to the United States.
Description— The land to be conveyed to the city of Asotin, Washington, under this subsection are—
the public ball fields designated as Tracts 1503, 1605, 1607, 1609, 1611, 1613, 1615, 1620, 1623, 1624, 1625, 1626, and 1631; and
other leased areas designated as Tracts 1506, 1522, 1523, 1524, 1525, 1526, 1527, 1529, 1530, 1531, and 1563.
Generally applicable provisions—
Survey to obtain legal description— The exact acreage and the legal description of any real property to be conveyed under this section shall be determined by a survey that is satisfactory to the Secretary.
Applicability of property screening provisions— Section 2696 of title 10, United States Code, shall not apply to any conveyance under this section.
Additional terms and conditions— The Secretary may require that any conveyance under this section be subject to such additional terms and conditions as the Secretary considers necessary and appropriate to protect the interests of the United States.
Costs of conveyance— An entity to which a conveyance is made under this section shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance.
Liability— An entity to which a conveyance is made under this section shall hold the United States harmless from any liability with respect to activities carried out, on or after the date of the conveyance, on the real property conveyed. The United States shall remain responsible for any liability with respect to activities carried out, before such date, on the real property conveyed.