S. 601 — what changed

The Secretary is authorized to carry out projects for water resources development, conservation, and other purposes, subject to the conditions that—

“(iii) for projects where mitigation will be carried out by the Secretary—

“(I) a description of the land and interest in land to be acquired for the mitigation plan;

“(II) the basis for a determination that the land and interests are available for acquisition; and

“(III) a determination that the proposed interest sought does not exceed the minimum interest in land necessary to meet the mitigation requirements for the project;

“(iv) for projects where mitigation will be carried out through a third party mitigation arrangement in accordance with subsection (i)—

“(I) a description of the third party mitigation instrument to be used; and

“(II) the basis for a determination that the mitigation instrument can meet the mitigation requirements for the project;”

“(h) Programmatic mitigation plans

“(1) In general—The Secretary may develop 1 or more programmatic mitigation plans to address the potential impacts to ecological resources, fish, and wildlife associated with existing or future water resources development projects.

“(2) Use of mitigation plans—The Secretary shall, to the maximum extent practicable, use programmatic mitigation plans developed in accordance with this subsection to guide the development of a mitigation plan under subsection (d).

“(3) Non-Federal plans—The Secretary shall, to the maximum extent practicable and subject to all conditions of this subsection, use programmatic environmental plans developed by a State, a body politic of the State, which derives its powers from a State constitution, a government entity created by State legislation, or a local government, that meet the requirements of this subsection to address the potential environmental impacts of existing or future water resources development projects.

changed “(4) Scope—A programmatic mitigation plan developed by the Secretary or an entity described in paragraph (3) to address potential impacts of existing or future water resources development projects may—shall, to the maximum extent practicable—

“(A) be developed on a regional, ecosystem, watershed, or statewide scale;

changed “(B) encompass multiple environmental resources within a defined geographical area or focus on a include specific resource, such as goals for aquatic resources or resource and fish and wildlife habitat; andhabitat restoration, establishment, enhancement, or preservation;

changed “(C) address impacts from all projects in a defined geographical area identify priority areas for aquatic resource and fish and wildlife habitat protection or focus on a specific type of project.restoration;

added “(D) encompass multiple environmental resources within a defined geographical area or focus on a specific resource, such as aquatic resources or wildlife habitat; and

added “(E) address impacts from all projects in a defined geographical area or focus on a specific type of project.

“(5) Consultation—The scope of the plan shall be determined by the Secretary or an entity described in paragraph (3), as appropriate, in consultation with the agency with jurisdiction over the resources being addressed in the environmental mitigation plan.

“(6) Contents—A programmatic environmental mitigation plan may include—

“(A) an assessment of the condition of environmental resources in the geographical area covered by the plan, including an assessment of recent trends and any potential threats to those resources;

“(B) an assessment of potential opportunities to improve the overall quality of environmental resources in the geographical area covered by the plan through strategic mitigation for impacts of water resources development projects;

“(C) standard measures for mitigating certain types of impacts;

“(D) parameters for determining appropriate mitigation for certain types of impacts, such as mitigation ratios or criteria for determining appropriate mitigation sites;

“(E) adaptive management procedures, such as protocols that involve monitoring predicted impacts over time and adjusting mitigation measures in response to information gathered through the monitoring;

“(F) acknowledgment of specific statutory or regulatory requirements that must be satisfied when determining appropriate mitigation for certain types of resources; and

“(G) any offsetting benefits of self-mitigating projects, such as ecosystem or resource restoration and protection.

“(7) Process—Before adopting a programmatic environmental mitigation plan for use under this subsection, the Secretary shall—

“(A) for a plan developed by the Secretary—

“(i) make a draft of the plan available for review and comment by applicable environmental resource agencies and the public; and

“(ii) consider any comments received from those agencies and the public on the draft plan; and

“(B) for a plan developed under paragraph (3), determine, not later than 180 days after receiving the plan, whether the plan meets the requirements of paragraphs (4) through (6) and was made available for public comment.

“(8) Integration with other plans—A programmatic environmental mitigation plan may be integrated with other plans, including watershed plans, ecosystem plans, species recovery plans, growth management plans, and land use plans.

“(9) Consideration in project development and permitting—If a programmatic environmental mitigation plan has been developed under this subsection, any Federal agency responsible for environmental reviews, permits, or approvals for a water resources development project may use the recommendations in that programmatic environmental mitigation plan when carrying out the responsibilities of the agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

“(10) Preservation of existing authorities—Nothing in this subsection limits the use of programmatic approaches to reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

“(i) Third-party mitigation arrangements

“(1) Eligible activities—In accordance with all applicable Federal laws (including regulations), mitigation efforts carried out under this section may include—

“(A) participation in mitigation banking or other third-party mitigation arrangements, such as—

“(i) the purchase of credits from commercial or State, regional, or local agency-sponsored mitigation banks; and

“(ii) the purchase of credits from in-lieu fee mitigation programs; and

added “(B) contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetlands if the Secretary determines that the contributions will ensure that the mitigation requirements of this section and the goals of section 307(a)(1) of the Water Resources Development Act of 1990 (33 U.S.C. 2317(a)(1)) will be met.

removed “(B) contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetlands.

“(2) Inclusion of other activities—The banks, programs, and efforts described in paragraph (1) include any banks, programs, and efforts developed in accordance with applicable law (including regulations).

“(3) Terms and conditions—In carrying out natural habitat and wetlands mitigation efforts under this section, contributions to the mitigation effort may—

“(A) take place concurrent with, or in advance of, the commitment of funding to a project; and

“(B) occur in advance of project construction only if the efforts are consistent with all applicable requirements of Federal law (including regulations) and water resources development planning processes.

“(4) Preference—At the request of the non-Federal project sponsor, preference may be given, to the maximum extent practicable, to mitigating an environmental impact through the use of a mitigation bank, in-lieu fee, or other third-party mitigation arrangement, if the use of credits from the mitigation bank or in-lieu fee, or the other third-party mitigation arrangement for the project has been approved by the applicable Federal agency.

added “(j) Use of Funds—The Secretary may use funds made available for preconstruction engineering and design prior to authorization of project construction to satisfy mitigation requirements through third party mechanisms or to acquire interests in land necessary for meeting the mitigation requirements of this section.”

removed “(j) Use of Funds—The Secretary may use funds made available for preconstruction engineering and design prior to authorization of project construction to acquire interests in land necessary for meeting the mitigation requirements of this section.”

“(d) Treatment of credit between projects—The value of any land, easements, rights-of-way, relocations, and dredged material disposal areas and the costs of planning, design, and construction work provided by the non-Federal interest that exceed the non-Federal cost share for a study, program, or project under this title may be applied toward the non-Federal cost share for any other study, program, or project carried out under this title.”

“(i) Construction

“(I) In general—In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of construction carried out by the non-Federal interest before execution of a partnership agreement and that construction has not been carried out as of the date of enactment of this subparagraph, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work prior to the non-Federal interest initiating construction or issuing a written notice to proceed for the construction.

“(II) Eligibility—Construction that is carried out after the execution of an agreement to carry out work described in subclause (I) and any design activities that are required for that construction, even if the design activity is carried out prior to the execution of the agreement to carry out work, shall be eligible for credit.

“(ii) Planning

“(I) In general—In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of planning carried out by the non-Federal interest before execution of a feasibility cost sharing agreement, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work prior to the non-Federal interest initiating that planning.

“(II) Eligibility—Planning that is carried out by the non-Federal interest after the execution of an agreement to carry out work described in subclause (I) shall be eligible for credit.”

“(E) Analysis of costs and benefits—In the evaluation of the costs and benefits of a project, the Secretary shall not consider construction carried out by a non-Federal interest under this subsection as part of the future without project condition.

“(F) Transfer of Credit between Separable Elements of a Project—Credit for in-kind contributions provided by a non-Federal interest that are in excess of the non-Federal cost share for an authorized separable element of a project may be applied toward the non-Federal cost share for a different authorized separable element of the same project.

“(G) Application of Credit—To the extent that credit for in-kind contributions, as limited by subparagraph (D), and credit for required land, easements, rights-of-way, dredged material disposal areas, and relocations provided by the non-Federal interest exceed the non-Federal share of the cost of construction of a project other than a navigation project, the Secretary shall reimburse the difference to the non-Federal interest, subject to the availability of funds.”

“(ii) Authorization in addition to specific credit provision—In any case in which a specific provision of law authorizes credit for in-kind contributions provided by a non-Federal interest before the date of execution of a partnership agreement, the Secretary may apply the authority provided in this paragraph to allow credit for in-kind contributions provided by the non-Federal interest on or after the date of execution of the partnership agreement.”

changed Section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b) is amended by striking subsection (d) and inserting adding at the end the following:

changed “(d) Congressional approval “(e) The Committees of modifications jurisdiction are very concerned about the operation of reservoir projects—Congressional approval shall be required for any modification projects in the Apalachicola-Chattahoochee-Flint River System and the Alabama-Coosa-Tallapoosa River System, and further, the Committees of a reservoir project jurisdiction recognize that has been authorized, surveyed, planned, or constructed this ongoing water resources dispute raises serious concerns related to include the authority of the Secretary of the Army to allocate substantial storage for municipal or industrial at projects to provide local water supply if, when considered cumulatively with pursuant to the Water Supply Act of 1958 absent congressional approval. Interstate water disputes of this nature are more properly addressed through interstate water agreements that take into consideration the concerns of all previous modifications affected States including impacts to other authorized uses of the project, projects, water supply for communities and major cities in the modification would—region, water quality, freshwater flows to communities, rivers, lakes, estuaries, and bays located downstream of projects, agricultural uses, economic development, and other appropriate concerns. To that end, the Committees of jurisdiction strongly urge the Governors of the affected States to reach agreement on an interstate water compact as soon as possible, and we pledge our commitment to work with the affected States to ensure prompt consideration and approval of any such agreement. Absent such action, the Committees of jurisdiction should consider appropriate legislation to address these matters including any necessary clarifications to the Water Supply Act of 1958 or other law. This subsection does not alter existing rights or obligations under law.”

removed “(1) seriously affect the purposes for which the project was authorized, surveyed, planned, or constructed;

removed “(2) involve major structural or operational changes; or

removed “(3) involve an allocation or reallocation of storage that is equal to or exceeds 5 percent of the conservation storage pool of the project.”

Section 156 of the Water Resources Development Act of 1976 (42 U.S.C. 1962d–5f) is amended to read as follows:

“156. Beach nourishment

changed “(a) In general—The general—Subject to subsection (b)(2)(A), the Secretary of the Army, acting through the Chief of Engineers, may provide periodic beach nourishment for each water resources development project for which that nourishment has been authorized for an additional period of time, as determined by the Secretary, subject to the condition that the additional period shall not exceed the later of—

“(1) 50 years after the date on which the construction of the project is initiated; or

“(2) the date on which the last estimated periodic nourishment for the project is to be carried out, as recommended in the applicable report of the Chief of Engineers.

changed “(b) Extension—Before the end of the 50-year period referred to in subsection (a)(1), the Secretary of the Army, acting through the Chief of Engineers—Extension

changed “(1) may, at In general—Except as provided in paragraph (3), before the request of date on which the non-Federal interest and subject 50-year period referred to the availability of appropriations, carry out a review of a nourishment project carried out under in subsection (a) to evaluate (a)(1) expires, the feasibility Secretary of continuing Federal participation in the project for a period not to exceed 15 years; andArmy, acting through the Chief of Engineers—

changed “(2) shall submit to Congress any recommendations “(A) may, at the request of the Secretary relating non-Federal interest and subject to the review.”availability of appropriations, carry out a review of a nourishment project carried out under subsection (a) to evaluate the feasibility of continuing Federal participation in the project for a period not to exceed 15 years; and

added “(B) shall submit to Congress any recommendations of the Secretary relating to the review.

added “(2) Plan for reducing risk to people and property

added “(A) In general—The non-Federal interest shall submit to the Secretary a plan for reducing the risk to people and property during the life of the project.

added “(B) Inclusion in report to Congress—The Secretary shall submit to Congress the plan described in subparagraph (A) with the recommendations submitted in paragraph (1)(B).

added “(3) Review commenced within 2 years of expiration of 50-year period

added “(A) In general—If the Secretary of the Army commences a review under paragraph (1) not earlier than the period beginning on the date that is 2 years before the date on which the 50-year period referred to in subsection (a)(1) expires and ending on the date on which the 50-year period expires, the project shall remain authorized after the expiration of the 50-year period until the earlier of—

added “(i) 3 years after the expiration of the 50-year period; or

added “(ii) the date on which a determination is made as to whether to extend Federal participation in the project in accordance with paragraph (1).

added “(B) Calculation of time period for extension—Notwithstanding clauses (i) and (ii) of subparagraph (A) and after a review under subparagraph (A) is completed, if a determination is made to extend Federal participation in the project in accordance with paragraph (1) for a period not to exceed 15 years, that period shall begin on the date on which the determination is made.”

Section 2045 of the Water Resources Development Act of 2007 (33 U.S.C. 2348) is amended to read as follows:

“2045. Project acceleration

“(a) Definitions—In this section:

changed “(1) Environmental impact statement—The term environmental impact statement means the detailed statement of environmental impacts of water resources resource projects required to be prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

“(2) Environmental review process

changed “(A) In general—The term environmental review process means the process of preparing an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a water resources resource project.

changed “(B) Inclusions—The term environmental review process includes the process for and completion of any environmental permit, approval, review, or study required for a water resources resource project under any Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

changed “(3) Lead Federal jurisdictional agency—The term lead Federal jurisdictional agency means the Corps of Engineers and, if applicable, any State, local, or tribal governmental entity serving as a joint lead Federal agency pursuant to this section.with jurisdiction delegated by law, regulation, order, or otherwise over an approval or decision required for a water resource project under applicable Federal laws (including regulations).

changed “(b) Policy—The benefits of water resources projects are important to “(4) Lead agency—The term lead agency means the economy and environment Corps of the United States, and recommendations to Congress regarding those projects should be accelerated by coordinated and efficient review and cooperative efforts to prevent Engineers and, if applicable, any State, local, or quickly resolve disputes during the development and implementation tribal governmental entity serving as a joint lead agency pursuant to section 1506.3 of those water resources projects.title 40, Code of Federal Regulations (or a successor regulation).

added “(5) Water resource project—The term water resource project means a Corps of Engineers water resource project.

added “(b) Policy—The benefits of water resource projects designed and carried out in an economically and environmentally sound manner are important to the economy and environment of the United States, and recommendations to Congress regarding those projects should be developed using coordinated and efficient review and cooperative efforts to prevent or quickly resolve disputes during the planning of those water resource projects.

“(c) Applicability

added “(1) In general—The project planning procedures under this section apply to proposed projects initiated after the date of enactment of the Water Resources Development Act of 2013 and for which the Secretary determines that—

removed “(1) In general—The project development procedures under this section apply to the development of projects initiated after the date of enactment of the Water Resources Development Act of 2013 and for which the Secretary determines that—

“(A) an environmental impact statement is required; or

added “(B) at the discretion of the Secretary, other water resource projects for which an environmental review process document is required to be prepared.

added “(2) Flexibility—Any authorities granted in this section may be exercised, and any requirements established under this section may be satisfied, for the planning of a water resource project, a class of those projects, or a program of those projects.

removed “(B) at the discretion of the Secretary, other water resources projects for which an environmental review process document is required to be prepared.

removed “(2) Flexibility—Any authorities granted in this section may be exercised, and any requirements established under this section may be satisfied, for the development of a water resources project, a class of those projects, or a program of those projects.

“(3) List of water resources development projects

“(A) In general—The Secretary shall annually prepare, and make publicly available, a separate list of each study that the Secretary has determined—

“(i) meets the standards described in paragraph (1); and

added “(ii) does not have adequate funding to make substantial progress toward the completion of the planning activities for the water resource project.

removed “(ii) does not have adequate funding to make substantial progress toward the completion of the planning activities for the water resources project.

“(B) Inclusions—The Secretary shall include for each study on the list under subparagraph (A) a description of the estimated amounts necessary to make substantial progress on the study.

removed “(4) Implementation guidance—The Secretary shall prepare, in consultation with the Council on Environmental Quality and other Federal agencies with jurisdiction over actions or resources that may be impacted by a water resources project, guidance documents that describe the processes that the Secretary will use to implement this section, in accordance with the civil works program of the Corps of Engineers and all applicable law.

removed “(d) Water resources project review process—The Secretary shall develop and implement a coordinated review process for the development of water resources projects.

changed “(e) Identification of jurisdictional agencies—With respect to “(4) Implementation guidance—The Secretary shall prepare, in consultation with the development of each water Council on Environmental Quality and other Federal agencies with jurisdiction over actions or resources that may be impacted by a water resource project, guidance documents that describe the coordinated review processes that the Secretary shall identify, as soon as practicable, all Federal, State, and local government agencies will use to implement this section for the planning of water resource projects, in accordance with the civil works program of the Corps of Engineers and Indian tribes that may—all applicable law.

changed “(1) have jurisdiction over the project;“(d) Water resource project review process

changed “(2) be required by law to conduct or issue “(1) In general—The Secretary shall develop and implement a review, analysis, or opinion coordinated review process for the project; ordevelopment of water resource projects.

changed “(3) be required to make a determination on issuing a “(2) Coordinated review—The coordinated review process described in paragraph (1) shall require that any analysis, opinion, permit, license, or statement, and approval issued or made by a Federal, State, or local governmental agency or an Indian tribe for the project.planning of a water resource project described in subsection (b) be conducted, to the maximum extent practicable, concurrently with any other applicable governmental agency or Indian tribe.

changed “(f) State authority—If the “(3) Timing—The coordinated review process is being implemented under this section by the Secretary with respect to the development of a water resources project described in subsection (c) within shall be completed not later than the boundaries of a State, date on which the State, consistent with State law, may choose to participate Secretary, in the process consultation and to make subject to concurrence with the process all State agencies that—identified under subsection (e), establishes with respect to the water resource project.

changed “(1) have jurisdiction over “(e) Identification of jurisdictional agencies—With respect to the project;development of each water resource project, the Secretary shall identify, as soon as practicable, all Federal, State, and local government agencies and Indian tribes that may—

changed “(2) are required to conduct or issue a review, analysis, or opinion for “(1) have jurisdiction over the project; orwater resource project;

changed “(3) are “(2) be required by law to make a determination on issuing conduct or issue a permit, license, review, analysis, or approval opinion for the project.water resource project; or

added “(3) be required to make a determination on issuing a permit, license, or approval for the water resource project.

added “(f) State authority—If the coordinated review process is being implemented under this section by the Secretary with respect to the planning of a water resource project described in subsection (c) within the boundaries of a State, the State, consistent with State law, may choose to participate in the process and to make subject to the process all State agencies that—

added “(1) have jurisdiction over the water resource project;

added “(2) are required to conduct or issue a review, analysis, or opinion for the water resource project; or

added “(3) are required to make a determination on issuing a permit, license, or approval for the water resource project.

“(g) Lead agencies

added “(1) Federal lead agency—Subject to paragraph (2), the Corps of Engineers shall be the lead Federal agency in the environmental review process for a water resource project.

removed “(1) Federal lead agency—Subject to paragraph (2), the Corps of Engineers shall be the lead Federal agency in the environmental review process for a water resources project.

“(2) Joint lead agencies

added “(A) In general—At the discretion of the Secretary and subject to any applicable regulations under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the concurrence of the proposed joint lead agency, an agency other than the Corps of Engineers may serve as the joint lead agency.

removed “(A) In general—At the discretion of the Secretary and subject to any applicable regulations under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an agency other than the Corps of Engineers may serve as the joint lead agency.

“(B) Non-Federal interest as joint lead agency—A non-Federal interest that is a State or local governmental entity—

added “(i) may, with the concurrence of the Secretary, serve as a joint lead agency with the Corps of Engineers for purposes of preparing any environmental document under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

added “(ii) may prepare any environmental review process document under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) required in support of any action or approval by the Secretary if—

added “(I) the Secretary provides guidance in the preparation process and independently evaluates that document

added “(II) the non-Federal interest complies with all requirements applicable to the Secretary under—

added “(aa) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

added “(bb) any regulation implementing that Act; and

added “(cc) any other applicable Federal law; and

added “(III) the Secretary approves and adopts the document before the Secretary takes any subsequent action or makes any approval based on that document, regardless of whether the action or approval of the Secretary results in Federal funding.

removed “(i) may serve as a joint lead agency with the Corps of Engineers for purposes of preparing any environmental document under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

removed “(ii) may prepare any environmental review process document required in support of any action or approval by the Secretary if—

removed “(I) the Corps of Engineers provides guidance in the preparation process and independently evaluates that document; and

removed “(II) the Secretary approves and adopts the document before the Secretary takes any subsequent action or makes any approval based on that document, regardless of whether the action or approval of the Secretary results in Federal funding.

“(3) Duties—The Secretary shall ensure that—

“(A) the non-Federal interest complies with all design and mitigation commitments made jointly by the Secretary and the non-Federal interest in any environmental document prepared by the non-Federal interest in accordance with this subsection; and

added “(B) any environmental document prepared by the non-Federal interest is appropriately supplemented under paragraph (2)(B) to address any changes to the water resource project the Secretary determines are necessary.

added “(4) Adoption and use of documents—Any environmental document prepared in accordance with this subsection may be adopted or used by any Federal agency making any approval to the same extent that the Federal agency could adopt or use a document prepared by another Federal agency under—

added “(A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

added “(B) parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regulations).

added “(5) Roles and responsibility of lead agency—With respect to the environmental review process for any water resource project, the lead agency shall have authority and responsibility—

added “(A) to take such actions as are necessary and proper and within the authority and responsibility of the lead agency to facilitate the expeditious resolution of the environmental review process for the water resource project; and

added “(B) to prepare or ensure that any required environmental impact statement or other environmental review document for a water resource project required to be completed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is completed in accordance with this section and applicable Federal law.

added “(h) Participating and cooperating agencies

removed “(B) any environmental document prepared by the non-Federal interest is appropriately supplemented if changes to the water resources project become necessary.

removed “(4) Adoption and use of documents—Any environmental document prepared in accordance with this subsection may be adopted or used by any Federal agency making any approval to the same extent that the Federal agency could adopt or use a document prepared by another Federal agency.

removed “(5) Roles and responsibility of lead agency—With respect to the environmental review process for any water resources project, the lead agency shall have authority and responsibility—

removed “(A) to take such actions as are necessary and proper and within the authority and responsibility of the lead agency to facilitate the expeditious resolution of the environmental review process for the water resources project; and

removed “(B) to prepare or ensure that any required environmental impact statement or other environmental review document for a water resources project required to be completed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is completed in accordance with this section and applicable Federal law.

removed “(h) Participating agencies

“(1) Invitation

added “(A) In general—The lead agency shall identify, as early as practicable in the environmental review process for a water resource project, any other Federal or non-Federal agencies that may have an interest in that project and invite those agencies to become participating or cooperating agencies, as applicable, in the environmental review process for the water resource project.

added “(B) Procedures—Section 1501.6 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the Water Resources Development Act of 2013) shall govern the identification and the participation of a cooperating agency under subparagraph (A).

added “(C) Deadline—An invitation to participate issued under subparagraph (A) shall set a deadline by which a response to the invitation shall be submitted, which may be extended by the lead agency for good cause.

added “(2) Federal cooperating agencies—Any Federal agency that is invited by the lead agency to participate in the environmental review process for a water resource project shall be designated as a cooperating agency by the lead agency unless the invited agency informs the lead agency, in writing, by the deadline specified in the invitation that the invited agency—

added “(A)

added “(i) has no jurisdiction or authority with respect to the water resource project;

added “(ii) has no expertise or information relevant to the water resource project; or

added “(iii) does not have adequate funds to participate in the water resource project; and

added “(B) does not intend to submit comments on the water resource project.

added “(3) Effect of designation—Designation as a participating or cooperating agency under this subsection shall not imply that the participating or cooperating agency—

added “(A) supports a proposed water resource project; or

added “(B) has any jurisdiction over, or special expertise with respect to evaluation of, the water resource project.

added “(4) Concurrent reviews—Each cooperating agency shall—

removed “(A) In general—The lead agency shall identify, as early as practicable in the environmental review process for a water resources project, any other Federal or non-Federal agencies that may have an interest in that project and invite those agencies to become participating agencies in the environmental review process for the water resources project.

removed “(B) Deadline—An invitation to participate issued under subparagraph (A) shall set a deadline by which a response to the invitation shall be submitted, which may be extended by the lead agency for good cause.

removed “(2) Federal participating agencies—Any Federal agency that is invited by the lead agency to participate in the environmental review process for a water resources project shall be designated as a participating agency by the lead agency unless the invited agency informs the lead agency, in writing, by the deadline specified in the invitation that the invited agency—

removed “(A) has no jurisdiction or authority with respect to the water resources project;

removed “(B) has no expertise or information relevant to the water resources project;

removed “(C) does not intend to submit comments on the water resources project; and

removed “(D) does not have adequate funds to participate in the water resources project.

removed “(3) Effect of designation—Designation as a participating agency under this subsection shall not imply that the participating agency—

removed “(A) supports a proposed water resources project; or

removed “(B) has any jurisdiction over, or special expertise with respect to evaluation of, the water resources project.

removed “(4) Concurrent reviews—Each participating agency shall—

“(A) carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process, unless doing so would impair the ability of the Federal agency to conduct needed analysis or otherwise carry out those obligations; and

“(B) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner.

“(i) Programmatic compliance

added “(1) In general—The Secretary shall issue guidance regarding the use of programmatic approaches to carry out the environmental review process that—

removed “(1) In general—The Secretary shall issue guidance to allow for 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;

added “(C) establishes a formal process for coordinating with cooperating agencies, including the creation of a list of all data that is needed to carry out an environmental review process; and

added “(D) complies with—

removed “(C) establishes a formal process for coordinating with participating agencies, including the creation of a list of all data that is needed to carry out an environmental review process; and

removed “(D) is consistent with—

“(i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

added “(ii) all other applicable laws.

removed “(ii) other applicable laws.

“(2) Requirements—In carrying out paragraph (1), the Secretary shall—

“(A) as the first step in drafting guidance under that paragraph, consult with relevant Federal and State agencies, Indian tribes, and the public on the appropriate use and scope of the programmatic approaches;

“(B) emphasize the importance of collaboration among relevant Federal agencies, State agencies, and Indian tribes in undertaking programmatic reviews, especially with respect to including reviews with a broad geographical scope;

“(C) ensure that the programmatic reviews—

“(i) promote transparency, including of the analyses and data used in the environmental review process, the treatment of any deferred issues raised by Federal, State, or tribal agencies, or the public, and the temporal and special scales to be used to analyze those issues;

“(ii) use accurate and timely information in the environmental review process, including—

“(I) criteria for determining the general duration of the usefulness of the review; and

“(II) the timeline for updating any out-of-date review;

“(iii) describe—

“(I) the relationship between programmatic analysis and future tiered analysis; and

“(II) the role of the public in the creation of future tiered analysis; and

“(iv) are available to other relevant Federal and State agencies, Indian tribes, and the public;

“(D) allow not fewer than 60 days of public notice and comment on any proposed guidance; and

“(E) address any comments received under subparagraph (D).

“(j) Coordinated reviews

“(1) Coordination plan

“(A) Establishment

added “(i) In general—The lead agency shall, after consultation with and with the concurrence of each cooperating agency for the water resource project and the non-Federal interest or joint lead agency, as applicable, establish a plan for coordinating public and agency participation in, and comment on, the environmental review process for a water resource project or a category of water resource projects.

removed “(i) In general—The lead agency shall establish a plan for coordinating public and agency participation in, and comment on, the environmental review process for a water resources project or a category of water resources projects.

“(ii) Incorporation—The plan established under clause (i) shall be incorporated into the project schedule milestones set under section 905(g)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2282(g)(2)).

added “(2) Comment deadlines—The lead agency shall establish the following deadlines for comment during the environmental review process for a water resource project:

removed “(2) Comment deadlines—The lead agency shall establish the following deadlines for comment during the environmental review process for a project:

“(A) Draft environmental impact statements—For comments by Federal and States agencies and the public on a draft environmental impact statement, a period of not more than 60 days after publication in the Federal Register of notice of the date of public availability of the draft environmental impact statement, unless—

added “(i) a different deadline is established by agreement of the lead agency, the non-Federal interest, as applicable, and all participating and cooperating agencies; or

removed “(i) a different deadline is established by agreement of the lead agency, the non-Federal interest, as applicable, and all participating agencies; or

“(ii) the deadline is extended by the lead agency for good cause.

added “(B) Other environmental review processes—For all comment periods established by the lead agency for agency or public comments in the environmental review process of an action within a program under the authority of the lead agency other than for a draft environmental impact statement, a period of not more than 30 days after the date on which the materials on which comment is requested are made available, unless—

added “(i) a different deadline is established by agreement of the lead agency, the non-Federal interest, and all cooperating agencies; or

removed “(B) Other environmental review processes—For all comment periods established by the lead agency for agency or public comments in the environmental review process other than for a draft environmental impact statement, a period of not more than 30 days after the date on which the materials on which comment is requested are made available, unless—

removed “(i) a different deadline is established by agreement of the lead agency, the non-Federal interest, and all participating agencies; or

“(ii) the deadline is extended by the lead agency for good cause.

“(3) Deadlines for decisions under other laws—In any case in which a decision under any Federal law relating to a project, including the issuance or denial of a permit or license, is required to be made by the date described in subsection (k)(6)(B)(ii), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—

added “(A) as soon as practicable after the 180-day period described in subsection (k)(6)(B)(ii), an initial notice of the failure of the Federal agency to make the decision; and

removed “(A) as soon as practicable after the 180-day period, an initial notice of the failure of the Federal agency to make the decision; and

“(B) every 60 days thereafter until such date as all decisions of the Federal agency relating to the project have been made by the Federal agency, an additional notice that describes the number of decisions of the Federal agency that remain outstanding as of the date of the additional notice.

added “(4) Involvement of the public—Nothing in this subsection reduces any time period provided for public comment in the environmental review process under applicable Federal law (including regulations).

removed “(4) Involvement of the public—Nothing in this subsection shall reduce any time period provided for public comment in the environmental review process under existing Federal law (including regulations).

“(k) Issue identification and resolution

added “(1) Cooperation—The lead agency, the cooperating agencies, and any participating agencies shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion of the environmental review process or result in the denial of any approval required for the water resource project under applicable laws.

removed “(1) Cooperation—The lead agency and the participating agencies shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion of the environmental review process or result in the denial of any approval required for the project under applicable laws.

“(2) Lead agency responsibilities

added “(A) In general—The lead agency shall make information available to the cooperating agencies and participating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the water resource project area and the general locations of the alternatives under consideration.

removed “(A) In general—The lead agency shall make information available to the participating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration.

“(B) Data sources—The information under subparagraph (A) may be based on existing data sources, including geographic information systems mapping.

added “(3) Cooperating and participating agency responsibilities—Based on information received from the lead agency, cooperating and participating agencies shall identify, as early as practicable, any issues of concern regarding the potential environmental or socioeconomic impacts of the water resource project, including any issues that could substantially delay or prevent an agency from granting a permit or other approval that is needed for the water resource project.

removed “(3) Participating agency responsibilities—Based on information received from the lead agency, participating agencies shall identify, as early as practicable, any issues of concern regarding the potential environmental or socioeconomic impacts of the project, including any issues that could substantially delay or prevent an agency from granting a permit or other approval that is needed for the project.

“(4) Interim decision on achieving accelerated decisionmaking

added “(A) In general—Not later than 45 days after the close of the public comment period on a draft environmental impact statement, the Secretary may convene a meeting with the non-Federal interest or joint lead agency, as applicable, relevant resource agencies, and relevant Federal and State agencies to establish a schedule of deadlines to complete decisions regarding the water resource project.

removed “(A) In general—Not later than 30 days after the close of the public comment period on a draft environmental impact statement, the Secretary may convene a meeting with the non-Federal interest or joint lead agency, as applicable, relevant resource agencies, and relevant Federal and State agencies to establish a schedule of deadlines to complete decisions regarding the project.

“(B) Deadlines

added “(i) In general—The deadlines referred to in subparagraph (A) shall be those established by the Secretary, in consultation with and with the concurrence of the non-Federal interest or joint lead agency, as applicable, and other relevant Federal and State agencies.

removed “(i) In general—The deadlines referred to in subparagraph (A) shall be those established by the Secretary, in consultation with the non-Federal interest or joint lead agency, as applicable, and other relevant Federal and State agencies.

“(ii) Factors for consideration—In establishing a schedule, the Secretary shall consider factors such as—

added “(I) the responsibilities of cooperating agencies under applicable laws;

removed “(I) the responsibilities of participating agencies under applicable laws;

“(II) the resources available to the non-Federal interest, joint lead agency, and other relevant Federal and State agencies, as applicable;

added “(III) the overall size and complexity of the water resource project;

added “(IV) the overall schedule for and cost of the water resource project; and

added “(V) the sensitivity of the natural and historical resources that could be affected by the water resource project.

removed “(III) the overall size and complexity of the project;

removed “(IV) the overall schedule for and cost of the project; and

removed “(V) the sensitivity of the natural and historical resources that could be affected by the project.

“(iii) Modifications—The Secretary may—

“(I) lengthen a schedule under clause (i) for good cause; and

added “(II) shorten a schedule only with concurrence of the affected non-Federal interest, joint lead agency, or relevant Federal and State agencies, as applicable.

removed “(II) shorten a schedule only with concurrence of the affected non-Federal interest, joint agency, or relevant Federal and State agencies, as applicable.

“(C) Failure to meet deadline—If the agencies described in subparagraph (A) cannot provide reasonable assurances that the deadlines described in subparagraph (B) will be met, the Secretary may initiate the issue resolution and referral process described under paragraph (5) before the completion of the record of decision.

added “(5) Accelerated issue resolution and elevation

removed “(5) Accelerated issue resolution and referral

“(A) Agency issue resolution meeting

added “(i) In general—A cooperating agency or non-Federal interest may request an issue resolution meeting to be conducted by the Secretary.

added “(ii) Action by Secretary—The Secretary shall convene an issue resolution meeting under clause (i) with the relevant cooperating agencies and the non-Federal interest, as applicable, to resolve issues that could—

removed “(i) In general—A participating agency or non-Federal interest may request an issue resolution meeting to be conducted by the Secretary.

removed “(ii) Action by Secretary—The Secretary shall convene an issue resolution meeting under clause (i) with the relevant participating agencies and the non-Federal interest, as applicable, to resolve issues that could—

“(I) delay completion of the environmental review process; or

added “(II) conflict with the ability of a cooperating agency to carry out applicable Federal laws (including regulations).

removed “(II) result in denial of any approvals required for the project under applicable laws.

“(iii) Date—A meeting requested under this subparagraph shall be held not later than 21 days after the date on which the Secretary receives the request for the meeting, unless the Secretary determines that there is good cause to extend that deadline.

added “(iv) Notification—On receipt of a request for a meeting under this subparagraph, the Secretary shall notify all relevant cooperating agencies of the request, including the issue to be resolved and the date for the meeting.

added “(v) Disputes—If a relevant cooperating agency with jurisdiction over an action, including a permit approval, review, or other statement or opinion required for a water resource project under applicable law determines that the relevant information necessary to resolve the issue has not been obtained and could not have been obtained within a reasonable time, but the Secretary disagrees, the resolution of the dispute shall be forwarded to the heads of the relevant agencies for resolution.

removed “(iv) Notification—On receipt of a request for a meeting under this subparagraph, the Secretary shall notify all relevant participating agencies of the request, including the issue to be resolved and the date for the meeting.

removed “(v) Disputes—If a relevant participating agency with jurisdiction over an approval required for a project under applicable law determines that the relevant information necessary to resolve the issue has not been obtained and could not have been obtained within a reasonable time, but the Secretary disagrees, the resolution of the dispute shall be forwarded to the heads of the relevant agencies for resolution.

“(vi) Convention by lead agency—The Secretary may convene an issue resolution meeting under this subsection at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under clause (i).

“(vii) Exception

“(I) In general—The issue resolution and referral process under this subparagraph shall not be initiated if the applicable agency—

added “(aa) notifies, with a supporting explanation, the lead agency, cooperating agencies, and non-Federal interest, as applicable, that—

added “(AA) the agency has not received necessary information or approvals from another entity in a manner that affects the ability of the agency to meet any requirements under Federal, tribal, State, or local law;

added “(BB) significant new information, including from public comments, or circumstances, including a major modification to an aspect of the water resource project, requires additional analysis for the agency to make a decision on the water resource project application; or

added “(CC) the agency lacks the financial resources to complete the review under the scheduled time frame, including a description of the number of full-time employees required to complete the review, the amount of funding required to complete the review, and a justification as to why there is not enough funding available to complete the review by the deadline; and

removed “(aa) certifies that—

removed “(AA) the agency has not received necessary information or approvals from another entity in a manner that affects the ability of the agency to meet any requirements under Federal, State, or local law;

removed “(BB) significant new information or circumstances, including a major modification to an aspect of the project, requires additional analysis for the agency to make a decision on the project application; or

removed “(CC) the agency lacks the financial resources to complete the review under the scheduled timeframe, including a description of the number of full-time employees required to complete the review, the amount of funding required to complete the review, and a justification as to why there is not enough funding available to complete the review by the deadline; and

“(bb) establishes a new deadline for completion of the review.

“(II) Inspector General—If the applicable agency makes a certification under subclause (I)(aa)(CC), the Inspector General of the applicable agency shall conduct a financial audit to review that certification and submit a report on that certification within 90 days to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

“(B) Elevation of issue resolution

added “(i) In general—If issue resolution is not achieved by not later than 30 days after the date on which a relevant meeting is held under subparagraph (A), the Secretary shall notify the heads of the relevant cooperating agencies and the non-Federal interest that an issue resolution meeting will be convened.

removed “(i) In general—If issue resolution is not achieved by not later than 30 days after the date on which a relevant meeting is held under subparagraph (A), the Secretary shall notify the heads of the relevant participating agencies and the non-Federal interest that an issue resolution meeting will be convened.

“(ii) Requirements—The Secretary shall identify the issues to be addressed at the meeting and convene the meeting not later than 30 days after the date on which the notice is issued.

added “(C) Submission of issue resolution

added “(i) Submission to Council on Environmental Quality

added “(I) In general—If a resolution is not achieved by not later than 30 days after the date on which an issue resolution meeting is held under subparagraph (B), the Secretary shall submit the matter to the Council on Environmental Quality.

added “(II) Meeting—Not later than 30 days after the date on which the Council on Environmental Quality receives a submission from the Secretary under subclause (I), the Council on Environmental Quality shall hold an issue resolution meeting with the lead agency, the heads of relevant cooperating agencies and the non-Federal interest.

added “(III) Additional hearings—The Council on Environmental Quality may hold public meetings or hearings to obtain additional views and information that the Council on Environmental Quality determines are necessary, consistent with the time frames described in this paragraph.

added “(ii) Remedies—Not later than 30 days after the date on which an issue resolution meeting is convened by the Council on Environmental Quality under clause (i)(II), the Secretary shall—

added “(I) publish findings that explain how the issue was resolved and recommendations (including, where appropriate, a finding that the submission does not support the position of the submitting agency); or

added “(II) if the resolution of the issue was not achieved, submit to the President for action—

added “(aa) the submission;

added “(bb) any views or additional information developed during any additional hearings under clause (i)(III); and

added “(cc) the recommendation of the Council on Environmental Quality.

removed “(C) Referral of issue resolution

removed “(i) Referral to council on environmental quality

removed “(I) In general—If a resolution is not achieved by not later than 30 days after the date on which an issue resolution meeting is held under subparagraph (B), the Secretary shall refer the matter to the Council on Environmental Quality.

removed “(II) Meeting—Not later than 30 days after the date on which the Council on Environmental Quality receives a referral from the Secretary under subclause (I), the Council on Environmental Quality shall hold an issue resolution meeting with the lead agency, the heads of relevant participating agencies and the non-Federal interest.

removed “(ii) Referral to the president—If a resolution of the issue is not achieved by not later than 30 days after the date on which an issue resolution meeting is convened by the Council on Environmental Quality under clause (i)(II), the Secretary shall refer the matter directly to the President.

“(6) Financial penalty provisions

added “(A) In general—A Federal jurisdictional agency shall complete any required approval or decision on an expeditious basis using the shortest existing applicable process.

removed “(A) In general—A Federal agency with jurisdiction over an approval required for a project under applicable Federal laws (including regulations) shall complete any required approval on an expeditious basis using the shortest existing applicable process.

“(B) Failure to decide

added “(i) In general—If a Federal jurisdictional agency fails to render a decision under any Federal law relating to a water resource project that requires the preparation of an environmental impact statement or environmental assessment, including the issuance or denial of a permit, license, statement, opinion, or other approval by the date described in clause (ii), the amount of funds made available to support the office of the head of the Federal jurisdictional agency shall be reduced by an amount of funding equal to the amounts specified in subclause (I) or (II) and those funds shall be made available to the division of the Federal jurisdictional agency charged with rendering the decision by not later than 1 day after the applicable date under clause (ii), and once each week thereafter until a final decision is rendered, subject to subparagraph (C)—

added “(I) $20,000 for any water resource project requiring the preparation of an environmental assessment or environmental impact statement; or

added “(II) $10,000 for any water resource project requiring any type of review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) other than an environmental assessment or environmental impact statement.

removed “(i) In general—If an agency described in subparagraph (A) fails to render a decision under any Federal law relating to a project that requires the preparation of an environmental impact statement or environmental assessment, including the issuance or denial of a permit, license, or other approval by the date described in clause (ii), an amount of funding equal to the amounts specified in subclause (I) or (II) shall be transferred from the applicable office of the head of the agency, or equivalent office to which the authority for rendering the decision has been delegated by law to the agency or division charged with rendering a decision regarding the application by not later than 1 day after the applicable date under clause (ii), and once each week thereafter until a final decision is rendered, subject to subparagraph (C)—

removed “(I) $20,000 for any project requiring the preparation of an environmental assessment or environmental impact statement; or

removed “(II) $10,000 for any project requiring any type of review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) other than an environmental assessment or environmental impact statement.

“(ii) Description of date—The date referred to in clause (i) is the later of—

“(I) the date that is 180 days after the date on which an application for the permit, license, or approval is complete; and

added “(II) the date that is 180 days after the date on which the Federal lead agency issues a decision on the water resource project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

removed “(II) the date that is 180 days after the date on which the Federal lead agency issues a decision on the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

“(C) Limitations

added “(i) In general—No transfer of funds under subparagraph (B) relating to an individual water resource project shall exceed, in any fiscal year, an amount equal to 1 percent of the funds made available for the applicable agency office.

removed “(i) In general—No transfer of funds under subparagraph (B) relating to an individual project shall exceed, in any fiscal year, an amount equal to 1 percent of the funds made available for the applicable agency office.

“(ii) Failure to decide—The total amount transferred in a fiscal year as a result of a failure by an agency to make a decision by an applicable deadline shall not exceed an amount equal to 5 percent of the funds made available for the applicable agency office for that fiscal year.

added “(iii) Aggregate—Notwithstanding any other provision of law, for each fiscal year, the aggregate amount of financial penalties assessed against each applicable agency office under title II of the Water Resources Development Act of 2013 and any other Federal law as a result of a failure of the agency to make a decision by an applicable deadline for environmental review, including the total amount transferred under this paragraph, shall not exceed an amount equal to 9.5 percent of the funds made available for the agency office for that fiscal year.

added “(D) No fault of agency

added “(i) In general—A transfer of funds under this paragraph shall not be made if the applicable agency described in subparagraph (A) notifies, with a supporting explanation, the lead agency, cooperating agencies, and non-Federal interest, as applicable, that—

added “(I) the agency has not received necessary information or approvals from another entity in a manner that affects the ability of the agency to meet any requirements under Federal, State, or local law;

added “(II) significant new information, including from public comments, or circumstances, including a major modification to an aspect of the water resource project, requires additional analysis for the agency to make a decision on the water resource project application; or

added “(III) the agency lacks the financial resources to complete the review under the scheduled time frame, including a description of the number of full-time employees required to complete the review, the amount of funding required to complete the review, and a justification as to why there is not enough funding available to complete the review by the deadline.

added “(ii) Lack of financial resources—If the agency provides notice under clause (i)(III), the Inspector General of the agency shall—

added “(I) conduct a financial audit to review the notice; and

added “(II) not later than 90 days after the date on which the review described in subclause (I) is completed, submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the notice.

removed “(D) No fault of agency—A transfer of funds under this paragraph shall not be made if—

removed “(i) the applicable agency described in subparagraph (A) certifies that—

removed “(I) the agency has not received necessary information or approvals from another entity in a manner that affects the ability of the agency to meet any requirements under Federal, State, or local law; or

removed “(II) significant new information or circumstances, including a major modification to an aspect of the project, requires additional analysis for the agency to make a decision on the project application; or

removed “(III) the agency lacks the financial resources to complete the review under the scheduled timeframe, including a description of the number of full-time employees required to complete the review, the amount of funding required to complete the review, and a justification as to why there is not enough funding available to complete the review by the deadline; and

removed “(ii) if the applicable agency makes a certification under clause (i)(III), the Inspector General of the applicable agency shall conduct a financial audit to review that certification and submit a report on that certification within 90 days to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

“(E) Limitation—The Federal agency from which funds are transferred pursuant to this paragraph shall not reprogram funds to the office of the head of the agency, or equivalent office, to reimburse that office for the loss of the funds.

added “(F) Effect of paragraph—Nothing in this paragraph affects or limits the application of, or obligation to comply with, any Federal, State, local, or tribal law.

removed “(F) Audits—In any fiscal year in which any funds are transferred from a Federal agency pursuant to this paragraph, the Inspector General of that agency shall—

removed “(i) conduct an audit to assess compliance with the requirements of this paragraph; and

removed “(ii) not later than 120 days after the end of the fiscal year in which the transfer occurred, submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the reasons why the transfers were levied, including allocations of resources.

removed “(G) Effect of paragraph—Nothing in this paragraph affects or limits the application of, or obligation to comply with, any Federal, State, local, or tribal law.

“(l) Performance measurement—The Secretary shall establish a program to measure and report on progress made toward improving and expediting the planning and environmental review process.

“(m) Memorandum of Agreements for Early Coordination

“(1) Sense of Congress—It is the sense of Congress that—

added “(A) the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process should cooperate with each other, State agencies, and Indian tribes on environmental review and water resource project delivery activities at the earliest practicable time to avoid delays and duplication of effort later in the process, prevent potential conflicts, and ensure that planning and water resource project development decisions reflect environmental values; and

removed “(A) the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process should cooperate with each other, State agencies, and Indian tribes on environmental review and water resources project delivery activities at the earliest practicable time to avoid delays and duplication of effort later in the process, prevent potential conflicts, and ensure that planning and water resources project development decisions reflect environmental values; and

“(B) the cooperation referred to in subparagraph (A) should include the development of policies and the designation of staff that advise planning agencies and non-Federal interests of studies or other information foreseeably required for later Federal action and early consultation with appropriate State and local agencies and Indian tribes.

“(2) Technical assistance—If requested at any time by a State or non-Federal interest, the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process, shall, to the maximum extent practicable and appropriate, as determined by the agencies, provide technical assistance to the State or non-Federal interest in carrying out early coordination activities.

added “(3) Memorandum of agency agreement—If requested at any time by a State or non-Federal interest, the lead agency, in consultation with other Federal agencies with relevant jurisdiction in the environmental review process, may establish memoranda of agreement with the non-Federal interest, Indian tribe, State and local governments, and other appropriate entities to carry out the early coordination activities, including providing technical assistance in identifying potential impacts and mitigation issues in an integrated fashion.

added “(n) Limitations—Nothing in this section preempts, supersedes, amends, modifies, repeals, or interferes with—

added “(1) any statutory or regulatory requirement, including for seeking, considering, or responding to public comment;

added “(2) any obligation to comply with the provisions any Federal law, including—

added “(A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

added “(B) the regulations issued by the Council on Environmental Quality or any other Federal agency to carry out that Act; and

added “(C) any other Federal environmental law;

added “(3) the reviewability of any final Federal agency action in a court of the United States or in the court of any State;

added “(4) any practice of seeking, considering, or responding to public comment; or

added “(5) any power, jurisdiction, responsibility, duty, or authority that a Federal, State, or local governmental agency, Indian tribe, or non-Federal interest has with respect to carrying out a water resource project or any other provision of law applicable to water resource projects.

removed “(3) Memorandum of agency agreement—If requested at any time by a State or non-Federal interest, the lead agency, in consultation with other Federal agencies with relevant jurisdiction in the environmental review process, may establish memoranda of agreement with the non-Federal interest, State and local governments, and other appropriate entities to carry out the early coordination activities, including providing technical assistance in identifying potential impacts and mitigation issues in an integrated fashion.

removed “(n) Limitations—Nothing in this section preempts, supersedes, amends, modifies, or interferes with—

removed “(1) any statutory requirement for seeking public comment;

removed “(2) any power, jurisdiction, or authority that a Federal, State, or local government agency, Indian tribe, or non-Federal interest has with respect to carrying out a water resources project;

removed “(3) any obligation to comply with the provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the regulations issued by the Council on Environmental Quality to carry out that Act or any other Federal environmental law;

removed “(4) the reviewability of any final Federal agency action in a court of the United States or in the court of any State;

removed “(5) any practice of seeking, considering, or responding to public comment; or

removed “(6) any power, jurisdiction, responsibility, or authority that a Federal, State, or local governmental agency, Indian tribe, or non-Federal interest has with respect to carrying out a water resources project or any other provision of law applicable to water resources development projects.

“(o) Categorical exclusions

“(1) In general—Not later than 180 days after the date of enactment of this subsection, the Secretary shall—

added “(A) survey the use by the Corps of Engineers of categorical exclusions in water resource projects since 2005;

removed “(A) survey the use by the Corps of Engineers of categorical exclusions in water resources projects since 2005;

“(B) publish a review of the survey that includes a description of—

added “(i) the types of actions that were categorically excluded or could be the basis for developing a new categorical exclusion; and

removed “(i) the types of actions categorically excluded; and

“(ii) any requests previously received by the Secretary for new categorical exclusions; and

“(C) solicit requests from other Federal agencies and non-Federal interests for new categorical exclusions.

added “(2) New categorical exclusions—Not later than 1 year after the date of enactment of this subsection, if the Secretary has identified a category of activities that merit establishing a categorical exclusion that did not exist on the day before the date of enactment of this subsection based on the review under paragraph (1), the Secretary shall publish a notice of proposed rulemaking to propose that new categorical exclusion, to the extent that the categorical exclusion meets the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (or successor regulation).

added “(p) Review of water resource project acceleration reforms

removed “(2) New categorical exclusions—Not later than 1 year after the date of enactment of this subsection, if the Secretary has identified a categorical exclusion that did not exist on the day before the date of enactment of this subsection based on the review under paragraph (1), the Secretary shall publish a notice of proposed rulemaking to propose that new categorical exclusion, to the extent that the categorical exclusion meets the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (or successor regulation).

removed “(p) Review of water resources project acceleration reforms

“(1) In general—The Comptroller General of the United States shall—

“(A) assess the reforms carried out under this section; and

“(B) not later than 5 years after the date of enactment of this subsection, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes the results of the assessment.

“(2) Inspector General report—The Inspector General of the Corps of Engineers shall—

“(A) assess the reforms carried out under this section; and

“(B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate—

“(i) not later than 2 years after the date of enactment of this subsection, an initial report of the findings of the Inspector General; and

added “(ii) not later than 4 years after the date of enactment of this subsection, a final report of the findings.

added “(q) Authorization—The authority provided by this section expires on the date that is 10 years after the date of enactment of this Act.”

removed “(ii) not later than 4 years after the date of enactment of this subsection, a final report of the findings.”

For authorized projects with a primary purpose of ecosystem restoration, the Secretary shall give funding priority to projects—

removed Section 1001(b) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)) is amended—

“(2) List of projects

“(A) In general—Notwithstanding section 3003 of Public Law 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), each year, after the submission of the list under paragraph (1), the Secretary shall submit to Congress a list of projects or separable elements of projects that have been authorized but that have received no obligations during the 5 full fiscal years preceding the submission of that list.

“(B) Additional notification—On submission of the list under subparagraph (A) to Congress, the Secretary shall notify—

“(i) each Senator in whose State and each Member of the House of Representatives in whose district a project (including any part of a project) on that list would be located; and

“(ii) each applicable non-Federal interest associated with a project (including any part of a project) on that list.

“(C) Deauthorization—A project or separable element included in the list under subparagraph (A) is not authorized after the last date of the fiscal year following the fiscal year in which the list is submitted to Congress, if funding has not been obligated for the planning, design, or construction of the project or element of the project during that period.”

“(3) Minimum funding list—At the end of each fiscal year, the Secretary shall submit to Congress a list of—

“(A) projects or separable elements of projects authorized for construction for which funding has been obligated in the 5 previous fiscal years;

“(B) the amount of funding obligated per fiscal year;

“(C) the current phase of each project or separable element of a project; and

“(D) the amount required to complete those phases.

“(4) Report

“(A) In general—Not later than 180 days after the date of enactment of the Water Resources Development Act of 2013, the Secretary shall compile and publish a complete list of all uncompleted, authorized projects of the Corps of Engineers, including for each project on that list—

“(i) the original budget authority for the project;

“(ii) the status of the project;

“(iii) the estimated date of completion of the project;

“(iv) the estimated cost of completion of the project; and

“(v) any amounts for the project that remain unobligated.

“(B) Publication

“(i) In general—The Secretary shall submit a copy of the list under subparagraph (A) to—

“(I) the appropriate committees of Congress; and

“(II) the Director of the Office of Management and Budget.

“(ii) Public availability—Not later than 30 days after providing the report to Congress under clause (i), the Secretary shall make a copy of the list available on a publicly accessible Internet site, in a manner that is downloadable, searchable, and sortable.”

changed With respect to the study for flood and storm damage reduction related to natural disasters to by carried out by the Secretary and authorized under the heading “Investigations” under title II of division A of Public Law 113–2, the Secretary shall include, to the maximum extent practicable, include specific project recommendations in the report developed for that study.

changed The purpose of this title is to direct authorize the Corps of Engineers Secretary to study and recommend solutions for water resource issues relating to flood risk and storm damage reduction, navigation, and aquatic ecosystem restoration.

In this title:

added Section 205(1)(E)(ii) of the Water Resources Development Act of 1992 (33 U.S.C. 2327(1)(E)(ii)) is amended by striking “$8,000,000” and inserting “$20,000,000”.

The purposes of this title are—

“(c) Prioritization

added “(1) Definitions—In this subsection:

added “(A) Constructed width and depth—The term constructed width and depth means the depth to which a project has been constructed, which shall not exceed the authorized width and depth of the project.

added “(B) Great Lakes Navigation System—The term Great Lakes Navigation System includes—

added “(i)

added “(I) Lake Superior;

added “(II) Lake Huron;

added “(III) Lake Michigan;

added “(IV) Lake Erie; and

added “(V) Lake Ontario;

added “(ii) all connecting waters between the lakes referred to in clause (i) used for commercial navigation;

added “(iii) any navigation features in the lakes referred to in clause (i) or waters described in clause (ii) that are a Federal operation or maintenance responsibility; and

added “(iv) areas of the Saint Lawrence River that are operated or maintained by the Federal Government for commercial navigation.

added “(C) High-use deep draft

added “(i) In general—The term high-use deep draft means a project that has a depth of greater than 14 feet with not less than 10,000,000 tons of cargo annually.

added “(ii) Exclusion—The term high-use deep draft does not include a project located in the Great Lakes Navigation System.

added “(D) Low-use port—The term low-use port means a port at which not more than 1,000,000 tons of cargo are transported each calendar year.

added “(E) Moderate-use port—The term moderate-use port means a port at which more than 1,000,000, but fewer than 10,000,000, tons of cargo are transported each calendar year.

added “(2) Priority—Of the amounts made available under this section to carry out projects described in subsection (a)(2) that are in excess of the amounts made available to carry out those projects in fiscal year 2012, the Secretary of the Army, acting through the Chief of Engineers, shall give priority to those projects in the following order:

added “(A)

added “(i) In any fiscal year in which all projects subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation) are not maintained to their constructed width and depth, the Secretary shall prioritize amounts made available under this section for those projects that are high-use deep draft and are a priority for navigation in the Great Lakes Navigation System.

added “(ii) Of the amounts made available under clause (i)—

added “(I) 80 percent shall be used for projects that are high-use deep draft; and

added “(II) 20 percent shall be used for projects that are a priority for navigation in the Great Lakes Navigation System.

added “(B) In any fiscal year in which all projects identified as high-use deep draft are maintained to their constructed width and depth, the Secretary shall—

added “(i) equally divide among each of the districts of the Corps of Engineers in which eligible projects are located 10 percent of remaining amounts made available under this section for moderate-use and low-use port projects—

added “(I) that have been maintained at less than their constructed width and depth due to insufficient federal funding during the preceding 6 fiscal years; and

added “(II) for which significant State and local investments in infrastructure have been made at those projects during the preceding 6 fiscal years; and

added “(ii) prioritize any remaining amounts made available under this section for those projects that are not maintained to the minimum width and depth necessary to provide sufficient clearance for fully loaded commercial vessels using those projects to maneuver safely.

added “(3) Administration—For purposes of this subsection, State and local investments in infrastructure shall include infrastructure investments made using amounts made available for activities under section 105(a)(9) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(9)).

added “(4) Exceptions—The Secretary may prioritize a project not identified in paragraph (2) if the Secretary determines that funding for the project is necessary to address—

added “(A) hazardous navigation conditions; or

added “(B) impacts of natural disasters, including storms and droughts.

added “(5) Reports to Congress—Not later than September 30, 2013, and annually thereafter, the Secretary shall submit to Congress a report that describes, with respect to the preceding fiscal year—

added “(A) the amount of funds used to maintain high-use deep draft projects and projects at moderate-use ports and low-use ports to the constructed depth and width of the projects;

added “(B) the respective percentage of total funds provided under this section used for high use deep draft projects and projects at moderate-use ports and low-use ports;

added “(C) the remaining amount of funds made available to carry out this section, if any; and

added “(D) any additional amounts needed to maintain the high-use deep draft projects and projects at moderate-use ports and low-use ports to the constructed depth and width of the projects.”

removed “(1) In general—Of the amounts made available under this section to carry out projects described in subsection (a)(2), the Secretary of the Army, acting through the Chief of Engineers, shall give priority to those projects in the following order:

removed “(A) In any fiscal year in which all projects subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or successor regulation) are not maintained to their authorized width and depth, the Secretary shall prioritize amounts made available under this section for those projects—

removed “(i) that are high-use deep draft; and

removed “(ii) for which construction is completed.

removed “(B) In any fiscal year in which the projects described in subparagraph (A) are maintained to their authorized width and depth, the Secretary shall prioritize not more than 20 percent of remaining amounts made available under this section for projects—

removed “(i) that have been maintained below their authorized width and depth during the preceding 5 fiscal years; and

removed “(ii) for which significant Federal, State, and local investments in infrastructure have been made at those projects.

removed “(2) Administration—For purposes of this subsection, State and local investments in infrastructure shall include infrastructure investments made using amounts made available for activities under section 105(a)(9) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(9)).”

“(3) Operation and maintenance activities defined

“(A) Scope of operation and maintenance activities—Notwithstanding any other provision of law (including regulations and guidelines) and subject to subparagraph (B), for purposes of this subsection, operation and maintenance activities that are eligible for the Federal cost share under paragraph (1) shall include—

“(i) the dredging of berths in a harbor that is accessible to a Federal channel, if the Federal channel has been constructed to a depth equal to the authorized depth of the channel; and

“(ii) the dredging and disposal of legacy-contaminated sediments and sediments unsuitable for ocean disposal that—

“(I) are located in or affect the maintenance of Federal navigation channels; or

“(II) are located in berths that are accessible to Federal channels.

“(B) Limitations

added “(i) In general—For each fiscal year, subject to section 210(c)(2), subparagraph (A) shall only apply—

added “(I) to the amounts made available under section 210 to carry out projects described in subsection (a)(2) of that section that are in excess of the amounts made available to carry out those projects in fiscal year 2012; and

added “(II) if, in that fiscal year, all projects identified as high-use deep draft (as defined in section 210(c)) are maintained to their constructed width and depth.

added “(ii) State limitation—For each fiscal year, the operation and maintenance activities described in subparagraph (A) may only be carried out in a State—

added “(I) in which the total amounts collected pursuant to section 4461 of the Internal Revenue Code of 1986 comprise not less than 2.5 percent annually of the total funding of the Harbor Maintenance Trust Fund established under section 9505 of the Internal Revenue Code of 1986; and

added “(II) that received less than 50 percent of the total amounts collected in that State pursuant to section 4461 of the Internal Revenue Code of 1986 in the previous 3 fiscal years.

added “(iii) Prioritization—In allocating amounts made available under this paragraph, the Secretary shall give priority to projects that have received the lowest amount of funding from the Harbor Maintenance Trust Fund in comparison to the amount of funding contributed to the Harbor Maintenance Trust Fund in the previous 3 fiscal years.

added “(iv) Maximum amount—The total amount made available in each fiscal year to carry out this paragraph shall not exceed the lesser of—

added “(I) amount that is equal to 40 percent of the amounts made available under section 210 to carry out projects described in subsection (a)(2) of that section that are in excess of the amounts made available to carry out those projects in fiscal year 2012; and

added “(II) the amount that is equal to 20 percent of the amounts made available under section 210 to carry out projects described in subsection (a)(2) of that section.

added “(4) Donor ports and ports contributing to energy production

added “(A) Definitions—In this paragraph:

added “(i) Cargo container—The term ‘cargo container’ means a cargo container that is 1 Twenty-foot Equivalent Unit.

added “(ii) Eligible donor port—The term, eligible donor port means a port—

added “(I) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation);

added “(II)

added “(aa) at which the total amounts collected pursuant to section 4461 of the Internal Revenue Code of 1986 comprise not less than $15,000,000 annually of the total funding of the Harbor Maintenance Trust Fund established under section 9505 of the Internal Revenue Code of 1986; and

added “(bb) that received less than 25 percent of the total amounts collected at that port pursuant to section 4461 of the Internal Revenue Code of 1986 in the previous 5 fiscal years; and

added “(III) that is located in a State in which more than 2,000,000 cargo containers were unloaded from or loaded on to vessels in calendar year 2011.

added “(iii) Eligible energy transfer port—The term eligible energy transfer port means a port—

added “(I) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulation (or successor regulation); and

added “(II)

added “(aa) at which energy commodities comprised greater than 25 percent of all commercial activity by tonnage in calendar year 2011; and

added “(bb) through which more than 40 million tons of cargo were transported in calendar year 2011.

added “(iv) Energy commodity—The term energy commodity includes—

added “(I) petroleum products;

added “(II) natural gas;

added “(III) coal;

added “(IV) wind and solar energy components; and

added “(V) biofuels.

added “(B) Additional uses

added “(i) In general—Subject to appropriations, the Secretary may provide to eligible donor ports and eligible energy transfer ports amounts in accordance with clause (ii).

added “(ii) Limitations—The amounts described in clause (i)—

added “(I) made available for eligible energy transfer ports shall be divided equally among all States with an eligible energy transfer port; and

added “(II) shall be made available only to a port as either an eligible donor port or an eligible energy transfer port.

added “(C) Uses—Amounts provided to an eligible port under this paragraph may only be used by that port—

added “(i) to provide payments to importers entering cargo or shippers transporting cargo through an eligible donor port or eligible energy transfer port, as calculated by U.S. Customs and Border Protection;

added “(ii) to dredge berths in a harbor that is accessible to a Federal channel;

added “(iii) to dredge and dispose of legacy-contaminated sediments and sediments unsuitable for ocean disposal that—

added “(I) are located in or affect the maintenance of Federal navigation channels; or

added “(II) are located in berths that are accessible to Federal channels; or

added “(iv) for environmental remediation related to dredging berths and Federal navigation channels.

added “(D) Administration of payments—If an eligible donor port or eligible energy transfer port elects to provide payments to importers or shippers in accordance with subparagraph (C)(i), the Secretary shall transfer the amounts that would be provided to the port under this paragraph to the Commissioner of U.S. Customs and Border Protection to provide the payments to the importers or shippers.

added “(E) Authorization of appropriations

added “(i) In general—For fiscal years 2014 through 2024, if the total amounts made available from the Harbor Maintenance Trust Fund exceed the total amounts made available from the Harbor Maintenance Trust Fund in fiscal year 2012, there is authorized to be appropriated from the Harbor Maintenance Trust Fund to carry out this paragraph the sum obtained by adding—

added “(I) $50,000,000; and

added “(II) the amount that is equal to 10 percent of the amounts made available under section 210 to carry out projects described in subsection (a)(2) of that section that are in excess of the amounts made available to carry out those projects in fiscal year 2012.

added “(ii) Division between eligible donor ports and eligible energy transfer ports—For each fiscal year, amounts made available shall be divided equally between eligible donor ports and eligible energy transfer ports.”

removed “(i) In general—For each fiscal year, subparagraph (A) shall only apply if all operation and maintenance activities that are eligible for the Federal cost share under paragraph (1) in a State described in clause (ii) have been funded.

removed “(ii) State limitation—For each fiscal year, the operation and maintenance activities described in subparagraph (A) may only be carried out in a State that—

removed “(I) contributes not less than 2.5 percent annually of the total funding of the Harbor Maintenance Trust Fund established under section 9505 of the Internal Revenue Code of 1986; and

removed “(II) received less than 50 percent of the total amounts collected in the State pursuant to section 9505 of the Internal Revenue Code of 1986 in the previous 3 fiscal years.

removed “(iii) Prioritization—In allocating amounts made available under this paragraph, the Secretary shall give priority to projects that have received the lowest rate of funding from the Harbor Maintenance Trust fund in previous fiscal years.”

In this title:

The following projects may be carried out with amounts made available under this title:

The provision of financial assistance for project under this title shall not—

Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary or the Administrator, as applicable, shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report summarizing for the projects that are receiving, or have received, assistance under this title—

added In this title, the term “resilient construction technique” means a construction method that—