--- kind: "diff" citation: "S. 601" bill: "113-s-601" heading: "Water Resources Development Act of 2013" from: "rs" from_label: "Reported in Senate" to: "es" to_label: "Engrossed in Senate" sections_amended: 44 sections_added: 58 sections_removed: 0 url: "https://uscodex.org/bills/113/s/601/changes/es" --- # S. 601 — what changed S. 601, Water Resources Development Act of 2013 — 44 sections amended and 58 added between Reported in Senate and Engrossed in Senate. Edits are marked `struck` and `inserted`. ## Sec. 1002 Project authorizations - The Secretary is authorized to carry out projects for water resources development, conservation, and other purposes, subject to the conditions that— - (1) each project is carried out— - (A) substantially in accordance with the plan for the project; and - (B) subject to any conditions described in the report for the project; and - (2) - (A) a Report of the Chief of Engineers has been completed; and - (B) after November 8, 2007, but prior to the date of enactment of this Act, the Assistant Secretary of the Army for Civil Works has submitted to Congress a recommendation to authorize construction of the project. - (2) a Report of the Chief of Engineers has been completed and a referral by the Assistant Secretary of the Army for Civil Works has been made to Congress as of the date of enactment of this Act for the project. ## Sec. 1003 Project review - (a) In general— For a project that is authorized by Federal law as of the date of enactment of this Act, the Secretary may modify the authorized project cost set under section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280)— - (1) by submitting the required certification and additional information to Congress in accordance with subsection (b); and - (2) after receiving an appropriation of funds in accordance with subsection (c).(b)(3)(B). - (b) Requirements for submission— - (1) Certification— The certification to Congress under subsection (a) shall include a certification by the Secretary that— - (A) expenditures above the authorized cost of the project are necessary to protect life and safety, safety or property, maintain critical navigation routes, or restore ecosystems; - (B) the project continues to provide benefits identified in the report of the Chief of Engineers for the project; and - (C) for projects under construction— - (i) a temporary stop or delay resulting from a failure to increase the authorized cost of the project will increase costs to the Federal Government; and - (ii) the amount requested for the project in the budget of the President or included in a work plan for the expenditure of funds for the fiscal year during which the certification is submitted will exceed the authorized cost of the project. - (2) Additional information— The information provided to Congress about the project under subsection (a) shall include, at a minimum— - (A) a comprehensive review of the project costs and reasons for exceeding the authorized limits set under section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280); - (B) an expedited analysis of the updated benefits and costs of the project; and - (C) the new funding revised cost estimate level needed to complete for completing the project. - (3) Approval of Congress— The Secretary may not change the authorized project costs under subsection (a) unless— - (A) a certification and required information is submitted to Congress under subsection (b); and - (B) after such submission, amounts are appropriated to initiate or continue construction of the project in an appropriations or other Act. - (c) De minimis amounts— If the cost to complete construction of an authorized water resources project would exceed the limitations on the maximum cost of the project under section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280), the Secretary may complete construction of the project, notwithstanding the limitations imposed by that section if— - (1) construction of the project is at least 70 percent complete at the time the cost of the project is projected to exceed the limitations; and - (2) the Federal cost to complete construction is less than $5,000,000. - (d) [was (4)] Termination of effectiveness— The authority of the Secretary under this section terminates on the date that is 3 years after the date of enactment of this Act. ## Sec. 1004 Future project authorizations — added - (a) Policy— The benefits of water resource projects designed and carried out in an economically justifiable, environmentally acceptable, and technically sound manner are important to the economy and environment of the United States and recommendations to Congress regarding those projects should be expedited for approval in a timely manner. - (b) Applicability— The procedures under this section apply to projects for water resources development, conservation, and other purposes, subject to the conditions that— - (1) each project is carried out— - (A) substantially in accordance with the plan identified in the report of the Chief of Engineers for the project; and - (B) subject to any conditions described in the report for the project; and - (2) - (A) a report of the Chief of Engineers has been completed; and - (B) after the date of enactment of this Act, the Assistant Secretary of the Army for Civil Works has submitted to Congress a recommendation to authorize construction of the project. - (c) Expedited consideration— - (1) In general— A bill shall be eligible for expedited consideration in accordance with this subsection if the bill— - (A) authorizes a project that meets the requirements described in subsection (b); and - (B) is referred to the Committee on Environment and Public Works of the Senate. - (2) Committee consideration— - (A) In general— Not later than January 31st of the second session of each Congress, the Committee on Environment and Public Works of the Senate shall— - (i) report all bills that meet the requirements of paragraph (1); or - (ii) introduce and report a measure to authorize any project that meets the requirements described in subsection (b). - (B) Failure to act— Subject to subparagraph (C), if the Committee fails to act on a bill that meets the requirements of paragraph (1) by the date specified in subparagraph (A), the bill shall be discharged from the Committee and placed on the calendar of the Senate. - (C) Exceptions— Subparagraph (B) shall not apply if— - (i) in the 180-day period immediately preceding the date specified in subparagraph (A), the full Committee holds a legislative hearing on a bill to authorize all projects that meet the requirements described in subsection (b); - (ii) - (I) the Committee favorably reports a bill to authorize all projects that meet the requirements described in subsection (b); and - (II) the bill described in subclause (I) is placed on the calendar of the Senate; or - (iii) a bill that meets the requirements of paragraph (1) is referred to the Committee not earlier than 30 days before the date specified in subparagraph (A). - (d) Termination— The procedures for expedited consideration under this section terminate on December 31, 2018. ## Sec. 2005 Fish and wildlife mitigation - (a) In general— Section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283) is amended— - (1) in subsection (d)— - (A) in paragraph (1)— - (i) in the first sentence— - (I) by inserting “for damages to ecological resources, including terrestrial and aquatic resources, and” after “mitigate”; - (II) by inserting “ecological resources and” after “impact on”; and - (III) by inserting “without the implementation of mitigation measures” before the period; and - (ii) by inserting before the last sentence the following: “If the Secretary determines that mitigation to in-kind conditions is not possible, the Secretary shall identify in the report the basis for that determination.”; anddetermination and the mitigation measures that will be implemented to meet the requirements of this section and the goals of section 307(a)(1) of the Water Resources Development Act of 1990 (33 U.S.C. 2317(a)(1)).”; - (B) in paragraph (2)— - (i) in the heading, by striking “Design” and inserting “Selection and design”; - (ii) by inserting “select and” after “shall”; and - (iii) by inserting “using a watershed approach” after “projects”; and - (C) [was (2)(3)(3)] in paragraph (3)— - (i) [was (2)(3)(3)(2)] in subparagraph (A), by inserting “, at a minimum,” after “complies with”; and - (ii) [was (2)(3)(3)(3)] in subparagraph (B)— - (I) [was (2)(3)(3)(3)(2)] by striking clause (iii); - (II) by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; and - (II) by redesginating clauses (iv) and (v) as clauses (v) and (vi), respectively; and - (III) [was (2)(3)(3)(3)(4)] by inserting after clause (ii) the following: - “(iii) for projects where mitigation will be carried out by the Secretary— - “(I) a description of the land and interest in land to be acquired for the mitigation plan; - “(II) the basis for a determination that the land and interests are available for acquisition; and - “(III) a determination that the proposed interest sought does not exceed the minimum interest in land necessary to meet the mitigation requirements for the project; - “(iv) for projects where mitigation will be carried out through a third party mitigation arrangement in accordance with subsection (i)— - “(I) a description of the third party mitigation instrument to be used; and - “(II) the basis for a determination that the mitigation instrument can meet the mitigation requirements for the project;” - (2) by adding at the end the following: - “(h) Programmatic mitigation plans - “(1) In general—The Secretary may develop 1 or more programmatic mitigation plans to address the potential impacts to ecological resources, fish, and wildlife associated with existing or future water resources development projects. - “(2) Use of mitigation plans—The Secretary shall, to the maximum extent practicable, use programmatic mitigation plans developed in accordance with this subsection to guide the development of a mitigation plan under subsection (d). - “(3) Non-Federal plans—The Secretary shall, to the maximum extent practicable and subject to all conditions of this subsection, use programmatic environmental plans developed by a State, a body politic of the State, which derives its powers from a State constitution, a government entity created by State legislation, or a local government, that meet the requirements of this subsection to address the potential environmental impacts of existing or future water resources development projects. - “(4) Scope—A programmatic mitigation plan developed by the Secretary or an entity described in paragraph (3) to address potential impacts of existing or future water resources development projects may—shall, to the maximum extent practicable— - “(A) be developed on a regional, ecosystem, watershed, or statewide scale; - “(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; - “(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; - “(D) encompass multiple environmental resources within a defined geographical area or focus on a specific resource, such as aquatic resources or wildlife habitat; and - “(E) address impacts from all projects in a defined geographical area or focus on a specific type of project. - “(5) Consultation—The scope of the plan shall be determined by the Secretary or an entity described in paragraph (3), as appropriate, in consultation with the agency with jurisdiction over the resources being addressed in the environmental mitigation plan. - “(6) Contents—A programmatic environmental mitigation plan may include— - “(A) an assessment of the condition of environmental resources in the geographical area covered by the plan, including an assessment of recent trends and any potential threats to those resources; - “(B) an assessment of potential opportunities to improve the overall quality of environmental resources in the geographical area covered by the plan through strategic mitigation for impacts of water resources development projects; - “(C) standard measures for mitigating certain types of impacts; - “(D) parameters for determining appropriate mitigation for certain types of impacts, such as mitigation ratios or criteria for determining appropriate mitigation sites; - “(E) adaptive management procedures, such as protocols that involve monitoring predicted impacts over time and adjusting mitigation measures in response to information gathered through the monitoring; - “(F) acknowledgment of specific statutory or regulatory requirements that must be satisfied when determining appropriate mitigation for certain types of resources; and - “(G) any offsetting benefits of self-mitigating projects, such as ecosystem or resource restoration and protection. - “(7) Process—Before adopting a programmatic environmental mitigation plan for use under this subsection, the Secretary shall— - “(A) for a plan developed by the Secretary— - “(i) make a draft of the plan available for review and comment by applicable environmental resource agencies and the public; and - “(ii) consider any comments received from those agencies and the public on the draft plan; and - “(B) for a plan developed under paragraph (3), determine, not later than 180 days after receiving the plan, whether the plan meets the requirements of paragraphs (4) through (6) and was made available for public comment. - “(8) Integration with other plans—A programmatic environmental mitigation plan may be integrated with other plans, including watershed plans, ecosystem plans, species recovery plans, growth management plans, and land use plans. - “(9) Consideration in project development and permitting—If a programmatic environmental mitigation plan has been developed under this subsection, any Federal agency responsible for environmental reviews, permits, or approvals for a water resources development project may use the recommendations in that programmatic environmental mitigation plan when carrying out the responsibilities of the agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). - “(10) Preservation of existing authorities—Nothing in this subsection limits the use of programmatic approaches to reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). - “(i) Third-party mitigation arrangements - “(1) Eligible activities—In accordance with all applicable Federal laws (including regulations), mitigation efforts carried out under this section may include— - “(A) participation in mitigation banking or other third-party mitigation arrangements, such as— - “(i) the purchase of credits from commercial or State, regional, or local agency-sponsored mitigation banks; and - “(ii) the purchase of credits from in-lieu fee mitigation programs; and - “(B) contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetlands if the Secretary determines that the contributions will ensure that the mitigation requirements of this section and the goals of section 307(a)(1) of the Water Resources Development Act of 1990 (33 U.S.C. 2317(a)(1)) will be met. - “(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. - “(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.” - “(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.” - (b) Application— The amendments made by subsection (a) shall not apply to a project for which a mitigation plan has been completed as of the date of enactment of this Act. - (c) Technical assistance— - (1) In general— The Secretary may provide technical assistance to States and local governments to establish third-party mitigation instruments, including mitigation banks and in-lieu fee programs, that will help to target mitigation payments to high-priority ecosystem restoration actions. - (2) Requirements— In providing technical assistance under this subsection, the Secretary shall give priority to States and local governments that have developed State, regional, or watershed-based plans identifying priority restoration actions. - (3) Mitigation instruments— The Secretary shall seek to ensure any technical assistance provided under this subsection will support the establishment of mitigation instruments that will result in restoration of high-priority areas identified in the plans under paragraph (2). ## Sec. 2010 Clarification of work-in-kind credit authority - (a) Non-Federal cost share— Section 7007 of the Water Resources Development Act of 2007 (121 Stat. 1277) is amended— - (1) in subsection (a)— - (A) by inserting “, on, or after” after “before”; and - (B) by inserting “, program,” after “study” each place it appears; - (2) in subsections (b) and (e), (e)(1), by inserting “, program,” after “study” each place it appears; and - (3) by striking subsection (d) and inserting the following: - “(d) Treatment of credit between projects—The value of any land, easements, rights-of-way, relocations, and dredged material disposal areas and the costs of planning, design, and construction work provided by the non-Federal interest that exceed the non-Federal cost share for a study, program, or project under this title may be applied toward the non-Federal cost share for any other study, program, or project carried out under this title.” - (b) Implementation— Not later than 90 days after the date of enactment of this Act, the Secretary, in coordination with any relevant agencies of the State of Louisiana, shall establish a process by which to carry out the amendments made by subsection (a)(3). - (c) Effective date— The amendments made by subsection (a) take effect on November 8, 2007. ## Sec. 2011 Transfer of excess work-in-kind credit - (a) In general— Subject to subsection (b), the Secretary may apply credit for in-kind contributions provided by a non-Federal interest that is in excess of the required non-Federal cost-share for a water resources study or project toward the required non-Federal cost-share for a different water resources study or project. - (b) Restrictions— - (1) In general— Except for subsection (a)(4)(D)(i) of that section, the requirements of section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b) (as amended by section 2012 of this Act) shall not apply to any credit under this section. - (2) Conditions— Credit in excess of the non-Federal cost-share for a study or project may be approved under this section only if— - (A) the non-Federal interest submits a comprehensive plan to the Secretary that identifies— - (i) the studies and projects for which the non-Federal interest intends to provide in-kind contributions for credit that is in excess of the non-Federal cost share for the study or project; and - (ii) the studies and projects to which that excess credit would be applied; - (B) the Secretary approves the comprehensive plan; and - (C) the total amount of credit does not exceed the total non-Federal cost-share for the studies and projects in the approved comprehensive plan. - (c) Additional criteria— In evaluating a request to apply credit in excess of the non-Federal cost-share for a study or project toward a different study or project, the Secretary shall consider whether applying that credit will— - (1) help to expedite the completion of a project or group of projects; - (2) reduce costs to the Federal Government; and - (3) aid the completion of a project that provides significant flood risk reduction or environmental benefits. - (d) Termination of authority— The authority provided in this section shall terminate 10 years after the date of enactment of this Act. - (e) Report— - (1) Deadlines— - (A) In general— Not later than 2 years after the date of enactment of this Act, and once every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an interim report on the use of the authority under this section. - (B) Final report— Not later than 5 10 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a final report on the use of the authority under this section. - (2) Inclusions— The reports described in paragraph (1) shall include— - (A) a description of the use of the authority under this section during the reporting period; - (B) an assessment of the impact of the authority under this section on the time required to complete projects; and - (C) an assessment of the impact of the authority under this section on other water resources projects. ## Sec. 2012 Credit for in-kind contributions - (a) In general— Section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) is amended— - (1) in subparagraph (A), in the matter preceding clause (i) by inserting “or a project under an environmental infrastructure assistance program” after “law”; - (2) in subparagraph (C), by striking “In any case” and all that follows through the period at the end and inserting the following: - “(i) Construction - “(I) In general—In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of construction carried out by the non-Federal interest before execution of a partnership agreement and that construction has not been carried out as of the date of enactment of this subparagraph, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work prior to the non-Federal interest initiating construction or issuing a written notice to proceed for the construction. - “(II) Eligibility—Construction that is carried out after the execution of an agreement to carry out work described in subclause (I) and any design activities that are required for that construction, even if the design activity is carried out prior to the execution of the agreement to carry out work, shall be eligible for credit. - “(ii) Planning - “(I) In general—In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of planning carried out by the non-Federal interest before execution of a feasibility cost sharing agreement, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work prior to the non-Federal interest initiating that planning. - “(II) Eligibility—Planning that is carried out by the non-Federal interest after the execution of an agreement to carry out work described in subclause (I) shall be eligible for credit.” - (3) in subparagraph (D)(iii), by striking “sections 101 and 103” and inserting “sections 101(a)(2) and 103(a)(1)(A) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(a)(2); 33 U.S.C. 2213(a)(1)(A))”; - (4) by redesignating subparagraph (E) as subparagraph (H); - (5) by inserting after subparagraph (D) the following: - “(E) Analysis of costs and benefits—In the evaluation of the costs and benefits of a project, the Secretary shall not consider construction carried out by a non-Federal interest under this subsection as part of the future without project condition. - “(F) Transfer of Credit between Separable Elements of a Project—Credit for in-kind contributions provided by a non-Federal interest that are in excess of the non-Federal cost share for an authorized separable element of a project may be applied toward the non-Federal cost share for a different authorized separable element of the same project. - “(G) Application of Credit—To the extent that credit for in-kind contributions, as limited by subparagraph (D), and credit for required land, easements, rights-of-way, dredged material disposal areas, and relocations provided by the non-Federal interest exceed the non-Federal share of the cost of construction of a project other than a navigation project, the Secretary shall reimburse the difference to the non-Federal interest, subject to the availability of funds.” - (6) in subparagraph (H) (as redesignated by paragraph (4))— - (A) in clause (i), by inserting “, and to water resources projects authorized prior to the date of enactment of the Water Resources Development Act of 1986 (Public Law 99–662), if correction of design deficiencies is necessary” before the period at the end; and - (B) by striking clause (ii) and inserting the following: - “(ii) Authorization in addition to specific credit provision—In any case in which a specific provision of law authorizes credit for in-kind contributions provided by a non-Federal interest before the date of execution of a partnership agreement, the Secretary may apply the authority provided in this paragraph to allow credit for in-kind contributions provided by the non-Federal interest on or after the date of execution of the partnership agreement.” - (b) Applicability— Section 2003(e) of the Water Resources Development Act of 2007 (42 U.S.C. 1962d-5b note) 1962d–5b) is amended by inserting “, or construction of design deficiency corrections on the project,” after “construction on the project”.amended— - (1) by inserting “, or construction of design deficiency corrections on the project,” after “construction on the project”; and - (2) by inserting “, or under which construction of the project has not been completed and the work to be performed by the non-Federal interests has not been carried out and is creditable only toward any remaining non-Federal cost share,” after “has not been initiated”. - (c) Effective date— The amendments made by subsections (a) and (b) take effect on November 8, 2007. - (d) Guidelines— - (1) In general— Not later than 1 year after the date of enactment of this Act, the Secretary shall update any guidance or regulations for carrying out section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) 1962d–5b(a)(4)) (as amended by subsection (a)) that are in existence on the date of enactment of this Act or issue new guidelines, as determined to be appropriate by the Secretary. - (2) Inclusions— Any guidance, regulations, or guidelines updated or issued under paragraph (1) shall include, at a minimum— - (A) the milestone for executing an in-kind memorandum of understanding for construction by a non-Federal interest; - (B) criteria and procedures for evaluating a request to execute an in-kind memorandum of understanding for construction by a non-Federal interest that is earlier than the milestone under subparagraph (A) for that execution; and - (C) criteria and procedures for determining whether work carried out by a non-Federal interest is integral to a project. - (3) Public and stakeholder participation— Before issuing any new or revised guidance, regulations, or guidelines or any subsequent updates to those documents, the Secretary shall— - (A) consult with affected non-Federal interests; - (B) publish the proposed guidelines developed under this subsection in the Federal Register; and - (C) provide the public with an opportunity to comment on the proposed guidelines. - (e) Other credit— Nothing in section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) (as amended by subsection (a)) affects any eligibility for credit under section 104 of the Water Resources Development of 1986 (33 U.S.C. 2214) that was approved by the Secretary prior to the date of enactment of this Act. ## Sec. 2014 Dam optimization - (a) Definitions—Definition of other related project benefits— In this section:section, the term other related project benefits includes— - (1) Other related project benefits— The term other related project benefits includes— - (1) [was (2)(3)(3)] environmental protection and restoration, including restoration of water quality and water flows, improving movement of fish and other aquatic species, and restoration of floodplains, wetlands, and estuaries; - (2) increased water supply storage (except for any project in the Apalachicola-Chattahoochee-Flint River system and the Alabama-Coosa-Tallapoosa River system); - (B) increased water supply storage; - (3) [was (2)(3)(5)] increased hydropower generation; - (4) [was (2)(3)(6)] reduced flood risk; - (5) [was (2)(3)(7)] additional navigation; and - (6) [was (2)(3)(8)] improved recreation. - (2) Water control plan— The term water control plan means— - (A) a plan for coordinated regulation schedules for project or system regulation; and - (B) such additional provisions as may be required to collect, analyze, and disseminate basic data, prepare detailed operating instructions, ensure project safety, and carry out regulation of projects in an appropriate manner. - (b) Program— - (1) In general— The Secretary may carry out activities— - (A) to improve the efficiency of the operations and maintenance of dams and related infrastructure operated by the Corps of Engineers; and - (B) to maximize, to the extent practicable— - (i) authorized project purposes; and - (ii) other related project benefits. - (2) Eligible activities— An eligible activity under this section is any activity that the Secretary would otherwise be authorized to carry out that is designed to provide other related project benefits in a manner that does not adversely impact the authorized purposes of the project, including—project. - (A) the review of project operations on a regular and timely basis to determine the potential for operational changes; - (B) carrying out any investigation or study the Secretary determines to be necessary; and - (C) the revision or updating of a water control plan or other modification of the operation of a water resource project. - (3) Impact on authorized purposes— An activity carried out under this section shall not adversely impact any of the authorized purposes of the project. - (4) Effect— - (A) Existing agreements— Nothing in this section— - (i) supersedes or modifies any written agreement between the Federal Government and a non-Federal interest that is in effect on the date of enactment of this Act; or - (ii) supersedes or authorizes any amendment to a multistate water-control plan, including the Missouri River Master Water Control Manual (as in effect on the date of enactment of this Act). - (B) Water rights— Nothing in this section— - (i) affects any water right in existence on the date of enactment of this Act; - (ii) preempts or affects any State water law or interstate compact governing water; or - (iii) affects any authority of a State, as in effect on the date of enactment of this Act, to manage water resources within that State. - (4) Effect on existing agreements— Nothing in this section supersedes or modifies any written agreement between the Federal Government and a non-Federal interest that is in effect on the date of enactment of this Act. - (5) Other laws— - (A) In general— An activity carried out under this section shall comply with all other applicable laws (including regulations). - (B) Water supply— Any activity carried out under this section that results in any modification to water supply storage allocations at a reservoir operated by the Secretary shall comply with section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b). - (c) Policies, regulations, and guidance— The Secretary shall carry out a review of, and as necessary modify, the policies, regulations, and guidance of the Secretary to carry out the activities described in subsection (b). - (d) Coordination— - (1) In general— The Secretary shall coordinate all planning and activities carried out under this section with appropriate Federal, State, and local agencies and those public and private entities that the Secretary determines may be affected by those plans or activities.shall— - (A) coordinate all planning and activities carried out under this section with appropriate Federal, State, and local agencies and those public and private entities that the Secretary determines may be affected by those plans or activities; and - (B) give priority to planning and activities under this section if the Secretary determines that— - (i) the greatest opportunities exist for achieving the objectives of the program, as specified in subsection (b)(1), and - (ii) the coordination activities under this subsection indicate that there is support for carrying out those planning and activities. - (2) Non-Federal Non-federal interests— Prior to carrying out an activity under this section, the Secretary shall consult with any applicable non-Federal interest of the affected dam or related infrastructure. - (e) Reports— - (1) In general— Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Secretary shall submit to Congress a report describing the actions carried out under this section. - (2) Inclusions— Each report under paragraph (1) shall include— - (A) a schedule for reviewing the operations of individual projects; and - (B) any recommendations of the Secretary on changes that the Secretary determines to be necessary— - (i) to carry out existing projection project authorizations, including the deauthorization of any water resource project that the Secretary determines could more effectively be achieved through other means; - (ii) to improve the efficiency of water resource project operations; and - (iii) to maximize authorized project purposes and other related project benefits. - (3) Updated report— - (A) In general— Not later than 2 years after the date of enactment of this Act, the Secretary shall update the report entitled “Authorized and Operating Purposes of Corps of Engineers Reservoirs” and dated July 1992, which was produced pursuant to section 311 of the Water Resources Development Act of 1990 (104 Stat. 4639). - (B) Inclusions— The updated report described in subparagraph (A) shall include— - (i) the date on which the most recent review of project operations was conducted and any recommendations of the Secretary relating to that review the Secretary determines to be significant; and - (ii) the dates on which the recommendations described in clause (i) were carried out. - (f) Funding— - (1) In general— The Secretary may use to carry out this section amounts made available to the Secretary from— - (A) the general purposes and expenses account; - (B) the operations and maintenance account; and - (C) any other amounts that are appropriated to carry out this section. - (2) Funding from other sources— The Secretary may accept and expend amounts from non-Federal entities and other Federal agencies to carry out this section. - (g) Cooperative agreements— The Secretary may enter into cooperative agreements with other Federal agencies and non-Federal entities to carry out this section. ## Sec. 2015 Water supply - 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: - “(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.” - “(1) seriously affect the purposes for which the project was authorized, surveyed, planned, or constructed; - “(2) involve major structural or operational changes; or - “(3) involve an allocation or reallocation of storage that is equal to or exceeds 5 percent of the conservation storage pool of the project.” ## Sec. 2020 Vegetation management policy - (a) Definition of national guidelines— In this section, the term national guidelines means the Corps of Engineers policy guidelines for management of vegetation on levees, including— - (1) Engineering Technical Letter 1110-2-571 1110–2–571 entitled “Guidelines for Landscape Planting and Vegetation Management at Levees, Floodwalls, Embankment Dams, and Appurtenant Structures” and adopted April 10, 2009; and - (2) the draft policy guidance letter entitled “Process for Requesting a Variance from Vegetation Standards for Levees and Floodwalls” (77 Fed. Reg. 9637 (Feb. 17, 2012)). - (b) Review— Not later than 180 days after the date of enactment of this Act, the Secretary shall carry out a comprehensive review of the national guidelines in order to determine whether current Federal policy relating to levee vegetation is appropriate for all regions of the United States. - (c) Factors— - (1) In general— In carrying out the review, the Secretary shall consider— - (A) the varied interests and responsibilities in managing flood risks, including the need— - (i) to provide for levee safety with limited resources; and - (ii) to ensure that levee safety investments minimize environmental impacts and provide corresponding public safety benefits; - (B) the levee safety benefits that can be provided by woody vegetation; - (C) the preservation, protection, and enhancement of natural resources, including— - (i) the benefit of vegetation on levees in providing habitat for endangered, threatened, and candidate species; and - (ii) the impact of removing levee vegetation on compliance with other regulatory requirements; - (D) protecting the rights of Indian tribes pursuant to treaties and statutes; - (E) the available science and the historical record regarding the link between vegetation on levees and flood risk; - (F) the avoidance of actions requiring significant economic costs and environmental impacts; and - (G) other factors relating to the factors described in subparagraphs (A) through (F) identified in public comments that the Secretary determines to be appropriate. - (2) Variance considerations— - (A) In general— In carrying out the review, the Secretary shall specifically consider whether the national guidelines can be amended to promote and allow for consideration of variances from national guidelines on a Statewide, tribal, regional, or watershed basis, including variances based on— - (i) soil conditions; - (ii) hydrologic factors; - (iii) vegetation patterns and characteristics; - (iv) environmental resources, including endangered, threatened, or candidate species and related regulatory requirements; - (v) levee performance history, including historical information on original construction and subsequent operation and maintenance activities; - (vi) any effects on water supply; - (vii) any scientific evidence on the link between levee vegetation and levee safety; - (viii) institutional considerations, including implementation challenges; - (ix) the availability of limited funds for levee construction and rehabilitation; - (x) the economic and environmental costs of removing woody vegetation on levees; and - (xi) other relevant factors identified in public comments that the Secretary determines to be appropriate. - (B) Scope— The scope of a variance approved by the Secretary may include a complete exemption to national guidelines, as the Secretary determines to be necessary. - (d) Cooperation and consultation; recommendations— - (1) In general— The Secretary shall carry out the review under this section in consultation with other applicable Federal agencies, representatives of State, regional, local, and tribal governments, appropriate nongovernmental organizations, and the public. - (2) Recommendations— The Chief of Engineers and any State, tribal, regional, or local entity may submit to the Secretary any recommendations for vegetation management policies for levees that conform with Federal and State laws, including recommendations relating to the review of national guidelines under subsection (b) and the consideration of variances under subsection (c)(2). - (e) Peer review— - (1) In general— As part of the review, the Secretary shall solicit and consider the views of the National Academy of Engineering and the National Academy of Sciences on the engineering, environmental, and institutional considerations underlying the national guidelines, including the factors described in subsection (c) and any information obtained by the Secretary under subsection (d). - (2) Availability of views— The views of the National Academy of Engineering and the National Academy of Sciences obtained under paragraph (1) shall be— - (A) made available to the public; and - (B) included in supporting materials issued in connection with the revised national guidelines required under subsection (f). - (f) Revision of national guidelines— - (1) In general— Not later than 2 years after the date of enactment of this Act, the Secretary shall— - (A) revise the national guidelines based on the results of the review, including— - (i) recommendations received as part of the consultation described in subsection (d)(1); and - (ii) the results of the peer review conducted under subsection (e); and - (B) submit to Congress a report that contains a summary of the activities of the Secretary and a description of the findings of the Secretary under this section. - (2) Content; incorporation into manual— The revised national guidelines shall— - (A) provide a practical, flexible process for approving Statewide, tribal, regional, or watershed variances from the national guidelines that— - (i) reflect due consideration of the factors described in subsection (c); and - (ii) incorporate State, tribal, and regional vegetation management guidelines for specific areas that have been adopted through a formal public process; and - (B) be incorporated into the manual proposed under section 5(c) of the Act entitled “An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved August 18, 1941 (33 U.S.C. 701n(c)). - (3) Failure to meet deadlines— If the Secretary fails to submit a report by the required deadline under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a detailed explanation of— - (A) why the deadline was missed; - (B) solutions needed to meet the deadline; and - (C) a projected date for submission of the report. - (g) Continuation of work— Concurrent with the completion of the requirements of this section, the Secretary shall proceed without interruption or delay with those ongoing or programmed projects and studies, or elements of projects or studies, that are not directly related to vegetation variance policy. - (h) Interim actions— - (1) In general— Until the date on which revisions to the national guidelines are adopted in accordance with subsection (f), the Secretary shall not require the removal of existing vegetation as a condition or requirement for any approval or funding of a project, or any other action, unless the specific vegetation has been demonstrated to present an unacceptable safety risk. - (2) Revisions— Beginning on the date on which the revisions to the national guidelines are adopted in accordance with subsection (f), the Secretary shall consider, on request of an affected entity, any previous action of the Corps of Engineers in which the outcome was affected by the former national guidelines. ## Sec. 2022 Restoration of flood and hurricane storm damage reduction projects - (a) In general— The Secretary shall carry out any measures necessary to repair or restore components of federally authorized and federally constructed flood and hurricane and storm damage reduction projects constructed by the Corps of Engineers to authorized levels (as of the date of enactment of this Act) of protection for reasons including settlement, subsidence, sea level rise, and new datum, if the Secretary determines the necessary work is feasible.technically feasible, environmentally acceptable, and economically justified. - (b) Cost share— The non-Federal share of the cost of construction of a project carried out under this section shall be determined as provided in subsections (a) through (d) of section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213). - (c) Operations and maintenance— The non-Federal share of the cost of operations, maintenance, repair, replacement, and rehabilitation for a project carried out under this section shall be 100 percent. - (d) Eligibility of projects transferred to non-Federal interest— The Secretary may carry out measures described in subsection (a) on a water resources project, separable element of a project, or functional component of a project that has been transferred to the non-Federal interest. - (e) Report to Congress— Not later than 8 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the implementation of this section, including— - (1) any recommendations relating to the continued need for the authority provided in this section; - (2) a description of the measures carried out under this section; - (3) any lessons learned relating to the measures implemented under this section; and - (4) best practices for carrying out measures to restore flood and hurricane and storm damage reduction projects. - (f) Termination of authority— The authority to carry out a measure under this section terminates on the date that is 10 years after the date of enactment of this Act. - (g) Authorization of appropriations— There is authorized to be appropriated to the Secretary to carry out this section $250,000,000. ## Sec. 2024 Dredging study - (a) In general— The Secretary, in conjunction with other relevant Federal agencies and applicable non-Federal interests, shall carry out a study— - (1) to compare domestic and international dredging markets, including costs, technologies, and management approaches used in each respective market, and determine the impacts of those markets on dredging needs and practices in the United States; - (2) to analyze past and existing practices, technologies, and management approaches used in dredging in the United States; and - (3) to develop recommendations relating to the best techniques, practices, and management approaches for dredging in the United States. - (b) Purposes— The purposes of the study under this section are— - (1) the identification of the best techniques, methods, and technologies for dredging, including the evaluation of the feasibility, cost, and benefits of— - (A) new dredging technologies; and - (B) improved dredging practices and techniques; - (2) the appraisal of the needs of the United States for dredging, including the need to increase the size of private and Corps of Engineers dredging fleets to meet demands for additional construction or maintenance dredging needed as of the date of enactment of this Act and in the subsequent 20 years; - (3) the identification of any impediments to dredging, including any recommendations of appropriate alternatives for responding to those impediments; - (4) the assessment, including any recommendations of appropriate alternatives, of the adequacy and effectiveness of— - (A) the economic, engineering, and environmental methods, models, and analyses used by the Chief of Engineers and private dredging operations for dredging; and - (B) the current cost structure of construction contracts entered into by the Chief of Engineers; - (5) the evaluation of the efficiency and effectiveness of past, current, and alternative dredging practices and alternatives to dredging, including agitation dredging; and - (6) the identification of innovative techniques and cost-effective methods to expand regional sediment management efforts, including the placement of dredged sediment within river diversions to accelerate the creation of wetlands. - (c) Study team— - (1) In general— The Secretary shall establish a study team to assist the Secretary in planning, carrying out, and reporting on the results of the study under this section. - (2) Study team— The study team established pursuant to paragraph (1) shall— - (A) be appointed by the Secretary; and - (B) represent a broad spectrum of experts in the field of dredging and representatives of relevant State agencies and relevant non-Federal interests. - (d) Public comment period— The Secretary shall— - (1) make available to the public, including on the Internet, all draft and final study findings under this section; and - (2) allow for a public comment period of not less than 30 days on any draft study findings prior to issuing final study findings. - (e) Report to congress— Not later than 2 years after the date of enactment of this Act, and subject to available appropriations, the Secretary, in consultation with the study team established under subsection (c), shall submit a detailed report on the results of the study to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. - (f) Failure to To meet deadlines— If the Secretary does not complete the study under this section and submit a report to Congress under subsection (e) on or before the deadline described in that subsection, the Secretary shall notify Congress and describe why the study was not completed. ## Sec. 2025 Non-Federal project implementation pilot program - (a) In general— Not later than 180 days after the date of enactment of this Act, the Secretary shall establish and implement a pilot program to evaluate the cost-effectiveness and project delivery efficiency of allowing non-Federal interests to carry out flood risk management, hurricane and storm damage reduction, and coastal harbor and channel and inland harbor navigation navigation, and aquatic ecosystem restoration projects. - (b) Purposes— The purposes of the pilot program are— - (1) to identify project delivery and cost-saving alternatives that reduce the backlog of authorized Corps of Engineers projects; - (2) to evaluate the technical, financial, and organizational efficiencies of a non-Federal interest carrying out the design, execution, management, and construction of 1 or more projects; and - (3) to evaluate alternatives for the decentralization of the project planning, management, design, and operational decisionmaking process of the construction for authorized Corps of Engineers.Engineers water resources projects. - (c) Administration— - (1) In general— In carrying out the pilot program, the Secretary shall— - (A) identify a total of not more than 12 15 projects for flood risk management, hurricane and storm damage reduction, including reduction (including levees, floodwalls, flood control channels, and water control structures, and structures), coastal harbor and channel and channels, inland harbor navigation, and aquatic ecosystem restoration that have been authorized for construction prior to the date of enactment of this Act that—Act, including— - (i) not more than 12 projects that— - (I) - (i) - (aa) [was (4)(2)(3)(2)(1)] have received Federal funds prior to the date of enactment of this Act; or - (bb) [was (4)(2)(3)(2)(2)] for more than 2 consecutive fiscal years, have an unobligated funding balance for that project in the Corps of Engineers construction account; and - (II) to the maximum extent practicable, are located in each of the divisions of the Corps of Engineers; and - (ii) to the maximum extent practicable, are located not more than 3 projects that have not received Federal funds in each of the divisions of period beginning on the Corps date on which the project was authorized and ending on the date of Engineers;enactment of this Act; - (B) notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the identification of each project under the pilot program; - (C) in collaboration with the non-Federal interest, develop a detailed project management plan for each identified project that outlines the scope, budget, design, and construction resource requirements necessary for the non-Federal interest to execute the project, or a separable element of the project; - (D) on the request of the non-Federal interest, enter into a project partnership agreement with the non-Federal interest for the non-Federal interest to provide full project management control for construction of the project, or a separable element of the project, in accordance with plans approved by the Secretary; - (E) following execution of the project partnership agreement, transfer to the non-Federal interest to carry out construction of the project, or a separable element of the project— - (i) if applicable, the balance of the unobligated amounts appropriated for the project, except that the Secretary shall retain sufficient amounts for the Corps of Engineers to carry out any responsibilities of the Corps of Engineers relating to the project and pilot program; and - (ii) additional amounts, as determined by the Secretary, from amounts made available under subsection (h), except that the total amount transferred to the non-Federal interest shall not exceed the updated estimate of the Federal share of the cost of construction, including any required design; and - (F) regularly monitor and audit each project being constructed by a non-Federal interest under this section to ensure that the construction activities are carried out in compliance with the plans approved by the Secretary and that the construction costs are reasonable. - (2) Detailed project schedule— Not later than 180 days after entering into an agreement under paragraph (1)(D), each non-Federal interest, to the maximum extent practicable, shall submit to the Secretary a detailed project schedule, based on full estimated funding capability, levels, that lists all deadlines for each milestone in the construction of the project. - (3) Technical assistance— On the request of a non-Federal interest, the Secretary may provide technical assistance to the non-Federal interest, if the non-Federal interest contracts with the Secretary for the technical assistance and compensates the Secretary for the technical assistance, assistance relating to— - (A) any study, engineering activity, and design activity for construction carried out by the non-Federal interest under this section; and - (B) expeditiously obtaining any permits necessary for the project. - (d) Cost-share— Nothing in this section affects the cost-sharing requirement applicable on the day before the date of enactment of this Act to a project carried out under this section. - (e) Report— - (1) In general— Not later than 2 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report detailing the results of the pilot program carried out under this section, including— - (A) a description of the progress of non-Federal interests in meeting milestones in detailed project schedules developed pursuant to subsection (c)(2); and - (B) any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis. - (2) Update— Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an update of the report described in paragraph (1). - (3) Failure to meet deadline— If the Secretary fails to submit a report by the required deadline under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation Infrastructure of the House of Representatives a detailed explanation of why the deadline was missed and a projected date for submission of the report. - (f) Administration— All laws and regulations that would apply to the Secretary if the Secretary were carrying out the project shall apply to a non-Federal interest carrying out a project under this section. - (g) Termination of Authority— The authority to commence a project under this section terminates on the date that is 5 years after the date of enactment of this Act. - (h) Authorization of appropriations— In addition to any amounts appropriated for a specific project, there is authorized to be appropriated to the Secretary to carry out the pilot program under this section, including the costs of administration of the Secretary, $25,000,000 for each of fiscal years 2014 through 2018. ## Sec. 2026 Non-Federal implementation of feasibility studies - (a) In general— Not later than 180 days after the date of enactment of this Act, the Secretary shall establish and implement a pilot program to evaluate the cost-effectiveness and project delivery efficiency of allowing non-Federal interests to carry out feasibility studies for flood risk management, hurricane and storm damage reduction, aquatic ecosystem restoration, and coastal harbor and channel and inland harbor navigation. - (b) Purposes— The purposes of the pilot program are— - (1) to identify project delivery and cost-saving alternatives to the existing feasibility study process; - (2) to evaluate the technical, financial, and organizational efficiencies of a non-Federal interest carrying out a feasibility study of 1 or more projects; and - (3) to evaluate alternatives for the decentralization of the project planning, management, and operational decisionmaking process of the Corps of Engineers. - (c) Administration— - (1) In general— On the request of a non-Federal interest, the Secretary may enter into an agreement with the non-Federal interest for the non-Federal interest to provide full project management control of a feasibility study for a project for— - (A) flood risk management; - (B) hurricane and storm damage reduction, including levees, floodwalls, flood control channels, and water control structures; - (C) coastal harbor and channel and inland harbor navigation; and - (D) aquatic ecosystem restoration. - (2) Use of non-Federal-funds— - (A) In general— A non-Federal interest that has entered into an agreement with the Secretary pursuant to paragraph (1) may use non-Federal funds to carry out the feasibility study. - (B) Credit— The Secretary shall credit towards the non-Federal share of the cost of construction of a project for which a feasibility study is carried out under this section an amount equal to the portion of the cost of developing the study that would have been the responsibility of the Secretary, if the study were carried out by the Secretary, subject to the conditions that— - (i) non-Federal funds were used to carry out the activities that would have been the responsibility of the Secretary; - (ii) the Secretary determines that the feasibility study complies with all applicable Federal laws and regulations; and - (iii) the project is authorized by any provision of Federal law enacted after the date on which an agreement is entered into under paragraph (1). - (3) Transfer of funds— - (A) In general— After the date on which an agreement is executed pursuant to paragraph (1), the Secretary may transfer to the non-Federal interest to carry out the feasibility study— - (i) if applicable, the balance of any unobligated amounts appropriated for the study, except that the Secretary shall retain sufficient amounts for the Corps of Engineers to carry out any responsibilities of the Corps of Engineers relating to the project and pilot program; and - (ii) additional amounts, as determined by the Secretary, from amounts made available under subsection (h), except that the total amount transferred to the non-Federal interest shall not exceed the updated estimate of the Federal share of the cost of the feasibility study. - (B) Administration— The Secretary shall include such provisions as the Secretary determines to be necessary in an agreement under paragraph (1) to ensure that a non-Federal interest receiving Federal funds under this paragraph— - (i) has the necessary qualifications to administer those funds; and - (ii) will comply with all applicable Federal laws (including regulations) relating to the use of those funds. - (4) Notification— The Secretary shall notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the initiation of each feasibility study under the pilot program. - (5) Auditing— The Secretary shall regularly monitor and audit each feasibility study carried out by a non-Federal interest under this section to ensure that the use of any funds transferred under paragraph (3) are used in compliance with the agreement signed under paragraph (1). - (6) Technical assistance— On the request of a non-Federal interest, the Secretary may provide technical assistance to the non-Federal interest relating to any aspect of the feasibility study, if the non-Federal interest contracts with the Secretary for the technical assistance and compensates the Secretary for the technical assistance. - (7) Detailed project schedule— Not later than 180 days after entering into an agreement under paragraph (1), each non-Federal interest, to the maximum extent practicable, shall submit to the Secretary a detailed project schedule, based on full funding capability, that lists all deadlines for milestones relating to the feasibility study. - (d) Cost-share— Nothing in this section affects the cost-sharing requirement applicable on the day before the date of enactment of this Act to a feasibility study carried out under this section. - (e) Report— - (1) In general— Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report detailing the results of the pilot program carried out under this section, including— - (A) a description of the progress of the non-Federal interests in meeting milestones in detailed project schedules developed pursuant to subsection (c)(7); and - (B) any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis. - (2) Update— Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an update of the report described in paragraph (1). - (3) Failure to meet deadline— If the Secretary fails to submit a report by the required deadline under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation Infrastructure of the House of Representatives a detailed explanation of why the deadline was missed and a projected date for submission of the report. - (f) Administration— All laws and regulations that would apply to the Secretary if the Secretary were carrying out the feasibility study shall apply to a non-Federal interest carrying out a feasibility study under this section. - (g) Termination of authority— The authority to commence a feasibility study under this section terminates on the date that is 5 years after the date of enactment of this Act. - (h) Authorization of appropriations— In addition to any amounts appropriated for a specific project, there is authorized to be appropriated to the Secretary to carry out the pilot program under this section, including the costs of administration of the Secretary, $25,000,000 for each of fiscal years 2014 through 2018. ## Sec. 2030 Beach nourishment - Section 156 of the Water Resources Development Act of 1976 (42 U.S.C. 1962d–5f) is amended to read as follows: - “156. Beach nourishment - “(a) In general—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. - “(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 - “(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— - “(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 - “(B) shall submit to Congress any recommendations of the Secretary relating to the review. - “(2) Plan for reducing risk to people and property - “(A) In general—The non-Federal interest shall submit to the Secretary a plan for reducing the risk to people and property during the life of the project. - “(B) Inclusion in report to Congress—The Secretary shall submit to Congress the plan described in subparagraph (A) with the recommendations submitted in paragraph (1)(B). - “(3) Review commenced within 2 years of expiration of 50-year period - “(A) In general—If the Secretary of the Army commences a review under paragraph (1) not earlier than the period beginning on the date that is 2 years before the date on which the 50-year period referred to in subsection (a)(1) expires and ending on the date on which the 50-year period expires, the project shall remain authorized after the expiration of the 50-year period until the earlier of— - “(i) 3 years after the expiration of the 50-year period; or - “(ii) the date on which a determination is made as to whether to extend Federal participation in the project in accordance with paragraph (1). - “(B) Calculation of time period for extension—Notwithstanding clauses (i) and (ii) of subparagraph (A) and after a review under subparagraph (A) is completed, if a determination is made to extend Federal participation in the project in accordance with paragraph (1) for a period not to exceed 15 years, that period shall begin on the date on which the determination is made.” ## Sec. 2032 Study acceleration - (a) Findings— Congress finds that— - (1) delays in the completion of feasibility studies— - (A) increase costs for the Federal Government as well as State and local governments; and - (B) delay the implementation of water resources projects that provide critical benefits, including reducing flood risk, maintaining commercially important flood risk, and restoring vital ecosystems; and - (2) the efforts undertaken by the Corps of Engineers through the establishment of the “3-3-3” “3–3–3” planning process should be continued. - (b) Acceleration of Studies— - (1) In general— Subject to paragraphs (2) and (3), a feasibility study initiated after the date of enactment of this Act shall— - (A) be completed not later than 3 years after the date of initiation of the study; and - (B) have a maximum Federal cost share of $3,000,000. - (2) Ability to comply— On initiating a feasibility study under paragraph (1), the Secretary shall— - (A) certify that the study will comply with the requirements of paragraph (1); - (B) for projects the Secretary determines to be too complex to comply with the requirements of paragraph (1)— - (i) not less than 30 days after making a determination, notify the non-Federal interest regarding the inability to comply; and - (ii) provide a new projected timeline and cost; and - (C) if the study conditions have changed such that scheduled timelines or study costs will not be met— - (i) not later than 30 days after the study conditions change, notify the non-Federal interest of those changed conditions; and - (ii) present the non-Federal interest with a new timeline for completion and new projected study costs. - (3) Appropriations— - (A) In general— All timeline and cost conditions under this section shall be subject to the Secretary receiving adequate appropriations for meeting study timeline and cost requirements. - (B) Notification— Not later than 60 days after receiving appropriations, the Secretary shall notify the non-Federal interest of any changes to timelines or costs due to inadequate appropriations. - (c) Report— Not later than 18 months after the date of enactment of this Act and each year thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes— - (1) the status of the implementation of the “3-3-3” “3–3–3” planning process, including the number of participating projects; - (2) the amount of time taken to complete all studies participating in the “3-3-3” “3–3–3” planning process; and - (3) any recommendations for additional authority necessary to support efforts to expedite the feasibility study process for water resource projects. ## Sec. 2033 Project acceleration - Section 2045 of the Water Resources Development Act of 2007 (33 U.S.C. 2348) is amended to read as follows: - “2045. Project acceleration - “(a) Definitions—In this section: - “(1) Environmental impact statement—The term environmental impact statement means the detailed statement of environmental impacts of water 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 - “(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. - “(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.). - “(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). - “(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). - “(5) Water resource project—The term water resource project means a Corps of Engineers water resource project. - “(b) Policy—The benefits of water resource projects designed and carried out in an economically and environmentally sound manner are important to the economy and environment of the United States, and recommendations to Congress regarding those projects should be developed using coordinated and efficient review and cooperative efforts to prevent or quickly resolve disputes during the planning of those water resource projects. - “(c) Applicability - “(1) In general—The project planning procedures under this section apply to proposed projects initiated after the date of enactment of the Water Resources Development Act of 2013 and for which the Secretary determines that— - “(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 - “(B) at the discretion of the Secretary, other water resource projects for which an environmental review process document is required to be prepared. - “(2) Flexibility—Any authorities granted in this section may be exercised, and any requirements established under this section may be satisfied, for the planning of a water resource project, a class of those projects, or a program of those projects. - “(B) at the discretion of the Secretary, other water resources projects for which an environmental review process document is required to be prepared. - “(2) Flexibility—Any authorities granted in this section may be exercised, and any requirements established under this section may be satisfied, for the 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 - “(ii) does not have adequate funding to make substantial progress toward the completion of the planning activities for the water resource project. - “(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. - “(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. - “(d) Water resources project review process—The Secretary shall develop and implement a coordinated review process for the development of water resources projects. - “(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. - “(1) have jurisdiction over the project;“(d) Water resource project review process - “(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. - “(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. - “(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. - “(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— - “(2) are required to conduct or issue a review, analysis, or opinion for “(1) have jurisdiction over the project; orwater resource project; - “(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 - “(3) be required to make a determination on issuing a permit, license, or approval for the water resource project. - “(f) State authority—If the coordinated review process is being implemented under this section by the Secretary with respect to the planning of a water resource project described in subsection (c) within the boundaries of a State, the State, consistent with State law, may choose to participate in the process and to make subject to the process all State agencies that— - “(1) have jurisdiction over the water resource project; - “(2) are required to conduct or issue a review, analysis, or opinion for the water resource project; or - “(3) are required to make a determination on issuing a permit, license, or approval for the water resource project. - “(g) Lead agencies - “(1) Federal lead agency—Subject to paragraph (2), the Corps of Engineers shall be the lead Federal agency in the environmental review process for a water resource project. - “(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 - “(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. - “(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— - “(i) may, with the concurrence of the Secretary, serve as a joint lead agency with the Corps of Engineers for purposes of preparing any environmental document under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and - “(ii) may prepare any environmental review process document under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) required in support of any action or approval by the Secretary if— - “(I) the Secretary provides guidance in the preparation process and independently evaluates that document - “(II) the non-Federal interest complies with all requirements applicable to the Secretary under— - “(aa) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); - “(bb) any regulation implementing that Act; and - “(cc) any other applicable Federal law; and - “(III) the Secretary approves and adopts the document before the Secretary takes any subsequent action or makes any approval based on that document, regardless of whether the action or approval of the Secretary results in Federal funding. - “(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 - “(ii) may prepare any environmental review process document required in support of any action or approval by the Secretary if— - “(I) the Corps of Engineers provides guidance in the preparation process and independently evaluates that document; and - “(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 - “(B) any environmental document prepared by the non-Federal interest is appropriately supplemented under paragraph (2)(B) to address any changes to the water resource project the Secretary determines are necessary. - “(4) Adoption and use of documents—Any environmental document prepared in accordance with this subsection may be adopted or used by any Federal agency making any approval to the same extent that the Federal agency could adopt or use a document prepared by another Federal agency under— - “(A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and - “(B) parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regulations). - “(5) Roles and responsibility of lead agency—With respect to the environmental review process for any water resource project, the lead agency shall have authority and responsibility— - “(A) to take such actions as are necessary and proper and within the authority and responsibility of the lead agency to facilitate the expeditious resolution of the environmental review process for the water resource project; and - “(B) to prepare or ensure that any required environmental impact statement or other environmental review document for a water resource project required to be completed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is completed in accordance with this section and applicable Federal law. - “(h) Participating and cooperating agencies - “(B) any environmental document prepared by the non-Federal interest is appropriately supplemented if changes to the water resources project become necessary. - “(4) Adoption and use of documents—Any environmental document prepared in accordance with this subsection may be adopted or used by any Federal agency making any approval to the same extent that the Federal agency could adopt or use a document prepared by another Federal agency. - “(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— - “(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 - “(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. - “(h) Participating agencies - “(1) Invitation - “(A) In general—The lead agency shall identify, as early as practicable in the environmental review process for a water resource project, any other Federal or non-Federal agencies that may have an interest in that project and invite those agencies to become participating or cooperating agencies, as applicable, in the environmental review process for the water resource project. - “(B) Procedures—Section 1501.6 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the Water Resources Development Act of 2013) shall govern the identification and the participation of a cooperating agency under subparagraph (A). - “(C) Deadline—An invitation to participate issued under subparagraph (A) shall set a deadline by which a response to the invitation shall be submitted, which may be extended by the lead agency for good cause. - “(2) Federal cooperating agencies—Any Federal agency that is invited by the lead agency to participate in the environmental review process for a water resource project shall be designated as a cooperating agency by the lead agency unless the invited agency informs the lead agency, in writing, by the deadline specified in the invitation that the invited agency— - “(A) - “(i) has no jurisdiction or authority with respect to the water resource project; - “(ii) has no expertise or information relevant to the water resource project; or - “(iii) does not have adequate funds to participate in the water resource project; and - “(B) does not intend to submit comments on the water resource project. - “(3) Effect of designation—Designation as a participating or cooperating agency under this subsection shall not imply that the participating or cooperating agency— - “(A) supports a proposed water resource project; or - “(B) has any jurisdiction over, or special expertise with respect to evaluation of, the water resource project. - “(4) Concurrent reviews—Each cooperating agency shall— - “(A) 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. - “(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. - “(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— - “(A) has no jurisdiction or authority with respect to the water resources project; - “(B) has no expertise or information relevant to the water resources project; - “(C) does not intend to submit comments on the water resources project; and - “(D) does not have adequate funds to participate in the water resources project. - “(3) Effect of designation—Designation as a participating agency under this subsection shall not imply that the participating agency— - “(A) supports a proposed water resources project; or - “(B) has any jurisdiction over, or special expertise with respect to evaluation of, the water resources project. - “(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 - “(1) In general—The Secretary shall issue guidance regarding the use of programmatic approaches to carry out the environmental review process that— - “(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; - “(C) establishes a formal process for coordinating with cooperating agencies, including the creation of a list of all data that is needed to carry out an environmental review process; and - “(D) complies with— - “(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 - “(D) is consistent with— - “(i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and - “(ii) all other applicable laws. - “(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 - “(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. - “(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)). - “(2) Comment deadlines—The lead agency shall establish the following deadlines for comment during the environmental review process for a water resource project: - “(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— - “(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 - “(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. - “(B) Other environmental review processes—For all comment periods established by the lead agency for agency or public comments in the environmental review process of an action within a program under the authority of the lead agency other than for a draft environmental impact statement, a period of not more than 30 days after the date on which the materials on which comment is requested are made available, unless— - “(i) a different deadline is established by agreement of the lead agency, the non-Federal interest, and all cooperating agencies; or - “(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— - “(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— - “(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 - “(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. - “(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). - “(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 - “(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. - “(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 - “(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. - “(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. - “(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. - “(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 - “(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. - “(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 - “(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. - “(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— - “(I) the responsibilities of cooperating agencies under applicable laws; - “(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; - “(III) the overall size and complexity of the water resource project; - “(IV) the overall schedule for and cost of the water resource project; and - “(V) the sensitivity of the natural and historical resources that could be affected by the water resource project. - “(III) the overall size and complexity of the project; - “(IV) the overall schedule for and cost of the project; and - “(V) the sensitivity of the natural and historical resources that could be affected by the project. - “(iii) Modifications—The Secretary may— - “(I) lengthen a schedule under clause (i) for good cause; and - “(II) shorten a schedule only with concurrence of the affected non-Federal interest, joint lead agency, or relevant Federal and State agencies, as applicable. - “(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. - “(5) Accelerated issue resolution and elevation - “(5) Accelerated issue resolution and referral - “(A) Agency issue resolution meeting - “(i) In general—A cooperating agency or non-Federal interest may request an issue resolution meeting to be conducted by the Secretary. - “(ii) Action by Secretary—The Secretary shall convene an issue resolution meeting under clause (i) with the relevant cooperating agencies and the non-Federal interest, as applicable, to resolve issues that could— - “(i) In general—A participating agency or non-Federal interest may request an issue resolution meeting to be conducted by the Secretary. - “(ii) Action by Secretary—The Secretary shall convene an issue resolution meeting under clause (i) with the relevant participating agencies and the non-Federal interest, as applicable, to resolve issues that could— - “(I) delay completion of the environmental review process; or - “(II) conflict with the ability of a cooperating agency to carry out applicable Federal laws (including regulations). - “(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. - “(iv) Notification—On receipt of a request for a meeting under this subparagraph, the Secretary shall notify all relevant cooperating agencies of the request, including the issue to be resolved and the date for the meeting. - “(v) Disputes—If a relevant cooperating agency with jurisdiction over an action, including a permit approval, review, or other statement or opinion required for a water resource project under applicable law determines that the relevant information necessary to resolve the issue has not been obtained and could not have been obtained within a reasonable time, but the Secretary disagrees, the resolution of the dispute shall be forwarded to the heads of the relevant agencies for resolution. - “(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. - “(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— - “(aa) notifies, with a supporting explanation, the lead agency, cooperating agencies, and non-Federal interest, as applicable, that— - “(AA) the agency has not received necessary information or approvals from another entity in a manner that affects the ability of the agency to meet any requirements under Federal, tribal, State, or local law; - “(BB) significant new information, including from public comments, or circumstances, including a major modification to an aspect of the water resource project, requires additional analysis for the agency to make a decision on the water resource project application; or - “(CC) the agency lacks the financial resources to complete the review under the scheduled time frame, including a description of the number of full-time employees required to complete the review, the amount of funding required to complete the review, and a justification as to why there is not enough funding available to complete the review by the deadline; and - “(aa) certifies that— - “(AA) the agency has not received necessary information or approvals from another entity in a manner that affects the ability of the agency to meet any requirements under Federal, State, or local law; - “(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 - “(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 - “(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. - “(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. - “(C) Submission of issue resolution - “(i) Submission to Council on Environmental Quality - “(I) In general—If a resolution is not achieved by not later than 30 days after the date on which an issue resolution meeting is held under subparagraph (B), the Secretary shall submit the matter to the Council on Environmental Quality. - “(II) Meeting—Not later than 30 days after the date on which the Council on Environmental Quality receives a submission from the Secretary under subclause (I), the Council on Environmental Quality shall hold an issue resolution meeting with the lead agency, the heads of relevant cooperating agencies and the non-Federal interest. - “(III) Additional hearings—The Council on Environmental Quality may hold public meetings or hearings to obtain additional views and information that the Council on Environmental Quality determines are necessary, consistent with the time frames described in this paragraph. - “(ii) Remedies—Not later than 30 days after the date on which an issue resolution meeting is convened by the Council on Environmental Quality under clause (i)(II), the Secretary shall— - “(I) publish findings that explain how the issue was resolved and recommendations (including, where appropriate, a finding that the submission does not support the position of the submitting agency); or - “(II) if the resolution of the issue was not achieved, submit to the President for action— - “(aa) the submission; - “(bb) any views or additional information developed during any additional hearings under clause (i)(III); and - “(cc) the recommendation of the Council on Environmental Quality. - “(C) Referral of issue resolution - “(i) Referral to council on environmental quality - “(I) In general—If a resolution is not achieved by not later than 30 days after the date on which an issue resolution meeting is held under subparagraph (B), the Secretary shall refer the matter to the Council on Environmental Quality. - “(II) Meeting—Not later than 30 days after the date on which the Council on Environmental Quality receives a 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. - “(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 - “(A) In general—A Federal jurisdictional agency shall complete any required approval or decision on an expeditious basis using the shortest existing applicable process. - “(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 - “(i) In general—If a Federal jurisdictional agency fails to render a decision under any Federal law relating to a water resource project that requires the preparation of an environmental impact statement or environmental assessment, including the issuance or denial of a permit, license, statement, opinion, or other approval by the date described in clause (ii), the amount of funds made available to support the office of the head of the Federal jurisdictional agency shall be reduced by an amount of funding equal to the amounts specified in subclause (I) or (II) and those funds shall be made available to the division of the Federal jurisdictional agency charged with rendering the decision by not later than 1 day after the applicable date under clause (ii), and once each week thereafter until a final decision is rendered, subject to subparagraph (C)— - “(I) $20,000 for any water resource project requiring the preparation of an environmental assessment or environmental impact statement; or - “(II) $10,000 for any water resource project requiring any type of review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) other than an environmental assessment or environmental impact statement. - “(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)— - “(I) $20,000 for any project requiring the preparation of an environmental assessment or environmental impact statement; or - “(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 - “(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.). - “(II) the date that is 180 days after the date on which the Federal lead agency issues a decision on the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). - “(C) Limitations - “(i) In general—No transfer of funds under subparagraph (B) relating to an individual 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. - “(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. - “(iii) Aggregate—Notwithstanding any other provision of law, for each fiscal year, the aggregate amount of financial penalties assessed against each applicable agency office under title II of the Water Resources Development Act of 2013 and any other Federal law as a result of a failure of the agency to make a decision by an applicable deadline for environmental review, including the total amount transferred under this paragraph, shall not exceed an amount equal to 9.5 percent of the funds made available for the agency office for that fiscal year. - “(D) No fault of agency - “(i) In general—A transfer of funds under this paragraph shall not be made if the applicable agency described in subparagraph (A) notifies, with a supporting explanation, the lead agency, cooperating agencies, and non-Federal interest, as applicable, that— - “(I) the agency has not received necessary information or approvals from another entity in a manner that affects the ability of the agency to meet any requirements under Federal, State, or local law; - “(II) significant new information, including from public comments, or circumstances, including a major modification to an aspect of the water resource project, requires additional analysis for the agency to make a decision on the water resource project application; or - “(III) the agency lacks the financial resources to complete the review under the scheduled time frame, including a description of the number of full-time employees required to complete the review, the amount of funding required to complete the review, and a justification as to why there is not enough funding available to complete the review by the deadline. - “(ii) Lack of financial resources—If the agency provides notice under clause (i)(III), the Inspector General of the agency shall— - “(I) conduct a financial audit to review the notice; and - “(II) not later than 90 days after the date on which the review described in subclause (I) is completed, submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the notice. - “(D) No fault of agency—A transfer of funds under this paragraph shall not be made if— - “(i) the applicable agency described in subparagraph (A) certifies that— - “(I) the agency has not received necessary information or approvals from another entity in a manner that affects the ability of the agency to meet any requirements under Federal, State, or local law; or - “(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 - “(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 - “(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. - “(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. - “(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— - “(i) conduct an audit to assess compliance with the requirements of this paragraph; and - “(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. - “(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— - “(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 - “(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. - “(3) Memorandum of agency agreement—If requested at any time by a State or non-Federal interest, the lead agency, in consultation with other Federal agencies with relevant jurisdiction in the environmental review process, may establish memoranda of agreement with the non-Federal interest, Indian tribe, State and local governments, and other appropriate entities to carry out the early coordination activities, including providing technical assistance in identifying potential impacts and mitigation issues in an integrated fashion. - “(n) Limitations—Nothing in this section preempts, supersedes, amends, modifies, repeals, or interferes with— - “(1) any statutory or regulatory requirement, including for seeking, considering, or responding to public comment; - “(2) any obligation to comply with the provisions any Federal law, including— - “(A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); - “(B) the regulations issued by the Council on Environmental Quality or any other Federal agency to carry out that Act; and - “(C) any other Federal environmental law; - “(3) the reviewability of any final Federal agency action in a court of the United States or in the court of any State; - “(4) any practice of seeking, considering, or responding to public comment; or - “(5) any power, jurisdiction, responsibility, duty, or authority that a Federal, State, or local governmental agency, Indian tribe, or non-Federal interest has with respect to carrying out a water resource project or any other provision of law applicable to water resource projects. - “(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. - “(n) Limitations—Nothing in this section preempts, supersedes, amends, modifies, or interferes with— - “(1) any statutory requirement for seeking public comment; - “(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; - “(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; - “(4) the reviewability of any final Federal agency action in a court of the United States or in the court of any State; - “(5) any practice of seeking, considering, or responding to public comment; or - “(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— - “(A) survey the use by the Corps of Engineers of categorical exclusions in water resource projects since 2005; - “(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— - “(i) the types of actions that were categorically excluded or could be the basis for developing a new categorical exclusion; and - “(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. - “(2) New categorical exclusions—Not later than 1 year after the date of enactment of this subsection, if the Secretary has identified a category of activities that merit establishing a categorical exclusion that did not exist on the day before the date of enactment of this subsection based on the review under paragraph (1), the Secretary shall publish a notice of proposed rulemaking to propose that new categorical exclusion, to the extent that the categorical exclusion meets the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (or successor regulation). - “(p) Review of water resource project acceleration reforms - “(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). - “(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 - “(ii) not later than 4 years after the date of enactment of this subsection, a final report of the findings. - “(q) Authorization—The authority provided by this section expires on the date that is 10 years after the date of enactment of this Act.” - “(ii) not later than 4 years after the date of enactment of this subsection, a final report of the findings.” ## Sec. 2036 Determination of project completion - (a) In general— The Secretary shall transfer to notify the non-Federal interest the responsibility for the operation and maintenance when construction of any a water resources project for which operation and maintenance is required of the non-Federal interest or separable element or a functional portion of that water resources project on such date that the Secretary determines that the project is complete.completed so the non-Federal interest may commence responsibilities, as applicable, for operating and maintaining the project. - (b) Non-Federal interest appeal of determination— - (1) In general— Not later than 7 days after receiving a notification under subparagraph (a), the non-Federal interest may appeal the completion determination of the Secretary in writing.writing with a detailed explanation of the basis for questioning the completeness of the project or functional portion of the project. - (2) Independent review— - (A) In general— On notification that a non-Federal interest has submitted an appeal under paragraph (1), the Secretary shall contract with 1 or more independent, non-Federal experts to determine evaluate whether the applicable water resources project or separable element or functional portion of the water resources project is complete. - (B) Timeline— An independent review carried out under subparagraph (A) shall be completed not later than 180 days after the date on which the Secretary receives an appeal from a non-Federal interest under paragraph (1). ## Sec. 2040 Emergency response to natural disasters - (a) In general— Section 5(a)(1) of the Act entitled “An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved August 18, 1941 (33 U.S.C. 701n(a)(1)), is amended in the first sentence by striking “structure damaged or destroyed by wind, wave, or water action of other than an ordinary nature when in the discretion of the Chief of Engineers such repair and restoration is warranted for the adequate functioning of the structure for hurricane or shore protection” and inserting “structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to the design level of protection when, in the discretion of the Chief of Engineers, such repair and restoration is warranted for the adequate functioning of the structure or project for hurricane or shore protection, subject to the condition that the Chief of Engineers may include modifications to the structure or project to address major deficiencies”.sentence— - (1) by inserting “and subject to the condition that the Chief of Engineers may include modifications to the structure or project” after “work for flood control”; and - (2) by striking “structure damaged or destroyed by wind, wave, or water action of other than an ordinary nature when in the discretion of the Chief of Engineers such repair and restoration is warranted for the adequate functioning of the structure for hurricane or shore protection” and inserting “structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to the design level of protection when, in the discretion of the Chief of Engineers, such repair and restoration is warranted for the adequate functioning of the structure or project for hurricane or shore protection, subject to the condition that the Chief of Engineers may include modifications to the structure or project to address major deficiencies or implement nonstructural alternatives to the repair or restoration of the structure if requested by the non-Federal sponsor”. - (b) Report— - (1) In general— Not later than 1 year after the date of enactment of this Act and every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report detailing the amounts expended in the previous 5 fiscal years to carry out Corps of Engineers projects under section 5 of the Act entitled “An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved August 18, 1941 (33 U.S.C. 701n). - (2) Inclusions— A report under paragraph (1) shall, at a minimum, include a description of— - (A) each structure, feature, or project for which amounts are expended, including the type of structure, feature, or project and cost of the project; work; and - (B) how the Secretary has restored repaired, restored, replaced, or modified each structure, feature, or project or intends to restore the structure, feature, or project to the design level of protection for the structure, feature, or project. ## Sec. 2043 National riverbank stabilization and erosion prevention study and pilot program - (a) Definition of inland and intracoastal waterway— In this section, the term inland and intracoastal waterway means the inland and intracoastal waterways of the United States described in section 206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804). - (b) Pilot program— The Secretary— - (1) is authorized to study issues relating to riverbank stabilization and erosion prevention along inland and intracoastal waterways; and - (2) shall establish and carry out for a period of 5 fiscal years a national riverbank stabilization and erosion prevention pilot program to address riverbank erosion along inland and intracoastal waterways. - (c) Study— - (1) In general— The Secretary, in consultation with appropriate Federal, State, local, and nongovernmental entities, shall carry out a study of the options and technologies available to prevent the erosion and degradation of riverbanks along inland and intracoastal waterways. - (2) Contents— The study shall— - (A) evaluate the nature and extent of the damages resulting from riverbank erosion along inland and intracoastal waterways throughout the United States; - (B) identify specific inland and intracoastal waterways and affected wetland areas with the most urgent need for restoration; - (C) analyze any legal requirements with regard to maintenance of bank lines of inland and intracoastal waterways, including a comparison of Federal, State, and private obligations and practices; - (D) assess and compare policies and management practices to protect surface areas adjacent to inland and intracoastal waterways applied by various Districts of the Corps of Engineers; and - (E) make any recommendations the Secretary determines to be appropriate. - (d) Riverbank stabilization and erosion prevention pilot program— - (1) In general— The Secretary shall develop a pilot program for the construction of riverbank stabilization and erosion prevention projects on public land along inland and intracoastal waterways if the Secretary determines that the projects are feasible technically feasible, environmentally acceptable, economically justified, and lower maintenance costs of those inland and intracoastal waterways. - (2) Pilot program goals— A project under the pilot program shall, to the maximum extent practicable— - (A) develop or demonstrate innovative technologies; - (B) implement efficient designs to prevent erosion at a riverbank site, taking into account the lifecycle cost of the design, including cleanup, maintenance, and amortization; - (C) prioritize natural designs, including the use of native and naturalized vegetation or temporary structures that minimize permanent structural alterations to the riverbank; - (D) avoid negative impacts to adjacent communities; - (E) identify the potential for long-term protection afforded by the innovative technology; and - (F) provide additional benefits, including reduction of flood risk. - (3) Project Selections— The Secretary shall develop criteria for the selection of projects under the pilot program, including criteria based on— - (A) the extent of damage and land loss resulting from riverbank erosion; - (B) the rate of erosion; - (C) the significant threat of future flood risk to public or private property, public infrastructure, or public safety; - (D) the destruction of natural resources or habitats; and - (E) the potential cost-savings for maintenance of the channel. - (4) Consultation— The Secretary shall carry out the pilot program in consultation with— - (A) Federal, State, and local governments; - (B) nongovernmental organizations; and - (C) applicable university research facilities. - (5) Report— Not later than 1 year after the first fiscal year for which amounts to carry out this section are appropriated, and every year thereafter, the Secretary shall prepare and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing— - (A) the activities carried out and accomplishments made under the pilot program since the previous report under this paragraph; and - (B) any recommendations of the Secretary relating to the program. - (e) Authorization of Appropriations— There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2014 through 2019. ## Sec. 2045 Prioritization of ecosystem restoration efforts - For authorized projects with a primary purpose of ecosystem restoration, the Secretary shall give funding priority to projects— - (1) that— - (A) address an identified threat to public health, safety, or welfare; - (B) preserve, establish, preserve or restore habitats ecosystems of national significance; andor - (C) preserve or restore habitats of importance for federally protected species, including migratory birds; and - (2) for which the restoration activities will contribute to other ongoing or planned Federal, State, or local restoration initiatives. ## Sec. 2049 Project deauthorizations - (a) In general— Section 1001(b) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)) is amended— - Section 1001(b) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)) is amended— - (1) [was (3)] by striking paragraph (2) and inserting the following: - “(2) List of projects - “(A) In general—Notwithstanding section 3003 of Public Law 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), each year, after the submission of the list under paragraph (1), the Secretary shall submit to Congress a list of projects or separable elements of projects that have been authorized but that have received no obligations during the 5 full fiscal years preceding the submission of that list. - “(B) Additional notification—On submission of the list under subparagraph (A) to Congress, the Secretary shall notify— - “(i) each Senator in whose State and each Member of the House of Representatives in whose district a project (including any part of a project) on that list would be located; and - “(ii) each applicable non-Federal interest associated with a project (including any part of a project) on that list. - “(C) Deauthorization—A project or separable element included in the list under subparagraph (A) is not authorized after the last date of the fiscal year following the fiscal year in which the list is submitted to Congress, if funding has not been obligated for the planning, design, or construction of the project or element of the project during that period.” - (2) [was (4)] by adding at the end the following: - “(3) Minimum funding list—At the end of each fiscal year, the Secretary shall submit to Congress a list of— - “(A) projects or separable elements of projects authorized for construction for which funding has been obligated in the 5 previous fiscal years; - “(B) the amount of funding obligated per fiscal year; - “(C) the current phase of each project or separable element of a project; and - “(D) the amount required to complete those phases. - “(4) Report - “(A) In general—Not later than 180 days after the date of enactment of the Water Resources Development Act of 2013, the Secretary shall compile and publish a complete list of all uncompleted, authorized projects of the Corps of Engineers, including for each project on that list— - “(i) the original budget authority for the project; - “(ii) the status of the project; - “(iii) the estimated date of completion of the project; - “(iv) the estimated cost of completion of the project; and - “(v) any amounts for the project that remain unobligated. - “(B) Publication - “(i) In general—The Secretary shall submit a copy of the list under subparagraph (A) to— - “(I) the appropriate committees of Congress; and - “(II) the Director of the Office of Management and Budget. - “(ii) Public availability—Not later than 30 days after providing the report to Congress under clause (i), the Secretary shall make a copy of the list available on a publicly accessible Internet site, in a manner that is downloadable, searchable, and sortable.” - (b) Infrastructure Deauthorization Commission— - (1) Purposes— The purposes of this subsection are— - (A) to establish a process for identifying authorized Corps of Engineers water resources projects that are no longer in the Federal interest and no longer feasible; - (B) to create a commission— - (i) to review suggested deauthorizations, including consideration of recommendations of the States and the Secretary for the deauthorization of water resources projects; and - (ii) to make recommendations to Congress; - (C) to ensure public participation and comment; and - (D) to provide oversight on any recommendations made to Congress by the Commission. - (2) Infrastructure deauthorization commission— - (A) Establishment— There is established an independent commission to be known as the “Infrastructure Deauthorization Commission” (referred to in this paragraph as the “Commission”). - (B) Duties— The Commission shall carry out the review and recommendation duties described in paragraph (5). - (C) Membership— - (i) In general— The Commission shall be composed of 8 members, who shall be appointed by the President, by and with the advice and consent of the Senate according to the expedited procedures described in clause (ii). - (ii) Expedited nomination procedures— - (I) Privileged nominations; information requested— On receipt by the Senate of a nomination under clause (i), the nomination shall— - (aa) be placed on the Executive Calendar under the heading “Privileged Nominations—Information Requested”; and - (bb) remain on the Executive Calendar under that heading until the Executive Clerk receives a written certification from the Chairman of the committee of jurisdiction under subclause (II). - (II) Questionnaires— The Chairman of the Committee on Environment and Public Works of the Senate shall notify the Executive Clerk in writing when the appropriate biographical and financial questionnaires have been received from an individual nominated for a position under clause (i). - (III) Privileged nominations; information received— On receipt of the certification under subclause (II), the nomination shall— - (aa) be placed on the Executive Calendar under the heading “Privileged Nomination—Information Received” and remain on the Executive Calendar under that heading for 10 session days; and - (bb) after the expiration of the period referred to in item (aa), be placed on the “Nominations” section of the Executive Calendar. - (IV) Referral to committee of jurisdiction— During the period when a nomination under clause (i) is listed under the “Privileged Nomination—Information Requested” section of the Executive Calendar described in subclause (I)(aa) or the “Privileged Nomination—Information Received” section of the Executive Calendar described in subclause (III)(aa)— - (aa) any Senator may request on his or her own behalf, or on the behalf of any identified Senator that the nomination be referred to the appropriate committee of jurisdiction; and - (bb) if a Senator makes a request described in paragraph item (aa), the nomination shall be referred to the appropriate committee of jurisdiction. - (V) Executive calendar— The Secretary of the Senate shall create the appropriate sections on the Executive Calendar to reflect and effectuate the requirements of this clause. - (VI) Committee justification for new executive positions— The report accompanying each bill or joint resolution of a public character reported by any committee shall contain an evaluation and justification made by that committee for the establishment in the measure being reported of any new position appointed by the President within an existing or new Federal entity. - (iii) Qualifications— Members of the Commission shall be knowledgeable about Corps of Engineers water resources projects. - (iv) Geographical diversity— To the maximum extent practicable, the members of the Commission shall be geographically diverse. - (D) Compensation of members— - (i) In general— Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. - (ii) Federal employees— All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. - (iii) Travel expenses— The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Commission. - (3) State water resources infrastructure plan— Not later than 2 years after the date of enactment of this Act, each State, in consultation with local interests, may develop and submit to the Commission, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives, a detailed statewide water resources plan that includes a list of each water resources project that the State recommends for deauthorization. - (4) Corps of Engineers infrastructure plan— Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Commission, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a detailed plan that— - (A) contains a detailed list of each water resources project that the Corps of Engineers recommends for deauthorization; and - (B) is based on assessment by the Secretary of the needs of the United States for water resources infrastructure, taking into account public safety, the economy, and the environment. - (5) Review and Recommendation Commission— - (A) In general— On the appointment and confirmation of all members of the Commission, the Commission shall solicit public comment on water resources infrastructure issues and priorities and recommendations for deauthorization, including by— - (i) holding public hearings throughout the United States; and - (ii) receiving written comments. - (B) Recommendations— - (i) In general— Not later than 4 years after the date of enactment of this Act, the Commission shall submit to Congress a list of water resources projects of the Corps of Engineers for deauthorization. - (ii) Considerations— In carrying out this paragraph, the Commission shall establish criteria for evaluating projects for deauthorization, which shall include consideration of— - (I) the infrastructure plans submitted by the States and the Secretary under paragraphs (3) and (4); - (II) any public comment received during the period described in subparagraph (A); - (III) public safety and security; - (IV) the environment; and - (V) the economy. - (C) Non-eligible projects— The following types of projects shall not be eligible for review for deauthorization by the Commission: - (i) Any project authorized after the date of enactment of the Water Resources Development Act of 1996 (Public Law 104–303; 110 Stat. 3658), including any project that has been reauthorized after that date. - (ii) Any project that, as of the date of enactment of this Act, is undergoing a review by the Corps of Engineers. - (iii) Any project that has received appropriations in the 10-year period ending on the date of enactment of this Act. - (iv) Any project that, on the date of enactment of this Act, is more than 50 percent complete. - (v) Any project that has a viable non-Federal sponsor. - (D) Congressional disapproval— Any water resources project recommended for deauthorization on the list submitted to Congress under subparagraph (B) shall be deemed to be deauthorized unless Congress passes a joint resolution disapproving of the entire list of deauthorized water resources projects prior to the date that is 180 days after the date on which the Commission submits the list to Congress. - (6) Application— For purposes of this subsection, water resources projects shall include environmental infrastructure assistance projects and programs of the Corps of Engineers. ## Sec. 2050 Reports to Congress - (a) In general— Subject to the availability of appropriations, the Secretary shall complete and submit to Congress by the applicable date required the reports that address public safety and enhanced local participation in project delivery described in subsection (b). - (b) Reports— The reports referred to in subsection (a) are the reports required under— - (1) section 2020; - (2) section 2022; - (3) section 2025; - (4) section 2026; - (5) section 2039; - (6) section 2040; - (7) section 6007; and - (8) section 10015. - (c) Failure to To provide a completed report— - (1) In general— Subject to subsection (d), if the Secretary fails to provide a report listed under subsection (b) by the date that is 180 days after the applicable date required for that report, $5,000 shall be reprogrammed from the Office General Expenses account of the Assistant Secretary civil works program of the Army for Civil Works Corps of Engineers into the account of the division of the Secretary of the Army Corps of Engineers with responsibility for completing that report. - (2) Subsequent reprogramming— Subject to subsection (d), for each additional week after the date described in paragraph (1) in which a report described in that paragraph remains uncompleted and unsubmitted to Congress, $5,000 shall be reprogrammed from the Office General Expenses account of the Assistant Secretary civil works program of the Army for Civil Works Corps of Engineers into the account of the division of the Secretary of the Army with responsibility for completing that report. - (d) Limitations— - (1) In general— For each report, the total amounts reprogrammed under subsection (c) shall not exceed, in any fiscal year, $50,000. - (2) Aggregate limitation— The total amount reprogrammed under subsection (c) in a fiscal year shall not exceed $200,000. - (e) No fault of the secretary— Amounts shall not be reprogrammed under subsection (c) if the Secretary certifies in a letter to the applicable committees of Congress that— - (1) a major modification has been made to the content of the report that requires additional analysis for the Secretary to make a final decision on the report; - (2) amounts have not been appropriated to the agency under this Act or any other Act to carry out the report; or - (3) additional information is required from an entity other than the Corps of Engineers and is not available in a timely manner to complete the report by the deadline. - (f) Limitation— The Secretary shall not reprogram funds to reimburse the Office of the Assistant Secretary of the Army for Civil Works for the loss of the funds. - (g) Authorization of appropriations— There is authorized to be appropriated to carry out this section $10,000,000. ## Sec. 2051 Indian Self-Determination and Education Assistance Act conforming amendment — added - Section 106(k) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450j–1(k)) is amended by adding at the end the following: - “(13) Interest payments, the retirement of principal, the costs of issuance, and the costs of insurance or a similar credit support for a debt financing instrument, the proceeds of which are used to support a contracted construction project.” ## Sec. 2052 Invasive species review — added - The Secretary, in consultation with the Director of the United States Fish and Wildlife Service, the Chairman of the Tennessee Valley Authority, and other applicable heads of Federal agencies, shall— - (1) carry out a review of existing Federal authorities relating to responding to invasive species, including aquatic weeds, aquatic snails, and other aquatic invasive species, that have an impact on water resources; and - (2) based on the review under paragraph (1), make any recommendations to Congress and applicable State agencies for improving Federal and State laws to more effectively respond to the threats posed by those invasive species. ## Sec. 2053 Wetlands conservation study — added - (a) In general— The Comptroller General of the United States shall carry out a study to identify all Federal programs relating to wetlands conservation. - (b) Report— The Comptroller General of the United States shall submit to Congress a report based on the study under subsection (a) describing options for maximizing wetlands conservation benefits while reducing redundancy, increasing efficiencies, and reducing costs. ## Sec. 2054 Dam modification study — added - (a) In general— The Comptroller General of the United States shall, in consultation with the Corps of Engineers, the Southeastern Power Administration, Federal hydropower customers, downstream communities, and other stakeholders, carry out a study to evaluate the structural modifications made at Federal dams in the Cumberland River Basin beginning on January 1, 2000. - (b) Contents— The study under subsection (a) shall examine— - (1) whether structural modifications at each dam have utilized new state-of-the-art design criteria deemed necessary for safety purposes that have not been used in other circumstances; - (2) whether structural modifications at each dam for downstream safety were executed in accordance with construction criteria that had changed from the original construction criteria; - (3) whether structural modifications at each dam assured safety; - (4) any estimates by the Corps of Engineers of consequences of total dam failure if state-of-the-art construction criteria deemed necessary for safety purposes were not employed; and - (5) whether changes in underlying geology at any of the Federal dams in the Cumberland River Basin required structural modifications to assure dam safety. - (c) Report— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report based on the study under subsection (a) with findings on whether, with respect to structural modifications at Federal dams in the Cumberland River Basin, the Corps of Engineers has selected and implemented design criteria that rely on state-of-the-art design and construction criteria that will provide for the safety of downstream communities. ## Sec. 2055 Non-Federal plans to provide additional flood risk reduction — added - (a) In general— If requested by a non-Federal interest, the Secretary shall construct a locally preferred plan that provides a higher level of protection than a flood risk management project authorized under this Act if the Secretary determines that— - (1) the plan is technically feasible and environmentally acceptable; and - (2) the benefits of the plan exceed the costs of the plan. - (b) Non-Federal cost share— If the Secretary constructs a locally preferred plan under subsection (a), the Federal share of the cost of the project shall be not greater than the share as provided by law for elements of the national economic development plan. ## Sec. 2056 Mississippi River forecasting improvements — added - (a) In general— The Secretary, in consultation with the Secretary of the department in which the Coast Guard is operating, the Director of the United States Geological Survey, the Administrator of the National Oceanic and Atmospheric Administration, and the Director of the National Weather Service, as applicable, shall improve forecasting on the Mississippi River by— - (1) updating forecasting technology deployed on the Mississippi River and its tributaries through— - (A) the construction of additional automated river gages; - (B) the rehabilitation of existing automated and manual river gages; and - (C) the replacement of manual river gages with automated gages, as the Secretary determines to be necessary; - (2) constructing additional sedimentation ranges on the Mississippi River and its tributaries; and - (3) deploying additional automatic identification system base stations at river gage sites. - (b) Prioritization— In carrying out this section, the Secretary shall prioritize the sections of the Mississippi River on which additional and more reliable information would have the greatest impact on maintaining navigation on the Mississippi River. - (c) Report— Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report on the activities carried out by the Secretary under this section. ## Sec. 2057 Flexibility in maintaining navigation — added - (a) In general— If the Secretary, in consultation with the Secretary of the department in which the Coast Guard is operating, determines it to be critical to maintaining safe and reliable navigation within the authorized Federal navigation channel on the Mississippi River, the Secretary may carry out only those activities outside the authorized Federal navigation channel along the Mississippi River, including the construction and operation of maintenance of fleeting areas, that are necessary for safe and reliable navigation in the Federal channel. - (b) Report— Not later than 60 days after initiating an activity under this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes— - (1) a description of the activities undertaken, including the costs associated with the activities; and - (2) a comprehensive description of how the activities are necessary for maintaining safe and reliable navigation of the Federal channel. ## Sec. 2058 Restricted areas at Corps of Engineers dams — added - (a) Definitions— In this section: - (1) Restricted area— The term restricted area means a restricted area for hazardous waters at dams and other civil works structures in the Cumberland River basin established pursuant to chapter 10 of the regulation entitled “Project Operations: Navigation and Dredging Operations and Maintenance Policies”, published by the Corps of Engineers on November 29, 1996, and any related regulations or guidance. - (2) State— The term State means the applicable agency of the State (including an official of that agency) in which the applicable dam is located that is responsible for enforcing boater safety. - (b) Restriction on physical barriers— Subject to subsection (c), the Secretary, acting through the Chief of Engineers, in the establishing and enforcing restricted areas, shall not take any action to establish a permanent physical barrier to prevent public access to waters downstream of a dam owned by the Corps of Engineers. - (c) Exclusions— For purposes of this section, the installation and maintenance of measures for alerting the public of hazardous water conditions and restricted areas, including sirens, strobe lights, and signage, shall not be considered to be a permanent physical barrier under subsection (b). - (d) Enforcement— - (1) In general— Enforcement of a restricted area shall be the sole responsibility of a State. - (2) Existing authorities— The Secretary shall not assess any penalty for entrance into a restricted area under section 4 of the Act entitled “An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved December 22, 1944 (16 U.S.C. 460d). - (e) Development or modification of restricted areas— In establishing a new restricted area or modifying an existing restricted area, the Secretary shall— - (1) ensure that any restrictions are based on operational conditions that create hazardous waters; and - (2) publish a draft describing the restricted area and seek and consider public comment on that draft prior to establishing or modifying any restricted area. - (f) Effective date— - (1) In general— Subject to paragraph (2), this section shall apply to the establishment of a new restricted area or the modification of an existing restricted area on or after August 1, 2012. - (2) Existing restrictions— If the Secretary, acting through the Chief of Engineers, has established a new restricted area or modified an existing restricted area during the period beginning on August 1, 2012, and ending on the date of enactment of this Act, the Secretary shall— - (A) cease implementing the restricted area until the later of— - (i) such time as the restricted area meets the requirements of this section; and - (ii) the date that is 2 years after the date of enactment of this Act; and - (B) remove any permanent physical barriers constructed in connection with the restricted area. ## Sec. 2059 Maximum cost of projects — added - Section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280) is amended— - (1) by striking “In order to” and inserting the following: - “(a) In general—In order to” - (2) by adding at the end the following: - “(b) Contributed funds—Nothing in this section affects the authority of the Secretary to complete construction of a water resources development project using funds contributed under section 5 of the Act of June 22, 1936 (33 U.S.C. 701h).” ## Sec. 2060 Donald G. Waldon Lock and Dam — added - (a) Findings— Congress finds that— - (1) the Tennessee-Tombigbee Waterway Development Authority is a 4-State compact comprised of the States of Alabama, Kentucky, Mississippi, and Tennessee; - (2) the Tennessee-Tombigbee Authority is the regional non-Federal sponsor of the Tennessee-Tombigbee Waterway; - (3) the Tennessee-Tombigbee Waterway, completed in 1984, has fueled growth in the United States economy by reducing transportation costs and encouraging economic development; and - (4) the selfless determination and tireless work of Donald G. Waldon, while serving as administrator of the waterway compact for 21 years, contributed greatly to the realization and success of the Tennessee-Tombigbee Waterway. - (b) Sense of Congress— It is the sense of Congress that, at an appropriate time and in accordance with the rules of the House of Representatives and the Senate, the lock and dam located at mile 357.5 on the Tennessee-Tombigbee Waterway should be known and designated as the “Donald G. Waldon Lock and Dam”. ## Sec. 2061 Improving planning and administration of water supply storage — added - (a) In general— The Secretary shall carry out activities to enable non-Federal interests to anticipate and accurately budget for annual operations and maintenance costs and, as applicable, repair, rehabilitation, and replacements costs, including through— - (1) the formulation by the Secretary of a uniform billing statement format for those storage agreements relating to operations and maintenance costs, and as applicable, repair, rehabilitation, and replacement costs, incurred by the Secretary, which, at a minimum, shall include— - (A) a detailed description of the activities carried out relating to the water supply aspects of the project; - (B) a clear explanation of why and how those activities relate to the water supply aspects of the project; and - (C) a detailed accounting of the cost of carrying out those activities; and - (2) a review by the Secretary of the regulations and guidance of the Corps of Engineers relating to criteria and methods for the equitable distribution of joint project costs across project purposes in order to ensure consistency in the calculation of the appropriate share of joint project costs allocable to the water supply purpose. - (b) Report to Congress— - (1) In general— Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report on the findings of the reviews carried out under subsection (a)(2) and any subsequent actions taken by the Secretary relating to those reviews. - (2) Inclusions— The report under paragraph (1) shall include an analysis of the feasibility and costs associated with the provision by the Secretary to each non-Federal interest of not less than 1 statement each year that details for each water storage agreement with non-Federal interests at Corps of Engineers projects the estimated amount of the operations and maintenance costs and, as applicable, the estimated amount of the repair, rehabilitation, and replacement costs, for which the non-Federal interest will be responsible in that fiscal year. - (3) Extension— The Secretary may delay the submission of the report under paragraph (1) for a period not to exceed 180 days after the deadline described in paragraph (1), subject to the condition that the Secretary submits a preliminary progress report to Congress not later than 1 year after the date of enactment of this Act. ## Sec. 2062 Crediting authority for Federally authorized navigation projects — added - A non-Federal interest for a navigation project may carry out operation and maintenance activities for that project subject to all applicable requirements that would apply to the Secretary carrying out such operations and maintenance, and may receive credit for the costs incurred by the non-Federal interest in carrying out such activities towards that non-Federal interest's share of construction costs for a federally authorized element of the same project or another federally authorized navigation project, except that in no instance may such credit exceed 20 percent of the costs associated with construction of the general navigation features of the project for which such credit may be received pursuant to this section. ## Sec. 2063 River basin commissions — added - Section 5019 of the Water Resources Development Act of 2007 (121 Stat. 1201) is amended by striking subsection (b) and inserting the following: - “(b) Authorization To allocate - “(1) In general—Subject to paragraph (2), the Secretary shall allocate funds from the General Expenses account of the civil works program of the Army Corps of Engineers to the Susquehanna River Basin Commission, Delaware River Basin Commission, and the Interstate Commission on the Potomac River Basin to fulfill the equitable funding requirements of the respective interstate compacts on an annual basis and in amounts equal to the amount determined by Commission in accordance with the respective interstate compact. - “(2) Limitation—Not more than 1.5 percent of funds from the General Expenses account of the civil works program of the Army Corps of Engineers may be allocated in carrying out paragraph (1) for any fiscal year. - “(3) Report—For any fiscal year in which funds are not allocated in accordance with paragraph (1), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes— - “(A) the reasons why the Corps of Engineers chose not to allocate funds in accordance with that paragraph; and - “(B) the impact of the decision not to allocate funds on water supply allocation, water quality protection, regulatory review and permitting, water conservation, watershed planning, drought management, flood loss reduction, and recreation in each area of jurisdiction of the respective Commission.” ## Sec. 2064 Restriction on charges for certain surplus water — added - (a) In general— No fee for surplus water shall be charged under a contract for surplus water if the contract is for surplus water stored on the Missouri River. - (b) Offset— Of the amounts previously made available for “Corps of Engineers–Civil, Department of the Army, Operations and Maintenance” that remain unobligated as of the effective date of this Act, $5,000,000 is hereby rescinded. - (c) None of the funds under subsection (b) may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. ## Sec. 3004 Hurricane and storm damage reduction study - With respect to the study for flood and storm damage reduction related to natural disasters to by carried out by the Secretary and authorized under the heading “Investigations” under title II of division A of Public Law 113–2, the Secretary shall include, to the maximum extent practicable, include specific project recommendations in the report developed for that study. ## Sec. 3006 Project deauthorizations - (a) Goose Creek, Somerset County, Maryland— The project for navigation, Goose Creek, Somerset County, Maryland, carried out pursuant to section 107 of the Rivers and Harbor Act of 1960 (33 U.S.C. 577), is realigned as follows: Beginning at Goose Creek Channel Geometry Centerline of the 60-foot-wide main navigational ship channel, Centerline Station No. 0+00, coordinates North 157851.80, East 1636954.70, as stated and depicted on the Condition Survey Goose Creek, Sheet 1 of 1, prepared by the United States Army Corps of Engineers, Baltimore District, July 2003; thence departing the aforementioned centerline traveling the following courses and distances: S. 64 degrees 49 minutes 06 seconds E., 1583.82 feet to a point, on the outline of said 60-foot-wide channel thence binding on said out-line the following four courses and distances: S. 63 degrees 26 minutes 06 seconds E., 1460.05 feet to a point, thence; N. 50 degrees 38 minutes 26 seconds E., 973.28 feet to a point, thence; N. 26 degrees 13 minutes 09 seconds W., 240.39 feet to a point on the Left Toe of the 60-foot-wide main navigational channel at computed Centerline Station No. 42+57.54, coordinates North 157357.84, East 1640340.23. Geometry Left Toe of the 60-foot-wide main navigational ship channel, Left Toe Station No. 0+00, coordinates North 157879.00, East 1636967.40, as stated and depicted on the Condition Survey Goose Creek, Sheet 1 of 1, prepared by the United States Army Corps of Engineers, Baltimore District, August 2010; thence departing the aforementioned centerline traveling the following courses and distances: S. 64 degrees 49 minutes 12 seconds E., 1583.91 feet to a point, on the outline of said 60-foot-wide channel thence binding on said out-line the following eight courses and distances: S. 63 degrees 25 minutes 38 seconds E., 1366.25 feet to a point, thence; N. 83 degrees 36 minutes 24 seconds E., 125.85 feet to a point, thence; N. 50 degrees 38 minutes 26 seconds E., 805.19 feet to a point, thence; N. 12 degrees 12 minutes 29 seconds E., 78.33 feet to a point thence; N. 26 degrees 13 minutes 28 seconds W., 46.66 feet to a point thence; S. 63 degrees 45 minutes 41 seconds W., 54.96 feet to a point thence; N. 26 degrees 13 minutes 24 seconds W., 119.94 feet to a point on the Left Toe of the 60-foot-wide main navigational channel at computed Centerline Station No. 41+81.10, coordinates North 157320.30, East 1640264.00. Geometry Right Toe of the 60-foot-wide main navigational ship channel, Right Toe Station No. 0+00, coordinates North 157824.70, East 1636941.90, as stated and depicted on the Condition Survey Goose Creek, Sheet 1 of 1, prepared by the United States Army Corps of Engineers, Baltimore District, August 2010; thence departing the aforementioned centerline traveling the following courses and distances: S. 64 degrees 49 minutes 06 seconds E., 1583.82 feet to a point, on the outline of said 60-foot-wide channel thence binding on said out-line the following six courses and distances: S. 63 degrees 25 minutes 47 seconds E., 1478.79 feet to a point, thence; N. 50 degrees 38 minutes 26 seconds E., 1016.69 feet to a point, thence; N. 26 degrees 14 minutes 49 seconds W., 144.26 feet to a point, thence; N. 63 degrees 54 minutes 03 seconds E., 55.01 feet to a point thence; N. 26 degrees 12 minutes 08 seconds W., 120.03 feet to a point a point on the Right Toe of the 60-foot-wide main navigational channel at computed Centerline Station No. 43+98.61, coordinates North 157395.40, East 1640416.50. - (b) Lower Thoroughfare, Deal Island, Maryland— Beginning on the date of enactment of this Act, the Secretary is no longer authorized to carry out the portion of the project for navigation, Lower Thoroughfare, Maryland, authorized by the Act of June 25, 1910 (36 Stat. 630, chapter 382) (commonly known as the “River and Harbor Act of 1910”), that begins at Lower Thoroughfare Channel Geometry Centerline of the 60-foot-wide main navigational ship channel, Centerline Station No. 44+88, coordinates North 170435.62, East 1614588.93, as stated and depicted on the Condition Survey Lower Thoroughfare, Deal Island, Sheet 1 of 3, prepared by the United States Army Corps of Engineers, Baltimore District, August 2010; thence departing the aforementioned centerline traveling the following courses and distances: S. 42 degrees 20 minutes 44 seconds W., 30.00 feet to a point, on the outline of said 60-foot-wide channel thence binding on said out-line the following four courses and distances: N. 64 degrees 08 minutes 55 seconds W., 53.85 feet to a point, thence; N. 42 degrees 20 minutes 43 seconds W., 250.08 feet to a point, thence; N. 47 degrees 39 minutes 03 seconds E., 20.00 feet to a point, thence; S. 42 degrees 20 minutes 44 seconds E., 300.07 feet to a point binding on the Left Toe of the 60-foot-wide main navigational channel at computed Centerline Station No. 43+92.67, coordinates North 170415.41, 1614566.76; thence; continuing with the aforementioned centerline the following courses and distances: S. 42 degrees 20 minutes 42 seconds W., 30.00 feet to a point, on the outline of said 60-foot-wide channel thence binding on said out-line the following four courses and distances: N. 20 degrees 32 minutes 06 seconds W., 53.85 feet to a point, thence; N. 42 degrees 20 minutes 49 seconds W., 250.08 feet to a point, thence; S. 47 degrees 39 minutes 03 seconds W., 20.00 feet to a point, thence; S. 42 degrees 20 minutes 46 seconds E., 300.08 feet to a point binding on the Left Toe of the 60-foot-wide main navigational channel at computed Centerline Station No. 43+92.67, coordinates North 170415.41, 1614566.76. - (c) Thomaston Harbor, Georges River, Maine— Beginning on the date of enactment of this Act, the Secretary is no longer authorized to carry out the portion of the project for navigation, Georges River, Maine (Thomaston Harbor), authorized by the first section of the Act of June 3, 1896 (29 Stat. 215, chapter 314), and modified by section 317 of the Water Resources Development Act of 2000 (Public Law 106–541; 114 Stat. 2604), that lies northwesterly of a line commencing at point N87,220.51, E321,065.80 thence running northeasterly about 125 feet to a point N87,338.71, E321,106.46. - (d) Warwick Cove, Rhode Island— Beginning on the date of enactment of this Act, the Secretary is no longer authorized to carry out the portion of the project for navigation, Warwick Cove, Rhode Island, authorized by section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577) that is located within the 5 acre anchorage area east of the channel and lying east of the line beginning at a point with coordinates N220,349.79, E357,664.90 thence running north 9 degrees 10 minutes 21.5 seconds west 170.38 feet to a point N220,517.99, E357,637.74 thence running north 17 degrees 44 minutes 30.4 seconds west 165.98 feet to a point N220,676.08, E357,587.16 thence running north 0 degrees 46 minutes 0.9 seconds east 138.96 feet to a point N220,815.03, E357,589.02 thence running north 8 degrees 36 minutes 22.9 seconds east 101.57 feet to a point N220,915.46, E357,604.22 thence running north 18 degrees 18 minutes 27.3 seconds east 168.20 feet to a point N221,075.14, E357,657.05 thence running north 34 degrees 42 minutes 7.2 seconds east 106.4 feet to a point N221,162.62, E357,717.63 thence running south 29 degrees 14 minutes 17.4 seconds east 26.79 feet to a point N221,139.24, E357,730.71 thence running south 30 degrees 45 minutes 30.5 seconds west 230.46 feet to a point N220,941.20, E357,612.85 thence running south 10 degrees 49 minutes 12.0 seconds west 95.46 feet to a point N220,847.44, E357,594.93 thence running south 9 degrees 13 minutes 44.5 seconds east 491.68 feet to a point N220,362.12, E357,673.79 thence running south 35 degrees 47 minutes 19.4 seconds west 15.20 feet to the point of origin. - (e) Clatsop County Diking District No. 10, Karlson Island, Oregon— Beginning on the date of enactment of this Act, the Secretary is no longer authorized to carry out the Diking District No. 10, Karlson Island portion of the project for raising and improving existing levees in Clatsop County, Oregon, authorized by section 5 of the Act of June 22, 1936 (33 U.S.C. 701h). - (f) Numberg Dike No. 34 leveed area, Clatsop County Diking District No. 13, Clatsop County, Oregon (Walluski-Youngs)— Beginning on the date of enactment of this Act, the Secretary is no longer authorized to carry out the Numberg Dike No. 34 leveed area, Clatsop County Diking District, No. 13, Walluski River and Youngs River dikes, portion of the project for raising and improving existing levees in Clatsop County, Oregon, authorized by section 5 of the Act of June 22, 1936 (33 U.S.C. 701h). - (g) Port of Hood River, Oregon— - (1) Extinguishment of portions of existing flowage easement— With respect to the properties described in paragraph (2), beginning on the date of enactment of this Act, the flowage easement identified as Tract 1200E–6 on the Easement Deed recorded as Instrument No. 740320 is extinguished above elevation 79.39 feet (NGVD 29) the Ordinary High Water Line. - (2) Affected properties— The properties referred to in paragraph (1), as recorded in Hood River County, Oregon, are as follows: - (A) Instrument Number 2010–1235 - (B) Instrument Number 2010–02366. - (C) Instrument Number 2010–02367. - (D) Parcel 2 of Partition Plat #2011–12P. - (E) Parcel 1 of Partition Plat 2005–26P. - (3) Federal liabilities; cultural, environmental, and other regulatory reviews— - (A) Federal liability— The United States shall not be liable for any injury caused by the extinguishment of the easement under this subsection. - (B) Cultural and environmental regulatory actions— Nothing in this subsection establishes any cultural or environmental regulation relating to the properties described in paragraph (2). - (4) Effect on other rights— Nothing in this subsection affects any remaining right or interest of the Corps of Engineers in the properties described in paragraph (2). - (h) Eightmile River, Connecticut— - (1) The portion of the project for navigation, Eightmile River, Connecticut, authorized by the first section of the Act of June 25, 1910 (commonly known as the “River and Harbor Act of 1910”) (36 Stat. 633, chapter 382), that begins at a point of the existing 8-foot channel limit with coordinates N701002.39, E1109247.73, thence running north 2 degrees 19 minutes 57.1 seconds east 265.09 feet to a point N701267.26, E1109258.52, thence running north 7 degrees 47 minutes 19.3 seconds east 322.32 feet to a point N701586.60, E1109302.20, thence running north 90 degrees 0 minutes 0 seconds east 65.61 to a point N701586.60, E1109367.80, thence running south 7 degrees 47 minutes 19.3 seconds west 328.11 feet to a point N701261.52, E1109323.34, thence running south 2 degrees 19 minutes 57.1 seconds west 305.49 feet to an end at a point N700956.28, E1109310.91 on the existing 8-foot channel limit, shall be reduced to a width of 65 feet and the channel realigned to follow the deepest available water. - (2) Beginning on the date of enactment of this Act, the Secretary is no longer authorized to carry out the portion of the project beginning at a point N701296.72, E1109262.55 and running north 45 degrees 4 minutes 2.8 seconds west 78.09 feet to a point N701341.18, E1109217.98, thence running north 5 degrees 8 minutes 34.6 seconds east 180.14 feet to a point N701520.59, E1109234.13, thence running north 54 degrees 5 minutes 50.1 seconds east 112.57 feet to a point N701568.04, E1109299.66, thence running south 7 degrees 47 minutes 18.4 seconds west 292.58 feet to the point of origin; and the remaining area north of the channel realignment beginning at a point N700956.28, E1109310.91 thence running north 2 degrees 19 minutes 57.1 seconds east 305.49 feet west to a point N701261.52, E1109323.34 north 7 degrees 47 minutes 18.4 seconds east 328.11 feet to a point N701586.60, E1109367.81 thence running north 90 degrees 0 minutes 0 seconds east 7.81 feet to a point N701586.60, E1109375.62 thence running south 5 degrees 8 minutes 34.6 seconds west 626.29 feet to a point N700962.83, E1109319.47 thence south 52 degrees 35 minutes 36.5 seconds 10.79 feet to the point of origin. - (i) Burnham Canal— Beginning on the date of enactment of this Act, the Secretary is no longer authorized to carry out the portion of the project for navigation, Milwaukee Harbor Project, Milwaukee, Wisconsin, known as the Burnham Canal, beginning at channel point #415a N381768.648, E2524554.836, a distance of about 170.58 feet, thence running south 53 degrees 43 minutes 41 seconds west to channel point #417 N381667.728, E2524417.311, a distance of about 35.01 feet, thence running south 34 degrees 10 minutes 40 seconds west to channel point #501 N381638.761, E2524397.639 a distance of about 139.25 feet, thence running south 34 degrees 10 minutes 48 seconds west to channel point #503 N381523.557, E2524319.406 a distance of about 235.98 feet, thence running south 32 degrees 59 minutes 13 seconds west to channel point #505 N381325.615, E2524190.925 a distance of about 431.29 feet, thence running south 32 degrees 36 minutes 05 seconds west to channel point #509 N380962.276, E2523958.547, a distance of about 614.52 feet, thence running south 89 degrees 05 minutes 00 seconds west to channel point #511 N380952.445, E2523344.107, a distance of about 74.68 feet, thence running north 89 degrees 04 minutes 59 seconds west to channel point #512 N381027.13, E2523342.91, a distance of about 533.84 feet, thence running north 89 degrees 05 minutes 00 seconds east to channel point #510 N381035.67, E2523876.69, a distance of about 47.86 feet, thence running north 61 degrees 02 minutes 07 seconds east to channel point #508 N381058.84, E2523918.56, a distance of about 308.55 feet, thence running north 36 degrees 15 minutes 29 seconds east to channel point #506 N381307.65, E2524101.05, distance of about 199.98 feet, thence running north 32 degrees 59 minutes 12 seconds east to channel point #504 N381475.40, E2524209.93, a distance of about 195.14 feet, thence running north 26 degrees 17 minutes 22 seconds east to channel point #502 N381650.36, E2524296.36, a distance of about 81.82 feet, thence running north 88 degrees 51 minutes 05 seconds west to channel point #419 N381732.17, E2524294.72 a distance of about 262.65 feet, thence running north 82 degrees 01 minutes 02 seconds east to channel point # 415a the point of origin. - (j) Walnut Creek, California— Beginning on the date of enactment of this Act, the Secretary is no longer authorized to carry out the portion of the project for flood protection on Walnut Creek, California, constructed in accordance with the plan authorized by section 203 of the Flood Control Act of 1960 (Public Law 86–645; 74 Stat. 488) that consists of the culvert on the San Ramon Creek constructed by the Department of the Army in 1971 that extends from Sta 4+27 to Sta 14+27. ## Sec. 3009 Point Judith Harbor of Refuge, Rhode Island — added - The project for the Harbor of Refuge at Point Judith, Narragansett, Rhode Island, adopted by the Act of September 19, 1890 (commonly known as the “River and Harbor Act of 1890”) (26 Stat. 426, chapter 907), House Document numbered 66, 51st Congress, 1st Session, and modified to include the west shore arm breakwater under the first section of the Act of June 25, 1910 (commonly known as the “River and Harbor Act of 1910”) (36 Stat. 632, chapter 382), is further modified to include shore protection and erosion control as project purposes. ## Sec. 3010 Land conveyance of Hammond Boat Basin, Warrenton, Oregon — added - (a) Definitions— In this section: - (1) City— The term City means the city of Warrenton, located in Clatsop County, Oregon. - (2) Map— The term map means the map contained in Exhibit A of Department of the Army Lease No. DACW57–1–88–0033 (or a successor instrument). - (b) Conveyance authority— Subject to the provisions of this section, the Secretary shall convey to the City by quitclaim deed, and without consideration, all right, title, and interest of the United States in and to the parcel of land described in subsection (c). - (c) Description of land— - (1) In general— Except as provided in paragraph (2), the land referred to in subsection (b) is the parcel totaling approximately 59 acres located in the City, together with any improvements thereon, including the Hammond Marina (as described in the map). - (2) Exclusion— The land referred to in subsection (b) shall not include the site provided for the fisheries research support facility of the National Marine Fisheries Service. - (3) Availability of map— The map shall be on file in the Portland District Office of the Corps of Engineers. - (d) Terms and conditions— - (1) In general— As a condition of the conveyance under subsection (b), the City shall agree in writing— - (A) that the City and any successor or assign of the City will release and indemnify the United States from any claims or liabilities that may arise from or through the operations of the land conveyed by the United States; and - (B) to pay any cost associated with the conveyance under subsection (b). - (2) Additional terms and conditions— The Secretary may impose such additional terms, conditions, and requirements on the conveyance under subsection (b) as the Secretary considers appropriate to protect the interest of the United States, including the requirement that the City assume full responsibility for operating and maintaining the channel and the breakwater. - (e) Reversion— If the Secretary determines that the land conveyed under this section ceases to be owned by the public, all right, title, and interest in and to the land shall, at the discretion of the Secretary, revert to the United States. - (f) Deauthorization— After the land is conveyed under this section, the land shall no longer be a portion of the project for navigation, Hammond Small Boat Basin, Oregon, authorized by section 107 of the Rivers and Harbor Act of 1960 (33 U.S.C. 577). ## Sec. 3011 Metro East Flood Risk Management Program, Illinois — added - (a) In general— The following projects shall constitute a program, to be known as the “Metro East Flood Risk Management Program, Illinois”: - (1) Prairie du Pont Drainage and Levee District and Fish Lake Drainage and Levee District, Illinois, authorized by— - (A) section 5 of the Act of June 22, 1936 (33 U.S.C. 701h); and - (B) section 5070 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1220). - (2) East St. Louis, Illinois, authorized by— - (A) section 5 of the Act of June 22, 1936 (33 U.S.C. 701h); and - (B) Energy and Water Development Appropriation Act, 1988 (Public Law 100–202; 101 Stat. 1329–104). - (3) Wood River Drainage and Levee District, Illinois, authorized by— - (A) section 4 of the Act entitled “An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved June 28, 1938 (52 Stat. 1218); and - (B) section 1001(20) of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1053). ## Sec. 3012 Florida Keys water quality improvements — added - Section 109 of title I of division B of the Miscellaneous Appropriations Act, 2001 (114 Stat. 2763A–221, 121 Stat. 1217) is amended— - (1) in subsection (a), by inserting “and unincorporated communities” after “municipalities”; and - (2) by redesignating subsection (f) as subsection (g); and - (3) by inserting after subsection (e) the following: - “(f) Priority—In providing assistance under this section, the Secretary shall give priority to projects sponsored by— - “(1) the State of Florida; - “(2) Monroe County, Florida; and - “(3) incorporated communities in Monroe County, Florida.” ## Sec. 3013 Des Moines Recreational River and Greenbelt, Iowa — added - The boundaries for the project referred to as the Des Moines Recreational River and Greenbelt, Iowa under the heading “Corps of Engineers—Civil” under the heading “Department of the Army” under the heading “Department of Defense—Civil” in chapter IV of title I of the Supplemental Appropriations Act, 1985 (Public Law 99–88, 99 Stat. 313) are revised to include the entirety of sections 19 and 29, situated in T89N, R28W. ## Sec. 3014 Land conveyance, Craney Island Dredged Material Management Area, Portsmouth, Virginia — added - (a) In general— Subject to the conditions described in this section, the Secretary may convey to the Commonwealth of Virginia, by quitclaim deed and without consideration, all right, title, and interest of the United States in and to 2 parcels of land situated within the project for navigation, Craney Island Eastward Expansion, Norfolk Harbor and Channels, Hampton Roads, Virginia, authorized by section 1001(45) of the Water Resources Development Act of 2007 (Pub. L. 110–114; 121 Stat. 1057), together with any improvements thereon. - (b) Lands To be conveyed— - (1) In general— The 2 parcels of land to be conveyed under this section include a parcel consisting of approximately 307.82 acres of land and a parcel consisting of approximately 13.33 acres of land, both located along the eastern side of the Craney Island Dredged Material Management Area in Portsmouth, Virginia. - (2) Use— The 2 parcels of land described in paragraph (1) may be used by the Commonwealth of Virginia exclusively for the purpose of port expansion, including the provision of road and rail access and the construction of a shipping container terminal. - (c) Terms and conditions— Land conveyed under this section shall be subject to— - (1) a reversionary interest in the United States if the land— - (A) ceases to be held in public ownership; or - (B) is used for any purpose that is inconsistent with subsection (b); and - (2) such other terms, conditions, reservations, and restrictions that the Secretary determines to be necessary and appropriate to protect the interests of the United States. - (d) Legal description— The exact acreage and legal description of land to be conveyed under this section shall be determined by a survey that is satisfactory to the Secretary. - (e) Conveyance costs— The Commonwealth of Virginia shall be responsible for all costs associated with the conveyance authorized by this section, including the cost of the survey required under subsection (d) and other administrative costs. ## Sec. 3015 Los Angeles County Drainage Area, California — added - The project for flood control, Los Angeles County Drainage Area, California, authorized by section 101(b) of the Water Resources Development Act of 1990 (Pub. L. 101–640; 104 Stat. 4611), as modified, is further modified to authorize the Secretary to include, as a part of the project, measures for flood risk reduction, ecosystem restoration, and recreation in the Compton Creek watershed. ## Sec. 3016 Oakland Inner Harbor Tidal Canal, California — added - Section 3182(b)(1) of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1165) is amended— - (1) in subparagraph (A), by inserting “, or to a multicounty public entity that is eligible to hold title to real property” after “To the city of Oakland”; and - (2) by inserting “multicounty public entity or other” before “public entity”. ## Sec. 3017 Redesignation of Lower Mississippi River Museum and Riverfront Interpretive Site — added - (a) In general— Section 103(c)(1) of the Water Resources Development Act of 1992 (106 Stat. 4811) is amended by striking “Lower Mississippi River Museum and Riverfront Interpretive Site” and inserting “Jesse Brent Lower Mississippi River Museum and Riverfront Interpretive Site”. - (b) References— Any reference in a law, map, regulation, document, paper, or other record of the United States to the museum and interpretive site referred to in subsection (a) shall be deemed to be a reference to the “Jesse Brent Lower Mississippi River Museum and Riverfront Interpretive Site”. ## Sec. 3018 Louisiana Coastal Area — added - (a) Interim adoption of comprehensive coastal master plan— - (1) In general— Section 7002 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1270) is amended— - (A) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; - (B) by inserting after subsection (c) the following: - “(d) Interim adoption of comprehensive master plan—Prior to completion of the comprehensive plan described under subsection (a), the Secretary shall adopt the plan of the State of Louisiana entitled “Louisiana’s Comprehensive Master Plan for a Sustainable Coast” in effect on the date of enactment of the Water Resources Development Act of 2013 (and subsequent plans), authorized and defined pursuant to Act 8 of the First Extraordinary Session of the Louisiana State Legislature, 2005, for protecting, preserving, and restoring the coastal Louisiana ecosystem until implementation of the comprehensive plan is complete.” - (C) in subsection (g)(1) (as so redesignated), by striking “1 year” and inserting “10 years”. - (2) Conforming amendment— Subsection (f) (as so redesignated) is amended by striking “subsection (d)(1)” and inserting “subsection (e)(1)”. - (b) Section 7006 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1274) is amended— - (1) in subsection (a)(2)— - (A) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and - (B) by inserting after subparagraph (B) the following: - “(C) to examine a system-wide approach to coastal sustainability, including— - “(i) flood and storm damage protection; - “(ii) coastal restoration; and - “(iii) the elevation of public and private infrastructure;” - (2) in subsection (c)(1)(E), by striking “at Myrtle Grove” and inserting “in the vicinity of Myrtle Grove”. - (c) Effect— - (1) In general— Nothing in this section or an amendment made by this section authorizes the construction of a project or program associated with a storm surge barrier across the Lake Pontchartrain land bridge (including Chef Menteur Pass and the Rigolets) that would result in unmitigated induced flooding in coastal communities within the State of Mississippi. - (2) Required consultation— Any study to advance a project described in paragraph (1) that is conducted using funds from the General Investigations Account of the Corps of Engineers shall include consultation and approval of the Governors of the States of Louisiana and Mississippi. ## Sec. 3019 Four Mile Run, city of Alexandria and Arlington County, Virginia — added - Section 84(a)(1) of the Water Resources Development Act of 1974 (Public Law 93–251; 88 Stat. 35) is amended by striking “twenty-seven thousand cubic feet per second” and inserting “18,000 cubic feet per second”. ## Sec. 3020 East Fork of Trinity River, Texas — added - The portion of the project for flood protection on the East Fork of the Trinity River, Texas, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1185), that consists of the 2 levees identified as “Kaufman County Levees K5E and K5W” shall no longer be authorized as a part of the Federal project as of the date of enactment of this Act. ## Sec. 3021 Seward Waterfront, Seward, Alaska — added - (a) In general— The parcel of land included in the Seward Harbor, Alaska navigation project identified as Tract H, Seward Original Townsite, Waterfront Park Replat, Plat No 2012–4, Seward Recording District, shall not be subject to the navigation servitude (as of the date of enactment of this Act). - (b) Entry by Federal Government— The Federal Government may enter upon any portion of the land referred to in subsection (a) to carry out any required operation and maintenance of the general navigation features of the project. ## Sec. 4001 Purpose - 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. ## Sec. 4002 Initiation of new water resources studies - (a) In general— Subject to subsections (b), (c), and (d), the Secretary may initiate a study— - (1) to determine the feasibility of carrying out 1 or more projects for flood risk management, storm damage reduction, aquatic ecosystem restoration, navigation, hydropower, or related purposes; or - (2) to carry out watershed and river basin assessments in accordance with section 729 of the Water Resources Development Act of 1986 (33 U.S.C. 2267a). - (b) Criteria— The Secretary may only initiate a study under subsection (a) if— - (1) the study— - (A) has been requested by an eligible non-Federal interest; - (B) is for an area that is likely to include a project with a Federal interest; and - (C) addresses a high-priority water resource issue necessary for the protection of human life and property, the environment, or the national security interests of the United States; and - (2) the non-Federal interest has demonstrated— - (A) that local support exists for addressing the water resource issue; and - (B) the financial ability to provide the required non-Federal cost-share. - (c) Congressional approval— - (1) Submission to congress— Prior to initiating a study under subsection (a), the Secretary shall submit to the Committees on Environment and Public Works and Appropriations of the Senate and the Committees on Transportation and Infrastructure and Appropriations of the House— - (A) a description of the study, including the geographical area addressed by the study; - (B) a description of how the study meets each of the requirements of subsection (b); and - (C) a certification that the proposed study can be completed within 3 years and for a Federal cost of not more than $3,000,000. - (2) Expenditure of funds— No funds may be spent on a study initiated under subsection (a) unless— - (A) the required information is submitted to Congress under paragraph (1); and - (B) after such submission, amounts are appropriated to continue construction of initiate the project study in an appropriations or other Act to initiate the study.Act. - (3) Additional notification— The Secretary shall notify each Senator or Member of Congress with a State or congressional district in the study area described in paragraph (1)(A). - (d) Limitations— - (1) In general— Subsection (a) shall not apply to a project for which a study has been authorized prior to the date of enactment of this Act. - (2) New studies and projects—studies— In each fiscal year, the Secretary may initiate not more than— - (A) 3 new studies in each of the primary mission areas of responsibility of the Corps of Engineers; and - (B) 3 projects new studies from any 1 division of the Corps of Engineers. - (e) Termination— The authority under subsection (a) expires on the date that is 3 years after the date of enactment of this Act. - (f) Authorization of Appropriations— There is authorized to be appropriated to the Secretary to carry out this section $25,000,000 for each of fiscal years 2014 through 2017. ## Sec. 5002 Northeast Coastal Region ecosystem restoration - (a) In general— The Secretary shall plan, design, and construct projects for aquatic ecosystem restoration within the coastal waters of the Northeastern United States from the State of Virginia to the State of Maine, including associated bays, estuaries, and critical riverine areas. - (b) General coastal management plan— - (1) Assessment— The Secretary, in coordination with the Administrator of the Environmental Protection Agency, the heads of other appropriate Federal agencies, the Governors of the coastal States from Virginia to Maine, nonprofit organizations, and other interested parties, shall assess the needs regarding, and opportunities for, aquatic ecosystem restoration within the coastal waters of the Northeastern United States. - (2) Plan— The Secretary shall develop a general coastal management plan based on the assessment carried out under paragraph (1), maximizing the use of existing plans and investigation, which plan shall include— - (A) an inventory and evaluation of coastal habitats; - (B) identification of aquatic resources in need of improvement; - (C) identification and prioritization of potential aquatic habitat restoration projects; and - (D) identification of geographical and ecological areas of concern, including— - (i) finfish habitats; - (ii) diadromous fisheries migratory corridors; - (iii) shellfish habitats; - (iv) submerged aquatic vegetation; - (v) wetland; and - (vi) beach dune complexes and other similar habitats. - (c) Eligible projects— The Secretary may carry out an aquatic ecosystem restoration project under this section if the project— - (1) is consistent with the management plan developed under subsection (b); and - (2) provides for— - (A) the restoration of degraded aquatic habitat (including coastal, saltmarsh, benthic, and riverine habitat); - (B) the restoration of geographical or ecological areas of concern, including the restoration of natural river and stream characteristics; - (C) the improvement of water quality; or - (D) other projects or activities determined to be appropriate by the Secretary. - (d) Cost sharing— - (1) Management plan— The management plan developed under subsection (b) shall be completed at Federal expense. - (2) Restoration projects— The non-Federal share of the cost of a project carried out under this section shall be 35 percent. - (e) Cost limitation— Not more than $10,000,000 in Federal funds may be allocated under this section for an eligible project. - (f) Authorization of appropriations— There is authorized to be appropriated to carry out this section (including funds for the completion of the management plan) $25,000,000 for each of fiscal years 2014 through 2018.2023. ## Sec. 5009 Upper Missouri Basin shoreline erosion prevention - (a) In general— - (1) Authorization of assistance— The Secretary may provide planning, design, and construction assistance to not more than 3 federally-recognized Indian tribes in the Upper Missouri River Basin to undertake measures to address shoreline erosion that is jeopardizing existing infrastructure resulting from operation of a reservoir constructed under the Pick-Sloan Missouri River Basin Program (authorized by section 9 of the Act of December 22, 1944 (commonly known as the “Flood Control Act of 1944”) (58 Stat. 891, chapter 665)). - (a) In general— Subject to subsection (b), the Secretary shall establish a program to mitigate the impacts of extreme weather events, such as floods and droughts, on communities, water users, and fish and wildlife located in and along the headwaters of the Columbia, Missouri, and Yellowstone Rivers (including the tributaries of those rivers) in the States of Idaho and Montana by carrying out river, stream, and floodplain protection and restoration projects, including— - (2) Limitation— floodplain restoration The projects described in paragraph (1) shall be economically justified, technically feasible, and reconnection;environmentally acceptable. - (b) Federal and non-Federal cost share— - (1) In general— Subject to paragraph (2), the Federal share of the costs of carrying out this section shall be not less than 75 percent. - (2) Ability to pay— The Secretary may adjust the Federal and non-Federal shares of the costs of carrying out this section in accordance with the terms and conditions of section 103(m) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(m)). - (2) floodplain and riparian area protection through the use of conservation easements; - (3) instream flow restoration projects; - (4) fish passage improvements; - (5) channel migration zone mapping; and - (6) invasive weed management. - (b) Restriction— All projects carried out using amounts made available to carry out this section shall emphasize the protection and enhancement of natural riverine processes. - (c) Non-federal cost share—Conditions— The non-Federal share of the costs of carrying out a project under this section shall not exceed 35 percent of the total cost of Secretary may provide the project.assistance described in subsection (a) only after— - (1) consultation with the Department of the Interior; and - (2) execution by the Indian tribe of a memorandum of agreement with the Secretary that specifies that the tribe shall— - (A) be responsible for— - (i) all operation and maintenance activities required to ensure the integrity of the measures taken; and - (ii) providing any required real estate interests in and to the property on which such measures are to be taken; and - (B) hold and save the United States free from damages arising from planning, design, or construction assistance provided under this section, except for damages due to the fault or negligence of the United States or its contractors. - (d) Coordination—Authorization of appropriations— In carrying out For each Indian tribe eligible under this section, the Secretary—there is authorized to be appropriated to carry out this section not more than $30,000,000. - (1) shall consult and coordinate with the appropriate State natural resource agency in each State; and - (2) may— - (A) delegate any authority or responsibility of the Secretary under this section to those State natural resource agencies; and - (B) provide amounts made available to the Secretary to carry out this section to those State natural resource agencies. - (e) Limitations— Nothing in this section invalidates, preempts, or creates any exception to State water law, State water rights, or Federal or State permitted activities or agreements in the States of Idaho and Montana or any State containing tributaries to rivers in those States. - (f) Authorization of appropriations— There is authorized to be appropriated to the Secretary to carry out this section $30,000,000. ## Sec. 5010 Northern Rockies headwaters extreme weather mitigation — added - (a) In general— Subject to subsection (b), the Secretary shall establish a program to mitigate the impacts of extreme weather events, such as floods and droughts, on communities, water users, and fish and wildlife located in and along the headwaters of the Columbia, Missouri, and Yellowstone Rivers (including the tributaries of those rivers) in the States of Idaho and Montana by carrying out river, stream, and floodplain protection and restoration projects, including— - (1) floodplain restoration and reconnection; - (2) floodplain and riparian area protection through the use of conservation easements; - (3) instream flow restoration projects; - (4) fish passage improvements; - (5) channel migration zone mapping; and - (6) invasive weed management. - (b) Restriction— All projects carried out using amounts made available to carry out this section shall emphasize the protection and enhancement of natural riverine processes. - (c) Non-federal cost share— The non-Federal share of the costs of carrying out a project under this section shall not exceed 35 percent of the total cost of the project. - (d) Coordination— In carrying out this section, the Secretary— - (1) shall consult and coordinate with the appropriate State natural resource agency in each State; and - (2) may— - (A) delegate any authority or responsibility of the Secretary under this section to those State natural resource agencies; and - (B) provide amounts made available to the Secretary to carry out this section to those State natural resource agencies. - (e) Limitations— Nothing in this section invalidates, preempts, or creates any exception to State water law, State water rights, or Federal or State permitted activities or agreements in the States of Idaho and Montana or any State containing tributaries to rivers in those States. - (f) Effect of section— - (1) In general— Nothing in this section replaces or provides a substitute for the authority to carry out projects under section 3110 of the Water Resources Development Act of 2007 (121 Stat. 1135). - (2) Funding— The amounts made available to carry out this section shall be used to carry out projects that are not otherwise carried out under section 3110 of the Water Resources Development Act of 2007 (121 Stat. 1135). - (g) Authorization of appropriations— There is authorized to be appropriated to the Secretary to carry out this section $30,000,000. ## Sec. 5011 Aquatic nuisance species prevention, Great Lakes and Mississippi River Basin — added - (a) In general— The Secretary is authorized to implement measures recommended in the efficacy study authorized under section 3061 of the Water Resources Development Act of 2007 (121 Stat. 1121) or in interim reports, with any modifications or any emergency measures that the Secretary determines to be appropriate to prevent aquatic nuisance species from dispersing into the Great Lakes by way of any hydrologic connection between the Great Lakes and the Mississippi River Basin. - (b) Reports— The Secretary shall report to the Committees on Environment and Public Works and Appropriations of the Senate and the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives any emergency actions taken pursuant to this section. ## Sec. 5012 Middle Mississippi River pilot program — added - (a) In general— In accordance with the project for navigation, Mississippi River between the Ohio and Missouri Rivers (Regulating Works), Missouri and Illinois, authorized by the Act of June 25, 1910 (36 Stat. 631, chapter 382) (commonly known as the “River and Harbor Act of 1910”), the Act of January 1, 1927 (44 Stat. 1010, chapter 47) (commonly known as the “River and Harbor Act of 1927”), and the Act of July 3, 1930 (46 Stat. 918, chapter 847), the Secretary shall carry out a pilot program to restore and protect fish and wildlife habitat in the middle Mississippi River. - (b) Authorized activities— As part of the pilot program carried out under subsection (a), the Secretary may carry out any activity along the Middle Mississippi River that is necessary to improve navigation through the project while restoring and protecting fish and wildlife habitat in the middle Mississippi River if the Secretary determines that the activity is feasible. - (c) Cost-Sharing requirement— - (1) In general— The maximum Federal share of the cost of carrying out a project under this section shall be 65 percent. - (2) Amount expended per project— The Federal share described in paragraph (1) shall not exceed $10,000,000 for each project. - (d) Authorization of appropriations— There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2014 through 2023. ## Sec. 5013 Idaho, Montana, rural Nevada, New Mexico, rural Utah, and Wyoming — added - Section 595 of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 383) is amended— - (1) by striking subsection (c) and inserting the following: - “(c) Form of assistance—Assistance under this section may be in the form of— - “(1) design and construction assistance for water-related environmental infrastructure and resource protection and development in Idaho, Montana, rural Nevada, New Mexico, rural Utah, and Wyoming, including projects for— - “(A) wastewater treatment and related facilities; - “(B) water supply and related facilities; - “(C) environmental restoration; and - “(D) surface water resource protection and development; and - “(2) technical assistance to small and rural communities for water planning and issues relating to access to water resources.” - (2) by striking subsection (h) and inserting the following: - “(h) Authorization of appropriations—There is authorized to be appropriated to carry out this section for the period beginning with fiscal year 2001 $450,000,000, which shall— - “(1) be made available to the States and locales described in subsection (b) consistent with program priorities determined by the Secretary in accordance with criteria developed by the Secretary to establish the program priorities; and - “(2) remain available until expended.”.” ## Sec. 5014 Chesapeake Bay oyster restoration in Virginia and Maryland — added - Section 704(b) of Water Resources Development Act of 1986 (33 U.S.C. 2263(b)) is amended— - (1) in paragraph (1), by striking “$50,000,000” and inserting “$70,000,000”; and - (2) by striking subparagraph (B) of paragraph (4) and inserting the following: - “(B) Form—The non-Federal share may be provided through in-kind services, including— - “(i) the provision by the non-Federal interest of shell stock material that is determined by the Secretary to be suitable for use in carrying out the project; and - “(ii) in the case of a project carried out under paragraph (2)(D) after the date of enactment of this clause, land conservation or restoration efforts undertaken by the non-Federal interest that the Secretary determines provide water quality benefits that— - “(I) enhance the viability of oyster restoration efforts; and - “(II) are integral to the project.” ## Sec. 5015 Missouri River between Fort Peck Dam, Montana and Gavins Point Dam, South Dakota and Nebraska — added - Section 9(f) of the Act of December 22, 1944 (commonly known as the “Flood Control Act of 1944”) (58 Stat. 891, chapter 665; 102 Stat. 4031) is amended by striking “$3,000,000” and inserting “$5,000,000”. ## Sec. 5016 Operations and maintenance of inland Mississippi River ports — added - (a) Definitions— In this section: - (1) Shallow draft— The term shallow draft means a project that has a depth less than 14 feet. - (2) Inland mississippi river— The term inland Mississippi River means the portion of the Mississippi River that begins at the confluence of the Minnesota River and ends at the confluence of the Red River. - (b) In general— The Secretary, acting through the Chief of Engineers, shall carry out dredging activities on shallow draft ports located on the Inland Mississippi River to the respective authorized widths and depths of those inland ports, as authorized on the date of enactment of this Act. - (c) Authorization of appropriations— For each fiscal year, there is authorized to be appropriated to the Secretary to carry out this section $25,000,000. ## Sec. 5017 Remote and subsistence harbors — added - Section 2006 of the Water Resources Development Act of 2007 (33 U.S.C. 2242) is amended— - (1) in subsection (a)— - (A) in paragraph (1)(B), by inserting “or Alaska” after “Hawaii”; and - (B) in paragraph (2)— - (i) by striking “community” and inserting “region”; and - (ii) by inserting “, as determined by the Secretary based on information provided by the non-Federal interest” after “improvement”; and - (2) by adding at the end the following: - “(c) Prioritization—Projects recommended by the Secretary under subsection (a) shall be given equivalent budget consideration and priority as projects recommended solely by national economic development benefits. - “(d) Construction - “(1) In general—The Secretary may plan, design, or construct projects for navigation in the noncontiguous States and territories of the United States if the Secretary finds that the project is— - “(A) technically feasible; - “(B) environmentally sound; and - “(C) economically justified. - “(2) Special rule—In evaluating and implementing a project under this section, the Secretary shall allow the non-Federal interest to participate in the financing of the project in accordance with the criteria established for flood control projects in section 903(c) of the Water Resources Development Act of 1986 (Public Law 99–662; 100 Stat. 4184) if the detailed project report evaluation indicates that applying that section is necessary to implement the project. - “(3) Cost—The Federal share of the cost of carrying out a project under this section shall not exceed $10,000,000. - “(4) Authorization of appropriations—There is authorized to be appropriated to carry out projects initiated by the Secretary under this subsection $100,000,000 for fiscal years 2014 through 2023.” ## Sec. 5018 Multiagency effort to slow the spread of Asian carp in the Upper Mississippi River and Ohio River basins and tributaries — added - (a) Multiagency effort To slow the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries— - (1) In general— The Director of the United States Fish and Wildlife Service, in coordination with the Chief of Engineers, the Director of the National Park Service, and the Director of the United States Geological Survey, shall lead a multiagency effort to slow the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries by providing high-level technical assistance, coordination, best practices, and support to State and local governments in carrying out activities designed to slow, and eventually eliminate, the threat posed by Asian carp. - (2) Best practices— To the maximum extent practicable, the multiagency effort shall apply lessons learned and best practices such as those described in the document prepared by the Asian Carp Working Group entitled “Management and Control Plan for Bighead, Black, Grass, and Silver Carps in the United States”, and dated November 2007, and the document prepared by the Asian Carp Regional Coordinating Committee entitled “FY 2012 Asian Carp Control Strategy Framework” and dated February 2012. - (b) Report to Congress— - (1) In general— Not later than December 31 of each year, the Director of the United States Fish and Wildlife Service, in coordination with the Chief of Engineers, shall submit to the Committee on Appropriations and the Committee on Natural Resources of the House of Representatives and the Committee on Appropriations and the Committee on Environmental and Public Works of the Senate a report describing the coordinated strategies established and progress made toward goals to control and eliminate Asian carp in the Upper Mississippi and Ohio River basins and tributaries. - (2) Contents— Each report submitted under paragraph (1) shall include— - (A) any observed changes in the range of Asian carp in the Upper Mississippi and Ohio River basins and tributaries during the 2-year period preceding submission of the report; - (B) a summary of Federal agency efforts, including cooperative efforts with non-Federal partners, to control the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries; - (C) any research that the Director determines could improve the ability to control the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries; - (D) any quantitative measures that Director intends to use to document progress in controlling the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries; and - (E) a cross-cut accounting of Federal and non-Federal expenditures to control the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries. ## Sec. 5019 Release of use restrictions — added - Notwithstanding any other provision of law, the Tennessee Valley Authority shall, without monetary consideration, grant releases from real estate restrictions established pursuant to section 4(k)(b) of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831c(k)(b)) with respect to tracts of land identified in section 4(k)(b) of that Act; provided that such releases shall be granted in a manner consistent with applicable TVA policies. ## Sec. 5020 Rights and responsibilities of Cherokee Nation of Oklahoma regarding W.D. Mayo Lock and Dam, Oklahoma — added - Section 1117 of the Water Resources Development Act of 1986 (Public Law 99–662; 100 Stat. 4236) is amended to read as follows: - “1117. W.D. Mayo Lock and Dam, Oklahoma - “(a) In general—Notwithstanding any other provision of law, the Cherokee Nation of Oklahoma has authorization— - “(1) to design and construct 1 or more hydroelectric generating facilities at the W.D. Mayo Lock and Dam on the Arkansas River in the State of Oklahoma, subject to the requirements of subsection (b) and in accordance with the conditions specified in this section; and - “(2) to market the electricity generated from any such hydroelectric generating facility. - “(b) Preconstruction requirements - “(1) In general—The Cherokee Nation shall obtain any permit required by Federal or State law before the date on which construction begins on any hydroelectric generating facility under subsection (a). - “(2) Review by Secretary—The Cherokee Nation may initiate the design or construction of a hydroelectric generating facility under subsection (a) only after the Secretary reviews and approves the plans and specifications for the design and construction. - “(c) Payment of design and construction costs - “(1) In general—The Cherokee Nation shall— - “(A) bear all costs associated with the design and construction of any hydroelectric generating facility under subsection (a); and - “(B) provide any funds necessary for the design and construction to the Secretary prior to the Secretary initiating any activities relating to the design and construction of the hydroelectric generating facility. - “(2) Use by Secretary—The Secretary may— - “(A) accept funds offered by the Cherokee Nation under paragraph (1); and - “(B) use the funds to carry out the design and construction of any hydroelectric generating facility under subsection (a). - “(d) Assumption of liability—The Cherokee Nation— - “(1) shall hold all title to any hydroelectric generating facility constructed under this section; - “(2) may, subject to the approval of the Secretary, assign that title to a third party; - “(3) shall be solely responsible for— - “(A) the operation, maintenance, repair, replacement, and rehabilitation of any such facility; and - “(B) the marketing of the electricity generated by any such facility; and - “(4) shall release and indemnify the United States from any claims, causes of action, or liabilities that may arise out of any activity undertaken to carry out this section. - “(e) Assistance available—Notwithstanding any other provision of law, the Secretary may provide any technical and construction management assistance requested by the Cherokee Nation relating to the design and construction of any hydroelectric generating facility under subsection (a). - “(f) Third party agreements—The Cherokee Nation may enter into agreements with the Secretary or a third party that the Cherokee Nation or the Secretary determines to be necessary to carry out this section.” ## Sec. 5021 Upper Mississippi River protection — added - (a) Definition of Upper St. Anthony Falls Lock and Dam— In this section, the term Upper St. Anthony Falls Lock and Dam means the lock and dam located on Mississippi River mile 853.9 in Minneapolis, Minnesota. - (b) Economic impact study— Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report regarding the impact of closing the Upper St. Anthony Falls Lock and Dam on the economic and environmental well-being of the State of Minnesota. - (c) Mandatory closure— Notwithstanding subsection (b) and not later than 1 year after the date of enactment of this Act, the Secretary shall close the Upper St. Anthony Falls Lock and Dam if the Secretary determines that the annual average tonnage moving through the Upper St. Anthony Falls Lock and Dam for the preceding 5 years is not more than 1,500,000 tons. - (d) Emergency operations— Nothing in this section prevents the Secretary from carrying out emergency lock operations necessary to mitigate flood damage. ## Sec. 5022 Arctic Deep draft port development partnerships — added - (a) In general— The Secretary may provide technical assistance, including planning, design, and construction assistance, to non-Federal public entities, including Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)), for the development, construction, operation, and maintenance of channels, harbors, and related infrastructure associated with deep draft ports for purposes of dealing with Arctic development and security needs. - (b) Acceptance of funds— The Secretary is authorized to accept and expend funds provided by non-Federal public entities, including Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)), to carry out the activities described in subsection (a). - (c) Limitation— No assistance may be provided under this section until after the date on which the entity to which that assistance is to be provided enters into a written agreement with the Secretary that includes such terms and conditions as the Secretary determines to be appropriate and in the public interest. - (d) Prioritization— The Secretary shall prioritize Arctic deep draft ports identified by the Army Corps, the Department of Homeland Security and the Department of Defense. ## Sec. 5023 Greater Mississippi River Basin severe flooding and drought management study — added - (a) Definitions— In this section: - (1) Greater mississippi river basin— The term greater Mississippi River Basin means the area covered by hydrologic units 5, 6, 7, 8, 10, and 11, as identified by the United States Geological Survey as of the date of enactment of this Act. - (2) Lower mississippi river— The term lower Mississippi River means the portion of the Mississippi River that begins at the confluence of the Ohio River and flows to the Gulf of Mexico. - (3) Middle mississippi river— The term middle Mississippi River means the portion of the Mississippi River that begins at the confluence of the Missouri River and flows to the lower Mississippi River. - (4) Severe flooding and drought— The term severe flooding and drought means severe weather events that threaten personal safety, property, and navigation on the inland waterways of the United States. - (b) In general— The Secretary shall carry out a study of the greater Mississippi River Basin— - (1) to improve the coordinated and comprehensive management of water resource projects in the greater Mississippi River Basin relating to severe flooding and drought conditions; and - (2) to evaluate the feasibility of any modifications to those water resource projects, consistent with the authorized purposes of those projects, and develop new water resource projects to improve the reliability of navigation and more effectively reduce flood risk. - (c) Contents— The study shall— - (1) identify any Federal actions that are likely to prevent and mitigate the impacts of severe flooding and drought, including changes to authorized channel dimensions, operational procedures of locks and dams, and reservoir management within the greater Mississippi River Basin, consistent with the authorized purposes of the water resource projects; - (2) identify and make recommendations to remedy challenges to the Corps of Engineers presented by severe flooding and drought, including river access, in carrying out its mission to maintain safe, reliable navigation, consistent with the authorized purposes of the water resource projects in the greater Mississippi River Basin; and - (3) identify and locate natural or other physical impediments along the middle and lower Mississippi River to maintaining navigation on the middle and lower Mississippi River during periods of low water. - (d) Consultation and use of existing data— In carrying out the study, the Secretary shall— - (1) consult with appropriate committees of Congress, Federal, State, tribal, and local agencies, environmental interests, agricultural interests, recreational interests, river navigation industry representatives, other shipping and business interests, organized labor, and nongovernmental organizations; - (2) to the maximum extent practicable, use data in existence as of the date of enactment of this Act; and - (3) incorporate lessons learned and best practices developed as a result of past severe flooding and drought events, including major floods and the successful effort to maintain navigation during the near historic low water levels on the Mississippi River during the winter of 2012–2013. - (e) Cost-sharing— The Federal share of the cost of carrying out the study under this section shall be 100 percent. - (f) Report— Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the study carried out under this section. - (g) Savings clause— Nothing in this section impacts the operations and maintenance of the Missouri River Mainstem System, as authorized by the Act of December 22, 1944 (58 Stat. 897, chapter 665). ## Sec. 5024 Cape Arundel Disposal Site, Maine — added - (a) In general— The Secretary, in concurrence with the Administrator of the Environmental Protection Agency, is authorized to reopen the Cape Arundel Disposal Site selected by the Department of the Army as an alternative dredged material disposal site under section 103(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413(b)) (referred to in this section as the “Site”). - (b) Deadline— The Site may remain open under subsection (a) until the earlier of— - (1) the date on which the Site does not have any remaining disposal capacity; - (2) the date on which an environmental impact statement designating an alternative dredged material disposal site for southern Maine has been completed; or - (3) the date that is 5 years after the date of enactment of this Act. - (c) Limitations— The use of the Site as a dredged material disposal site under subsection (a) shall be subject to the conditions that— - (1) conditions at the Site remain suitable for the continued use of the Site as a dredged material disposal site; and - (2) the Site not be used for the disposal of more than 80,000 cubic yards from any single dredging project. ## Sec. 6003 Definitions - In this title: - (1) Board— The term Board means the National Levee Safety Advisory Board established under section 6005. - (2) Canal structure— - (A) In general— The term canal structure means an embankment, wall, or structure along a canal or manmade watercourse that— - (i) constrains water flows; - (ii) is subject to frequent water loading; and - (iii) is an integral part of a flood risk reduction system that protects the leveed area from flood waters associated with hurricanes, precipitation events, seasonal high water, and other weather-related events. - (B) Exclusion— The term canal structure does not include a barrier across a watercourse. - (3) Federal agency— The term Federal agency means a Federal agency that designs, finances, constructs, owns, operates, maintains, or regulates the construction, operation, or maintenance of a levee. - (4) Flood damage reduction system— The term flood damage reduction system means a system designed and constructed to have appreciable and dependable effects in reducing damage by floodwaters. - (5) Flood mitigation— The term flood mitigation means any structural or nonstructural measure that reduces risks of flood damage by reducing the probability of flooding, the consequences of flooding, or both. - (6) Floodplain management— The term floodplain management means the operation of a community program of corrective and preventative measures for reducing flood damage. - (7) Indian tribe— The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). - (8) Levee— - (A) In general— The term levee means a manmade barrier (such as an embankment, floodwall, or other structure)— - (i) the primary purpose of which is to provide hurricane, storm, or flood protection relating to seasonal high water, storm surges, precipitation, or other weather events; and - (ii) that is normally subject to water loading for only a few days or weeks during a calendar year. - (B) Inclusions— The term levee includes a levee system, including— - (i) levees and canal structures that— - (I) constrain water flows; - (II) are subject to more frequent water loading; and - (III) do not constitute a barrier across a watercourse; and - (ii) roadway and railroad embankments, but only to the extent that the embankments are integral to the performance of a flood damage reduction system. - (C) Exclusions— The term levee does not include— - (i) a roadway or railroad embankment that is not integral to the performance of a flood damage reduction system; - (ii) a canal constructed completely within natural ground without any manmade structure (such as an embankment or retaining wall to retain water or a case in which water is retained only by natural ground); - (iii) a canal regulated by a Federal or State agency in a manner that ensures that applicable Federal safety criteria are met; - (iv) a levee or canal structure— - (I) that is not a part of a Federal flood damage reduction system; - (II) that is not recognized under the National Flood Insurance Program as providing protection from the 1-percent-annual-chance or greater flood; - (III) that is not greater than 3 feet high; - (IV) the population in the leveed area of which is less than 50 individuals; and - (V) the leveed area of which is less than 1,000 acres; or - (v) any shoreline protection or river bank protection system (such as revetments or barrier islands). - (9) Levee feature— The term levee feature means a structure that is critical to the functioning of a levee, including— - (A) an embankment section; - (B) a floodwall section; - (C) a closure structure; - (D) a pumping station; - (E) an interior drainage work; and - (F) a flood damage reduction channel. - (10) Levee safety guidelines— The term levee safety guidelines means the guidelines established by the Secretary under section 6004(c)(1). - (11) Levee segment— The term levee segment means a discrete portion of a levee system that is owned, operated, and maintained by a single entity or discrete set of entities. - (12) Levee system— The term levee system means 1 or more levee segments, including all levee features that are interconnected and necessary to ensure protection of the associated leveed areas— - (A) that collectively provide flood damage reduction to a defined area; and - (B) the failure of 1 of which may result in the failure of the entire system. - (13) Leveed area— The term leveed area means the land from which flood water in the adjacent watercourse is excluded by the levee system. - (14) National levee database— The term national levee database means the levee database established under section 9004 of the Water Resources Development Act of 2007 (33 U.S.C. 3303). - (15) Participating program— The term participating program means a levee safety program developed by a State or Indian tribe that includes the minimum components necessary for recognition by the Secretary. - (16) Rehabilitation— The term rehabilitation means the repair, replacement, reconstruction, or removal of a levee, or reconfiguration of a levee system, including a setback levee, that is carried out to reduce flood risk or meet national levee safety guidelines. - (17) Risk— The term risk means a measure of the probability and severity of undesirable consequences. - (18) Secretary— The term Secretary means the Secretary of the Army, acting through the Chief of Engineers. - (19) State— The term State means— - (A) each of the several States of the United States; - (B) the District of Columbia; - (C) the Commonwealth of Puerto Rico; - (D) Guam; - (E) American Samoa; - (F) the Commonwealth of the Northern Mariana Islands; - (G) the Federated States of Micronesia; - (H) the Republic of the Marshall Islands; - (I) the Republic of Palau; and - (J) the United States Virgin Islands. ## Sec. 6004 National levee safety program - (a) Establishment— The Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, shall establish a national levee safety program to provide national leadership and consistent approaches to levee safety, including— - (1) a national levee database; - (2) an inventory and inspection of Federal and non-Federal levees; - (3) national levee safety guidelines; - (4) a hazard potential classification system for Federal and non-Federal levees; - (5) research and development; - (6) a national public education and awareness program, with an emphasis on communication regarding the residual risk to communities protected by levees and levee systems; - (7) coordination of levee safety, floodplain management, and environmental protection activities; - (8) development of State and tribal levee safety programs; and - (9) the provision of technical assistance and materials to States and Indian tribes relating to— - (A) developing levee safety programs; - (B) identifying and reducing flood risks associated with residual risk to communities protected by levees and levee systems; - (C) identifying local actions that may be carried out to reduce flood risks in leveed areas; and - (D) rehabilitating, improving, replacing, reconfiguring, modifying, and removing levees and levee systems. - (b) Management— - (1) In general— The Secretary shall appoint— - (A) an administrator of the national levee safety program; and - (B) such staff as is necessary to implement the program. - (2) Administrator— The sole duty of the administrator appointed under paragraph (1)(A) shall be the management of the national levee safety program. - (c) Levee safety guidelines— - (1) Establishment— Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency and in coordination with State and local governments and organizations with expertise in levee safety, shall establish a set of voluntary, comprehensive, national levee safety guidelines that— - (A) are available for common, uniform use by all Federal, State, tribal, and local agencies; - (B) incorporate policies, procedures, standards, and criteria for a range of levee types, canal structures, and related facilities and features; and - (C) provide for adaptation to local, regional, or watershed conditions. - (2) Requirement— The policies, procedures, standards, and criteria under paragraph (1)(B) shall be developed taking into consideration the levee hazard potential classification system established under subsection (d). - (3) Adoption by federal agencies— All Federal agencies shall consider the levee safety guidelines in activities relating to the management of levees. - (4) Public comment— Prior to finalizing the guidelines under this subsection, the Secretary shall— - (A) issue draft guidelines for public comment; and - (B) consider any comments received in the development of final guidelines. - (d) Hazard potential classification system— - (1) Establishment— The Secretary shall establish a hazard potential classification system for use under the national levee safety program and participating programs. - (2) Revision— The Secretary shall review and, as necessary, revise the hazard potential classification system not less frequently than once every 5 years. - (3) Consistency— The hazard potential classification system established pursuant to this subsection shall be consistent with and incorporated into the levee safety action classification tool developed by the Corps of Engineers. - (e) Technical assistance and materials— - (1) Establishment— The Secretary, in consultation with the Administrator of the Federal Emergency Management Agency and in coordination with the Board, shall establish a national levee safety technical assistance and training program to develop and deliver technical support and technical assistance materials, curricula, and training in order to promote levee safety and assist States, communities, and levee owners in— - (A) developing levee safety programs; - (B) identifying and reducing flood risks associated with levees; - (C) identifying local actions that may be carried out to reduce flood risks in leveed areas; and - (D) rehabilitating, improving, replacing, reconfiguring, modifying, and removing levees and levee systems. - (2) Use of services— In establishing the national levee safety training program under paragraph (1), the Secretary may use the services of— - (A) the Corps of Engineers; - (B) the Federal Emergency Management Agency; - (C) the Bureau of Reclamation; and - (D) other appropriate Federal agencies, as determined by the Secretary. - (f) Comprehensive national public education and awareness campaign— - (1) Establishment— The Secretary, in coordination with the Administrator of the Federal Emergency Management Agency and the Board, shall establish a national public education and awareness campaign relating to the national levee safety program. - (2) Purposes— The purposes of the campaign under paragraph (1) are— - (A) to educate individuals living in leveed areas regarding the risks of living in those areas; - (B) to promote consistency in the transmission of information regarding levees among government agencies; and - (C) to provide national leadership regarding risk communication for implementation at the State and local levels. - (g) Coordination of levee safety, floodplain management, and environmental concerns— The Secretary, in consultation with the Administrator of the Federal Emergency Management Agency and in coordination with the Board, shall evaluate opportunities to coordinate— - (1) public safety, floodplain management, and environmental protection activities relating to levees; and - (2) environmental permitting processes for operation and maintenance activities at existing levee projects in compliance with all applicable laws. - (h) Levee Inspection— - (1) In general— The Secretary shall carry out a one-time inventory and inspection of all levees identified in the national levee database. - (2) No Federal interest— The inventory and inspection under paragraph (1) does not create a Federal interest in the construction, operation, or maintenance any levee that is included in the inventory or inspected under this subsection. - (3) Inspection criteria— In carrying out the inventory and inspection, the Secretary shall use the levee safety action classification criteria to determine whether a levee should be classified in the inventory as requiring a more comprehensive inspection. - (4) State and tribal participation— At the request of a State or Indian tribe with respect to any levee subject to inspection under this subsection, the Secretary shall— - (A) allow an official of the State or Indian tribe to participate in the inspection of the levee; and - (B) provide information to the State or Indian tribe relating to the location, construction, operation, or maintenance of the levee. - (5) Exceptions— In carrying out the inventory and inspection under this subsection, the Secretary shall not be required to inspect any levee that has been inspected by a State or Indian tribe using the same methodology described in paragraph (3) during the 1-year period immediately preceding the date of enactment of this Act if the Governor of the State or tribal government, as applicable, requests an exemption from the inspection. - (i) State and tribal levee safety program— - (1) Guidelines— - (A) In general— Not later than 1 year after the date of enactment of this Act, in consultation with the Administrator of the Federal Emergency Management Agency and in coordination with the Board, the Secretary shall issue guidelines that establish the minimum components necessary for recognition of a State or tribal levee safety program as a participating program. - (B) Guideline contents— The guidelines under subparagraph (A) shall include provisions and procedures requiring each participating State and Indian tribe to certify to the Secretary that the State or Indian tribe, as applicable— - (i) has the authority to participate in the national levee safety program; - (ii) can receive funds under this title; - (iii) has adopted any national levee safety guidelines developed under this title; - (iv) will carry out levee inspections; - (v) will carry out, consistent with applicable requirements, flood risk management and any emergency action planning procedures the Secretary determines to be necessary relating to levees; - (vi) will carry out public education and awareness activities consistent with the national public education and awareness campaign established under subsection (f); and - (vii) will collect and share information regarding the location and condition of levees. - (C) Public comment— Prior to finalizing the guidelines under this paragraph, the Secretary shall— - (i) issue draft guidelines for public comment; and - (ii) consider any comments received in the development of final guidelines. - (2) Grant program— - (A) Establishment— The Secretary shall establish a program under which the Secretary shall provide grants to assist States and Indian tribes in establishing participating programs, conducting levee inventories, and carrying out this title. - (B) Requirements— To be eligible to receive grants under this section, a State or Indian tribe shall— - (i) meet the requirements of a participating program established by the guidelines issued under paragraph (1); - (ii) use not less than 25 percent of any amounts received to identify and assess non-Federal levees within the State or on land of the Indian tribe; - (iii) submit to the Secretary any information collected by the State or Indian tribe in carrying out this subsection for inclusion in the national levee safety database; and - (iv) identify actions to address hazard mitigation activities associated with levees and leveed areas identified in the hazard mitigation plan of the State approved by the Administrator of the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). - (C) Measures to assess effectiveness— Not later than 1 year after the enactment of this Act, the Secretary shall implement quantifiable performance measures and metrics to assess the effectiveness of the grant program established in accordance with subparagraph (A). - (j) Levee rehabilitation assistance program— - (1) Establishment— The Secretary Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, shall establish a program under which the Secretary shall provide assistance to States, Indian tribes, and local governments in addressing flood mitigation activities that result in an overall reduction in flood risk. - (2) Requirements— To be eligible to receive assistance under this subsection, a State, Indian tribe, or local government shall— - (A) participate in, and comply with, all applicable Federal floodplain management and flood insurance programs; - (B) have in place a hazard mitigation plan that— - (i) includes all levee risks; and - (ii) complies with the Disaster Mitigation Act of 2000 (Public Law 106–390; 114 Stat. 1552); - (C) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and - (D) comply with such minimum eligibility requirements as the Secretary, in consultation with the Board, may establish to ensure that each owner and operator of a levee under a participating State or tribal levee safety program— - (i) acts in accordance with the guidelines developed in subsection (c); and - (ii) carries out activities relating to the public in the leveed area in accordance with the hazard mitigation plan described in subparagraph (B). - (3) Floodplain management plans— - (A) In general— Not later than 1 year after the date of execution of a project agreement for assistance under this subsection, a State, Indian tribe, or local government shall prepare a floodplain management plan in accordance with the guidelines under subparagraph (D) to reduce the impacts of future flood events in each applicable leveed area. - (B) Inclusions— A plan under subparagraph (A) shall address potential measures, practices, and policies to reduce loss of life, injuries, damage to property and facilities, public expenditures, and other adverse impacts of flooding in each applicable leveed area. - (C) Implementation— Not later than 1 year after the date of completion of construction of the applicable project, a floodplain management plan prepared under subparagraph (A) shall be implemented. - (D) Guidelines— Not later than 180 days after the date of enactment of this Act, the Secretary Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, shall develop such guidelines for the preparation of floodplain management plans prepared under this paragraph as the Secretary determines to be appropriate. - (E) Technical support— The Secretary may provide technical support for the development and implementation of floodplain management plans prepared under this paragraph. - (4) Use of funds— - (A) In general— Assistance provided under this subsection may be used— - (i) for any rehabilitation activity to maximize overall risk reduction associated with a levee under a participating State or tribal levee safety program; and - (ii) only for a levee that is not federally operated and maintained. - (B) Prohibition— Assistance provided under this subsection shall not be used— - (i) to perform routine operation or maintenance for a levee; or - (ii) to make any modification to a levee that does not result in an improvement to public safety. - (5) No proprietary interest— A contract for assistance provided under this subsection shall not be considered to confer any proprietary interest on the United States. - (6) Cost-share— The maximum Federal share of the cost of any assistance provided under this subsection shall be 65 percent. - (7) Project limit— The maximum amount of Federal assistance for a project under this subsection shall be $10,000,000. - (8) Other laws— Assistance provided under this subsection shall be subject to all applicable laws (including regulations) that apply to the construction of a civil works project of the Corps of Engineers. - (k) Effect of section— Nothing in this section confers any regulatory authority on—section— - (1) affects the requirement under section 100226(b)(2) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101 note; 126 Stat. 942); or - (2) confers any regulatory authority on— - (A) [was (12)(3)] the Secretary; or - (B) the Director of the Federal Emergency Management Agency, including for the purpose of setting premium rates under the national flood insurance program established under chapter 1 of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.). - (2) the Director of the Federal Emergency Management Agency. ## Sec. 6005 National levee safety advisory board - (a) Establishment— The Secretary, in coordination with the Administrator of the Federal Emergency Management Agency, shall establish a board, to be known as the “National Levee Safety Advisory Board”— - (1) to advise the Secretary and Congress regarding consistent approaches to levee safety; - (2) to monitor the safety of levees in the United States; - (3) to assess the effectiveness of the national levee safety program; and - (4) to ensure that the national levee safety program is carried out in a manner that is consistent with other Federal flood risk management efforts. - (b) Membership— - (1) Voting members— The Board shall be composed of the following 14 voting members, each of whom shall be appointed by the Secretary, with priority consideration given to representatives from those States that have the most Corps of Engineers levees in the State, based on mileage: - (A) 8 representatives of State levee safety programs, 1 from each of the civil works divisions of the Corps of Engineers. - (B) 2 representatives of the private sector who have expertise in levee safety. - (C) 2 representatives of local and regional governmental agencies who have expertise in levee safety. - (D) 2 representatives of Indian tribes who have expertise in levee safety. - (2) Nonvoting members— The Secretary (or a designee of the Secretary), the Administrator of the Federal Emergency Management Agency (or a designee of the Administrator), and the administrator of the national levee safety program appointed under section 6004(b)(1)(A) shall serve as nonvoting members of the Board. - (3) Chairperson— The voting members of the Board shall appoint a chairperson from among the voting members of the Board, to serve a term of not more than 2 years. - (c) Qualifications— - (1) Individuals— Each voting member of the Board shall be knowledgeable in the field of levee safety, including water resources and flood risk management. - (2) As a whole— The membership of the Board, considered as a whole, shall represent the diversity of skills required to advise the Secretary regarding levee issues relating to— - (A) engineering; - (B) public communications; - (C) program development and oversight; - (D) with respect to levees, flood risk management and hazard mitigation; and - (E) public safety and the environment. - (d) Terms of service— - (1) In general— A voting member of the Board shall be appointed for a term of 3 years, except that, of the members first appointed— - (A) 5 shall be appointed for a term of 1 year; - (B) 5 shall be appointed for a term of 2 years; and - (C) 4 shall be appointed for a term of 3 years. - (2) Reappointment— A voting member of the Board may be reappointed to the Board, as the Secretary determines to be appropriate. - (3) Vacancies— A vacancy on the Board shall be filled in the same manner as the original appointment was made. - (e) Standing committees— - (1) In general— The Board shall be supported by Standing Committees, which shall be comprised of volunteers from all levels of government and the private sector, to advise the Board regarding the national levee safety program. - (2) Establishment— The Standing Committees of the Board shall include— - (A) the Standing Committee on Participating Programs, which shall advise the Board regarding— - (i) the development and implementation of State and tribal levee safety programs; and - (ii) appropriate incentives (including financial assistance) to be provided to States, Indian tribes, and local and regional entities; - (B) the Standing Committee on Technical Issues, which shall advise the Board regarding— - (i) the management of the national levee database; - (ii) the development and maintenance of levee safety guidelines; - (iii) processes and materials for developing levee-related technical assistance and training; and - (iv) research and development activities relating to levee safety; - (C) the Standing Committee on Public Education and Awareness, which shall advise the Board regarding the development, implementation, and evaluation of targeted public outreach programs— - (i) to gather public input; - (ii) to educate and raise awareness in leveed areas of levee risks; - (iii) to communicate information regarding participating programs; and - (iv) to track the effectiveness of public education efforts relating to levee risks; - (D) the Standing Committee on Safety and Environment, which shall advise the Board regarding— - (i) operation and maintenance activities for existing levee projects; - (ii) opportunities to coordinate public safety, floodplain management, and environmental protection activities relating to levees; - (iii) opportunities to coordinate environmental permitting processes for operation and maintenance activities at existing levee projects in compliance with all applicable laws; and - (iv) opportunities for collaboration by environmental protection and public safety interests in leveed areas and adjacent areas; and - (E) such other standing committees as the Secretary, in consultation with the Board, determines to be necessary. - (3) Membership— - (A) In general— The Board shall recommend to the Secretary for approval individuals for membership on the Standing Committees. - (B) Qualifications— - (i) Individuals— Each member of a Standing Committee shall be knowledgeable in the issue areas for which the Committee is charged with advising the Board. - (ii) As a whole— The membership of each Standing Committee, considered as a whole, shall represent, to the maximum extent practicable, broad geographical diversity. - (C) Limitation— Each Standing Committee shall be comprised of not more than 10 members. - (f) Duties and powers— The Board— - (1) shall submit to the Secretary and Congress an annual report regarding the effectiveness of the national levee safety program in accordance with section 6007; and - (2) may secure from other Federal agencies such services, and enter into such contracts, as the Board determines to be necessary to carry out this subsection. - (g) Task force coordination— The Board shall, to the maximum extent practicable, coordinate the activities of the Board with the Federal Interagency Floodplain Management Task Force. - (h) Compensation— - (1) Federal employees— Each member of the Board who is an officer or employee of the United States shall serve without compensation in addition to compensation received for the services of the member as an officer or employee of the United States, but shall be allowed a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Board. - (2) Non-federal employees— To the extent amounts are made available to carry out this section in appropriations Acts, the Secretary shall provide to each member of the Board who is not an officer or employee of the United States a stipend and a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in performance of services for the Board. - (3) Standing committee members— Each member of a Standing Committee shall— - (A) serve in a voluntary capacity; but - (B) receive a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in performance of services for the Board. - (i) Nonapplicability of faca—FACA— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board or the Standing Committees. ## Sec. 7004 Major rehabilitation standards - Section 205(1)(E)(ii) of the Water Resources Development Act of 1992 (33 U.S.C. 2327(1)(E)(ii)) is amended by striking “$8,000,000” and inserting “$20,000,000”. - (a) In general— The Secretary shall develop a methodology for applying standard accounting principles when classifying activities as major rehabilitation projects. - (b) Evaluations— The Secretary shall evaluate the effect of applying the methodology developed under subsection (a) to not less than 3 qualifying projects. - (c) Report— The Secretary shall submit to Congress a report on the evaluation under subsection (b). ## Sec. 7007 GAO study, Olmsted Locks and Dam, Lower Ohio River, Illinois and Kentucky — added - As soon as practicable after the date of enactment of this Act, the Comptroller General of the United States shall conduct, and submit to Congress a report describing the results of, a study to determine why, and to what extent, the project for navigation, Lower Ohio River, Locks and Dams 52 and 53, Illinois and Kentucky (commonly known as the “Olmsted Locks and Dam project”), authorized by section 3(a)(6) of the Water Resources Development Act of 1988 (102 Stat. 4013), has exceeded the budget for the project and the reasons why the project failed to be completed as scheduled, including an assessment of— - (1) engineering methods used for the project; - (2) the management of the project; - (3) contracting for the project; - (4) the cost to the United States of benefits foregone due to project delays; and - (5) such other contributory factors as the Comptroller General determines to be appropriate. ## Sec. 7008 Olmsted Locks and Dam, Lower Ohio River, Illinois and Kentucky — added - Section 3(a)(6) of the Water Resources Development Act of 1988 (102 Stat. 4013) is amended by striking “and with the costs of construction” and all that follows through the period at the end and inserting “which amounts remaining after the date of enactment of this Act shall be appropriated from the general fund of the Treasury.”. ## Sec. 8002 Purposes - The purposes of this title are— - (1) to ensure that revenues collected into the Harbor Maintenance Trust Fund are used for the intended purposes of those revenues; - (2) to increase investment in the operation and maintenance of United States ports, which are critical for the economic competitiveness of the United States; - (3) to promote equity among ports nationwide; andnationwide; - (4) to ensure United States ports are prepared to meet modern shipping needs, including the capability to receive large ships that require deeper drafts.drafts; and - (5) to prevent cargo diversion from United States ports. ## Sec. 8003 Funding for harbor maintenance programs - (a) Definitions— In this section: - (a) Harbor maintenance trust fund guarantee— - (1) In general— The total budget resources made available from the Harbor Maintenance Trust Fund each fiscal year pursuant to section 9505(c) of the Internal Revenue Code of 1986 (relating to expenditures from the Harbor Maintenance Trust Fund) shall be equal to the level of receipts plus interest credited to the Harbor Maintenance Trust Fund for that fiscal year. Such amounts may be used only for harbor maintenance programs described in section 9505(c) of such Code. - (2) Guarantee— No funds may be appropriated for harbor maintenance programs described in such section unless the amount described in paragraph (1) has been provided. - (b) Definitions— In this section, the following definitions apply: - (1) [was (3)(3)] Total budget resources— The term total budget resources means the total amount made available by appropriations Acts from the Harbor Maintenance Trust Fund for a fiscal year for making expenditures under section 9505(c) of the Internal Revenue Code of 1986. - (2) Level of receipts plus interest— The term level of receipts plus interest means the level of taxes and interest credited to the Harbor Maintenance Trust Fund under section 9505 of the Internal Revenue Code of 1986 for a fiscal year as set forth in the President’s budget baseline projection, as determined under section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907) for that fiscal year submitted pursuant to section 1105 of title 31, United States Code. - (b) Minimum resources— - (1) Minimum Resources— - (A) In general— The total budget resources made available to the Secretary from the Harbor Maintenance Trust Fund shall be not less than the lesser of— - (i) - (I) for fiscal year 2014, $1,000,000,000; - (II) for fiscal year 2015, $1,100,000,000; - (III) for fiscal year 2016, $1,200,000,000; - (IV) for fiscal year 2017, $1,300,000,000; - (V) for fiscal year 2018, $1,400,000,000; and - (VI) for fiscal year 2019, $1,500,000,000; and - (ii) the level of receipts plus interest credited to the Harbor Maintenance Trust Fund for that fiscal year. - (B) Fiscal year 2020 and subsequent fiscal years— For fiscal year 2020 and each fiscal year thereafter, the total budget resources made available to the Secretary from the Harbor Maintenance Trust Fund shall be not less than the level of receipts plus interest credited to the Harbor Maintenance Trust Fund for that fiscal year. - (2) Use of amounts— The amounts described in paragraph (1) may be used only for harbor maintenance programs described in section 9505(c) of the Internal Revenue Code of 1986. - (c) Impact on other funds— - (1) In general— Subject to paragraph (3), subsection (b)(1) shall not apply if providing the minimum resources required under that subsection would result in making the amounts made available for the applicable fiscal year to carry out all programs, projects, and activities of the civil works program of the Corps of Engineers, other than the harbor maintenance programs, to be less than the amounts made available for those purposes in the previous fiscal year. - (2) Calculation of amounts— For each fiscal year, the amounts made available to carry out all programs, projects, and activities of the civil works program of the Corps of Engineers shall not include any amounts that are designated by Congress— - (A) as being for emergency requirements pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)); or - (B) as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)). - (3) Exceptions— Paragraph (1) shall not apply if— - (A) amounts made available for the civil works program of the Corps of Engineers for a fiscal year are less than the amounts made available for the civil works program in the previous fiscal year; and - (B) the reduction in amounts made available— - (i) applies to all discretionary funds and programs of the Federal Government; and - (ii) is applied to the civil works program in the same percentage and manner as other discretionary funds and programs. - (2) Level of receipts plus interest— The term level of receipts plus interest means the level of taxes and interest credited to the Harbor Maintenance Trust Fund under section 9505 of the Internal Revenue Code of 1986 for a fiscal year as set forth in the President’s budget baseline projection as defined in section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177; 99 Stat. 1092) for that fiscal year submitted pursuant to section 1105 of title 31, United States Code. - (c) Enforcement of guarantees— It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause total budget resources in a fiscal year for harbor maintenance programs described in subsection (b)(1) for such fiscal year to be less than the amount required by subsection (a)(1) for such fiscal year. ## Sec. 8004 Harbor Maintenance Trust Fund prioritization - (a) Policy— It is the policy of the United States that the primary use of the Harbor Maintenance Trust Fund is for maintaining the constructed widths and depths of the commercial ports and harbors of the United States, and those functions should be given first consideration in the budgeting of Harbor Maintenance Trust Fund allocations. - (b) [was (2)] In general— Section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238) is amended by adding at the end the following: - “(c) Prioritization - “(1) Definitions—In this subsection: - “(A) Constructed width and depth—The term constructed width and depth means the depth to which a project has been constructed, which shall not exceed the authorized width and depth of the project. - “(B) Great Lakes Navigation System—The term Great Lakes Navigation System includes— - “(i) - “(I) Lake Superior; - “(II) Lake Huron; - “(III) Lake Michigan; - “(IV) Lake Erie; and - “(V) Lake Ontario; - “(ii) all connecting waters between the lakes referred to in clause (i) used for commercial navigation; - “(iii) any navigation features in the lakes referred to in clause (i) or waters described in clause (ii) that are a Federal operation or maintenance responsibility; and - “(iv) areas of the Saint Lawrence River that are operated or maintained by the Federal Government for commercial navigation. - “(C) High-use deep draft - “(i) In general—The term high-use deep draft means a project that has a depth of greater than 14 feet with not less than 10,000,000 tons of cargo annually. - “(ii) Exclusion—The term high-use deep draft does not include a project located in the Great Lakes Navigation System. - “(D) Low-use port—The term low-use port means a port at which not more than 1,000,000 tons of cargo are transported each calendar year. - “(E) Moderate-use port—The term moderate-use port means a port at which more than 1,000,000, but fewer than 10,000,000, tons of cargo are transported each calendar year. - “(2) Priority—Of the amounts made available under this section to carry out projects described in subsection (a)(2) that are in excess of the amounts made available to carry out those projects in fiscal year 2012, the Secretary of the Army, acting through the Chief of Engineers, shall give priority to those projects in the following order: - “(A) - “(i) In any fiscal year in which all projects subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation) are not maintained to their constructed width and depth, the Secretary shall prioritize amounts made available under this section for those projects that are high-use deep draft and are a priority for navigation in the Great Lakes Navigation System. - “(ii) Of the amounts made available under clause (i)— - “(I) 80 percent shall be used for projects that are high-use deep draft; and - “(II) 20 percent shall be used for projects that are a priority for navigation in the Great Lakes Navigation System. - “(B) In any fiscal year in which all projects identified as high-use deep draft are maintained to their constructed width and depth, the Secretary shall— - “(i) equally divide among each of the districts of the Corps of Engineers in which eligible projects are located 10 percent of remaining amounts made available under this section for moderate-use and low-use port projects— - “(I) that have been maintained at less than their constructed width and depth due to insufficient federal funding during the preceding 6 fiscal years; and - “(II) for which significant State and local investments in infrastructure have been made at those projects during the preceding 6 fiscal years; and - “(ii) prioritize any remaining amounts made available under this section for those projects that are not maintained to the minimum width and depth necessary to provide sufficient clearance for fully loaded commercial vessels using those projects to maneuver safely. - “(3) Administration—For purposes of this subsection, State and local investments in infrastructure shall include infrastructure investments made using amounts made available for activities under section 105(a)(9) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(9)). - “(4) Exceptions—The Secretary may prioritize a project not identified in paragraph (2) if the Secretary determines that funding for the project is necessary to address— - “(A) hazardous navigation conditions; or - “(B) impacts of natural disasters, including storms and droughts. - “(5) Reports to Congress—Not later than September 30, 2013, and annually thereafter, the Secretary shall submit to Congress a report that describes, with respect to the preceding fiscal year— - “(A) the amount of funds used to maintain high-use deep draft projects and projects at moderate-use ports and low-use ports to the constructed depth and width of the projects; - “(B) the respective percentage of total funds provided under this section used for high use deep draft projects and projects at moderate-use ports and low-use ports; - “(C) the remaining amount of funds made available to carry out this section, if any; and - “(D) any additional amounts needed to maintain the high-use deep draft projects and projects at moderate-use ports and low-use ports to the constructed depth and width of the projects.” - “(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: - “(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— - “(i) that are high-use deep draft; and - “(ii) for which construction is completed. - “(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— - “(i) that have been maintained below their authorized width and depth during the preceding 5 fiscal years; and - “(ii) for which significant Federal, State, and local investments in infrastructure have been made at those projects. - “(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)).” - (c) [was (3)] Operation and maintenance— Section 101(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(b)) is amended— - (1) [was (3)(3)] in paragraph (1), by striking “45 feet” and inserting “50 feet”; and - (2) [was (3)(4)] by adding at the end the following: - “(3) Operation and maintenance activities defined - “(A) Scope of operation and maintenance activities—Notwithstanding any other provision of law (including regulations and guidelines) and subject to subparagraph (B), for purposes of this subsection, operation and maintenance activities that are eligible for the Federal cost share under paragraph (1) shall include— - “(i) the dredging of berths in a harbor that is accessible to a Federal channel, if the Federal channel has been constructed to a depth equal to the authorized depth of the channel; and - “(ii) the dredging and disposal of legacy-contaminated sediments and sediments unsuitable for ocean disposal that— - “(I) are located in or affect the maintenance of Federal navigation channels; or - “(II) are located in berths that are accessible to Federal channels. - “(B) Limitations - “(i) In general—For each fiscal year, subject to section 210(c)(2), subparagraph (A) shall only apply— - “(I) to the amounts made available under section 210 to carry out projects described in subsection (a)(2) of that section that are in excess of the amounts made available to carry out those projects in fiscal year 2012; and - “(II) if, in that fiscal year, all projects identified as high-use deep draft (as defined in section 210(c)) are maintained to their constructed width and depth. - “(ii) State limitation—For each fiscal year, the operation and maintenance activities described in subparagraph (A) may only be carried out in a State— - “(I) in which the total amounts collected pursuant to section 4461 of the Internal Revenue Code of 1986 comprise not less than 2.5 percent annually of the total funding of the Harbor Maintenance Trust Fund established under section 9505 of the Internal Revenue Code of 1986; and - “(II) that received less than 50 percent of the total amounts collected in that State pursuant to section 4461 of the Internal Revenue Code of 1986 in the previous 3 fiscal years. - “(iii) Prioritization—In allocating amounts made available under this paragraph, the Secretary shall give priority to projects that have received the lowest amount of funding from the Harbor Maintenance Trust Fund in comparison to the amount of funding contributed to the Harbor Maintenance Trust Fund in the previous 3 fiscal years. - “(iv) Maximum amount—The total amount made available in each fiscal year to carry out this paragraph shall not exceed the lesser of— - “(I) amount that is equal to 40 percent of the amounts made available under section 210 to carry out projects described in subsection (a)(2) of that section that are in excess of the amounts made available to carry out those projects in fiscal year 2012; and - “(II) the amount that is equal to 20 percent of the amounts made available under section 210 to carry out projects described in subsection (a)(2) of that section. - “(4) Donor ports and ports contributing to energy production - “(A) Definitions—In this paragraph: - “(i) Cargo container—The term ‘cargo container’ means a cargo container that is 1 Twenty-foot Equivalent Unit. - “(ii) Eligible donor port—The term, eligible donor port means a port— - “(I) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation); - “(II) - “(aa) at which the total amounts collected pursuant to section 4461 of the Internal Revenue Code of 1986 comprise not less than $15,000,000 annually of the total funding of the Harbor Maintenance Trust Fund established under section 9505 of the Internal Revenue Code of 1986; and - “(bb) that received less than 25 percent of the total amounts collected at that port pursuant to section 4461 of the Internal Revenue Code of 1986 in the previous 5 fiscal years; and - “(III) that is located in a State in which more than 2,000,000 cargo containers were unloaded from or loaded on to vessels in calendar year 2011. - “(iii) Eligible energy transfer port—The term eligible energy transfer port means a port— - “(I) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulation (or successor regulation); and - “(II) - “(aa) at which energy commodities comprised greater than 25 percent of all commercial activity by tonnage in calendar year 2011; and - “(bb) through which more than 40 million tons of cargo were transported in calendar year 2011. - “(iv) Energy commodity—The term energy commodity includes— - “(I) petroleum products; - “(II) natural gas; - “(III) coal; - “(IV) wind and solar energy components; and - “(V) biofuels. - “(B) Additional uses - “(i) In general—Subject to appropriations, the Secretary may provide to eligible donor ports and eligible energy transfer ports amounts in accordance with clause (ii). - “(ii) Limitations—The amounts described in clause (i)— - “(I) made available for eligible energy transfer ports shall be divided equally among all States with an eligible energy transfer port; and - “(II) shall be made available only to a port as either an eligible donor port or an eligible energy transfer port. - “(C) Uses—Amounts provided to an eligible port under this paragraph may only be used by that port— - “(i) to provide payments to importers entering cargo or shippers transporting cargo through an eligible donor port or eligible energy transfer port, as calculated by U.S. Customs and Border Protection; - “(ii) to dredge berths in a harbor that is accessible to a Federal channel; - “(iii) to dredge and dispose of legacy-contaminated sediments and sediments unsuitable for ocean disposal that— - “(I) are located in or affect the maintenance of Federal navigation channels; or - “(II) are located in berths that are accessible to Federal channels; or - “(iv) for environmental remediation related to dredging berths and Federal navigation channels. - “(D) Administration of payments—If an eligible donor port or eligible energy transfer port elects to provide payments to importers or shippers in accordance with subparagraph (C)(i), the Secretary shall transfer the amounts that would be provided to the port under this paragraph to the Commissioner of U.S. Customs and Border Protection to provide the payments to the importers or shippers. - “(E) Authorization of appropriations - “(i) In general—For fiscal years 2014 through 2024, if the total amounts made available from the Harbor Maintenance Trust Fund exceed the total amounts made available from the Harbor Maintenance Trust Fund in fiscal year 2012, there is authorized to be appropriated from the Harbor Maintenance Trust Fund to carry out this paragraph the sum obtained by adding— - “(I) $50,000,000; and - “(II) the amount that is equal to 10 percent of the amounts made available under section 210 to carry out projects described in subsection (a)(2) of that section that are in excess of the amounts made available to carry out those projects in fiscal year 2012. - “(ii) Division between eligible donor ports and eligible energy transfer ports—For each fiscal year, amounts made available shall be divided equally between eligible donor ports and eligible energy transfer ports.” - “(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. - “(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— - “(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 - “(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. - “(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.” - (d) [was (4)] Conforming amendment— Section 9505(c)(1) of the Internal Revenue Code of 1986 is amended by striking “as in effect on the date of the enactment of the Water Resources Development Act of 1996” and inserting “as in effect on the date of the enactment of the Harbor Maintenance Trust Fund Act of 2013”. ## Sec. 8005 Harbor maintenance trust fund study - (a) Definitions— In this section: - (a) Point of order— - (1) In general— Subject to subsections (b) and (c), it shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would result in making the amounts made available for a given fiscal year to carry out all programs, projects, and activities of the civil works program of the Corps of Engineers other than the harbor maintenance programs to be less than the amounts made available for those purposes in the previous fiscal year. - (1) Calculation of amounts—Low-use port— For each fiscal year, the amounts made available to carry out all programs, projects, and activities of the civil works program of the Corps of Engineers shall The term “low-use port” means a port at which not include any amounts that more than 1,000,000 tons of cargo are designated by Congress—transported each calendar year. - (2) Moderate-use port— The term moderate-use port means a port at which more than 1,000,000, but fewer than 10,000,000, tons of cargo are transported each calendar year. - (A) as being for emergency requirements pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)); or - (B) as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)). - (b) Exceptions—Study— Subsection (a) shall not apply if amounts made available for Not later than 270 days after the civil works program date of the Corps enactment of Engineers for a fiscal year is less than the amounts made available for the civil works program in this Act, the previous fiscal year if Comptroller General of the reduction in amounts made available—United States shall carry out a study and submit to Congress a report that— - (1) applies to all discretionary funds and programs evaluates the effectiveness of activities funded by the Federal Government; Harbor Maintenance Trust Fund in maximizing economic growth and job creation in the communities surrounding low- and moderate-use ports; and - (2) is applied includes recommendations relating to the civil works program use of amounts in the same percentage and manner as other discretionary funds Harbor Maintenance Trust Fund to increase the competitiveness of United States ports relative to Canadian and programs.Mexican ports. - (c) Waiver and appeal— - (1) Senate— - (A) In general— Subsection (a) may be waived or suspended in the Senate only by an affirmative vote of 3⁄5 of the Members of the Senate, duly chosen and sworn. - (B) Appeal— An affirmative vote of 3⁄5 of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a). - (2) House of representatives— The Committee on Rules of the House of Representatives may not report a rule or order that would waive a point of order to a bill or joint resolution from being made under subsection (a). ## Sec. 10003 Definitions - In this title: - (1) Administrator— The term “Administrator” means the Administrator of the Environmental Protection Agency. - (2) Community water system— The term community water system has the meaning given the term in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f). - (3) Federal credit instrument— The term Federal credit instrument means a secured loan or loan guarantee authorized to be made available under this title with respect to a project. - (4) Investment-grade rating— The term investment-grade rating means a rating of BBB minus, Baa3, bbb minus, BBB (low), or higher assigned by a rating agency to project obligations. - (5) Lender— - (A) In general— The term lender means any non-Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulations (or a successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 (15 U.S.C. 77a et seq.)). - (B) Inclusions— The term lender includes— - (i) a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986) that is a qualified institutional buyer; and - (ii) a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986) that is a qualified institutional buyer. - (6) Loan guarantee— The term loan guarantee means any guarantee or other pledge by the Secretary or the Administrator to pay all or part of the principal of, and interest on, a loan or other debt obligation issued by an obligor and funded by a lender. - (7) Obligor— The term obligor means an eligible entity that is primarily liable for payment of the principal of, or interest on, a Federal credit instrument. - (8) Project obligation— - (A) In general— The term project obligation means any note, bond, debenture, or other debt obligation issued by an obligor in connection with the financing of a project. - (B) Exclusion— The term project obligation does not include a Federal credit instrument. - (9) Rating agency— The term rating agency means a credit rating agency registered with the Securities and Exchange Commission as a nationally recognized statistical rating organization (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))). - (10) Rural water infrastructure project— The term “rural water infrastructure project” means a project that— - (A) is described in section 10007; and - (B) is located in a water system that serves not more than 25,000 individuals. - (11) [was (12)] Secured loan— The term secured loan means a direct loan or other debt obligation issued by an obligor and funded by the Secretary in connection with the financing of a project under section 10010. - (12) [was (13)] State— The term State means— - (A) [was (13)(3)] a State; - (B) [was (13)(4)] the District of Columbia; - (C) [was (13)(5)] the Commonwealth of Puerto Rico; and - (D) [was (13)(6)] any other territory or possession of the United States. - (13) [was (14)] State infrastructure financing authority— The term State infrastructure financing authority means the State entity established or designated by the Governor of a State to receive a capitalization grant provided by, or otherwise carry out the requirements of, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et. seq.) or section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12). - (14) [was (15)] Subsidy amount— The term subsidy amount means the amount of budget authority sufficient to cover the estimated long-term cost to the Federal Government of a Federal credit instrument, as calculated on a net present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). - (15) [was (16)] Substantial completion— The term substantial completion, with respect to a project, means the earliest date on which a project is considered to perform the functions for which the project is designed. - (16) [was (17)] Treatment works— The term treatment works has the meaning given the term in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292). ## Sec. 10007 Projects eligible for assistance - The following projects may be carried out with amounts made available under this title: - (1) A project for flood control or hurricane and storm damage reduction that the Secretary has determined is technically sound, economically justified, and environmentally acceptable, including— - (A) a structural or nonstructural measure to reduce flood risk, enhance stream flow, or protect natural resources; and - (B) a levee, dam, tunnel, aqueduct, reservoir, or other related water infrastructure. - (2) 1 or more activities that are eligible for assistance under section 603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)), notwithstanding the public ownership requirement under paragraph (1) of that subsection. - (3) 1 or more activities described in section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j–12(a)(2)). - (4) A project for enhanced energy efficiency in the operation of a public water system.system or a publicly owned treatment works. - (5) A project for repair, rehabilitation, or replacement of a treatment works, community water system, or aging water distribution facility.or waste collection facility (including a facility that serves a population or community of an Indian reservation). - (6) A brackish or sea water desalination project, a managed aquifer recharge project, or a water recycling project. - (7) Acquisition of real property or an interest in real property— - (A) if the acquisition is integral to a project described in paragraphs (1) through (6); or - (B) pursuant to an existing plan that, in the judgment of the Administrator or the Secretary, as applicable, would mitigate the environmental impacts of water resources infrastructure projects otherwise eligible for assistance under this section. - (8) A combination of projects, each of which is eligible under paragraph (2) or (3), for which a State infrastructure financing authority submits to the Administrator a single application. - (9) A combination of projects secured by a common security pledge, each of which is eligible under paragraph (1), (2), (3), (4), (5), (6), or (7), for which an eligible entity, or a combination of eligible entities, submits a single application. ## Sec. 10009 Determination of eligibility and project selection - (a) Eligibility requirements— To be eligible to receive financial assistance under this title, a project shall meet the following criteria, as determined by the Secretary or Administrator, as applicable: - (1) Creditworthiness— - (A) In general— Subject to subparagraph (B), the project shall be creditworthy, which shall be determined by the Secretary or the Administrator, as applicable, who shall ensure that any financing for the project has appropriate security features, such as a rate covenant, to ensure repayment. - (B) Preliminary rating opinion letter— The Secretary or the Administrator, as applicable, shall require each project applicant to provide a preliminary rating opinion letter from at least 1 rating agency indicating that the senior obligations of the project (which may be the Federal credit instrument) have the potential to achieve an investment-grade rating. - (C) Special rule for certain combined projects— The Administrator shall develop a credit evaluation process for a Federal credit instrument provided to a State infrastructure financing authority for a project under section 10007(8) or an entity for a project under section 10007(9), which may include requiring the provision of a preliminary rating opinion letter from at least 1 rating agency. - (2) Eligible project costs— - (A) In general— Subject to subparagraph (B), the eligible project costs of a project shall be reasonably anticipated to be not less than $20,000,000. - (B) Rural water infrastructure projects— For rural water infrastructure projects, the eligible project costs of a project shall be reasonably anticipated to be not less than $5,000,000. - (2) Eligible project costs— The eligible project costs of a project shall be reasonably anticipated to be not less than $20,000,000. - (3) Dedicated revenue sources— The Federal credit instrument for the project shall be repayable, in whole or in part, from dedicated revenue sources that also secure the project obligations. - (4) Public sponsorship of private entities— In the case of a project carried out by an entity that is not a State or local government or an agency or instrumentality of a State or local government, government or a tribal government or consortium of tribal governments, the project shall be publicly sponsored. - (5) Limitation— No project receiving Federal credit assistance under this title may be financed or refinanced (directly or indirectly), in whole or in part, with proceeds of any obligation— - (A) the interest on which is exempt from the tax imposed under chapter 1 of the Internal Revenue Code of 1986; or - (B) with respect to which credit is allowable under subpart I or J of part IV of subchapter A of chapter 1 of such Code. - (b) Selection criteria— - (1) Establishment— The Secretary or the Administrator, as applicable, shall establish criteria for the selection of projects that meet the eligibility requirements of subsection (a), in accordance with paragraph (2). - (2) Criteria— The selection criteria shall include the following: - (A) The extent to which the project is nationally or regionally significant, with respect to the generation of economic and public benefits, such as— - (i) the reduction of flood risk; - (ii) the improvement of water quality;quality and quantity, including aquifer recharge; - (iii) the protection of drinking water; and - (iv) the support of international commerce. - (B) The extent to which the project financing plan includes public or private financing in addition to assistance under this title. - (C) The likelihood that assistance under this title would enable the project to proceed at an earlier date than the project would otherwise be able to proceed. - (D) The extent to which the project uses new or innovative approaches. - (E) The amount of budget authority required to fund the Federal credit instrument made available under this title. - (F) The extent to which the project— - (i) protects against extreme weather events, such as floods or hurricanes; or - (ii) helps maintain or protect the environment. - (G) The extent to which a project serves regions with significant energy exploration, development, or production areas. - (H) The extent to which a project serves regions with significant water resource challenges, including the need to address— - (i) water quality concerns in areas of regional, national, or international significance; - (ii) water quantity concerns related to groundwater, surface water, or other water sources; - (iii) significant flood risk; - (iv) water resource challenges identified in existing regional, State, or multistate agreements; or - (v) water resources with exceptional recreational value or ecological importance. - (I) The extent to which assistance under this title reduces the contribution of Federal assistance to the project. - (3) Special rule for certain combined projects— For a project described in section 10007(8), the Administrator shall only consider the criteria described in subparagraphs (B) through (I) of paragraph (2). - (c) Federal requirements— Nothing in this section supersedes the applicability of other requirements of Federal law (including regulations). ## Sec. 10012 State, tribal, and local permits - The provision of financial assistance for project under this title shall not— - (1) relieve any recipient of the assistance of any obligation to obtain any required State State, local, or local tribal permit or approval with respect to the project; - (2) limit the right of any unit of State State, local, or local tribal government to approve or regulate any rate of return on private equity invested in the project; or - (3) otherwise supersede any State State, local, or local tribal law (including any regulation) applicable to the construction or operation of the project. ## Sec. 10015 Report to Congress - Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary or the Administrator, as applicable, shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report summarizing for the projects that are receiving, or have received, assistance under this title— - (1) the financial performance of those projects, including a recommendation as to whether the objectives of this title are being met; and - (2) the public benefit provided by those projects, including, as applicable, water quality and water quantity improvement, the protection of drinking water, and the reduction of flood risk. ## Sec. 10016 Use of American iron, steel, and manufactured goods — added - (a) In general— Except as provided in subsection (b), none of the amounts made available under this Act may be used for the construction, alteration, maintenance, or repair of a project eligible for assistance under this title unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. - (b) Exception— Subsection (a) shall not apply in any case or category of cases in which the Secretary finds that— - (1) applying subsection (a) would be inconsistent with the public interest; - (2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or - (3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. - (c) Public notice— If the Secretary determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the Secretary shall publish in the Federal Register a detailed written justification as to why the provision is being waived. - (d) International agreements— This section shall be applied in a manner consistent with United States obligations under international agreements. ## Sec. 11001 Definition of resilient construction technique - In this title, the term “resilient construction technique” means a construction method that— - (a) In general— Not later than 18 months after the date of enactment of this Act, the Secretary shall enter into an arrangement with the National Academy of Sciences to carry out a study and make recommendations relating to options for reducing risk to human life and property from extreme weather events, such as hurricanes, coastal storms, and inland flooding. - (1) Considerations— The study under subsection (a) shall include—allows a property— - (A) to resist hazards brought on by a major disaster; and - (B) an analysis of strategies and projects, including authorized water resources projects that have not yet been constructed, implemented in the United States and worldwide to respond continue to risk associated with extreme weather events;provide the primary functions of the property after a major disaster; - (2) an analysis of historical extreme weather events and the ability of existing infrastructure to mitigate risks associated with those events; - (3) an estimation of the funding necessary to improve infrastructure in the United States to reduce risk associated with extreme weather events; - (4) an analysis of the adequacy of current funding sources and the identification of potential new funding sources to finance the necessary infrastructure improvements referred to in paragraph (3); and - (5) an analysis of the Federal, State, and local costs of natural disasters and the potential cost-savings associated with implementing mitigation measures. - (2) Coordination— The National Academy of Sciences may cooperate with reduces the National Academy of Public Administration to carry out 1 magnitude or more aspects duration of the study under subsection (a).a disruptive event to a property; and - (3) Publication— Not later than 30 days after completion of the study under subsection (a), has the National Academy of Sciences shall—absorptive capacity, adaptive capacity, and recoverability to withstand a potentially disruptive event. - (1) submit a copy of the study to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and - (2) make a copy of the study available on a publicly accessible Internet site. ## Sec. 11002 Study on risk reduction - (a) In general— Not later than 1 year 18 months after the date of enactment of this Act, the Comptroller General shall submit to Secretary, in coordination with the Committee on Environment and Public Works Secretary of the Senate Interior and the Committee on Transportation and Infrastructure Secretary of Commerce, shall enter into an arrangement with the House National Academy of Representatives Sciences to carry out a study of the strategies used by the Corps of Engineers for the comprehensive management of water resources in response to floods, storms, and droughts, including an historical review of the ability of the Corps of Engineers make recommendations relating to manage infrastructure and respond coastal restoration options for reducing risk to historical drought, storm, human life and flood events.property from extreme weather events, such as hurricanes, coastal storms, and inland flooding. - (b) Considerations— The study under subsection (a) shall address—include— - (1) the extent to which existing water management activities of the Corps an analysis of Engineers can better address strategies and mitigate flood, storm damage, water resources projects, including authorized water resources projects that have not yet been constructed, and drought impacts on a national basis;other projects implemented in the United States and worldwide to respond to risk associated with extreme weather events; - (2) whether existing water resources projects built or maintained by the Corps of Engineers, including dams, levees, floodwalls, flood gates, and other appurtenant infrastructure were designed to adequately address flood, storm, and drought impacts and the extent to which the water resources projects have been successful at addressing those impacts;an analysis of— - (A) historical extreme weather events; - (B) the ability of existing infrastructure to mitigate risks associated with extreme weather events; and - (C) the reduction in long-term costs and vulnerability to infrastructure through the use of resilient construction techniques. - (3) whether a reevaluation identification of existing management proven, science-based approaches and mechanisms for ecosystem protection and identification of natural resources likely to have the Corps of Engineers could result in greater efficiencies in water management greatest need for protection, restoration, and project delivery conservation so that would enable the Corps of Engineers to better prepare for, contain, infrastructure and respond to flood, storm, restoration projects can continue safeguarding the communities in, and drought conditions;sustaining the economy of, the United States; - (4) any recommendations for improving the planning processes an estimation of the Corps of Engineers funding necessary to provide opportunities for comprehensive management of water resources that increases efficiency and improves response improve infrastructure in the United States to flood, storm, and drought conditions; andreduce risk associated with extreme weather events; - (5) any recommendations for improving approaches to rebuilding or restoring infrastructure an analysis of the adequacy of current funding sources and natural resources that contribute the identification of potential new funding sources to risk reduction, such as coastal wetlands, finance the necessary infrastructure improvements referred to prepare for flood and drought.in paragraph (3); and - (6) an analysis of the Federal, State, and local costs of natural disasters and the potential cost-savings associated with implementing mitigation measures. - (c) Coordination— The National Academy of Sciences may cooperate with the National Academy of Public Administration to carry out 1 or more aspects of the study under subsection (a). - (d) Publication— Not later than 30 days after completion of the study under subsection (a), the National Academy of Sciences shall— - (1) submit a copy of the study to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and - (2) make a copy of the study available on a publicly accessible Internet site. ## Sec. 11003 GAO study on management of flood, drought, and storm damage - (a) In general— Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a study of the strategies used by the Corps of Engineers for the comprehensive management of water resources in response to floods, storms, and droughts, including an historical review of the ability of the Corps of Engineers to manage and respond to historical drought, storm, and flood events. - (b) Considerations— The study under subsection (a) shall address— - (a) Watershed assessments— - (1) In general— In an area that the President has declared a major disaster in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), the Secretary may carry out a watershed assessment to identify, to the maximum extent practicable, specific flood risk reduction, hurricane and storm damage reduction, or ecosystem restoration project recommendations that will help to rehabilitate damaged infrastructure and reduce risks to human life and property from future natural disasters. - (2) Existing projects— A watershed assessment carried out paragraph (1) may identify existing projects being carried out under 1 or more of the authorities referred to in subsection (b) (1). - (3) Duplicate watershed assessments— In carrying out a watershed assessment under paragraph (1), the Secretary shall use all existing watershed assessments and related information developed by the Secretary or other Federal, State, or local entities. - (b) Projects— - (1) In general— The Secretary may carry out 1 or more small projects identified in a watershed assessment under subsection (a) that the Secretary would otherwise be authorized to carry out under— - (A) section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s); - (B) section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i); - (C) section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330); - (D) section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a); - (E) section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577); or - (F) section 3 of the Act of August 13, 1946 (33 U.S.C. 426g). - (1) Existing projects— In carrying out a project under paragraph (1), the Secretary shall—extent to which existing water management activities of the Corps of Engineers can better meet the goal of addressing future flooding, drought, and storm damage risks, which shall include analysis of all historical extreme weather events that have been recorded during the previous 5 centuries as well as in the geological record; - (2) whether existing water resources projects built or maintained by the Corps of Engineers, including dams, levees, floodwalls, flood gates, and other appurtenant infrastructure were designed to adequately address flood, storm, and drought impacts and the extent to which the water resources projects have been successful at addressing those impacts; - (3) any recommendations for approaches for repairing, rebuilding, or restoring infrastructure, land, and natural resources that consider the risks and vulnerabilities associated with past and future extreme weather events; - (4) whether a reevaluation of existing management approaches of the Corps of Engineers could result in greater efficiencies in water management and project delivery that would enable the Corps of Engineers to better prepare for, contain, and respond to flood, storm, and drought conditions; - (5) any recommendations for improving the planning processes of the Corps of Engineers to provide opportunities for comprehensive management of water resources that increases efficiency and improves response to flood, storm, and drought conditions; - (6) any recommendations on the use of resilient construction techniques to reduce future vulnerability from flood, storm, and drought conditions; and - (7) any recommendations for improving approaches to rebuilding or restoring infrastructure and natural resources that contribute to risk reduction, such as coastal wetlands, to prepare for flood and drought. - (A) to the maximum extent practicable, use all existing information and studies available for the project; and - (B) not require any element of a study completed for the project prior to the disaster to be repeated. - (c) Requirements— All requirements applicable to a project under the Acts described in subsection (b) shall apply to the project. - (d) Limitations on assessments— - (1) In general— A watershed assessment under subsection (a) shall be initiated not later than 2 years after the date on which the major disaster declaration is issued. - (2) Federal share— The Federal share of the cost of carrying out a watershed assessment under subsection (a) shall not exceed $1,000,000. - (e) Authorization of appropriations— There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2014 through 2018. ## Sec. 11004 Post-disaster watershed assessments — added - (a) Watershed assessments— - (1) In general— In an area that the President has declared a major disaster in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), the Secretary may carry out a watershed assessment to identify, to the maximum extent practicable, specific flood risk reduction, hurricane and storm damage reduction, ecosystem restoration, or navigation project recommendations that will help to rehabilitate and improve the resiliency of damaged infrastructure and natural resources to reduce risks to human life and property from future natural disasters. - (2) Existing projects— A watershed assessment carried out paragraph (1) may identify existing projects being carried out under 1 or more of the authorities referred to in subsection (b) (1). - (3) Duplicate watershed assessments— In carrying out a watershed assessment under paragraph (1), the Secretary shall use all existing watershed assessments and related information developed by the Secretary or other Federal, State, or local entities. - (b) Projects— - (1) In general— The Secretary may carry out 1 or more small projects identified in a watershed assessment under subsection (a) that the Secretary would otherwise be authorized to carry out under— - (A) section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s); - (B) section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i); - (C) section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330); - (D) section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a); - (E) section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577); or - (F) section 3 of the Act of August 13, 1946 (33 U.S.C. 426g). - (2) Existing projects— In carrying out a project under paragraph (1), the Secretary shall— - (A) to the maximum extent practicable, use all existing information and studies available for the project; and - (B) not require any element of a study completed for the project prior to the disaster to be repeated. - (c) Requirements— All requirements applicable to a project under the Acts described in subsection (b) shall apply to the project. - (d) Limitations on assessments— - (1) In general— A watershed assessment under subsection (a) shall be initiated not later than 2 years after the date on which the major disaster declaration is issued. - (2) Federal share— The Federal share of the cost of carrying out a watershed assessment under subsection (a) shall not exceed $1,000,000. - (e) Authorization of appropriations— There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2014 through 2018. ## Sec. 11005 Authority to accept and expend non-Federal amounts — added - The Secretary is authorized to accept and expend amounts provided by non-Federal interests for the purpose of repairing, restoring, or replacing water resources projects that have been damaged or destroyed as a result of a major disaster or other emergency if the Secretary determines that the acceptance and expenditure of those amounts is in the public interest. ## Sec. 12001 Short title — added - This title may be cited as the “National Endowment for the Oceans Act”. ## Sec. 12002 Purposes — added - The purposes of this title are to protect, conserve, restore, and understand the oceans, coasts, and Great Lakes of the United States, ensuring present and future generations will benefit from the full range of ecological, economic, educational, social, cultural, nutritional, and recreational opportunities and services these resources are capable of providing. ## Sec. 12003 Definitions — added - In this title: - (1) Coastal shoreline county— The term coastal shoreline county has the meaning given the term by the Administrator of the Federal Emergency Management Agency for purposes of administering the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.). - (2) Coastal State— The term coastal State has the meaning given the term “coastal state” in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453). - (3) Corpus— The term corpus, with respect to the Endowment fund, means an amount equal to the Federal payments to such fund, amounts contributed to the fund from non-Federal sources, and appreciation from capital gains and reinvestment of income. - (4) Endowment— The term Endowment means the endowment established under subsection (a). - (5) Endowment fund— The term Endowment fund means a fund, or a tax-exempt foundation, established and maintained pursuant to this title by the Foundation for the purposes described in section 12004(a). - (6) Foundation— The term Foundation means the National Fish and Wildlife Foundation established by section 2(a) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701(a)). - (7) Income— The term income, with respect to the Endowment fund, means an amount equal to the dividends and interest accruing from investments of the corpus of such fund. - (8) Indian tribe— The term Indian tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). - (9) Secretary— The term Secretary means the Secretary of Commerce. - (10) Tidal shoreline— The term tidal shoreline has the meaning given that term pursuant to section 923.110(c)(2)(i) of title 15, Code of Federal Regulations, or a similar successor regulation. ## Sec. 12004 National Endowment for the Oceans — added - (a) Establishment— The Secretary and the Foundation are authorized to establish the National Endowment for the Oceans as a permanent Endowment fund, in accordance with this section, to further the purposes of this title and to support the programs established under this title. - (b) Agreements— The Secretary and the Foundation may enter into such agreements as may be necessary to carry out the purposes of this title. - (c) Deposits— There shall be deposited in the Fund, which shall constitute the assets of the Fund, amounts as follows: - (1) Amounts appropriated or otherwise made available to carry out this title. - (2) Amounts earned through investment under subsection (d). - (d) Investments— The Foundation shall invest the Endowment fund corpus and income for the benefit of the Endowment. - (e) Requirements— Any amounts received by the Foundation pursuant to this title shall be subject to the provisions of the National Fish and Wildlife Establishment Act (16 U.S.C. 3701 et seq.), except the provisions of section 10(a) of that Act (16 U.S.C. 3709(a)). - (f) Withdrawals and expenditures— - (1) Allocation of funds— Each fiscal year, the Foundation shall, in consultation with the Secretary, allocate an amount equal to not less than 3 percent and not more than 7 percent of the corpus of the Endowment fund and the income generated from the Endowment fund from the current fiscal year. - (2) Expenditure— Except as provided in paragraph (3), of the amounts allocated under paragraph (1) for each fiscal year— - (A) at least 59 percent shall be used by the Foundation to award grants to coastal States under section 12006(b); - (B) at least 39 percent shall be allocated by the Foundation to award grants under section 12006(c); and - (C) no more than 2 percent may be used by the Secretary and the Foundation for administrative expenses to carry out this title, which amount shall be divided between the Secretary and the Foundation pursuant to an agreement reached and documented by both the Secretary and the Foundation. - (3) Program adjustments— - (A) In general— In any fiscal year in which the amount described in subparagraph (B) is less than $100,000,000, the Foundation, in consultation with the Secretary, may elect not to use any of the amounts allocated under paragraph (1) for that fiscal year to award grants under section 12006(b). - (B) Determination amount— The amount described in this subparagraph for a fiscal year is the amount that is equal to the sum of— - (i) the amount that is 5 percent of the corpus of the Endowment fund; and - (ii) the aggregate amount of income the Foundation expects to be generated from the Endowment fund in that fiscal year. - (g) Recovery of payments— After notice and an opportunity for a hearing, the Secretary is authorized to recover any Federal payments under this section if the Foundation— - (1) makes a withdrawal or expenditure of the corpus of the Endowment fund or the income of the Endowment fund that is not consistent with the requirements of section 12005; or - (2) fails to comply with a procedure, measure, method, or standard established under section 12006(a)(1). ## Sec. 12005 Eligible uses — added - (a) In general— Amounts in the Endowment may be allocated by the Foundation to support programs and activities intended to restore, protect, maintain, or understand living marine resources and their habitats and ocean, coastal, and Great Lakes resources, including baseline scientific research, ocean observing, and other programs and activities carried out in coordination with Federal and State departments or agencies, that are consistent with Federal environmental laws and that avoid environmental degradation, including the following: - (1) Ocean, coastal, and Great Lakes restoration and protection, including the protection of the environmental integrity of such areas, and their related watersheds, including efforts to mitigate potential impacts of sea level change, changes in ocean chemistry, and changes in ocean temperature. - (2) Restoration, protection, or maintenance of living ocean, coastal, and Great Lakes resources and their habitats, including marine protected areas and riparian migratory habitat of coastal and marine species. - (3) Planning for and managing coastal development to enhance ecosystem integrity or minimize impacts from sea level change and coastal erosion. - (4) Analyses of current and anticipated impacts of ocean acidification and assessment of potential actions to minimize harm to ocean, coastal, and Great Lakes ecosystems. - (5) Analyses of, and planning for, current and anticipated uses of ocean, coastal, and Great Lakes areas. - (6) Regional, subregional, or site-specific management efforts designed to manage, protect, or restore ocean, coastal, and Great Lakes resources and ecosystems. - (7) Research, assessment, monitoring, observation, modeling, and sharing of scientific information that contribute to the understanding of ocean, coastal, and Great Lakes ecosystems and support the purposes of this title. - (8) Efforts to understand better the processes that govern the fate and transport of petroleum hydrocarbons released into the marine environment from natural and anthropogenic sources, including spills. - (9) Efforts to improve spill response and preparedness technologies. - (10) Acquiring property or interests in property in coastal and estuarine areas, if such property or interest is acquired in a manner that will ensure such property or interest will be administered to support the purposes of this title. - (11) Protection and relocation of critical coastal public infrastructure affected by erosion or sea level change. - (b) Matching requirement— An amount from the Endowment may not be allocated to fund a project or activity described in paragraph (10) or (11) of subsection (a) unless non-Federal contributions in an amount equal to 30 percent or more of the cost of such project or activity is made available to carry out such project or activity. - (c) Considerations for Great Lakes States— Programs and activities funded in Great Lakes States shall also seek to attain the goals embodied in the Great Lakes Restoration Initiative Plan, the Great Lakes Regional Collaboration Strategy, the Great Lakes Water Quality Agreement, or other collaborative planning efforts of the Great Lakes Region. - (d) Prohibition on use of funds for litigation— No funds made available under this title may be used to fund litigation over any matter. ## Sec. 12006 Grants — added - (a) Administration of grants— - (1) In general— Not later than 90 days after the date of the enactment of this Act, the Foundation shall establish the following: - (A) Application and review procedures for the awarding of grants under this section, including requirements ensuring that any amounts awarded under such subsections may only be used for an eligible use described under section 12005. - (B) Approval procedures for the awarding of grants under this section that require consultation with the Secretary of Commerce and the Secretary of the Interior. - (C) Eligibility criteria for awarding grants— - (i) under subsection (b) to coastal States; and - (ii) under subsection (c) to entities including States, Indian tribes, regional bodies, associations, non-governmental organizations, and academic institutions. - (D) Performance accountability and monitoring measures for programs and activities funded by a grant awarded under subsection (b) or (c). - (E) Procedures and methods to ensure accurate accounting and appropriate administration grants awarded under this section, including standards of record keeping. - (F) Procedures to carry out audits of the Endowment as necessary, but not less frequently than once every 5 years. - (G) Procedures to carry out audits of the recipients of grants under this section. - (2) Approval procedures— - (A) Submittal— The Foundation shall submit to the Secretary each procedure, measure, method, and standard established under paragraph (1). - (B) Determination and notice— Not later than 90 days after receiving the procedures, measures, methods, and standards under subparagraph (A), the Secretary shall— - (i) determine whether to approve or disapprove of such procedures, measures, methods, and standards; and - (ii) notify the Foundation of such determination. - (C) Justification of disapproval— If the Secretary disapproves of the procedures, measures, methods, and standards under subparagraph (B), the Secretary shall include in notice submitted under clause (ii) of such subparagraph the rationale for such disapproval. - (D) Resubmittal— Not later than 30 days after the Foundation receives notification under subparagraph (B)(ii) that the Secretary has disapproved the procedures, measures, methods, and standards, the Foundation shall revise such procedures, measures, methods, and standards and submit such revised procedures, measures, methods, and standards to the Secretary. - (E) Review of resubmittal— Not later than 30 days after receiving revised procedures, measures, methods, and standards resubmitted under subparagraph (D), the Secretary shall— - (i) determine whether to approve or disapprove the revised procedures, measures, methods, and standards; and - (ii) notify the Foundation of such determination. - (b) Grants to coastal States— - (1) In general— Subject to paragraphs (3) and (4), the Foundation shall award grants of amounts allocated under section 12004(e)(2)(A) to eligible coastal States, based on the following formula: - (A) Fifty percent of the funds are allocated equally among eligible coastal States. - (B) Twenty-five percent of the funds are allocated on the basis of the ratio of tidal shoreline miles in a coastal State to the tidal shoreline miles of all coastal States. - (C) Twenty-five percent of the funds are allocated on the basis of the ratio of population density of the coastal shoreline counties of a coastal State to the population density of all coastal shoreline counties. - (2) Eligible coastal States— For purposes of paragraph (1), an eligible coastal State includes— - (A) a coastal State that has a coastal management program approved under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); and - (B) during the period beginning on the date of the enactment of this Act and ending on December 31, 2018, a coastal State that had, during the period beginning January 1, 2008, and ending on the date of the enactment of this Act, a coastal management program approved as described in subparagraph (A). - (3) Maximum allocation to States— Notwithstanding paragraph (1), not more than 10 percent of the total funds distributed under this subsection may be allocated to any single State. Any amount exceeding this limit shall be redistributed among the remaining States according to the formula established under paragraph (1). - (4) Maximum allocation to certain geographic areas— - (A) In general— Notwithstanding paragraph (1), each geographic area described in subparagraph (B) may not receive more than 1 percent of the total funds distributed under this subsection. Any amount exceeding this limit shall be redistributed among the remaining States according to the formula established under paragraph (1). - (B) Geographic areas described— The geographic areas described in this subparagraph are the following: - (i) American Samoa. - (ii) The Commonwealth of the Northern Mariana Islands. - (iii) Guam. - (iv) Puerto Rico. - (v) The Virgin Islands. - (5) Requirement to submit plans— - (A) In general— To be eligible to receive a grant under this subsection, a coastal State shall submit to the Secretary, and the Secretary shall review, a 5-year plan, which shall include the following: - (i) A prioritized list of goals the coastal State intends to achieve during the time period covered by the 5-year plan. - (ii) Identification and general descriptions of existing State projects or activities that contribute to realization of such goals, including a description of the entities conducting those projects or activities. - (iii) General descriptions of projects or activities, consistent with the eligible uses described in section 12005, applicable provisions of law relating to the environment, and existing Federal ocean policy, that could contribute to realization of such goals. - (iv) Criteria to determine eligibility for entities which may receive grants under this subsection. - (v) A description of the competitive process the coastal State will use in allocating funds received from the Endowment, except in the case of allocating funds under paragraph (7), which shall include— - (I) a description of the relative roles in the State competitive process of the State coastal zone management program approved under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) and any State Sea Grant Program; and - (II) a demonstration that such competitive process is consistent with the application and review procedures established by the Foundation under subsection (a)(1). - (B) Updates— As a condition of receiving a grant under this subsection, a coastal State shall submit to the Secretary, not less frequently than once every 5 years, an update to the plan submitted by the coastal State under subparagraph (A) for the 5-year period immediately following the most recent submittal under this paragraph. - (6) Opportunity for public comment— In determining whether to approve a plan or an update to a plan described in subparagraph (A) or (B) of paragraph (5), the Secretary shall provide the opportunity for, and take into consideration, public input and comment on the plan. - (7) Approval procedure— - (A) In general— Not later than 30 days after the opportunity for public comment on a plan or an update to a plan of a coastal State under paragraph (6), the Secretary shall notify such coastal State that the Secretary— - (i) approves the plan as submitted; or - (ii) disapproves the plan as submitted. - (B) Disapproval— If the Secretary disapproves a proposed plan or an update of a plan submitted under subparagraph (A) or (B) of paragraph (5), the Secretary shall provide notice of such disapproval to the submitting coastal State in writing, and include in such notice the rationale for the Secretary’s decision. - (C) Resubmittal— If the Secretary disapproves a plan of a coastal State under subparagraph (A), the coastal State shall resubmit the plan to the Secretary not later than 30 days after receiving the notice of disapproval under subparagraph (B). - (D) Review of resubmittal— Not later than 60 days after receiving a plan resubmitted under subparagraph (C), the Secretary shall review the plan. - (8) Indian tribes— As a condition on receipt of a grant under this subsection, a State that receives a grant under this subsection shall ensure that Indian tribes in the State are eligible to participate in the competitive process described in the State's plan under paragraph (5)(A)(v). - (c) National grants for oceans, coasts, and Great Lakes— - (1) In general— The Foundation may use amounts allocated under section 12004(e)(2)(B) to award grants according to the procedures established in subsection (a) to support activities consistent with section 12005. - (2) Advisory panel— - (A) In general— The Foundation shall establish an advisory panel to conduct reviews of applications for grants under paragraph (1) and the Foundation shall consider the recommendations of the Advisory Panel with respect to such applications. - (B) Membership— The advisory panel established under subparagraph (A) shall include persons representing a balanced and diverse range, as determined by the Foundation, of— - (i) ocean, coastal, and Great Lakes dependent industries; - (ii) geographic regions; - (iii) nonprofit conservation organizations with a mission that includes the conservation and protection of living marine resources and their habitats; and - (iv) academic institutions with strong scientific or technical credentials and experience in marine science or policy. ## Sec. 12007 Annual report — added - (a) Requirement for annual report— Beginning with fiscal year 2014, not later than 60 days after the end of each fiscal year, the Foundation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on the operation of the Endowment during the fiscal year. - (b) Content— Each annual report submitted under subsection (a) for a fiscal year shall include— - (1) a statement of the amounts deposited in the Endowment and the balance remaining in the Endowment at the end of the fiscal year; and - (2) a description of the expenditures made from the Endowment for the fiscal year, including the purpose of the expenditures. ## Sec. 12008 Tulsa Port of Catoosa, Rogers County, Oklahoma land exchange — added - (a) Definitions— In this section: - (1) Federal land— The term Federal land means the approximately 87 acres of land situated in Rogers County, Oklahoma, contained within United States Tracts 413 and 427, and acquired for the McClellan-Kerr Arkansas Navigation System. - (2) Non-Federal land— The term non-Federal land means the approximately 34 acres of land situated in Rogers County, Oklahoma and owned by the Tulsa Port of Catoosa that lie immediately south and east of the Federal land. - (b) Land exchange— Subject to subsection (c), on conveyance by the Tulsa Port of Catoosa to the United States of all right, title, and interest in and to the non-Federal land, the Secretary shall convey to the Tulsa Port of Catoosa, all right, title, and interest of the United States in and to the Federal land. - (c) Conditions— - (1) Deeds— - (A) Deed to non-Federal land— The Secretary may only accept conveyance of the non-Federal land by warranty deed, as determined acceptable by the Secretary. - (B) Deed to Federal land— The Secretary shall convey the Federal land to the Tulsa Port of Catoosa by quitclaim deed and subject to any reservations, terms, and conditions that the Secretary determines necessary to— - (i) allow the United States to operate and maintain the McClellan-Kerr Arkansas River Navigation System; and - (ii) protect the interests of the United States. - (2) Legal descriptions— The exact acreage and legal descriptions of the Federal land and the non-Federal land shall be determined by surveys acceptable to the Secretary. - (3) Payment of costs— The Tulsa Port of Catoosa shall be responsible for all costs associated with the land exchange authorized by this section, including any costs that the Secretary determines necessary and reasonable in the interest of the United States, including surveys, appraisals, real estate transaction fees, administrative costs, and environmental documentation. - (4) Cash payment— If the appraised fair market value of the Federal land, as determined by the Secretary, exceeds the appraised fair market value of the non-Federal land, as determined by the Secretary, the Tulsa Port of Catoosa shall make a cash payment to the United States reflecting the difference in the appraised fair market values. - (5) Liability— The Tulsa Port of Catoosa shall hold and save the United States free from damages arising from activities carried out under this section, except for damages due to the fault or negligence of the United States or a contractor of the United States. ## Sec. 13001 Applicability of Spill Prevention, Control, and Countermeasure rule — added - (a) Definitions— In this title: - (1) Administrator— The term Administrator means the Administrator of the Environmental Protection Agency. - (2) Farm— The term farm has the meaning given the term in section 112.2 of title 40, Code of Federal Regulations (or successor regulations). - (3) Gallon— The term gallon means a United States liquid gallon. - (4) Oil— The term oil has the meaning given the term in section 112.2 of title 40, Code of Federal Regulations (or successor regulations). - (5) Oil discharge— The term oil discharge has the meaning given the term discharge in section 112.2 of title 40, Code of Federal Regulations (or successor regulations). - (6) Reportable oil discharge history— The term reportable oil discharge history has the meaning used to describe the legal requirement to report a discharge of oil under applicable law. - (7) Spill Prevention, Control, and Countermeasure rule— The term Spill Prevention, Control, and Countermeasure rule means the regulation, including amendments, promulgated by the Administrator under part 112 of title 40, Code of Federal Regulations (or successor regulations). - (b) Certification— In implementing the Spill Prevention, Control, and Countermeasure rule with respect to any farm, the Administrator shall— - (1) require certification of compliance with the rule by— - (A) a professional engineer for a farm with— - (i) an individual tank with an aboveground storage capacity greater than 10,000 gallons; - (ii) an aggregate aboveground storage capacity greater than or equal to 20,000 gallons; or - (iii) a reportable oil discharge history; or - (B) the owner or operator of the farm (via self-certification) for a farm with— - (i) an aggregate aboveground storage capacity not more than 20,000 gallons and not less than the lesser of— - (I) 6,000 gallons; or - (II) the adjustment described in subsection (d)(2); and - (ii) no reportable oil discharge history of oil; and - (2) not require a certification of a statement of compliance with the rule— - (A) subject to subsection (d), with an aggregate aboveground storage capacity of not less than 2,500 gallons and not more than 6,000 gallons; and - (B) no reportable oil discharge history; and - (3) not require a certification of a statement of compliance with the rule for an aggregate aboveground storage capacity of not more than 2,500 gallons. - (c) Calculation of aggregate aboveground storage capacity— For purposes of subsection (b), the aggregate aboveground storage capacity of a farm excludes— - (1) all containers on separate parcels that have a capacity that is 1,000 gallons or less; and - (2) all containers holding animal feed ingredients approved for use in livestock feed by the Commissioner of Food and Drugs. - (d) Study— - (1) In general— Not later than 12 months of the date of enactment of this Act, the Administrator, in consultation with the Secretary of Agriculture, shall conduct a study to determine the appropriate exemption under subsection (b)(2)(A) and (b)(1)(B) to not more than 6,000 gallons and not less than 2,500 gallons, based on a significant risk of discharge to water. - (2) Adjustment— Not later than 18 months after the date on which the study described in paragraph (1) is complete, the Administrator, in consultation with the Secretary of Agriculture, shall promulgate a rule to adjust the exemption levels described in subsection (b)(2)(A) and (b)(1)(B) in accordance with the study. ## Sec. 13002 America the Beautiful National Parks and Federal Recreational Lands Pass program — added - The Secretary may participate in the America the Beautiful National Parks and Federal Recreational Lands Pass program in the same manner as the National Park Service, the Bureau of Land Management, the United States Fish and Wildlife Service, the Forest Service, and the Bureau of Reclamation, including the provision of free annual passes to active duty military personnel and dependents.